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Hoffman and Beach ;

THEIR

' LIVES AND SERVICES.

[itlt ijiourapliicnl ^Iietcks

OLIVER BASCOM, DAVID B. McNEIL, AND EDWIN O. PERRIN.

BEING A FULL AND OOMPl.ETE HISTORY OF THE PUBLIC AND PRIVATE CAREER OF THE CANDIDATES (JN THE DEMOCRATIC STATE TICKET.

^m farfe:

PRINTED BY THE NEW YORK PRINTING COMPANY, 81, 83. AND 85 Centre Street.

i 1868.

BIOGRAPHICAL SKETCHES

OF

JOHN T. HOFFMAN

AND

ALLEN C. BEACH,

THE

DEMOCRATIC NOMINEES FOR GOVERNOR AND

LIEUTENANT-GOVERNOR OF THE

STATE OF NEW YORK.

ALSO,

J-P

A RECORD OF THE EVENTS IN THE LIVES OF OLIVER

BASCOM, DAVID B. McNEIL, AND EDWIN 0.

PERRIN, THE OTHER CANDIDATES

ON THE SAME TICKET.

HIRAM CALKINS AND DE WITT YAN BUREN.

NEW YORK:

THE NEW YORK PRINTING- COMPANY,

81, 83, AND 85 Centre Street. 1868.

■^1:

CONTENTS

JOHIV T. HOFF]yiAI¥.

PACK

I.— Early Life 3

II. — Career as Recorder 6

III. — Re-election as Recorder, and his Second Term 15

IV. — Nomination and First Election as Mayor 23

V. — Nomination for Governor, and the Canvass of 1866 30

VI.— Events and Speeches in 1867 54

VII.— The Fall Campaign of 1867 63

VIII. — Re-election as Mayor 71

IX. — Second Nomination for Governor 89

X. — John T. Hoffman as a Man and Orator 93

AL,LEM C. BEACH.

Boyhood Struggles 95

Success in Life 97

OLIVER BASCOI«.

Nominee for Canal Commissioner ' 106

DAVID B. McWEIIi.

Nominee for State Prison Inspector 108

EDWIi\ OSCAR PERRIW.

Nominee for Clerk of the Court of Appeals 110

E R R A T A

Two or three technical errors have been overlot)ked in the haste of arrang- ing the documents for the Sketches.

On page 8. it should read ''New York," instead of " White Plains."

On page 51, " in and about," instead of " inside."

On page 59. should read "acts and deeds," instead of "actual deeds."

On page 79, in speech. " the nomination of President," sliould read " the assassination of the President."

On page 97, should read "Mi.^s" Pickering, instead of "Mrs."

JOHN T. HOFFMAN.

CHAPTER I.

Hoffman's early life.

The name of Hoffman has long been familiar to every Democrat in this State. It is a name which has for a quarter of a century, at least, been associated with the traditions, identified with the history, the growth of our State, and the struggles of the Democratic party. On almost every page of its history tliis name is to be found, and, like that of Seymour, occupies a foremost position on all occasions.

The branch of the Hoifman family from which the present nomi- nee for Governor sprang is, however, more noted for its triumphs in scientific and professional walks of life, rather than in the politi- cal iield. It has been as prominent in the social as the other branch has been in the political world, but with the present generation it bids fair to excel in its political triumphs also.

Pliilip Livingston Hoffman, the grandfather of the subject of our memoir, resided for a number of years in Columbia county of this State. He was educated to the law, but never devoted much of hLs- time to that profession. At an early age he married Helena Kissam,, who belonged to one of the most noted families in that section, and whose name will also be recognized as belonging to one of the oldest families of the city of New York. Here are linked the names and blood of the Livingstons, Hoffman, and Kissam. Thus were associa- ted names not only illustrious, but which are remembered with affec- tion by our oldest citizens, as among the most valuable members of early society, and the founders of many public charities and works of benevolence.

This union was blessed with three sous : Adrian Kissanai Hoffmnn,, fiither of the present Democratic nominee for Governor ; Dr.. Richard K. Hoffman, who was extensively known in his- profession, and Avhose death six or seven years ago was universally lamented ; and Charles O. Hoffman, for a long time member of the firm of Fellows, Hoffman & Co., well-known merchants of this eity.

1

4 JOHN T. HOFFMAN.

The father of the subject of this memoir was born while tbe fmiily resided in Columbia county. They subsequently moved to Mont- gomery county. It was there that Adrian Kissam Hoffman com- menced his studies, preparing himself for the medical profession. Having concluded his studies, and received his diploma. Dr. Hoffman married the daughter of Dr. Thompson, of Galway, Saratoga county, and entered upon the practice of medicine at Sing Sing, We8tcbester county. He soon became celebrated in his profession, and was widely known and universally respected, not only for his skill as a physician, but also for his character as a man.

