JOHN BIGELOW TO G. PITMAN SMITH

"58 E. 34TH ST., NEW YORK, _March 10, 1880_.

"HON. G. PITMAN SMITH.

"DEAR SIR,--Mr. Tilden has shown me your favor to him of

the 25th ult., and desires me to thank you for its friendly counsel.

In complying with his wishes, I will take the liberty of adding a

few words on my own account for which I trust my cordial sympathy

with the manifest objects of your communication will be a sufficient

apology.

"There is no one in this country, I suppose, who can suffer more

from a popular misunderstanding of his motives than Mr. Tilden, but

circumstances constrain him, no less now than heretofore, to leave

the vindication of his conduct as the leader of his party in the

last Presidential contest to its good sense and its love of justice.

There has been no time when he could participate in any public

discussion of the methods finally adopted for counting the electoral

vote, without appearing to criticise the conduct of statesmen

standing high in the confidence of the Democratic party and whose

patriotism is above suspicion. That alone would be a sufficient

reason with him for maintaining silence, and for declining to make

of what might seem to some a personal grievance a provocation of

unprofitable party dissension.

"But in my judgment he had another and a better reason. He knew

that whenever, if ever, it should become necessary for the people

of the United States to pass judgment upon his conduct during and

subsequent to the canvass of 1876 they could not fail to acquit him

of any responsibility for its final result.

"The logic of nations is far more rigorous than that of the

individuals composing it, and it would be doing the understanding of

the American people great injustice to suppose they cannot see that

there was no time when Mr. Tilden could have taken any step towards

seizing the Presidency with any color of right or with any prospect

of success. There were just two contingencies, and only two, in

which it would have been lawful and obligatory on Mr. Tilden to take

the oath as President of the United States.

"The first one would have been presented if Congress had performed

its constitutional duty: had counted the electoral votes, and

declared Mr. Tilden the chosen of the electoral colleges. The duty

of verifying the electoral votes is given by the Constitution to

the two Houses of Congress and to them only; it has always been

exercised by them at the choice of every previous President from

the foundation of the government. It was known to all who came in

contact with Mr. Tilden--for he was unreserved in the expression of

his opinion upon that subject--that in his view this power and duty

of Congress was lodged nowhere else.

"The two Houses of Congress, however, did not see fit to exercise

that power nor to discharge that duty, and as a consequence this

contingency in which it would have been proper for Mr. Tilden to

take the official oath never presented itself. Before the time

fixed by law for counting the electoral votes, Congress passed

the electoral bill by which they practically abdicated in favor

of a tribunal unknown to and, in my judgment, unknowable by the

Constitution, and enacted that the electoral commission should in

the first instance make the count, and that its count should stand

unless overruled by the concurrent action of the two Houses. This

electoral tribunal counted Mr. Tilden out, and counted in a man

who was not elected. Congress did not overrule their count, in

consequence of which the false count stood as law under the act of

Congress.

"The only other contingency in which it would have been obligatory,

or even lawful, for Mr. Tilden to have taken the oath of office was

in case of a failure in the choice of President by the electoral

colleges, the House of Representatives had itself proceeded to make

the election, voting by States in the manner prescribed by the

Constitution and pursued in the election of John Q. Adams.

"This contingency, like the first, never presented itself, and,

both failing, any attempt on the part of Mr. Tilden to seize the

Presidency by violence would have been not statesmanship, but simply

brigandage.

"Courage is too common a virtue among Americans for any one to make

a boast of it, and the lack of courage too rare to explain the

conduct of any body of representative men. At the same time, there

is no doubt that if there was any place where a special display of

heroism could have prevented the defeat of the popular choice and

installed the elect of the people in the Presidential chair, that

place was the floor of Congress. I suppose I say nothing which any

Democratic member of that Congress will be disposed to dispute when

I state that it was the fear that the Senate would lead a resistance

to the rightful judgment of the House, and that President Grant

would sustain this revolutionary policy with the army and navy, and

with the militia of the great States in which the Republicans had

possession of the State governments, that deterred the House of

Representatives from the assertion of its rights, and induced its

vote for and acquiescence in the electoral commission.

"But without speculating upon the causes or motives for such

vote and acquiescence the facts are beyond dispute. The House of

Representatives did not elect Mr. Tilden in the manner prescribed by

the Constitution or in any other. On the other hand, it did concur

with the Senate in anticipating and preventing the contingency in

which it might have had to act, and in providing beforehand an

expedient which incapacitated it for supplying a failure of an

election by the colleges. It adopted the electoral law, and went

through all the forms of the electoral scheme. True, it afterwards

rebuked itself by passing a declaratory resolution condemning the

electoral commission, and asserting that Mr. Tilden had been the

choice of the people. But the Constitution had not provided that

a man should or could take office as President on a declaratory

resolution of the House of Representatives. If that resolution could

have had full effect to abrogate the electoral law which the House

had assisted to enact, it would still have furnished Mr. Tilden

with no warrant of authority for taking the oath of office. Had Mr.

Tilden been declared President-elect by either of the constitutional

methods, no one who knows him can doubt that he would have taken the

oath and the office or sealed the people's choice with his blood, as

he was in duty bound to do.

"I do not weary you with the recapitulation of these facts, because

I suppose any of them new to you. On the contrary, they are all now

matters of history. It is because they are of public notoriety, and

because they point so directly to the one and inevitable conclusion

that Mr. Tilden's responsibility in the late canvass terminated at

the ballot-box, that I recall them here to justify in your eyes his

silence upon the subject referred to in your letter, and his perfect

faith in the good sense and justice of his countrymen.

"I need hardly say that in what I have here written in explanation

of Mr. Tilden's attitude before the country I have written as his

friend, not for him.

"Very truly yours,

"JOHN BIGELOW."

Letters and Literary Memorials of Samuel J. Tilden, v. 2 · 第 139 / 295 题