Yale University Library

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"I^ive thefe Books
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1911

AUTOBIOGRAPHY WITH
REPORTS AND DOCUMENTS

AUTOBIOaRAPHY

WITH

REPORTS AND DOCUMENTS

ELIZUE BRACE HINSDALE

$

NEW YORK
PRESS OF J. J. LITTLE & CO.
1901

CONTENTS
PAGK
Introduction  7
AUTOBIOGRAPHY
CHAPTER I. Boyhood Days  13
II. School Days  17
III. Incidents of my Childhood  20
IV. Life outside of Schools  28
V. Habits of Reading  33
VI. Plans of Life Forming  35
VII. Five Years op Country Practice  40
VIII. Removal to New York  46
IX. Public Questions  52
X. Union League Club  59
XI. Court of Special Sessions  76
XII. Reflections  80
REPORTS AND DOCUMENTS
Northern Interference with Slavery  87
Constitutionality op Conscription  91
New Parks  95
Land Transfer Reform  105
Protective Tariff  123
The Liquor Traffic  182
The McKinley Tariff, 1890  138
New Orleans Riots (First Report)  146

6 CONTENTS PAGE
New Orleans Riots (Second Report)  153
Governor David B. Hill's Steal op the Senate op the State
of New York  163
Hawaiian Islands  ... 179
Elections op 1893  186
Municipal Reform  196
Benjamin Harrison Campaign  308
Police Legislation  . . 335
Municipal Legislation  232
A Proposed Bill on Compulsory Education .... 241
Report of the Committee on Political Reform . . . 246
Report of the Committee on Political Reform . . . 348
Report op the Committee on Political Reform . . . 251
Report of the Committee on Political Reform . . . 255
Report of the Committee on Political Reform . . . 259
Report op the Committee on Political Reform . . . 264
Address to Hon. William M. Evarts .... 270
Paper Prepared for the Union League Club in Memory op
John Bright  . 275
Native Copper in Michigan  278
Argument Before the Legislature in Favor op an East
River Bridge  292
The Real Value op Coin .... ... 300
Opinion in Case op John Most the Anarchist .... 306
Letters of Judges and Others, 1861 . . . . 315

INTRODUCTION
Every book should have an introduction, and for that
reason I write one for this book. Such productions are
generally a stately address to the public, giving the scope
and purpose of their publication. As this book will have
no reading by the general public and have no scope, I
need therefore only deal with the purpose of its publica
tion. The statement of this might with propriety be
omitted, except that the original design, which was to issue
it for strictly family circulation, has been departed from,
and a few extra copies are to be printed for those personal
friends who may take a friendly interest in me. It is with
this latter class of readers that I am now trying to talk.
It is to each of you who may read these lines that I wish
to offer a few words of explanation as to how I came to
prepare this volume.
For the purposes of this work you are taken into the
private confidences of the family. And now, if I have
succeeded in establishing the proper relations between you
and myself, I will tell you all about how I came to prepare
this volume and the purposes of it. I am emboldened to
take you thus into my confidence by the hope that it will
remove from your mind the idea, if it is lurking there,
that I am conceited enough to think that anything I have
ever done or written is worthy to be preserved. You will
see by my statement how an iimocent idea can grow and
strengthen until a prudenlrman is carried along to a posi-

8 INTRODUCTION
tion which he would not have entertained for one moment
at the outset.
It happens that at various times in my life I have writ
ten articles upon diverse subjects, many of which have
been printed in pamphlets. Many years ago I promised
my wife and children that I would look over my papers
and gather together such as I could find and bind them up
in a somewhat orderly and permanent form. Had I at
tended to this matter at the time, my family would have
been contented, and I would have been saved much trouble
now. Within the past few months I undertook to fulfil
my long-deferred promise. I found my papers in bad
condition to bind. The suggestion to print them again was
made, and to this I assented. Then came the suggestion
that I preface the papers with an autobiography. Against
this I protested again and again, and then yielded. What
a common experience this is for mankind ! How often
men have been obliged to explain their position just as I
am now doing, because they have yielded to the influence
of others! There are two sides to this reflection. It
;must not be forgotten that the influence of others often
saves us from many blunders, if not something worse.
Having consented to the autobiography, I entered upon
the work with misgivings and no little protest against the
propriety of it. I have found comfort in the reflection
that itis not to be read by the public, but by my family and
:by you, my friend.
This reflection has emboldened me to write many things
that I would not otherwise have written. What is an
autobiography, after all ? It is only the story of how one
grows and what one does from his own standpoint. I
have put down the story of my life just as I recall it. I
iave endeavored to give my personality in outline in these

INTRODUCTION 9
pages as it appears to me. If you read it, remember
always it was written primarily for my family, and that
I yielded to the latter when it was suggested that it would
be well to print a few extra copies for friends. That is
the way it happens that you are permitted to read the
uneventful story of my life, put down with the license and
liberty of the family circle.
In the preparation of this account of my life, memory
has given up many incidents long since generally forgot
ten. I have found pleasure in recalling them. Such
incidents have been the experience of thousands of coun
try boys. They are trivial and commonplace, yet they left
their impress upon me. As I recall them I can now
understand that they helped to form my character, such
as it is.
Everything is important to a boy. Character grows in
a boy by the force and nature of his environments. I
had no great temptations of an evil nature. I had no
great trials or deprivations. I just grew with healthy,
wholesome influences around me, with no luxuries and
limited opportunities. I was hungry and eager for knowl
edge, and by the aid of books acquired such learning as I
craved, without much guidance and with little assistance.
I grew mentally as I read, because I enjoyed it. It was
luxurious freedom from all restraints of rules or tutors,
investigating much or little of any subject my fancy might
desire. What would have been the effect upon me of a
course of regular education, I have often asked myself.
The question is easier asked than answered. I do not
know the answer. I simply grew, as I have endeavored
to show in this autobiography.
New York, December 4, 1901.

AUTOBIOGRAPHY

CHAPTER I
BOTHOOD DATS
My family was an ancient family, as such things are
reckoned in this country. I am the seventh lineal de
scendant of Robert Hinsdale, who was one of the founders
of Dedham, Massachusetts. The ancient records of that
town show that he was prominent there as early as 1630.
The family was undoubtedly of French or LoAvland origin.
The name figures extensively in church and state matters
affecting eastern Continental Europe since about the
twelfth century, but no trace of the name can be found in
the British Islands.
I was born on the fourth day of December, 1831. When
I got old enough to observe things around me, I found I
had been ushered into life in a very respectable framed
farmhouse in the town of Le Roy, Genesee County, State
of J^ew York. This town was situated on the old line of
turnpikes and highways that formed the stage-coach line
between Albany and Buffalo. The particular farmhouse
referred to was two miles west of the then flourishing
village of Le Roy, Western l!few York. At a time not
long before my birth that country had been covered with
a dense growth of forest trees. The trees were thick, tall,
and straight, very many of them of respectable size, from
three to seven feet in diameter. At the time my observa
tions began the early settlers had felled patches of those
noble trees, had built log-houses and log-barns, with an
occasional framed house like that belonging to my father.

14 BOYHOOD DAYS
The soU of the country was of exceptional fertility, and
yielded rich reward to the labor bestowed upon it. My
early life was spent in that period of not exactly frontier
life, but of transition of a partially subdued country to
that of one of the most beautiful garden spots of the world.
It was a wonderland of transformation to me, from almost
primitive wildness to a high state of rural cultivation. I
imagine that such surroundings to my boy life had great
influence in forming my character.
My home was surrounded by a young but vigorous
orchard of apples, pears, peaches, and plums. On the op
posite side of the street, on our nearest neighbor's farm,
the forest had been cut down, but sturdy stumps covered
the whole field. In the depressions of the soil pools of
water would gather in the winter, and, when frozen over,
furnished me fine skating. All the surrounding country
had large tracts of virgin timber, in which animals and
birds and all sorts of creeping things lived and flour
ished, as their kind had done for countless ages. These
forests were a perpetual source of interest and pleasure
to me in my boyhood days. I was allowed a larger lati
tude to roam there than fell to the lot of most boys. When
I was about three years old I had scarlet fever. I was
told that my life was despaired of. On my recovery I was
such a sickly child that every indulgence was given me
until I was about eight years of age.
I cannot say that I studied anything. The meaning
of the word study was hardly known to me then. I just
enjoyed everything. The tall and stately trees awed me ;
the music of the birds charmed me. From the first bud
dings of leaves and wild flowers in the spring to the falling
of the ripened nuts and withered leaves under the blight
ing influence of the autumn's frosts, every stage of the

BOYHOOD DAYS 15
mighty panorama was interesting to me. I did not under
stand it. I do not thiuk I wanted to understand it. All
I wanted was to observe and feel it. I learned to know
the order in which birds return after their winter's wan
dering. I observed that certain birds returned to the
same place to build anew their nests. Their music and
calls were familiar to me. I never can forget the thrill
of pleasure it was to me when I first heard the meadow-
lark, with its burst of music from the ground, start up
ward with joy and delight in every note to greet the light
of the sun just beginning to tinge the eastern sky. It
was yet so dark I could not see the bird, but the burst of
music from the ground continued upward and upward
with thrilling effect. 'No other bird had yet sounded a
note. Nature was in that state of awful stillness that
immediately precedes the awakening of a new day. Let
no one ever expect to hear this almost divine Nature's
song unless he is present in still meadow-land before the
early dawn of a summer's day. Even then it is not often
that he will hear it. In those days I knew where the
largest and best wild berries grew ; I knew the wild vines
that were" poisonous, and the nuts and roots that could
be safely eaten. Wasps' nests and wild honey-bees' nests
were often attacked by me, when a most interesting con
test would ensue between myself and the occupants of
these nests, in which I regret to state that the spirit of
truth which pervades this narrative compels me to admit
that in some instances I came off second best.
Thus in my early childhood I grew as wild and natural
as did everything about me. I was a typical country-bom
boy, greatly interested in the things in sight, knowing
nothing of the things out of sight. My home was plain,
but for the place and times there was an air of culture

16 BOYHOOD DAYS
and refinement in it. My parents were Connecticut
people, who brought with them the sterling principles of
the people of those times. They were devoted to the
doctrines and teachings of the Presbyterian Church, and,
as may be inferred, I received constant admonition in the
principles of religion and morality. Every morning after
breakfast the family and servants were assembled for the
reading of a chapter in the Bible and family prayers. I
can but think that such a practice is of the highest value
in moulding the character of a child.
At the age of about eight years my health improved,
and I became a sturdy and healthy boy. From that time
to this date I have been strong and vigorous, with only,
occasional short periods of sickness. I have always be
lieved that my early free life laid the foundation for a
healthy body that enabled me, as my life progressed, to
perform a great amount of mental work. I do not know
just when I was first sent to school, but, as near as I can
recall it, it was at about the age of eight years.
This was very irksome to me. The longing for the
woods was intense, and, in spite of all my good resolutions,
T would run away from school and spend my time with
the birds and squirrels. It was with a stinging conscious
ness of guilt that I would return home, to be admonished
again and again of the wrong I was doing, and with real
earnestness and great fervency I would promise not to
offend again. How true it is that boy nature is only a
type of mature manhood ! The spirit was willing, but the
flesh was weak. The attractions of the woods were too
much for me, and, after a prolonged sufferance and indul
gence of my waywardness, paternal duty required the re
peated applications of a remedy of which I do not care
to speak at this time.

CHAPTER n

SCHOOL DAYS

As I have just stated, I was sent to school at about the
age of eight years. It was a real old-fashioned, typical
country common district school. The building was just
across the street from my father's house. It was a square
stone building, one story high, with one room for all school.
purposes. The long benches and desks were arranged
around the room, each succeeding row slightly raised,
until the last row was next the wall. In front of the Iut
side row was a low wooden bench, fastened to the straight,
backs of the inside row of desks. This mside bench was
for the small children. I recall that the bench was so
high my feet could not touch the floor,, and the straight
back was much above my head. The arrangement of the
desks was such that it left a square space in the middle
of the room, where all the classes, were lined up for reci:
tations, standing in a line in front of the little children.
In the middle of the space, in the winter season, was a
square box stove, that had to be kept at a high tempera
ture to warm the room sufficiently for scholars on the back
seats. The school hours in, the morning were from nine
o'clock until twelve o'clock, and in the afternoon, from
one o'clock until four • o'clock, with a short recess each
forenoon and afternoon. I recall to this day the intense
weariness of those days.- I was called up twice each day
to recite what was called, a lesson- — once in the forenoon
2

18 SCHOOL DAYS "
and once in the afternoon. I had an intense disgust for
the arrangements and the whole proceeding. I suffered
it for three years because I had to. In the winter sea
son all the older boys attended the school, and we had a
man teacher. In the summer we had a woman teacher.
The attendance was less then, and we were more com
fortable. In the winter the attendance was often over
sixty pupils, of all ages and grades, in that one small
room. No wonder memories of my first two or three
years of school Hfe are only those of torture and discon
tent. However, I did make some progress. The sum
mers were much more tolerable than the winters. It is
a pleasure to recall one teacher, Miss Mary Richardson,
who is still living, who says she taught me my A B Cs.
I do not remember it, but she is, no doubt, correct. I
must have made some progress in the first three years, for
I was allowed to sit on the back seats instead of the front
bench, where I had suffered so much torture. The first
study that I recollect feeling any interest in was arith
metic, when I was eleven years old. It seems to me this
was the first awakening of my intellectual faculties, or
.perhaps I should say it was the first movement in book
learning that furnished its own stimulus of pleasure in
study. Of course I had been taught the rudiments of
knowledge in the usual fundamental lines. In mathe
matics I found a mental pleasure that soon carried me
along at a rapid rate, regardless of teachers and classes.
At about the age of twelve years I was a big, strong
boy, and was withdrawn from school in the summer sea
son and put to such work on the farm as was suitable to
my age, but was continued in school during the winter
season. At the age of fifteen I had made such progress
that the district school was of no more service to me, and

SCHOOL DAYS 19
I was permitted to walk two miles to the village academy
for three winters, and that ended all the aid I ever re
ceived from schools and teachers in getting an education.
The three disconnected terms in the village academy ag-'
gregated from ten to twelve months of attendance. I do
not feel that I am greatly indebted to schools and teachers
for such education as I have. Yet they were of great
aid in waking up my faculties until they moved of them
selves in the irregular lines that I shall detail in another
chapter. My father was very proud of me, and often
talked of sending me to Yale College. Visions of this
possibility dazzled me for a number of years, but financial
difficulties, that do not concern this narrative, prevented
it. The struggle for knowledge had to be made alone,
with only such fortuitous helps as came in my way.

CHAPTER ni
INCIDENTS OF MT CHILDHOOD
As I have stated before, my home was on the stage
route between Albany and Buffalo. The passing of the
old stages each way daily, with their four horses, the
drivers cracking their long whips to touch up the leaders,
and sometimes blowing their tin horns, impressed my
childish mind as the grandest thing in the world. I
learned by experience that if I stood by the roadside and
held up ripe apples in my little hands the drivers would
pull up their grand teams and reach down and take the
apples from me with great pleasure. I remember one
driver, named Mike, who was very gracious to me, and
often asked me to climb up and drive with him, often as
far as the village, two miles away. The first distinct ambi
tion that I recall as formed in my mind was to be a stage
driver. Mike used to talk with we about it in a kindly
way. I don't think any resolution in my mind was ever
more firmly fixed than that was. After the lapse of a few
years a railroad was built through the town, and the lines
of what is now the New York Central Railroad were ex
tended to Buffalo, and the stages were withdrawn from
the route by my father's house. This was a great sorrow
to me, but I was greatly impressed by the exalted and
commanding position of a conductor of a train. To hear
him sing out the familiar " All aboard ! " then wave his
hand to the engineer as a signal for the train to move from

INCIDENTS OF MY CHILDHOOD 21
the station, and then swing on to the moving train as it
sped away out of my vision seemed to me a little grander
than the position of a stage driver. So my ambition took
up this new fancy, and I dwelt for years on the coming
time when I should be a railroad conductor.
A "general training" of my boyhood needs a few
words of description for those who are not old enough to
recall those days. All men within certain age limits were
obliged to belong to a military organization. They were
organized into companies, and these companies were
formed into regiments. They were the militia organiza
tion of the State. At one time they were undoubtedly
seriously conducted, and were regarded as an important
arm of defence for a free people. The long peace since
the war of 1812 with England had so weakened the gen
eral military spirit that at the time of my childhood the
whole system was a howling farce, and was soon thereafter
wiped out of existence, and our present system of uni
formed militia was substituted for it. The annual general
training of the regiments was still in existence in my
boyhood in the autumn of each year. The men were
assembled in companies, but without uniforms, bearing
such arms as they possessed, whether a shotgun or a rifle,
or perhaps the old arm of their revolutionary fathers.
At the time I speak of, the demoralization was such that
the young men vied with each other in their costumes of
old hats and queer clothing. The whole proceedings were
a rollicking outing for a day's sport. The music was dis
pensed by a drum and fife band gathered from the towne
of the county, the members of which probably never
played together except on these annual musters. The
band was not uniformed, and was without any apparent
leader. The drummers pounded away furiously, the prin-

32 INCIDENTS OF MY CHILDHOOD
cipal one in the estimation of the small boys being the
short, portly man with the bass drum. The fifes kept up
a constant discordant, shrill noise. It was with such mar
tial music that the motley crowd, after assembling on the
village green, marched to the field for drill and training.
To the small boy this outing was looked forward to
with great expectations of delight. The grounds were
surrounded with all sorts of places of amusements, fake
sales, and booths for the sale of sweet cider and ginger
bread. On one of these occasions, in the morning, my father
surprised me by giving me a silver half-dollar for spend
ing money. I had never had so much money before, and
I walked to the grounds revolving in my mind plans for
disposing of it. Of course a limited amount of ginger
bread and sweet cider was to be purchased, but the balance
was what bothered me. In walking around the grounds
my attention was attracted by a glib-tongued auctioneer,
who was selling what he said was a rare work of art, a
flaming red picture of the great fire in New York. As
I had heard all about the great fire, I thought such a
treasure ought to be secured for the family at home. I
commenced bidding on the picture, and soon reached the
limit of my capital, when it was knocked down to me at
fifty cents, the auctioneer declaring that he was giving
me the treasure. I carried the picture around with me
all day, and when I got hungry and thirsty had no means
of gratifying my wants, and went home hungry. When
I reached there my work of art was severely criticised,
and I went to bed with a heavy heart. I became satisfied
that I had been lied to and deceived by that auctioneer.
I never wanted to look at the picture again. The thought
that a mature man and an auctioneer would so deceive a

INCIDENTS OF MY CHILDHOOD 23
boy sank so deeply into my mind that I have never pur
chased a thing at auction since that day. I have never
felt that I could trust the auctioneer's statements.
I have often wondered if that act of improvidence was
not a manifestation of a propensity to improvidence that
has plagued me to this day.
My father was an ardent Whig and a believer in that
great leader Henry Clay. When Clay was nominated for
the presidency in 1844 against James K. Polk, the Demo
cratic nominee, my father was active and earnest in pro
moting Clay's canvass. He used to take me to all the
Whig meetings, although I was only a little over twelve
years of age. I recall that at one time in this canvass
d large wagon was fitted up in a gorgeous style to form
part of a procession to attend a mass meeting to be held
in a neighboring town. There were ten or twelve horses
hitched to the wagon, and a small boy was placed on the
back of each horse to ride to the place of meeting, I
being one of the number. Our horses were decorated
with flags and ribbons, and the boys were all furnished
with gay uniforms. Judging from the applause we re
ceived, we must have presented a gay appearance as we
rode along, our wagon filled with men shouting and waving
banners. When we arrived at the field, I did not go to
play with the other boys, but worked my way to the front
of the open-air meeting to a position just under the edge
of the platform where the speaking was to take place.
Boy as I was, I listened with absorbing interest to every
word said. The principal speaker was N. K. Hall, who
was later in life appointed a judge in the United States
Court by President Fillmore. After a severe arraign
ment of the Democratic party, he declared that you " could
take any principles, no matter how bad they might be,

34 INCIDENTS OP MY CHILDHOOD
and wrap the American flag around them and label them
Democratic, and the Democrats would swallow them " —
not a bad description of the masses of the Democratic
party of this day.
The two principal issues in 1844 beween the Democrats
and Whigs were the annexation of Texas and the pro
tective tariff, although the slavery question was an im
portant factor in the canvass, made such by the small
but aggressive Abolition party. The Democrats favored
the annexation of Texas, the Whigs opposed the measure.
I recall that the national flag of the Democrats carried
down among the stripes a small square patch of blue with
a single star in it, symbolically representing Texas, called
the Lone Star State, struggling to get up Into the larger
blue field of the flag, with the stars there representing the
several States of our Union. At a meeting in my native
village addressed by James S. Thayer, who was afterwards
a shining light in the Democratic party, he represented
the Democratic party as a ship at sea on a dark, tempes
tuous night, just ready to founder, with only one lone star
by which to guide its course. I recall in the same canvass
a speech of Senator Truman Smith, of Connecticut, on the
tariff question. He dwelt upon the effect of the tariff
on the wool Industry, and had various samples of wool to
exhibit, illustrative of some of the phases of his discussion.
I have noted the circumstances of these political meetings
as indicating an early interest In political questions when
I was less than thirteen years old, and which in mature
life have engaged much of my attention.
One day my father told me he wished me to go on
horseback to a stage tavern about three miles away to get
a letter. He had an excellent habit of explaining every
thing to me, and the reason of this mission was told me.

INCIDENTS OF MY CHILDHOOD 25
It seems that after the Revolution, and for some time in
the early part of the nineteenth century, there was no, or
a very inadequate, mail service for Central and Western
New York and for the country farther west. It seemg
that when the friends at the old homes in New England
wanted to communicate with those who had gone into the
wilds of Central and Western New York, they had a novel
custom of sending letters that was almost universally
adopted. If any one was going to any part of the western
country it was so important an event that it was the town
talk. At once everybody wrote letters to his friends
and gave them to the traveller. He would carry them
as far as he was going towards the destination of the let
ters and place them in a letter-rack found in every stage-
house of those days. There they would remain until an
other traveller — any stranger — would look over the rack
and select any letters going in the direction of his journey.
If he was not going as far as the destination of the letters,
they would be again placed In the rack of the tavern for
some other stranger to give them another advance towards
their destination, until finally each letter would reach a
rack near its destination. I rode proudly to the old stage-
house to receive this last letter that ever reached my
father's house in this primitive manner. I remember
feeling impressed with the importance of the mission. I
had never been alone on horseback so far from home be
fore. I rode up to the wayside Inn, and a kindly, portly
old man In shirt sleeves came to the door and asked me
what he could do for me. I told him I had been sent by
my father for a letter. He at once took it out of the rack
and gave it to me, and I rode home, happy in the success
ful ending of the important mission. I did not then know
that I was taking part in one of the last acts in a quaint

26 INCIDENTS OF MY CHILDHOOD
system of letter-carrying that was then just vanishing
before the progress of our present splendid postal sys
tem. The very knowledge of this old system having
ever existed is being lost. I have never heard or read
of it except In this instance, and would never have
known of it except for the personal experience just
related. In November of 1844 the election was held after the
exciting canvass for the respective candidates of the Whig
and Democratic parties. Clay and Polk. My father felt
sure of Clay's election. In those days there were no tele
graph lines, and the returns were gathered slowly. No
news reached us for ten days or two weeks.
One cold, rainy afternoon, just as darkness was begin
ning to settle over the country, a tin horn sounded loud
and clear to the west of our house. All heads were at
the doors and windows, and there we saw a horseman rid
ing furiously through the mud and rain, horse and rider
covered with mud, the rider at intervals blowing his horn
and then calling out with a clear, ringing voice, " Hurrah
for Polk ! Clay is dead." No other word was spoken by
him, and soon the sound of the horn and the sickening
message vanished In the distance as the rider pressed on
eastward toward the village of Le Roy. We heard no
more election returns for many days, but when they did
come by the newspapers they confirmed the wild horse
man's message. The railroad had brought some advance
news to Batavia, ten miles away, and the horseman, no
doubt an enthusiastic Democrat, took that method to pro
claim the same to the country between Batavia and Le
Roy. My father accepted the strange, weird proclamation
as a true account of the result of the election; and if a
sudden death had occurred In the family there could not

INCIDENTS OF MY CHILDHOOD 27
have been more solemn, subdued silence in it, which con
tinued for several days.
It is hard to realize in these modern times, when the
result of an election held all over this great country Is
practically known by midnight in every hamlet blessed
with a telegraph office, that only fifty-seven years since
such limited means of communication existed here.

CHAPTER IV

LIFE OUTSIDE OF SCHOOLS

There was more outside of schools that developed my
character than there was in the schools. My father was
a man of fine intellectual capacity and of as good attain
ments as could reasonably be expected under the circum
stances of his life. He was born in 1783, the year peace
was declared after the American Revolution. His father
and four of his brothers had been soldiers in the armies of
the patriots. Extreme poverty and privation was his por
tion in early life. He managed to acquire the rudiments
of an education. He was a great reader, and kept well
posted upon the events of the times. He took an active
part In all matters of religion, education, and politics. All
these matters were subjects of conversation in the family,
and my ears were alert to take in all the views expressed.
The conversations in the family made a deep and lasting
impression on my mind and made me eager to know more
of the subjects. I recall his great interest in the inven
tion of the electric telegraph. He would read the reports
of the Patent Office on this invention and discuss the great
results likely to come from It. If my memory is not at
fault, a Mr. Evans, of Indiana, was commissioner of pat
ents. I remember well when the first message was sent
from Baltimore to Washington. My father was as much
elated as If It had been an achievement of his own. This
was when Polk was nominated for the presidency In 1844.
I was then a little over twelve years of age.

LIFE OUTSIDE OF SCHOOLS 89
When railroads were first constructed the trains ran
ou a thin strap-raU spiked on a longitudinal stringer. I
recall well when the first " T " rail was talked about. I
became interested in the shape and form of rails and
manner of fastening them, and have watched to this day
the development of the form and character of rails with
unabated interest. I can recall no circumstance by which
I can fix the date when the " T " rail began to be talked
about, but I do recall that when I was a child it was the
subject of conversation In a company of the best people
of the town in my father's house. I can recall the names
and faces of some who were present. I took no part in
the conversation, and I don't suppose any of the company
thought of me as appreciating what they were talking
about, but I did listen with eager interest. I could relate
many other similar instances, among them the discussions,
I think, over the renewal of the Woodward patent of the
machine for planing boards with revolving knives. I had
never seen the machine, but from descriptions it seemed
to me a great improvement over the hand jack-plane I
had seen used. Trivial matters these, but important aa
showing how a child's mind may be impressed by conver
sation he hears. The story of how a child's mind has
grown is of no value unless he puts down faithfully the
things he thought about, what he read, and what he did.
I suppose I was rather a precocious reader on political
questions. My father's position was such that he was
flooded with speeches and documents from Washington.
I doubt whether a speech ever came into the house that I
did not read with eager interest. I recall the speeches of
Clay, Webster, Calhoun, Bell of Tennessee, Smith of
Connecticut, and many others. In his canvass for the presi
dency in 1844 Clay had delivered a speech in a town in

30 LIFE OUTSIDE OF SCHOOLS
Illinois, the name of which I have forgotten. At the close
of his speech, in which he had spoken against slavery, a
Mr. Mendenhall, who was an Abolitionist, asked him why
he did not emancipate his own slaves. Mr. Clay replied
in what my elders called a masterly speech, in which he
showed that It was perfectly consistent for him to oppose
the extension of slavery and yet, having inherited his
slaves, and considering their various ages, some very old,
some young, all unfitted to be then turned out to care for
themselves, be almost compelled to live in it, and with it,
for a further time at least. I do not recall that I read
this speech, but I do recall that my uncle read It aloud,
and he and my father discussed it with great earnestness.
In those days I did not discuss political questions; I only
listened to discussions with eager interest. For many
years I kept all the great speeches delivered in Congress
in a box, to be read over and consulted. When I grew to
manhood it was a trouble to take care of them, and I
destroyed them, an act of vandalism I have regretted many
times since.
I have before spoken of my love for mathematics. It
was not a love for it; it was a passion. I doubt if any devo
tee of novel-reading ever read novels with one-half the
interest and delight with which I studied mathematics
without teachers, and with no other stimulus than mental
delight. As new channels in the science opened before
me, I purchased the entire list of text-books then In use
at West Point. It seemed to me that the course at West
Point was the best guide for me to adopt In that line of
study. In my school days I had finished trigonometry,
but I followed up this line of study with unabated zeal at
home. I was doing a man's work on the farm, although
not more than fifteen years of age. I pursued my studies

LIFE OUTSIDE OP SCHOOLS 31
at night and at all odd times. My father had a very com
plete establishment for making maple sugar each spring.
The sap was boiled In a house that was a very comfortable
place to stay in. There was little to do all day except to
tend the fire ; and I always used to take my books to the
woods and spend all day there In study. I recall one day,
while studying the calculus, on one page encountering a
few lines of reasoning I could not comprehend. If I as
sumed the truth of those few lines I could go on for pages.
All was clear before those lines were reached, and all was
clear after that, but the few lines eluded my comprehen
sion. I spent nearly the whole day over those few lines.
At last, about four or five o'clock in the afternoon, I solved
the difficulty. I closed the book in a high state of nervous
excitement, and went out of doors, whistled, shouted,
kicked barrels, and acted generally like a lunatic, all alone
in the woods. I was wild with delight that I had solved
the difficulty. The mental joy was something indescriba
ble, and I could not think of looking Into my book again
that day. I had never met anything in mathematics that
I could not solve alone, and had begun to fear I would
have to acknowledge defeat. I had considerable reputa
tion as a mathematician In that portion of the country, and
for years It was a common practice for the seminaries and
higher schools to send me any problems they could not
solve, or any that they thought would tax my ability, and
I never saw one I could not work out and return a detailed
statement of my solution. I have often thought, and still
think, that the mental discipline derived from this study
was the principal factor In developing such mental vigor
as I possess in other lines of study and investigation.

CHAPTER V
HABITS OF BEADING
I think the environments of my early life were particu
larly fortunate to stimulate in me a desire for reading.
I lived under the influence of my family and my native
town. In the village there was a female seminary of na
tional reputation. It was in those days known as the
Ingham Seminary, kept by three sisters of that name. Its
patrons came from all over the United States. Very many
young ladles were educated there from the Southern States
and from New York City and other cities of this country.
All over this land there are now undoubtedly many mature
women who were educated there. I had two sisters edu
cated there. Many of the girls and teachers were visitors
at my father's house, and once a year, for many years, the
faculty and graduating class were entertained at my
father's house.
The subject of education was freely discussed before
me, and my mind was stimulated by the trend of ideas
that were constantly being presented.
The effect of such an institution in a town is to attract
cultivated people there, and I think I am justified in say
ing that the village of Le Roy contained many persons of
considerable cultivation and refinement. I regard the
subtle, indefinable infiuence of such surroundings as of
the greatest value to me in stimulating my energies to
acquire knowledge. I soon acquired a taste for reading.

HABITS OF READING S3
The natural sciences and philosophy were very attractive
to me. Literature, history, and poetry received a great
share of my attention. There are few of the English and
American poets that I did not read. I have noticed a
change In my tastes as to poetry. As the hard battle of
life came on at about the age of twenty-five, my love of
poetry seemed to wane — my mind seems to have hardened,
80 to speak — so that now, and for many years past, I have
had no taste for such reading. I only recall poetry as one
recalls strains of music heard long ago.
Geology was a very fascinating subject for me. I
watched with interest the publication of each new book
as it came out, and read It with absorbing interest.
Not to mention others, I cannot help referring to the
great Scotchman, Hugh Miller. I had become so Inter
ested in his works that I had come to regard him as a
personal friend. I remember well the shock it was to me
when I heard of his sad death, just after he finished his
last great work, but before it had left the printer's hands.
My habit of reading was always to have a book at hand
at every spare moment when not at work on the farm or
asleep. In the field, when ploughing, I would have with
me a book for reading when the team was resting. I re
call on one occasion, when reading an edition of Eng
lish translations of Greek literature, I became so excited
in the subject of my reading that I mounted a stump,
and, looking around to be sure no human being was in
sight, I delivered my first stump speech to an imaginary
audience. I am afraid I was not strictly honest with my mother.
On many occasions she would call to me in my room
to put out my light, pleading that I would injure my
health sitting up reading 8od^te>- and I would promise her
8

34 HABITS OP READING
to put out my light immediately, and would faithfully do
so, but when the house was still I would again light up
and resume reading.
Very many years ago — ^I do not know just when, nor
can I now tell why — ^I imposed upon myself the rule of
reading not less than ten pages of substantial reading
matter each day. This did not include newspapers, maga
zines, or novels, nor any reading In my legal profession.
This amount of substantial reading a day might extend
to fifty or one hundred and fifty, but a minimum of ten
I have exacted of myself with rare exceptions to this day.
That means 3,650 pages each year, and 36,500 in ten
years, or over 100,000 pages In thirty years. If a person
was confronted with the undertaking of reading 100,000
pages he would shrink from It, and yet It is an easy and
pleasurable task if one has system and persistence.
In the days of my early manhood, before I was twenty
years of age, the practice of having courses of lectures
given by distinguished lecturers was in high favor. The
practice does not prevail now as it did fifty years ago.
Judging by the effect of these lectures upon me, I can but
think it unfortunate they are almost given up. I recall
such lecturers as Agasslz, Horace Mann, President Ander
son, and many others who interested me mightily. I do
not think the amount of real knowledge they gave me was
very great, but they were skilful guides to conduct me to
jthe high peaks of knowledge and point out the field to ex
plore. Under their inspiring influence I was stimulated
to press my inquiries into these new fields of knowledge
so alluringly presented by them.

CHAPTER VI
PLANS OF LIFE FORMING
My life up to about twenty years of age was in an ex
ceedingly narrow circle. I worked on the farm, doing all
kinds of hard work usual to that calling, but kept per
sistently at my books. When I was about fifteen years
of age the Rev. Dr. Muttoon came to my native village
as pastor of the Presbyterian church. He was a broad-
minded, genial man, and soon we became great friends.
He was fond of fishing and hunting, and we followed the
streams and roamed the woods of that country many a day
for fish and game. I believe his Influence upon me was
one of the most important and valuable factors of my
education. I can recall now the many occasions when,
alone in the woods and sitting on logs or stumps to rest,
with our guns leaning against trees, we would discuss some
new book or some interesting subject until we had rested
enough to resume our hunt. Delightful days, full of pre
cious memories. Most Important days In my mental de
velopment as I now estimate them.
In my early life I never took a long journey to see or
know anything of the world from actual contact with it.
I was over eighteen years of age when I took my first ride
on a railway train. I lived in my narrow circle, and read
and dreamed of all beyond. Gradually a belief grew in
my mind that there was something in me that pointed to
a career other than that of a farmer. My fondness for

36 PLANS OP LIFE FORMING
mathematics led me tp adopt engineering. I purchased
numerous books on engineering, outside of the line of
pure mathematics, and studied them with great avidity.
Finally I applied to a Mr. Miller, who had been the engi
neer in charge of what is now one of the branches of the
Erie Railroad, to give me employment. This was about
1852. He engaged me to go with him as assistant to lay
out a new road in Tennessee. I purchased my first " sole
leather " trunk and got together my outfit for that expedi
tion, full of hope and great expectations from my chosen
career. My father and a brother-in-law, the latter a law
yer and ex-judge, advised against my being an engineer,
urging a course of law study. I strongly opposed their
suggestions, for my heart was set upon my chosen calling.
The times were unpropitlous for me. The first financial
checks were beginning to be felt that finally reached a
culmination in the great panic of 18 57. It was difficult
to get capital to embark in new enterprises in those days.
The country was poor and was beginning to feel the first
symptoms of the great collapse. After weary months of
waiting I yielded to the importunities of my family and
went Into my brother-in-law's office and began the study of
law. When I began study it was with the firm resolve
that I never would practise law, but I felt that a knowl
edge of law would aid me in my chosen calling. For four
years I read law, never for one moment Intending to make
law my profession. During my law course I procured a
theodolite of moderate completeness and held myself out
as an engineer and surveyor. I soon became the recog
nized surveyor for parts of Genesee and Livingston coun
ties. I don't know whether it was my ability or the im
posing appearance of my instrument that gained me my
reputation. The farmers of that country had never seen

PLANS OP LIFE FORMING 37
such an instrument before, and by its aid I settled all
boundary claims so effectually that I never heard of a liti
gation or review of any case that I surveyed. During the
five years of my practice of law in Le Roy and for some
years after I began practice in New York City, when
home on my summer vacation, I was applied to to settle
boundary and highway questions in that country. My
moderate charges for surveying while studying law paid
all my expenses of Hving. In May, 1856, in Buffalo, I
was admitted to practise law.
It was with commendable pride that I went home to the
old farmhouse and exhibited my certificate to my father.
He examined the same with great pleasure. All through
my law studies I reasoned with myself that I would not
stop short of being admitted to practise, but that after
that I would turn to my first love, engineering. To have
stopped short of being admitted as a lawyer would have
wounded my pride, so I said to myself time and again I
will not stop short of that goal. After that no more law
for me. Being admitted, I was brought face to face with
my resolution never to practise law. What to do now was
the question, and long and eamestiy was It debated. The
financial condition of the country had grown steadily worse
and worse during all my course of law study. The chances
for an engagement as an engineer were much more re
mote than ever. I could find no chance to work In my
favorite profession. For about six months, from May to
the following autumn, I debated with myself and tried to
find some way to escape from entering upon the practice
of law. I finally effected a compromise with myself that
I would enter upon the practice of law, follow it for a few
years, win some spurs to show that I could be a lawyer,
then leave that profession and take up engineering. I do

38 PLANS OP LIFE FORMING
not think I could ever have brought myself to put out a
sign if I had then believed I was to be a lawyer all my
life, and that my favorite profession was never to be fol
lowed by me. I remember well the reluctance with which
I saw the Httle black sign with gilt letters nailed up, which_
read " E. B. Hinsdale, Attorney-at-Law." It was bright
and new, and looked well with the signs of other
lawyers in the building. I was more sorry than glad
that I had decided as I did, but the die had been
cast, and I consoled myself with the thought that two or
three years would bring me to the end of this experiment,
and then a chance would surely come for me to be an engi
neer. Having once entered upon the practice of law, I
worked with all my energies. I commenced business in
the autumn of 1856. The year of 1857 was the year of
the great failures all over the country. It naturally threw
upon lawyers a great deal of business, and there fell to
my lot about all I could attend to. I was faithful in study
ing every question presented. I remember one night,
when I had an important case to attend to the next day,
I spent all night in the office. Towards morning I piled
up law books on the table to rest my head on, and
later slept on the table. The next day I was prepared
on my law and won my case. I followed my profes
sion five years In my native village, and as I be
came more and more involved In business my interest
in the profession increased until the dream and hope of
being an engineer faded from my mind. I have often
wondered whether the reluctant decision to practise law
was a wise decision or a colossal blunder. I think my case
Is a rare one, where a man has followed a profession for
life that he was fully resolved never to follow while pre
paring for it, and determined to abandon In the first

PLANS OF LIFE FORMING 39
few years of its practice. I believe my mathematical
studies have been of the greatest value to me in my legal
studies and have served me a good purpose. On the
\vhole, it has been one of the greatest regrets of my life
that I did not adhere to the clear trend of my mind.
It seems to me that In the field of the great material
advance that has been going on in this country for the
last forty years, I should have found employment as an
engineer more congenial to my tastes than I have found
the legal profession.

CHAPTER Vn
FIVE TEAES OF COUNTET FKACTICE
The life of a young country lawyer is one of peculiar
interest. He is obliged to deal with every imaginable
question that comes up. There are some, not many, im
portant litigations. There are many litigations of minor
importance as these things are estimated in large cities,
but these litigations are of great importance In rural com
munities. The young lawyer must take part in the poH-
tlcs of the country if he hopes to have any standing there.
AU social questions and educational matters must receive
a share of his attention. If he is so inclined, he finds a
field for his activity in the religious movements of his
community. It was my good fortune to be retained on
one side of nearly all the most important litigations of my
native town. There were but few such cases in my five
years of practice, and I had time to study them most ex
haustively, and I think I can fairly claim to have been
thorough In my preparation in each case. I remember a
feeling that if I studied long enough I ought to bring
every question of law to a mathematical certainty. My
mind had been so trained to seek a solution of a question
that could not be assailed that it seemed to me there must
be some ultimate certain knowledge down in the depth of
the law that my mind could safely rest upon as unassail
able. At last It dawned upon me that the law is not an
exact science. The Infirmity of language, and the ever-

FIVE YEARS OP COUNTRY PRACTICE 41
changing events and circumstances of life and business,
render it impossible for the human mind to put in words
rules specific enough and broad enough to meet aU the
conditions that are constantly arising In this complex life
of ours. It was not easy for me to get my mind out of
the field of absolute certainty of mathematics into the field
of only high probability, which is about as far as any
lawyer can go. The struggle did me good and laid the
foundation for such success as attended me in after life.
Among my experiences In the country, I am often
amused to reflect upon a " horse trade case " before a
country justice of the peace. It was generally a charge
of cheating as to age or soundness of the horse. It Is not
easy to account for the widespread interest In such an
action. The farmers and idlers would always gather in
great numbers and listen with Interest to the progress of
the suit. The justice of the peace evidently felt that it
was an important event In his official career. To the
young lawyer It was to win fame If he succeeded. The
" horse doctor," who was generally a keen, wary feUow,
was a witness on each side, and the skill shown by the
young lawyer in handling him on a cross-examination
would fix his rank as a lawyer In the estimation of the
crowd of idlers. These suits would often last all day and
long into the evening. Feeling would run high, and the
encounter would long be a subject of conversation and
criticism. I Imagine this State has many lawyers who
have held high rank in forensic debate or adorned the
bench with learning and skill, and who can recall the time
when they first tried their powers as lawyers on a country
" horse case." In fact I have heard the expression that to
try a " horse case " Is an essential part of a lawyer's educa
tion in the country.

43 FIVE YEARS OF COUNTRY PRACTICE
In 1853 or 1854, while I was a law student, the Repub
lican party was organized in Genesee County. I volun
teered to canvass two towns of the county for names for
a call to a mass meeting to be held at Batavia, the county
seat. I drove from house to house and explained the
object of the movement. The meeting was held, and was
addressed by John P. Hale, of New Hampshire. Reso
lutions were passed forming a county committee, and the
party was launched for that county. I imagine I am
among the few survivors who took an active part in the
organization of the Republican party. Many survive who
joined it when organized.
I took an active part in the poHtlcs of my country. No
one who did not live through the intensely interesting and
exciting period from 1850 to 1860 that preceded the rebel
lion can realize the universal interest In political ques
tions. The feeling that the government was being under
mined in the interest of slavery wrought up sentiment to
a high pitch. All wanted to keep within the Constitution,
and yet it seemed impossible to beat back the aggressions
of slavery or meet the subtle argument put forward to
support the institution. The editor of the local paper in
my town sometimes would go out of town and leave me
to edit his paper, and often asked me to write for it when
he was in town. I have preserved but one of those early
efforts at newspaper writing. I chanced to find it with
some old papers a few years ago and kept it. I have
inserted the article as one of my papers in this volume
to show the trend of my feelings at that time. It is en
titled " Northern Interference with Slavery," published
in the " Le Roy Gazette," May 27, 1857.
In 1860 the last great political contest came on between
the North and South before the clash of arms. Western

FIVE YEARS OP COUNTRY PRACTICE 43
New York was intensely in favor of William H. Seward
as the candidate of the Republican party. When the news
reached us that Lincoln had been nominated at Chicago,
the first feeling was that of Intense sorrow and disappoint
ment. I was on my way to Buffalo, and had gotten as
far as Batavia when the news reached me. I turned my
face to the window so that passengers should not see my
tears. I felt that the cause was lost, as I did not think
that Lincoln could carry the State of New York. I found
that almost all Republicans with whom I talked felt as I
did. It took some weeks to get over the stunning blow
to our hopes. Our favorite had been beaten and our great
cause lost. We had a very high estimate of Mr. Lincoln,
but doubted his ability to lead his party to success at that
time and to deal with the great issues then before us.
After the sorrow and disappointment had worn off, we
gave Mr. Lincoln a loyal, hearty support. I was made
chairman of the Genesee County Central Committee and
took charge of the canvass for that county. I spent prac
tically all my time for three months before the election In
working for the success of the ticket. The county gave
over five hundred more majority for Lincoln than was
estimated by the State Committee. I was the youngest
man that had ever held that position in the county, and
the State Committee, during the canvass and after the
results, expressed great satisfaction with my work. Be
fore the canvass closed we all became most enthusiastic
supporters of Lincoln.
In 1859 I was a candidate for county judge of Genesee
County. In the convention to nominate the candidate I
was defeated by one vote, and that vote came from my na
tive town. The delegate had been elected upon the distinct
issue of my candidacy. Various explanations were given

44 FIVE YEARS OP COUNTRY PRACTICE
at the time for this treachery. The most charitable one
for me to give now, although I did not hear of it at the
time, is that he doubted my fitness for the place. It was
a great disappointment to me. At that time in that county
a nomination by the Republicans was equivalent to an
election. I have often speculated as to what would have
been my career had I been elected a county judge at that
early age. My present belief is that my defeat was one
of the fortunate events of my life. I did not know it then,
but I was graduaUy coming to the parting of the ways,
when I should remove to New York City. My professional
career in my native county was brief, but long enough
to gain much valuable experience. It was successful as
county practice goes, but the opportunities were limited,
as well as the emoluments. I began to think about an
other field of endeavor. I vacillated between New York
and Chicago, and finally. In 1861, determined to try New
York. Before closing the story of my country life I should
state that for many years I was secretary of the Young
Men's Christian Association of Le Roy. This work began
about the time I began the study of law.
Among the things we did was to have yearly a most
excellent course of lectures. I took great interest in this
course, and corresponded with most of the great lecturers
of that period. We secured the services of such men as
Horace Mann, Wendell Phillips, Elihu Burritt, Dr. Lord,
Mr. Beecher, Dr. Mllborn, Dr. Cox, and many others of
like rank. I was thrown Into personal relations with those
men, and recall to this day the many delightful conversa
tions I had with them. Elihu Burritt was a relative of
the family. His mother was a Hinsdale, cousin of my
father.

FIVE YEARS OP COUNTRY PRACTICE 45
Mr. Burritt was interested in the subject of compen
sated emancipation oi the slaves. He was engaged in a
scheme of organizing aU over the Northern States soci
eties to advocate his doctrines. He desired me to repre
sent his views in my part of the State, and I entered Into
his plans with enthusiasm. Events moved too fast for us.
We carried on a pretty vigorous correspondence for a time ;
but the war came on, and no one would think of com
pensated emancipation then. The institution was to be
wiped out in blood and combat. How much cheaper and
better it would have been if calm reason could have pre
vailed and the whole nation — North and South — could
have been brought to see that the institution was doomed
to go, either peacefully or, as it did in war, at a vastly
greater cost in money to the whole nation, with the added
horrors of war and loss of lives !