On January 10th, 1828, was born their son, John Thompson Hoff- man, the subject of our biography. One of his first instructors out- side of his family was one of the Primes of the New York Ohserver. Soon after Mr. Hoffman's first election as Mayor, his first teacher pub- lished an article in the Observer^ in which he alluded to liim in the following language: —

" More than thirty years ago, I w^as teaching in the Academy at Sing Sing. We had pupils learning their letters and those fitting for college and business. Among the former was the lad who became Mayor of the City of New York on the first day of the present year, John T. Hoffman. He learned his letters and to read at my knee. *****. While yet a student he won some reputation as a public speaker. But his calm self-possession, independence of associa- tion, and deliberate judgment, with great firmness of adherence to conclusions reached after careful examination, were qualities so rarely developed in a young man that he early attracted attention as one in whom high trusts could be safely confided. * * * * I take no credit to myself for his career. The man at the head of the school, my father, had exalted ideas of justice, and inculcated in his daily instruc- tions those notions of stern integrity, the inflexibility of principle, the abstract^ duty of doing right irrespective of expediency, that go to make up the character of every really great man."

Under these teachings and under such examples the boyhood of John T. Hoffman was spent until he was ready to enter college. He showed that he possessed a studious mind, in foct that it was too vig- orous for his body. The result was that he was retarded in his studies, and on two or three occasions obhged to abandon his books and forget his tasks until he could strengthen his body. But in spite of these disadvantages he made rapid advancement, and won many flattering prizes at the academy in his native town.

In the fall of 1843 he entered Union College, at Schenectady, as a member of the junior class. Here he again applied himself with all his characteristic industry, and grappled with the increased studies that were heaped upon him with all the vigor that marked his preliminary

EARLY LIFE. 5

course. The exertion was too gveat, and he found himself obliged during the following year to relinquish his studies for a time and devote himself to recuperating his health and strength. Under the advice of physicians he entirely abandoned his books for a year.

Early in the autumn of 1845 here-entered college greatly improved in health. With close application and his usual industry, he soon overtook those who had been pushing forward during his temporary withdrawal. His career at college Avas a successful one, taking front rank among his fellow-stndents, not only in his studies but also as an orator. His success in all these particulars was fully equal to the most sanguine expectations of his friends. He, in fact, displayed, while in college, great self-possession, firmness, and adherence to con- clusions reached, and graduated with high honors in 1846,

Soon after leaving college, Mr. Hoffman entered the law office of Gen. Aaron Ward and Judge Albert Lockwood, at Sing Sing, and there commenced the study of law. The exciting political events of that day attracted his attention to politics ; while the struggles which were then taking place between the Hunkers and Barnbui-ners, the Hards and Softs in the Democratic party, were carefully examined by hira. During each campaign he was found on the stump in his native place, advocating the cause of the Democracy. His affiliations were with the Hunker, or Hard Shell, wing. In 1848, Avhen he was but twenty years of age, he was placed on the State Central Commit- tee of one of the Democratic factions, then called the Hard Shell Democracy. An address was issued by this committee which attracted considerable attention for the ability in which the questions at issue were handled. Mr. Hoffman on this, as on all other occasions, advocated adherence to the nominations of the party, and although not a voter, spoke in favor of the election of Lewis Cass for President and Chancellor Walworth and Charles O'Conor on the State ticket.

On the 10th day of January, 1849, his twenty-first birth-day, he was admitted to the bar, and commenced immediately to practise his pro- fession.

During the following October he removed to the city of New York, and soon after entered into a law partnership with the late Samuel M. Woodruff and William H. Leonard, the fiim name being Wood- ruff, Leonard & Hoffman, office in Wall street. The same indus- trious habits that marked his course while a student were again devel- oped in business, while his eminent ability and marked probity in all his dealings soon drew to him a large practice, and at the same time secured the confidence of those who sought his assistance or counsel.

His first connection wdth politics in this city was with the Young Men's Tammany Hall Committee. He connected himself Mith this committee about 1854, and was one of its most active members. He

6 JOHN T. HOFFMAN.

became a member of Tammany Society in 1857, and two or three years later was selected member of Tammany General Committee. His connection with Tammany Hall, therefore, took place at the very period when its struggles were the greatest and the feuds the most bitter. He was there to witness the struggle for the control of that organization between Fernando Wood, Lorenzo Shepherd, and Isaac Fowler, the squabble between the Small and the Savage Com- mittee for regularity, the "Witter Committee, the Cooper Committee, and the Westchesterites, all names familiar to those who took part in political aftairs at that time ; but he did not become prominent in the organization, except as a member of the Young Men's Committee, until after Fernando Wood had seceded from Tammany and set up poli- tical business for himself by organizing Mozart Hall.

Mr. Hoffman had gained such prominence as a lawyer, as well as in the councils of the Democracy, that in the latter part of the year 1859 he was generally pressed for the important position of United States District Attorney. But President Buchanan could not be per- suaded that Mr. Hoffman was not too young for the position of such importance. In the contest that ensued, Judge Roosevelt was ap- pointed.

Mr. Hoffman was married in 1854 to a daughter of Henry Stark- weather, one of the most respectable families of this city. He has one child, a girl of about fourteen summers.

He is a member of the Protestant Episcopal Church ; attends at St. Ann's Church, in 18th Street, in which he was formerly a vestryman ; is a man liberal in his religious views, and free from tlie fanatical con- ventionalities of the day.

CHAPTER II.

HIS CAREER AS RECORDER.

The first office ever held by Mr. Hoffman was that of Recorder, the most responsible judicial office in the metropolis, to which he was elected in November, 1860.

