CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, _Jan'y 12, 1876_.

"MY DEAR GOVERNOR TILDEN,--In this form I will say nothing

of the proceedings, surprising to me, as they must have been to you,

which have marked the movements toward trying the Tweed civil cases.

I have neither seen nor heard from the present chief of the 'bureau

of municipal correction' since the newspapers began to regale us

with its recent fortunes.

"My object in addressing you is to submit certain suggestions for

consideration.

"When the present leading counsel for Tweed fell into a line of

practice which, steadily pursued for years as it has been, might

well have led to his being dubbed Attorney-General for Rascals, it

was my lot to be much in professional antagonism to him. I found

him to be neither wise, learned, nor, properly speaking, able, but

essentially a trickster. He seems capable of being very troublesome,

and to a _negligent_ or unskilful adversary he may be regarded as

dangerous.

"In dealing with his class, one will generally find a central device

around which all their series of tricks revolve, and from which

all their force and effectiveness are drawn. This man's course and

career furnish an admirable illustration of this fact.

"Our multitude of judges, with equal powers, were perceived by

him to furnish a hopeful quarry. One wicked, weak, or manageable

could be found somewhere. The next item in his scheme for making

judicial proceedings do the work which a bolder thief might seek

to accomplish by piracy, highway robbery, or counterfeiting was to

engage himself in quarrels where an unlimited number of separate

suits by separate plaintiffs might be brought before different

judges--all aimed at the same substantial object. This enabled him

to make almost at random all sorts of harassing movements against

the same parties. Slap-dash, hit or miss, he poured his shot upon

the selected victims, the loss of a suit or failure of a movement

troubling him not, the number of strings to his bow making this of

no more consequence to him than the loss of a single soldier to the

general of an army.

"You are aware that any single stockholder in a private or trading

corporation may file a bill in equity against the corporation

itself, its managing officers, and any one else suggesting

malversation, and, of course, such a suit has all the usual

incidents of receivership, injunctions, etc., etc. With a desperate

Wall Street swindler for plaintiff, an utterly unscrupulous legal

practitioner to direct it, and an unprincipled or manageable judge,

the blackmailing capabilities of such a suit are not slight. And

when you consider that the stock is always in the market, and

that five shares, or, indeed, a single share, may be sufficient to

qualify a plaintiff, you see the readiness with which a lot of these

suits, like a swarm of insects in summer, may harass. It was with

this single scrap of technical knowledge that the Attorney-General

for Scoundrels qualified himself for his office. In a very large

degree he has lived upon it ever since.

"It was in analogy to this right of the stockholder of a private

corporation that some well-intentioned persons devised the scheme

of judicially restraining municipal and other public officers from

improper action. I believe the history of the rise and fall of this

idea may be found in a long argument of mine reported in 'Wetmore

_v._ Story,' _22_ or _23 Barbour_. You have read it and spoken of it

to me. There is no analogy between the cases, and no basis in our

common-law or customary jurisprudence for the pretended right of a

taxpayer thus to intervene. The inconveniences of such a practice

would be enormous. It should not be permitted.

"Using a noted and life-long corruptionist, Charles Devlin, one of

Tweed's bail, the Scoundrel's Attorney-General has brought a suit

of this kind intended to perplex the Ring prosecutions and aid in

misleading the thoughtless readers of their partisan journals.

"I have said that such a suit is wholly without warrant in the

common law, and the claim to sustain it thereby has been by the

highest authority, in every form, judicially exploded; but in two

statutes it may find some color at least of support, and I write in

the hope that these may be at once repealed.

"The first of these is S. 3 of the city tax levy of 1864, ch. 405,

p. 945. It was obtained by Nathaniel Sands, the then leader of

reform, as actuary or general agent of Peter Cooper's Citizens'

Association. His subsequent history is known to you. The other

is ch. 161 of the laws of 1872, p. 467. You were then in the

Legislature, and may have favored its passage; it is not impossible

that I may have failed to condemn it when spoken to, but I never

believed in the utility of such a remedy. A reluctance to throw

cold water on the efforts of our friends sometimes dictates a

prudent silence. But whatever might be said at that time, the law

of 1875, establishing the right of the State, has superseded the

use of any such private taxpayer's action, and this inexpressibly

impudent suit of Devlin shows that the privilege tends to mischief.

I hope you will get some real and earnest reformer belonging to the

Republican party to bring in and push through a bill for the repeal

of both these enactments.

"Another subject may seem to demand attention, and that speedily. In

Polly Bodine's case, some years ago, it was found that the public

journals had so thoroughly imbued the minds of the people with

information or reports and ideas concerning the facts of the case

that under the existing common law touching challenges to the favor

it was hardly possible to get a jury. This must be so in Tweed's

cases. The Legislature then altered the law, but I am told that the

change is confined in its terms to criminal cases. It ought, by

supplemental legislation, to be extended to all cases.

Yours faithfully,

"CH. O'CONOR."

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 4 / 295 题