Year: 1876

eral merits been recently discovered. He has long
resided In the same populous city and has
maintained in active practice conspicuously high
personal and professional character. Still, until he
thus euogized the Tweed decision his fitness for pub
lic station had not been psrceptble to any OF the
political managers. The newly excited favoritism
which made him thenceiorth the pet Of persons con-
trolling the republican organization, is, therefore,
imputabls to that act Plainly his repeated
nominations had their origin desire to procure for
official dslinquents tho benefit OF such law and such
justice discernbe that decision, or in other
words 10 perpesuae the ogarchy which is the pecula-
tors shield Had Mr.. Danforth been Nominated but
the act might be pronounced an oversight, and,
such, excused. But fnd that, over since
his adhesion 10 Tweedsm. certain managers
in the republican organization have eagerly and
perssteny seized upon every available opportunity


10 nominate him for precisely those high public Offices
which would enable him. sham prosecutor or partial
judge, 10 aid in giving Immunity to peculatorA Who
control this movement Is unknown; but evidently tho
same spirit guides which Iepudiatcd Barlow the IN
donitable foe OF peculation.


II IL not my present purpose TO argue against this
course OF political action my sole purpose is to call
your attention to IT, and to ascertain whether you, tho
republican electors Of the Slate are avcrse TO tho
earnest prosecution OF pecuators and prefer that they
should receive such justice Mr. Danforth Is inclined
to administer in their cases As TO some agencies IN


the republican organization no doubt can exist They
have 10 be discarded from its tho chiv
alrous Attorney General Barlow for no other discern


ble auit than his hostility 10 pccuiators and you
cannot fail to see that they have perssenty directed
the whole force Of your organization to Investing with
authority, in such cases. whose special and dis
tnctive merit found his public advocacy Of the
Tweed habeas corpus decision.


Even IL 1t be in the minority, the republican party
embraces noarly one-half OF our population and It's
members may Justly claim respectful consideration
Among thcm aro nearly all the monnaires in the
State and 1 verify ocleve considerably more, in
amount, than one-haf OF the taxpayers. These are
the classes most directly Immediately and sensbiy
interested in the suppression of official swinding
This IS apparent Notwithstanding tho fact that tho
burden is ultimately borne by that class whose
do not generally appear in tho tax lists.


A silent retirement from the post which has been
ssgned me merely because adequately efficient
spirit Of hostility 10 peculaon may not be discornibe


in the ruling parties, would be act OF questionable
propriety; but If OF parties the repub-
lcap, has understandingy adopted, US its favore
didate for all high offices connected with the admins-
tration Of justice George f. Danforth, tho champion
OF Tweeds release such retirement would be excusabe


Some friends patrons OF official swindng
though voting tho democratic ticket may erase the
name of Judge Earl from their ballots and substitute


Tor 1t that of Mr. Danforth; but It will not be difficult,
after the election, 30 ascertain with reasonable
tainty whether the of republican voters have In
respect to this Office, followed obsequiousy their lead
Should they do so, shall consider that pecua-
ton is not distascful to them aud shall hold myself
relieved from further service in prosecuting official
swinderg Such fact would pretty clearly indicate,
foreordaned conclusion, the ultimate defeat Of all
suits against pecuators tho highest court and that
too with the full approval OF large and highly nau
entail portion OF my fellow citizens.


have deemed IT proper thus 10 address you, the
republican electors OF tho State because organ Of
the other party has treated Mr. Danforths nomination
as in any degree Objectionable the ground here
stated; and were to remain silent most Of you would
probably vote without being aware OF Mr. Daniorth's
position To show that favor antpathy to either
party influences me in this step, it may be expedient
10 make some further statements.


DEMOCRATIC NOMINEE.


judge Earl, the democratic nominee, has never
voted for the official swindcrs IN any public manner
exhibited expressed any sympathy with them. Mr..
Danforth, on the contrary, has, In public, approved
the unjust and illegal Tweed decision and in pro-
connection has highly eulogizcc the Court that
made It, Whether in respect to this class OF cases,
Il
Danforth l will no. venture to say. As one
against his single voice would avail;
and experience has shown that, In such court re-
lance rarely be placed the fortitudo Of a mi
norty. Consequently the vote that may be given at
the polls for the other OF these candidates can
be regarded material, only In q single aspect II IL
shall indicate that by tho frank and en in the
publican voting column, known and avowcd advo-
cate Of the Tweed habeas corpus decision is preferred
for judicial station to whose escutcheon no
such embiazonry appears, may regard the ultimate
triumph OF pcculation as assured.


stu fow words havo no personal feeling
apainst the court any OF It's members. They have
uniformly treated mo with the most perfect courtesy.
Except in these two OF The State versus Inger
soil and Fields, my advocacy before them has
been invariably attended with the gratifying re-
suits. The opinions delivered In those cases contained
word that could have displca.od me personally
but rather the very opposite. Besides no merit was
ever claimed for devisng those suits Under
existing circumstances the humbiest intellect must
have perceived that suit by the State the only
form anordng any possible hope OF success The ex-
pertinent was, therefore, imperative duty, for the
not clearly against the State, is shown by
tho opinions Of Judge Rapalo and the Chief Judge in


its favor. The decision Tweed's habcas corpus was
still moro frce from anything personally unpleasant.
AS had not the slightest participation in any part of
that that has been questioned, my pride Of opinion
could not have suffered IN any event. II had any
such feeling tho result would have been intensely
nat,erng For of better higher authority
the senior Judge tAcn before mentioned cited as
an ..unanswerablc support for his judgment one OF
my arguments Was more luscious food ever rendered
10 the lip o: selloves Tho absurdity OF this citation
appears be sure in the fact that this .upanswer-
h.
not affecting Twscd's interests fatty overrred
by the Court But that matter is aside
from my object in this concluding explanation Tho
objec. is To- show that nothing regard for public
justice stimulated my opposition to the Court OF Ap-
pcala That opposition could have private motive.
1t was easy TO sec, In advance, that must be, in
every respect unpleasant and Improbable TO myself


Ii was from lrst and is, in this It's probably last
exhhton m unavoidable sacrllco Of private interest