This position he never sought, nor had he any idea that his name was to be presented to the convention until the morning of the day on which that body assembled. He was on that morning waited

HIS CAREER AS RECORDER. 7

upon by a committee beaded by Nelson J. "Waterbury, and asked if be would accept the nomination of Recorder. He promised to give an answer at 3 o'clock that afternoon. Mr. Waterbury and asso- ciates returned at that hour, when Mr. Hoffman informed them that he could not be a candidate. They then asked if he would write a letter stating that fact. He replied that he had no objection ; wrote the letter, and placed it in the hands of those gentlemen.

The convention assembled in Tammany Hall in the evening, and among the names presented for the nomination for Recorder were those of John T. Hoffman, Abraham D. Russel, Robert Livingston, and C. Bainbridge Smith. There were three ballots ; the second being declared informal.

The vote on the first ballot stood :

John T. Hoffman, 45

Abraham D. Russel, 65

Robert Livingston, 17

C. Bainbridge Smith, 12

The second ballot being destroyed on some informality, it was never known how the vote stood, but on the third ballot John T. Hoffman received 108 votes, and Judge Russel 64 votes. His nomi- nation was then made unanimous. The letter which he had written was not presented nor made known to the convention, nor any portion of it.

The first that Mr. Hoffman knew that he had been nominated was when he saw the announcement in the morning papers the next day. Upon the earnest solicitations of his friends, he finally concluded to accept the nomination. His principal opponent in the convention was subsequently nominated by Mozart Hall, and ran against Mr. Hoffman, while the Republicans placed in nomination Thomas B. Van Buren.

The vote on election-day stood as follows :

John T. Hoffman, 39,606

Abraham D. Russel, 17,667

Thomas B. Van Buren, 36,110

Mr. Hoffman thus received over twenty-one thousand more than the Mozart candidate, and about four thousand more than the Re- publican nominee.

The striking peculiarity of this vote is more easily seen by com- paring it with the votes for the other candidates on the same ticket ; not one of the other Tammany candidates at that election was suc- cessful, except those who had an endorsement, and were nominated by some of the other Democratic factions ; Mr. Hoffman was the only candidate of Tammany who succeeded without the assistance of out-

8 JOHN T. HOFFMAN.

side organizations. This shows that he was at that day stronger than Tammany.

In the office of Recorder he conducted himself with dignity, im- partiality, and tact, and at once took a high and honorable position. No person ever filled that office with such universal satisfaction as did Mr. Hoffiiian. The high order of his ability, and his eminent qualifications for that office, at once became manifest. None so young had ever been selected to discharge its duties, and not one made a more distinct and enviable impression upon the public mind. He proved in all respects a just judge; upright, inflexible, calm, dig- nifiecl, and conscientious in all his decisions. Never hasty in discharg- ing that most important duty, administering justly our criminal law, but ever dignified, cool, and profoundly impressed with the responsi- bihty of his position.

His unflinching devotion to the aims of justice won him the esteem of all law-abiding citizens, irrespective of party. No previous Re- corder brought to the discharge of his high official duties more strength of character, breadth of intellect, profound legal knowledge, and steady determination of purpose, than John T. Hofl'man. His charges to juries, and his sentences to criminals, are of a higher stamp than the usual utterances of most of our judicial officers on such occa- sions. There is a strong religious sense of right about them; and they also carry along with them the duty of upholding law and order, and vindicating the majesty of the former. His remarks on such occa- sions were always marked with the delicate touches of humanity that belong to a person of sound mind and possessing a kind heart. They have about them all the true ring of the fearless, incorrupt, and upright judge.

During his first term as Recorder, Judge Hofiinan delivered several im2)ortant opinions regarding the rights of citizens and the welfare of communities. One of the most important of these is embodied in a charge to the Grand Jury of the Court of General Sessions at White Plains, Westchester county^ December 22, 1862. The charge was prompted by the reported violation of the State laws against kidnap- ping. It is a most em])hatic and incisive opinion against the infamous system of arbitrary arrests adopted by the Government during the war, and is substantially as follows : —

COURT OF GENERAL SESSIONS BEFORE RECORDER HOFFMAN".

The Grand Jury of this Court were sworn in on Monday morning', James W. Underhill, foreman. Previous to his Honor's charging the jury, Mr. District Attorney Hall requested the Recorder to call .S2iecial attention to kidnajaping and abduction. Mr. Hall remarked that a number of comi^laints of this nature had been filed in his office. After some preliminary remarks upon the ordinary topics

niS CAREER AS RECORDER. 9

to which the Court is required to call the attention of the Grand Inquest, Recorder Hoffman made the following important obseiTations upon illegal arrests, which will be read with interest by every citizen of this State :

At the close of the last week the District Attorney requested me in my charge to you to-day to give you special instructions in relation to the laws of this State against kidnappmg. He intimated to me that cases had been brought to his notice in which it was alleged these laws had been violated, and which he would probably feel bound to submit to you for your consideration and action. Having repeated that request to-day, I deem it my duty to give you the desired instruc- tions, and I shall do so briefly and yet pointedly. It is so generally reported and believed that for many months past numbers of persons have, without any law- ful authority, been seized on and removed from this State against their will, that great importance attaches to the sitbject under consideration. At the same time it is so generally understood that these seizures and removals have been made under some claim or pretence of lawful authority that it becomes necessary to deiine and state the law with care, so that all who will may understand it.