CHAPTER VIII

REMOVAL TO NEW TOEK

Having resolved to try my fortune in the great city
of New York, I was confronted with the very serious ques
tion of how to Introduce myself. I could only recall two
men in the city that I had ever met before, and they were
merchants in moderate positions who could do little for
me, even If they were so disposed. I had no money, and
the means of a livelihood was a matter of immediate im
portance. Modesty makes me hesitate in disclosing the
experiment I resorted to, but as this whole story is a con
fidential talk with family and friends, I will venture upon
a full disclofiure of my plans. No one who has not con
fronted the problem of breaking Into a learned profession
in a great city without friends or money can comprehend
the difficulty of the undertaking. I felt sure of the posi
tion I had gained in my profession in five years In the
seventh and eighth judicial districts of the State of New
York, which embrace all of Western New York. How
to avail myself of this vantage ground in the great and
unknown metropolis was the question that confronted me.
To speak of myself was Intolerable and unavailing. I
hit upon the expedient of asking each judge and business
man that I applied to to give me a letter in his own lan
guage, such as he felt justified in writing. I refused to
write a recommendation of myself for them to sign. In
some Instances the judges asked to see what some of their

REMOVAL TO NEW YORK 47
brothers had written, and I showed them the letters. The
result was a very flattering series of letters, copies of which
are printed herewith. I was very much affected and
encouraged by my conversations with this noble body of
judges, aU of whom are now dead except Noah Davis, who
was afterwards so long presiding justice of the General
Term of the Supreme Court in the city of New York.
I procured letters of introduction to a number of lawyers
in New York, and, armed with those papers, in the early
summer of 1861 I visited New York to see if I could find
an opening before closing up my country business. For
tune seemed to favor me, for I soon was Introduced to Mr.
John W. Mitchell and his son, who had a very considerable
amount of business, in which they sadly needed help.
They were not careful practitioners, and their business
had fallen Into great confusion. I entered Into an equal
partnership with them under the firm name of " Mitchells
& Hinsdale." I returned to my native town, closed up my
business, and on September 1st returned to New York and
began the practice of law. For the first six months I made
more motions In the Supreme Court to correct errors in
the practice of my partners that I found In their papers
than I have ever made In my o'wn practice of nearly forty
years. I found myself immediately with about all the
business I could attend to, some of the cases of great Im
portance and bitterly contested for years. It was upon
this foundation that my modest career as a lawyer in New
York City began. I do not propose to say much about my
experiences in New York as a lawyer; they have not been
materially different from those of thousands of other law
yers. It is probable that I have been more fortunate twice
in my life than most lawyers. When I began my country
practice it was in 1856, just before the great financial col-

48 REMOVAL TO NEW YORK
lapse of 1857, and I at once drifted Into an unusuaUy
Important practice for the country. Again, when I came
to New York I began as an equal partner in an old firm
with considerable business. I have never been a clerk
in a law office, and from the first have had a reasonably
good Supreme Court practice. I have had very little ex
perience in inferior courts, and have never had to resort
to doubtful expedients to get clients. I have never been
without considerable important business, and have often
seen the time when I wanted more. My rank as a lawyer
must be determined by the brethren of the bench and bar.
All I can say Is I have often been pitted against the ablest
men of the State In many important litigations. When I
came to New York I had no Idea of being anything but a
general practitioner. In the spring of 1862 a gentleman
asked me to go to his country place in Flushing to spend
the night. I had never heard of the place then, but he
gave me minute directions where to meet him, and I went
there to spend one night. I liked the place, and subse
quently took up my residence there. I have mentioned
this trivial incident because of Its tremendous effect upon
my whole professional career. Soon after I took up my
residence In Flushing, I drifted into some railroad litiga
tion in which I was against the railroad company. Soon
thereafter those interested In the railroad employed me.
One step led to another, the details of which would be un
interesting, but In the course of time I became counsel
for all the railroads on Long Island, a position I held for
several of the roads first, and finally for them all for
twenty-five years.
The greater part of my professional life was spent in
the service of that company ; In short, I became a corpora
tion lawyer without any original plan to be one. I did

REMOVAL TO NEW YORK 49
not know a human being on Long Island, and had no plan
or purpose to Hnk the best part of my life to the interests
of that Island. The seemingly unimportant acceptance of
an Invitation to spend one night with my friend was the
beginning of the most important part of my professional
career. How difficult It Is to distinguish at the time the
important events of life from the unimportant ! If I had
not accepted this invitation to visit, and so drifted as I
did on to Long Island, I suppose some other event would
have sent me in some other direction with a vastly different
result. When I first came to the city I was at once put in charge
of a case that had then been in progress five years. The
questions involved were the construction of a trust deed
executed about 1820 and an accounting under it. The
accounting was in progress when I went into the case.
The case had been before ex-Chancellor Kent as referee.
He died, and at the time I refer to it was pending before
ex-Judge William Mitchell as referee. This case Illus
trates one of the occasional experiences of a lawyer in
dealing with trust deeds. The Htigatlon lasted for twenty
years after I got Into It. The judges could never agree
as to the construction of the trust deeds. A success on
either side either way was sure to be reversed or mate
rially modified by a higher court. The successes were
about equaUy divided between the two sides. At last the
case came up for a trial on the merits for the third time.
The original parties to the action were all dead; others
had been substituted on each side; the witnesses were
dead; the lawyers originally in the case, except one, were
dead. The amount of property was considerable for those
days. At that stage of the legal game the conclusion was
reached that it was a proper case for a settlement — a mani-
4

50 REMOVAL TO NEW YORK
festatlon of wisdom that ought to have appealed to some
body in the first instance.
The most Important Htigatlon that I was ever connected
with was that to establish the right of the Long Island
Railroad Company to build and operate a railroad along
Atlantic Avenue for four miles, down into the heart of the
city of Brooklyn. Actions were brought in the Supreme
Court, the City Court of Brooklyn, and the United States
Court to restrain the work of the railroad company. One
of these actions was brought by the attorney-general of
the State of New York. The actions were five In number
and severely contested. The litigation lasted about ten
years, and in its various aspects came before a great nmn-
ber of judges in the three courts, including the judges of
the Court of Appeals. I had principal charge of the de
fence, and never on a motion or trial suffered one defeat.
The road is operated to-day, and has been for over twenty-
five years, exactly as I originally advised its construction
and operation.
In the summer of 1871 I formed a partnership with
Edward E. Sprague, then a young lawyer recently gradu
ated from the Harvard Law School. This partnership
lasted for about twenty-two years, under the firm name
of " Hinsdale & Sprague." I have always regarded this
partnership as fortunate for me. Mr. Sprague developed
into a lawyer of fine abilities. During the entire term we
never had one word of personal differences. I think I can
truthfully say that our relations were not only agreeable
In a business way, but there grew up a feeling of real
affection for each other that abides to this day. When
the time came that It was best to separate. It seemed like
a separation In a family.
When I was a law student there was one older lawyer

REMOVAL TO NEW YORK 51
in the office who seemed to take delight in nagging me
and saying all kinds of mean and critical things about me.
Those sayings have rankled in my mind to this day, and
I remember Avell often going home at night gnashing my
teeth with anger at some mean fling he had given me.
I don't think now that he realized how he hurt me.
It gave me a lesson I have never forgotten, and I resolved
never to inflict such pain on a young man. I have made
it a rule with all the young men about me to treat them
kindly, never to speak harshly of their faults, and the
result has been that I have had men in my employ for
terms of ten and fifteen years or longer who have been
devoted to my interest, and our relations have been most
kindly. My service has been good, and our relations have
been most agTceable.
It is a great pleasure now, in the full maturity of Hfe,
to recall the long Hst of faithful men I have had in my
service.

CHAPTER IX
PUBLIC QUESTIONS
In the course of my life I have had something to do
with important public questions. In 1863, just before
the draft riots, excitement ran high in New York City.
The Democratic papers of the " Copperhead stripe " had
most persistently declared that the conscription law of
the federal government was unconstitutional. They con
stantly proclaimed that it was an illegal act; that the
government was going to put it through in violation of
the rights of the citizens. They kept up this clamor until
the city was on the verge of the terrible riots of 1863.
Loyal men who had not examined the subject were at their
wits' end to answer the claims of the " Copperheads."
One morning one of the truest and best men I ever knew,
Frederick A. Potts, touched me on the shoulder and asked
me to tell him honestly, as a lawyer, if I thought there
was anything In the claim of the unconstitutionality of the
conscription law. I told him that I did not think there
was, but that I would look the matter up. It alarmed me
to find that the persistent false claim was being felt by
the best men In the loyal party. I at once locked myself
in my library, and spent the whole day preparing the
article printed in this volume among my papers entitled
" Constitutionality of the Conscription." About six o'clock
that evening I handed It to Mr. England, then one of the
editors on the New York " Tribune." The article ap-

PUBLIC QUESTIONS 53
peared the next morning (July 22, 1863) as an editorial
in that paper. The following morning the " World " and
the " Express " newspapers devoted columns to answering
the article.
Some years after the war I became acquainted with a
gentleman connected with the " World." I asked him
if he recalled the controversy. He said he did very well.
He expressed great surprise when I told him I wrote the
" Tribune " editorial. He said it took them all by sur
prise in the " World " office, and created great excitement
there. They had concluded that the paper must have
emanated from the State Department at Washington, and
they had at once sent for an eminent constitutional lawyer
to prepare their reply to it. Only those who lived through
those exciting days can realize how high feeling ran.
From what I heard at the time, I infer the views I pre
sented were of great service In strengthening the opinions
of loyal men and furnishing them with the data for argu
ments with the disloyal element.
Prior to 1883 the subject of new parks in the city of
New York had received a great amount of public atten
tion. The legislature had authorized the appointment
of a commission to lay out parks and parkways. Luther
R. Marsh was chairman of that commission. The com
mission had reported to the legislature plans for laying out
the Van Rensselaer Park, the Bronx Park, the Pelham Bay
Park, and other smaller parks, with the broad drives be
tween them, as those parks and driveways are now located
in the twenty-third and twenty-fourth wards of New YoA
City. In 1884 the legislature adopted the report of the
commission, and provided for proceedings to acquire the
property. At this stage of the proceedings a movement was
begun to defeat the whole scheme of park improvements.

54 PUBLIC QUESTIONS
Articles began to appear in the newspapers asking for a re
peal of the whole legislation on that subject. Mr. Grace
was then mayor of the city of New York, and he seemed
to head the opposition. So much sentiment was worked up
against the measure that a large public meeting was held
in Cooper Union, under the auspices of the mayor, to de
nounce the plan and Influence repeal legislation in Albany.
One of the great arguments used was that the constitu
tional debt limit had been reached by the city, and no bonds
could be issued by the city to pay for the Improvements ;
that if the improvements went on, the whole amount, about
$10,000,000 it was alleged, would have to be put Into the
annual tax budget. This line of argument was urged to
alarm taxpayers. Legal opinions were obtained to sus
tain this view. At this stage I was called in to examine
the question. I went to the City HaU and examined
every ordinance affecting the powers of the Sinking Fund
Commissioners, procured numerous reports from the comp
troller, and prepared the opinion on the status of the city
debt published herewith, entitled " New Parks." Thou
sands of copies of this opinion were pubHshed and circu
lated throughout the city. It seemed to allay public ap
prehension In the city, but the opponents of the parks did
not abate their efforts to secure adverse legislation at Al
bany. I was employed to present the views of the friends
of the parks before the Judiciary Committee of the Senate
and Assembly. The opponents of the parks were de
feated there. The question of the power of the city to
Issue these park bonds was again raised in the courts, and
was finally put to rest in the Court of Appeals, that court
adopting substantially my views. I have always regarded
with a great deal of satisfaction and pleasure my connec
tion with the acquisition of these parks at the critical

PUBLIC QUESTIONS 55
time when they seemed In danger. No one to-day would
think for one moment of giving them up, and future
generations will bless those men who by their foresight
and persistence secured them forever to the city. I claim
no credit for myself, except in helping to save them when
there were powerful Influences at work to defeat the grand
improvement. It Is an unusual thing to state for one who
took an active part in finally saving the parks to the city,
that I have never visited the parks or seen the driveways
since they have been acquired and Improved by the city.
I hope some time to make an excursion through them.
For several years before 1887 the subject of " land
transfer reform " in the city of New York had received
the serious consideration of lawyers and real estate men.
The old system of registration had broken down by reason
of the large extent of the city and the multitude of trans
actions to be recorded and examined. All agreed that a re
form was absolutely necessary. Mr. Dwight H. Olmsted,
a lawyer of eminence, must always have the chief credit
for working up this reform. It was through him that I
became interested in the subject. There were two meth
ods only under consideration — the details of which it does
not concern this autobiography to explain — one known aa
the block system, the other as the lot system. Almost
the entire bar of the city were interested. Mr. Olmsted
and many others, including myself, advocated the block
system. The debates and conferences were long and
earnest over the two systems. Finally the Bar Associa
tion appointed a committee of seven, of which I was chair
man, to hear arguments and report on the two systems.
We had many meetings, but could not agree. Five of the
committee voted in favor of the lot system. Mr. Herbert
B. Turner and myself agreed upon a minority report in

56 PUBLIC QUESTIONS
favor of the block system, and I wrote the report, which
forms one of my papers, entitled " Land Transfer Re
form." The advocates of the lot system had what they
called their perfected bill, said to have been chiefly pre
pared by Mr. Southmayd, an eminent lawyer of the firm
of Evarts, Southmayd & Choate. The advocates of the
block system had no complete bill that they approved at
that time. The Bar Association adopted the majority
report. The fight was then transferred to the legislature
at Albany. The friends of the lot system had their bill
before the Judiciary Committee of the Assembly, and a
hearing was set down for that bill before our bill was
prepared. I went to Albany alone to argue the question
against the lot system. After the argument on the first
day Judge Greene, one of the committee, I think from
Orange County, said to me : " Your argument seems to be
sound, but you have no bill here to represent your views."
I felt the force of what he said, and promised him I would
have a bill there at two o'clock the next day. I procured
a stenographer and went to my hotel room, and before
midnight had dictated a bill, which was typewritten the
next morning. At two o'clock the next day I presented
my bin to the committee, and continued my argument
against the lot system and in favor of the block system.
After various arguments before the Judiciary Committee
in both houses, my bill was passed by the legislature and
signed by the governor. That ended all legislation on the
lot system. This bill has been amended in some minor
details, but the principle stands to-day as the plan upon
which the vast real estate business of this great city is
transacted, so far as affected by the working of the Regis
try Office is concerned. The main battle was to get the
block system adopted and to defeat the lot system. I

PUBLIC QUESTIONS 57
think the adoption of the lot system would have been a
colossal blunder. The reasons for this opinion are fully
stated in my minority report to the Bar Association. As
I reread it after years have elapsed the reasons stated at
the time seem to me entirely sound. The present system
can go on for all time, no matter how large the city may
grow, and will never be in danger of breaking down by
reason of the magnitude of the business, as the old system
did. Soon after the assassination of President McKinley the
notorious anarchist Herr Most was arraigned in the Court
of Special Sessions. I was presiding at the time. It
was a source of regret to my associates and myself that
he had been brought before us. We were vaguely impressed
with the idea that there was no law by which he could be
convicted. To have him arraigned and dismissed as hav
ing committed no offence seemed Intolerable. On the
other hand, to convict him without legal justification would
not conform to the views of any truly patriotic citizen.
It feU to my lot to examine the law touching his case.
The question haunted me for two weeks In all my leisure
moments, and it was with no little difficulty that I finally
solved the problem to at least my own satisfaction. I
could find nothing in the law reports that would throw
even the slightest light upon the question. The public
views touching the freedom of the press were hazy, and
may be said to be firmly set against any Improper restraint
upon it. The question was to distinguish between the
article in Most's paper and the proper freedom of the
press. I finally worked the problem out to my satisfac
tion, and defined the line to be that freedom of the press
found its limit when the press advocated the commission
of a crime for the purpose of attaining a political end.

58 PUBLIC QUESTIONS
It seems to me that this Is a perfectly clear and defensible
position. The Most case will be heard on appeal very
soon. I believe that in the opinion that I wrote I blazed
the way for further legislation, and that in the end the
State legislatures, and perhaps the federal government, will
find a clear line for legislation on this extremely important
subject. If the result of my study and Investigation shall
have attained that end, it will be In accordance with my
views and reflections while writing that opinion. I give
this opinion In full In this book, as I regard it a public
question of the highest Importance and entitled to a place
here.

CHAPTER X
UNION LEAGUE CLUB
In 1875 I was elected a member of the Union League
Club. It was not then the strong organization it has since
become. After the war was ended many members thought
the purposes of its organization had been fulfiUed and that
it should disband. Others thought its life should con
tinue. When I joined the club its membership was not
full, and I was elected within a month or two after I had
been proposed as a member. For several years I took no
Interest in the club except as a social organization. The
political power for reforms did not attract much of my
attention. The offices of the club were In the hands of
older members, and I did not take part in its management.
After some years I began to take part In the debates at
the club, and in one or two cases with rather flattering
success. It was my joining this club that finally led to
a situation that induced me to write this autobiography.
The papers I prepared for the club form the major part
of my papers that I originally agreed to bind together
for my family. In the year 1886 I was elected a mem
ber of the Committee on Political Reform. No hint had
been given me that I was to be nominated, and the first
I knew of it was when I saw my name with others posted
in the official ballot. It was a complete surprise to me.
I have been continuously on that committee to this date.
Whitelaw Reid was then chairman of the committee. In

60 UNION LEAGUE CLUB
1887 there was a great discussion going on over the ques
tion of the surplus revenue accumulating In the United
States Treasury. Mr. Cleveland was then President, and
he. In common with most of the Democrats, advocated a
reduction of duties on imports. The operation of the
laws for the collection of domestic taxes, together with
the import duties, was flooding the treasury with money
that could not be paid out in the ordinary course of the
business of the government. This produced such strin
gency in the money market as to disturb business interests
very seriously. To reduce the import duties was In the
opinion of many to Imperil the manufacturing interests of
the country. The question was : Which stream of in
flowing money to the treasury should be stopped, that
from the internal revenue or that from import duties, or
should some middle ground be found? The question
came up before our committee, Mr. Reid In the chair.
After listening to the various views expressed by the other
members of the committee, I stated that I did not agree
with the opinions expressed by any one of them. This
brought a chaUenge to me for my views. I hastily went
over the ground embodied in the report adopted by the
club in April, 1888. The committee thereupon passed a
resolution referring it to me to prepare a report for them.
That evening while walking up Fifth Avenue with Mr.
Reid he said : " Hinsdale, we have passed a wide-open
resolution for you. Now is your chance to put down just
what you think." The report that I prepared was adopted
by the committee without changing a word, two members
dissenting. Mr. Roosevelt, now President of the United
States, and Mr. Knox, at one time controller of the cur
rency, were the dissenting members of the committee.
On the evening the report was adopted by the committee

UNION LEAGUE CLUB 61
Mr. Reid was late in coming to the committee meeting,
and when he did come he stated that he had been dining
with Mr. Chauncey M. Depew, and he had told him about
our proposed action. Mr. Depew was then president of
the club. Mr. Reid reported that Mr. Depew was very
much afraid we had gone too far. It was finally arranged
that I should see Mr. Depew and read the report to him.
I did so, and after hearing It read he gave it his prompt
and cordial support. In January, 1888, the report came
before the club for adoption. I presented the report, en
titled " Protective Tariff," and Mr. Roosevelt read a dis
senting report. Mr. Joseph H. Choate led the debate in
opposition. With two such vigorous men as Mr. Roose
velt and Mr. Choate in opposition, it may well be believed
that the debate was hot and lively. Mr. Reid was not
present, and it fell to my lot to represent the committee.
The report was defended by some of the ablest men In the
club. About midnight It was proposed to lay the report
on the table, with leave to the committee to caU it up at
any subsequent meeting. On behalf of the committee I
accepted that arrangement. At the April meeting It was
again called up, with a slight change In the wording of
the resolutions, and after a sharp debate was passed by a
large majority. It was manifest that the club was deter
mined to put Itself on record as in full sympathy with the
doctrine of protection to American Industries. That in
the end became the pith and point of the whole debate.
The opposition, while showing free-trade tendencies,
adroitly argued that the club should not attempt to fore
stall the action of the Republican National Convention,
soon to meet in Chicago to nominate a candidate for Presi
dent. The " Tribune " the next day referred to the mat
ter editorially as follows :

63 UNION LEAGUE CLUB
"The resolutions adopted by the Union League Club
last night embody the historical principles of our National
flnancial poHcy. The revenue for the General Govern
ment should be raised by duties on imports. Domestic
taxation for the purposes of the General Government
should be resorted to only in case of need, and discon
tinued when the need ceases. The tariff should be regu
larly and often revised, to suit the changing conditions of
trade, and to correct inequalities and injustices which are
sure to arise ; but this . revision should be so conducted
as to protect and promote American Industries. Liquor
should be heavily taxed, and the tax should be Imposed
where the liquor is drunk and its harm Is done. The op
position to all this at the Union League, proved more noisy
than numerous. Mr. Joseph H. Choate led it. He took
care to declare himself a Protectionist, but showed that
he had yet the alphabet of the tariff question to learn, by
maintaining that the policy approved in the resolutions
would drive the Government ' to raise the duties In our
present iniquitous tariff still higher, to get revenue enough
for Its ordinary expenses.' He did not seem to know that
the revenue would bp more surely and easily Increased by
lowering duties, and so doubling and trebling importations.
He concluded by likening some United States Senators,
whom he supposed by his way of thinking, to angels, and
by warning his fellow-members that fools only rushed In
where angels feared to tread. The Club thereupon
voted Mr. Choate down, and passed the resolutions by
a majority of three to one. That versatile gentleman
probably suspects, . this morning, that his glib tongue
ran away with him when it put him In the position
of calling so great a majority of his fellow-members
fools."

UNION LEAGUE CLUB 63
The report was widely discussed by the press through
out the country. The Democratic papers, with their usual
sensational horror of the evils of the liquor traffic, charged
upon the Republican party that they were in favor of free
whiskey, and they kept up this false cry during the entire
first Harrison campaign. The falsity of the charge did
not seem to phase them in the slightest degree. How
such an Inference could be drawn from the report it is not
easy to see at this date. However, " anything for a cam
paign cry " seems to be the rule with them. The truth
of a matter Is of no moment.
In the following July the Republican convention met
at Chicago and nominated Benjamin Harrison on a most
pronounced protective tariff platform, and he was elected
on that Issue. A few days after the convention adjourned
Mr. Choate met me at the club and gave my hand a most
cordial shake, and said : " You ought to be happy. You
had your own way in the club, and now again you are
vindicated in Chicago."
The influence of the report, whether much or little,
cannot now be estimated. During the canvass I met two
delegates to that convention, one from Kansas and the
other from Nebraska, who told me that the Western dele
gates would never have dared to take such high protective
tariff ground if the Union League Club had not pioneered
the way. The Western delegates, they said, would have
been afraid that the importing and commercial inter
ests of New York City would have been against the
doctrine. Mr. Whitelaw Reid, as chairman of the committee, in
his annual report to the club, dated January 10, 1889,
made the following statement:
" In January last the Committee presented to the Club'

64 UNION LEAGUE CLUB
a report concerning the continuance of war taxation for
twenty years after the war, and the dangers from the con
sequent surplus in the Treasury. The resolution accom
panying the report was the subject of warm discussion in
the Club, and was finally laid upon the table to be called
up again by the Club after due notice. In April it was
so called up at an unusually full meeting, with modifica
tions proposed by the Committee, and after protracted dis
cussion, was adopted by a large majority. The opinion
thus formulated by the Club was practically accepted a
few months later by the National Republican Convention,
and incorporated into the platform on which the Presi
dential victory of 1888 was won."
It is fair to state that since the debate of that evening
at the club both Mr. Roosevelt and Mr. Choate have in aU
their utterances, so far as I have seen them, been in full
accord with their party on the question of promoting home
industries. Perhaps they were not fully understood in
that debate. There is no fast and unchangeable rule
about tariff In the mind of sound protectionists. The doc
trine is flexible, and tariffs should be changed from time
to time to meet new conditions. The one unchangeable
rule is to so adjust tariffs as to promote home industries
rather than to destroy them.
When Mr. Harrison was installed as President he ap
pointed Mr. Reid as minister to the republic of France.
Mr. Reid resigned his chairmanship of the Committee on
Political Reform of the club in 1889, and I was elected
chairman in his stead, a position I held until January,
1895, when I declined a further election which was ten
dered me.
I entered upon the duties of the position with enthu-

UNION LEAGUE CLUB 65
siasm and prepared a number of reports, some of which
I shall refer to in this narrative.
In November, 1889, the club adopted a report that I
prepared on the subject of licensing the liquor traffic, then
a burning question. I took strong ground for high license
of that traffic as the best practicable solution of the ques
tion. The legislature of the State subsequently passed
the present high Hcense law in substantial accord with the
report. Of this report Mr. Depew In his formal address
as president of the club said :
" To the question of the regulation of the Hquor traffic
our Committee on PoHtlcal Reform gave the closest atten
tion and the most thorough examination. Its report was
(and that became the judgment of the Club, repeatedly
affirmed) that, under conditions as they existed in the
State of New York high license is the proper solution of
the problem. The results gathered from the beneficial
experiences of other States were collated and presented
in the most forcible manner, and the argument pressed
home, that by a proper high license bill once enacted into
a law this vexed and vexing question might be removed
from poHtlcs and the saloon be no longer the dominant
factor in our State affairs. The Republican party of that
year agreed with the position taken by the Union League,
and it will be in the future one of the most interesting
studies of the political historian, whether the party having
received all the damage possible by the statement of Its
principles and platform would not, in the end, have tri
umphed in the control of our State If it had had the
courage to consistently maintain the position then taken."
In 1890 the McKinley Tariff Bill was under considera
tion in Washington, and our committee determined to
5

66 UNION LEAGUE CLUB
make a report on the subject. I prepared the report, en
titled " The McKinley Tariff, 1890." It was printed and
circulated among the members of the club. WhUe the
report was being prepared it became known that Mr.
McKinley was to be in New York. A mutual friend ar
ranged that I should have a private interview with him
to discuss the report, so as to be sure that it was in harmony
with his views. The interview was had, and we went over
the report very carefuUy. He suggested the insertion of
two words, and I agreed to his suggestion. I can never
forget that interview. I was greatly impressed by the
man. We talked over many subjects for nearly two hours
alone. Never after that interview had I a moment's doubt
as to his great ablHtles or devotion to the best interests of
his country. Now after his tragic death I cherish those
precious moments with him as among my most deHghtful
memories. On the evening of April 29, 1891, as I entered the club,
expecting to present the report to the large meeting that
had assembled, I was handed a written request, signed by
a large number of the best men in the club, urging me
not to present the report, fearing it might compHcate mat
ters in Washington. I was astounded at the reg^uest, and,
as I now think, weakly yielded. I am so constituted that
I do not yield my convictions to any opponents, however
numerous or powerful. My resolutions strengthen on
such opposition. But to have a sudden and unexpected
slump among my friends Instantly makes me begin to
doubt my own judgment. I did not present the report.
Every man who signed the request was in full accord with
the sentiments of the report, but was afraid at that time
to go upon record. It is unfortunate that there are so
many really good people In the world who are frightened

UNION LEAGUE CLUB 67
at a shadow and who do not know that a straightforward
and aggressive statement of principles is always safe and
in the long run the winning poHcy. The report represents
my views and is entitled to a place among my papers.
On the 10th of March, 1891, the country was startled
by the report that a number of ItaHans who had been
tried and acquitted by a jury were forcibly taken out of
the jail by a mob and murdered. It is not necessary to
detail the circumstances of that crime in this paper. It
was a new and startling proposition in this country that
so-caUed " best citizens " should be engaged in such a piece
of work. On the 30th of March the club adopted the first
report that I prepared for the committee, entitled " New
Orleans Riots, First Report." This report attracted wide
attention, and was generally approved by the press.
On the 28th of April a second report was presented that
I had written for the committee. This report was unani
mously adopted by the club. The report attempted to
deal with the question of improper immigration and im
proper naturalization. The manner of Its treatment of
the subject must be judged by those who read the paper.
No paper ever issued by the club received such wide notice
or earnest discussion In the press. From the Atlantic to
the Pacific, from north to south, there was not a leading
paper that did not publish it In whole or in part, and
generally with a leading editorial on the subject. The
editorials were generally highly commendatory, with a few
discordant notes, the latter generally from the southwest.
I cannot undertake to put Into this narrative the numerous
editorial notices In this country. The reports also attracted
the attention of the English press, and I am tempted to
present some of their notices, as they did not reach Ameri
can readers. The first report was cabled to London and

68 UNION LEAGUE CLUB
published In the " London Times " on April 11, 1891.
The " Times " prefaced the article with the following
remarks :
" The Union League met last night for the purpose of
considering the lynchlngs at New Orleans. The members
of the Union League Club are essentially among the lead
ing men of New York in point of wealth, education, con
servatism and patriotic motives, and are Republican in
poHtics; and upon those rare occasions when the Club
declares Its sentiments on public questions, it may be said
to represent the best American opinions. The gathering
last night was an unusually large one, and the following
report was read and unanimously adopted."
Then follows the report.
" Black and White " of London, under date of April
16, 1891, said:
" The United States Government is in no hurry to com
ply with the demands of Italy; but it proposes to obtain
a trustworthy official statement of the nationality of the
New Orleans victims, with their ' records ' in America and
in Italy. Meanwhile, there Is a growing feeling in the
country that steps must be taken to prevent America from
becoming — in a sense different from that in which the
expression was used by Dr. Johnson — ' the last refuge for
scoundrels.' There can be no doubt that many of the
worst elements in European society find their way across
the Atlantic, and, if the evil Is not checked, it may here
after be a real danger for the Republic. The opinion of
all serious Americans on the subject has been powerfully
expressed In a report adopted by the well-known and influ
ential Union League Club."

UNION LEAGUE CLUB

li

'¦ The Hub " of London, under date of April 13, 1891^
said: " The resolutions of the New York Union League Club
on the immigration question met with a good deal of sym
pathy here. PubHc opinion Is growing up strongly in
favor of placing the whole question of foreign immigration
on a totally different basis. England is also becoming
alarmed at the importation of pauper foreigners, disorgan
izing the labor markets and throwing native workmen out
of employment. The Union League resolutions will be
used with much effect in Parliament."
The second report was discussed by a writer in the
"Nineteenth Century" of London, under date of May,
1891. Long quotations from the report were made. Two
extracts of this paper are given here. The first extract
was before taking Into the article the quotations from the
report; the second extract was after the writer had taken
into his article the greater part of the report :
" The report of the PoHtlcal Reform Union League
Club of New York on the recent lynching of Italians in
the State of Louisiana is a document worthy of the great
American Statesman who did believe that the Decalogue
and the golden rule must govern politics as well as other
human relations. The reformers deprecate the lynching
of foreigners who have been tried by jury and acquitted."
" A remarkable document this we think ; one which
recommends itself to all justice-loving, fair-dealing minds.
There is not one word In it to offend Italy, or any other
nation which hitherto has discharged its surplus popula
tion onto the hospitable shores of the United States — tares
and wheat mixed in unascertalnable proportion."

70 UNION LEAGUE CLUB
The " Daily Graphic " of London on May 14th con
tained a notice of the report, with extracts therefrom.
The " Morning Advertiser " of London, under date of
May 15, 1891, had a long article, in which it discussed the
report in detail, and most favorably.
At the January meeting of the club in 1893, at the end
of Chauncey M. Depew's seven years' service as president
of the club, he made a farewell address, in which he re
counted the achievements of the club during his presi
dency. Referring to this report he said :
" The year 1891 is also distinguished for the most ex
haustive and vigorous report upon naturalization and im
migration which is to be found in the Hterature of that
most important and exigent discussion of the day. Then,
aa always, the Union League Club was broadly American
in its ideas, at the same time that it was generously hos
pitable to those who were worthy of our hospitaHty."
It is a gratifying reflection that subsequent to this wide
discussion of the question of undesirable immigration by
the press. Congress took up the subject and passed the
present immigration laws — a great improvement on the
old laws — ^but they did not go as far as I would desire.
In the faU elections of the State of New York, after a
heated contest, the RepubHcans elected a clear majority
of the senators, and the Democrats a decisive majority of
the members of the Assembly. David B. HIU was then
governor of the State. When it began to appear that
Governor Hill was plotting to reverse the wiU of the
people of the State of New York and change a RepubHcan
Senate into a Democratic Senate excitement was at fever
heat. The press had given the events as they came out,
but the events were so complicated that few men could

UNION LEAGUE CLUB 71
carry them in their consecutive order and understand just
how the act was consummated. One day, on my way to
Albany, I called upon Mr. Depew, then president of the
club, and the subject of the steal came up. He asked me
how it was done, and frankly stated that he could not
understand it in all its parts. After some talk he asked
me to look it up and make a report on it to the club. I
was to spend several days in Albany, and with this hint
in mind while I was there I spent aU my leisure hours
in the newspaper offices poring over the files, and with
the aid of the data thus gathered I put together the story
of the great crime in the form of a report to the club,
which was adopted unanimously by the members. I be
lieve this was the first consecutive account of the matter
ever published. It does not concern this narrative to state
the story over again. The report speaks for itself, and Is
entitled here " Governor David B. Hill's Steal of the Sen
ate of the State of New York." Governor Hill's cunning
plans all came to naught. He was " hoist on his own pe
tard." The principal actors with him were all punished by
the courts. Obscurity has been the lot of such of them as
are living. Governor Hill, notwithstanding his great abU-:
ity, is under a cloud from which it is not probable he will
ever emerge. It would be a curious and interesting story
to tell how he lost to his party the State Constitutional
Convention the following year, and how that convention
put into the constitution provisions that for twenty years
would hold in check so unscrupulous a politician as Gover
nor HiU. The morning after the club adopted the report
the " New York Tribune " of March 11, 1892, had the
following editorial comment on it:
" The facts set forth in the elaborate report on David B.
Hill's theft of the Legislature which the Union League

78 UNION LEAGUE CLUB

Club adopted last evening are faimliar to readers of the
' Tribune.' The statement of them made by the Commit
tee on Political Reform is worthy of careful reading never
theless. All the steps in this gigantic crime are described
with clearness and force, and the authors and perpetrators
of the great steal are held up to the scorn and reprobation
which they deserve. The arch-conspirator was, of course,
David B. HIU, whom the report handles without gloves.
The thrust at those Democrats who deprecate Hill's early
convention trick, while they have nothing to say of his
high crimes and misdemeanors, is timely and well merited."
In my annual report, dated January 12, 1893, I again
pay my respects to Governor Hill. He had then just been
elected United States senator by the tainted legislature.
He has never since held a public office.
I prepared, and the committee reported, several other
reports for the club, all of which were adopted, except the
one on the annexation of the Hawaiian Islands, which was
defeated at a meeting sllmly attended. It is gratifying
to reflect that the islands have since been annexed. The
opponents of the report had too narrow views of the
progress of events.
In the winter of 1894 I prepared and submitted to the
committee of the club a proposed report entitled " Munici
pal Reform," which I have included among these papers.
No arguments or entreaties on my part would induce the
committee to adopt it. They seemed to think It too radical.
With great reluctance I was compelled to abandon it. I
thought it at the time, and still think it, one of the best
papers I ever prepared, I considered seriously the ques
tion of submitting it to the club as my minority report,
but out of deference to the views of my associates I did

UNION LEAGUE CLUB 73
not do so. There again I weakly yielded my judgment
to my associates. Timid good men again defeated me.
They did not forecast what was to foUow as clearly as I
did. In the following autumn I saw my Ideas carried out
in the canvass that elected Mayor Strong.
In the following year, 1894, the Constitutional Conven
tion of New York State amended the constitution on the
lines Indicated In my proposed report. The course of
our committee on the Charles Stewart Smith resolution,
upon which this report was prepared, was a subject of fre
quent conversation In the club by leading members. I
was asked so often why we took the course we did, and I
as chairman was prodded so much on the subject that
finally, in the autumn of 1894, I determined to clear my
skirts of all responsibility In the matter by showing my
proposed report to a few friends. I first showed it to Mr.
Appleton, who with my consent sent it to Charles Stewart
Smith. Mr. Smith returned It with the following note :
" 25 West 47th St.,
"November 16—94.
" My Dear Appleton —
" I am very much obliged both to you and Mr. Hins
dale for giving me the privilege of reading the report which
he had Intended, If other members of his Committee had
supported him, to submit to the Club. I am glad to
know that Mr. Hinsdale had the prophetic vision to see
what the year had in store, at least to some extent. None
of us could have anticipated the grand result of the 6th
of Nov. I am only sorry that the U. L. C. did not
lead in the union movement that dethroned Tammany,
because it would have been in accordance with its early

74 UNION LEAGUE CLUB
traditions and actions. It lost an opportunity which that
old fogy body the Chamber of C. seized.
" Yours truly,
" Charles Stewart Smith.
" Danl. F. Appleton, Esq."
The proposed report was then sent to the Hon. Joseph
H. Choate to read. He returned It with the following
note: " 31st Dec, 1894.
" My Dear Hinsdale —
" This Is the day to do things we have left undone
too long. I return your report which I have perused with
great pleasure. It reads Hke a prophecy in the light of
recent events. " Yours very truly,
" Joseph H. Choate.
" E. B. Hinsdale, Esq."
At the time the committee rejected my report I was
very much hurt and disappointed. It seemed to me a poor
reward, after so much labor and thought bestowed upon it,
to have it thrown aside by a body of well-meaning men
who had no perception of the trend of events at that time.
During the time of my chairmanship I prepared an ad
dress for the club to Hon. WilHam M. Evarts on the occa
sion of a reception given him by the club after his election
to the United States Senate. On the death of John Bright
I prepared a paper for the club, in which I tried to give
expression to the general feelings of that body on that
occasion. Mr. Bright's course during our Civil War had
won my highest admiration, and I wa^ glad to be called

UNION LEAGUE CLUB 75
upon to render that humble tribute to his memory. The
club adopted the paper, and caused it to be beautifuUy
engrossed in a book and transmitted to his family. Mr.
Bright's course during the war was in such marked con
trast to that of Mr. Gladstone that while the latter was
disliked and suspected, the former stood on a high pedestal
in the estimation of all loyal citizens, and they felt that
they owed him a great debt of gratitude.

CHAPTER XI

COUET OF SPECIAL SESSIONS

In the winter of 1895 the legislature abolished the old
Court of Special Sessions and created the present court,
organized on a new and untried basis. There is not an
other court Hke it in the United States. Mayor Strong
had the power of making the appointment of the justices.
Great public interest was taken in the expected appoint
ments. The press of the city published many articles on
the subject. I recall two letters, one from ex-Judge Noah
Davis and one from A. S. Hewitt, former mayor of the
city, in which each stated that it was the most Important
court in the city of New York, and urged the mayor to
give the court such justices as would have the confidence
of the pubHc. At the time, I thought the estimate of these
gentlemen as to the importance of the court very extrava
gant. After an experience of over six years in the court
my own estimate of the importance of its work for the
peace and good order of society is greatly advanced. Its
power is far-reaching, and its jurisdiction is over about
2,500,000 people. It Is practically the court of last resort
to a greater number of persons who come before it than
any court in the State. While the right of appeal exists
It is rarely availed of. In my own experience, while I
have been presiding during over six years there has been
but one appeal taken, and the judgment in that case was
affirmed unanimously by the Appellate Division of the
Supreme Court and again by the Court of Appeals.

COURT OP SPECIAL SESSIONS 77
When the subject of appointments to the court was being
considered by the public generally, my friend Joseph H.
Choate casually suggested to me that I be a candidate. I
did not take kindly to the idea, and put the suggestion
aside. Later Mr. Elihu Root urged me earnestly to take
the place, and said : " What Is the use of getting control of
the city unless we can Induce men like you to take office ? "
I finally had an interview with Mayor Strong on the sub
ject, and told him that if he saw fit to appoint me I would
accept ; but I said : " No petition shall be circulated with
my consent asking for the place, nor will I so much as turn
my finger over to get it." " Well," he replied, " won't
you at least write me a letter that you wUl accept the
appointment if I wish to make It, so that I may have some
thing to go on ? " He made me no promise, and I did not
suggest to him that I wanted one, and I knew nothing
about what he was thinking of doing unless an inference
was to be drawn from his asking for a letter. I wrote
such a letter, and so far as I know that was the only paper
he had to support him in the nomination of myseK for the
place. For a period of about two months before the ap
pointment was made I met him frequently In the club after
that interview. While we talked In a social and general
way neither of us ever by any word, hint, or suggestion
referred to the subject. I never asked anybody to interest
himself for me in the matter. It was not until the
appointment was announced to the public that I knew
anything about It. I cannot deny that I was pleased to
get the highest place on the list of justices, coming as it
did without an effort on my part to get the same. The
court consists of five members, and when I became ac
quainted with my associates I found them a body of men
honest, earnest, competent, and faithful in the discharge

78 COURT OP SPECLAL SESSIONS
of their duties. My association with them, and each of
them, has always been most agreeable. They honored me
with the position of presiding justice. If I mistake not,
the court has attained a high place in the estimate of the
pubHc. There is one feature of a criminal court the ex
istence of which I was not aware until I had experience
of it. The conception I had of a criminal court before I
went into the Court of Special Sessions was that it was a
place for harsh judgments only, that somehow it was a
cruel machine, executing the severe mandates of the crimi
nal law without much regard to the benevolent impulses
of our natures. The field for the exercise of all the bet
ter impulses of humanity by the court had not been sus
pected by me. My civil practice of a Hfetime had led me
to see rights adjusted without much sentiment. The civil
courts deal mainly with things, not with human beings
with souls and sentiments and a Hfe before them. There
is not much room for sentiment in the question whether
things properly go to one Htlgant or another. A person
in civil courts may think in a particular case that justice
or injustice has been done, but that is all there is to it in
that Hne. Not so in a criminal court. There is not much
trouble in disposing of old and hardened offenders, but
when the young, the first offenders, who had theretofore
led an honest Hfe, are found guilty, then the first question
that arises is what can be done to save them. What does
the safety of society require? Prisons are not reforma
tories; character is not built up and strengthened there.
The future of this class of offenders at once presses home
upon the conscience and judgment of the judge. Kind
ness reforms faster than severity. We have found that
the lesson of trial and conviction has been lesson enough
to the vast majority of these cases, and the court has exer-

COURT OF SPECIAL SESSIONS 79
cised its power to suspend sentence freely, and has prob
ably let a greater number of young and first offenders go
at large under a suspended sentence than has any other
court in this country. It is probably far within the Hmit
to say that we have discharged in this way more than ten
thousand such convicted persons, nearly all of whom are
leading correct Hves so far as we know. Occasionally we
get one back, and then he is dealt with severely. We
have from the first been greatly aided in the work of re
forming offenders by Mrs. Foster, known as the " Tombs
Angel." Her benevolent devotion to the criminal classes
worthy of help cannot be too highly commended. Mr.
Willard has for the last two years devoted his services to
the interest of boys, and has been of great service to the
court. When I went into the court it was with great misgivings
and doubts as to the wisdom of the step, but I have learned
to Hke the work. I do not think I am a very benevolent
person, but somehow it does warm my heart to steadUy
try to save aU I can of the young from growing up to be
hardened criminals. It seems to me to be a pretty good
and important work for this city.

CHAPTER XII

EEFLECTIONS

The reflections of a man in mature years, in good health
and spirits, still active in the affairs of life, are very dif
ferent from the reflections of a young man of twenty or
twenty-five years of age. The mature man's thoughts are
largely In the retrospective. The young man has not much
field for retrospection, but Is peering earnestly into the fu
ture to try and see what Is before him. He sees all around
him an active strife. Most of the men seem to have found
the place for them to work. He looks earnestly and
anxiously for the rift In the close line of combat into which
he can enter to do his work. Alas, how long and eagerly
do many spirited young men look and never see the place
that they are fitted to fill ! I often think there is no class
of men more to be pitied than young men, not boys, but
young men striving to get started In life's great work. If
the story of their sad thoughts and discouragements could
be told it would excite the greatest sympathy, but they are
generally endowed with hope, courage, and endurance.
They do not murmur or yield, and at last a fair measure
of success comes to substantially all who are worthy of
success. I am not among those who believe that in this
age and country a man can entirely fail If he is worthy
of success. It will generally be found that the so-called
failures ought to have failed. It will be discovered that
they lacked the grit, the perseverance, and character to

REFLECTIONS 81
win success. The battle of Hfe is no amateur perform
ance; it is real, earnest, and persistent. The measure of
success Is always uncertain, but some respectable measure
of success is within the reach of all if they strive properly
for it.
The mature man of seventy retrospects. The battle of
life is not before him but behind him — nearly finished. A
few thoughts of how he wiU finish the contest may come
to him, but no such earnest planning and striving to find
a place to work as the young man has to encounter. If
he did not find something to do years ago, he never will;
too late to think of a new career; no chance to change the
trend of Hfe; the pace has been set for him; it is a ques
tion of finish now. I have reached the age when I am
retrospecting. As memory slowly unwinds the skein of
life I see many mistakes, errors, and lost opportunities.
The one clear line I see is that as far as light has been
given me to see the right of any question I have aUied my
self with that side. I have striven to do my duty with
integrity and justice to all. I am an undoubted optimist.
It seems to me that the world and our country have made
wonderful advances since my early days. The material
advances since I can remember are simply indescribable.
It would be hackneyed for me to try to recount them ; such
advances are known to all. The intellectual and moral
condition of the world has advanced. I believe the forces
for good are more than a match for the forces for evU.
All evil forces now, if I may use such a metaphor, are
skulking, fearing all the time a blow from the forces that
make for righteousness. I believe the most important
thing now is the education and training of the young —
mentally, morally, and industrially. The churches, in so
far as they are teaching sound morals and pure reHgion
6

88 REFLECTIONS
as the rule of action in life, are doing a grand work. Id
so far as they are battHng for dogmas, creeds, forms, and
ceremonies they are doing much hurt. It is pitiful to
see so many men of giant intellects and integrity of pur
pose working and striving for things that ought to be cast
into the tombs of past scholastic learning as questions of
no importance in this age. It is hard for me, after a Hfe
time of close attention to the subject, to understand how
modem church organizations, with all that they do and
teach, have been built up out of the simple story of Christ's
life and teachings. He stated the whole subject in those
wonderful words, " Thou shalt love the Lord thy God with
all thy heart, and with all thy soul, and with all thy mind.
This is the first and great commandment. And the second
is like unto it. Thou shalt love thy neighbor as thyself.
On these two commandments hang all the law and the
Prophets." I never read these lines or hear them read
without a renewed effort to comprehend their far-reaching
and wonderful Import. The first is subjective, and defines
the frame of mind one should carry through life — :that of
reverent love for his Creator. The effect of this as a re
fining influence upon character cannot be estimated. The
second is both subjective and objective. It softens and
reflnes the character of one who tries to live up to its
requirements. The practice of its precepts by any one
reaches out in all good works to all within the spheres of
influence of such a person. The general practice of the
precept would burn out all crimes, frauds, cruelties, and
other evils, and universal peace and amity would prevail.
If in the later years of my life I have been less in-
cHned to regard creeds, dogmas, forms, and ceremonies of
as much importance as I once did. It Is because of this
passage I have quoted above. It has impressed me with

REFLECTIONS 83
the nothingness of all beliefs and creeds in comparison
with its simple teachings. It appears to me that the frame
of mind inculcated there Is about all any human being can
attain to. If I am wrong that that covers the whole
ground, I have high authority for my belief. It is aston
ishing how much of fetish and tradition has come down
to us from unknown past ages, from no one knows where,
like logs and driftwood on the seashore. They have been
polished up and worked into our modern civilization. Per
haps it is best to have them there for a time in our present
stag© of development. We are more refined about it, but
we are not far removed from Idolatry and the worship of
sticks and stones. As I understand it, religion and educa
tion are to build up character for this world. I have never
yet met the man who was quite sure of the exact nature
and environment of our future life. We all hope for a
higher and better future life, and it seems to me the best
preparation for that unknown change Is to live and act
the highest type of life attainable in this world, each one
doing his duty in his station and calling. We seem to be
placed in this Hfe in a state of mutual dependence one upon
another, interlocked and affected by those around us in a
multitude of ways. It is important that each person seea
to it that his or her influence, be the same much or little,
is always making for righteousness, justice, purity, integ
rity, industry, and all other virtues.
Education in the broadest sense Is the basis of character,
and all the future hopes of our country depend upon the
education of our children. Soon all the great affairs of
this country must be in the hands of those who are now
only children. I have lived long enough to have seen
every prominent man in this State who was active in pub
lic affairs in my early life, between Buffalo and Montauk,

84 REFLECTIONS
swept off the stage. I have witnessed the great change,
and in recalling the long list of the dead solemn thoughts
come to me as I contemplate it in my present retrospection.
To my mind the educator, the school teacher, has the most
important calling in this life. I use the word educator
in its broadest possible sense, as including all teaching,
whether by active work in that calling or by Influence or
example. I am prone to rumination and reflection. Perhaps it
is a bad habit. Perhaps I have put down here already
too many of the reflections that pass through my mind as
I sit alone in my library smoking my favorite meerschaum
pipe. New York, December 4, 1901.

REPORTS AND DOCUMENTS

NORTHERN INTERFERENCE WITH SLAVERY
Appeared in Le Boy Gazette, Wednesday, May 27, 1857
Official Paper 6/ ihe Count)/
The lengthy communication under the above heading
we insert at the request of an esteemed friend, for whom
as a man we entertain profound respect. As a politician
we entertain an equally profound dissent from his prin
ciples. We do not propose a lengthened discussion of the
whole field of the above articles to show their weakness
in logic and their falsity in fact. It would take more time
and space than would be agreeable to ourselves or to our
readers. We cannot refrain, however, from an expose of
one or two of their errors, which we think will wholly
destroy the force of their reasoning.
" Article No. 2 " labors hard to prove the inferiority of
the African race. It endeavors to show that the " capacity
of the negro is low for the arts and sciences." That " In
morals both social and political his mind is as dark as his
body." By the use of the above language It is admitted that the
negro has a " mind," that he has some " capacity for the
arts and sciences," and that he has some " morality." The
argument is simply this: Because these capabilities are
" low," therefore It is morally right to make a slave of
the negro.
The argument proceeds solely upon inferiority in quan
tity, and not difference in quality or kind of mental powers.