That law, as I shall now state it, will, I think, commend itself to the good sense of all those who will examine it with unbiassed judgment, and will be the law of this court while I preside in it, until reversed, if reversed it ever shall be, by some higher tribunal. The Constitution of the United States, and the Con- Btitution of the State of New York, have guaranteed to aU citizens the security of their persons against unlawful seizures, and the laws of this State have in substance declared that whoever shall violate this constitutional ^larantee shall be deemed guilty of a felony. The statute provides (vide Revised Statutes, 5th edition, vol. 3, page 943, section 30) as follows, viz. : Every person who shall, without lawful authority, forcibly seize and confine any other, or shall inveigle or kidnap any other, with intent either :

1. To cause such other person to be secretly confined or imprisoned in this State against his will ; or

2. To cause such other person to be sent out of the State against his ^vill ; or

3. To cause such other person to be sold as a slave, or in any way held to service against his will, shall, upon conviction, be punished by imprisonment in the State Prison, not exceeding ten years.

Whoever within this State arrests a person charged with an offence alleged to have been committed therein against the laws, either of the State or of the United States, is bound to convey the person so arrested, without delay, before the proper magistrate or other judicial officer within the State, to be dealt with according to law. Any seizure of the person of a citizen for any other purpose is without lawful authoiity, and any detention or confinement of a person so arrested, for any longer time than may reasonably be required to convey him before such magistrate or officer, is also without authority of law.

The removal of any person from this State into any other State or Territory, to answer to any charge of having committed here an offence against the laws of either the United States or the State, is without authority of law ; and every person, whether he be an officer or jirivate individual, who .shall seize and confine any person whomsoever, charged with having committed any crime within the State, with intent either secretly to confine or imprison him here, or to remove him out of the State against his will, acts in violation of the statute I have just read to you, and renders himself liable to indictment and imprisonment. Upon the trial of such indictment, the fact that such seizure, confinement and removal was by order of the President of the United States, of any member of his Cabinet,

10 JOHN T, HOFFMAN.

or other officer of the Government, will constitute no legal defence. Neither the President, nor any member of the Cabinet, or other officer (not judicial), has any lawful authority to order the seizure, or imprisonment, or removal from the State of any citizen of the State for any offence whaixjver committed, or alleged to have been committed, within its borders. I need hardly add that the arrest and imprisonment of any person not charged with any crime, no matter by whom, or by whose order the same is made, is in violation of the Constitution and the law. The Constitution of the United States declares that in criminal prosecu- tions the accused shall have a speedy trial by juiy in the State or district where the crime shall have been committed ; and the seizure of any person, and his removal against his will from his State or district, is in violation of this provision of the Constitution, and, in the eye of our statute, without " lawful authority." There are constitutional and statutoiy provisions in relation to fugitives from justice. When an offence has been comrnitted, or is alleged to have been com- mitted, in another State, and when the offender has fled into this State, provi- sion has been made by act of Congress, in conformity with and obedience to constitutional requirements, for his an-est and return to the State from which he has escaped. In such cases the Government of the State in which the offence is alleged to have been committed may make a requisition upon the Governor of this State, accompanied by the necessary proofs ; and upon such requisitions the Governor of this State may issue his warrant for the arrest of the fugitive, by virtue of which he may be seized and returned to the jurisdiction from which he has fled. In this way, and in no other, can he be lawfully seized and conveyed out of the State. Any person, whether he be an officer or not, who shall seize and im- prison an alleged fugitive from justice (except to await a requisition), acts with- out lawful authority ; and if he shall seize and detain him against his will, with intent secretly to imprison him here, or to remove him out of the State against his will, excei^t upon such requisition and warrant, he is giiilty of a violation of the statute I have read to you, and is liable to indictment and imprisonment. Upon trial of indictment the fact that he acted by order of the President, or of the Government, will constitute no legal defence. These, gentlemen, are plain propositions of law, which cannot be disputed, applicable to our loyal State, in which the State Courts are in almost uninterrupted session, in which judges and magistrates are faithful to their oaths to support the Constitution of the State and the Constitution of the United States, in which the laws are ample for the punishment of all offenders as well as the protection of all citizens — a State in which the Federal Courts are in ses- sion, with all their machinery in full ojieration, their judges and marshals and deputies ready to perform their duties, whose process can always be enforced, and whose judgments and decrees can always be executed — a State in which the acts of Congress are never resisted, and whose people venerate and respect the Constitution and the laws. In such a State, so circumstanced, not being the scene of actual military operations, not even an army within its borders, nor even any soldiery, excepting such as may be on their way to light the battles of the Constitution and the Union, whose laws are not obstructed nor defied ; where no form of the " law martial " can, by any construction, be made applicable to any person not mustered into " military service," it is my duty, as a judge, to declare to you that the seizure of her citizens, their secret imprisonment against their will, their removal from beyond her borders, without authority of law, to an- swer to criminal or other charges, their confinement in places beyond the reach of legal process, is in violation of the rights secui'ed to them by the Constitution

HIS CAREER AS RECORDER. 11

and by the laws, and it is the right and solemn duty of the Grand Jury to indict any person or persons who have in these respects offended against the law. I have now, gentlemen, discharged my duty. I leave you, under the obligations of your solemn oath, to the performance of yours. It may not be possible, to prevent entirely the arbitrary and unlawful seizure and removal of the citizens of our State ; but it is possible to convict and punish those who in this respect shall be found guilty of a violation of our la^s.