88 NORTHERN INTERFERENCE WITH SLAVERY
The right to hold to slavery it is not now pretended rests
upon color of skin. That ground has been abandoned by
the South in some of her late shifts. Now, if there is any
force In the above argument, it must apply to aU alike,
without regard to race or color, whether white or black.
If such a principle is applicable to a race as a whole, it
must be applicable to each individual of the race. Under
such reasoning whoever can show superiority of intel
lectual powers can show a patent from the Almighty to
hold any of his fellows who are below him in capacity as
his slave. Such new-fangled logic renders phrenology of
immense importance to the human family. If that sci
ence be true, we have only to obtain correct charts of our
heads to ascertain whether God designed us for slaves or
for freemen. It Is a gross error to suppose that tbose only
are equals In natural or personal rights who are equals in
mental and moral capabilities. This distinction we fear
is not always made In the argument of this question.
EquaHty of personal rights, in a moral point of view, has
nothing to do with equality of mental powers. The great
mass of mankind In " capacity " are by no means the peers
of our Adamses, our Jacksons, our Websers, our Hales,
and our Sewards. Still their natural and personal rights
are just as sacred and just as many as the rights of the
greatest men. It Is the glory of our country that the weak
and the low are protected In their personal rights equally
with the strong and powerful. The position of our South
ern friend is simply that " might makes right."
But, further, our esteemed friend's argument proves too
much for him. If It be true that In a moral point of view
the right to hold the blacks as slaves rests upon the in
feriority of the negroes In " mind " and " capacity," then
the converse proposition must be true also — ^that those

NORTHERN INTERFERENCE WITH SLAVERY 89
slaves who do possess minds of good natural powers they
have no moral right whatever to hold as slaves. This is
a legitimate conclusion from his position. We have a
right to ask that those mixed bloods of the South be freed
from their bondage who possess as good natural powers
as the great body of the whites. Will our friend, to be
consistent, advocate the emancipation of this class ?
It will be observed that we do not now examine that
part of the above article which touches upon the legal right
to hold slaves. As we said at the outset, we cannot now go
over the whole field.
It is a matter of great significance that in this enHght-
ened age and country so many men can be found ready
to support and defend that old and hoary crime — slavery.
Why men will call evil good and good evil, and will put
darkness for light and Hght for darkness, bitter for sweet
and sweet for bitter, is to us inexplicable. It is in vain
to appeal to the free thinkers of the North to respect this
giant wrong because of Its antiquity, and equally vain to
expect them to be awed Into silence by its colossal propor
tions. There Is a law " higher than the Blue Ridges of
Virginia " to which all human society must submit, willing
or unwilling. That law is first pure and then peaceable.
Peace before purity cannot be.
Our friend is right In saying that oppressed races who
have attained " preeminence have ever thought and fought
their owm way." Aye, In truth the slaves will think for
their freedom, and sooner or later, if need be, will fight
for it. Those Insurrections mentioned In " Article No. 1 "
tell not of Northern " emissaries " and " Incendiaries," but
point rather to the working of the slave mind, thinking
and preparing for the fight. Dreadful will be that con
test when it comes. It will cause deeper emotions than

90 NORTHERN INTERFERENCE WITH SLAVERY
" sincere regrets." There will be lamentations and weep
ing. Our Southern friends will then have to fight, not
Northern " aboHtionists," but their own " choice field
hands," their own " blacksmiths," and their. own " mechan
ics," whose bodily frames wUl be well developed for deeds
of physical prowess. We of the North would save our
brethren from so dire a ruin, but they seem determined
to engulf themselves — for they refuse to let the peo
ple go.

CONSTITUTIONALITY OF CONSCRIPTION
This cry of the unconstitutionality of the draft is so per
sistently made by Copperheads and the rebel sympathizers
that not unfrequently loyal men, and law-abiding men, are
found almost ready to bend before the clamor and haK
beHeve there is really something in the objection. We
do not propose to discuss a constitutional question before
a mob who are organized for the purposes of resistance,
nor do we expect to check the cry of a single rebel in this
city or the country who, with his Jesuitical respect for law,
clamors continually about the unconstitutionaHty of the
draft. Our purpose is to call the attention of our inteUi-
gent readers to the sections of the Constitution which em
power Congress to raise armies, and make a few sugges
tions so that they may meet this attempt of Copperheads
to create a pubHc sentiment that the general government
is going to press through an unconstitutional act. For
tunately, on this question there is no nice legal point that
may require the acumen of the judiciary to determine, as
in the legal tender question. The power is so plainly
there that none but a captious man or rebel sympa
thizer would ever think of making such an absurd
objection. Section 8 of Article I. of the Constitution is divided into
seventeen subdivisions. The 11th subdivision provides
that Congress shall have power "to raise and support
armies." The 12th subdivision gives power " to provide
and maintain a navy."

92 CONSTITUTIONALITY OP CONSCRIPTION
The 17th subdivision gives Congress power "to make
all laws which shall be necessary and proper for carrying
into execution the foregoing powers."
No power is given here to the President to raise armies,
but it is given to Congress. Congress has passed the laws
that they deem " necessary " according to subdivision 17th.
Not one word can be found in the Constitution fixing the
number of the men in either the army or the navy nor the
time of service. That is left to the representatives of the
people when assembled in Congress. It is asserted that
this power to raise armies refers only to what Is known as
the " standing army." This is a mere assumption. The
term " standing army " nowhere appears in the Constitu
tion. The standing army is but the creature of Congress,
created under the above powers. The same Congress may
make the laws which will create a standing army, a volun
teer army, and a drafted army. The words " to raise and
support armies " are the most sweeping that could by any
possiblHty have been chosen, and stand unquaHfied In their
bold and naked power. Congress only can give direction
to this power by making the laws which shall be " neces
sary and proper for carrying into execution " such power.
The 14th subdivision of the same section says that
Congress shall have power " To provide for the caUing
forth the militia to execute the laws of the Union, suppress
insurrections, and repel invasions."
There is an additional power, but It in no manner
abridges the other power above referred to. But this
section does not say the militia of the States. The word
or the idea " State " Is an interpolation. At that time it
was expected that the militia would be organized under
United States laws and would be the militia of the United
States.

CONSTITUTIONALITY OF CONSCRIPTION 93
This is evident from the next, the 15th subdivision,
which says that Congress shaU " Provide for organizing,
arming, and disciplining the nulitla." Congress never has
done this, but left the militia organizations wholly to the
States. There would be much more sense in claiming that
the general government could not caU on the " State "
militia. That having neglected to " provide for organiz
ing, arming, and disciplining the militia," there is no or
ganized militia for them to call on. The whole drift of
these provisions is to put the armed power of the land —
militia included — into the hands of the general govern
ment. After the adoption of the Constitution by our
fathers, they saw that these provisions put all mlHtary
power into the hands of the general government, and im
mediately they amended the Constitution so as to enlarge
the powers of the States, and among the amendments
they adopted Article IL, as follows : " A well-regulated
militia being necessary to the security of a free State,
the right of the people to keep and bear arms shall not be
infringed." This amendment does not deny to Congress the power to
raise and maintain armies in any maimer they may see
fit; it only secured to the States the right to have a " weU-
regulated mlHtia." If the Constitution had provided for
only a mlHtla force, to be called on by Congress, and had
declared that the several States should " arm and disci
pline " the mUitia, then this insane cry of the unconstitu
tionaHty of the conscription would have something to stand
on. Fortunately the Constitution lodged the power to
raise armies in Congress without prescribing the method,
and declares that Congress shaU make the laws necessary
to do so. All this talk about the necessity of the general
government calUng on the States for their quota is the

94 CONSTITUTIONALITY OP CONSCRIPTION
mere clap-trap of the politicians. That it is not a con
venient and proper mode of proceeding we are not arguing
now. We only say that it is not a necessary way — that
the Constitution does not require it.

NEW PARKS
THE HISTOET AND USES OF THE " SINKING FUND FOE THE

The New Parks in t'he Twenty-third and Twenty-fourth 'Wards of the
City qf New YorTc and in the Adjacent Territory of Westchester County
Chapter 522 of the Laws of 1884, adopting the new
parks, is established law, and has been since June 14, 1884.
The legislature adopted the report of the commissioners,
appointed under the Act of 1883, locating and bounding
these parks. This was done upon the fullest considera
tion; aU parties were repeatedly heard, in committee and
before the governor; all questions now raised (except in
regard to the constitutional amendment) were fully dis
cussed by the press, the commissioners, the mayor, cor
poration counsel, land owners, taxpayers, and financiers,
and thereupon it became a law. This act also devised the
legal means for their acquisition by proceedings through
the courts. The plan provided that after an appraisal
which is now In progress, the lands to be taken should be
paid for by bonds to be issued by the city of New York,
at thirty years, at 3 per cent, per annum.
A question is now raised as to the power of the city to
issue the necessary bonds by reason of the amendment of
the constitution which went Into effect January 1, 1885,
which provides that " no county containing a city of over
one hundred thousand inhabitants, or any such city shall
be allowed to hecome indebted for any purpose, or in any

96 NEW PARKS
manner to an amount which, including existing indebted
ness, shall exceed 10 per centum of the assessed valuation
of the real estate * * * as It appeared by the last
assessment," etc.
(In this discussion of the indebtedness I shall refer to
millions in round numbers for convenience' sake, omitting
generally odd amounts.)
It Is conceded that on the last reported valuation the
constitutional limit would have been reached if the in
debtedness was $117,000,000. It is in Hke manner con
ceded that there is outstanding In the hands of creditors
but $92,000,000 of bonds, and In the hands of the Com
missioners of the Sinking Fund uncancelled bonds to the
amount of $34,000,000, which have been paid with the
city's money.
If these last bonds are to be counted as a part of the
debt of the city, then the city owes $126,000,000— and
has now a debt of $9,000,000 In excess of the constitutional
limit. If these uncancelled bonds in the hands of the
commissioners are not to be taken as a part of the debt,
then the city may issue at once $25,000,000 more bonds
before the full limit of 10 per cent. Is reached.
I have examined the city ordinances since the founda
tion of the present financial system creating the Board of
Sinking Fund Commissioners, and all the laws and author
ities that I can find, or that have been referred to by the
supporters of the theory that our debt is $126,000,000, and
am clearly of the opinion that there is no foundation for
the claim that the city is in debt, whether In fact, or by
way of pledge, in any sum exceeding $92,000,000.
It is due to the importance of this question that I should
state briefly the reasons that have brought me to this
conclusion.

NEW PARKS 97
To understand the working of any sinking fund it is
necessary to examine the contracts, resolutions, ordinances,
or legislative acts, as the case may be, that He at the foun
dation of each particular scheme. There is no general
rule applicable to all sinking fund schemes alike, except
the one general rule that the funds In each case must be
appHed in accordance with the contract, resolution, or
dinances, or legislative acts governing each individual case.
A mode of marshalling funds that would be proper in one
case would not be proper in another; hence the necessity
of examining the foundation of the New York City sinking
fund scheme.
On June 8, 1812, the legislature passed the first act, au
thorizing a city debt of $900,000. By the ninth section It
was provided : " That the faith of the said mayor, alder
men, and commonalty of the city of New York shall be
pledged for the final redemption and payment of the stock
which shall or may be created pursuant to the provisions
of this Act; and that all and singular the revenues of the
mayor, aldermen, and commonalty shall be and they are
hereby appropriated and pledged for the payment of the
Interest which shall become due on the said stock, and
shall continue so pledged until the final redemption of the
said stock."
It will be seen that here Is a pledge of the revenues to
two purposes : first, the payment of the interest ; second,
the " final redemption " of the stock.
At that early day the mere pledge of the corporation to
devote the revenues of the city to the above purposes did
not satisfy creditors and sustain the credit of the city
stocks. After a trial of one year, and on the 13th of
August, 1813, the corporation of New York passed the first
ordinance establishing a Board of Sinking Fund Commls-
7

98 NEW PARKS
sioners and declaring their duties and functions. The
ordinance recited " that it was highly desirable to establish
a fund, out of which purchases of the New York City's
stock may be made from time to time, whenever the same
can be done at par or the true value thereof; whereby
the said stock will be prevented from depreciating, and
the redemption of the same will be regularly progressing."
Therefore it was ordained : " That all moneys heretofore)
received, and hereafter to be received, for commutation of
quit rents on grants issued prior to the year 1804; all quit
rents arising from such grants as shall not be commuted;
and all moneys heretofore received and hereafter to be
received for licenses to pawnbrokers and dealers in the
purchase or sale of second-hand furniture, metals, or
clothes; for hackney coach licenses, and for street vaults,
all market fees and market rents; 25 per cent, on
all sales of real estate belonging to the corporation, and
hereafter to be sold — and all such other sources of revenue
or sums of money as the said corporation shall hereafter
think proper to appropriate for that purpose, shall be and
hereby are firmly pledged, appropriated, and appHed to,
and shall constitute and form the fund for the purpose
aforesaid, until the redemption of the whole of such stock."
By the second section, the mayor, recorder, comptroller,
and treasurer of the city, with the chairman of the Finance
Committee for the time being, were constituted a board
to discharge the trust and duties imposed by the ordinances,
to be denominated " The Commissioners of the Sinking
Fund for the Redemption of the New York City Stock."
In this ordinance we find the foundation upon which
the whole structure of the present financial system of New
York stands to-day. It contemplates, first, securing to
the creditors that the pledged revenues shall go to a

NEW PARKS 99
" board " to discharge the trust; second, It designates the
twofold character of the trust — ^vlz., to pay the interest
as It accrues, and to purchase stock from " time to time "
so that " the redemption of the same will be regularly
progressing." Other ordinances and laws have since been passed, but
none that change the scheme or plan here laid down.
Purchases of stocks or bonds of the city are not invest
ments of the funds of the city, but are an application of
those funds to the " regular " and " progressive " redemp
tion of the city's debt. A city bond once In the hands of
the Sinking Fund Commissioners is from that moment a
redeemed bond, redeemed with the city's revenues pledged
for that purpose, and placed in the commissioners' hands
to be so applied.
Various other loans were authorized between 1812 and
1S44, all upon the same plan as the loan of 1812, pledging
the same revenues, and other revenues, but In each case
preserving the priority of lien of the respective loans.
The principal debt authorized during that time was the
Croton water loan of 1834 for $2,500,000. The demands
upon the sinking fund increased from time to time as the
debt of the city increased, and to meet such demands other
pledges of revenue were made to the sinking fund. Among
the methods adopted to increase the " sinking fund " was
a pledge of the Interest on the redeemed bonds held by
them. The system of pledging interest to accrue on the
redeemed bonds took form in the foUowing ordinance :
" The city stock which shall be purchased by the com
missioners shall not be cancelled by them until the final
redemption of the said stock, and all interest accraing
thereon shall be regularly carried to the said sinking fund,
for the city debt." (Ordinance of 1859, Chap. 9, § 12.)

100 NEW PARKS
It will be observed that the principal of these redeemed
bonds is not pledged for any purpose whatever. They
are left uncancelled so that the accruing interest may
form the measure of an additional stream of revenue to
the fund for the " redemption of the city debt." There
Is no suggestion of a pledge of the principal of these
redeemed bonds for any purpose. Although redeemed
and paid, they are to remain uncancelled, so that the ac
cruing interest may measure a fund to be applied to the
redemption of other bonds.
The suggestion that " they shall not be cancelled "
shows the utter worthlessness of the bonds after their
redemption. If they had any value, It is strange that the
Common Council should have felt called upon to pass a
solemn ordinance forbidding the cancellation of good secu
rities that were held in pledge. As well pass an ordinance
directing the commissioners not to burn bank bills belong
ing to the city. They are only held uncancelled by virtue
of the ordinance.
The argument that as soon as a city bond passes Into
the hands of the Sinking Fund Commissioners It Is ipso
facto from that moment redeemed, Is further confirmed
when we consider that as far back as 1844 the revenues
of the sinking fund were divided Into two parts : one part
was devoted to the payment of the interest, and the other
to the redemption of the city debt. This division Is kept
up to the present day. Two accounts are kept by the
comptroller; one entitled " revenues of the sinking fund
for the redemption of the city debt." The revenues In
this account from twenty-five different sources, reported in
1883, were over $7,000,000. The other account Is en
titled " revenues of the sinking fund for the payment
of Interest on the city debt." The revenue In this account

NEW PARKS 101
was in 1883 derived from eleven sources and amounted
to over $2,436,000.
The revenues for the redemption of the city debt are
increasing at the rate of more than $500,000 per annum,
so that if past experience Is a guide we shall soon have
a redemption fund of $10,000,000 each year.
Can It be contended that a debt Is any the less redeemed
and paid because paid out of the cash revenues of the city
in advance of the due day printed on the bonds ?
Some very absurd conclusions result from holding that
a bond paid for out of the revenues of the city devoted
to the redemption of the city debt Is not redeemed, but
Is still a debt of the city. The holders of this theory tell us
that the net debt is $92,000,000, but the real debt within
the meaning of the constitution is $126,000,000, because
the Sinking Fund Commissioners hold $34,000,000 of
Uncancelled bonds. Very well, suppose the city collects
In a day $92,000,000, and pays all the bonds not In
the hands of the Sinking Fund Commissioners. Will
the city then owe $34,000,000, when no human being
can for any purpose whatever collect one cent of the
$34,000,000 ? How, then, can the city be in debt within
the meaning of the constitution $126,000,000 and yet be
able to get out of debt by paying $92,000,000 ? But, again,
suppose the Sinking Fund Commissioners within the next
ten years, with Its magnificent revenues, are able to In
crease their holding of uncancelled bonds, so as to absorb
all the bonds, and they shall be able to show In possession
$126,000,000, instead of $34,000,000 as at present, and
suppose there are no other bonds outstanding, will the
city be In this anomalous position, that it will not owe a
bond to any creditor, and yet by reason of these redeemed
bonds being uncancelled in the commissioners' hands, still

103 NEW PARKS
be In debt $126,000,000 within the intent of the consti
tution ?
The fallacy in the reasoning of those who contend that
the city debt is $126,000,000 consists in calHng the re
deemed but uncancelled bonds in the hands of the Sinking
Fund Commissioners " assets " or " investments." They
are neither the one nor the other. They were simply in
the hands of the commissioners evidence that the annual
resources of the city devoted to the " redemption of the
city debt " have been so appHed by the commissioners,
and that in the language of the old ordinance of 1813,
creating the Board of Sinking Fund Commissioners, the
" redemption of the same will be (has been) regularly
progressing." When the day arrives for these uncancelled bonds, by
their terms, to fall due, they expire, by their own limita
tions, without the payment of another dollar. Then, ac
cording to the theory, $34,000,000 of indebtedness is
wiped out without payment.
The argument that has been advanced, that because in
one contingency these bonds may be reissued by the com
missioners, that therefore they are not to be considered
as redeemed bonds In the commissioners' hands, is not
sound. There Is only one contingency in which they may
be reissued, but they can never be reissued so as to again
add to the volume of the debt. To illustrate, if there is
presently due, say $10,000,000 of bonds, and the revenues
of the commissioners are not sufficient to pay the $10,-
000,000, the commissioners can undoubtedly reissue from
their redeemed bonds that have a long time to run a suf
ficient amount to enable them to take up the earlier matur
ing bonds, which, when tahen up, are cancelled. By this
process no increase is made to the debt, but the day of

NEW PARKS 103
payment is postponed. The debt is the same in amount
as it was before the reissue. The particular piece of
paper caUed a bond changes its character under such cir
cumstances from a redeemed bond to a lawfully issued
bond by a new contract, and then represents a Habllity of
the city.
This is a valueless power in the hands of the commis
sioners, because the cash revenues of the sinking fund
appHcable to the redemption of the city debt for the next
twenty-five years will exceed the amount of bonds that
will mature each year during that time.
Although not strictly germane to the legal argument,
I cannot refrain from expressing my astonishment at the
soundness of the finances of the city after a somewhat care
ful examination of several reports of the comptroller made
from time to time. The net debt of the city in 1876 was
$115,000,000, the largest sum It ever reached. At the
present time it is about $92,000,000, showing a reduction
of about $23,000,000. Formerly the city paid 6 and
7 per cent. Interest; now the rate Is being gradually re
duced to 3^ or 4 per cent., as bonds bearing a high rate
of interest fall due. On the other hand, the assessed
valuation In the city for five years has increased at an
average rate of over $46,000,000 a year. Since 1876,
when the debt was the highest, the taxable values of real
estate have Increased $282,529,720. The revenues of
the sinking fund applicable to the redemption of the
public debt have risen since 1880 from $4,951,237.04 to
$7,355,064.17 in 1884. With such a fijiancial showing
there Is no reason why the city should not secure to itself
such needed advantages as Its future growth will require.
The attempt, by alarming the taxpayers, to defeat or
repeal the New Parks Act, on the ground of want of ablHty

104 NEW PARKS
In the city to pay for them by its bonds, falls to the
ground. The city will never again be greatly overburdened with
debt by Its needed improvements. Its financial condition
is so sound that its only danger can arise from corruption,
jobbery, and extravagance in the administration of its af
fairs. The people will always do well to watch the admin
istration of the affairs of the city, but need feel no alarm
at the progress of needed improvements, so long as they are
going forward honestly and economically, as the like im
provements would go forward in the hands of a private
citizen. The mayor who will give us such a business
administration would earn a lasting fame and endear him
seK to the people.

LAND TRANSFER REFORM
The undersigned, members of the Committee of the Bar
Association appointed on the 11th day of January, 1887,
to examine Into the whole subject of proposed reform of
land transfers, are unable to agree with the report made
by the majority of this committee in favor of the so-called
lot plan. As stated in the majority report, the committee
are unanimous that the block system would be a great
improvement upon the present system of land registry In
this city, and would obviate the chief difficulties that now
interfere with the easy and rapid transfer of real estate.
The committee divide upon the question as to which of
these two modes would be the more practicable and easily
administered and understood by the public. For the pur
pose of showing the grounds for the dissent of the under
signed from the report of the majority, an examination
of some of the provisions of the bill now pending before
the legislature and called the " Lot System Bill " should
be had.
In the lot system. It should be borne In mind, two things
must concur to make a record of a transfer of real estate.
The making and recording of a deed have no effect under
that system of giving notice, but, on the contrary, a deed
left In that position alone has only the effect of an unre
corded deed. We turn, therefore, to the bill to ascertain
what it is that is to give vitality and force to this usual act
of recording. By Section 6, the deed, mortgage, or other
Instrument to be recorded Is called the "chief instrument."

106 LAND TRANSFER REFORM
There Is to be affixed thereto another instrument, which Is
to be in writing, subscribed by one or more of the parties
to the chief instrument, or his or their agent or attorney,
duly acknowledged or proved, specifying the lot number
which Is intended to be conveyed. The purpose of this
secondary instrument is to specify the particular lot upon
which the chief Instrument Is to take effect by. way of con
veyance or Hen. It must be remembered, therefore, in
the discussion of this biU, that at all times, to effect legal
notice of any transaction in real estate, two instruments
are to be prepared: the first of no validity whatever for
purposes of notice, the second one to give vaHdity to the
first Instrument as notice. It becomes, therefore, of vital
importance that the second instrument shall designate with
absolute certainty the lot upon which the chief instrument
is to take effect. And here comes one of the great diffi
culties of the lot system. Confessedly, there are no cor
rect maps of the lots in the city of New York. It would
be a formidable undertaking to make a survey of every
lot; moreover, it is not easy to see how any act could be
framed authorizing any surveyor or body of surveyors to
survey and fix the boundaries of the lots so as to bind all
parties in interest. To meet this difficulty, the scheme of
lot transfer recurs to what are known as the tax maps of
the city of New York, and provides that two duplicates
of those tax maps shall be transmitted to the Register's
Office for the purpose of serving as maps of approximate
accuracy on which to designate lands conveyed or encum
bered by the chief Instrument. One of these maps is to
be devoted to conveyances, the other to mortgages, in the
Register's Office. The vital point of notice, therefore,
turns upon the accuracy of these maps. As they are con
fessedly unreliable, the bill provides that when the second

LAND TRANSFER REFORM 107
instrument is filed with the chief instrument it may desig
nate as many lots as the party may elect to designate, so
as to be sure that his designation shall certainly embrace
all the land within the metes and bounds of the chief in
strument. If, however. In the opinion of the conveyancer,
the lot described on the tax map shall coincide exactly with
the metes and bounds or description in the chief instru
ment, he may then designate but that one lot; so that
this system In Its perfection will exist only In case of a
perfect coincidence of lot with the description in the
deed. It would seem as if a person who had succeeded In get
ting once such a perfect record need never again have
further trouble in the Register's Office touching the record
of his title. An examination of the bill, however, shows
that these maps, imperfect as they are, are subject to con
stant and curious changes. Section 4 provides that when
ever the location or dimension of any lot on the tax maps
shall vary materially from the location or dimension of
such lot as actually In possession and enclosed by
walls and. fences, or a wall and fence, and such pos
session shall have existed for two years preceding the
appHcation; the owner of such lot may apply to the
Tax Commissioners to correct the tax maps. His appH
cation must be based on an affidavit and survey of a
city surveyor. Upon such application It becomes the duty
of the Tax Commissioners to examine the matter, and, K
they see fit, they may cause notice to be given to the adja
cent owner, and the Tax Commissioners shall. In their dis
cretion, make a change in the maps, so as to conform to
what they beHeve to be the actual possession and enclosure,
and make proper corrections on the tax maps. Thus It
wiU be seen that an owner who has once got, by the con-

108 LAND TRANSFER REFORM
junction of a perfect tax lot with his description in the
deed, a perfect record title for his land, is Hable to be
summoned to the Tax Commissioners' Office to defend, not
his title, but that which is of almost equal importance, the
record of his title. He may not only be summoned there
once, but he may be summoned for this purpose by every
adjoining owner. We think it would be a startling propo
sition to the holders of real estate in this city to know
that, in subsequent years, after they had secured a perfect
record title, at any time, at the Instance of any adjoining
owner, and of as many adjoining owners as they have,
they must appear at the Tax Office to see to it that no
changes shall be made In the map In the Tax Office which
shall imperil the record of their title.
But there Is a further difficulty about this notice to
owners to appear before the Tax Commissioners whenever
a change Is to be made in a map. How Is this notice to be
given ? Presumably by mail. But suppose that the owner
is out of town, and, perhaps, spending his summer vacation
in Europe. If he fail to appear or to have somebody repre
sent him the adjoining owner may effect such changes in
the map as he can induce the Tax Commissioners to make.
Thus it would seem that no owner of real estate can be
absent from the city for any considerable length of time
without designating some agent who shall stand guard over
the record of his title. But in all cases, whether the owner
is In the city or absent, it makes him trouble to go per^
Eonally to the Tax Office, or it makes him expense to
employ an attorney or agent to go there. What would be
the amount of this trouble or expense that would be put
upon a land owner we will not venture to conjecture. It
is enough that the scheme of the bill provides for some
trouble and some expense to be Incurred by every land

LAND TRANSFER REFORM 109
owner, even after he has once secured a perfect record
title. The loose and careless manner in which this bill was
drawn on this point was so apparent to the Committee of
Seven that they were unanimously of the opinion that. If
the bill were to pass, it should be amended in two particu
lars. First, that the option given to the Tax Commis
sioners to notify the adjoining owner to appear should be
taken away from them, and that that duty should be made
mandatory upon them. Secondly, that the Tax Commis
sioners should preserve a written record of any change
made by them, by an entry, fixing the date and time of
such change. That was the best result that the Com
mittee of Seven could arrive at. If the bill be treated as
amended as recommended by the Committee of Seven, the
difficulty is not overcome. It still remains true that the
land owner is subject from time to time to be summoned to
appear at the Tax Commissioners' Office, either In person
or by attorney. He may then protest against the change
as being adverse to his interest, but the change may, never
theless, take place, and the record of the change shall be
by such marks and in such words as the Tax Commission
ers may see fit to put down; and these may not be satis
factory to the land owner as in his judgment serving as a
sufficiently careful record of the change then made.
Thus It will be seen that a person may start with a per
fect record and yet be called upon from time to time to
preserve that record from change; and he may be com
pelled to witness such changes In the record as will be
entirely unsatisfactory to him and leave him in difficulty
at some future time to prove what was the exact condition
of the map at the time he recorded his deed. In this city,
where a foot of ground, or a few inches even, are of vast

110 LAND TRANSFER REFORM
importance, we should hesitate long before adopting such
a system, unless there be some overmastering reason why
It should be adopted.
Recurring again to the principle that a perfect record
only occurs when there Is absolute coincidence of descrip
tion In the chief instrument with the designation of land
on the map, it is interesting to see how this scheme pro
vides for changes and almost mutilation of maps, and also
provides Innumerable chances for mistakes. If the maps,
through incompetence, carelessness, or neglect of the per
sons having charge of them, be not kept and changed with
absolute perfection, the system falls Into confusion. By
the first section of the bill it Is provided that when new
lots are formed out of previously existing plots or lots,
entries shall be made thereon — (which we suppose means
on the map) — ^but It provides that such entries shall be
made in " different colored ink, or by a diagram or other
wise." As a specimen of loose description of the duties of an
officer, we think this would stand out without paraUel, If
It once should appear on the statute books. It is notorious
that inks change in color by time; therefore, so far as dif
ferent colored Inks are to play a part In the record of a
land title, the provision is valueless. What the framers
Intended by providing first as to ink, then as to diagram,
and then adding " or otherwise " — that is, that the change
may be made otherwise than by Ink or diagram — ^we do not
know. It certainly would be " otherwise " to use an
eraser, and, except for an amendment which is recom
mended by the Committee of Seven, we fail to see why it
Is not fairly within the provisions of this section of the bill
that an eraser might be used.
The framers of the bill evidently contemplate that a

LAND TRANSFER REFORM 111
map may become so marked up and mutilated as to be
unfit for further use, for they have provided In the same
section that when, in the judgment of the superintendent
of the Land Register, alterations and changes have been
made so as to render it (the map) unsuitable and incon
venient to continue longer In practical use for reference,
a new map may be made In place and stead of the old map,
showing the several lots contained therein, with their loca
tion, dimension, and numbering at the time being, which
is to be substituted for the old map. Here is a fine chance
for mistakes and errors to be committed. To guard against
this, the bill provides that the old map shall be preserved,
to be referred to In case of need. We submit that, as the
maps play so important a part In the record of title, such
a substitution of a new one for an old one, made at the
instance of the superintendent of the Land Register, per
haps by an incompetent person, is, to say the least, an
unsatisfactory method of preserving record title.
It will be observed that, by the fourth section of the bill,
changes are to be made from time to time on the map in
the Tax Commissioners' Office; first, upon the appHcation
of an adjoining owner, as before mentioned; but the bill
goes on to provide that nothing in this section contained
shall impair or affect the right of the Tax Commissioners
to make corrections on the tax maps without such applica
tions as aforesaid. So that the foundation maps or the
maps In the Tax Commissioners' Office are always subject
to change by those officers. By the first section of the
bill the curious scheme has been devised of having the
changes that are made from time to time on the tax maps
transferred to the Land Register Index and accompanying
maps, so as to make the latter conform to the changes In
the tax maps. All such changes, however, shall be made

113 LAND TRANSFER REFORM
to take effect as of the first day of September; but, in order
to provide time for making such changes, it seems that
this scheme allows the superintendent to begin making
them on the first day of June preceding. There Is a period,
therefore, between the first of June and the first of Sep
tember, during which It is not easy to determine which set
of maps are to prevail, whether those that have been
altered in the Tax Commissioners' Office or those that are
undergoing alterations In the Land Register's Office, for
section 4 provides that when changes are made upon the
tax maps of the city of New York the Tax Commissioners
shall give notice in writing to the superintendent of the
Land Register of all such changes, with such specification
or particulars In relation thereto as shall give to such super
intendent the Information necessary to enable him so to
change the Land Register Index and maps as to make the
same conform to such changes In the tax maps, but the
superintendent, for the purpose of making such changes,
shall likewise be entitled to full and free access to the tax
maps. Now, as the bill in the same section provides that
the Tax Commissioners may make changes in their maps
at all times upon application of parties In interest, and
the provisions last quoted above seem to contemplate that
notice of such changes shall be sent Immediately to the
Land Register superintendent, to enable him to make
changes to conform with the tax maps, the query arises
whether he Is to make changes from time to time during
the year, or whether he Is limited by the other provisions
of the bill to make changes only between the first of June
and the first of September. If the latter construction shall
be maintained, the notices will probably accumulate in his
office during the nine months of the year, and the changes
would be gradually going on In the Tax Commissioners'

LAND TRANSFER REFORM 113
Office for the whole year, while In the Land Register's
Office changes could only be made during three months.
Thus the two systems of maps could only coincide during
a short period of the year, and yet the foimdation of title
rests upon the tax maps. Here, again. Is a great oppor
tunity for confusion and mistakes through carelessness
or incompetence.
Bearing in mind, again, that the essential feature of
this system Is that the chief Instrument forms no function
for purposes of notice without the aid of a secondary In
strument to designate the lot which the chief Instrument
describes, we are brought to another curious anomaly in
this system. If, by mistake, the lot designated by the
secondary instrument In the first Instance should happen
to embrace only part of the area described In the chief
instrument, at any time after the discovery of that mis
take a new designation of a lot or lots is provided for in
section 6. By such new designation the chief Instrument
becomes for all practical purposes a recorded Instrument
for the entire area embraced within it ; so that a deed or
a mortgage called a chief instrument may be recorded and
may stand for a time as a recorded Instrument giving legal
notice against a part of the area described In the chief
Instrument, and, by a subsequent designation after a lapse
of time, it may become a fully recorded Instrument for the
whole area. So that it may stand as notice to purchasers
for part of the land embraced within it for a time, and
then, by subsequent action, through another instrument,
be expanded to Include the whole land embraced within
its description. During this Interim, between the first
imperfect designation and the second perfect one, all sorts
of equities may arise In purchases of adjoining lots, which
will present some very curious questions to be decided by
8

114 LAND TRANSFER REFORM
the court. A fee is prescribed of twenty-five cents for
each plot mentioned in the first designation when the chief
instrument is recorded, but if there has been a mistake
made, and the purchaser or mortgagee desires to designate
other lots to come within the scope of his chief instru
ment, the bill prescribes that he shall pay a penalty of
two doUars for each lot indexed against by such supple
mentary designation.
There are many other criticisms that might be indulged
in respecting the operations ¦ of this novel scheme in the
Registry Office. We turn now to the consideration of the
plan in its practical workings, outside of the Tax and
Register's Office and with the public. When a deed is
drawn in an office under the present system, after it has
been duly executed and acknowledged, it may be sent to
the Register's Office by any office boy, or any person of
the smallest intelHgence may be the messenger, who has
no other duty to perform than to leave the instrument
with the register, and. If required, at the time to pay the
register's fees. This is simple and easy and well under
stood by the mass of people. But, under the system pro
posed by this bill, when a deed Is drawn and duly acknowl
edged, trouble only begins. The map In the Register's
Office must be examined with the utmost care down to
the latest practicable moment before the deed Is left for
record, so that the secondary instrument shall designate
the lot embraced within the deed with certainty, or other
wise there will be a failure of notice of the record of the
chief instrument. It will not answer to send to a Regis
ter's Office any one but a careful and intelligent person
to examine the maps in that office to see that the lots in
dicated shall embrace the entire area in the deed. Here
is a new and important service to be performed out of

LAND TRANSFER REFORM 115
the office. The whole validity of the notice depends upon
the care and accuracy with which this service is done,
for the record of the deed goes for nothing unless this
supplementary designation be perfect. So important did
the framers of this bill deem this duty, that in section 6
they provide that this designation shall be In writing, sub
scribed by one or more of the parties to said instrument,
or his or their agent or attorney, duly acknowledged or
proved. So that, after the execution of the deed, or simul
taneously therewith, this other instrument must be pre
pared and signed by the party, or his agent or attorney.
Every land transfer is thus burdened, in addition to the
service usually heretofore Imposed upon it, with this new,
delicate, and important service. It will be a long time
before the public throughout this vast city will learn to
know and appreciate the importance of this new ihethod
of securing the record title to their real estate. It leaves
open Innumerable chances for frauds and mistakes. Dis
honest persons can prevent the f uU benefit of the Registry
Act by inducing or conniving at Imperfect designations.
Careless persons will impair the efficiency of the record
ing act by careless and improper designation. It is no
mean undertaking to educate a whole people up to a new
and Intricate system of transferring real estate, and it will
be a long time before knowledge of this system can be
disseminated to all the persons who, from time to time,
prepare good and valid deeds for the transfer of property.
Unquestionably many deeds will be left for record with
out proper designation of the property to be affected. The
bill as proposed provides no remedy for this. The Com
mittee of Seven are so impressed with the Inconvenience
and trouble that might grow out of this defect In the bill
that they propose an amendment which would authorize

116 LAND TRANSFER REFORM
the register to make a designation in such case of neglect,
but requires him to give notice by mail to the grantee, or
his attorney or agent, of his action In the premises, and
provides that, after giving such mail notice, the Index of
such instrument shall be deemed to have been made in ac
cordance with the provisions of this act. In such case,
however, the register Is authorized to charge an extra fee.
In its practical working there is no doubt that maps
would be freely issued, showing the block numbers cover
ing the entire city, and would be accessible to most con
veyancers. This would answer the purpose for the prepa
ration of the deeds, but for the purpose of drawing the
secondary instrument and designating the land on the
maps In the Registry Office, every one would constantly be
compelled to consult the maps In the Register's Office
before the designation could be made out so as to complete
a transfer of real estate.
So complicated Is this system that the bill provides for
the creation of two new officers, one designated superin
tendent of the Land Register of the city of New York,
who shall be appointed for a term of five years, and shaU
be paid a salary of not less than $7,000 nor more than
$10,000 per year. This superintendent may appoint a
•deputy, who shall be one of the city surveyors, at a salary
of not less than $5,000 and not more than $7,000 a year.
Thus it appears that the system is so complicated and diffi
cult to administer that it requires at least two expensive
officials to administer the same. Experience alone can
tell whether they will not require many additional assist
ants to perform their arduous duties. The mayor of this
city addressed a communication to this committee asking
it to Inquire as to the probable cost of Inaugurating this
novel system. The committee agreed that It had not suffi-

LAND TRANSFER REFORM 117
cient time to investigate this subject, and could not, there
fore, report upon it, but all agreed that the expense would
be necessarily very large.
No better illustration of the novelties and complica
tions found in this bill could be given than the fact that
your committee have had five sessions, many of them last
ing until near midnight, all the members trying to under
stand the scope and meaning of the proposed bill. The
bill requires, in the opinion of your committee, something
like fifteen amendments before it should go into effect.
The present bill has about fifteen amendments In It, chang
ing it from the form in which it was introduced into the
legislature in 1886. Six members of this committee, after
five meetings, voted that the bill in Its present form ought
not to pass. At the time the vote was taken the seventh
member was not present, and we do not know how he would
have voted on this question. We can safely say that this
committee endeavored, in a conscientious and careful way,
to the best of their ability, to see if they could perfect the
bill so that, in their judgment, it would be safe to let It go
upon the statute books. The undersigned believe that if
the bill, with all amendments, wei'e placed in the hands
of another committee of seven lawyers of good ability,
they, on examination, would find as many more places
where this novel system, in their judgment, would need to
be amended before it could be put in operation. What a
commentary this is upon a bill which is proposed to be
enacted to apply to the transactions in the real estate of
this vast city, and whose provisions must be understood
and acted upon promptly and correctly by everybody who
takes part In the transfer of real estate ! If there shall
be In the working under the bill the diversity of opinion
that prevails In the minds of everybody who undertakes

118 LAND TRANSFER REFORM
to study the bill, what can be said of the confusion and
disappointments and litigations that will inevitably flow
out of the attempt to inaugurate this system?
Turning now to the system known as the block system,
it may be remarked that both systems provide for the legal
designation of the blocks by consecutive numbers from
the Battery northward to the Harlem River, and as far
beyond as Is practicable.
Both systems provide for indexing under a general index
certain conveyances of plots of land not embraced within
the blocks, chiefly lands along the bulkheads, with all
rights pertaining thereto; also for indexing in the same
registry insolvent assignments, exemplified copies of wills
and many other Instruments of a kindred nature ; so that,
for the purpose of dealing with those questions, it Is
enough to say that both plans are substantially aHke. As
the great body of the property is in clearly defined blocks,
and the chief difficulty at present existing Is as to titles
within such blocks, we propose to discuss here only that
part of the block system of transfer which relates to
property in blocks legally designated as provided in both
systems. The question arises why is it that the present
system has failed? It has been In vogue for a hundred
years, is still the system throughout this State, and is
substantially the system adopted throughout the United
States ; and yet, in its operations In the city of New York,
It has become cumbersome and impracticable. The an
swer Is easy. It is because the area of search and the
commingling of the records of property by reason of the
vast extent of the city render it difficult and laborious to
find the record of any one particular lot. The theory of
the block system is to narrow the area of search. In the
city of New York, and In many other cities of the State,

LAND TRANSFER REFORM 119
It Is believed that the block Is the smallest practicable
parcel within which to confine such area, as it Is in fact
the smallest plot with legally defined boundaries ; and, in
our judgment. Is quite small enough. The block limits
are estabHshed and fixed by law, and their exterior lines
are established by monuments shown by the corners and
lines of streets. There is, therefore, no uncertainty as to
the gi'eatest exterior limit possible to prevail in the shape
or form of a plot conveyed within the limit of a block.
The block system contemplates that one single change
shall be made in the deed, and that is that the block num
ber shall be Inserted in the body of the deed in the same
maimer that a town or county is now Inserted In an ordi
nary conveyance. No other change in the form of the
deed and no other instrument is required to inaugurate
this system. A simple law should then be framed and
passed requiring the register to assign to each block a
volume, the volumes to be numbered consecutively from
one upward, corresponding with the blocks designated in
the same way upon the map. The register would then
receive aU deeds and mortgages the same as he does now,
but, instead of mingling deeds from all parts of the city
Into one volume, he must confine the record of each deed
to the book In which records of the block referred to
In the deed are to be made. If by chance a single deed
should cover a description of land In two blocks, the deed
would require to be recorded in the book assigned to each
block, the same as now if a deed described land in two
counties it must be recorded in the record book in each
county. The practice would undoubtedly soon grow up of
making separate deeds for lands in separate blocks, al
though it is not often that lots in separate blocks are put
in the same deed in this city. There should accompany

120 LAND TRANSFER REFORM
each book of records for each block a nominal index, sub
stantially as It Is now kept, for that block. So that, when
the system is once Inaugurated, It will never be necessary
to examine an index of the whole city, but only an Index
of that block. This system is capable of expansion to meet
the exigencies of any city or any county In the State, for
It is based upon the simple and unchangeable principle
that the area of search may be limited to any legally de
fined boundaries. In a rural county, under this system,
the deeds of every town may be separated from the
deeds of all other towns, or the deeds in a village may
be separated from all other deeds in the county, or the
deeds in a ward may be separated from all other deeds In
a city, or the deeds in other cities, If they shall so elect,
may be classified together in blocks, but the law and the
practice remain unchanged and unifonn throughout the
State, the principle underlying the registry being simply
that of luniting the area so that the volume of records and
of Indexes shall not be unmanageable. This system re
quires no expensive superintendent of the Land Register
or a deputy. It makes no violent change in the habits of
the people touching land transfer. There Is but one fact
they have to learn so far as making their transfers are con
cerned, and that Is that they must put Into their deeds and
mortgages the block number in which their land is situ
ated. It works no revolution In the law as to the legal
effect of recording for the purpose of real estate transfers,
but leaves them as they are to-day. The proposed lot
system does work a radical change in the present law
defining the effect of recording an instrument. The block
system does no more than has often been done in the
history of this State. When new counties have been cre
ated out of old counties, and new and narrower areas of

LAND TRANSFER REFORM 121
search have been created by the constitution of the new
county, the change has produced no friction and no dis
turbance of the methods and habits of the people in trans
acting their business. It may be objected to this system
that when land is transferred it leaves the duty upon the
purchaser to examine the title; but this Is not an onerous
duty under this system, as he has but a single block to
examine, much more easily examined than the title In
a rural hamlet. Everybody is familiar with the methods
and the law affecting this duty, and business would go on
without disturbance and without violent shock. No one for
a moment believes that, if such a system had prevailed for
the last fifty years in this city, the present confusion and
unsatisfactory state of things would prevail In the Registry
Office. It Is a system of infinite expansion ; It may go on
as long as blocks are laid out. The size of the city, to
whatever extent It may grow, will never embarrass It. All
the safeguards which have been so carefully buUt up
around conveyancing will remain applicable to the narrow
area of a block the same as they now exist. Conveyancing
will be more cheaply, rapidly, and accurately done for
many years under this system than It can possibly be done
under the complicated system pointed out In the lot plan.
In what we have said we do not wish to be understood
as defending, or being called upon to defend, all the pro
visions of what is kno-^vn as the Olmsted Bill. While
that bill contains what we deem to be the invaluable fea
ture of a block system of indexing, we do not agree in the
wisdom of many of its details. Careful reflection and
study have brought us to the conclusion that the whole
subject of improvement In the methods of land and
transfer In this city turns upon an improved method of
applying the long-established principles that have pre-

133 LAND TRANSFER REFORM
vailed throughout the State. It is a simple question of
narrowing the area of search and keeping the records of
each new area by themselves.
The essential vice of the proposed lot system Is that it
is an attempt to build that which should be stable upon a
foundation that is unstable. The principle underlying
it Is wrong, and no amount of ingenuity In plans can make
it practicable or safe to adopt. In our judgment It can
never succeed. We recommend the adoption of the block
system, which, by the confession of the friends of the
lot plan, would remove substantially all the evils of our
present methods, and not incur the risk of Inaugurating
a new and special system of real estate for the city of
New York not applicable to the State at lartre.
New York, February 18, 1887.

PROTECTIVE TARIFF
EEPOET ADOPTED BT THE UNION LEAGUE CLUB
Three questions of paramount importance are now agi
tating the public mind, and require careful and wise legis
lation. One is the surplus money accumulating in the
United States Treasury; another, the question of protec
tion to American industry ; and, third, the treatment of the
manufacture and sale of spirituous Hquors. At first sight
these three questions do not appear to be germane one to
the other, and under ordinary circumstances they would
not, and perhaps could not, be treated together; but the
situation is such that an intelligent treatment of either
affects each of the others, and so the consideration of all
becomes important and material. We assume, without
debate, that the great principle of protection to American
industry is a cardinal and fundamental principle in the
creed of the Republican party, and that, in the views of
that party, all legislation should be based upon the pres
ervation of that doctrine upon which the gi'eat prosperity
of this country has been built. It Is equally true that the
accumulation of the large surplus in the Treasury of the
United States is an evil that demands prompt and speedy
treatment. The treatment must be effective and certain
to arrest the present flow of money Into the Treasury,
which threatens to disturb all of the business interests of
the country. It is also true that the pretensions and claims
of the dealers in spirituous Hquors are menacing the moral

124 PROTECTIVE TARIFF
and material interests of the country to such an extent
as to arouse the fears of all right-thinking citizens. The
accumulation of surplus In the Treasury is the excess oVer
necessary expenses that reaches that department through
the imposts on imported goods and through the collec
tions of the Internal Revenue Bureau. That surplus Is
made, by the message of the President and by the posi
tion of the Democratic party, the lever to overthrow the
principle of protection to American Industry. Confess
edly, revenue derived from one source or the other must
be arrested. It makes no difference, as to the effect of an
accumulation of surplus upon the financial interests of the
country, from what source that surplus Is derived. Money
derived from the tax upon spirituous liquors, when in the
Treasury, is withdrawn from circulation, and affects mate
rial Interests precisely the same as any other money. On
the other hand, it is not the policy of the Republican
party, nor is it wise statesmanship or good morals, to do
anything which shall relieve the liquor Interest from any
burden which it now carries. On the contrary, the Repub
lican party should set its face firmly and resolutely to so
treat that Interest that It shall be curtailed and restricted
in Its well-known baleful Influence. It would be unwise
and suicidal to say or do anything which. In Its operation
or effect, could encourage that interest. We do not pro
pose to discuss at length or enlarge upon the enormity of
the evils growing out of the liquor traffic. We abate not
one jot nor tittle from anything that the most advanced
thinkers have said against the traffic In spirituous liquors.
Nevertheless, If the revenues derived from that interest
have become a menace to the prosperity of the country,
a question Is raised whether the continued collection of
those revenues by the United States Government, which

PROTECTIVE TARIFF 125
was wise in the past, is necessarily wise for the present
and the future. It would be only one more crime to
charge up against that traffic if it should be the force
used to break down the productive Industries of the
country. It appears by the last report of the commissioner of
internal revenue that during the last fiscal year the gov
ernment received from spirits and fermented liquors
$87,751,508.49; from tobacco It received about $30,000,-
000; from other sources a small amount was received,
making a total of $118,837,301.06. It thus appears that
the Internal revenue derived from spirits and fermented
liquors Is the prlncii)al source from which moneys are de
rived in that department of the government.
The Secretary of the Treasury reports that the present
actual net surplus on December 1st was $55,258,701,
after all obligations were provided for. He estimates that
this surplus will be Increased for the next fiscal year; so
that, under the operation of present laws, at the end of
the year the surplus will amount to $140,000,000. It Is
plain, therefore, that the estimated Increase of the sur
plus will be substantially equivalent to the collections by
the Internal Revenue Bureau from spirituous liquors. If
the Internal Revenue Department should be abolished, it
would at once and immediately put an end to all question
of surplus in the Treasury. The government would then
start with its present accumulation, which would be gradu
ally reduced by reason of the Imposts on imported articles
not being sufficient to meet the expenses of the government
for the next one or two fiscal years. If it be objected that
in the future the resources of the government would not be
sufficient to meet its liabilities, It is not only reasonable,
but highly probable, that the impost duties would increase

126 PROTECTIVE TARIFF
from year to year, so that by the time this present surplus
is expended, the revenues from impost duties would meet
all the requirements of the government.
The Secretary of the Treasury reports a net increase
of $34,963,550.60 for the last fiscal year, but of this net
increase only $2,017,454.74 was derived from internal
revenue, which leaves the increase derivable from other
sources than internal revenue to be $32,946,095.86. It
Is not improbable that this rate of increase, or something
approximate to it, would go on from year to year, so that
the government would find itself with ample funds for its
needs. Going back, now, to the question of the internal revenue
derived from spirits, excluding fermented liquors, we
find the amount derived last year from that source was
$65,829,321.71. Of this amount of spirits distilled a
considerable portion enters Into manufacturing industries.
There are no reliable statistics as to what per cent, of
the spirits manufactured is used for such purposes. Con
siderable testimony was taken on this question before the
Tariff Commission appointed by Congress a few years
since, and many intelligent men have given their esti
mates upon It. The lowest proportion that has been
named Is 5 per cent., the highest proportion 50 per
cent. It is the opinion of those conversant with the sub
ject that the lowest is much too low and the highest too
high. It is probable that the amount is about 40 per
cent. Assuming that as a basis, we have the revenues
derived from spirits, 40 per cent, thereof, or $26,331,728,
which Is levied as a direct tax upon home industries.
Much thought and attention have been given to the
subject of finding some method by which spirits used in
the arts and manufactures could be separated from the

PROTECTIVE TARIFF 127
liquor which is used as a beverage, so that the domestic
manufacturers should not be called upon to contribute to
the government this vast sum of $26,331,728, which is, in
effect, a direct tax, and operates to that extent against the
domestic manufacture of such articles as require its use.
No device and no plan has yet been suggested by which
that result can be reached without opening a wide door
to frauds upon the government. If the Internal Revenue
Department is abolished, large and material interests of
the country would be relieved from this unjust and un
necessary tax, a tax which discriminates against the home
production of a large class of articles required for the
ordinary use of the citizens.
The expenses of collecting the internal revenue are re
ported at $4,055,148.87. An army of 4,000 office-holders
is maintained with this money. These officials are un
necessary and vexatious spies upon the business of the
people. To relieve these men from their official duties
and restore them to the productive industries of the
country would be a great gain to the public and be
entirely In harmony with the reform professions of this
administration. Revenue from tobacco, as we have stated above. Is about
$30,000,000. If it be said that this Is a tax upon a luxury,
it is also a tax upon a large productive industry of this
country, and Is chiefly a tax upon the luxury of poor men,
as they are the principal consumers of domestic tobacco.
So long as imposts are continued upon Imported tobacco
and cigars, the revenue from that source will be derived
chiefly from an article that is a luxury Indulged In prin
cipally by those who are able to pay it. We do not advo
cate the reduction of the tax upon tobacco as such, but
only the repeal of the internal taxes which are derived

138 PROTECTIVE TARIFF
mainly from domestic production. The proposition to
repeal the tax upon spirits will at first strike many minds
as unwise, and as relieving a traffic which ought to bear a
heavy burden from its proportion of the cost of the govern
ment. To do this in fact would be unwise, and would
shock the moral sense of the community. AVe would not
for one moment advocate anything which would be an
encom'agement to that traffic, or that would relieve it from
any restraints which can be thrown around it. Our con
tention is that the money derived from it is unnecessary
for the general government; and that, unless it is at once
put into circulation, It operates just as mischievously as
revenue derived from any other source when It reaches
the Treasury vaults In Washington. The money derived
from the liquor traffic should be collected by States and
municipalities, so that It may go to support in some meas
ure the pauperism and crime which it produces. It may
be objected that when the general government ceases to
collect revenue from that Interest, the States and munici
palities which may have jurisdiction over the liquor traffic
would not Impose taxes to an equal amount upon that
traffic. We believe this objection to be fallacious. That
the temperance sentiment Is growing with rapid strides
throughout the country Is evidenced on all sides. The
West and South are already leading the East and North
on that question. The sentiment is a healthy and whole
some one. It Is true the friends of temperance are not
agreed as to the measures that are practical and effective
to curtail this evil. A respectable and conscientious body
of citizens believe that there Is no remedy save prohibi
tion. A much larger body of citizens, members of both
the Republican and Democratic parties, believe that the
time is not yet ripe for that measure ; while many believe

PROTECTIVE TARIFF 139
that it never will come. It Is In accord with the experience
of this country that no poHcy can be enforced which is not
sustained by pubHc sentiment. That public sentiment Is
not yet ripe for prohibition must be conceded by every
body. As a limitation upon the traffic, heavy local taxa
tion, whether in the form of high license or any other
taxation which shall be constitutional in the several States,
Is practical, and public sentiment is fully ripe to sustain
it. The Republican party should plant itseK firmly and
decisively upon this ground. As one State after another,
by legislation, shall derive large revenues from this traffic,
the example will be contagious. If It once becomes under
stood that the United States has surrendered Its claim to
tax this Interest, It will not be difficult to create a public
sentiment which shall demand the enactment of laws to
take the same money that the United States collected for
the benefit of the States and municipalities who have to
bear the burden and the crime produced by the traffic.
This policy Is entirely In accord with the principle of abso
lute prohibition In such States and localities as demand,
and are able to enforce, that remedy. It is consistent with
the local option laws in any State. It Is In harmony with
those who contend for high license and taxation. Rightly
considered, it is in conflict with no phase of the temperance
question. If the Republican party shall wisely take high
and decided ground upon this subject of temperance. It
will at once put It In harmony with the sentiments of the
best element In the Southern States. The Southern tem
perance sentiment will not be slow to find that upon this
great question of moral reform its strongest and only ally
is the Republican party. The two sections will be brought
into harmonious action upon a question that is dear to the
hearts of the best citizens of both sections. It does not
9

130 PROTECTIVE TARIFF
seem to be wild conjecture that when that state of things
arises, great good will accrue to the country by harmoni
ous, action upon other questions in which the true interests
of the South are in harmony with the sentiments of the
Republican party. Our party must be prepared to enter
upon the battle with the liquor traffic, but the Hues of
battle should be so set that the confiict shall not result in
injury to other great and material interests. The position
of the two parties to-day is not unlike the position of the
Republican party In the great contest of 1860 on the
slavery question. There was then a small but respectable
party in favor of the abolition of slavery. Abolition was
then regarded by the masses of the people as imprac
ticable; but to limit and restrain slavery was deemed to
be practicable. In so far as slavery had any friends in
the Northern States, they were found in the Democratic
party — ^the same party that is now supporting the saloon
and Hquor Interest. Then the Democratic party also con
tained a very large and respectable body of citizens who
sympathized with the anti-slavery sentiment of the Re
publicans, but did not and could not sustain the ex
treme doctrine of the Abolition party. We beHeve the
state of things is substantially the same to-day on the
question of temperance, that the Democratic party contains
a vast number of men who would sustain a vigorous poHcy
by the Republicans in restraint of the Hquor traffic. The
attitude of the RepubHcan party In the past has been
such as to concentrate with great vigor the saloon interest
in the Democratic party. Timid party men have nothing
more to fear from the opposition of the liquor interest.
In Pennsylvania the Republican party accepted the issue,
planted Itself firmly on the ground of opposition to the
saloon interest, and carried the State in the last election

PROTECTIVE TARIFF 131
triumphantly after a close and severe canvass. To take
a doubtful position on this Issue Is defeat. To go forward,
with the line of battle properly set, means certain triumph.
We therefore recommend the adoption of the following
resolution :
Resolved, That we deem it wise RepubHcan statesman
ship to abolish the Internal Revenue Department of
the United States as the safest and most practicable
way of reducing the surplus of the Treasury and preserv
ing unimpaired the great principle of protection to Ameri
can industry ; and, also, to advocate and enforce, wherever
the power exists, rigorous and vigorous legislation in the
various States In favor of taxation of the liquor traffic
to the highest degree practicable, to the end that the
money collected from that source may be appHed directly
to defray the expenses of the pauperism and crime that it
entails upon the several States.
New York, April, 1888.

THE LIQUOR TRAFFIC
No question within the power of legislation has received
so much attention during the last fifty years as that of the
use of spirituous liquors as a beverage, if we except the
slavery question. Like the latter question. It has been
considered from the religious, the moral, and the political
standpoint. At first it was treated mainly as a religious
and moral question. Of late the political aspect of the
subject has received a wide and exhaustive discussion.
On the whole, the progress of the reform has not been
satisfactory to its friends. The weakness of human nature
in its appetite, and the cupidity of men in their desire for
money, have rooted the evil In the body politic so deeply
as to cause the greatest anxiety in the minds of all thought
ful persons. That moral suasion and religious considera
tions have worked mightily upon a vast body of citizens,
and have saved them from destruction, must be conceded.
On the other hand, the number of persons who are the
thoughtless or helpless victims of the vice of drinking is so
great that they are a menace to the good of society, eating
out so much of manhood as to cripple the State, and cast
ing upon the sober and industrious burdens they ought
not to bear. The constantly recurring questions. What
can be done ? What ought to be done ? will come up for
answer. In replying to these questions, we must consider
what Is practicable and possible. What the State wants,
what society wants. Is relief from this great evil.
No relief comes from attempting the impossible. One

THE LIQUOR TRAFFIC 133
question may be considered settled by the discussions of
the last fifty years, and that Is, that as a question of power
the State can Interfere and go to any length that Is neces
sary to root out this evil. The friends and defenders of
the liquor traffic undertake to defend the business because
It is a business in which large Investments have been made,
and that to Invade or curtail this traffic would be to abridge
individual rights and assail the safeguards of private prop
erty. This is entirely fallacious. The State has always
exercised control over individuals and property, when the
highest good of the State has required it. It has pro
hibited gambling and passed laws for the seizure of the
implements of gambling and the punishment of those en
gaged In It. Now, it may be plausibly reasoned that
gambling is an individual matter; that a person who has
money has a perfect right to do what he pleases with it,
either to give It away or gamble It away if he will.
With reference to lotteries, there Is a constitutional pro
hibition against them; and yet why should not a person
spend his own money, that he has earned, in a lottery
ticket, if he desires to do so ? Owners of agricultural lands
are prohibited by the constitution from leasing the same
for more than twelve years. Now, why should not an
agricultural landlord and tenant be at liberty to make any
bargain they please ? The answer Is that, K left to them
selves, they would, by long leases, be likely to bring about
a state of things that now afflicts Ireland. Numerous
other illustrations might be given where the State has
interfered with personal rights and property for the gen
eral good. The policy of the State is to protect itself from
anything that puts In jeopardy the general good. It Is the
conscience, Intelligence, and the Integrity of the people
that chiefly limits this control. Until our scheme of self-

184 THE LIQUOR TRAFFIC
government shall prove itself a failure, no damage can
result from the exercise of this power of protection by
the State. Those engaged in the liquor traffic concede
the propriety of State control of their traffic, but they
clamor for what they call just and equal laws, which means
laws that do not materially affect or limit their business.
This is precisely what the good of the State does not re
quire. If the business of the liquor dealers Is as harmless
as selling corn or potatoes, then there is no occasion for
State interference, and one business should be as free as
the other. The concession by the liquor dealers that the
State should In some measure limit and regulate the traffic
is a concession that in some way and to some extent the
traffic menaces the good of the State. That brings us to
the questions. How serious a menace Is the traffic? and
Who shall determine the extent of the State control that
is necessary to protect the State ?
The measure of the remedy should bear some propor
tion to the magnitude of the evil. If the evil Is slight, the
remedy should be moderate. If the evil Is great and
threatening, the remedy should be the more radical. To
dwell upon the evils of intemperance is to dwell upon a
hackneyed subject ; and yet a few suggestions at this time
will give point to the argument in favor of strong and radi
cal measures to limit and cure the evil. It is stated upon
good authority that the number of saloons in this city is
about 7,500 and in Brooklyn about 5,000, or a total of
about 12,500 saloons and drinking places. It Is estimated
that the average Income of these places is not less than
$4,000 per annum each. This seems a reasonable esti
mate, when we consider that rent, attendance, light, fuel,
Hquors, etc., have to be paid for to carry on the business.
At this estimated rate of income, there is taken out of

THE LIQUOR TRAFFIC 135
the people In these two cities for this traffic the sum of
$50,000,000 annually. If we say nothing of the balance of
the State. If such a sum was extorted from the same
class of people by a tax, it would produce a revolution in
our government. To the people who drink, this money Is
wasted. It is taken from famlHes, homes, mothers, and
children. What $50,000,000 would purchase in comforts,
such as improved homes, clothing, food, education, etc.,
is mostly lost to the Innocent and helpless. Nor Is this
all. It destroys the ability to earn money in untold
thousands of its victims; it promotes crime and im
morality ; it baffles the teaching of those seeking the reU
gious and moral elevation of the human family; it fills
our State prisons, jails, and all charitable institutions;
it increases the burdens of the State for the industrious
and sober, so that every one who pays taxes pays a very
considerable portion of them to support saloons; It un
necessarily burdens the charitable, for all who have had
experience know that a large per cent, of the demands
for charity would never exist except for this traffic.
In these two cities there would be but little poverty
and want if this $50,000,000 could be diverted from the
saloons and turned towards families and homes. Taxes
would be reduced, crime would be diminished, reHgion
and moraHty would be promoted, and the clamorous de
mand of charity be greatly reduced.
Surely here Is an evil of sufficient magnitude for the
State to seek a remedy; and shall this remedy be only
such as those engaged In the traffic approve, or such as
the good of the State demands? The failure at the late
election to carry two-thirds of both branches of the legis
lature, so that an expected executive veto could be over
ridden, will be likely to produce discouragement in the

136 THE LIQUOR TRAFFIC
minds of many friends of high Hcense, and induce them
to accept haK-way measures or compromises that wiU be
acceptable to those engaged In the traffic. This we deem
will be an abandonment of aU the benefits of high Hcense.
High license should be of such a character as to bring
to the narrowest practicable volume the amount of the
business, and compel It to bear as much as possible of the
burdens that that traffic now casts unjustly upon the sober
and charitable part of the community.
Recent events have established that, for the present
at least, prohibition in this country cannot be obtained.
It Is equally well established that high license laws do
restrain and limit the traffic. In war it Is deemed the
greatest folly to risk a general engagement without rea
sonable grounds to expect a victory, and to risk a general
engagement with a certainty of defeat is madness. In
this is the mistake of the Prohibitionists. Important out
posts can often be taken when the citadel cannot be cap
tured. The Prohibitionists are chargeable with refusing
to secure that which can be secured, and which, experience
has shown, tends to increase temperance and moraHty,
while they are striving after the impossible at this time,
and thus helping along with all their power the swelling
tide of Intemperance, crime, and poverty.
We therefore recommend the adoption by this club of
the following :
Resolved, That we deem it unwise and dangerous to
the cause of temperance for the friends of high license to
accept any measure that does not come up to the fair in
tent of that policy. That It is better to let the Democratic
party and the Prohibitionists divide the responsIblHty for
the present state of Intemperance, crime, and poverty.

THE LIQUOR TRAFFIC 137
until such time as a practicable remedy can be secured.
That we earnestly recommend to the Republican mem
bers of the legislature, at the ensuing session, to stand fast
for the principle of high license, so that whenever a Hcense
law shaU be carried, the State may secure substantial
benefit from such a measure.
New York, November 26, 1889.

THE McKINLEY TARIFF, 1890
The primary purpose of impost duties is to raise the
money necessary to support the general government. The
most vital function of a government is the power to raise
money for its support, because its usefulness in all direc
tions is gone without this power. A government cannot
exist without exercising It. Whatever difference of opin
ion there may be as to forms of government, all have this
corner-stone In common. Political economists may differ
as to the method of raising the money, but all agree as
to the basis on which the political structure we call a civil
government must stand. There are but three sources,
with triffing exceptions, known to civilized countries from
which to derive support, and those are either impost duties
(commonly called tariff duties), export duties, and internal
taxation In some form. Export duties form no part of
the fiscal policy of this country, and need not be referred
to again. Statesmanship In financial matters has to deal
with the method of raising the necessary money to carry
on the government. It is the statesman's duty to point
out the place or places from which, and provide the means
by which, the collection of the money can be enforced.
The political economist may very properly point out
the best method of raising the money so that the burden
may fall as lightly upon, and be distributed as justly
among, the people as possible; and, therefore, the states
man should also be a political economist. The amount

THE McKINLEY TARIFF, 1890 189
of money necessary to be raised at this time to support
the general government Is about $400,000,000.
That an annual levy of $400,000,000 should be a burden
upon the people of the United States which they would
like to be rid of is not surprising. The question Is, upon
which shoulder shall they carry the burden? It proves
nothing against the tariff bill to point out that some par
ticular interest or interests would be better off without an
impost duty. The friends of the tariff may safely con
cede that, and yet justify the tariff duty as necessary and
best, on the whole, for the government support. Free
traders but half argue the question when they point out
that the tariff tax burdens somebody. All exactions from
the people to support civil government are distasteful.
A desire to escape the assessor and the tax collector Is not
an unusual thing, at least in this country. There is no
particular wisdom in calHng a " tariff a tax," unless it be
wisdom to characterize with an opprobrious term the suc
cessful financial poHcy of all the fathers of the republic.
If the free-traders would develop their ideas as to how
they would raise the $400,000,000, and tell the people
what their scheme of taxation Is, it would add Hfe and
interest to the dreary discussion they have been carrying
on. How much of this money do they expect to take
directly from the farmers, and what is their method of
doing it? What proportion of the fixed Incomes of the
people are to be taken to make up this vast sum? What
proportion of the Incomes from the professions, what
stamp duties, and. In general, where is this money to
come from? As political economists, while examining
with philosophical nicety the bearings and effect upon
business of a tariff upon imported goods, it Is not to be
presumed that they have overlooked the prime factor that.

140 THE McKINLEY TARIFF, 1890
when they have educated the people to be free-traders,
they must be prepared to substitute some revenue scheme
to take the place of a tariff. The more details they will
give of the new scheme the more interesting it will be
to the public, because the people will be better able to
compare the two plans and judge which they like best.
Philosophers sometimes disHke practical questions, because
they interfere with their theories. This is a practical
question. The British free-traders have met it manfully.
They simply tax everything a British subject has or uses,
from a cradle to a tombstone, inclusive.
While the British free-traders have urged upon us the
beauties of free trade. It is not recalled that, in any of
their dissertations prepared for this country, they have
dwelt at length upon the beauties and deHghts of their
scheme of internal taxation.
What the people want at this time is more light on this
subject. They are pretty well Informed as to the free
traders' objections to the tariff. They have learned all
about its iniquity, inequality, and Immorality. What is
now wanted is the free-traders' scheme for raising
$400,000,000 that shall be free from the objections they
find in a tariff, and the burden of which shall rest upon
the people as gently as a benediction.
The friends of a tariff are not ready yet to abandon
that method of raising money to support the government,
because a better method has not yet been pointed out.
The field of internal taxation is pretty well worked at this
time to support our State and municipal governments, and
the people are not anxious to see the tax gatherer for the
general government asking for a further sum for its sup
port. It is not yet made clear to them that it Is desirable
to change the traditional policy of this government.

THE McKINLEY TARIFF, 1890 141
Since Its formation this policy has been to seek support
from Impost duties whenever a sufficient sum could be
realized from that source. The first revenue blU signed
by Washington was a tariff bill, which declared in its pre
amble that its purpose was to raise money and protect
American industries. That was soon followed by an inter
nal revenue bill. It was not until after the War of 1812,
and about the year 1818, that the Internal revenue system
was terminated, and from that time until the War of the
Rebellion, In 1862, the United States was never driven
to resort to internal taxation for Its support.
During the Rebellion, and for some years thereafter,
both systems — the Impost duties and internal taxation —
were strained to the highest practicable point, so as to
raise the greatest amount of revenue possible. Since the
war closed, most of the internal taxes have been repealed,
and the laws Imposing impost duties have been from time
to time modified, so as to reduce the revenue from that
source, chiefly by placing upon the free list articles not
the product of American industries. For over forty years
before the war, all parties agreed that the general govern
ment should be supported by impost duties, but they dif
fered as to what kind of tariff should be levied. The
Whigs contended for a " protective tariff," while the
Democrats contended for what they called a " revenue
tariff." This description of a Democratic tariff was glori
ously uncertain, and the phrase could be made to do duty
for any kind of a tariff, according to locality. It was a very
much overworked description in those days, like the words
" reform " and " revenue reform " at the present time.
Both Whigs and Democrats sought to raise the same
amount of money. The difference was in the method of
levying imposts. The protective tariff system contem-

142 THE McKINLEY TARIFF, 1890
plated that the Impost duties should be so laid as to pro
mote American industries. A revenue tariff was generally
described to be a tariff so levied as to produce the neces
sary support of the government, regardless of its effects
upon home industries.
Free trade, as understood In English financial policy,
has never had a practical foothold In this country. The
doctrine Is revolutionary, and, K practically appHed, in
volves an entire reversal of the financial policy which we
have followed from the foundation of our government.
It Is not beheved that the people, when they fully under
stand the question, will ever consent to be taxed by the
general government for its support, and open the ports
to free trade. There is no escape from the proposition
that It must be supported by tariff duties or by internal
taxation In some form. There is no consistency in de
nouncing all tariff duties as wrong, unjust, and immoral,
without at the same time advocating internal taxation
as a substitute.
If the people adhere to the policy that the general gov
ernment shall find its chief support in impost duties, the
only remaining question of broad policy is, shall those
duties be adjusted so as to raise the necessary revenue,
regardless of its effect on our Industries, or shaU they be
so adjusted as to foster and promote thx)se industries ? In
other words, shall It be a revenue tariff or a protective
tariff? RepubHcans — and a not Inconsiderable portion of
the Democratic party, especially in the South, as ex
pressed in many of the leading Democratic papers — ^be
lieve that in raising this vast sum for the general govern
ment, it can be so levied as to promote our own industries.
The money is not raised to aid manufacturing inter
ests or any other home industries. It is raised because

THE McKINLEY TARIFF, 1890 143
it must be levied somewhere. Free-traders have indus
triously tried to make people beHeve that the protective
tariff is a system of taxation for the benefit of certain
manufacturers, and that the people are taxed to make the
manufacturers rich. Nothing can be more false In fact
or In logic than this statement of the case.
Not a dollar Is raised for the benefit of the manufac
turers. The purpose of a protective tariff is to raise just
the amount required for the support of the government.
As this sum must be raised by Internal taxation unless
raised by Impost duties, the protective policy is to so raise
it by impost duties as to promote our own industries.
These are promoted by letting in free such things as we
do not or cannot produce, and by placing this tax to sup
port the government upon such foreign articles as we do
or can produce.
The free-trade and revenue reformers have of late been
claiming great credit to themselves for their advocacy of
free raw material. They seem to boast as K they were
championing a new doctrine. They have, intentionally or
ignorantly, overlooked the fact that this is, and always
has been, one of the axioms of protective policy, and one
that has always been maintained by those who understood
the true doctrine of protection. This advocacy of free
raw material by the free-traders Is a concession on their
part that when impost duties are levied there should be
discrimination in favor of American industries, and to
that extent admits the case of the protectionist. Raw
material, which it Is desirable to import free, includes
such products of Industry as we do not and cannot pro
duce reasonably cheap in this country, taking into ac
count our natural resources and their capability of devel
opment. The term " free raw material " Is liable to be

144 THE McKINLEY TARIFF, 1890
misleading, because that which Is the finished article of
one Industry may be only the raw material of another
and higher grade of industry or manufactures. A just
application of the doctrine of protection Is to so adjust
the levy of the necessary money as to equitably protect
all industries of the country. The bearings of the impost
upon the industries of the manufacturer, the farmer, the
miner, or any other Industry, should be carefully studied
so as to aid, rather than retard, the same.
It is no answer to the propriety of a particular impost
duty upon an Industry that such industry would be better
off without the impost and with free trade.
The real question Is, Is the impost unequal as com
pared with other industries? The burden of supporting
the government must be borne by somebody, in some form.
In framing any tariff or tax bill there is great practical
difficulty. There are liable to be private and conflicting
interests difficult to satisfy. Some persons will take only
a narrow and personal view of a particular Impost or levy.
All cannot escape the burdens of supporting the govern
ment. If an attempt were made to frame a purely revenue
tariff, or a bill to raise this large amount of money by
internal taxation, the same difficulties would arise as to
conflicting Interests. Some would think they had not been
fairly treated. In fact, pure abstract justice cannot be
attained, no matter on what lines any revenue bill may
be framed. It Is not the purpose of this committee to
express an opinion on the wisdom of any particular im
post proposed in the McKinley Bill in Its bearing upon
certain Industries. Among those who adhere to the doc
trine of a protective tariff, in particular cases, there are
wide and honest differences of opinion. The bill seems to
be an honest, painstaking, and able effort to prepare a

THE McKINLEY TARIFF, 1890 145
revenue measure to support the government, based on
the estabHshed principles of protective policy which were
adopted by the Republican party at the last National Con
vention, and fully discussed In the last canvass and ap
proved by the people. We, therefore, recommend the
adoption of the following resolution :
Resolved, That the Union League Club approves the
general scope and principles of the McKinley Tariff Bill
as calculated to produce only the money necessary to sup
port the government, and as embodying the sound doc
trines of a protective tariff adopted In the National Repub
lican Platform, and recommends that Congress pass the
same, with such amendments, if any, as may be necessary
to perfect it, to the end that it may speedily become a law
of the land, and thus put at rest the questions affecting
the vast Interests of the country, now disturbed by sus
pense and uncertainty as to the final action of the govern
ment in this important matter.
New York, AprU 29, 1890.
10

NEW ORLEANS RIOTS (FIRST REPORT)
On the 10th day of this month the civilized world was
shocked and startled by an event at New Orleans unparal
leled In the history of modern Anglo-Saxon civilization.
No event has occurred in the history of this country, in
a time of peace, so fraught with peril to our institutions
as this. Whatever the wrong may be that was committed
against the victims, the greatest wrong was to the country
and to our boasted system of seK-government. It may
be conceded that it Is highly probable there was a kind
of rude justice meted out to the victims of the massacre;
and, in so far as that result was reached, it may be received
in explanation of the motives of those engaged in it, and
reHeve them from the charge of brutal, wanton murder,
committed to gratify wicked and ferocious natures. Under
a government of law and order the act committed was
murder, and nothing but murder; and, in a community
alive and sensitive to the duty of maintaining law and
order, the perpetrators would be sought out and punished,
not as they meted out punishment, but in due course
of law.
It does not seem probable that any such course will be
pursued, for the reason that, so far as can now be gathered,
almost the entire sentiment of the city, official and un
official, either wholly approves of the act or is ready to ex
cuse and defend it.
The citizens of this State, and of all the other States,
having a common interest In law and order for the good of

NEW ORLEANS RIOTS (FIRST REPORT) 147
all, are brought to the startHng spectacle of the chief city of
one of the States being either unable or unwilling to rise
up and demand that majesty of the law shall be main
tained. This case is pecuHar, and deserves the study and
thoughtful consideration of every lover of his country.
Outbreaks of violence and murder are not unusual. Mob
violence is sometimes formidable and threatening.
Heretofore it has usually broken out In resistance to law,
or to forestaU legal proceedings and Inflict a more speedy
and summary punishment. The New Orleans case has this
important and new feature, that no force was exercised
until the law had taken its full course, and had, as alleged,
failed to punish dangerous characters. The conditions are
just those of a government of anarchy. If the law's fail
ure In this case to do justice can justify mob violence, it
can do It again and again. This Is the first great step in
our history taken by the alleged best citizens to teach and
Illustrate the doctrine of the mob violence in place of law.
The strength of the law is the people's respect for it. The
law of the country has no actual force behind It able to en
force Its decrees except the respect and willing obedience
of the citizens. The events in New Orleans and the ten
dency of them cannot be viewed by any good citizen with
out the gravest apprehension. Such examples are con
tagious. No one can tell where the next mob will under
take to correct the failures that are supposed to occur in
the administration of the law, nor how many such assaults
our system of government will endure. We all know
that the decline and fall of nations are gradual. Failure
never occurs all at once. The first false steps are the ones
that finally lead to ruin. It is the interest of every citizen
of this broad land to resist In all proper ways the tendency
of this New Orleans outbreak, and do what he can to

148 NEW ORLEANS RIOTS (FIRST REPORT)
create such a public sentiment that no second attempt of a
like nature shall be made. While condemning without
qualification the course pursued in New Orleans, it is not
beheved that the majority of those engaged in the illegal
proceedings were in any sense enemies of our country, or
intended to make a dangerous assault upon our free in
stitutions. They are not anarchists nor revolutionists, but
are undoubtedly lovers of their country. They were mis
taken In the remedy they adopted for a real evil they were
suffering under. The charge Is made that an organization
of foreign criminals, bound together by solemn oaths, had
in cold blood murdered the chief of police of that city;
that they had committed many other criminal acts, and
had threatened many citizens with summary death; and
that, finally, when brought to trial, they were able to
intimidate or corrupt the jury and cause a miscarriage of
justice of such a glaring nature as to excite the just indig
nation of good citizens and justify them in their summary
punishment of the criminals.
Without admitting for one moment that the facts justify
the outbreak, they show a condition of things that de
mands thoughtful consideration by every American citi
zen. While the outbreak has tumed attention at this time
to New Orleans, the common judgment of all IntelHgent
and patriotic men Is that, in a greater or less degree, every
large city In this land has a condition of things somewhat
similar in kind to that reported to exist In New Orleans.
The recent anarchist troubles in Chicago, the events in
Cincinnati, and our own July riots In 1863, with numerous
lesser Incidents, may be cited as proof that such is the
fact. We are thus brought face to face with a condition of
things that ought not to exist, and a natural Inquiry arises.

NEW ORLEANS RIOTS (FIRST REPORT) 149
Why does it exist? Our government is a government
of law and order. It is founded upon that rock, and its
right to exist and command the respect of mankind de
pends upon its ability to maintain and preserve unim
paired that principle. It is also a government of equal
rights, where the people elect their own rulers. To main
tain such a government presupposes intelligence on the
part of the citizens and devotion to Its principles. We
have also boasted that this land is the asylum for the op
pressed of all nations. No one desires to abandon any of
these proud positions, and yet It may be fairly questioned
whether we have been discreet in the administration of
them. It is known of all men that for many years we
have been the asylum of the criminals and paupers of aU
nations. While we have taken into the body politic a vast
body of honest and intelligent foreigners, who have ac
cepted American citizenship In good faith, and who have
contributed their full share to the prosperity and glory
of our country, we have also taken In such a flood of igno
rance, pauperism, and crime, and clothed it with the full
panoply of citizenship, that Americanism is being diluted
and assailed in ways that are truly alarming. We are
unable to assimilate so much ignorance, pauperism, and
crime without great danger to the body poHtlc. The illus
trations of this danger are innumerable all around us. All
the better elements of this country are overtaxed in deal
ing with this flood. Our religious, benevolent, and educa
tional institutions are appalled In the presence of the de
mands upon them.
The time Is propitious to agitate these questions before
it Is too late, and see If something cannot de done to
save our country and our Institutions from the peril that
menaces them. The courts should be rigid and consclen-

150 NEW ORLEANS RIOTS (FIRST REPORT)
tious In enforcing all the safeguards of the law against
suffrage unworthily bestowed. The general government
and the several States should exercise all the power they
possess to keep out of the country crime and pauperism.
If the present laws are not sufficient, others should be
framed that will be sufficient, even if it becomes neces
sary to provide that every emigrant must produce a con
sular certificate of good character at home before he shall
be permitted to become one of the family of the United
States. It can be conclusively demonstrated that it is possible
and easy to ascertain the previous character of any
proposed emigrant. The means to procure this informa
tion can and should be provided by the government.
Neither the cost nor the difficulty of doing it bears any pro
portion to the Importance and necessity of It for the good
of our country. To postpone or ffinch from meeting this
Issue Is perilous and cowardly to a degree indefensible
for this great people. The doctrine contended for is not
applicable to any one nationality, but to all nationalities.
It Is the criminal classes and paupers of the world that we
should defend ourselves from.
The press and the public should take up and discuss this
subject until a remedy shall be found that will rid us of
foreign bandits, anarchists, criminals, and the pauper
class that are such a menace to our country.
We therefore recommend the adoption of the following
resolutions :
Resolved, That we call upon the general government
and the several States to use all lawful means that they pos
sess to prevent the importation of criminals and paupers ;
that we call upon the courts to be rigid in administering

NEW ORLEANS RIOTS (FIRST REPORT) 151
the laws as to naturalization, and In resisting the impor
tunities of political parties to clothe improper persons with
the rights of citizenship.
Resolved, That we call upon the press and the pubHc to
agitate and discuss the subject of the importation of crimi
nals and paupers, to the end that if present laws are not.
sufficient to save our country from this great peril, others.
may be enacted that shall be effectual to that end.
New York, March 30, 1891.

NEW ORLEANS RIOTS (SECOND REPORT)
At the April meeting of this club this committee sub
mitted a report touching upon the evils of undesirable
immigration. It was tentative, and intended to call atten
tion to the evil rather than to discuss the remedy.
It is unsatisfactory to merely point out an evil without
pressing the Inquiry further and treating of a remedy.
The presentation of the existence of the evil has received
the most earnest and favorable attention of the pubHc and
the press, and we deem it within the spirit of the resolu
tions of the club to push the Inquiry further to the question
how the evil can be abated or limited. The very presence
of undesirable immigrants in our country is a menace and
a burden, but this evil is greatly aggravated when these
undesirable immigrants are clothed with citizenship.
The treatment of the whole subject seems naturally to
arrange Itself into two prominent divisions. The first one
would relate to such laws and such policy on the part of
the government as would prevent such a class coming into
the country. Congress has entered upon this field, and has
passed some laws tending in that direction, although, in our
judgment, they are entirely inadequate to meet the exi
gencies of the case.
The second remedy would pertain to the enactment of
laws, or the enforcement of the present laws, so as to pre
vent these undesirable immigrants from becoming citi
zens, enjoying all the benefits which that word ImpHes.

NEW ORLEANS RIOTS (SECOND REPORT) 153
Here further legislation is needed before full and ade
quate protection from this evil can be secured.
We have had for a long period of time upon the statute
books laws that, K properly administered, would have
saved us in the past from a most reckless and dangerous
assault upon our Institutions, and which should be here
after enforced In the spirit and intent of their enactment.
A hasty review of the present law will aid in the dis
cussion of this question.
The powers of Congress are stated in the Constitution
of the United States In a few words. They are simply
that " The Congress shall have power to establish an uni
form rule of naturalization." This Is a broad, sweeping,
and absolute power lodged there, and not vested in any
State or In any other authority.
The first law touching naturalization was passed in
January, 1795. In April, 1802, the naturalization laws
were revised, after an elaborate and exhaustive debate;
and the third section of the act then passed is as foUows :
" Third. It shall be made to appear to the satisfaction of
the court admitting such alien that he has resided in the
United States five years at least, and within the State or
Territory where such court is at the time held one year at
least ; and that during that time he has behaved as a man
of good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the
good order and happiness of the same; but the oath of
the applicant shall in no case be allowed to prove his
residence." There are other provisions in this law, and also some
subsequent amendments, not material to be considered in
this paper.

154 NEW ORLEANS RIOTS (SECOND REPORT)
In the discussion of the naturalization laws, the fathers
of the republic had a high appreciation of the value of
American citizenship, and of the necessity of preserving it
from being enjoyed by unworthy immigrants, although
they were anxious to encourage immigration, and were
wIlHng to divide with proper immigrants the rights and
privileges enjoyed by themselves. In discussing the ques
tion of time before full citizenship should be permitted,
Mr. Smith, of South Carolina, urging a longer term of
probation, asked : " What could he (the immigrant) know
of the government the moment he landed ? Little or noth
ing. How, then, could he ascertain who was the proper
person to legislate or judge of the laws ? Certainly, gentle
men would not pretend to bestow a privUege upon a man
which he Is incapable of using."
Mr. Jackson, of Georgia, said that he conceived the
present subject to be of high importance to the respecta
bility and character of the American name. The venera
tion he had for, and the attachment he had to, this country
made him extremely anxious to preserve Its good fame from
injury. " I am clearly of the opinion that, rather than have
the common class of vagrants, paupers, and other outcasts
of Europe, we had better be as we are, and trust to the
natural Increase of our population for inhabitants."
Mr. Sedgwick, of Massachusetts, was against " the Indis
criminate admission of foreigners to the highest rights of
human nature on terms so incompetent to secure society
from being overthrown by the outcasts of Europe. Be
sides, the policy of settling the vacant territory by immi
gration is of doubtful nature."
Mr. Sylvester, of New York, said : " It is neither for the
honor nor Interest of the United States to admit aliens to
the right of citizenship indiscriminately."

NEW ORLEANS RIOTS (SECOND REPORT) 155
These extracts sufficiently show the trend of the
thoughts of the fathers of the republic when they enacted
the law quoted above. It was clearly their Intent that
an immigrant admitted to the high estate of American
citizenship should be a person of character, of intelHgence
and honor, who so far appreciated the principles of our
government as to have become attached to the same and
well disposed to its good order and happiness.
A difficulty was encountered In determining upon whom
should devolve the inquiry as to fitness for citizenship.
The federal judges were few, and the places for holding
the courts widely separated. It was finally determined to
lodge this trust in the hands of the courts established by
the various States and Territories, In the beUef that only
honorable men would hold such positions, that they would
be thoroughly imbued with the spirit of the Constitution,
that they would guard well the sacred trust Imposed in
them, and that they would admit none to citizenship ex
cept those who were qualified as prescribed In the act con
ferring the power upon the local courts. When these
early legislators prescribed that " it shall be made to ap
pear, to the satisfaction of the court, that the applicant Is
qualified," they had In mind that each case should be In
quired into and established by competent proof In the
same manner that any other fact Is proven and established
in a court; that the appHcant should appear ready at every
point, by satisfactory proof, to sustain every proposition as
to his qualifications. They passed over from the federal
courts to the State courts a trust that the judges should,
as an act of judicial inquiry, ascertain that every person
admitted to the rights implied In citizenship of the United
States came up to the full standard.
The act of admitting to citizenship in one State is an

156 NEW ORLEANS RIOTS (SECOND REPORT)
act admitting a person to citizenship in aU the States. In
facty the act makes the applicant a citizen of the United
States. A wrong done In the administration of this law
in one place is a wrong done to the whole body of the citi
zens of the United States. The law as passed in 1802
was defective In not providing that the rights of the United
States should be represented and guarded. While the
framers of this law clearly foresaw the evils of naturaliz
ing improper persons, they little dreamed that this trust,
confided to the judiciary of the States and Territories,
would be betrayed and disregarded by the men who would
occupy these honorable positions. They presumed that
the judges conducting such proceedings would be imbued
with the spirit of Americanism, that they would guard
jealously and without fear or favor the rights of the whole
United States. Had they foreseen the shameless, reckless,
and criminal disregard of this duty that has prevailed in
this country in many courts in recent years, no such power
would have been lodged with the judiciary of the States
and Territories. While there have been numerous judges
who have conscientiously and faithfully executed this
trust, the great part of naturalization has taken place be
fore judges who have recklessly disregarded the faith that
was placed in them, and who have done more than any
other body of citizens to degrade and bring Into contempt
that which should have been sacred in their eyes. They
have brought the country to a peril that is menacing its
peace and prosperity, and causing more just alarm and
anxiety for the permanence of good government than any
other class of men.
No words of denunciation are strong enough to char
acterize this shameful breach of trust. No indignation is
too deep to be entertained against those who have per-

NEW ORLEANS RIOTS (SECOND REPORT) 157
petrated this great wrong. No language can describe In
all its enormities the methods that have been pursued to
reach this result. Time and the limits of this paper forbid
giving a detailed account of the methods by which this
crime against the American people has been perpetrated.
A few well-known facts give point and support to the
statement we have just made. In one year. In the city of
New York, there were naturalized over 68,000 people,
nearly the whole of this naturalization having taken place
within the months of October and November. Witnesses
and applicants were brought up and sworn In groups, and
the judge, without the slightest knowledge as to the char
acter and fitness of the person who was being admitted,
signed the papers, and the same were sealed by the clerk
with all the rapidity that they could possibly command.
Professional witnesses would swear to the character and
length of residence of applicants, without the slightest re
gard to who they were or from whence they came. Courts
have been held open from early In the morning until weU
towards midnight to carry out this great conspiracy and
crime against the American people. Thousands of citi
zens have been made almost Immediately after they had
landed in our port, who were unable to speak or write the
English language, whose fitness had been, in a pro forma
manner, sworn to by professional witnesses; and yet
judges, under the seal of the court, have certified that it
appeared to their satisfaction that they were persons of
good moral character, attached to the principles of the
Constitution of the United States, and well disposed to the
good order and happiness of the same.
The whole proceeding has been a rank offence against
the people of the United States, in which the chief offender
has been the judge before whom the proceedings have

158 • NEW ORLEANS RIOTS (SECOND REPORT)
been conducted. The same judges would spend hours in
settHng a controversy of but triffing importance between
two citizens. Insisting upon the most exact legal proofs as
to every material fact; and yet, when it came to the dis
charge of this higher and greater duty, which affects every
inhabitant of this country, they have been either utterly
oblivious to their duty or criminally reckless in the dis
charge of it. In determining a fact in a civil action, had
they pursued the same course that they did in determining
the facts as to citizenship, every one of them would have
been impeached and driven from the bench. It is to be
noted, to the everlasting credit of Louisiana, that as early
as 1844 It caused the Impeachment of Judge Eliott for
frauds committed by him between 1841 and 1844 in the
administration of the laws of naturalization.
The time has come to call a halt. If In the future
judges shall observe their duty and administer this im
portant law with the rectitude and judgment which per
tain to the discharge of their other judicial functions, it
will do something towards arresting the evil that now
menaces us from improper Immigration. We do not un
dertake to apportion between the political parties their
respective shares In this wrong. It is not a party question.
It is a question of our country and Its institutions.
It is important to-day to appeal to the judges to consider
well the oaths they have taken and to examine the law
that they are to administer, so that every certificate they
issue may be proof that they have, with an upright pur
pose and with a clear conscience, been judicially satisfied
by competent proof that every alien they naturalize has
the requisite good moral character, and Is attached to the
principles of the Constitution of the United States and
well disposed to the good order and happiness of the same.

NEW ORLEANS RIOTS (SECOND REPORT) 159
Any failure to come up to this high standard Is a faUure
to do a duty imposed upon them, and one that the people
have a right to demand they shall not shirk or evade.
If it shall be urged that this imposes upon them an amount
of work that they are unable to dispose of with their other
duties, it Is no answer to the demand we make upon them.
If applicants come in such numbers and at such times
that each case cannot be carefully and conscientiously in
vestigated, it is not the fault of the judges. It is high
time that the citizens of the United States have the benefit
of the doubt, where there Is doubt as to the fitness of a
citizen, and that he be rejected until there are time and
opportunity for the proper judicial investigation of his
claim. It Is not a matter of right that an alien be natural
ized, but It Is a favor conferred upon him when he Is fully
qualified and Is able to prove It In court by competent
legal proofs. Nothing is asked of the judges that it Is
impossible for them to do. It is possible for them to refuse
to act until they are judicially and legally satisfied In each
case as to the fitness of the appHcant. This the American
people now require of them.
The loss of some votes that might with propriety be
secured to aliens bears no proportion to the injury to the
country of admitting a mass of voters who are not entitled
to this high privilege. The patriotism, the conscience, and
the character of the judges should be above the pressure
of political parties and political bosses. Anything less
than that Is a departure from the manhood and Integrity
that ought to pertain to their high office. The responsi
bility for this criminal negligence cannot justly be shKted
to the shoulders of applicants for citizenship, nor is it
manly or just to place It upon those of the political heeler
or manager who Is zealous for the success of his party

160 NEW ORLEANS RIOTS (SECOND REPORT)
or candidate. To the immigrant, if he can secure citizen
ship, it is an advantage, for it confers upon him certain
rights and dignities that are desirable for him to possess ;
but to the people of the United States it is of the highest
importance that an unworthy person, who, by character
and education, is totally unfitted to take part in our gov
ernment, shall be excluded. It Is for this purpose that a
judge, standing between an aHen and the United States,
is selected to pass upon the question, having due regard
to the rights of the alien and of the United States. For a
judge to fail to adjudicate upon this question with the
same conscientious faithfulness with which he would de
termine any other question of fact before him would be
an offence against the people of the whole United States.
While our naturalization laws, K properly administered,
would go a long way to check the evil that we are consider
ing, they still need radical revision and change. An appeal
should be made to Congress to enter into the examination
of this important question, and, so far as the enactment of
law can effect the object, provide that hereafter no such
crime shall be committed against American citizenship as
has disgraced our history in the past. This question ap
peals to Americans of all parties, and with the same force
to those naturalized citizens who have intelligently and
worthily become part and parcel of our country as to those
who are native born. It should not be considered from
a partisan point of view. There should be an uprising of
a great people, without distinction of parties, whose voice
would be heard and listened to by the representatives of
all the parties. The evil is one that pertains to the body
politic. We may all differ and classKy ourselves as Re
pubHcans and Democrats, but on this particular question
we should know no party, no North, no South, no East,

NEW ORLEANS RIOTS (SECOND REPORT) 161
no West, but should all stand together as American citi
zens to protect our common heritage. There will be party
leaders in both parties who will Imagine they see certain
advantages or disadvantages In opposing the demand for
the revision of the naturalization laws, and who will trim
and pose accordingly; but If they can be made to under
stand that the American people are a unit on this question
of the revision of the naturalization laws, there Is no party
or body of legislators who will not give a respectful hear
ing to the American people. '
One important fact should be noted in considering this
subject. The right of citizenship is not the same as the
right of suffrage. In seventeen States and Territories the
right of suffrage is conferred upon aHens who have only
declared their Intentions to become citizens. In such cases
the State has lost control of the question of the fitness of
electors who are foreign born.
The remedy for this difficulty is not in the federal gov
ernment. Each State has the power of conferring suffrage
within its own jurisdiction. None but citizens should have
the right of suffrage. Good faith between the States re
quires that this should be the common rule of all the
States. In about fifteen States electors for President,
Vice-President, and representatives in Congress can be
voted for by aliens who have only declared their intentions
to become citizens, and so it may come to pass that un
naturalized foreigners who may never become citizens may
determine who shall be President and Vice-President and
vrho shall have control of the House of Representatives.
This question should receive the serious and immediate
consideration of those States who have conferred this ex
traordinary power upon aliens.
The revision of the naturalization laws we are contend-
11

163 NEW ORLEANS RIOTS (SECOND REPORT)
Ing for will not help the case of these seventeen States and
Territories which have so unwisely, as it seems to us,
cheapened the right of suffrage.
Your committee have given consideration to a method
of appeaHng to Congress, irrespective of party, and beHeve
that a petition circulated throughout the land and endorsed
and approved by all classes of good citizens, native and
foreign born, will be listened to, and that a proper and
effective revision of these laws will be made.
New York, AprU 28, 1891.

GOVERNOR DAVID B. HILL'S STEAL OF THE
SENATE OF THE STATE OF NEW YORK
Recent events in the poHtlcal history of this State have
been of such an unusual and extraordinary character as
to demand a careful and critical examination. The feeling
is universal that a great wrong has been committed against
the people of the State by the seating of three senators
who were not elected by the people of their respective
districts. Somehow the laws have been evaded or swerved
from their ordinary course In such a manner as to cause
consternation and alarm in the minds of law-abiding citi
zens. The work has been so deftly done that few have
stopped to analyze the process and see where the laws have
been violated, but all know and feel that there has been
a violent and extraordinary result produced by those high
in authority, a result never contemplated by the founders
of our Institutions, and a result not in accordance with the
usual working of the same.
The questions are asked on all hands, What is our gov
ernment worth ? What Is to become of the ballot-box and
of our system of government If such results can be lawfuUy
worked out within the pale of the Constitution and the
laws ? Are all the bulwarks of government that have been
so carefully reared for more than one hundred years
crumbling to their fall ? Are we travelling with acceler
ated speed toward that anarchy and confusion that always
follow the assumption of unlawful powers by those high
in authority?