But the most iiniiortnnt official act of Jurlge Hoffmnn, during his career as Recorder, was manifestly his charge to the Grand Jury in the Court of General Sessions in the case of tlie July rioters, delivered August 4, 1863. The story of those terrible days is too familiar to people in this city and State to require repetition. Retributive jus- tice, with quick and certain footsteps, overtook the authors of that terrible mischief. Through the industry and perseverance of District Attorney Ilall, the leading actors in the bloody scenes of the July riots were arrested, and their cases brought before the Grand Jury. The Recorder's charge to that body was one of the wisest, most fear- less, conscientious, and dignified judicial warnings ever uttered by a public judge. Its high character and convincing justice werq at once commended by all respectable classes, regardless of party opinions. Republican presses and Republican orators vied in extolling the con- duct of Recorder Hoffman as in the highest degree praiseworthy. A Republican clergyman (Dr. Osgood), in his Sabbath pulpit, thanked "God for the honesty of purpose and high-toned justice which ac- tuated Judge Hoffman," and declared it to be " a great consolation to us to know that there is such a man to administer justice among us."

This charge indisputably proves the law-abiding and order-loving qualities possessed by John T. Hoffman. It also proves that he is fully equal to an emergency requiring so much firmness and wisdom as did the jjrosecution of the July rioters. Below, the charge is pre- sented in full, its great importance and appropriateness forming the only excuse for republishing a document of such length :

Gentlemen of the Grand Jury. — The solemn and impressive oath which has just been administered to you indicates, and clearly, the duties which the law devolves upon you, and the manner and spirit in which you are expected to discharge them. I trust each one of you fully api^reciates the responsibility of his position — never gi-eater than at the present time ; and I ask your careful attention to a few suggestions which, in obedience to the requirements of the law, as well as the necessities of the occasion, I feel bound to make. "When you retire to the Grand Jury room, your first duty will be to jierfect your organiza- tion by the selection of one of your number as clerk, whose duty it will be to keep a brief record of all your proceedings. Having done this, you will proceed promptly and industriously to investigate all cases of crime which have occurred within the jurisdiction of this court, and which may be brought to your knowledge.

12 JOHN T. HOFFMAN.

It is made my duty by law to call your attention specially to all offences against the Excise and Usury laws, the laws passed to preserve the purity of elections, the laws forbidding lotteries and the taking of illegal fees by public officers, and the law passed in 18G0, to prevent frauds in the sale of tickets upon steamboats and other vessels. It is also my duty to inform you that it is a misdemeanor for any Grand Juror or officer of the court to disclose the fact of an indictment hav- ing been found for felony against any ]§erson not in actual confinement, until such person shall be arrested. In a great city like this, gentlemen, crime always abounds, and criminals of every grade and degree are always to be found. With the exception of several minor offences, no crime can be punished, no criminal can be brought to justice and to judgment, without the preliminary action of the Grand Jury. You stand between the prisoner and the State, and it is for you to see that impartial justice is done to each.

The court opens this month, gentlemen, with an unusual large calendar. For a short period succeeding the commencement of the present war, the number of crimes committed in this city was very materially diminished ; the prisons were less crowded, and the business of this court was less bvu'densome than usual. This state of things was attributable to various causes ; but it was manifest to my mind that it would be but temporary. So it has been. For some months past crime has been on the increase — offences against the person and offences against property rivalling each other in frequency. Beyond all this, a general spirit of lawlessness has been spreading through the community. One of the worst signs of the times has been the prevalent disregard of, and want of resi^ect for, the laws and the lawfully-constituted authorities. Dangerous men — danger- ous because powerful and influential — have by example and precept taught the people to disregard and disobey constitutional and legal obligations, and, some- times upon one pretext and sometimes upon another, have countenanced (if they have not counselled) disobedience and resistance. They have aimed their shafts not only at legislative enactments and constitutional provisions, but at the officers of the law — the judges of the land and the decisions of the courts. As in time of war every man becomes a military critic, and sits in judgment upon the operations of our army and the plans of a campaign, so every one has become an expounder of the Constitution and the laws, and assumes to sit in judgment upon the judicial tribunals of the State and nation. The people have become accustomed to look upon Constitutions and laws and authorities as less sacred than in earlier days they had been taught to believe they were. The pulpit and press, the political platform and Senate chamber, the social circle, and perhaps even sometimes the courts themselves, have been the schools in which these pernicious lessons have been taught. Manifestations of jjopular violence, sometimes in one direction and sometimes in another — sometimes against men of one set of opinions, and sometimes against those of another — have from time to time occurred in this city and elsewhere. When applauded, they have been applauded loudly; when condemned, they have been condemned feebly. Now one set of partisans and now another have spoken of them as " just outbreaks of popular indignation," or "patriotic uprisings of the people." Conservatives and pru- dent men have watched the growth of this evil with alarm, and foreseen and dreaded the harvest. They saw that it was in violation of and in hostility to the fundamental principles upon which all government and all society rest. They have sought to remind those in authority, and those having influence, that it was their solemn duty to inspire the peoj^le with resjiect for all law by never deviating from it themselves, and to make the people understand that obedience

HIS CAREER AS RECORDER. 1<5

to law was the first duty of the citizen. They have proclaimed that, as there was no safety for the nation except in a faithful adherence to the Constitution, so there was no security for the people but in unbending respect for and obedi- ence to the laws and the authorities of the land. Warning the legislative power of the State and nation against the enactment of unconstitutional laws, they have insisted and ever will insist that the courts, and not the people, arc to sit in judgment upon the constitutionality of an act, and that, until declared by the courts to be unconstitutional, resistance to it by force and violence is criminal.