164 GOVERNOR HILL'S STEAL OP THE STATE SENATE
An examination of a few of the fundamental axioms
upon which the American system of government is
founded will enable us to point out with certainty the
author and chief promoter of this wrong.
First and foremost, the ballot-box is the recognized
medium for the expression of the wIU of the people. The
purity of the ballot-box is the chief cornerstone of our
system of government. Hamilton said :
" The fabric of the American empire ought to rest on
the solid basis of the consent of the people. The streams
of power ought to flow immediately from that pure original
fountain of all legitimate authority."
It Is only in this way that a free people express their
will. At all events this is our only way. This final
verdict has been in theory, and ought to be in fact, con
clusive as to rulers. Heretofore the greatest solicitude
of IntelHgent and patriotic citizens has been to secure an
honest vote and an honest count. It has generally been
regarded that the greatest peril to our system of govern
ment has been the difficulty of getting from the people
an honest vote and an uncorrupted return of the same.
Numerous laws and devices have been framed to guard
well the ballot-box. The result has not been satisfactory.
Never, until after the late election, has it been supposed
In this Empire State that that result could or would be
changed by those high in authority.
Suddenly and unexpectedly we are brought face to face
with the alarming fact that State officials of the highest
standing could find ways and means to reverse the result
of the ballot-box and were willing to commit this political
crime. This Is a new and unexpected result, one not
naturally flowing out of the American system of govern-

GOVERNOR HILL'S STEAL OP THE STATE SENATE 165
ment; and the process should be examined carefully by
every lover of his country, irrespective of party affiHation,
to discover who are the authors and perpetrators of the
crime. The founders of our republican form of govern
ment knew well the propensity of unscrupulous men,
clothed with authority, to usurp power not conferred upon
them, and to warp and twist all laws from their true mean
ing to compass personal and partisan ends.
The people gave power to rulers with great caution and
reluctance. They had studied deeply and carefully the
political history of all nations that had preceded them.
They understood perfectly that unrestrained ambition,
cupidity, and usurpation were the causes that had wrought
the ruin of nations; that the allurements of power have
always been the menace of the liberties of the people.
Madison said:
" It will not be denied that power Is of an encroach
ing nature, and that it ought to be effectually restrained
from passing the limits assigned to It."
While the founders of the republic knew that a govern
ment is necessary, they provided a system of government
with limited powers in their rulers, with checks and bal
ances to prevent usurpations. They provided a written
Constitution, guarding the people's rights at every point.
The fundamental Idea of the American system of gov
ernment Is that it shall be divided into three grand divi
sions — the executive, the legislative, and the judiciary.
It was intended that each should be absolutely Indepen
dent of the other. This principle is Imbedded In the
scheme of the Constitution of the United States and in
the constitution of each of the several States.
Madison says that It Is a " political maxim that the

166 GOVERNOR HILL'S STEAL OP THE STATE SENATE
legislative, executive, and judiciary departments ought to
be separate and distinct. No poHtlcal truth Is certainly
of greater Intrinsic value or is stamped with the authority
of more enlightened patrons of Hberty."
Jefferson said:
" The concentration of these powers in the same hands
is precisely the definition of despotic government."
Again, Madison, after discussing the effect of this sepa
ration in preserving the liberties of the citizen, said :

" For this reason that convention which passed the
ordinance (the Constitution) laid Its foundation on this
basis, that the legislative, executive, and judiciary depart
ments should be separate and distinct."
Six of the States that adopted constitutions after the
Revolution, expressed this distinction in one form or an
other in their several constitutions. The most pointed
instance was that of Massachusetts. The declaration of
principles in that constitution has been continued without
change to this day, and is as follows :
" In the government of this commonwealth the legisla
tive department shall never exercise the executive and judi
cial powers, or either of them; the executive shall never
exercise the legislative and judicial powers, or either of
them ; the judicial shall never exercise the legislative and
executive powers, or either of them ; to the end that it may
be a government of laws and not of men."
At another time Madison said :
" But the great security against a gradual concentration
of the several powers in the same department consists in

GOVERNOR HILL'S STEAL OF THE STATE SENATE 167
giving to those who administer each department the neces
sary constitutional means and personal motive to resist
encroachments of the others. The provision for defence
must in this, as in all other cases, be made commensurate
to the danger of attack."
Hamilton, in discussing the same subject of the three
great divisions of power, says :
" The judiciary, on the contrary, has no influence over
either the sword or the purse, no direction either of the
strength or of the wealth of society, and can take no active
resolution whatever. It may truly be said to have neither
force nor will, but merely judgment, and must ultimately
depend upon the aid of the executive arm for the effica
cious exercise of this faculty. This simple view of the
matter suggests several Important consequences. It proves
incontestably .that the judiciary Is, by comparison, the
weakest of the three divisions of power; that it can never
attack with success either of the other two; and that all
possible care is requisite to enable It to defend ItseK
against their attacks."
Professor Bryce, in his great work entitled "The Ameri
can Commonwealth," in discussing the doctrine of the
limited powers of the executive, says:
" This Is a consequence of the English doctrine that all
executive power is strictly limited by the laws, and is,
indeed, a cornerstone of EngHsh liberty."
He further says, when discussing the American system
of government :
" Each organ of government — ^the executive, the legis
lative, the judiciary — Is made a jealous observer and re-

168 GOVERNOR HILL'S STEAL OP THE STATE SENATE
strainer of the others. Since the people, being too numer
ous, cannot directly manage their affairs, but must commit
them to agents, they resolved to prevent abuses by trust
ing each agent as little as possible, and subjecting him to
the oversight of other agents who will harass and check
him If he attempts to overstep his instructions."
The English people point with pride to the fact that
executive usurpations were practically stamped out be
tween the time of the Norman Conquest and 1688, when
English liberty was established upon the rock of strict
constitutional limits to executive power.
The abuse of executive power was the thing dreaded by
the founders of the republic. They had studied deeply
the history of nations that preceded them. They exerted
all their ingenuity and ability to guard and limit the
powers of the people's servants when placed in authority,
as the only way of preserving the liberties of the people.
A capital offence by David B. Hill, while governor of
this State, pending the controversy over the late election,
was his unwarrantable Invasion of the proper domain of
the judiciary. It is not claimed nor pretended that he
exercised judicial functions, as such, in a technical sense ;
but the proper domain of the judiciary may be invaded in
various ways. Anything which thwarts and defeats the
working of that part of our system is a dangerous usurpa
tion and is revolutionary.
We have the unusual spectacle of three senatorial seats
occupied by men claiming to represent their respective
districts, no one of whom received a majority or a plurality
of the votes of his district. So far as those districts are
concerned, the verdict of the ballot-box and the voice of
the people have been ineffectual. Others than the people

GOVERNOR HILL'S STEAL OF THE STATE SENATE 169
of the district have named and designated the senators to
occupy those seats.
The situation after the election was, in brief, as follows :
There were seventeen Republican senators elected by the
votes of a majority of the electors In their respective dis
tricts ; fourteen Democratic senators were, in Hke manner,
elected in their respective districts, and one Independent
senator, making a total of thirty-two senators. The consti
tution provides that " a majority of each house shall con
stitute a quorum to do business." Seventeen senators are
a quorum. The problem presented to the Democrats was
how to secure three Republican seats, so as to increase
their number of senators to seventeen — just a quorum.
Threats were made against a number of districts, but as up
to date they have taken possession of only three, the 15th,
the 25th, and 27th districts, these are the only districts
we shall refer to in this paper.
In the 15th district, commonly known In this contro
versy as Senator Dean's district, a majority of the super
visors, acting as a canvassing board, threw out for friv
olous reasons enough Dean votes to elect Osburn, the
Democrat. The county clerk refused to sign the false re
turns. The supervisors appointed a clerk pro tern., by the
name of Mylod, who signed the false returns, and the same
were forwarded to Albany, and thus an apparent return
from Dutchess County got on the files in the State offices.
While the Supreme Court was proceeding with the in
vestigation of the case In the usual manner. Governor HIU
removed the clerk of Dutchess County and appointed one
subservient to his will. The judicial determination of
the controversy was in favor of Dean. Then came the
struggle to compel the clerk appointed by Governor HIU
to sign and forward the true returns, as determined by

170 GOVERNOR HILL'S STEAL OP THE STATE SENATE
the court. Finding no way of escape, the clerk mailed the
returns to Albany on the afternoon of December 21st,
and, hearing of a stay, he immediately followed to Albany
and had an interview with Governor HiU at about seven
o'clock on the morning of December 22d, and asked the
governor what he should do. The governor referred him
to Maynard, as counsel for the State Canvassing Board.
Soon after that, and at about nine o'clock that morn
ing, Maynard took one copy of the true returns from the
Comptroller's Office. Rice, the secretary of State, dehv
ered a copy of the true returns In his office to the county
clerk, and an office boy in Governor Hill's employ al
lowed the county clerk to take from the governor's table
a third copy, all of which copies were carried away by the
county clerk of Dutchess County, who had applied to Gov
ernor Hill at seven o'clock that morning for direction In
the new situation. It has since been judicially decided
that these three true returns were a part of the lawful
files of the State at the time they were removed.
The situation then was that the former false returns
remained alone on the files.
Turning now to the 25th district. Peck, the Republican,
had a fair majority of 373 votes. In some of the election
districts the clerk had sent ballots intended for one district
to another district. This was held to be a fatal error by
the Court of Appeals. Whole districts were disfran
chised, so that about fifteen hundred electors had no voice
In electing their senators. It chanced that the RepubH
cans were in the majority In the disfranchised districts,
and Nichols, the Democrat, got the seat to which Peck
was elected.
Going now to the 27th district, Sherwood, the RepubH
can, was elected by about 1,700 majority. The returns

GOVERNOR HILL'S STEAL OP THE STATE SENATE 171
sent to Albany showed him elected, but he was ineligible
by reason of holding another office.
Coming now to the State Canvassing Board, let us see
how they managed their part of the drama. They had
no difficulty In the 25th district In giving to Nichols, the
Democrat, the seat to which Peck, the Republican, was
elected. No blame can attach to them for this act under
the decision of the Court of Appeals, however unjust It
was to the district to have a man seated to represent them
who was never elected.
The effect of this was to raise the number of Demo
cratic seats from fourteen to fifteen and reduce the Repub
lican seats to sixteen. The Democrats were still two seats
short of the coveted quorum of seventeen senators.
The State Canvassing Board had returns before them
showing a Republican elected by over 1,700 majority in
the 27th district. Knowing that they had nothing to do
but to canvass returns, and could not go behind them to
consider Sherwood's eligibility, they refused to give a
certificate to anybody. The effect of this was to take from
the Republicans one seat, reducing them to fifteen, but did
not for the time being give the Democrats a seat.
In fact, for the time being, and pending the organization
of the Senate soon to take place, that seat was vacant.
The Dutchess district, the 15th, was the pivotal district.
A true and honest return had been made under the orders
of the court; It had been duly sent under the orders of
the court, and arrived in the rooms of the governor,
the secretary of State, and comptroller; and it was just
here that the convenient tool appointed by HIU as clerk
of Dutchess County had performed the Important and
delicate act to consummate the scheme to deprive the
State of its chosen senators, the details of which are stated

172 GOVERNOR HILL'S STEAL OP THE STATE SENATE
above. It would have been awkward for the State can
vassers to have disregarded the true returns from Dutchess
County, had they been on their files at the time they were
making their canvass. After the conference of the county
clerk with Governor Hill that morning In Albany, these
true returns all disappeared, being taken from the State
offices by the clerk of Dutchess County, thus defeating
all the efforts of the judiciary to determine who was elected
In the 15th district, and the State canvassers canvassed
the false returns that bore the judicial stamp of fraud and
gave the seat to a Democrat. This gave the Democrats
sixteen seats, the Republicans fourteen seats, and one
Independent Republican. Thus closed the State canvass
ers' work. When the Senate assembled there were thirty-
one senators and one vacancy — Democrats sixteen. Re
publicans fourteen, and an Independent.
The Independent voted with the Democrats to organize
the Senate. The Senate Immediately filled the vacancy
in the 27th district with the Democrat, who lacked over
1,700 votes of being elected, and the coveted quorum of
seventeen Democratic senators was secured and the Senate
made soHdly Democratic.
An honest administration of the law called for a new
election In at least two of the districts, the 15th and the
27th; In the 15th because of the death of Dean, and In
the 27th because of the ineligibility of the man elected.
There were numerous actors In this drama of political
crime, and It is not possible, within the limits of this paper,
to discuss all the phases of the conspiracy and to point out
the part which each actor performed.
It was possible and proper, touching the legal status
of these three several districts, to have disposed of them
through the action of the judiciary, without the interven-

GOVERNOR HILL'S STEAL OP THE STATE SENATE 178
tion of the governor, in the proceedings being carried on
by the judges. Judge Gray states, in his opinion in the
Rice case, that :
" The constitution provides for elections by ballot, and
the legislature enacts laws respecting such elections and
prescribes the mode of declaring and certifying the result.
For the settlement of contests over elections courts exist,
with adequate powers to investigate the causes of com
plaints, and for that end to take proofs and to adjudge
accordingly." While this legal and constitutional method was pro
gressing in the Dutchess district. Governor HIU, In a sum
mary and extraordinary way, removed from office the
clerk of Dutchess County, and placed In power a man sub
servient to his will. He knew that the court was then
investigating the election controversy at that place; that
it had ample power to examine and adjudicate upon the
rights of the contestants, and to cause that judicial deter
mination to be transmitted in due form to the proper au
thorities at Albany. Fearing that this result might not
be satisfactory to himself, the governor removes the for
mer clerk and appoints as clerk a man whom he could and
did afterward use to defeat and thwart the judiciary. It
was Governor Hill's acts, by his appointed clerk of
Dutchess County, that prevented the judicial determina
tion in that district ripening In the ordinary course into
a final determination In favor of the election of Dean as
senator, and without Governor Hill's intervention the pres
ent incumbent. Walker, could never have taken his seat
in the Senate.
In the Onondaga district, while the court was proceed-

174 GOVERNOR HILL'S STEAL OP THE STATE SENATE
Ing to maintain its dignity and to enforce obedience to
its orders by punishing, by fine and imprisonment for
thirty days, a supervisor for contempt of court in not
sending back returns for correction. Governor Hill again
showed his contempt for the judiciary by immediately
pardoning the offender against the authority and dignity
of the court, so that his Incarceration did not exceed two
hours. While It is true that in the Onondaga district the acts of
Governor HIU did not in the sequel lead to so important
results as in the Dutchess district, that does not soften in
any manner nor abate one Iota from the gravity of his
offence in Interfering with the judiciary.
Wherever there were legal proceedings In this contro
versy the hand of Governor HIU was seen to defeat and
thwart those proceedings whenever and wherever they
were supposed to be adverse to his interests and to the
interests of his party.
He seems to have a great regard for judicial decisions
in his favor, but great contempt for judicial decisions that
are against his schemes. The regard he expresses for
the decisions in his favor does not count for that true re
gard for the judiciary which is due from the executive for
an Independent and coordinate branch of the government.
Our charge Is not that he thwarted and defied all judicial
decisions. The gravamen of the charge is that he thwarted
and defied some of them.
The very thing which the fathers of the repubHc tried to
prevent has happened in this State, through the interven
tion of Governor Hill. He has disturbed that balance
of power which Is essential to the working of a govern
ment of laws for a free people. He has made the govern
ment of this State, in the substantial language of the con-

GOVERNOR HILL'S STEAL OP THE STATE SENATE 175
stitution of Massachusetts, a government of men but not
of laws.
It Is a serious matter when an ambitious man, high in
authority, thwarts and defeats the ordinary processes of
the courts and robs the people of the sacred right of choos
ing their own rulers. It is an offence which ought not to
be overlooked by a free and self-respecting people.
It Is not claimed that Governor Hill performed every
act which brought about this wrong. Many men of dif
ferent grades were cooperating with him, and it would
take a history of considerable length to detail the acts of
each person. The purpose of this paper Is to focalize the
attention of the public upon the acts performed by Gov
ernor Hill, that their attention may not be diverted to acts
performed by his co-conspirators. Without his active par
ticipation In the great crime it would never have been at
tempted. Governor HIU Is responsible and. chargeable
with the whole wrong. No one man performs every act
in a conspiracy. Different parts are to be performed by
different persons. When we see several persons doing
different things In a conspiracy, but all acting In harmony
to produce a result, which result Is finally consummated,
the conclusion is Inevitable that each one understood the
part the other was to perform. Each actor is held respon
sible for the act of the others, and is chargeable with the
knowledge of the parts the others are to play. It Is par
ticularly so of a leader in a conspiracy. When a leader
boldly and vigorously performs his part, which completes
the whole conspiracy, he cannot escape the charge of being
a guilty party to the conspiracy in all its parts. Men co
operating for a general result cannot escape the odium of
conspiracy by pointing to somebody else as having per
formed some of the acts. It was by the acts of Governor

176 GOVERNOR HILL'S STEAL OP THE STATE SENATE
HIU and those associated with him that at least two of the
three seats are now occupied In the Senate by persons not
chosen by a majority or a plurality of the voters In those
districts. The final consummation of the political crime came
when the State Canvassing Board canvassed the fraudu
lent returns in the Dutchess County case, well knowing
that there were then in existence true returns that gave
the seat to Dean. The members of the board may live long
enough to repent of the great crime, but they will not live
long enough to remove the stain from the fair reputations
they had possessed before this crime was committed.
Charity for them can go no further than to hope that they
did not appreciate the enormity of their offence against
the American system of government and against the
American people. The shame and the humiliation of this
is a part of the history of the State of New York. It will
be dealt with hereafter by the people as a serious political
crime. It Is a matter of solemn import to the people. If
It shall become established as a part of our political history
that the fruits of the ballot-box shall be snatched away
from the people by those high In authority as their rulers,
then elections are a farce, and the government becomes the
spoil of ambitious partisans who may be clothed with
power. It is of the highest importance that we turn back and
contemplate the system of government founded by the
fathers of the republic, and study and ponder deeply the
principles upon which It is based, before it is too late to
rescue that system from destruction. This matter comes
home with peculiar force to the people of the State of
New York. The shame and degradation are ours.
In a larger and broader sense it is important for the

GOVERNOR HILL'S STEAL OP THE STATE SENATE 177
people of the United States to study well and carefully
the character and conduct of Governor HIU while acting
as governor of this State. He is now posing as a candidate
for President of the United States. The people of the
United States should calmly and deUberately determine
whether they are prepared to entrust the government of
these United States to a man who is so regardless of the
principles upon which our form of government is founded.
It is not too much to say that such a man is a dangerous
man to entrust with power, where that power can be reck
lessly used to promote his ends and defeat a coordinate
branch of the government.
It is not believed that the Democratic party have yet,
as a whole, ceased to love and revere the institutions of
our country. In this State there is a large body of them
who are sensitive and who have resented the Innovations
of Governor HIU in a simple matter of party usage^in
calling a State convention — showing that they appreciate
the dangerous effects of transgressing, even In party usage,
the practices and rules of a party. How much greater,
then, is the offence of this man in bending all the great
powers of a governor of a State to the work of defeating
the verdict of the people at the ballot-box, and Injuring
and impeding the progress of the courts of the State while
Investigating contested claims arising under the laws of
the election? While we admire the spirit of those Demo
crats who resent the usurpations of Governor HIU in the
routine of party politics, It would have been a pleasing
spectacle, and one creditable to those who were assembled
at Cooper Union, If they had taken occasion to devote a
part of their time to the arraignment of Governor Hill
for his invasion of the domain of the judiciary. It would
have shown them not only to have been loyal partisans in
13

178 GOVERNOR HILL'S STEAL OP THE STATE SENATE
their party, but also devoted lovers of the Institutions of
their country. It is unfortunate that those who protested
against the conduct of Governor HIU as a politician should
have laid themselves open to the suspicion that they were
wiUing to avail themselves of the benefits of his wrongful
acts without condemning him for his offences against the
ballot-box and judiciary.
Washington, in his first inaugural, said : " The destiny
of the republican model of government is justly considered
as deeply, perhaps as finally, staked on the experiment
entrusted to the hands of the American people."
The question of the hour is, Do the people of this State,
and of the United States, possess sufficient patriotism and
love for our American system of government to defend
It from such encroachments upon its fundamental prin
ciples as have been made upon them by Governor Hill ?
We, therefore, recommend the adoption of the
following :
Resolved, That this club accepts and adopts the fore
going report as the report of the club.
New York, February 23, 1892.

HAWAIIAN ISLANDS
The great Importance of the Hawaiian Islands to this
country Is in danger of being lost sight of by the public.
There was an intuitive appreciation of their Importance
and a general approval of their acquisition when the op
portunity to do so first presented itself. The delay in rati
fying the treaty recently negotiated between the United
States and the commissioners of the provisional govern
ment of the Islands Is causing no little anxiety in the minds
of those who have considered the subject carefully.
The question presents itself in two aspects : first, as to
the benefits their acquisition will be to this nation, and
second, as to the menace it will be to us to have their con
trol fall into the hands of another nation. These two
questions may well be considered together in the few sug
gestions we make by way of argument in favor of their
acquisition. All the facts of the situation are not indis
putably known to the public, but enough is known to safely
lead a prudent mind to the conclusion that the time is now
ripe for the annexation of the islands, and that such an
nexation is very desirable for the United States. WhUe
we are dealing with a provisional government, it is a de
facto government recognized by substantially all the
civilized governments of the world. It is the only govern
ment on the islands. Whatever may be the right or wrong
of the overthrow of the monarchy, it is an accomplished
fact. Revolutions In governments seldom follow on the
strict lines of moraHsts. They are generally attended with

180 HAWAIIAN ISLANDS
some wrongs to somebody, and in the affairs of nations it
Is not the practice, nor Is It practicable, to go behind revo
lutions to inquire deeply Into the causes of the same, or
to attempt to make right any possible wrong that may have
been committed. Governments deal with recognized gov
ernments. If we acquire the islands it will not be by
force and conquest, but by the consent of two govern
ments empowered to deal with each other. Under such
circumstances, the acquisition of the islands will follow
the traditional policy of this government. Florida was
acquired mainly because it was not desirable to have a
Spanish colony located there. The Louisiana purchase
was made largely to prevent that vast territory falling
Into the hands of the British government. While the ele
ment of the value of these acquisitions weighed heavily
in the transaction, the question of territorial protection
was a great factor. The acquisition of the Hawaiian
Islands presents itself in the same dual light. In the
event of war it would be a menace to our interests and
possessions on the Pacific Coast to have them fall under
the dominion of any other power. In our late war we
had abundant experience with so-called neutral ports near
our Atlantic seaboard. The acquisition of the Islands will
be of great value to our growing commerce on the Pacific
Ocean in times of peace. Already our commerce on the
Pacific is menaced in many ways. No opportunity to
strengthen our hold upon the vast lines of trade that are
so rapidly developing there should be lost. Such chances
generally come but once, and, K lost then, may be lost
forever. The public mind has not risen to an appreciation of the
trend of events in these days in the matter of warfare.
We may safely rest in peace and feel secure from any

HAWAIIAN ISLANDS 181
army of men that may, under any circumstances, attack
us on land. No army could, from any possible source,
effect a lodgment here that we could not easily cope with,
but Is this the case in the event of an attack from the sea ?
No thoughtful man would dare for one moment to affirm
it. The navies of the world are slowly but surely increas
ing in power and efficacy. There is now no menace of at
tack apparent. Numerous arguments of the most forceful
kind, based upon policy and the self-interest of other na
tions, can be and are advanced against the probability of
a naval attack by any nation. Is it quite safe to rest in
peaceful security, depending upon right and justice, while
our Atlantic and Pacific coasts are vulnerable to attack
from the sea ? Should any opportunity be lost to add any
thing to their security that we can? Reason as we may
about the probability of such an attack, we are not safe
until we make ourselves secure in the event of an attack.
In the history of the world, when the time has been ripe
for startHng events, the movements have been rapid and
unexpected to the average observer. The men to lead the
movements have almost always sprung up suddenly from
obscurity. No one could have foretold the genius and
ambition of Napoleon ten years before all the thrones of
Europe were tottering to their fall. Four years was long
enough to raise our own Grant from obscurity to the rank
of the first captain of his age. The Franco-Prussian war
seemed to break out suddenly from trifling causes, with
startHng results. Because nothing seems likely to happen
to involve us In a great naval contest. It by no means
follows that such a contest may not come upon us. Im
portant international events may be ripening faster than
we think. Ambition and the love of glory may be smoul
dering now In the breast of an unknown genius of war.

182 HAWAIIAN ISLANDS
who and where we do not know. We may have to meet
the brunt of a blow from the sea, when we do not know.
No nation has placed such tempting prizes of rich cities
by the sea as we have, and left them unprotected. Let
any ambitious naval nation once get possession of our
chief seaboard cities, and they would sap our resources and
throttle our enterprises. No hamlet of our inland country
is so remote as not to suffer from such a calamity. Let no
one In this broad land say, " This question does not affect
me ; I am not on the seaboard." The inland parts of our
country have an interest in the question hardly second to
that of the seaboard. The whole country has a common
interest in this question, and all should look at it broadly,
with a view to probable coming events in this rapidly mov
ing age.
When Cato declared to the Romans, with repeated and
increasing emphasis, " Delendo est Carthago ! " it fired the
Roman heart, and the motto and war-cry of the army be
came, " Carthage must be destroyed ! " and Carthage was
destroyed and Its very foundations dug up. Carthage was
across the sea, more remote from Rome than many of
our cities are from powerful seafaring nations, when we
take into account the Improved methods of modern navi
gation. How long shall we hold out these tempting, un
protected prizes of rich cities by the sea, inviting the am
bition and cupidity of naval powers? Some progress has
been made within the last ten years in meeting this
condition of things, but It has been painfully slow, espe
cially In the matter of coast defences on the land. There
are already too many powerful naval stations near our
Atlantic Coast for our comfort. We should not repeat the
folly on the Pacific Coast that we have been guilty of com
mitting on the Atlantic Coast, of neglecting an oppor-

HAWAIIAN ISLANDS 183
tunity to secure, in the most substantial manner. Important
commercial advantages and a valuable naval station on
that coast. Our interests on the Pacific Coast will be much
better conserved by our annexing all the islands than it
possibly can be by a concession for a naval station on one
of the islands.
An objection has been urged to the annexation of the
islands that somehow it Is an Invasion of the rights of the
lately deposed reigning family and a wrong to them. The
appeal for the rights of a reigning family to rule a nation
does not have much force with an American. The In
herent and divine right to rule by any sovereign Is denied
by us. The right to be ruled by a sovereign. If desired
by the people of any nation, we recognize. When the
people throw off the rule of a sovereign. It accords with our
ideas of the people's rights. If a sovereign is deposed,
he is, like other human beings, unfortunate, from his
standpoint. In losing something he could not hold, but
that something was a thing he had no inherent right to
hold. When a people find it for their Interest to throw off the
incubus of a sovereign rule, to an American they are
simply asserting a right Inherent In the people to rule
themselves, and dislodging an unnatural and unjust claim
of an Individual.
An objection has been urged to the character of the
population upon the Islands as not a desirable population
to be Incorporated Into the body politic. There is not
much force in this objection. While It may be true that .
the population is such that it Is not desirable to confer
upon it the elective franchise, or to give the Islands a
voice In our national government; yet It is a fact that dur
ing our entire political history we have had abundant ex-

184 HAWAIIAN ISLANDS
perlence in the matter of government for people not repre
sented In the general government.
The District of Columbia and the numerous territorial
governments that we have had from time to time are illus
trations of the fiexiblllty and adaptability of our system
of government to the exigencies and facts of any case.
It will be easy to frame a government adapted to the best
interests of the Islands, if they are annexed, and time and
experience will develop the form of government best
adapted to their wants.
A further objection has been made to the acquisition of
the islands that there are certain private interests to be
conserved by the annexation, and especially that the sugar
Interest will be promoted by reason of the present laws
providing a bounty on that product. If we assume that
the motives of some of the promoters of the revolution are
not altogether disinterested, and that there are some pri
vate interests that they hope to conserve, the objections on
this score are worthy of but little consideration, for the
reason that the whole matter will be a subject of regulation
by Congress at some future time. If the provisions of the
treaty of annexation have not already sufficiently guarded
this point.
There seems to be no doubt that the interests of the
people of the Islands will be greatly promoted by annexa
tion to the United States, and there seems to be no reason
able doubt that in future years the interests of the United
States will be greatly promoted by the annexation of the
islands. Therefore, Resolved, That the Union League Club ap
proves of the annexation of the Hawaiian Islands, and
eamestiy recommends the ratification of the pending

HAWAIIAN ISLANDS 185
treaty between the commissioners of the provisional gov
ernment of these Islands and the United States.
Resolved, That it recommends to each senator in the
Senate of the United States that he use all honorable
means to procure the ratification of the treaty as a measure
of great and lasting benefit to this country.
New York, February 28, 1893.

ELECTIONS OF 1893
Important elections are about to be held in this and
other States of the Union. The Democratic party Is about
to ask for an endorsement by the people at the polls.
Every election in some measure reflects the sentiments
of the public as to the party in power In national and
State affairs. The present crisis In our affairs makes a
proper occasion for the presentation of practical sugges
tions for the consideration of the public.
These are not times when individuals, as statesmen or
leaders In parties, need be seriously considered. We do
not underestimate the Importance of able statesmen or
brUHant leaders on either side In the two great parties.
The IndivIduaHty of any person, however, plays a minor
part In the great controversy, except as It may contribute
to the triumph of the principles and policy of one party or
the other. A great leader may lead a great party to suc
cess; but while success may redound to his glory, the de
sirability of that success wiU depend entirely upon the
party behind him. The trend of the principles of the party
will finally be felt by the country. Good will not come to
this country from the triumph of a party whose principles
always lead to disaster.
It has sometimes been said by the friends of the Demo
cratic party that It has a " genius for government." The
facts of history would seem to establish that, on the con
trary. It has a genius for misgovernment. Democrats love
to refer to some of the fathers of the republic as the

ELECTIONS OF 1893 187
founders of their party, and point to that fact as evidence
of their respectability and ability to govern. It Is im
possible to match the principles of the fathers referred to
with the principles and policy of the Democratic party of
the last sixty years. All will agree that the Democratic
party governed the country for twelve years under Jack
son and Van Buren, from 1829 to 1841. At the end of
this era of government by Democratic genius, the country
was brought to a most deplorable state of distress. In the
midst of this distress the country voted to turn the party
out of power at the general election of 1840. From 1840
to 1852, the succeeding twelve years, the country voted
alternately for the Democratic and Whig parties, and the
country had a mixed policy and a mixed prosperity. From
1853 to 1861 the country had another long era of control
by the Democratic party. The result of that term of
power on the part of this party Is known by all. The
financial distress of 1857 was one of the events pertain
ing to it. The end of Buchanan's administration was
financial distress, a bankrupt treasury, and a threatened
civil rebellion. Such was the condition of the country
after eight years continuous Democratic control that the
people again turned them out of power. While out of
power the party opposed almost every important measure.
It embarrassed the government while putting down the
Rebellion; it opposed the constitutional amendments, the
resumption of specie payments, and many other most
salutary measures. Not until 1893, thirty-two years after
the Democratic party went out of power, was it again in
trusted with full power in the federal government.
The first term of President Cleveland was not a period
of Democratic control, because that party did not control
both branches of Congress and could not Impress Its policy

188 ELECTIONS OP 1893
on the country. That term was spent in administering
laws then on the statute books, placed there by the Repub
lican party. At the time of the last change of parties the
country was on the high tide of prosperity. Its condition
was unlike the conditions that prevailed when the changes
of 1840 and 1860 were made. Then, In each case, the
country was In the throes of agony from Democratic mis
rule. This time the change was made by a new genera
tion who had had no experience of the evil tendencies of
Democratic government. They seemed to look upon a
change of party In the government as a gala-day frolic, a
mere holiday outing, utterly obHvious of the tremendous
consequences to flow from such a mad frolic. Warnings
and arguments produced no effect. The Democratic party
was placed in power by an overwhelming vote.
This party seems to have a strange affinity for all the
odds and ends of political principles that spring up In vari
ous parts of the country. We have seen the Democratic
governor of a sister State pardon anarchists who had been
convicted of a foul crime against society, and the judge
and jury who tried them denounced by this governor In a
most shameful manner, as if the judge and jury were the
real criminals. While this party does not formally adopt
all these strange doctrines, yet the presence of these frag
mentary parties In the Democratic camp increases the
hosts of its voters at the polls. This does not make a har
monious party with which to carry on the government, as
Is well illustrated by the present position of affairs in
Washington. The immediate question of the greatest importance
to the country Is the repeal of the so-called Sherman
Bill. This law was placed on the statute books to re
lieve the country from the evils of the Bland Silver Bill,

ELECTIONS OP 1893 189
which was threatening to enguK the country in financial
ruin. Whether the Sherman law was a wise or unwise act at
the time may be a debatable question. It was thought
that It would arrest the continued coinage of silver, and
so, in a measure, meet the evils of the Bland Bill. Experi
ence, however, has shown that the necessities of the coun
try require its repeal. The President, in response to the
demands of the business Interests of the country, called
Congress In extra session to consider this one question.
Both branches of Congress being Democratic, harmony
would ordinarily be expected to exist In the legislative and
executive branches of the government; and yet what a
strange spectacle Is presented !
The first measure of this administration Is without hope
of being passed, except with the support of Republicans.
This administration, at Its very outset. Is powerless to
carry this measure with the votes of Its own party. The
Republicans must stand by the administration or it fails.
To-day, the sole hope of the country Is In the steady pa
triotism of the Republican minority In Congress.
While the present depression Is undoubtedly to some ex
tent due to the policy of purchasing silver on behalf of the
government, another factor of almost equal Importance,
and. In the opinion of many, of greater importance, is the
threatened changes In the tariff law.
What the Democratic party has been unable to do on the
silver question, and what it threatens to do with reference
to the tariff, has brought the country to Its present condi
tion, and is a good Illustration of the effect of Democratic
control upon the country. It is in harmony with Its his
tory when in power, and coincides with the results which
usually flow from Its advent to power. It does not seem

190 ELECTIONS OP 1893
a harsh or unjust conclusion, after three trials of Demo
cratic control within a period of sixty years, to hold that
the Democratic party lacks the capacity to govern the
country well, or that their principles of government are
such as to lead to inevitable disaster.
In our annual report, made to this club In January last,
we took occasion to say, referring to the tariff policy ad
vocated by Republicans :
" The record and history of this club have been one of
unfaltering support of this important and beneficent na
tional policy. No believer In this policy can have his be
lief In the same shaken by the temporary defeat which we
have sustained. The history of the country shows that
prosperity has always attended It when Its fiscal policy has
been framed on the lines of protection, and depression and
distress have followed when Its fiscal policy has been
framed on the lines of low tariff or free trade. Thirty
years of unparalleled prosperity is the record made by the
Republican policy. During that time a new generation
has grown up who have seen fit to be guided by theorists
rather than to follow the sure lamp of experience. Those
now living who have had experience of Democratic ad
ministration of governmental financial policy are compara
tively few. If the Democratic party applies to our fiscal
policy the principles It professes, this new generation
will soon have the experience that will enable it also to
appreciate the wide difference between Democratic and
Republican doctrine on the tariff. Assuming that the
Democrats In good faith apply the principles that they
taught, we may confidently look forward to a renewal of
the great discussion, when we will have not only our his
tory, but the then present experience, to illustrate and en-

ELECTIONS OP 1893 191
force the wisdom of protection to American industries as
the true American policy."
We do not at this time propose to discuss the tariff prin
ciples of the Democratic party. This club, during years
that have passed, has contributed its full share to that dis
cussion. We do not abate one jot or tittle from what we
have heretofore said on that all-important question. We
are now in the presence of a proposed practical applica
tion of the principle of our opponents, and the first effects
are upon us — ^manufactories seriously checked, business
prostrated, laborers either unemployed or employed at re
duced wages. Such are some of the effects that attend the
resumption of power by the Democratic party. While the
country Is suffering for want of legislation to give life to
its business and industrial interests, that party, true to
Its instincts, seems more intent to break down the safe
guards around the ballot-boxes, for party ends, than It Is to
promote the interests of business men and laborers. If
the federal election law needs amending in the direction
of guarding more carefully the ballot-box, that might
justify taking action at this time on that question; but
such a course is not good Democratic poHcy.
If we turn to the State we find the same party with a
" genius for government " In power in the State and
municipal governments; and what a spectacle — a ma
chine government where about six men direct the affairs
of the State ! A Democratic State Convention to nominate
officers Is a farce. Manhood and deliberation in selecting
candidates for offices have no place In their party councils.
We have witnessed the will of the people, declared
through the ballot-box, defeated by the great steal of the
senate of this State. This political crime was planned by

193 ELECTIONS OP 1893
the then governor and carried out by the assistance of
many high officials in the Democratic State government.
The law of the case, as decided by the courts, was defied
and disregarded. The very citadel of free government
was surrendered and degraded by those who should have
been its stoutest defenders. A sufficient time has elapsed
for party passions to have subsided, and intelligent citizens
ought to look at the great steal in its true Hght, as a colossal
crime against free government. We have witnessed the
non-partisan character of the Police Board of this city
changed to a Democratic partisan board. The legislature,
installed in power by fraud, has made the Boards of In
spectors of Elections In the city of New York Democratic
by reducing the number from four to three. These are
appointed by a Democratic Police Board, and two are al
ways, by law. Democrats, and only one can be a Republi
can; whereas, before, two were required to belong to each
party. We have seen this same legislature change the
charter of the city of Buffalo so as to give the control of
the city to partisan bosses.
The chief purpose of the leaders of the party seems to
be to break down all the safeguards around the ballot-
box as a means of perpetuating their power. The most
barefaced frauds have been practised for years by that
party in the Illegal naturalization of foreigners. It seems
to have lost all sense of the dignity and importance of
American citizenship. It wages constant warfare upon the
very foundation of free government by degrading the
elective franchise and defeating its results.
We have seen the State gerrymandered for party pur
poses; and, in some cases, so outrageously done as to call
for the interposition of the courts to correct the evil. We
have seen State taxes increased without corresponding

ELECTIONS OF 1893 193
benefits to the people. In municipal governments a few
bosses dictate everything. Men who a few years ago were
without visible means of support, and who have since ap
parently had only politics to do with, are now rolling in
wealth. A thoughtful, seK-respecting people should ask
themselves how can these things be? The party in this
State alHes ItseK with every interest that is antagonistic
to good morals and good government. It draws its suste
nance largely from such sources. If the present condi
tion of things is to go on, then virile patriotism and Ameri
can Institutions are In a process of decay.
There is one sovereign remedy for this state of things
in the nation and In the State — ^stalwart manhood at the
ballot-box. If those who voted for a change last fall just
to have a " change " are stUl satisfied, then they should
vote to continue the Democratic party In power. If those
who have voted with the Democratic party for State and
municipal officers are satisfied, they, too, should continue to
vote as they have. A change of men of the same party will
do no substantial good. Experience has demonstrated this.
It is the trend of the party and the application of its prin
ciples that does the mischief. No man is strong enough
to resist successfully the force of his party. Parties are
like great armies, all marching in the one direction. Indi
viduals in the parties may be better or worse in particular
cases, but all march together In the same direction. The
number of persons who hold office as compared with the
great body of the citizens Is small, and it is not very mate
rial who the Individuals are who hold them, so far as the
emoluments go; but all are equally interested in good gov
ernment and its results. It Is this latter consideration that
makes it so vitally important that the voter should study
the poHcy and trend of a great party. Political theories
13

194 ELECTIONS OP 1893
are weU to discuss, but they must all be brought to the
final test of experience. Those whose business and wages
have already suffered enough to teach the true inwardness
of Democratic government we can advise to vote that
party out of every place of power within the reach of
their ballots. The defeat of that party in any contest wUl
be salutary. It will dislodge the representatives of the
party from places of power, as preliminary to the great
contest to wrest power from the party in Washington,
which will come later. Another most important effect of
voting against the Democratic party will be the influence
It will have In Washington. Even a congressman is sensi
tive to public sentiment, and K he finds that the people
have learned something what the " change " means, he
will be Hkely to moderate his zeal in applying the declara
tions of the Chicago platform so as to further depress the
industries of the country and lower the wages of the
laboring men.
Every citizen authorized to cast a baUot ought to have
an opinion as to the wisdom of Democratic government
and express it at the ballot-box. If he is sure the change
is for the good of the country, let him vote accordingly.
If, however, it has dawned upon him that the change In
parties to control the affairs of the government was a mis
take, he can begin the work of rectKyIng the error of last
fall by voting against the representatives of the Demo
cratic party this fall.
Resolved, That this club declares its adherence to the
principles and policy of the Republican party as best con
ducive to the happiness and prosperity of all classes of
citizens. Resolved, That the policy of the Democratic party leads

ELECTIONS OF 1893 195
to the prostration of business and industrial interests and
the lowering of the wages of the laboring men, with aU
their attendant evils.
Resolved, That It is the duty of intelligent American
citizens to wrest political power from this party by voting
against its candidates for office, and all Republicans should
be diligent In using every honorable means to secure the
defeat of the Democratic party at the polls.
Resolved, That the nomination by the Democratic party
of Isaac H. Maynard as a candidate for the Court of Ap
peals shocks the moral sense of the people of this State.
It Is a bold attempt to secure approval of the great crime
against the elective franchise, and should be resented by
all Intelligent citizens.
Resolved, That this club approves the platform of prin
ciples adopted at the Syracuse Convention and heartUy
endorses the candidates nominated by that convention.
New York, October 7, 1893.

MUNICIPAL REFORM
At a meeting of this club held on the 9th day of Novem
ber last, Mr. Charles Stewart Smith presented to the club
the following resolution, which was unanimously adopted :
Resolved, That the Committee on Political Reform be
requested to report at the next meeting of the club whether
or not, in the judgment of the committee, it is desirable
for this club to lead any movement by which an attempt
shall be made to unite all good men, without reference to
poHtlcal affiliations, in the one issue of good government
for this city; and, if so, to formulate a plan therefor.
This resolution was presented without the previous
knowledge or concurrence of your committee, and the
movement, therefore, does not originate with the commit
tee. Your committee has approached the consideration
of the subject, oppressed with its magnitude and impor
tance. The task of reforming our municipal government
is herculean, and requires the best wisdom and the best
abilities of the best citizens of the city. Municipal govern
ment in all the large cities In this Union has generaHy
been perverted for plunder.
The fathers of the republic founded a system of free
government. The Ideal that they projected was simply
perfect for self-government by the people and for the
people ; yet, strangely enough, the system has been a dis
mal failure in municipal affairs. Many attempts have

MUNICIPAL REFORM 197
been made to rectify the evU and to lead the people out of
the clutches of the plunderers who have seized and hold
municipal governments for their private gain. Many men
have been led to give up in despair and say that the
American system, as applied to cities, is a failure. They
have often declared that the evil is of such a nature that
It cannot be eradicated. In all other respects the Ameri
can system has worked reasonably well, and with as Httle
friction and as little fraud as pertain to any system, taking
human nature as it Is.
The questions presented are : "Is the foul blot of munici
pal fraud and municipal bad government so deeply seated
that it must remain forever? Is it beyond the reach of
intelligence, virtue, and Integrity ? " If so, this cancerous
growth upon the body politic will ultimately and surely
undermine the whole system of government.
We are not among those who believe the evil, gigantic
as it is, beyond cure. The evil manifests itself in different
forms in different cities, but In Its results it has generally
been disastrous In every city. The difficulty does not per
tain exclusively to either of the great parties known as
the Republican and Democratic parties. Whichever party
Is In control of a city Is almost sure, sooner or later, in
one form or another, to develop the same evil. In this
city it so happens that, the Democratic party being In
control, the evU mamfests ItseK more clearly In that
party. The scope of the resolution and the purpose of this re
port are to deal with the evil in the city of New York.
It Is useless and unnecessary to portray all the evils of
our city government. They are known by all InteUigent
citizens. The press and the pulpit have declaimed against
them with a vigor and persistency that are entitled to all

198 MUNICIPAL REFORM
commendation ; and yet, somehow, the condition of things
does not Improve.
The chief head and front of the offender are found in
a benevolent organization known as the " Tammany So
ciety " — an organization. In Its inception, never intended
for the purpose to which it has been debased. It now as
sumes to itself the functions of guiding and organizing
the poHtlcal movements of the Democratic party in this
city. Justly considered, in Its action it performs none
of the functions of a poHtlcal party. Its methods are not
democratic, but autocratic. Its results are plunder, fraud,
and the debasement of the American system of govern
ment. It Is simply and only, so far as Its managers are
concerned, a business corporation or combination of indi
viduals for private gain and public plunder. It has seized
upon all the offices of the city, and controls, through
legal machinery, the magnificent annual resources of the
city, amounting to about $34,000,000. It also derives an
enormous revenue from its system of assessments upon
officers and employees of the city, from the highest to the
lowest. It Is hard to account for the sudden and enormous
wealth of many of the managers of that organization upon
any other theory than that there is in vogue a relentless
system of plundering the city, the citizens, and the em
ployees of the government.
To administer the trust of disposing of revenues amount
ing to about $34,000,000 requires the agency of the high
est order of talent and integrity. The charge is not that
all of this money is misappropriated. The gravamen of the
charge is that some of it Is misapplied. It is in vain for
Tammany magnates to point out the good work they do.
Tweed and his fellow-conspirators could justly do the same
thing. The demands of good government are that all,

MUNICIPAL REFORM 199
not a part, of the pubHc money shall be properly appro
priated with the same integrity with which well-conducted
private enterprises are carried on.
The Tammany Society aids and abets the most gigantic
frauds upon the ballot-box, and finds In these frauds its
buttress and bulwark. Wherever vice is reeking and
ignorance prevails, there is found the chief support of the
organization. In proportion as vice, crime, and Ignorance
prevail In the vilest and most degraded portion of our
city, in the same proportion does the strength of Tammany
increase. Without this support It cannot exist.
One of Its methods of holding power consists in cun
ningly devised schemes to keep separate and apart honest
citizens, so that at each succeeding election it can come in
with Its hordes of Ignorance and corruption, and capture
the control of the city. It has found not a few in the Re
publican party who have been willing to either run or not
run for office, or to deliver or not deliver votes, for the
sole purpose of promoting the success of this band of
plunderers. The game of poHtics has been so played by the con
spirators and enemies of good and honest government as
to keep absolute control of the city government. We can
well believe that, as they have played their game, they
have exulted with glee at the thought that honest citizens
and lovers of good government have gone helplessly and
almost foolishly to the polls, year after year, nullifying one
another's votes by voting a ticket labelled either Repub
lican or Democratic, while they, in the background, with
their forces of Ignorance, vice, and corruption, have cun
ningly kept their hold upon the city.
It is time to throw off this disgraceful burden. No man
of intelligence who has given the subject the slightest

200 MUNICIPAL REFORM
thought has ever doubted that the vast majority of the
electors of this city are honest and desire a clean, able,
and honest government, and that they have the power, K
they will exercise it, to produce this result.
One of the favorite arguments that has been urged and
repeated time and again in both parties has been that it
is necessary for the good of a party to keep the same
party organization In city matters; that to abandon the
national and State party organization in city matters for
the sake of the city and support a reform city ticket would
demoraUze the respective parties on national and State
issues. We think this Is entirely fallacious and will not
bear examination. Neither the Republican nor the Demo
cratic party by ItseK, as a national or a State party, exists
or can Hve one minute for the benefit of the city of
New York. National questions and State questions are in
no way related to or dependent upon the character and
Integrity of the city government. Men may justly differ
in their opinions upon the tariff, upon currency, upon
banking, upon silver, upon interstate commerce, upon
foreign relations, and upon a multitude of questions that
pertain to the national parties, and may unite for the pur
pose of a good city government.
It is not easy to see what connection there is between
the tariff, the silver question, and the affairs of the navy
and other kindred subjects, and the building of docks,
opening and paving of streets, extending the waterworks
of the city, putting out Its fires, or poHcing the city, and aU
other matters pertaining to the government of the cor
poration of New York. We see no reason why men should
surrender their personal views upon national and State
issues because they cooperate for a pure city government.
In fact, the city of New York Is not a nation or a State,

MUNICIPAL REFORM 201
but It Is In reality a corporation created for the benefit of
the citizens, and In many respects like other corporations,
although on a larger scale.
It is weU known that aU these organizations are con
trolled and managed by men of different political views.
In selecting these men the question is never asked as to
their views on the tariff, banking, silver, foreign relations,
or any other question pertaining to the government of
the nation, or as to any questions touching the govern
ment of the State. They cooperate and co-work with the
perfect understanding that they have diverse poHtlcal
views and that they surrender none of them by such co
operation in these various corporations.
Even in business co-partnerships men of diverse parties
work together without regard to their affiliations with
either party. The employees of these Institutions are
never selected because of their connection with one party
or the other, or by reason of their efficiency as party man
agers or " heelers." The sole and only question Is and
should be, " Are they competent and quaHfied to fill and
discharge the duties of the position In the corporation that
employs them ? " It would be looked upon as an outrage
K the officers and managers of these corporations were to
annually and regularly assess the employees, from the
highest to the lowest, for the purpose of promoting the
prosperity of a poHtlcal party. The corporation of the
city of New York, as a business corporation, should be
run and managed upon the same principles that any other
weU-managed corporation is conducted.
In cooperating as we have Indicated, it should be dis
tinctly understood that no man surrenders or abates in
any way or manner his affiliations with the poHtlcal party
of his choice; that upon national and State Issues every

203 MUNICIPAL REFORM
citizen may take his position under and align himseK with
the party of his choice, and his reasons for doing so or his
activity in that party should not be subjects of question
within the domain of a reform party for city government.
If such a result can be obtained it wUl tend to purKy both
parties. It will remove the foul stain of corrupt municipal
government from American institutions, and will demon
strate the wisdom of our fathers in estabHshing the basis
of our government as they did. It will no longer be said
that in all other respects the system was rightly conceived
and properly adapted, but that It is not adapted to munici
pal government. The occupation of men who follow poli
tics for a business will be gone.
The recent elections are full of hope and promise. It
has been demonstrated that, when honest citizens unite,
the powers of corruption and fraud can be driven from
high places. With unity and vigorous action the task will
be an easy and successful one. Both parties, as national
and State parties, will remain in the field, contending for
the principles they espouse, and will succeed or fail as
they shall succeed or fail in impressing their respective
views upon the voters. Activity for a national or State
party In any legitimate way by an individual should be a
personal privilege unaffected by reason of such person's
affiHations with the movement we suggest. The same free
dom of poHtlcal action should remain to each individual
as now remains to them when cooperating for business,
benevolent, or social purposes. No man should be dis
qualified for holding office in this city because he is active
either as a Democrat or as a Republican.
Municipal government in this city is worthy of the best
efforts of Its citizens to rescue it from the spoilers and
plunderers. The questions for each citizen to ask himself

MUNICIPAL REFORM 203
are : " Is it wise, is It good judgment, to leave the city
government a football In the poHtical contests over na
tional and State matters? Should I hesitate to do my
duty here, for fear such action may have a remote in
fluence upon these other issues ? " This noble city is
worthy of an effort to purify its government. By such an
effort good government for the nation and State will be
promoted, and American Institutions and the American
system of government will be purified and vindicated.
Nothing will be lost to the nation or State, and every
thing will be gained for the city.
As preliminary and necessary conditions for securing
a reform city government, a change should be made in
the ballot law, by having a just and fair blanket ballot.
If separate municipal elections are not secured, it should
provide for voting, without trouble to the elector, a city
ticket unembarrassed by a national or State ticket. Pro
vision should be made to exclude congressmen. State sen
ators, and assemblymen from the city ticket.
The non-partisan character of the Police Board should
be made mandatory by law.
The non-partisan character of the Boards of Election
Inspectors should be reestablished.
The municipal election should be separated from the
national and State elections.
The power to make appropriations at Albany that im
pose taxes should be taken away, and all city appropria
tions should be made by the municipal government. Then
the voters would be brought face to face with the men
who impose unjust taxes, and they would see to It that the
character of the men they vote for Is such as to justify
their confidence.
At this time It Is of the first importance that the hands

204 MUNICIPAL REFORM
of the men who are engaged in the prosecution of offend
ers against the election laws should be sustained, not only
by the moral support of this club, but by its material aid.
Nothing would tend so strongly to promote reform in this
city as the punishment of these old and habitual offenders
against the purity of the ballot-box.
The plan proposed is not based upon the idea of opposi
tion to Tammany alone. Nothing Is gained by ousting the
present government only to make place for another gang
of plunderers and spoilsmen. This club will not know
ingly be a party to such a movement. The central idea
of the movement should be good and honest government
in the interest of the city, its taxpayers, and citizens.
It will be observed that the purpose of the plan out
lined by your committee Is to sever absolutely, and as
completely as possible, State and national issues from the
vote on municipal affairs. For this reason we do not
recommend cooperating In electing senators and members
of the assembly. Their functions and duties lie entirely
outside of and beyond the scope of the purposes of this
movement. This Is especially and notably true every few
years, when the election of a United States senator Is pend
ing. We are not unmindful of the desIrablHty of procur
ing a better class of representatives for the city, but we
recommend that these offices be left for reform by such
methods as the representatives of parties may apply within
their respective parties. For the same reason members
of Congress should be excluded from the scope and pur
pose of the proposed cooperation. Here, also, the elector
will wish to express his preference on national policy.
The plan proposed can only succeed by the union of the
vast body of citizens of the city, irrespective of party
affiliations. Neither can it succeed without the powerful

MUNICIPAL REFORM 205
support of the Independent press of the city, whose power
to arouse public sentiment was so splendidly illustrated In
the late election. We earnestly bespeak the cooperation
and support of the press In this effort to sever municipal
government from national and State Issues.
In this work the club will cooperate with any existing
organization, or any that may be formed, for the purpose of
rescuing the city f roin the hands of those who now control
its destinies, provided it can be done on a truly non-parti
san basis. It fully appreciates that this is a herculean
task. The spoilers have fastened their fangs upon the
city and wUl not be dislodged easily. It is only by united,
persistent, and organized effort that there can be any hope
of success. If public sentiment can be properly aroused,
united, and marshalled, the triumph will be easy. No one
then need apologize for the deplorable state of things in
the city, but all who unite in this work will be proud of
the city government and proud that they have taken part
in the great reform.
The city is full of earnest, honest young men who will
be glad to rally to the standard of reform and take part
In organizing and carrying forward the work, if only the
hope can be held out that It is a permanent reform; that
it means a revolution and a reversal of the history of the
government of the city; that it Is no ephemeral movement,
but a reform inaugurated to be carried on until the war
ends and victory crowns with triumph. Then It will be an
honor to be nominated for an office and an honor to hold
and fill an office. Young men may then very properly,
with self-respect and sterling manhood, seek for promo
tion, knowing that to hold a city office will be a decora
tion. It should be a badge of honor to hold an office,
rather than a badge of disgrace and slavery. Proper

206 MUNICIPAL REFORM
ambition for office should be commended rather than
checked. This club occupies a proud position as an exponent of
the principles and policy of the Republican party. Under
no circumstances will it surrender its position or agree to
abate its activity for the maintenance of the principles of
that party in national and State affairs. It does not believe
that In cooperating with the citizens of this city for the
purpose of rescuing the city from misrule its power or
influence on national and State affairs will be in the sHght-
est degree Impaired. Neither do we ask that any other
political organization shall surrender one Iota of its activity
in promoting the views it may maintain upon all other
questions. On those questions we will go before the peo
ple differing as heretofore, and seek their approval of
the views we respectively entertain with the same earnest
ness and unabated vigor, notwithstanding we join hands
and join forces for the purpose of good government in the
city. The question of reform in this city Is liable to be greatly
influenced by the action taken In the Constitutional Con
vention and by legislation at Albany, and it is Impossible
to forecast what that will be. If separate municipal elec
tions shall be secured the outcome may be the formation
of a permanent city reform party. Irrespective of all party
affiliations in national and State affairs. If such shall be
the result It will be well. The time is not ripe for the con
sideration of that question.
This club, as a club, is not adapted by its organization
to lead In such a movement. Its traditional policy is not
to take part in party organizations. Besides, its well-
known political character would foredoom any movement
of that kind of failure. The members of this club as

MUNICIPAL REFORM 307
citizens may properly unite with other citizens in such a
movement, and K such a movement should be inaugurated
and should appear to lead the way to a truly non-partisan
city government, undoubtedly this club would give cordial
support to such a ticket.
The present attempted reforms within the Republican
and Democratic parties will no doubt have an Important
and far-reaching influence. These movements will be
closely watched by the best citizens of both parties, and it
may be that a genuine reform government will be evolved
through those organizations. The citizens are In no tem
per to be trifled with in this matter. Reform in the city
government is demanded, either within the old party Hues
or by a disregard of them In city matters.
Your committee, with a full sense of the great respon
sibility that has been placed upon them, and with a full
appreciation of the importance of the subject, submit this
report for the thoughtful consideration of the club and
the citizens of this city generally, and recommend the
adoption by the club of the following resolutions :
Resolved, That the Union League Club ratlfles and
adopts the foregoing report of its committee.
Resolved, That, within substantially the lines indicated
by this report. It pledges Its hearty support and coopera
tion to all associations, political organizations, and indi
viduals who may join In the effort for the election of a
city ticket to secure a non-partisan reform government
for the city of New York. That If a union of the citizens
of aU parties for municipal reform shall be effected and a
genuine reform ticket shall be nominated. It pledges its
hearty support to such ticket.
New York, January, 1894.

BENJAMIN HARRISON CAMPAIGN
In the pending political contest going on in this country
the centre of the battle is the fiscal policy of the govern
ment. The Republican position on the tariff question is
that. In levying Impost duties to support the government,
they should be so levied as to promote domestic Industries.
This policy Is popularly known as a protective tariff policy.
The platform adopted by the Democratic party declares
that the " federal government has no constitutional power
to enforce and collect tariff duties except for the purposes
of revenue only." The Issue between the parties, assum
ing that It Is the purpose of the Democratic party to obtain
this revenue from imposts, is, therefore, reduced to one
of two methods of getting the revenue — one a strictly
revenue tariff, and the other a protective tariff.
It is admitted on all hands that the primary purpose of
impost duties Is to raise the money necessary to support
the general government. The most vital function of a
government is the power to raise money for its support.
A government's existence depends upon its possession of
this power, and the exercise of the power must go on or
the government will fail. Whatever difference of opinion
there may be as to forms of government, all have this
cornerstone In common. Political economists may differ
as to the method of raising the money, but all agree as to
the basis upon which the political structure we call a civil
government must stand. There are but three sources,
with trifling exceptions, known to civilized countries, from

BENJAMIN HARRISON CAMPAIGN 209
which to derive revenue, and those are either impost duties
(commonly caUed tariff duties), export duties, and Intemal
taxes, or direct taxation In some form. Export duties form
no part of the fiscal policy of this country and need not
be referred to again. Statesmanship in financial matters
has to deal with the method of raising the necessary
moneys to carry on the government. It Is the statesman's
duty to point out the place or places from which, and pro
vide the means by which, the collection of the money can
be enforced. The political economist may very properly
point out the best method of raising the money so that
the burden may fall as lightly upon, and be distributed
as justly among, the people as possible ; and, therefore, the
statesman should be a political economist.
For the fiscal year terminating June 30, 1891, the
United States Government raised from impost duties
$219,522,205. It raised from Internal revenue $145,-
689,249. The post-office receipts were $65,931,785.
From other sources about $27,000,000 were raised, mak
ing the total receipts of the government for that year
the sum of $458,544,233. For the purposes of this dis
cussion we shall only deal with the customs duties, stated
in round figures at $220,000,000, the amount received for
the fiscal year terminating June 30, 1891, as reported
by the Treasury Department at the opening of Congress
in December, 1891. This Is approximately the sum re
quired each year to support the government. It Is prob
able that a smaller sum of customs revenue will be re
ported to Congress next December. As to the doctrine of
protection herein contended for, it will be the same what
ever that sum may be. We take the last official report
made to Congress as the basis of our paper.
In dealing with this sum we shall assume that the Demo-
14

210 BENJAMIN HARRISON CAMPAIGN
cratic party Intends, in good faith, to raise it by impost
duties, and that it proposes to levy it somewhere upon
foreign products landed in our ports. While it is un
doubtedly true that the Democratic party has a vast body
of free-traders who are trying to educate the people into
the doctrine of free trade. It Is not nominated in the Demo
cratic platform that such is the Intention of the party;
and, for the present, they cannot object that we assume
a bona fide intention on their part of continuing im
post duties to secure at least that amount of revenue.
Such being the fact, it becomes vitally important to
the business Interests of the country to know with cer
tainty what it is that they mean to tax in order to raise
this money.
There is no difference in the quality of the money that is
turned into the Treasury by an impost duty, whether it
comes from a duty so levied as to protect American indus
tries or a duty levied for revenue only, regardless of our
industries. If one is a tax upon the consumer, the other
is also a tax upon him. They are precisely aHke in that
feature of the question. The burden of it as a tax must be
carried upon one shoulder or the other.
Revenue reformers and philosophers are constantly
talking about a protective tariff as if it were a tax for the
benefit of a favored class, which they call the manufac
turers. Such an assertion Is untrue In fact, as they well
know. The impost Is not for the benefit of the manufac
turers, so far as raising money Is involved. The impost
is for the support of the government, and to enable it to
perform its functions without levying a like amount in
some other form upon the people ; and the question comes
down, in Its final analysis, whether, on the whole, this
method of taxation by imposts so levied as to promote our

BENJAMIN HARRISON CAMPAIGN 311
Industries does not promote the general prosperity in a
higher degree than any other mode of taxation.
Among the powers conferred upon Congress In the Con
stitution is the power " to lay and collect taxes, duties,
imposts, and excises." There is no limitation as to the
purposes for which duties and imposts shall be laid, but
they are required to be uniform throughout the United
States. The framers of the Constitution understood that
there were two purposes of " duties and imposts " — one
was to raise revenue, and the other was the protection of
manufacturers. The second act of Congress, passed im
mediately after the opening of the first session, which act
was signed by George Washington, declared that " it Is
necessary, for the support of the government, for the dis
charge of the debts of the United States, and for the pro
tection of the manufacturers, that duties and imposts be
laid upon imported goods, wares, and merchandise."
Here we have the dual purpose declared by the men
fresh from the Constitutional Convention. One was to
raise money, the other was to protect manufacturers.
These purposes were to be affected by duties laid on " im
ported goods, wares, and merchandise." It is in the nature
of the case that an impost upon what we can produce must
act In some degree to protect them. These consequences
must flow from any tariff except one levied upon things
we cannot manufacture or produce. No one has as yet
advocated a tariff so limited.
The Republican doctrine of a protective tariff accepts
this secondary effect of promoting our industries as an
effect of the greatest public beneflt.
As often happens in the affairs of life, the secondary
effect in many cases becomes of greater Importance than
the primary object. If, as a result, revenue in some par-

213 BENJAMIN HARRISON CAMPAIGN
ticular cases is lessened by reason of the increase of the
domestic manufactures, experience has shown that the
country has greatly prospered as the consequence. The
primary purpose of the tariff and the secondary effect of it
must stand or fall together.
One of the purposes declared in the preamble of the
Constitution is to " promote the general welfare." The
body of the Constitution gives power to Congress to " pro
vide " for the " general welfare." If the general welfare
is promoted by a protective tariff, it is within the terms
and scope of the Constitution as appHed and defended by
its founders. The wisdom of continuing an impost is a
question of good or bad policy for political economists and
statesmen to consider, after carefully studying the effect
of an impost law, both as to its primary purpose and sec
ondary effect of protection. The doctrine of a protective
tariff involves the two purposes of raising revenue and the
protection of our industries by duties and imposts.
The phrase " revenue tariff " is the most elastic and in
accurate phrase that ever crept into the political history of
this country. Its inexactness consists in this, that it does
not express a certain policy. It is elastic enough to em
brace a protective tariff, for the revenues of a protective
tariff are precisely the same as the revenues from a reve
nue tariff In so far as they go towards the support of
the government. A revenue tariff may be a good pro
tective tariff, or it may be a very bad protective tariff, and
yet produce the same results in furnishing money for the
government. The people are in no mood, when such vast interests
are at stake, to accept phrases for facts, and platitudes for
clearly defined policy. This phrase " revenue tariff " had
its greatest virility for political juggling in the great de-

BENJAMIN HARRISON CAMPAIGN 213
bate on tariff policy between 1840 and 1850. Its uncer
tainty enabled it to do duty in manufacturing States like
Pennsylvania and the New England States as a protective
tariff, and to do duty in the South and West for a non-
protective tariff. What the people now desire to know is.
Do the Democrats propose to raise this money by imposts
upon substantially the same articles that the Republicans
are raising it upon, or do they propose to raise It by Im
posts upon other articles? If upon other articles In gen
eral, what articles do they propose to levy the duty upon ?
If the reformers will develop their ideas as to where they
propose to levy these Imposts to raise this $220,000,000,
the business Interests of the country can then study the
problem of Its effect upon those interests. Until they go
further than to proclaim that they propose a " revenue
tariff," they are justly chargeable with concealing their
purposes and deceiving the public.
It Is an easy matter to formulate a revenue tariff which
shall furnish to the country $220,000,000. It is of vital
importance to know upon what subjects these imposts shall
be levied. A revenue tariff could be easily framed that
would furnish this money by taxing tea, coffee, sugar,
crude rubber, and a multitude of other articles that must
be imported into the country, and It would fall strictly
within the definition of a revenue tariff. The Democrats
have never yet agreed upon a definition of the phrase
" revenue tariff." Formerly they used to be pressed to
the wall for a definition, and in some Instances it was de
fined to be the business of the government to raise money
In the most convenient and economical manner for the
government, regardless of the manufacturing Interests of
the country. Do they mean that to-day? If they mean
to levy it so as to promote American industries, then it is

214 BENJAMIN HARRISON CAMPAIGN
essentially a protective tariff, the same In principle as that
contended for by the RepubHcans. Differences of opinion
may arise In special cases as to the amount and subjects
of taxation, but essentially a revenue tariff which pro
motes American industries is a protective tariff. A rev
enue tariff which disregards American industries may be
a most excellent revenue tariff so far as mere revenue
goes, and produce precisely the same support for the gov
ernment that a protective tariff does, but may be very
destructive to the industrial interests of the country.
If the Democrats do not propose to levy their revenue
tariff so as to promote American Industries, then it is
fair to presume that they propose to levy It disregarding
those industries. They will then be practically upon the
basis of a revenue tariff such as was contended for by
many of the speakers and writers between 1840 and 1850.
That the present tariff raises revenue for the support of
the government is not the point of attack on the part of
the Democrats. That It performs this function efficiently
and well they must concede. And so far there seems to be
no good reason why It Is not just as good a revenue tariff
under which to support the government as any tariff that
they could frame. This tariff performs all the functions
of a revenue tariff, furnishing just about the right amount
of money for the needs of the government which should
be derived from this source.
The question Is, Do the Democrats mean, in good faith,
to raise by impost duties $220,000,000? There can be
but two answers to this — one is that they do, and the other
is that they do not. If they do raise the $220,000,000
they must raise it by some method which will promote our
industries or by a method which disregards them. The
first method Is simply and purely a protective tariff, and

BENJAMIN HARRISON CAMPAIGN 215
the debate over the great subject immediately descends
to a question of detail as between the respective industries.
Here there Is a field for wide difference of opinion, and
the result will be, as it always has been where interests are
so diversified, extending over our great country, with a
population of sixty-three millions, that many compromises
will have to be made before any tariff can be agreed
upon. If they do not propose to raise the entire sum by Im
posts, but to reduce the amount of money collected on
imported goods, this Is Important to be known. There is
but one other source for them from which to furnish sup
port to the government, and that Is to reestabHsh many
of the vexatious and unpopular kinds of direct Internal
taxation that were In vogue during and subsequent to the
war period. The field of internal taxation Is pretty well
worked at this time to support our State, municipal, and
local governments, and the people are not anxious to see
the tax gatherer for the general government asking for
a further sum for its support. It is not yet made clear to
them that it is desirable to change the traditional policy of
this government. Since Its formation this policy has been
to seek support from impost duties whenever a sufficient
sum could be realized, from that source.
The Republican principles are clear, clean-cut, and
easily defined. The Republicans without hesitation de
clare their intention to raise this revenue by impost duties ;
that they do not propose to enlarge the number of sources
of internal direct taxation from which revenue may be de
rived ; that they do propose to levy these Imposts so as to
promote, rather than depress, our industries. However
the wisdom of a particular impost may be debated, the
broad principle remains precisely as we have stated it.

216 BENJAMIN HARRISON CAMPAIGN
and upon this principle we are willing to submit our posi
tion to the verdict of the people.
If the Democrats do not propose to promote American
industries in raising the revenue, it Is not very unfair to
assume that the definition given of a revenue tariff as one
that raises revenue, regardless of its effect upon domestic
industries, is the principle upon which they go before
the people. On this basis It Is difficult to explain the fierce
attack that they have made upon many of the provisions
of the McKinley Bill. If the McKinley Bill raises reve
nue, why should not the Democrats at least be Indifferent
to the question whether it does or does not promote Ameri
can Industries ? One of the most amazing and unaccount
able, and in some aspects amusing, Incidents of the dis
cussions on the part of the reformers Is the terrible on
slaught that has been made upon the provision in the Mc
Kinley Bill imposing an impost upon tin plate. Certainly,
If American industries are not to be promoted, but reve
nue is what Is sought. It is just as well to derive revenue
from that source as from any other. The protectionist
claims that this provision will operate, within a reasonable
time, to transfer to this country a most important and
valuable industry. The revenue reformer and free-trader
denies this proposition. Let us look at It In the two aspects.
It either will do it or it will not do it. If it will not do It,
the Impost will certainly go on turning revenue into the
government, performing the functions of a revenue tariff,
and so render good service for the support of the govern
ment. The only question, therefore, which would seem
to be pertinent to the issue as to the propriety of this Im
post would be whether It Is an unjust tax on the people.
If It is a tax carried as lightly as any other, why should
not a revenue tariff embrace this impost? If it is a tax

BENJAMIN HARRISON CAMPAIGN 217
carried more lightly than many others, it certainly serves
a most useful purpose.
In the light of the brief experience we have had under
that impost, it is a fact worth noting that the great body
of the consumers have paid nothing by way of an advance
in the price of their tin utensils or canned goods. For
the truth of this we can appeal to every householder and
every housewife in the land. For the service that this Im
post renders as a revenue measure, it is certainly entitled
to the commendation of a revenue tariff man. It may be
that it has received this just meed of praise from this
class of writers, but if it has it has escaped our observa
tion. It ought also to be a comfort to the reformer to
know that the people are paying no advance on their tin
ware or canned goods by reason of this Impost ; so that the
impost has furnished revenue without burdening the con
sumer. This feature of the operation of this impost ought,
in common justice, to have received the commendation
of the revenue reformer. How the burden of the Impost
has been adjusted as between the tin-plate manufacturer
and the manufacturer of tinware and tin cans ought not
to interest the reformer very much, for these people are
only manufacturers, and, upon the theory of the revenue
reformer, they are not entitled to much consideration at
their hands. The reformer's whole burden Is unjust taxa
tion upon the consumers. Taxation which does not rest
heavily upon consumers should be, from their standpoint,
ideal taxation, and such seems to be the character of the
impost upon tin. If, on the other hand, this Impost, while
doing this beneficial work of furnishing revenue for the
government, should operate, as the Republicans contend
it will, in transferring to this country this Important in
dustry, as hundreds of other Industries have been trans-

218 BENJAMIN HARRISON CAMPAIGN
ferred under a like policy, widening the field of labor,
what particular harm Is done to the country? We feel
confident that the people will look on with approval while
this process is going on, even though the theories of the
reformers go down before the irresistible logic of the fact.
It may be hard on the theorists, but they will only suffer
one more defeat in the same line of the many defeats they
have suffered during the last forty years. Theories have
always had to go down before the logic of facts, and no
class of theorists have ever had to suffer so many defeats
in that way as the free-traders and tariff reformers of this
country. According to the theories of the free-traders and
tariff reformers, if the protective tariff Is removed from
industries that we can prosecute In this country, the cost
of the article will be cheaper to the consumer. This is
the whole burden of their argument. If the facts of our
experience justified their conclusion it might present a
grave question as to the wisdom of continuing impost
duties In this country. Many considerations, such as the
effect of free trade in destroying fields of labor, would
still remain to be considered. Experience shows that the
theorists are wrong as to the effect of a protective tariff
on prices to consumers. It may be put down as a general
proposition, established by the experience of the last forty
years, that whenever the foreign manufacturers have had
our markets, the consumer has paid higher prices for his
goods than he has paid after our domestic industries were
established under a protective policy. Upon this point we
may chaUenge the experience of the great body of the con
sumers throughout the land. Let them refiect in their
own mind upon the prices formerly paid by them for vari
ous articles in every-day use and the prices they now pay
for the same articles and they will be convinced. If there

BENJAMIN HARRISON CAMPAIGN 219
are any exceptions to this rule, they are so rare as not to
abate from the force of the rule as a general proposition.
The exceptions, if any, will generally be found to be in
luxuries. The Instances which Illustrate this are innumer
able. Explain It as the reformers may, steel rails, carpets,
crockery, glassware, table cutlery, silks, silk ribbons, dress
goods, watches, steel wire nails, linseed oU, soda ash, steel
hoops, cotton ties, and numerous other articles of a kin
dred nature in common use, embracing almost all the wants
of the people, are purchased every day by the consumer
at a lower price than they were furnished to us by the
foreign manufacturer before our own industries were able
to enter the field in competition with the foreigners. This
is all wrong, according to the theorists ; but somehow the
fact stands out in our experience, which leads to the con
clusion that the theorists left out, in their calculations,
some important elements. We suspect that they do not
give due credit to the cupidity and love of gain of the
foreign manufacturers. At all events, we know of no
experience In this country which justifies us In giving up
our home markets — the best in the world — ^to the manu
facturers In foreign countries, for the purpose of getting
goods for domestic use at a lower rate than we can
get them with our own manufacturers in the field as
competitors. The fact that a rival nation greatly desires another na
tion to pursue a certain policy raises a strong presumption
that that desire is a selfish desire. Our greatest rivals in
this conflict of interests are the manufacturers of Great
Britain. Their desire that we should change our tra
ditional fiscal policy is intense. No one knows how intense
it is who has not travelled In England and conversed
with the leading and business men. Nothing could occur

220 BENJAMIN HARRISON CAMPAIGN
throughout the world that would afford such unbounded
joy to the English public as the success of the Democratic
party in the election of Grover Cleveland, because it would
mean the abandonment of our fiscal policy. If the change
of our policy were In their hands to make, whether you
call it " free trade " or " revenue reform " it would be
accomplished Immediately.
The question that arises at once in the mind of a wary
man is whether this Intense desire on the part of Great
Britain for us to change our policy Is for the good of
England or for our good. A sagacious business man would
be likely to suspect that It was a selfish desire on the part
of the English, and not a benevolent wish to promote our
prosperity. If he looks carefully Into the policy of the
English Government for more than one hundred years
past, he will find that wherever it has sought to influence
foreign nations, whether by persuasion, diplomacy, or gun
powder, it has always been with a single eye to British
Interests. We are second to none In our admiration for
the sturdy enterprise and sterling individuality of that
nation ; but we cannot shut our eyes to the fact that wher
ever she has by any means imposed her policy upon an
other nation it has always been to sap the resources of that
nation for her own benefit. She has not been able even
to hold all her own colonies to her own free-trade theories,
for they have discovered that their prosperity has been too
much prostrated by a policy which has built up England's
greatness. It Is a singular fact that the Democrats, reformers, and
theorists who are seeking to break down our traditional
fiscal policy in this country are working exactly in har
mony with, and upon the line desired by. Great Britain.
The American people, if they are wise, should be very

BENJAMIN HARRISON CAMPAIGN 221
slow to believe that such policy is for our benefit rather
than for the benefit of the British Empire. Admiring as
we do the sagacity and force of that great people, we
earnestly protest against adopting their policy, which was
in vogue in this country before the American Revolution,
and practically In vogue after the Revolution until our
Constitution was adopted. We prefer rather to stand
with Washington, Adams, Jefferson, Madison, and Mon
roe, who had experienced the effect of British policy upon
our trade and industries, and who established, with our
Constitution, the principle of protection to American in
dustries and defended the same during their Hfetime.
Free trade is essentially a British policy. It is soft
ened and modified by the phrase " revenue reform " so
as to make It palatable to the American people ; but it is
none the less a distinctive policy, antagonistic to the
American policy of protection under which we have flour
ished, whenever that policy has been in vogue, for more
than one hundred years. The nation that consents to re
duce Itself to be a producer of food and raw materials for
a manufacturing nation Is from that moment a vassal of
the manufacturing nation.
The policy of reciprocity In certain lines of foreign
products Is one of the latest developments of Republican
statesmanship. It Is too soon to determine the full effect
of this policy, but the Democrats, with their usual prompt
ness, denounce it a " sham." In what particular It is a
" sham " they do not declare officially. No one pretends
that It has injured our foreign commerce. Every one
knows that it has opened or enlarged numerous foreign
markets for many millions of dollars' worth of our farm
products and manufactures. The only thing that the
Democratic party has been consistent In for more than

222 BENJAMIN HARRISON CAMPAIGN
thirty years is Its steady and uniform denunciation of
every measure brought forward by RepubHcan statesmen,
regardless of the merits of the measure. The Democrats
have had no particular line of principles that they have
adhered to, except that they have always been ready to
put themselves in front of Republican progress and de
nounce it.
Finally, they denounce the protective tariff as uncon
stitutional, forgetting apparently that the framers of the
Constitution were all in favor of a protective tariff, and
that the second bill signed by Washington declared In so
many words in favor of a protective tariff policy. That
circumstance, however, did not seem to weigh much with
the Democrats at Chicago. When they found the Repub
licans adhering to the principles of the fathers of the
republic, they promptly took their normal position of op
position to the Republicans, and also of the opposition to
the founders of the republic.
Republican statesmanship has built up the best system
of currency this country has ever known. The dollar of
one section is as good as the dollar of any other section.
All the movements of trade and travel throughout this vast
country run as smoothly as do the business and travel of
the British Empire, based upon the Bank of England notes.
The limits of this paper forbid the discussion of the evils
of Issues of State currency. Every man in the land who
handled money before 1861 had experience of the losses
and annoyances of that kind of currency. It is difficult
to account for the passage of the resolution in the Demo
cratic platform at Chicago in favor of repealing the tax
on currency issued by State banks, except upon the theory
that here they found a monument to the wisdom of Re
publican statesmanship, and that, to be consistent with

BENJAMIN HARRISON CAMPAIGN 223
their record, they must put the party in opposition to it.
In fact, opposition to, and denunciation of, RepubHcan
measures has been the lode star of the party, regardless
of the merits of a measure. Yet, in the presence of aU
the din and noise of denunciation. Republican statesmen
have gone on maintaining Republican principles and de
veloping Republican policy. The country has grown and
prospered ; its resources have been developed with a rapid
ity that has astonished the world. We have maintained
our institutions at home and commanded the respect of
foreign nations.
Conspicuous among the statesmen who have carried for
ward this great work Is Benjamin Harrison, our candidate
for President. Whether on the battlefield or the forum,
in the Senate of the United States or as President of this
great nation, he has always acquitted himself as one of
the best types of an American Christian statesman. While
we recognize that the principles of a party touch more
vitally the happiness and prosperity of a people than does
the individuality of any man, we also recognize that prin
ciples and sound governmental policy are only maintained
and carried forward by men of the stalwart type of our
President. We, therefore, recommend the adoption of the follow
ing resolutions :
Resolved, That the Union League Club approves of the
principles of the Republican party as enunciated in the
platform adopted at the last National Convention ; that it
reaffirms its adherence to the principle that the support
of the general government should be derived, as far as
practicable, from impost duties; that in levying such
duties they should be levied so as to promote American

324 BENJAMIN HARRISON CAMPAIGN
Industries and preserve the principles of a protective tariff,
which was inaugurated by Washington and others who
framed the Constitution of the United States.
Resolved, That Ave ratify and approve the nomination
of Benjamin Harrison for reelection as President of these
United States. His administration has been firm and con
servative. He has maintained the principles of the Re
publican party, and the country has enjoyed unusual pros
perity. He has maintained with a firm hand the rights
and good name of the nation in all our foreign relations.
He has won the confidence of all thoughtful and conserva
tive people. The best interests and prosperity of the peo
ple will be promoted by his reelection.
Resolved, That the nomination of Whitelaw Reid, one
of the distinguished members of this club, for Vice-Presi
dent is ratified and approved. He has long been known to
us as a gentleman who has conspicuous ability to discharge
any duty that may devolve upon him. He is a Republi
can of the best type. In full sympathy with the policy and
principles of the party.
New York, September 27, 1892.

POLICE LEGISLATION
The Committee on Political Reform submit the follow
ing report and resolutions, and recommend their adoption :
At a meeting of this club held on the Sth day of Febru
ary, 1894, the following resolution was adopted:
" Resolved, That the Committee on Political Reform be
requested to report at the next meeting what action, K
any, should be taken by this club touching the bills now
before the legislature relating to reform, reorganization,
or changes in the Police Department of the city of New
York, and especially report if, in their judgment, It is
desirable that this department should have but one head,
that it should be divorced from poHtics, and that the duty
of appointing Inspectors of election should be transferred
to a separate bureau."
Your committee have procured copies of all bills pend
ing in Albany up to a recent date, and have given them
as careful examination as the limit of time would allow.
They find pending there one Senate and four Assembly
bills treating upon the subject of Police Commissioners of
the city of New York.
The first one in date was Senate Bill No. 35, introduced
January 9, 1894, by Mr. Lexow. The next in order was
Assembly Bill No. 42, introduced January 10, 1894, by
Mr. Thornton. This was followed on January 18th by
Assembly Bill No. 190, introduced by Mr. Lawson, and
15

226 POLICE LEGISLATION
on February 7th Assembly BiU No. 564 was introduced
by Mr. Wray.
These bills are so nearly aHke that they may be consid
ered together. The main purpose is the same in all of
them, since they all propose to aboHsh the office of police
commissioner of the city of New York, and provide that
hereafter the head of the Police Department shall be
called the Board of Police. This is a mere change of
name, without any change as to functions to be performed.
Each bill also provides that not more than two of the
Board of Police shall at any time belong to the same politi
cal party, or have the same political faith or opinions on
State and national issues. The bills are not all in accord
as to the time when these changes shall take place, nor as
to the method of filling vacancies.
The bills of Mr. Lawson and Mr. Wray provide that
four commissioners shall be voted for by the electors at
a general election, and offer a scheme of election by which
both parties shall be evenly represented In the board;
but, in addition, the Wray BiU provides that the superin
tendent of police shall be ex-officio a member of the board,
which would raise Its membership to five.
The laws of the organization of the Police Board were
formulated in what Is known as the Consolidation Act,
which brought together and consoHdated aU the laws
affecting the city of New York in chapter 410 of the Laws
of 1882. The Police Department is treated of In chapter
8 of said act. This chapter was very materially amended
In 1884 by chapter 180, page 200, of the laws of that year.
Since that date there have been no police bills passed
affecting materially the question that we are considering.
The law of 1882, as amended by the law of 1884, pro
vided for four police commissioners to be appointed by

POLICE LEGISLATION 227
the mayor. No attempt was made in the law to give the
board a non-partisan character; and yet, in obedience to
public sentiment, that practice was observed by all of the
mayors having appointments to make until a recent date,
when the board was made to consist of three Democrats
and only one RepubHcan.
On the face of it, K there were an honest administration
of the law by the appointing power. It Is eminently fair
and just that each party should be equally represented.
Experience, however, has established that so long as the
appointing power Is with the mayor no good results In
the administration of the city government can flow from
such a party division of the board.
It is believed, and it is undoubtedly true, that this
division has laid the foundation for the deals and arrange
ments between party leaders which have been such a bane
to the government of this city. Until the electors of this
city appreciate that the public interests require the elec
tion of a mayor who is Imbued with the sentiment that a
good government for the city is the aim and purpose of
his office, rather than the promotion of his party, no bene
fit is likely to be derived from a so-called non-partisan
board. We are of the opinion, therefore, that there should
be no change In the present law so long as the power of
appointment remains with the mayor. It Is better to leave
the entire responsibility with him than to enact Into the
law that one-half of the board shall be RepubHcans, when
the Republicans to be selected are to be designated by a
Tammany mayor.
The efficiency of the Police Department would • un
doubtedly be promoted by a single head rather than by
a board of four, if the single head were non-partisan and
devoted to the interest of the city. The administration

228 POLICE LEGISLATION
of the Police Department should be, in fact and in spirit,
emancipated and divorced from poHtical parties. In a
true conception of the formation of the PoHce Board, the
commissioners should be regarded as non-partisan and
judicial rather than political; and it should be held to be
the plain duty of every police officer, in the exercise of
his authority, to avoid all bias and discrimination on ac
count of political opinions or affiliations. In the Hght of
past experience, police legislation should be directed to
the enfranchisement of the department from aU poHtlcal
infiuence and activity, and the impartial and judicial dis
charge of its duties.
On February 1, 1894, a bill (No. 456) was Introduced
in the legislature by Mr. Sheffield. This bill proposes to
increase materially the power of the superintendent,
emancipating him still further from the partisan influence
of the present commissioners. Such an act would un
doubtedly promote the efficiency of the PoHce Depart
ment. It is in the direction of concentrating the executive
functions of the department, and to that, extent is entitled
to commendation.
On January 18th a bill (No. 218) was introduced in the
Assembly by Mr. Thornton. It is a general bill, applicable
to all cities, counties, and towns, and seeks to compel a
non-partisan administration of the various municipal gov
ernments of the State. As New York is not excepted,
its provisions would seem to apply to this city. The bill
as proposed is well intended, but vicious in principle, and
should not be passed.
In this connection we recommend legislation to remove
from the Police Department the Bureau of Elections, and
that some proper and safe commission be created to take
charge of the bureau.

POLICE LEGISLATION 339
It cannot be too often impressed upon the people that
reform by act of the legislature will always fail untU the
people, through their intelligence and regard for good
government, rise to the demands of the occasion and elect
a mayor who will be devoted to the interests of the city
rather than to his party.
If the laws now on the statute books were administered
according to their spirit and intent. New York would have
very nearly an ideal government. The fault Is not so
much with the laws as with the manner of executing them.
It is the agents elected by the people to execute the laws
who bring discredit upon the city government. The in
genuity of designing men Is capable of perverting to the
worst uses any law, however carefully drawn; yet we
may do something by legislation to protect the rights of
the people and make it more difficult for dishonest and
partisan officers to work out a bad result from a good law.
So far as the bills that we have been considering con
template the scheme of electing the Police Board, we
question their utility. Too many officers are already
elected on the general ticket. There should be more power
conferred upon the mayor, rather than less, and he should
be held responsible for his appointees.
In our judgment the efficiency of the PoHce Commis
sioners would be weakened by subjecting them periodi
cally to a partisan contest. It would be well to pass a law
forbidding any officer or official of the PoHce Department
to collect or pay, directly or indirectly, any political as
sessment or money for any political purpose whatever.
The Civil Service Law should be amended and strength
ened, and all persons seeking to enter the police service
should be freely allowed to offer themselves for examina
tion. Irrespective of poHtical opinions or official favor. So

230 POLICE LEGISLATION
long as men secure appointments on the police force by
what Is popularly known as " a pull," or through the influ
ence of politicians, the character and efficiency of the
police will be lowered.
The committee, therefore, recommend the adoption of
the following resolutions :
Resolved, That this club is opposed at this time to aU
mandatory legislation requiring the Police Commissioners
to be constituted of persons of different political faith.
Resolved, That the efficiency of the Police Department
would be greatly promoted by a single head, if there were
adequate means of securing the appointment of a man
who would administer the affairs of the department re
gardless of poHtical affiliations; but in view of the im-
probabUity, amounting almost to a certainty, that such an
appointment could not be secured, we do not recommend
a single-headed commission.
Resolved, That we are in favor of the passage of the
Assembly Bill No. 456, introduced on February 1, 1894,
by Mr. Sheffield, Increasing the power of the superin
tendent of the police, as tending to increase the efficiency
of the executive branch of the Police Department.
Resolved, That we favor the passage of a judiciously
prepared law which should remove from the control of the
PoHce Department the Bureau of Elections, and create
a separate, non-partisan bureau.
Your committee also recommend the adoption of the
following resolutions :
Resolved, That a law should be enacted transferring the
auditing of all accounts of the Police Department to the
Department of Finance of the city of New York.

POLICE LEGISLATION 231
Resolved, That legislation directed toward the enfran
chisement of the PoHce Department from all poHtical
activity and influences should be sought; and that the
rules of the civil service, so far as applicable to that de
partment, should be strictly and impartially enforced.
New York, February 17, 1894.

MUNICIPAL LEGISLATION
Your committee, at the outset, congratulate the club
and the country on the splendid results of the last gen
eral election. In the presence of business depression and
gloomy forebodings the country entered upon the memor
able contest with a most satisfactory result. The power
of the people to rectKy all the evils of our complicated
system of government has been demonstrated. It only
remains for the standard-bearers who have been selected
to complete the work.
Great as has been the success in the election, it should
be borne in mind that the greater work of securing the
fruits of that election is still before us. It Is the duty of
this club, in every possible way, to sustain and give en
couraging support to all those who are engaged In com
pleting the reform so auspiciously begun. It is the work
of the future to uproot and exterminate the wrongs of
the past that now confronts us.
It is to this important matter that we desire to call the
attention of the members of this club and the citizens gen
erally. The task of reforming our municipal government
is herculean, and requires the highest wisdom and best
abilities of the citizens of the city.
A review of the evils that have existed will give point
and force to the suggestions that we make In this report
for future action.
Municipal government in all the large cities of this
Union has generally been perverted for plunder. The

MUNICIPAL LEGISLATION 233
fathers of the republic founded a system of free govern
ment by the people and for the people. The ideal that
they projected was as near perfect as anything yet devel
oped In the history of civilization. Yet, strangely enough,
the system has often been a dismal failure in municipal
affairs. Many attempts have heretofore been made to
rectify the evil and to lead the people out of the clutches
of the plunderers who have seized and held municipal
governments for their private gain. Many men have
been led to give up in despair and say that the American
system, as appHed to cities. Is a failure. They have often
declared that the evil Is of such a nature that it cannot be
eradicated. In all other respects the American system
has worked reasonably well, and with as Httle fraud and
as little friction as pertain to any system, taking human
nature as it is.
The questions presented are : " Is the foul blot of
municipal fraud and municipal bad government so deeply
seated that It must remain forever? Is it beyond the
reach of intelligence, virtue, and integrity ? " If so, this
cancerous growth upon the body poHtic will ultimately
and surely undermine our whole system of government.
We are not among those who believe the evil, gigantic
as it is, beyond cure.
The scope and purpose of this report are to deal with
the evil in the city of New York. In the presence of all
that has so far been developed by the investigation of the
Lexow Committee, the great work remains still to be per
formed. The methods and errors of the past should be
studied as beacon lights to save us from disaster In the
future. The chief head and front of the offender in this munici
pality has been a benevolent organization known as the

334 MUNICIPAL LEGISLATION
Tammany Society. The organization, in its inception,
was never intended for the purpose to which it has been
debased. It has assumed to itself the functions of guiding
and organizing the poHtlcal movements of the Democratic
party in this city. Justly considered, in its action it has
performed none of the proper functions of a poHtical
party. Its methods have not been democratic, but auto
cratic. Its results have been plunder, fraud, and the de
basement of the American system of government. It has
been simply and only, so far as its managers are con
cerned, a business corporation or combination of individ
uals for private gain and public plunder. It has seized
upon all the offices of the city, and has controlled,
through legal machinery, the magnificent annual resources
of the city, amounting to over $34,000,000. It has de
rived an enormous revenue from its system of assessments
upon officers and employees of the city, from the highest
to the lowest. It is hard to account for the suddenly
acquired wealth of many of the managers of that organiza
tion upon any other theory than that there has been In
vogue a relentless system of plundering the city, the citi
zens, and the employees of the government.
To administer the trust of disposing of revenue amount
ing to $34,000,000 requires the agency of the highest
order of talent and integrity. The charge Is not that all
of this money Is misappropriated. The gravamen of the
charge Is that some of it is misappropriated. It is in
vain for Tammany magnates to point out any good work
they do. Tweed and his fellow-conspirators could justly
do the same thing. The demands of good government are
that all, not a part, of the public money shall be properly
appropriated, with the same integrity with which well-
conducted private enterprises are carried on.

MUNICIPAL LEGISLATION 235
The Tammany Society has aided and abetted the most
gigantic frauds upon the ballot-box, and has found in these
frauds its buttress and bulwark. Wherever vice Is reek
ing and ignorance prevails, there it has found the chief
support of its organization. In proportion as vice, crime,
and ignorance prevail in the most degraded portion of our
city, in the same proportion has the strength of Tammany
increased. The people have determined to throw off this disgrace
ful burden. No man of Intelligence who has given the
subject the slightest thought has ever doubted that the
vast majority of the electors of this city are honest and
desire a clean, able, and honest government, and that they
have the power, whenever they choose to exercise it, to
procure this result. One of the chief causes why the city
has been so long enthralled Is because party managers on
both sides have insisted that in municipal affairs the party
organization should remain intact. One of the favorite
arguments that has been used and repeated time and
again in both parties has been that it Is necessary for
the good of the party to keep the same party organization
in city matters; that to abandon the national and State
party organizations In city matters for the sake of the city
and support a reform city ticket would demoralize the
respective parties on national and State issues. We think
this Is entirely fallacious and will not bear examination.
Neither the Republican nor the Democratic party by it
self, as a national or a State party, exists or can Hve one
minute for the benefit of the city of New York. National
questions and State questions are in no way related to or
dependent upon the character and integrity of the city
government. Men may justly differ in their views upon
the tariff, upon currency, upon banking, upon silver, upon

236 MUNICIPAL LEGISLATION
interstate commerce, upon foreign relations, and upon a
multitude of questions that pertain to the national parties,
and yet may unite for the purpose of a good city govern
ment. It Is not easy to see what connection there Is be
tween the tariff, the affairs of the navy, and other kindred
subjects, and the building of docks, opening and paving
of streets, extending the waterworks of the city, putting
out its fires, or policing the city, and other matters per
taining to the government of the corporation. We see
no reason why men should surrender their personal views
on national and State issues because they cooperate for
a pure city government. In many respects the city of
New York is like a business corporation created for the
benefit of the citizens, and, like such corporations, should
be governed on business principles, although it is on a
larger scale. This analogy is not entirely true, but very
nearly so.
It Is well known that all business organizations are con
trolled and managed by men of different political views.
In selecting these men the question Is never asked as to
their views on national questions, but they are selected
for their fitness to discharge the duties to be performed.
In the respective corporations men cooperate and co-work
with the perfect understanding that they have diverse
poHtical views and that they surrender none of -them by
such cooperation. The employees of these institutions are
never selected because of their connection with one party
or the other, or by reason of their efficiency as party man
agers or " heelers." The sole and only question is and
should be, " Are they competent and qualified to perform
and discharge the duties of the position In the corporation
that employs them ? " The corporation of the city of New
York, as a business corporation, should be run and man-

MUNICIPAL LEGISLATION 237
aged upon the same principles on which other well-
managed corporations are conducted.
The great experiment of attempting to manage this
city on a non-partisan basis is about to be entered upon.
In view of the failure of all past methods, the people have
decreed by their vote that this new experiment shall be
tried. The standard-bearers have been selected with the
distinct pledge that the experiment shall be attempted in
good faith. It is distinctly understood that no man by
cooperating in this new method of administering the af
fairs of the city surrenders or abates In any way or
manner his affiliations with the political party of his
choice; that upon national and State Issues every citizen
may take his position in and align himself with the party
of his choice, and his reason for doing so or his activity In
that party are not to be subjects of question within the do
main of the reform party for city government. It is be
lieved by all good citizens that such an administration of
the affairs of the cities will remove the foul blot of corrupt
municipal government from American institutions, and will
demonstrate the wisdom of our fathers In establishing the
basis of our government as they did. It will no longer be
said that In all other respects the system was rightly con
ceived and properly adopted, but that It Is not adapted to
municipal government. The occupation of men who follow
politics for a business in municipalities wUl be gone. Both
parties, as national and State parties, will remain in the
field, contending for the principles they espouse, and
will succeed or fail as they shall succeed or fail In im
pressing their respective views upon the voters. Any
attempt to build up a party machine for the benefit of
either party out of the great reform movement which
has been so auspiciously Inaugurated in the city of

288 MUNICIPAL LEGISLATION
New York wiU surely recoU upon the heads of those who
undertake it.
The attempt to have a municipal government upon a
non-partisan basis has been demanded by the people. The
pledge of the standard-bearers chosen was given to the
people that they should have such a government. The
experiment ought, in good faith and with persistent effort,
to be made. Party managers, as such, whose purpose is
to gain advantage for a party rather than to secure a good
administration, must be made to stand back and keep
their hands off this government. No party can success
fully flourish and for a long time be successful which is
not based upon Integrity of administration as its chief
cornerstone. It may secure temporary success, but its
overthrow Is sure to follow. The best possible basis for
the success of a party in a great municipaHty is to show
ablHty to govern the city with a clean, honest purpose. A
success so won will be abiding and invigorating.
At the outset the administration of Mayor Strong is
handicapped by the presence In the municipal government
of a body of office-holders who have been placed in their
respective positions by the abhorrent influence so familiar
to the people. The election of last November in this city
better never have been won unless it be followed by
legislation such as will pave the way to the inauguration
of genuine reform. The legislature should pass, at the
earliest practicable day, a bill giving the mayor of this
city the power of removal and appointment to all offices
fairly within the scope of his duties. Any failure to
pass such a bill, or any tampering with this measure by
any one in the supposed interests of persons or parties,
will receive the severe condemnation of the citizens. The
public are In no mood to be trifled with In this matter.