These warnings have not been heeded. The evil teachings of misguided and wicked men have not been withovit theii- effect ; they have taken deep root in the popidar mind. Infidelity to constitutional and legal obligations has produced its brood of evUs. This infidelity, and the false teachings and examples of partisans of various sects and parties — aided as they have been by causes and elements which are always actively at work in times of war and civil convulsions — urged on by the spirit of lawlessness which they have created, have recently produced in this city an outbreak which resulted in violence and enormities without a parallel in the history of the country. The immediate cause of this was oppo- sition to the enforcement of the conscription law ; but this cause wordd have been wholly inadequate to the result, if the poison of constitixtional and loyal infi- delity and of false teaching and pernicious example had not been infused into the popular mind. The outbreak was fearfiil — its results dreadful. AMiatever may have been the cause, and whoever may have been responsible for the terrible con- sequences, one thing is certain : the plea of resistance to the draft affords no justification or excuse, and it is the duty of every public officer and every private citizen to labor with all his strength to bring to justice and to judgment the men who have violated all law, outraged all decency, and trampled upon all rights. It is very clear that the mob, originating as it did with the single object of resist- ing the draft, soon came under the control of ruffians and outlaws. Those who first participated m it probably did not contemj^late the results which followed. Yet they were inevitable. The elements of every mob, no matter what may be its original object or design, are anarchy and ruin ; and the one which has so lately disgraced this city has given evidence of this by puttmg in peril the lives and propei-ty of innocent people, by burning oqAan asylums, burning and plun- dering private residences, sacking stores and warehouses, robbing citizens ujion the public streets, and committing murders too horrible to record.

Can the plea of resistance to the draft afford any excuse for such enormities as these ? Do not those who entered upon those scenes of violence, with no other object than to destroy enrolments and delay the execution of a law to the pro- visions of which they were opposed, shiidder at the results which they have been instrumental in producing ? Can one honest man be found in this community who, after the experience of the last few weeks, does not in his heart condemn, this day, the whole theory of violent resistance to law ? Does not every man in this great city, high or low, rich or poor, this day realize, with ten times more force than ever before, that this appeal shall be to the courts — not to violence — that there is no safety for the citizen or the State but in a rigid obedience to the laws, in a profound respect for the constituted authorities of the land, and in a determined maintenance and preservation of order and luiblic peace, at all times, under all circumstances, and at all hazards — and that without all these there is no security for home or famUy, property or life ? You must pardon me, gentle- men, for detainmg you so long.

I have made these suggestions with a definite object and purpose. I tnist

14 JOHN T. HOFFMAN.

they may not be wholly without effect. "Whatever we may be able to do as in- dividuals in allajang pojiular initation, and in removing or counteracting, as far as may be just and proper, the causes which produce it, let i^s unite in doing with all the ability we possess. We stand here, however, to-day, not as individ- uals, but as public officers, charged with grave responsibilities. Let us not shrink from them. Let us remember that we are not partisans, but sworn officers of the law, determined at all hazards to enforce the law and preserve order, to pro- tect the innocent and to punish the guilty. It is our duty to teach all men that those who bum asylums and houses and stores are guilty of arson, and shall be punished for that offence ; that those who plunder and appropriate to themselves other men's goods upon the highways or elsewhere, "with or without violence, as the case may be, become subject to and will suffer the penalties affixed to the crime of robbery or larceny ; that a rioter is an enemy of society and an offender against the law, and that the punishment for murder is death. Doing this, we shall be discharging our public duties ; failing to do it, we shall be false to our consciences and our oaths.

Gentlemen, the prisons are full of persons charged with crime. I call ftpon you to examine every case fearlessly, fairly, and impartially ; let no prejudice or passion influence you ; deal honestly, do justly. Be especially cautious in con- sidering evidence of identity ; upon this point mistakes may easily be made. Every man is presumed innocent until proved guilty. In our determination to do promi^t and speedy justice, let us earnestly strive that no injustice shall be done. However excited and violent others may be, we must be cool and careful. Let us bring no disrespect upon the law or the courts by either too much or too little zeal. In maintaining law, let us not trample upon it ; in sustaining justice, let us not violate it. When you have presented to this court indictments against those whom you believe to be guilty, they shall be brought to a speedy trial be- fore a petit jury, and, if convicted, shall be promptly sentenced to suffer the pen- alties of the law.

In conclusion, let me say, we have no time to be idle. Every consideration demands that all of us should work diligently. The press of business is great. I must urge upon you to remain in session as many hours each day as the Dis- trict Attorney may desire. Personal convenience must yield to public necessity, and public necessity demands of you and of me and of every officer of the Court untii-ing labor and devotion. Let us, therefore, labor diligently, each in his pro- per sphere striving to do all he can toward preserving the public peace, restoring the i^ublic confidence, and meting out prompt and speedy justice to all offenders against the laws.

Delivered Aug. 4, 1868.

It was during tliis term that his firm decisions in reference to the low order of concert saloons secured for him the endorsement of the public generally.