MUNICIPAL LEGISLATION 239
They are determined that the incoming administration
shall have an opportunity to redeem its pledges; that no
excuses shaU be made or accepted for a failure to do so.
Mayor Strong Is powerless to accomplish much in the way
of reform without legislative aid; and that aid should
come speedily, without conditions or limitations that can
by any possibility embarrass the execution of the purpose
declared by the people to have a reform administration.
As a club we have unbounded faith in the integrity of
purpose of Mayor Strong to fulfil all his pledges and give
the city a genuine non-partisan business administration.
Republicans as we are, devoted to the principles of that
party, believing that the prosperity of the country de
pends upon the success of our principles, we see clearly
that this city's true interests will be promoted if a good
government shall result from this great reform movement.
Any other seeming success would be no success, but a
dismal failure.
No man in this city was ever confronted with a greater
task than that which confronts the mayor. With aU con
fidence In his Integrity of purpose and his ability to exe
cute the great commission which has been laid upon him,
we should never forget our duty as citizens of rendering
him at all times our moral support and counsel on the
lines laid down for him and accepted by him during the
last election.
It does not require the Inspiration of a prophet to pre
dict a great triumph for the mayor if he shall adhere at
all times to the pledge he has given, and the Intelligent
citizens of this city should not falter in their steady sup
port of him In his great work.
The fangs of Tammany's misrule have fastened too
deeply upon the body politic to be withdrawn without

340 MUNICIPAL LEGISLATION
drastic measures. There is great reason to fear that the
sappers and miners In politics are already at work destroy
ing the foundation of the structure of municipal reform
that the people have decreed shall be built.
There are many proposed measures of reform of press
ing necessity that we do not discuss, among them the
reorganization of the Police Department. The considera
tion of that question should be kept in abeyance until the
report of the Lexow Committee shall be made. At the
present moment the bill giving the mayor power to re
move from office and appoint to the same should receive
the Immediate and early attention of the legislature, as a
measure essential to the further progress of the work of
reform that is before the people of this city.
We, therefore, recommend the adoption of the following
resolutions :
Resolved, That the legislature of the State of New York
be respectfully and earnestly requested to give its early
attention to the passage of a bill providing for the mayor's
power of removal of present incumbents in office. Such
a bill Is demanded by the best sentiment of the city, and
its passage should not be, and cannot rightfully be, ham
pered or embarrassed by any considerations of party expe
diency. The needs of the city in this matter are paramount
to all other considerations.
Resolved, That we heartily approve the recommenda
tion in Governor Morton's message that prompt action be
taken by the legislature upon this important measure.
New York, January 3, 1895.
Note. — A portion of this report is taken from a former report
not adopted by the committee.

A PROPOSED BILL ON COMPULSORY
EDUCATION
This bill purports to be in favor of compulsory educa
tion and in support of the common schools.
Nothing is more Important or desirable to the preserva
tion of our institutions than the universal dissemination
of knowledge ; and, as a means to that end, the most vigor
ous support of the public schools Is needed, consistent with
individual Hberty. It Is believed that every member of
this club Is a stanch supporter of the common-school sys
tem. In common with the great body of the citizens, and
would do nothing to weaken its hold upon pubHc affec
tion or impair in any way its usefulness.
The proposed bill Is so extraordinary In its provisions
as to require a careful and critical examination. It in
corporates within it certain principles and methods of
action that are entirely Inconsistent with individual liberty
and the sacred rights of the family. The bill seems to be,
in some measure, a substitute for the act passed in 1874,
but with additional powers and limitations that make it
a dangerous and vicious bill.
The first section provides that every parent and guard
ian shall cause all children between the ages of seven
and eleven to attend some public school in the city or
school district in which such child shall reside, or some
school other than a pubHc school, and in which at least
certain common-school branches are taught.
The second section provides that for every neglect of
18

343 A PROPOSED BILL ON COMPULSORY EDUCATION
the duty thus Imposed in the first section the guilty person
commits a misdemeanor and Is subject to fine and im
prisonment therefor.
The third section does provide that a chUd may be
taught at home, but such teaching must be by a " teacher
duly qualified under the laws of this State, or approved by
a school commissioner or by a superintendent of schools,
by whatever name known, in a city of the State."
Section 15 authorizes the employment of town con
stables to aid in executing the provisions of the act and
provides for payment of their fees.
The seventeenth section provides that the school authori
ties may appoint special officers to discharge the duties pro
vided in certain sections of this act, and may fix fees or
salary for the payment of the same.
There are various other sections of the bill that would
be open to criticism, but the limits of this paper render
their consideration impossible.
The bill invades the privacy of the domestic circle and
supersedes the authority of the parent in the education
of chUdren of tender age, and substitutes therefor persons
authorized by act of the legislature to discharge these deH-
cate and important duties.
Although section 3 tolerates education in the famUy
circle. It does not leave that to the choice and discretion of
the parent, but provides that that teaching shall be under
the supervision and control of a " school commissioner
or a superintendent of schools, by whatever name known,
in a city of this State." The same section also graciously
provides that. In case a child is taught at home, the instruc
tion in the branches specified in the bill shall be at least
equivalent to that given In the pubHc schools.
There Is also a provision that. In case of the physical or

A PROPOSED BILL ON COMPULSORY EDUCATION 343
mental condition of a child being such as to render its
attendance at school inexpedient or impracticable, a physi
cian's certificate may remit the penalty.
The general effect of the bill Is to bring all matters of
education — whether in the family circle or In pubHc or
private schools — under the supervision of school superin
tendents or school commissioners. The neglect of the
duty of educating children according to these public offi
cials Is made a misdemeanor. This bill proceeds upon the
theory that the artificial and intangible body known as
" the government " is a better guardian of children than
those to whom they owe their existence, and that the
most ignorant and incompetent public-school teacher in
the State is quaHfied to train any young child, while the
most refined, IntelHgent, virtuous, and loving mother of
that child, if for any reason she fail to obtain the consent
of the school authorities, is not competent for that pur
pose. It calls for Interference between parent and child
at precisely that tender age when the character of the lat
ter is unformed, and when it is in the most need of
parental guidance and teaching. An attempt to enforce
the provisions of this bill will be likely to lead to violence
and breaches of the peace.
However desirable general education may be. It never
can be desirable to Invade the rights of parents and the
sanctity of the family in the manner proposed by this
act, under the guise of public instruction.
The bill specifies certain fundamental subjects of edu
cation as essential to fit a child as a member of the State.
True education consists In the harmonious and symmetri
cal development of mind and character, and both should
proceed together, as far as practicable. In most cases no
one is as likely to know the character of chUdren so weU as

244 A PROPOSED BILL ON COMPULSORY EDUCATION
parents, and only in exceptional cases should be taken from
them the absolute right to determine the education and the
kind of education they shall receive. The object of the
public-school system Is to aid parents in the education of
their children, and not to override the parental control or
usurp Its place. The bill reduces parents to the humUiat-
ing position of being obliged to obtain the consent of the
school authorities before they can teach their own chil
dren or select a teacher for them at home, and to the risk
of fine and Imprisonment if they act without such consent.
Such legislation as this tends to destroy individuality, and
substitutes therefor State control in matters that should
always belong to the individual. It is a long step in the
direction of Socialism, where all property and aU indi
viduals are placed under the dictation of the government.
Dr. Kittridge, of this city, recently said : " The home is
the grandest university In the world, and to its wise and
religious education we owe, more than to any educating
infiuence, the scholars and patriots and benefactors of our
race." This we believe to be a true statement of the value
of the home and of home influence; and whatever evils
may exist touching the education of certain classes of our
citizens, those evils cannot by any possibility justify the
subversion of the homes and home control of children,
which serve to lay the foundation for all that is best and
hoHest in our lives and our country.
The tendency of this bill, K enforced, will be to weaken
parental authority over the children, and divide respon
sibility between the parents and the State authorities for
their education. It is in the line of the most vicious class
of legislation with which we are afflicted — that of State
interference and control in matters with which the State
of right ought not to interfere. However paternal the

A PROPOSED BILL ON COMPULSORY EDUCATION 345
government may be, in this field it should keep its hands
off. Whatever may be said In favor of enforced educa
tion of those whose education is entirely and grossly
neglected, nothing can justify the pubHc scrutiny and
control of family education as contemplated by this act.
We, therefore, submit the following :
Resolved, That the Union League Club deems this bUl,
in the particulars mentioned in this report, a menacing
invasion of the sacred rights of the family in the matter of
the education of children, and we request the members of
the legislature to so vote as to defeat the passage of the
biU. New York, January 28, 1890.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on Political Reform respectfully report
as foUows :
At the commencement of the current year the country
had just passed through the most important general elec
tion that had taken place since 1860. The principles of
the Republican party during the canvass had been dis
cussed in the press and on the platform, and the verdict
of the people had been taken in favor of Republican prin
ciples in national affairs. In State affairs. In this State, it
was a divided result, the Democracy having secured the
executive and State offices, while the RepubHcan party
secured the legislature.
It is not too much to say that the pubHc was weary of
poHtical discussions, and the committee deemed it advis
able not to make many reports.
The club referred no questions to your committee for
its consideration.
During the winter of 1889 there was pending in the
legislature the important question of prison labor. On
January 29th this committee made a carefully considered
report on that subject, which was adopted by the club.
Some of the members of the committee took an active part
in promoting the passage of the Prison Labor Bill of last
winter. Late in the spring of 1889 the chairman of the
committee, Hon. Whitelaw Reid, resigned his chairman
ship, he having been appointed to the honorable position

REPORT OP COMMITTEE ON POLITICAL REFORM 247
of minister to the republic of France. The committee
take this occasion to record their high appreciation of his
abUity and unKorm courtesy. His learning and varied
experience made him a sagacious and safe counsellor.
In October the committee elected a chairman to fill the
vacancy. In December a report was made in favor of high license
which was adopted by the club.
Herewith is submitted a report on ballot reform. This
reform is believed to be one of the most pressing and im
portant of the day, and no occasion should be omitted to
help it forward.
The committee are impressed with the Idea that all great
movements and reforms are carried forward by the re
peated and persistent support of the friends of the meas
ures. It has required constant effort for centuries to bring
the world to Its present state of morals and civilization.
This club Is committed by its history and its articles of
association to reform measures. Its infiuence will be of
little value K it fails to discuss these reforms fearlessly
and persistently. All questions that greatly move the
people and that finally result In practical good need to be
presented from time to time In the various lights In which
such questions can be viewed. The committee have acted
upon what they understood to be the desire of the club, and
presented as briefly and sharply as it could only Important
public questions.
A^arious subjects have been brought before the commit
tee, and are now under consideration, but no reports have
yet been agreed upon.
New York, January, 9, 1890.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on PoHtical Reform respectfully sub
mits the foUowing report :
Various subjects have been considered by your com
mittee within the past year, although but three reports
have been brought before the club during that time. The
committee have been mindful of the desire of the club
not to be asked to express its opinion except upon matters
of general importance. It has recognized the repeated
declarations of the club that it is a RepubHcan club, and
that all Its actions taken upon public questions shaU be
in harmony with the doctrines and poHcy of that poHtical
party. The principles of that party having been adopted
by the country at the last presidential election, it was not
deemed wise or necessary during the past year to restate
them before the club. The last congressional elections
having shown an apparent reversal of the former decision
by the country, there will probably be a renewal of the
discussion of these principles, in which discussion this
club will no doubt take a prominent part.
It Is not the province of this committee, in its annual
report, to discuss the causes and influences that led to our
defeat, but this committee deems this a fitting occasion to
declare its firm faith in the doctrines of the party, and
its belief that the country will again declare ItseK in its
favor, when the misrepresentations and the false presenta-

REPORT OP COMMITTEE ON POLITICAL REFORM 249
tions of its policy and the effects of its policy are exposed
and understood.
At the January meeting this committee made a report
in favor of the Saxton Ballot-Reform BIU, which report
was unanimously adopted by the club. The act, as finally
passed by the legislature of New York, was not all that
was desired by those who were foremost In this important
reform. Yet It Is believed that great and desirable ad
vance has been made in this matter.
At the February meeting the committee made a report
upon a bill then pending before the legislature, entitled,
" An Act to Secure to Children the Benefits of an Ele
mentary Education, and Making an Appropriation There
for." It was with great reluctance that the committee
reported against some of the provisions of this bill, fearing
that it might be construed as opposition to the common-
school system that is so important to the country. The
bill was deemed to be so fundamentally wrong. In provid
ing a scheme that Invaded the sacred rights of the home
and family, that the committee felt constrained to report
against it. The report was adopted by the club, and a
copy of the same sent to each member of the legislature.
It is believed that the report had considerable influence
in defeating the objectionable legislation.
At the March meeting the committee reported in favor
of a more liberal appropriation by Congress for the work
of the Civil Service Commission. This club has always
been a stanch supporter of the doctrine of civil-service
reform. It has at times criticized the pretenses of those
who use the name of civil-service reform for mere parti
san advantage, but has always cast whatever influence it
may possess on the side of fitness and integrity as essential
qualities for official positions. It is believed that this re-

360 REPORT OF COMMITTEE ON POLITICAL REFORM
form has been heretofore greatly aided by this club, and
that hereafter, on all proper occasions, it wiU be found in
the front ranks of Its supporters and defenders.
Among the events of the year the committee reports,
with unfeigned sorrow, the death of one of its members,
Mr. Franklin A. Paddock. He has been a member of the
committee five years. For a portion of that time he was
in poor health and unable to attend the meetings of the
committee. When able to do so, he was constant in his
attendance, and was an able and conscientious member.
In the close intimacy of the committee room we all learned
to respect and admire him. A memorial of Mr. Paddock
was prepared by one of his associates and entered in the
minutes, a copy of which memorial has been sent to each
member of the club.
New York, January 8, 1891.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on Political Reform respectfully sub
mit the following report :
The committee have held the usual regular monthly ses
sions, but have submitted only two reports for the action
of the club. Many Important questions have been con
sidered and are now pending before it.
The deplorable event at New Orleans startled the civil
ized world, and it seems fitting that this club should con
tribute its infiuence on the side of that almost universal
condemnation of that event, which found expression in all
civilized communities. The report of this committee on
that subject was adopted on the 9th day of April last. It
may gratify the members of the club to know that it was
quoted and commented upon extensively in this country
and in Europe. The comments, except in the Southern
States, were generally commendatory, showing that the
views therein expressed were those approved by the more
thoughtful writers of the times. In that report it was
pointed out that the root of that difficulty was to be
found In our lax laws touching ignorant and criminal
immigration. On the 14th day of May a further report was submitted,
pointing out the peril to our institutions from the almost
criminal neglect of the judiciary in not enforcing the pres
ent laws when naturalizing immigrants, many of whom
are totally unfit to be clothed with the elective franchise.

252 REPORT OP COMMITTEE ON POLITICAL REFORM
In this report it was recommended that a petition be ex
tensively circulated throughout the United States, asking
Congress to change the naturalization laws so as to throw
greater safeguards around the elective franchise. This
report was adopted unanimously by the club. As the cir
culation of this petition would require the expenditure of
a considerable sum of money, the club referred the ques
tion of circulating the petition to the Executive Commit
tee. The matter thus passed out of the hands of this com
mittee, and the committee are not advised what action, K
any, was taken by the Executive Committee. It is proper
to state that recent events in this city, just prior to our
late election, have added force to the recommendations in
the report, and are Illustrative of the evils and inefficiency
of our present laws as now administered by some of the
judges. Your committee find no occasion to abate in any
manner their criticisms upon the conduct of the judiciary.
This subject cannot be too often or too eamestiy pressed
upon the attention of the people. This committee has not
deemed It wise, up to this time, to make a further report
on these all-Important questions of immigration and natur
alization. In view of the fact that the general government
had appointed a commission to visit Europe and report on
the subject of Immigration. It is hoped that, when their
report Is made, new and material facts will be brought to
light. This club was organized to exert influence upon the gov
ernment and build up and sustain a sound public senti
ment in favor of the maintenance of the same. In its
inception its inspiration was patriotism and an earnest
desire to save the government in its peril. On this ques
tion its record is one of which every member is proud. In
its action it worked eamestiy in harmony with a Repub-

REPORT OP COMMITTEE ON POLITICAL REFORM 253
lican administration. When the war ended, the club con
tinued Its earnest work supporting Republican measures,
and has continued to give such measures its hearty sup
port up to this time. Its national reputation has been
built upon its political action, until now eminent represen
tative Republicans from almost every Northern State are
in our membership. So far as this club has a wide reputa
tion at this time. It is based chiefly on its political char
acter. It is Idle to refer to Its war record and what it
accomplished as the only end and purpose of Its existence.
Its life and history for more than a quarter of a century
since the war closed are a constant protest against any
such narrow view. The club is, and always has been, a
political club, with views upon all great political ques
tions. The vitalizing force here always has been political
action. That the founders of the club contemplated Its
continued activity in the poHtlcal field is shown by Its
adoption, immediately after the close of the war. In 1866,
of the 4th article of association, in these words : " It shall
be the duty of the club to resist and expose corruption
and promote reform In our national. State, and municipal
affairs, and to elevate the idea of American citizenship."
It would be difficult, with so few words, to choose other
words that would open as wide a field of political action.
The traditions of the club and the personnel of its mem
bership point with unerring certainty to the lines within
which political action should be taken by your committee.
A political club must bring Its influence to bear upon a
political party, to accomplish practical results in any free
country. This Is, and doubtless will remain, a Republican
club. Believing that this Is a true statement of the views
of a vast majority of its members, this committee have,
without hesitation or doubt, when occasion has called for

254 REPORT OP COMMITTEE ON POLITICAL REFORM
It, sustained RepubHcan measures and poHcy. While this
club Is distinctively Republican, it is not by any means
limited to questions of party measures, but has always
taken high and broad grounds upon aU great and im
portant matters.
This committee are again called upon to report the death
of one of their members, Morris M. Budlong, late secre
tary of this committee, who fell dead on the morning of
the 30th day of November, 1891, whUe in the discharge
of his professional duties. He was a useful and con
scientious member of the committee, and his loss wUl be
greatly felt by all his associates.
New York, January 14, 1892.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on Political Reform respectfully sub
mits the following report :
The past year has been an eventful year in the poHtical
history of this country. Your committee has done what
it could to place this club on record upon numerous pubHc
questions, in accord with its well-known principles and
traditions. The club has long stood in this city and before
the country as an exponent of the essential doctrines and
policy of the RepubHcan party. Your committee has, to
the best of its abUIty, expounded and sustained those
doctrines and that policy.
At the general election In 1891 the electors of this State
elected a Republican Senate. Soon after the election,
rumors began to emanate from the executive chamber at
Albany that the Democrats would secure a majority of
the Senate. So well founded was the belief that, in this
State at least, the results of the baUot-box would be ac
cepted as final, and not be questioned or defeated by any
party, that no great uneasiness was felt by any honest
citizen. The claim of Democratic success was looked upon
as only the usual claim of the defeated party for poHtlcal
effect. It was not easy to believe that the chief executive
of this great State, David B. Hill, had actually formed,
and Intended to carry out, a scheme of fraud of unparal
leled audacity and wickedness. The sense of security in
the foundation of our government was rudely shaken as
the great conspiracy gradually developed and the figure of
the governor of the State came into view as the great con-

256 REPORT OP COMMITTEE ON POLITICAL REFORM
spirator in a fraud that ought to have consigned the gover
nor and all those engaged In It to everlasting political
infamy. Your committee deemed the matter of so grave
import that this club should record its earnest protest
against the fraud. Accordingly, your committee sub
mitted, at the March meeting, a report of the leading facts
of the case, which report was unanimously adopted, mak
ing a record here of the views of this body on the great
conspiracy against the ballot-box. As a corollary of this
fraud the Democrats in Albany introduced a bill, which
they finally passed, destroying the non-partisan character
of the Boards of Inspectors of Election In this city. At
the April meeting your committee presented a statement
of the dangerous character of this proposed legislation,
with a resolution protesting against the passage of this
bill. This report and resolution were unanimously
adopted by the club. Thus the record of this club is
complete against these two great crimes against the purity
of the ballot-box. It is a fact to cause serious reflections,
that the state of pubHc sentiment as to the dangerous
tendencies of such political crimes is so low that. Instead
of the just contempt of an indignant people jealous of
their rights following the chief conspirators into that ob
scurity they so richly deserve, new honors are heaped
upon them. The future student of the politics of these
times will be puzzled to find out by what logic or under
what strange influences the purists and reformers, with
high-sounding professions of a desire for the highest ideals
of government, could constantly ally themselves with a
party with such a record.
At the October meeting your committee presented a re
port on the great and leading question of protection, which
report was adopted by the club. The record and history

REPORT OP COMMITTEE ON POLITICAL REFORM 257
of this club have been one of unfaltering support of this
important and beneficial national policy. No believer in
this policy can have his beHef in the same shaken by the
temporary defeat which we have sustained. The history
of the country shows that prosperity has always attended
it when its fiscal policy has been framed on the lines of
protection, and depression and distress have followed
when Its fiscal policy has been framed on the lines of low
tariff or free trade. Thirty years of unparalleled pros
perity Is the record made by the Republican policy. Dur
ing that time a new generation has grown up who has
seen fit to be guided by theorists rather than to follow the
sure lamp of experience. Those now living who have had
experience of Democratic administration of governmental
financial policy are comparatively few. If the Democratic
party applies to our fiscal poHcy the principles it professes,
this new generation will soon have the experience that
will enable It also to appreciate the wide difference be
tween Democratic and Republican doctrine on the tariff.
Assuming that the Democrats in good faith apply the
principles that they taught, we may confidently look for
ward to a renewal of the great discussion, when we will
have not only our history, but the then present experience,
to Illustrate and enforce the wisdom of protection to
American Industries as the true American poHcy.
During the past year two deaths have occurred In your
committee. On the 9th day of February John J. Knox
departed this life. For many years he had been a member
of this committee. His well-stored mind, especially upon
aU financial matters, made him a most valuable and useful
member. He was regular In his attendance upon the
meetings of the committee, and contributed his full share
of valuable Information In all Its counsels. No mem-
17

258 REPORT OF COMMITTEE ON POLITICAL REFORM
ber of the club was better known by the club at large than
was he. No words of eulogy by us can add anything to
his name and fame, which were national. We can only
record our high appreciation of him as a man and asso
ciate. His loss Is deeply felt by your committee, and it
feels that his place cannot be filled.
On the 26th of April Col. Richard B. Irwin, another
member of this body, died. Mr. Irwin had not as long
service on the committee as Mr. Knox, but during that
short service he had won the respect and admiration of all
the members of the committee. Mr. Irwin was not as
widely known In the club as was Mr. Knox. He was a
retiring, modest man, and only those who became well
acquainted with him could appreciate him. In early life,
during the Rebellion, he entered one of our Western
armies. He was frequently promoted for his gallantry,
and won the commendations of his superior officers. After
the war he spent some time travelling in Europe and
observing the institutions of the Old World. For many
years before his death he devoted himself to literary pur
suits, and was employed upon the staff of one of the great
New York dailies. He was there, as is common with so
many other bright writers, hidden from public view be
hind the Impersonality of the corporation which published
his newspaper work. He was a man whose mind was well
stored with useful knowledge, and his conversations were
Instructive and delightfully entertaining. To know him
well was to appreciate him highly. By his death this
committee lost one of Its brightest and most useful mem
bers, and it takes this occasion to record, though imper
fectly, its estimate of his character.
New York, January 12, 1893.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on Political Reform respectfully sub
mits the following report :
Shortly prior to our last annual meeting the Republican
party had suffered the most disastrous defeat that had
occurred to It since 1860. Admitting the defeat, your
committee, in Its annual report, indulged in the predic
tion that " if the Democratic party applies the principles
it professes to our fiscal policy, this new generation wUl
soon have the experience that will enable it to appre
ciate the difference between Democratic and Republican
doctrine on the tariff." We also suggested that, while
defeated, the discussion of the great principles was not
ended, and that It would again be resumed, aided by what
would be " the then present experience to illustrate and
enforce the wisdom of protection to American Industries
as the true American policy."
These suggestions were made before the Inauguration
of the present administration. Already the evil effects
of the installation of a Democratic administration have
been made apparent to everybody. The prostration of
business, the loss of property, and the appalling distress of
the laboring men are something unknown In our history,
except at the end of the two great eras of Democratic
government which preceded the financial disasters of 1837
and 1857.
AVe do not refer to these matters at this time for the

260 REPORT OF COMMITTEE ON POLITICAL REFORM
purpose of entering Into a lengthy discussion of the con
dition of the country, or of the remedies that ought to be
applied; but we do refer to them as evidence of the wisdom
and soundness of the principles of the Republican party
that have been so stoutly and persistently maintained by
this club. Deplorable as the condition of the country is,
we feel satisfaction in saying, as a club, that we are not
responsible for the disasters.
If the teachings of this club had been followed, we con
fidently believe that the country to-day would be In a
prosperous condition. We feel justified in declaring anew
our fealty and loyalty to the principles and policy of the
Republican party, and our purpose on all fitting occasions
in the future to maintain these principles and that policy
with the same vigor and the same earnestness that we
have maintained them in the past.
Your committee was Impressed with the changed posi
tion of things at the beginning of the year, when it found
Itself out of harmony with the general government. Here
tofore the attitude of the club has been generally one of
defending and maintaining the principles of the govern
ment at Washington. For the first time in many years
its position is changed to one of criticism and attack upon
such administration. The times and occasions for such
criticism and attack only come as the policy of the ad
ministration develops.
At the April meeting your committee presented a re
port upon the action of the late Republican administration
touching the Hawaiian Islands. The information then at
hand was meagre as to the events that had occurred at
Honolulu. We did deem It safe and proper, however,
to sustain our own administration. In April this report
was defeated at a small meeting of the club, where there

REPORT OF COMMITTEE ON POLITICAL REFORM 281
were less than eighty members present and voting. It Is
not for us to criticize its action, but It Is not improper to
state that the position taken by this body faUed to con
vince the committee of the error of its report. It is proper
to state that the action of the club in defeating that report
has frequently, and up to a late date, been referred to
by the advocates of the present administration and of its
policy toward these islands as In some measure condemna
tory of the last administration. Whether it Is a fortunate
circumstance, and one that is satisfactory to the club, we
cannot state. The committee is satisfied that It did its duty
in the premises.
At the October meeting your committee presented a
report in some measure reviewing the history of the Demo
cratic party and the then present condition of the country,
and undertook to point out what we believe to be the great
blunder of the country In voting for a change of admin
istration. This report was unanimously adopted. Subse
quently the State Committee accepted the report as a cam
paign document and circulated over 200,000 copies.
The successful elections that were held In November,
1893, are full of hope and promise for the future. They
are encouraging, and sustain this club in maintaining its
firm attitude in support of Republican principles. They
should stimulate us to renewed activity in the future, with
a feeling of assurance that the lost ground will all be re
gained, and that we shall then not only be able to defend
oui" principles In theory, but our theories will be reen-
forced and buttressed by the experience of the country.
The subject of municipal affairs and the bad govern
ment of this city has been long under consideration and
earnest discussion by the committee. During the spring
and early summer of this year your committee did not

263 REPORT OF COMMITTEE ON POLITICAL REFORM
arrive at a conclusion so that It could formulate a re
port as to the action that should be taken by this club.
At the November meeting Mr. Charles Stewart Smith
precipitated the action of your committee by introducing
the following resolution:
" Resolved, That the Committee on Political Reform be
requested to report at the next meeting of the club
whether or not, In the judgment of the committee, it is
desirable for this club to lead any movement by which an
attempt shall be made to unite aU good men, without
reference to political affiHations, in the one issue of good
government for this city; and, K so, to formulate a plan
therefor." This resolution being adopted, your committee pro
ceeded at once to earnest consideration of the subject, and
held not only regular meetings, but special meetings for
that purpose.
In view of the upheavals and changes going on in the
respective parties, your committee deem it unfortunate
that they were, at that particular time, caUed upon to re
port to the club for its action. This committee made a
preliminary report to the December meeting of the club,
in which report it recommended certain reforms in the
laws affecting municipal affairs, which reforms were
deemed vital prerequisites to any movement looking to
non-partisan city government, and asked that the further
consideration of the subject be left with the committee,
with power to report at any regular meeting.
This leave to report at any regular meeting was changed
so as to require a report at the next meeting. This being
the next meeting, a report, in pursuance of that resolution,
accompanies this report.

REPORT OF COMMITTEE ON POLITICAL REFORM 363
Your committee Is thoroughly impressed with the de
sirability of reform in the affairs of the government of
this city, but are unable to see their way clear at this time
to enter upon as radical a movement as that indicated by
the resolution of Mr. Smith.
Nothing is gained for good government by simply oust
ing Tammany from control and instalHng another govern
ment with equally bad tendencies. No one doubts that
there are honest citizens of sufficient number to take pos
session of this city and govern It with integrity. Your
committee are not yet satisfied that a sufficient number
of such honest Democrats are so far emancipated from
fealty to their party as to join with a like number of
honest Republicans in forming a successful, truly non
partisan organization.
This club should at all times be eager to secure good
government for this city, and hold itself In an attitude
ready to cooperate with any such movement which holds
out promise of a genuine reform In city affairs.
New York, January 11, 1894.

REPORT OF THE
COMMITTEE ON POLITICAL REFORM
The Committee on Political Reform respectfully sub
mits the following report :
The year just closed has been one of unprecedented im
portance In the political history of the country. The re
sult of the recent elections seems to demonstrate that the
better sentiment of the country has again turned toward
the Republican party as the party best qualified to safely
administer Its affairs.
This change of public sentiment Is a source of great
gratification to this club. It shows that the principles for
which we have so long contended are meeting with the
approval of the entire country. If the Republican party
shall manifest the wisdom of administration that has char
acterized most of its career from its earliest days, we
have good reason to believe that for a long period to
come It will be entrusted with the administration of the
government. On many former occasions this club has arraigned
David B. Hill, as the governor of the State, and all of his
associates in the great conspiracy to defeat the will of the
people at the ballot-box. It has not hesitated to denounce
the acts and the actors when the latter were in the full
fiush of power and apparent victory. We have the satis
faction now of knowing that, through the courts and
through the ballot-box, all of the State officers engaged
in the great crime have received their punishment. It

REPORT OF COMMITTEE ON POLITICAL REFORM 265
Is with peculiar satisfaction that we note the fact that
David B. Hill, the great conspirator, was defeated by a
plurality of over 150,000 votes. It would be an anomaly
in our history If after such a punishment for moral ob
liquity in high office he should ever again be a successful
leader in the politics of the State.
In municipal affairs the city has entered upon a wide
departure from precedents heretofore established for its
government. It has been decreed by the people that a
non-partisan business administration shall be established.
There is a great difference of opinion among honest men
as to the practicability of so administering the affairs of
this municipality. In view of the disastrous results of
administering our affairs on a partisan basis. It is at least
desirable that this new experiment should be honestly
tried. If the result shall be satisfactory, there is no rea
sonable doubt that a solution has been found for much
of the evil pertaining to city governments. This club
should sustain with all its moral force the efforts of Mayor
Strong to administer the city's affairs.
On the 8th day of February this club referred to your
committee a resolution calling for a report upon the then
pending police bills In the legislature. Your committee
entered upon an examination of the various bills, and in
vited a number of the members of the club to meet with
the committee and discuss them. Your committee re
ported that it was not desirable at that time to pass
mandatory legislation requiring the Board of Police Com
missioners to be constituted of persons of different politi
cal faith. While it recognized the efficiency of a single-
headed commission, provided there were adequate means
to secure the appointment of a man who would administer
the affairs of the department regardless of political affilla-

366 REPORT OF COMMITTEE ON POLITICAL REFORM
tions, yet in view of the probabiUty (then amounting
almost to a certainty) that such an appointment could not
be secured, it did not recommend a single-headed com
mission, but recommended legislation removing from the
Police Department the Bureau of Elections, and trans
ferring the accounts of the Police Department to the De
partment of Finance; and recommended that legislation
should be sought directed in general toward the enfran
chisement of the Police Department from all political
activity and influence, and also that the rules of the civil
service, so far as Is applicable to that department, should
be strictly and Impartially enforced. About the time the
report was made. Mayor GUroy appointed a RepubHcan
police commissioner, thus making the apparent political
complexion of the commission non-partisan. No bill was
passed in Albany making such division mandatory. In
view of the developments before the Lexow Committee,
and the probability of a report and proposed legislation by
that committee, no suggestion even would be proper from
this committee at this time touching this all-important
subject. In April a committee from the citizens of Troy waited
upon your committee and presented their views touching
the then recent events at the Troy spring elections, re
sulting in the murder of Robert Ross. These gentlemen
deemed it desirable that some expression of the opinion
of this club should be made to encourage the people of
Troy In their efforts to prosecute the murderer. Your
committee made a report on that subject, which report
was adopted by the club at its May meeting.
At the October meeting of this club your committee
presented a report upon the Issues involved in the canvass
then pending for the elections to be held in November.

REPORT OP COMMITTEE ON POLITICAL REFORM 267
Such report advocated the election of Governor Morton
and the city reform ticket headed by Mayor Strong. This
report was unanimously adopted by the club at its October
meeting. At the November meeting of the club a resolution was
passed as follows :
" Resolved, That the Committee on Political Reform,
on behalf of The Union League Club, be, and it hereby is,
authorized and requested to take the initiative in recom
mending to the next Republican legislature such amend
ments to the present election and ballot laws as wUl remedy
existing defects and effectively prevent the further dis
franchisement of voters."
Your committee respectfully reports that it has given
the resolution due consideration, and is still holding it
as an authority for action when the time shall arrive
for such action. It should be known by the club that
during the past year a sub-committee of your committee.
In conjunction with sub-committees of many other leading
reform organizations of New York , Brooklyn, Staten
Island, and other points In the State, devoted considerable
time to the formulation of a ballot-reform law. There
was not entire unanimity among the delegates as to the
proper form of this bill in respect to some of its details,
but there was an entire agreement that great changes are
needed in the present ballot law. The biU so carefully
prepared was sent to the last legislature, and there
amended and changed as deemed advisable by those hav
ing this matter In charge. It was passed by both branches
of the legislature, and vetoed by Governor Flower. The
bill as vetoed is on the files of the bills of the last legisla
ture, and will undoubtedly form the basis of legislation

268 REPORT OF COMMITTEE ON POLITICAL REFORM
at the present session of the legislature. When the bill
shaU be introduced, your committee will deem it within
the scope of the authority conferred upon it by this club
to give It careful examination and make such suggestions
as shall seem best.
There was also introduced at the November meeting a
resolution as follows :
" Mr. J. Seaver Page moved that the Committee on
Political Reform take up the matter of Greater New
York and report on the subject at some future meeting,
for the information of the club."
Your committee has also given this resolution due con
sideration. On a subject of such vast and far-reaching
importance, a premature or ill-considered report Is not
desirable. Whatever may be the opinion of members of
the club as to the desirability of Greater New York, the
position of the question at the present time seems to be
that a majority of the people have voted in favor of it. To
give effect to this vote, however, there must be legislation ;
and it is understood that an organization or committee of
gentlemen who have especially espoused this cause has
the formulation of such legislation in charge. It is the
opinion of your committee that no action should be taken
by this club until such proposed legislation should take
form in Albany. It is apparent that a plan of consoHda-
tion may be formulated that will be objectionable in Its
details; while, on the other hand, a plan may be formu
lated that will be unobjectionable. Your committee is
not possessed of the information, nor has it now the time
for Investigation, necessary to enable It to make any recom
mendation at this time. This resolution also is being held
by the committee for further consideration.

REPORT OP COMMITTEE ON POLITICAL REFORM 269
Your committee has prepared a report upon the subject
of a bill conferring upon Mayor Strong the power of re
moval and appointment to offices of the city of New York,
so that he may be untrammelled in his efforts to give this
city a non-partisan business administration. In conformity
with the plans of the Committee of Seventy and In pur
suance of his pledges to the people. Your committee has
deemed It important that this club should define Its posi
tion on this matter in no uncertain terms, and a special
report thereon is presented to this meeting with this
report. No other resolution has been referred to this committee
during the past year; nor has it deemed it advisable for
the committee, on Its own motion, to bring any other sub
ject before the club.
New York, January 10, 1895.

ADDRESS TO HON. WILLIAM M. EVARTS
On the Occasion of a Reception given hy the Union League Cluh after
his Election to the United States Senate
The Union League Club have assembled this evening
to offer to you, Mr. Evarts, their united congratulations.
You are no stranger to its members, for you were one of
its founders, and have received at Its hands all the honors
it can bestow.
You are tendered this reception because you have re
cently been elected a member of that august body, the
Senate of the United States, by the suffrages of the repre
sentatives of this Empire State. We desire in a fitting
manner to congratulate you upon your elevation to that
body. We congratulate ourselves, and the whole body of
the citizens of the State, that they have secured your
eminent abilities for that high office.
We deem your election as fitting and of good omen
under the circumstances in which it has taken place. The
Republican party, after having been in power twenty-
four years, has been defeated at the polls and is about
to surrender the executive branch of the general govern
ment to the Democratic party. In theory, parties exist
with us only to enforce policies and principles of govern
ment which the people approve. They do not exist to ad
vance the fortunes of men or combinations of men by
placing them In office. This we believe to be the opinion
of the great mass of the thoughtful, intelligent voters of

ADDRESS TO HON. WILLIAM M. EVARTS 271
all parties. But, to carry out policies and principles of
government, men must be chosen to office, and they must
receive the honors and emoluments which pertain to office.
Good party principles can produce no practical results for
the people until the party which holds them can secure
the offices in the government, so as to enforce and exem-
pHfy its principles. In securing the offices a new danger
arises which must always confront a successful party. It
is a laudable ambition for any man to desire an office in our
republican government. It stimulates interest In the af
fairs of a government by the people when one or another
of the people may be called by the suffrages of his fellows
to take part in that government. There Is danger, how
ever, that the office-holding class will come to think, after
a time, that the party exists only to secure places of honor
and emolument for favored members of the party. When
this feeling has found lodgment, personal strifes are en
gendered. Internal factions are liable to be formed, and
men of high and low degree will have their individual
following. They lose sight of the purpose of their party
and of their own political principles In their zeal for their
favorites. Their likes and dislikes of persons will stimu
late or suppress their zeal for principles, and so it may
come to pass that a great party may be defeated at the
polls, even though the people do not in their hearts con
demn the party which they assist In defeating. The evils
just spoken of are not peculiar to any party or faction,
but pertain to all parties which have held power within
the last half century in this repubHc. We do not believe
these evils can ever be entirely removed from any success
ful party, taking human nature as it is. Nevertheless, it
has seemed to us fltting and proper at this time to call at
tention to these dangers, and, so far as the influence of this

273 ADDRESS TO HON. WILLIAM M. EVARTS
club extends, to declare Its adherence to the principles
and policy of the Republican party as best adapted to
promote the welfare of the people ; and to deprecate that
feeling which will defeat a candidate because not the
favorite of a particular faction. That there will always
be differences of opinion as to the relative merits of can
didates competing for the same office Is to be expected and
desired. Such differences tend to bring out the merits
and demerits of the candidates, and should lead to the
nomination of the best man. It is the spirit of faction,
which refuses to support a rival, that we deprecate. We
believe the honest desire of the majority of the voters
to continue the policy and principles of the RepubHcan
party in power has been often defeated In this State by
this factional and personal feeHng. We beHeve that the
most successful political management is that which seeks
to voice the desires of the people as to candidates, rather
than that management which, through the power of politi
cal organization, seeks to force the people from their
choice. By this better political management public atten
tion will be more steadily directed to a consideration of
the principles and tendencies of the contending parties,
and a transfer of power from one party to another will
mean an approval or disapproval of the poHcy of one or an
other of the great parties. We think that, notwithstanding
the defeat of the Republican party in the late general
election, the majority of the people believe in its policy,
and that they beHeve that the personal rights of all citi
zens and the material prosperity of the country would
be best conserved in its hands. This was not the case
when the Democratic party was driven from power in
1860. Among other things, it had proved itself false in
its principles and policy on at least three great cardinal

ADDRESS TO HON. WILLIAM M. EVARTS 273
doctrines which the people deemed material to the per
petuity and prosperity of the republic.
That party comprised a large body of citizens who
taught such extreme views of State rights that they finally
developed into the claim of the right of secession. The
bond of the federal Union was weakened and the repubHc
almost destroyed.
l"he Democratic party was false to the great principle
of our government, that all men are free and equal before
the law.
The Democratic party was also false to another great
doctrine, the application of which we believe to be essen
tial to the prosperity of the country ; namely, that legisla
tion should be so framed as to foster American industries.
It was because the Democratic party was false to the
true Interests of the people upon these three great leading
issues that it was driven from power in 1860 as no longer
to be trusted with the government of the country.
The Republican party assumed the control of the gov
ernment, and has held It for twenty-four years. It has
during this time, as far as possible, uprooted the pernicious
doctrines and policies which the Democratic party had
fostered. It has restored the federal authority to its
proper place in our scheme of government ; made It strong
and respected at home and abroad. It has preserved to
the States their just rights, holding them at the same time
in their proper relations to the general govermnent. Not
withstanding this splendid record, the party has been de
feated at the polls. If this defeat had been effected be
cause, on a full and fair discussion of the policy of the
Republican party, the people had determined to reject it,
the defeat would have great significance. But In looking
back upon the history of the campaign just closed, we
18

374 ADDRESS TO HON. WILLIAM M. EVARTS
cannot believe that the result of that campaign was due
tq the sober condemnation by the people of the principles
of our party.
We know that the old Issues, or some of them, will arise
again in some form, and will have to be discussed. Ques
tions of great Importance will present themselves. Among
them, questions affecting our foreign relations, our ship
ping Interests, the tariff, and internal revenue, upon all of
which questions our party will be likely to take issue with
the Democratic party. We recognize that the Senate of
the L^nited States Is the best forum from which to carry on
that discussion. We believe that you are well equipped,
by your great experience and learning and by your ability
in forensic debate, to present upon that forum the views
of Republicans of the Empire State. You have been
elected In response to the call of the people. Your most
ardent supporters in the legislature represented all the
divisions that have heretofore been supposed to exist in
the party, so that men who have not heretofore coalesced
In party management were found to be rivals in their
hearty support of your candidacy. This seems to point
to the conclusion that factional spirit Is to be laid aside,
and that the Republican party will seek to regain power,
as It originally acquired It, by Its better principles and
policy and its better capacity to preserve the just rights
of all the people and promote their prosperity.
It Is because you, sir, have been chosen to be one of the
foremost standard-bearers of the party In the great con
test that Is before us that we have tendered you this recep
tion. And while we congratulate you upon your election,
we pledge you our support In the great work in which you
are to take so conspicuous a part.
New York, April, 1885.

PAPER PREPARED FOR THE UNION LEAGUE
CLUB IN MEMORY OF JOHN BRIGHT
The Union League Club of New York deems the death
of John Bright an event that calls for some fitting tribute
from this body. A great and good man has finished his
earthly career. He has left a record of character and
Influence not often made. His fame does not rest upon
deeds performed upon the field of battle or in the works of
science or literature. His great work was in moulding
and directing the thoughts of men. In this field he was
a leader of first rank. He was a clear thinker, anxious
always to be right. Having settled in his own mind what
was the right of any cause, he espoused that cause with
all his energies. He was a clear and cogent speaker, and
by his powerful oratory, personal magnetism, and moral
force, any cause he advocated seemed to be reinforced by
a mighty host. He was by birth and education a Quaker;
all the sentiments of his nature were opposed to war ; but
he could look behind a war to see If the cause of the con-
ffict justified it. In the British Parliament he did not hesi
tate to denounce the wars of his own government. He was
not blinded as to the justice of a conflict by the sentiment
that one must sustain his country in all contests. Actu
ated by a high sense of duty, he did not hesitate to de
nounce the Crimean War as wicked and unnecessary. For
this he lost his seat in Parliament. For the same reason.

276 IN MEMORY OF JOHN BRIGHT
he resigned from Gladstone's ministry when the bom
bardment of Alexandria took place.
He was a close student of American politics. He
understood perfectly the causes that led to the great
War of the Rebellion In this country. He saw on the
one side an attempt to found a government upon the
basis of slavery; on the other side he saw a great
nation striving to maintain a government founded upon
the equal rights of all men. He abhorred the idea
that in this age a nation could be founded upon
slavery. Here was a cause for which, according to his
standard, war was justified. He did not hesitate to give
the loyal North his hearty support. It took no little
courage to do it. The governing and wealthy classes of
his country were at that time in sympathy with the South.
AU who were then living remember well the feeling of
disappointment, which soon turned into anger, at the seem
ing failure of England to give the loyal North moral
support and fair treatment. It was at this juncture that
John Bright stood up for our government against the tone
of England, and won the hearts of all loyal Americans.
It is hard, at this day, to realize the value of the service
he rendered to this country. It checked the tide of public
sentiment in England, that seemed to be almost unani
mously against our government. It was soon found that
he spoke the sentiment and sympathies of the middle and
laboring classes of his country. From that time we have
cherished his name and memory as worthy of lasting
gratitude. For more than twenty years his portrait has
hung in a conspicuous place on our walls. We invited
him to be our guest, but he was unwilling to make the
journey to this country. We have felt that no recognition
we could give of his services was too much for him; and

IN MEMORY OF JOHN BRIGHT 277
now that he Is dead we can only fervently and reverently
resolve that we shall ever hold his memory in grateful
remembrance. New York, April, 1889.