On the 25th of June, 1862, Recorder Hoffman rendered a decision in a case where indictment had been made for publicly keeping spir- itous liquors for sale on Sunday. In his decision be narrowed the argument to two considerations, viz., whether under the law of 1860 the " pubUcly keeping" of liquors on Sunday is made a misdemeanor, and whether tlie facts specially alleged constituted in law such public keeping. The Recorder elaborately reviewed both the law and the

EE-ELECTION AS RECORDER, AND HIS SECOND TERM. 15

facts, and concluded that there was nothing in the law of 1 800 expres- sive of an intent to make violation of the clause relating to Sunday observance a criminal oftence. Concernmg the second consideration, that was beyond his jurisdiction, and a question for the civil courts.

CHAPTER III.

EE-ELECTION AS EECORDEK, AND HIS SECOND TEKJI.

The course of Mr. Hoffman as Recorder drew to him the universal approbation of the public without regard to parties. Before the close of his term, or on the 12th of October, 18(33, the Republican Judiciary Convention of this city assembled to make nominations for the several judicial offices to be filled at the election that fall. When the office of Recorder was reached, Charles S. Spencer's name was presented as a candidate. Mr. Spencer immediately withdrew his name, and in a speech eulogizing Mr. Hoffman, he declared him " one of the purest, ablest, and one of the most upright and conscientious public officials that was ever elected to an office in this city."

Other speeches were made by Republicans present, endorsing Mr. Hoffman in equally strong terms, when he was nominated by accla- mation. The following committee was appointed to notify him of his nomination: John Sedgwick, Waldo Hutchings, John H. White, Ira O. jMiller, Guy R. Peltou, and Frederick Olmstead ; all prominent in that party.

In discharging this duty, the committee addressed Mr. Hoffman the following letter : —

U^^ON Headquarters, No. 630 Broadway, ) New York, October 22, 1863. '

Sir : — The undersig^ned have been appointed a committee by the Union Judi- ciaiy Convention, to inform you that on the 1st instant you were unanimously nominated by that Convention as its candidate for Recorder of the City of New York.

The committee were instructed further to declare, that the nomination was made for the reasons that your judicial judgments have been impartial and tmin- fluenced by partisan considerations ; that the manner in which you have per-

16 JOHX T. HOFFMAN.

formed yoixr official duty demands your re-election, and that you have been neither doubting nor cold in the supjiort of the national cause. We have the honor to be, your obedient servants,

John Sedgwick, ChaiiTQan. Waldo Hutchings. John H. White. Ika 0. Miller. Guy R. Peltox. Frederick Olmstead. To the Hon. John T. Hoffman.

The week following his nomination by the Republican convention, the Tammany Hall and Mozart conventions both met, and also nom- inated him. This secured to him the endorsement of every conven- tion and party, except a small faction known as the McKeonites. On election-day be received 60,000 votes out of the 64,000 polled for that office. This was a tribute of respect and confidence such as never before was shown to any official, and proves conclusively that his offi- cial conduct during his first term was universally endorsed through- out the city.

This marked approval on the part of the people, would in most cases have caused egotism on the part of the recipient almost unendurable. But it had no such effect upon Mr. Hoffman. He looked upon it simply as an approval by the people of conscientious acts. In conver- sation with him about this time, we remarked " that he had made a lucky hit, and secured both fame and popularity at a very early age." To this he replied, " It is a very easy matter to obtain both. All that is necessary is for a man to conscientiously do his duty, and not allow himself to be swerved from what is right and just, and he will find that popularity and fame come of itself"

His second term as Recorder was characterized by the same un- swerving devotion to his duties, to justice, and the administration of the laws, as well as the same singleness of purpose in upholding the interests of the city, as that which marked his previous term.

One of the most important features of this term was his opinion in the Arguelles case. Robert Murray, United States Mai-shal, and others, had been indicted by the Grand Jury for the forcible seizure and confinement of Arguelles, in violation of the laws of the State against kidnapping. The case attracting attention in all parts of the country, an effort was made to take it out of the State and city courts, and transfer it to the United States court. Mr. Hoffman's opinion, denying the motion to transfer the jurisdiction of this case to the United States court, contains several logical conclusions upon the rights of the people and of States that have peculiar significance at this time.

RE-ELECTION AS RECORDER, AND HIS SECOND TERM. 17

Hoffman, Recorder. — The defendants have been indicted bj' the Grand Jury- in and for the city and county of New York, for the forcible seizure and confine- ment of one Arguelles, in violation of the laws of the State of New York ag-ainsfc kidnapping.

To this indictment no plea has been interjiosed by the defendants ; but under the provisions of section five of chapter eighty-four of the laws of the Thirty- seventh Congress, they have presented a petition to this Court, stating that the act complained of was done by order of the President of the United States, and asking for that reason that the indictment may be removed from this Court into the United States Circuit Court for trial.