NATIVE COPPER IN MICHIGAN
Few people have any knowledge of the native copper
of Michigan — what it Is, where it is obtained, or how it is
procured and prepared for market; nor Is the magnitude of
the industry understood. Last year there were produced
105,586,000 pounds of refined copper, which at 17 cents
per pound (about the price of copper at this writing)
would amount to the sum of $18,045,620. It is a rapidly
growing industry, and the new openings and additional
machinery, now fast getting ready for operation, point to
an increased production of at least 20 per cent, in pounds
of copper for next year.
About $250,000,000 In value have been taken from
these famous mines, and yet no one suggests a probable
limit to the supply, or dares predict the extent of the
possible future development of this great Industry. Na
tive copper is so called because each particular piece of
copper as it Is mined, whether It be many tons in weight
or a fine particle of dust. Is pure copper of the same kind
and quality as the Ingot copper of the world's markets.
It Is not alloyed with any other mineral, except It carries
a trace of silver, and pure silver In small quantities Is
often found Imbedded in it.
It was this purity of the metal that made these mines
an object of Interest to an ancient people who discovered
and worked them extensively in some prehistoric age.
Those who look at a map of Lake Superior will see a
peninsula called Keweenaw Point that juts out Into the

NATIVE COPPER IN MICHIGAN 379
lake from the southerly shore, in a northeasterly direc
tion. It is a wee, small bit of land in this world to con
tain so much wealth and to possess so much romantic in
terest. These famous mines are situated along a line
about in the middle of this peninsula, running from south
west to northeast, and copper has been found at various
points along this line for about fifty miles. Ancient works
have been found at numerous points for about thirty miles.
There Is a deep mystery about these old works that it is
impossible to fathom. In the opinion of many they were
worked by a race of men that preceded the Indian races
found here when Columbus discovered this continent; but
others think that they were worked by the ancestors of the
Indian races here when white men first penetrated this
then far-distant country. This question can never be con
clusively settled. This much Is certain, that, whoever
worked these mines In ancient days, all knowledge of the
existence of the mines was gone from the Indians when
white men rediscovered them.
These ancient miners were a diligent and persistent
people. They seemed to know nothing of smelting cop
per,' for there are no traces of molten copper. They were
after pieces of suitable size to work by cold hammering
into useful articles and ornaments. They understood the
use of fire In softening the rocks to enable them to break
away the rock from the masses of copper. They knew
nothing of drilling or blasting, but used the stone hammer
freely. More than ten cart-loads of stone hammers were
found In the vicinity of the Minnesota mine. One of the
larger class weighed thirty-nine and one-half pounds, while
smaller specimens weighed five or six pounds each.
These stone hammers have a crease around them, ob
viously for a withe handle. Such handles are made of

280 NATIVE COPPER IN MICHIGAN
tough saplings or small trees that will bend around the
stone, and, when firmly bound in their place by strips of
strong bark, make a hammer about as effective as a mod
ern blacksmith's sledge-hammer. Ashes and wood coals
have been found on the rocks at the bottom of the work
ing, showing the use of fire to prepare the way for the
effective use of the stone hammer. These mines must
have been worked for centuries, judging by the extent of
the works.
In one place the excavation was about fifty feet deep,
and at the bottom were found timbers forming a scaffold
ing, and a large sheet of copper was discovered there. In
another place In one of the old pits was found a mass of
copper that weighed forty-six tons. At another point the
excavation was twenty-six feet deep. In another opening,
at the depth of eighteen feet, a mass of copper weighing
over six tons was found raised about five feet from its na
tive bed by the ancients and secured there on oaken props.
Every projecting point had been taken off by these people,
so that the exposed surface was smooth.
AVherever the ancients found copper from a few pounds
weight to a few hundred pounds in weight they were ob
viously able to utilize them, but the large masses were too
heavy for them to handle. Their habit was to throw the
broken stone behind them as they progressed with their
works. Many of their workings are ten feet or less in
depth. The copper obtained by these people was wrought
cold into axes, chisels, knives, spear heads, arrow heads,
bracelets, buttons, beads, etc. It has been observed that
very few of these articles are found near the mines.
There Is a piece of low arable land a few miles from
the mines, near the mouth of a small stream that runs into
Keweenaw Bay, which the old miners probably used as

NATIVE COPPER IN MICHIGAN 381
their camping ground, for here has been the principal find
of ancient tools on Keeweenaw Point. These copper tools
have been frequently found In the old earthworks in Wis
consin, Ohio, and Canada, and the writer thinks that he
has read of their being found farther south, in the Missis
sippi Valley. There are no human remains found near
the workings, nor evidences of human habitations.
The extreme severity of the winters and the absence
of any evidence of permanent occupation have led many to
suppose that the ancient miners migrated from some
warmer climate in the spring and returned In the autumn,
perhaps bearing their dead away with them. Whoever
they were, whatever their habits were, many centuries
have passed since they last worked these mines. Their
trenches and openings have become filled up, or nearly so.
Monstrous trees have grown over their works and fallen to
decay; other generations of large trees have grown and
perhaps fallen and decayed; how many, no one can tell.
All that is known Is that when the mines were rediscov
ered decayed trunks of large trees were lying over the
works, with a heavy growth of live timber then standing
on the ground. Over one of these works In the Minnesota
mine Mr. Knapp reports that a hemlock tree which he
felled showed 395 annular rings.
The desire to fix a time when these old works were
closed is intense, but cannot be gratified. It would be
curious to compare the civilization of Europe with that of
these people at the same time, if we could fix the date.
What was Europe doing when these stalwart men of the
Northwest were swinging those tons of stone hammers in a
no mean effort to accomplish a feat of mining that, a few
years ago, would have been creditable to our boasted
civilization ?

282 NATIVE COPPER IN MICHIGAN
Had Columbus pointed the prow of his ship to these
shores at the very time these men were industriously
working these mines, or had the forest trees then grown
over them? Dates would be interesting, but they cannot
be established. Of one thing we are certain, a great
modern industry has been, or, more properly speaking, is
now being, built upon this ancient industry.
The Jesuits who visited this country about two hundred
years ago learned from the Indians that there was copper
In the country. Claud AUouez, who visited Lake Superior
In 1666, states that pieces of copper weighing from ten
to twenty pounds were frequently found by the savages.
Pieces of copper that have been carried by the convulsions
of nature from their original bed are found many miles
from the copper veins. In 1864 a mass of copper weigh
ing about eighteen tons was found loose on the drift cover
ing the rock near Portage Lake.
A copper rock now on the government grounds in
Washington has a strange history. It was brought from
the banks of the Ontanagon River. It is supposed to have
been removed by the ancients in some way to the banks of
the river, and In an attempt to raft it over It got away
from them and sank to the bottom. When the water was
low it projected above the surface, and was an object of
religious veneration. It Is said to have been known for
over 200 years. The Jesuits heard of it from the Indian
priests, who, however, refused to conduct the missionaries
to the spot where it lay, on account of a superstitious belief
that when the white men had seen it the Indians would
be destroyed — a belief not without reason.
In 1820 General Cass sent a party of men to fetch the
rock away, but owing to its great weight they did not
succeed. Another attempt was made to remove It In 1827,

NATIVE COPPER IN MICHIGAN 288
but as the river was high and it was pretty much covered
with water this attempt failed. In 1842 another attempt
was more successful. It was removed to the mouth of the
river. A Mr. Eldred claimed to own it. It was afterward
claimed by a government agent, and finally removed to
Washington. By act of Congress Mr. Eldred was paid
$5,655 for It.
The first attempt at mining within historical times was
in 1771, but the location was not skilfully chosen, and it
was a failure. It was not until the report of Dr. Douglass
Houghton, State geologist, In 1841, that there was any
public knowledge of native copper In place on Keweenaw
Point. This report awakened great Interest In this coun
try, and explorations and developments have gone on with
generally increasing Interest to this date. A history of
the early struggles and trials of those who took part in
the development of this country would be exceedingly
Interesting. It Is a pity the task Is not undertaken by
some competent person before death has removed the last
of the actors who could tell the tale.
It was not until 1844, after the Indian titles were ex
tinguished, that mining began in earnest by white men.
Hundreds of companies were unwisely organized. Specu
lation was rife. Works were begun under great difficulties,
and knowledge of mining was limited. Capital was also
limited. The usual result followed — a grand collapse —
in 1847. Disappointment and failure were general, with
some notable exceptions. The methods of mining then
employed were primitive. The country is full of aban
doned works, and many of them are now being reopened
with fresh capital.
In the early days the mining was, in some of Its meth
ods, not unlike those of the ancient miners, but some

284 NATIVE COPPER IN MICHIGAN
modern ideas were introduced. DrilHng, blasting, and
stamping in a crude way were employed. In all cases,
except where large masses of copper were found, the ore
was roasted in burrows. These were formed by layers of
wood and layers of ore. In the roasting process care was
taken not to have the fire hot enough to melt the copper.
The large pieces of copper were sent to the smelting
works, the smaller pieces of roasted ore were stamped and
washed, and the resulting copper put In barrels and sent
to the smelter. This was called " barrel work."
The masses of copper found In the earlier days have not
been equalled In size in later years. In fact, large masses
of copper are not as profitable to find, owing to the diffi
culty and expense of getting them out and cutting them
up. Among the numerous masses of copper, the most
notable was found in the Minnesota mine in 1857. It was
difficult to dislodge it from Its native bed. Charges of
powder, first of 125 pounds, gradually increased to 550
pounds, failed to dislodge It. Finally, a charge of 750
pounds, securely tamped under it, was fired, with the re
sult of Hfting from its bed, without fracture, a mass of
copper forty-six feet long, eighteen feet in breadth, and
nine feet thick, the latter two measurements being taken
at the greatest distance, the whole mass weighing about
500 tons. In cutting It up fifteen tons of chips of copper
were made.
In the early days of mining there was great difficulty
experienced from the Isolation of the country and want of
transportation facilities. There were no railroads or tele
graphs, and the only means of transportation was by
water. All supplies for men and animals had to be
brought up before navigation closed. The winters were
long and severe. When once the cold weather "began

NATIVE COPPER IN MICHIGAN 285
the people were as isolated from the rest of the world as
the Laplanders. For from six to eight months they had
little or no communication from " below." An occasional
mail would be brought in by hardy adventurers on snow-
shoes, with dog trains.
One of the pioneers related to me that the news of the
first President Harrison's election in November, 1840, and
of his death the following April, came in the same mail,
about two months after his death. With all their trials
and deprivations, those who wintered here had many social
enjoyments and much real pleasure. There was much
good society among those In charge of the works, and
innumerable stories are told of the good times they had
in the old days of forty years ago. In those days men
walked ten miles on snowshoes to make New Year's
calls. A short neighborly call would usually last at least
a week. All this is changed now. Railroads, telegraphs, tele
phones, and electric lights, and a greatly developed indus
try have inaugurated a new era. The theatre of principal
mining interest has changed. The greatest mine for many
years has been the Calumet and Hecla. The development
of this mine began about 1867. Its progress has been
wonderful, and to-day It ranks as one of the greatest cop
per mines in the world. Its works are situated on what is
locally known as the Calumet and Hecla Conglomerate.
This is a vein at its mine of from six to twenty-eight
feet in thickness, generaHy carrying copper Interspersed
through the rock, the larger pieces, with rare exceptions,
usually weighing only a few ounces, and from that of all
sizes down to dust as fine as gold dust. No very large
masses of copper have been found, none worthy of notice
compared with those before referred to. It is the uni-

286 NATIVE COPPER IN MICHIGAN
versallty of the small pieces of copper through such a
vast quantity of rock that makes the marvellous wealth of
this mine, although in their explorations the workmen
have found long stretches of rock too lean to be worth
milling. In some of their shafts paying rock has been found
near the surface. In their early days they were fortu
nate in opening such shafts In very rich rock near the sur
face, which gave the company its financial strength, en
abling it to pay good dividends and push explorations.
The shafts extend for about two miles along the vein, and
are fourteen In number. Many of the shafts have been
sunk to a great depth before finding paying rock. One
of the latest explorations descended 2,300 feet before pay
ing rock was found. All of the shafts have found paying
rock when pushed deep enough, and all are richer at their
greatest depth than at the surface.
A study of these results, as well as of the results at other
mines, has led to the conclusion that the most profitable
mining Is to be found at great depths. The method of
mining by this company up to this writing has been to
sink their shafts down on the slope of the vein. Captain
Daniell, one of the ablest miners of that country, who
has been for twelve years In charge of the Osceola mine,
reasoning out the probable course and character of this
wonderful vein, backed by abundant capital, Inaugurated
a bold and original idea of mining. Selecting a location
beyond the lands of the Calumet and Hecla and above the
vein, he calculated that a perpendicular shaft should strike
the vein at a depth of 2,300 feet. It was a bold enterprise
to go out into the open country and lay out the work upon
land that showed no indications of copper at the surface,
and enter upon a labor of years to find a vein of copper

NATIVE COPPER IN MICHIGAN 287
the continuity of which was unknown except by logical
reasoning from the surface openings of the Calumet and
Hecla mine.
AVhat freaks of nature in the bowels of the earth might
defeat his logic no man could tell. Patiently, year after
year, the work went on, and at the end of three years and
four months the expected vein was found, within thirty
feet of the expected depth. The result was the opening
of the famous Tamarack mine, which, with other mines
now opening by the same men, bids fair to rival the Calu
met and Hecla. The Tamarack mine has been in success
ful operation for four years.
Encouraged by this success, a second shaft has been
sunk on the same location, which has just come into suc
cessful operation (August, 1890). The vein where pierced
by these two shafts is of the same general character as
that In the Calumet and Hecla. On another location the
same company has sunk two shafts to a depth of 2,300
feet, but do not expect to reach the copper until November
next, at a depth of about 2,500 feet. A third mine of two
shafts has been commenced on still another location and
has attained a depth of only 500 feet, but is expected to
be sunk about 3,800 feet before reaching copper. These
are bold departures from the traditional method of min
ing in this country, which heretofore had been to sink
on the slope of the vein.
Within about two years the Calumet and Hecla com
menced an enormous vertical shaft. Intending to cut the
vein on their land at a point below their present work
ings, at a depth of about 3,700 feet. It wiU take nearly
two years before this shaft can reach the vein. It will
be interesting to note the result of all these unfinished
works. If the calculations of their projectors are not at

288 NATIVE COPPER IN MICHIGAN
fault, they will put Into the shade all past achievements in
copper mining in this country.
Modern methods of mining and milling have made great
advances over old methods. The rock Is no longer roasted.
That method was abandoned years ago. Black powder
has been superseded by high explosives that throw down
much larger masses of rock. The hand drill has given
place to drills driven by compressed air. All the rock is
stamped In mills of great power. In 1860 a report was
made of a mill that stamped thirty-three tons per head
per day. Now a single head will stamp 260 tons per day.
The method of procedure is to raise the rock to the sur
face in such lumps as It is left in by the blast in the mine.
Here the large pieces are put through stone crushers that
break It Into lumps not larger than a man's fist. It is then
dumped into cars and taken about four miles to the border
of a small lake, where It is stamped and washed, a process
called milling. After the earthy matter is worked out
as far as practicable, it Is sent to the smelter, where it is
cast into the various forms of copper required in the mar
kets of the world.
It Is difficult in a few words to give an idea of the mag
nitude of these operations. The details would be tire
some. A few facts will serve in some measure as indices
to lead the mind to comprehend the subject. The people
who live almost together upon the group of mines, of
which the Calumet and Hecla Is the principal one, num
ber about 12,000, all of whom are either directly or in
directly supported by the mines. About half as many
more are supported around the mills and smelting works.
All the mines have to pump water up to their mills to
wash the earthy matter from the copper. The amount of
water pumped daily by the Calumet and Hecla to Its mill

NATIVE COPPER IN MICHIGAN 389
is about 34,000,000 gallons, a good supply for a city. But
more than this, this company has nearly completed a pump
that will throw about 50,000,000 gaUons a day, or an
amount in excess of half the water supply of the great city
of New York prior to July, 1890. The dividends this com
pany has made to its stockholders exceed $35,000,000.
It is only by such comparisons that the mind of the gen
eral reader is brought to a comprehension of these great
works. The amount of sand washed into the Portage Lake be
came so great that It threatened to stop navigation, and
the United States government has had to interfere and
prevent further use of the lake. Many acres of made
land are now in the lake from these washings. At present
most of the mills are on Torch Lake, but the time will
come when Lake Superior will have to be the dumping
ground. The Calumet and Hecla sends daily to the smelting
works about 135 tons of mineral, as the copper is called
after stamping and washing, which when smelted will
produce about ninety-five tons of pure copper daily. The
greatest depth of the Calumet and Hecla Is over 3,000
feet, and the greatest depth of the Tamarack Is about
2,850 feet. These two mines, the greatest producers, are
selected by way of Illustration. Proper limits forbid
further details in this paper, although the operations of
the Quincy, the Atlantic, the Osceola, and others would be
interesting. The native copper of these mines is the only consider
able body of such copper yet found In the world. The
character of the mines Improves the greater the depths
to which they are worked. In this respect this district is
different from many others. The Cornwall mines of Eng-
19

290 NATIVE COPPER IN MICHIGAN
land gradually changed to tin mines as they went down.
In Montana the mines are of decreasing value when
worked below the water level of the country. The Chilian
mines, that once dictated the price of copper for the
world, can no longer be worked with much profit, and are
not a serious factor In the market. The native copper of
Michigan has more tensile strength and greater conduc
tivity for electrical purposes than any other. It commands
the highest price in the market, for its better adaptability
for many kinds of manufacturing purposes.
In the deep mining of this country no particular change
is noticed In the temperature of the mines as they go down.
Water Is not encountered in troublesome quantities. The
veins seem to be almost hermetically sealed. These are all
favorable conditions for mining. A striking feature of
these improvements is the ponderous machinery, engines,
pumps, stamps, and fly-wheels, as fine as any In the world,
housed in large brick and stone buildings with Iron roofs.
All this In a place where the " forest primeval " stood in
its solemn stUlness thirty years ago. The trees were
of phenomenal size, and the sunshine hardly penetrated
their close and tangled growth. Even now the stumps
have to be grubbed out to make way for advancing Im
provements. Such are the Lake Superior copper mines as they ap
peared to me in my leisure hours of outing In 1890. Great
as have been their strides In the past, it seems to me that
the men in charge are just beginning to understand the
business and the country. Wonderful as the improvements
have been, others are to follow. Advanced thinkers are
looking forward to the time when electricity will come to
their aid to drive their drills and perhaps light these sub
terranean caverns. The time will also come when a limit

NATIVE COPPER IN MICHIGAN 291
will be reached for hoisting by steam power from the
surface. When I suggested this difficulty to Captain DanieH his
quick response was : " Electricity can be used to bring the
ore within reach of a surface hoist." At the suggestion
of expense he said : " That is not a very material factor."
His answer suggested large thoughts of future possibili
ties. It is refreshing to get away from the rut of metro
politan IKe and be with men who are doing the really big
things in this world — stalwart thinkers who form great
plans and patiently carry them out. Whenever a just
estimate of the really great men of the land is made up,
a successful mining captain or superintendent wUl hold
no mean rank.
New York, August, 1890.

ARGUMENT BEFORE THE LEGISLATURE IN
FAVOR OF AN EAST RIVER BRIDGE
At first blush the building of an East River railroad
bridge by the Long Island Railroad Company would seem
to be a bold enterprise, hardly justified by the situation.
An examination, however, shows that such is not the fact.
The day is passed when service by ferry, through fogs
and ice, is to be endured longer by the travelling pubHc,
with the changes and annoyances attendant upon reach
ing the river front, if there Is a practicable way of avoid
ing such annoyances. The two questions are :
First, the physical difficulties; and.
Secondly, the financial question of Its being a safe en
terprise for Investors.
The plan of the proposed bridge and railroad. In a few
words, Is to start on Park Avenue at some suitable point
between Thirty-fourth Street and Forty-second Street, with
a large passenger depot so constructed that the trains run
Into the second story; thence running by a viaduct or ele
vated road to the river front, spanning the river, with two
piers In the middle, to the east side, and thence on a via
duct or elevated road to Laurel HIU, Long Island.
That such a mode of transportation would be of the
greatest public convenience is not open to debate. The
effect would be to enable all citizens of New York to pro
ceed with the greatest comfort and the greatest rapidity
to the most magnificent stretch of beach and healthy land
that lies approximate to any city In the world.

ARGUMENT FOR AN EAST RIVER BRIDGE 293
In spanning the river a pier wUl be erected on the New
York side, on the buUdaead line. The next pier will be
built on what Is known as Man-of-War Rock, a dangerous
reef in the middle of the East River that is uncovered at
very low tide. This would leave the channel between New
York and Man-of-War Rock of the same width that it is
at this time, a distance of 1,000 feet. A second pier would
be placed in the water east of this rock, leaving a space
of 1,100 feet for the channel between that pier and the
Long Island side. The average channel on each side of
Blackwell's Island is not to exceed 800 feet, and In many
instances It Is 100 feet less than that, while the channel
through Hell Gate that Is available Is In many instances
only about 400 or 500 feet, so that there would be no
obstructions to navigation through such structure.
Every great enterprise that has been undertaken for
the purpose of affording facilities for travel has in a short
time been taxed beyond its capacity and beyond the most
sanguine expectations of Its projectors. No better illus
tration of this can be found than In the statistics of the
passengers carried and the earnings of the Brooklyn
Bridge, as shown by the following table:
Passengers carried
over Bridge. Earnings.
1883 (6 months)  1,082,500 $54,115 00
1884  8,528,840 426,486 00
1885  17,023,237 537,435 09
1886  24,029,267 661,361 51
1887  27,940,313 768,768 69
1888  30,331,283 833,760 34
1889  33,954,773 931,973 39
1890  37,676,411 1,032,014 23
Total  180,566,624 $5,245,914 25

294

ARGUMENT FOR AN EAST RIVER BRIDGE

Another striking Illustration of the rapidity with which
the public avails itself of any increased facilities for travel
is shown by the growth of the passenger traffic on the ele
vated railroads. The following table illustrates such
growth :
For the year ending September 30, 1884.
" 1885.

1886.. 1887.1888.
1889. 1890.

. 96,702,620
.103,354,729.115,109,591.158,963,232.171,529,789.179,497,433 .188,203,877

During the year 1890 there were carried across the
various ferries on the East River 88,663,509 passengers,
and across the North River for the same period, 84,663,-
400 passengers, making a grand total of 173,326,909
passengers carried on the several ferries from this city.
Notwithstanding the enormous traffic that has been car
ried on the elevated railroads, there has been a large In
crease in the travel upon the horse-car lines of the city
of New York, as shown by the following table :
Number of passengers carried on horse-car lines in
New York City.
1884  169,147,493
1885  190,836,475
1886  209,627,823
1887  203,182,092
1888  199,357,525
1889  208,504,703
No thoughtful person hesitates to beHeve that the
population of New York in the near future will be as

ARGUMENT FOR AN EAST RIVER BRIDGE 296
large as, or wiU be larger than, the present population of
London. London Is situated upon a comparatively small
island. New York has an open territory behind it to the
Pacific Coast of 3,000 miles in extent, that is growing
and developing with accelerated speed, to sustain and
promote the growth of this city.
Long before the bridge can be constructed there will
be a demand for its use much greater than exists at this
day. Immediately upon its opening, this demand will be
greatly stimulated.
The growth and prosperity of London depend upon
the fact that bold engineering enterprises have pointed
out a way to bring railway trains to the heart of the city
without interfering with the comfort of the people. It
would be Impossible for London to be London without
these great works.
As a matter of State pride It Is desirable that the prop
erty and the development should be upon the soil of the
State of New York rather than upon that of a neighbor
ing State.
No objection can now be raised to the proposed bridge
spanning the East River at an elevation of 135 feet above
the water at mean high tide. One bridge having been
built and others having been authorized, the time Is fully
ripe for affording every reasonable facUity that can be
given between New York and Long Island. No one doubts
the necessity and desIrablHty of leaving the navigation of
the North River unobstructed, but this bridge adds nothing
in the way of obstruction to the river. While river navi
gation has in the popular mind and In the minds of those
interested in river navigation been held to be something
almost sacred, nevertheless modern progress and the con
ditions of modern civilization require that while the rights

296 ARGUMENT POR AN EAST RIVER BRIDGE
of navigation should be carefully respected and preserved,
the greater mode of transportation by railroads, which
Is also a matter of the largest public interest, shaU also
be facilitated to the largest possible extent. The two can
and should be made to harmonize. There are various
great waterways in this country that have opposed the
construction of railroad bridges, but the requirements of
railroad transportation have overcome those objections,
and bridges have been constructed, and It has been found
to be possible to harmonize whatever conflicting interest
there may have been between those two great methods of
transportation, so as not to injure the waterways nor to
impede the railway — notably the numerous bridges across
the Mississippi and Ohio Rivers, and the bridges across the
Hudson River, particularly the Poughkeepsie Bridge,
where piers are sunk in the middle of the river. As a
matter of fact, the navigation of the Hudson River goes
on just as before, without difficulty, with the Poughkeep
sie Bridge built across the river.
In the construction of the East River Bridge it is per
fectly understood that it must be authorized by the au
thorities of the United States; and whUe this legislature
can take one step, and a necessary step. In that direction,
there must be a concurrence of the authorities of the
general government and also of the authorities of the two
cities through which the structure is to be built.
Bold and expensive as the enterprise Is, It was not
deemed advisable nor desirable to ask any concessions by
way of exemption from taxation to promote the enterprise.
All the property that will be acquired and all the struc
tures built will remain subject to taxation precisely the
same as other like property is taxed within the State. The
only favor asked Is that capital may be permitted to build

ARGUMENT FOR AN EAST RIVER BRIDGE 297
the structure, and that it may not be hampered or em
barrassed so as to prevent its being constructed, and that
it may have the same chance that other enterprises have
that are for the benefit of the pubHc and the benefit of
the investors.
Bold as the enterprise is. It is sound as a matter of pub
lic policy and sound as a financial venture, if it is per
mitted to go on without unnatural and unjust limitation.
This enterprise is of the greatest importance to the de
velopment and growth of the city of Brooklyn. As a con
sequence of building the bridge, Brooklyn will be put in
immediate and close connection by rail with the great lines
of railroad that run east, north, and west from the Grand
Central depot. Whether Brooklyn shall ultimately become
a part of the Greater New York of the future, the mate
rial advantages will accrue just the same to that locality
if it shaU continue a separate municipality instead of form
ing a part of New York.
The growth of travel on the Long Island RaUroad is an
illustration of how improved facIHtles have been accepted
and used by the public and have become necessities for
their accommodation and comfort. In 1876 the total re
ceipts of all the roads now constituting the system com
bined in the Long Island Railroad, with slight Increase
of mileage, was only about $1,500,000. As increased
facilities have been given to the Island the business has
increased with steady progress, until the last fiscal year
showed an income of over $4,000,000. The road has been
handicapped In Its growth and development by the annoy
ances and difficulties of ferry transportation. While the
natural growth will undoubtedly go on in the future as
it has in the past, with such increased facIHtles as must
of necessity be provided for it, it will be apparent to any

398 ARGUMENT POR AN EAST RIVER BRIDGE
one who will refiect that if the annoyances of approaches
to the ferries and of passing through Long Island City
along Newtown Creek can all be removed, the measure
of past increase will be no guide to the future increase.
The number of passengers, as returned to the Railroad
Commissioners, carried over the Long Island Railroad
each year. Is shown by the following table :
Number of passen
gers carried.
Year ending September 30, 1881  6,512,270
1882  8,878,453
1883  9,024,370
1884  9,326,747
1885  10,057,713
1886  10,458,896
1887  11,900,022
1888  12,234,083
1889  12,439,759
1890  13,139,691
1891  14,269,180
This enterprise comes to the legislature, not with the
desire to secure a franchise for the purpose of sale, or to
be in the way of any other enterprise, but It comes here
backed by the capital and resources of the Long Island
Railroad. It does not seek to interfere with any other
bridge enterprise. The character of the work it proposes
to do is the transportation of passengers upon railroads.
It does not propose to carry foot passengers or teams, but
leaves that field to any capItaHst who may seek to build
a bridge for that character of service. It would be per
fectly consistent. In granting this franchise for the pur
poses that it Is desired for the Long Island Railroad, to

u

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ll
It
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It
June
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ARGUMENT POR AN EAST RIVER BRIDGE 299
also charter another bridge to perform the work now per
formed by the Brooklyn Bridge. The two would be in
perfect harmony. In the near future there will be a large
city in the territory between the East River and Flushing
Bay that will require a bridge for the local business, and
the granting of the franchise for such a bridge would not
in the slightest degree interfere with this enterprise, nor
would it meet with any opposition from the promoters of
this bridge.
New York, 1892.

THE REAL VALUE OF COIN
It is Fixed hy the Value of the Bullion in it, not hy Laws
To the Editor of the Tribune:
Sir — It cannot be too often pressed upon the attention
of the people that In the great markets of the world gold
and silver, whether coined or uncoined, pass only at their
bullion value. The stamps and marks upon each par
ticular piece pass for nothing, no matter in what mint it
is coined. If $1,000,000 or £1,000,000 are paid in any
great centre of trade — say London or Paris — ^the money
is never counted, but weighed, and taken at a fixed price
per pound. A bar of gold of standard weight and fineness
is just as valuable as a like weight of coins from the mint.
The gold coins of the English mint are treated precisely
the same in the Bank of England as are the coins of the
United States, France, or any other country. Weight
and fineness are the supreme tests. Marks of value placed
on the coins by the different countries are of no moment.
Silver is treated in the same way. Coined silver has no
value over bar silver In the channels of trade in the
world. A considerable amount of silver in every country
has a fictitious value because it is the only metal that It is
practicable to coin Into small enough pieces for the small
every-day transactions of the people of each country.
Some gold nations carry more silver and some less in this
way, in proportion to population. The silver advocates
constantly ignore the bullion value of coined silver dollars,

THE REAL VALUE OP COIN 801
and talk about them as if by some potent mysterious power
the government could, by melting and forming the bullion
Into coin with marks on it. Interject some new value into
the silver. This Is a great and mysterious feat for a gov
ernment to perform.
Somebody will certainly try to find out the ultimate
factor In this great event. To solve the problem we would
suggest that the owner of a new ten-dollar gold piece and
of ten new silver dollars put the gold piece in a crucible
and melt it down; then put the ten silver dollars in an
other crucible and melt them down, and look for the re
sult. He will find that his gold will still be worth ten
dollars In the markets of the world, but his silver will be
worth only five dollars. Curious result! An interesting
thing has happened from a scientific point of view, al
though rather startling from a financial point of view.
No value gone out of one metal by melting It, and five
dollars gone out of the other by the same process. The
curious inquirer will ask, " What Is the virtue that has
gone out of one metal and not out of the other by melting
it doAvn ? " He will be likely to conclude that the lost
five dollars in the silver is a pretty elusive substance,
rather " gassy " for banking purposes or to use In dealings
in the markets of the world.
Our experimenter is out five dollars now by his opera
tions. We can suppose that he now applies to Mr. Bryan
to know what he shall do. Mr. Bryan would probably
say : " That is easy to remedy when we get free coinage.
Take your gold and silver back to the mint and have It
recoined; bullion value has nothing to do with the value
of money." Upon remlnting the gold and silver a won
derful result again appears. The gold comes out just ten
dollars, and the silver comes out apparently just ten dol-

803 THE REAL VALUE OF COIN
lars. It is rather puzzling to find out how it has happened
that the gold has passed through the fire twice without
change of value, while the silver was reduced to its
bullion value of five dollars by fire and raised again to
ten dollars by coining it. There can be but one solution
to this riddle. It Is in the inherent power of the Congress
of the United States. They can pass an act and force into
a piece of silver worth fifty cents in gold a value equal to
100 cents in gold. It does not look reasonable, but Mr.
Bryan said he " believed " that would be the result. Is
not that enough for any reasonable man ?
Yes, Congress must have the power to take a com
modity that has only a commercial value by weight in
the markets of the world, and by its own fiat double its
value. At least such seems to be the only reasonable
conclusion from the silver advocates' premises.
But here comes another question : Why all this bother
about sixteen to one? If Congress is omnipotent to fix
value regardless of bulHon value, why not make it eight
to one? It seems just as easy to stamp the quantity of
silver in a haK dollar with the stamp of one doUar and
so make it a dollar. The same inherent power that can
go half way can surely take the next step and go all the
way. By this step we could double our silver money at
one bound.
Of course the Idea of the Old World that aU money,
gold and silver, should be weighed, and its bulHon value
found out, would bother us for a time in the markets of
the world, where the surplus cotton and wheat are to be
sold. This little matter does not seem to trouble the
silver advocates.
All this trouble about a gold standard of value In coin,
according to the silver advocates, seems to have its root

THE REAL VALUE OP COIN 308
In the Idea that farm products are too low, chiefly the
great staples of cotton and wheat. In their arguments
they Ignore the interests of the mine owners. Why not
Invoke the Inherent power of Congress to Increase values
in another way, by fixing a new standard of measure?
Make half a bushel of wheat a bushel, a half pound of
cotton a pound ! This would apparently double the prod
ucts of those staples. The only trouble the producers
would meet when they appeared in the foreign markets
with their surplus products would be that the foreign
purchasers would insist upon applying the same rule they
do to gold and silver, and weigh the stuff. That Httle
difficulty ought not to baffle the silver philosophers.
The mistake our free-silver advocates make is In mis
taking the function of a government in the act of coining
metal. It is simply the act of an honest and trusted agent
to weigh and mark each piece of coin and certify to Its
weight and fineness. After that its value is determined
in the marts of trade. It is true that Congress can decide
what shall be legal tender, and In law the coins they de
clare shall be legal tender will be legal tender. There is
a wide difference between value for legal tender and value
in trade. One is compulsory by law for a special purpose,
the other value Is determined by the consensus of opinion
of mankind In trade. It is by the latter standard that real
value Is fixed.
To illustrate : Suppose we finally go upon a silver basis.
The law would still stand that both metals could be legal
tender, and for that purpose be equal. But If gold should
go to a premium of say 100 per cent., how long would it
take for everybody to know that gold was worth more
than silver, in spite of the act of Congress? Turn the
question as you will, actual value cannot be created by

804 THE REAL VALUE OF COIN
act of Congress. There is a law above and beyond that
body that fixes actual value. Happy is the country all of
whose coins conform to this supreme standard !
Compulsory free coinage means the adoption of silver
as the unit of measure of all values. If the silver advo
cates who understood the subject were honest, they would
go to the people with the Issue stated in its true form.
To put It bluntly and plainly, so that common people can
understand, they would say, " Our purpose Is to adopt a
silver standard." Every advanced civilized nation has
abandoned silver as a standard, because it has been tried
and found wanting in that essential of a standard, fixity
of value. In commerce it has been found to have the
same fault that rubber has for tapellnes— too elastic, too
uncertain. The South and the West have been clamorous
for a foreign market for their products. They wUl find
out that they will have to come to the hated gold standard
in those markets, whatever this government may do.
The largest experience and most advanced thought have
decided that there Is no other standard. Our money will
be put on the scales and weighed, and will be received at
just Its bullion value, not a farthing more. Congress Is
powerless to decree It otherwise. So far as the outside
world is concerned, we can gain nothing out of free-silver
coinage. The scales will detect and throw out every false
estimate and mark we may put upon silver. We shall
step down from our proud position as one of the foremost
nations of the globe. Upon ourselves the blow will be
felt most severely. The first to feel its effect will be the
laboring man. None will escape. To vote for compulsory
free coinage Is to vote for financial chaos, with all the
losses and suffering involved In that condition of things.
A word of exhortation to my countrymen. Ponder long

THE REAL VALUE OF COIN 305
and deeply before you take this wild leap Into financial
chaos. A lifetime of regrets will not atone for such a
mistake. Don't think for an Instant that It is a matter of
small moment how you vote. The spark that flies Into the
magazine is small, but the destructive explosion Is tre
mendous. Dallying with silver for twenty-three years
has brought us to the brink of ruin.
The Bland law compelling the coinage of silver was the
entering wedge of all our silver troubles. We have gone
too far on that road already. It Is time to retrace our
steps and take our stand upon firm ground, where all the
substantial Interests of the civilized world stand to-day.
The Pope's bull against the comet was a more defensible
proceeding than the task the free-silver advocates have
undertaken, for the reason that If the bull did no good
It did no harm. Who will undertake to estimate the
damage that will be done if these misguided men succeed
in placing this country on a silver basis, unsettling all
values in this vast country, and taking It out of the ranks
of the foremost nations of the world ?
New York, 1896.
20

OPINION IN CASE OF JOHN MOST THE
ANARCHIST
The men who framed the Penal Code of the State of
New York undertook to specify all the crimes known
to the law, to state their character, whether felonies or
misdemeanors, and to provide a penalty in each class of
crimes by naming a minimum and maximum penalty in
most cases. The attempt to thus codify the criminal law
was declared by many able jurists an impossible under
taking. It was argued that the system of laws called the
common law was the accumulated wisdom of ages ; that It
was flexible and able to adapt itself to every new mamf es-
tatlon of crime that might appear, keeping within the
spirit of established principles of justice, but always able
to cope with any form of crime that might develop. That
there was great force to this objection was felt by the
codlfiers and by all jurists. They knew the infirmity of
language and the fallibility of the human intellect In
undertaking to define In precise terms every crime. On
the other hand, the common law of crimes was in many re
spects overgrown with a multitude of precedents and de
cisions, and its roots ran back through so many centuries
of time that It was only to be learned by wading through
a mass of books so great that there was much difficulty in
some cases in determining what was the common law.
After framing 674 sections of the Penal Code, specifying
crimes and punishments as completely and fully as the

CASE OP JOHN MOST THE ANARCHIST 307
codlfiers were able to state them, they framed the 675th
section, which contains these words :
" A person who wilfully and wrongfully commits any
act which seriously injures the person or property of an
other, or which seriously disturbs or endangers the public
peace or health, or which openly outrages public decency,
for which no other punishment Is expressly prescribed by
this code, is guilty of a misdemeanor."
The plain and obvious intent of this was to leave in
the code a little of the flexibility of the common law to
meet cases which they had failed to specify in the preced
ing sections. That the words of this part of the section are
general is just what might be expected from the nature of
the case. The purpose of the section Is to try offenders for
something not " expressly prescribed by this code." If
the offence was one expressly prescribed by the code, then
clearly the offender must be tried under the section pre
scribing It. It Is only offences not prescribed In the code
that can be tried under this section. This section Is the
legislative mandate and warrant for courts to look out
side of all the other sections of the code to discover
offences not specified in the code. Otherwise the section
Is meaningless. It Is fair to presume that the legislature
thought that crimes would crop up that would " seriously
injure the person or property of another," or " seriously
disturb or endanger the public peace," or " openly out
rage public decency," that were not mentioned In the
body of the code, and so this commission was issued to
the courts to explore such new fields of crime as they may
appear from time to time.
We are, therefore, brought face to face with the ques
tion whether the acts charged in the Information in this

308 CASE OF JOHN MOST THE ANARCHIST
case are criminal acts within the spirit and Intent of this
section. That the section is general In Its words and not
specific was a necessity of the purpose of this enactment.
That the crimes that come within the range of this law
are comparatively new and novel to the law is to be ex
pected. If It were otherwise, they would have been speci
fied in the body of the code. The acts that might be com
mitted to produce the results condemned by the section
were not common acts then generally known to criminal
laws. If the conditions of " injuries to persons or prop
erty," or " serious disturbance and danger to the public
peace," or " openly outrage of public decency," are found
to exist. It then becomes the duty of courts to find the
author of those conditions and punish him as the law
directs. We hold that the teachings of the doctrine of anarchy
" seriously disturb or endanger the public peace," and
also " openly outrage public decency." To give this con
struction to the law In no way abridges the liberty of con
science In matters of religion, nor the freedom of speech
on all questions of government or of social life, nor does
it in any way trespass upon the proper freedom of the
press. The point and pith of the offence of anarchists is
that they teach the doctrine that the pistol, the dagger,
and dynamite may be used to destroy rulers. The teach
ing of such horrid methods of reaching an end Is the
offence. It Is poor satisfaction when one of their dupes
has consummated the results of their teaching to catch
him and visit upon him the consequences of his acts. The
evil is untouched if we stop there. In this class of cases
the courts and the public have too long overlooked the
fact that crimes and offences are committed by written
or spoken words. We have been punishing offenders in

CASE OP JOHN MOST THE ANARCHIST 309
other lines for words spoken and written without waiting
for an overt act of injury to persons or property. The
press is restrained by the law of libel from the too free
use of words. Individuals can be punished for words
spoken or written, even though no overt act of physical
Injury follow. It Is the power of words that Is the potent
force to commit crimes and offences in certain cases. No
more striking illustration of the criminal power of words
could be given, if we are to believe the murderer of our
late President, than that event presents. The assassin
declares that he was Instigated and stimulated to consum
mate his foul deed by the teachings of Emma Goldman.
He Is now awaiting execution for the crime, while she Is
still at large In fancied security. A person may advocate
any change of our government by lawful and peaceful
means, or may criticise the conduct of its affairs, and get
as many people to agree with him as he can, so long as he
does not advocate the commission of crime as the means
through which he Is to attain his end. If he advocates
stealthy crime as the means of reaching his end, he by that
act commits a crime for which he can be punished. The
distinction we have tried to point out has been too long
overlooked. If our conclusions are sound, It Is the teachers of the
doctrine who can and ought to be punished. It Is not
necessary to trace and establish the connection between
the teaching of anarchy and a particular crime of an overt
nature. It Is a strange spectacle In this age for a great nation
to stand mute and paralyzed In the presence of teachers
of crimes that are advocated only for the purpose of de
stroying such nation, and for It to have no power to defend
against such Internal enemies. We do not believe the

310 CASE OP JOHN MOST THE ANARCHIST
arm of the law is too short to reach those offenders against
the IKe of the nation or too paralyzed to deal with them.
The Hberty of conscience, the freedom of speech, the free
dom of the press, do not need such concessions to save to
the fullest extent unimpaired those sacred rights of a free
people. In the case at bar every fact stated in the information
was conceded on the trial. The article published in the
newspaper called the " Freiheit," annexed to the Informa
tion, was printed in the German language, but the transla
tion of It was admitted by the defendant to be correct.
It was also admitted that the paper was published and
circulated in the city and county of New York, and that
on the 7th day of September, 1901, the date of the issue
containing the article in question, the defendant was the
publisher of said newspaper; that the article was pub
lished and circulated before the assault on the late Presi
dent of the United States. It was contended that the
defendant was not the author of said article ; that the
same was written and published by one Carl Helnzen about
fifty years ago, and was reprinted by the defendant In
the "Freiheit" on March 14, 1885; that the defendant,
John Most, as soon as he learned of the assault upon our
late President, made all possible efforts to withdraw the
newspaper containing the article in question from circula
tion; that with the exception of those which had been
sent through the mail and delivered to the International
News Company, no more copies had been sold, so far as
known to the defendant. It was also admitted that the
copy of said newspaper attached to the information was
purchased by the complainant from the International
News Company.
The article is the leading one on the editorial page

CASE OP JOHN MOST THE ANARCHIST 311
of the paper, and it is headed " Murder vs. Murder," in
display type. The article begins : " As Helnzen said
nearly fifty years ago (this is true even to-day), there are
various technical expressions for the Important manipula
tion by which one human being destroys the life of an
other. These expressions are, ' To kill, to destroy, murder,
to shoot, to slay, to poison, to put out of the world, de
port to Cayenne, get out of the way, to behead, to strangle,
to cut down, to be killed by the sword, to execute by
shooting, to imprison for life, to execute, etc' The means,
the pretext, and the reasons are various, but the purpose
is always the same — the destruction of a Hfe that Is hos
tile or a hindrance." " It would be a senseless weakness
to disguise by sentimental lamentations the frightful fact
that the best means of historical development has been
murder, and, in fact, murder In the most colossal shape;
and this is still true." " Let murder be our study — mur
der In every form. In this one word lies more humanity
than In all our theories." " The despots are outlawed ;
they are in human society what the tiger Is among animals;
to spare them Is a crime. As despots permit themselves
everything, betrayal, poison, murder, etc., in the same
way all this is to be employed against them. Yes ; crime
directed against them is not only right, but it is the duty
of every one who has an opportunity to commit It, and it
would be a glory to him if It was successful. Only towards
mankind Is there a moral of consideration; the moral
toward beasts is destruction." " Murder as a necessary
defence Is not only permissible, but It Is sometimes a duty
towards society when It Is directed against a professional
murderer." " The way of humanity leads over the sum
mit of barbarism. This Is just the law of necessity dic
tated by reaction. We cannot get around it, as we do not

312 CASE OF JOHN MOST THE ANARCHIST
wish to renounce the future. If we wish to design we
must also wish the means; If we wish the life of the
peoples we must wish for the death of their enemies; if
we wish for humanity we must wish for murder." " It
would be quite a new war policy if in the circus the pan
ther permitted the buffalo to prescribe to him that he
should defend himself with horns against horns, and that
he should not immediately spring upon his back from
behind. The buffalo militarism request that the revolu
tionists disarm to the skin, should march openly against
him after declaration of war in optimia forma militari,
with cannons and ammunition wagons, with cavalry and
infantry, after the people had been disarmed. We do
not suffer from such weakness; we say murder for mur
derers; save humanity through blood and iron, poison and
dynamite." The above are a few extracts from the translation of
the article In question. It Is Impossible to read the whole
article without deducing from it the doctrine that all rulers
are enemies of mankind, and are to be hunted and de
stroyed through " blood and Iron, poison and dynamite."
It is no answer to the evil and criminal nature of this
article to claim that it was written for the purpose of de
stroying crowned heads. It Inculcates and enforces the
Idea that murder is the proper remedy to be applied
against rulers. The fact that It was published fifty years
ago and republished about fifteen years ago only empha
sizes and gives added point to the criminality of re
publishing It at any time. It shows a deliberate intent to
inculcate and promulgate the doctrine of the article. This
we hold to be a criminal act. It Is not necessary to trace
any connection In this article with the assassination of the
late President. The offence here, in the eye of the law, is

CASE OF JOHN MOST THB ANARCHIST 813
precisely the same as If that event had never occurred.
The murder of the President only serves to Illustrate and
Illuminate the enormity of the crime of the defendant in
teaching his diabolical doctrines.
Such articles and doctrines have no proper place in
this free country. They stimulate the worst possible politi
cal ideas and passions, and, carried to their logical con
clusion, would destroy the government. It was said by
a distinguished English judge, in the celebrated Somerset
slave case, that " No slave can breathe the free air of
England." It would be well if the laws of this country
were such that it could be said truthfully that no anarchist
can breathe the free air of America.
New York, October, 1901.

LETTERS OF JUDGES AND OTHERS, 1861

Albion, May 22, 1861.
Learning that Mr. E. B. Hinsdale, of Le Roy, Is about
to remove to New York, it gives me great pleasure to
recommend him to the favorable notice of the bench, the
bar, and the public generally, of that city. I have been
acquainted with Mr. Hinsdale since I have had a seat on
the bench of this district. As a lawyer he Is well read and
has attained a good standing in the profession, and I
believe him to be a gentleman of good character and
in all respects entitled to the respect and confidence of
the community. Noah Davis, Jr.,
Justice Supreme Court.

Buffalo, May 22, 1861.
I fully concur In the above and cheerfully commend
Mr. Hinsdale to the favorable consideration and confidence
of any who may have occasion for business relations with
him. James G. Hoyt,
Justice Supreme Court.

Warsaw, May 22, 1861.
Having been informed that E. B. Hinsdale, Esq., of
Le Roy, contemplates removing to the city of New York
with a view to the practice of the law, I am happy to say
that I have been well acquainted with him for several
years; that he has tried several cases before me as a ref
eree ; that I regard him as a good lawyer and a gentleman
of high standing and character. His habits are good in
every respect. I have no doubt, from my knowledge of his
legal abilities and attainments and industrious habits, that
he will succeed weU In the legal profession, and I cordially
recommend him to the confidence and patronage of the
profession and the public generally. H. L. Comstock,
County Judge of Wyoming County.

Rochester, May 23, 1861.
The bearer of this, Elizur B. Hinsdale, Esq., attorney
and counseUor-at-law, now of Le Roy, Genesee County,
N. Y., is well known to me. I am informed that It is
his purpose to remove to the city of New York and enter
into the practice of his profession there. He deserves
success, and I believe will command it. He is a man of
intelligence and honor, a good lawyer, of industrious
habits, and worthy of the confidence of the community
where he may reside.
In fine, he Is a gentleman whom a cautious man may
commend in highest terms without reserve, or fear of
reproach. John H. Martindale,
Attorney and CounseUor-at-law.

Rochester, May 23, 1861.
I take great pleasure in stating that I have been
acquainted with Elizur B. Hinsdale, Esq., formerly of
Le Roy, Genesee County, for several years, and that he
is a gentleman of high respectablHty and undoubted honor
and Integrity.
Mr. Hinsdale Is about removing to New York to prac
tise his profession, and I cheerfully recommend him to
the favorable consideration of our brethren of the bar as
worthy of the fullest confidence. Jno. C. Chumasevo,
Monroe County Judge.

Rochester, May 23, 1861.
I have met E. B. Hinsdale, Esq., frequently within the
last four or five years, and have had opportunities to be
come considerably acquainted with him. I regard him
as a young man of good character and standing, and of
excellent abilities and promise as a lawyer. My best
wishes will attend him wherever he may pursue the prac
tice of his profession. T. R. Strong,
Justice of the Supreme Court.
21

Bank of Genesee, Batavia, May 23, 1861.
I have been acquainted with Mr. E. B. Hinsdale from
his boyhood, and take pleasure In commending him to the
confidence of any person desiring his services. I have no
doubt he will prove himself worthy of any trust that may
be confided in him, and will diligently and faithfully
attend to any business committed to his care.
H. U. Howard, President.

Batavia, May 25, 1861.
I have this moment been informed that Elizur B. Hins
dale, Esq., of Le Roy, In this county, contemplates an early
removal to New York to engage in professional business.
I take great pleasure In recommending Mr. Hinsdale to
the favorable consideration of the bench and bar in that
city. Mr. Hinsdale Is a young man of good business habits,
and has made good proficiency in his profession. I have
been acquainted with him from his first entering the pro
fession, and recommend him as an industrious and thor
ough business lawyer of irreproachable character, and a
gentleman in his manners, and possessing a high order
of talents. May he be abundantly successful.
Very respectfully, Moses Taggart,
County Judge of said County and former
Justice Supreme Court.

Genesee County Bank, Le Roy, May 28, 1861.
For sixteen years I have known E. B. Hinsdale, Esq.
Have frequently met him socIaUy, and had numerous
business transactions with him, and know him to be a
pleasant, reliable friend, a man of undoubted integrity,
and beHeve him to be the best lawyer of our county. In
the transaction of law business he is prompt, energetic,
and successful. Respectfully, S. T. Howard, Cashier.

Jamestown, May 31, 1861.
I have been acquainted with Mr. E. B. Hinsdale, a
member of the Genesee bar, for several years, and from
the commencement of his practice. He Is a young gentle
man of good abilities and weU read in his profession. He
possesses great industry and perseverance, as has been
often shown by his briefs and arguments, and I do not
hesitate in commending him to the confidence of aU who
may make his acquaintance. He is, I understand, about
to commence business In the city of New York. He is
at Hberty to show this to the judges, the profession, and
others In that city.
Respectfully, R. P. Marvin,
Presiding Justice Supreme Court, Eighth District.

YALE UNIVERSITY

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