Section 4, of the Act of Congress referred to, i^rovidcs that any order of the . President, or under his authority, made at any time during the existence of the present' rebellion, shall be a defence in all Courts to any action or prosecution, civil or criminal, for any search, seizure, arrest or imprisonment, made, done, or committed, or acts omitted to be done, under and by virtue of such order, etc., etc. , and that such defence may be made by special plea or under the general issue ; and sec. 5 of the Act under which this application is made is as follows :

" Sec. 5. And be it further enacted. That if any suit or 'prosecution,' ' civil ' or ' criminal,' has been or shall be commenced in any State Court against any ofiicer, civil or military, or against any other person, for any arrest or imiirison- ment made, or other trespasses or ' wrongs ' done or committed, or any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or any Act of Congress, and the defendant shall, at the time of enteiing his appearance in such Court, or if such appearance shall have been entered before the passage of this Act, then, at the next session of the Court in which such suit or ' prosecution ' is pending, file a i^etition, stating the facts, and verified by affidavit, for the removal of the cause for trial at the next Circuit Court of the United States, to be holden in the district where the suit is pend- ing, and offer good and sufficient surety for his filing in such Court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such Court, and entering sjiecial bail in the cause, if special bail was originally required therein. It shall then be the duty of the State Court to accept the surety and proceed no further in the cause or ' prose- cution,' and the bail that shall have been originally taken shall be discharged. And such copies being filed, as aforesaid, in such Court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said Court by original process, whatever may be the amount in dispute or the damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding." *** ******

I will not now discuss the character of this most remarkable legislation. At the proper time, and in the proper place, it will, I trust, receive the con.sidera- tion and construction which it merits. The question of its constitutionality, except so far as it affects the question of the transfer of the indictment to the courts of the United States, is not involved in this motion, and I shall not exaipine here any question but the one at issue. Upon the argument of the motion the counsel for the defendant asserted that if the indictment should be removed to the United States Circuit Court, and a trial should be there had, followed by a conviction, that the Judge of the United States Court could sentence the defendant under the laws of the State of New York to suffer the

18 ' JOHN T. HOFFMAN.

punishment prescribed Tiy those laws, and that the power to pardon would rest in the President of the United States.

If these assertions were well founded we should have the strange picture presented of a United States judge administering the penal laws of the State of New York, and the President of the United States extending a pardon to one convicted of a crime against the laws of that State, which had been committed by his own order. Such a result would seem to be more appropriate to an act entitled "An act to prevent the punishment of any man who shall commit a crime by order of the President of the United States."

But I think these assertions of counsel are not well founded and cannot be .maintained.

There is no authority for saying that a jiidge of a United States Court could sentence a criminal in i^ursuance of the laws of a State. Those judges have no powers except such as are conferred upon them by the laws of the United States, under the Constitution of the United States. Congress has never conferred upon them the power to pass any sentence upon any criminal offender against the laws of a State. Even the act of 1863 is wholly silent upon the subject, and no pro- vision to that effect had ever been made before, because (if for no other reason) no one, until 1863, ever contemplated that a Court of the United States would ever be called upon to try offenders against the criminal laws of a State.

If then this indictment was transferred, and the defence that the act com- plained of was done by the order of the President of the United States should fall, and the defendant should be convicted, no judgment whatever could follow upon that conviction.

Again, if a judgment could follow, no pardon cotdd be extended to the offender ; the President of the United States could not pardon, for the reason that the offence is against the laws of the State, and not against the laws of the United States ; and section two of article two of the Constitution of the United States confers upon the President the power to pardon and reprieve only for offences against the United States.

That it did not confer upon the President the power to pardon offenders against the laws of a State, if convicted in a United States Court, is, perhaps, a good argument to show that the framers of that Constitution never contemplated that an offender against the laws of a State should be tried in the Courts of the United States.

The Governor of the State of New York could not pardon, because this power under the Constitution of the State clearly relates only to cases of conviction in the Courts of the State. It is very clear the framers of that Constitution never contemplated that any other Courts would be clothed with power to enforce the State's penal laws.

Again, section 6 of the Act of Congress above mentioned i^rovides that any suit or prosecution described in that act, in which final judgment may be rendered in the Circuit Court, may be carried by writ of error to the Supreme Court, what- ever may be the amount of the judgment. The closing words of this section show that it relates only to civil, suits or proceedings, and not to criminal, and it is the only provision on that subject in the act.

Now, it is well settled that the judgments of the United States Circuit Court in crimiual cases are final, and the Supreme Court possesses no appellate jurisdic- tion iu such cases. (U. S. v. Moore, 3 Cranch, 159 ; ex parte Kearney, 7 Wheaton, 38 ; ex parte Watkins, 3 Peters, 193.)

RE-ELECTION AS RECORDER, AND HIS SECOND TERM. 10

It is only in cases where the Circuit Judges are divided in opinion that the case can be brought before the Supreme Court (Act of April 20, 1802).

If, therefore, this indictment remains in this Court, and a question under the Act of Congress of 18G3 shall arise, in the progress of the cause, the Supreme Court of the United States, in the exercise of its appellate jurisdiction, could ultimately review the judgment of this Court, and pass upon the constitutionality of the law in question.

If, on the other hand, it is transfei*red to the United States Circuit Court, the question of the constitutionality or unconstitutionality of the law of Congress cannot be submitted to the adjudication of the Su^jreme Court of the United States.

These suggestions are, in my judgment, material to the question under con- sideration, because they tend to show, in the first place, that, although the words of the Act of 1803 are very broad, yet Congi-ess could hardly be considered to have intended (even if they had the power to do so) to confer jurisdiction upon the United States Court to try, in the first instance, an indictment found in a State Court, inasmuch as they have wholly neglected to provide any way in which that jurisdiction could be exercised, and on which the case could be prose- cuted to judgment and execution. And inasmuch as the effect would be to deprive the Supreme Court of the appellate jurisdiction, in the exercise of which it could reverse the judgment of the State Court if the indictment was not removed.

In the second place, the suggestions tend to show that, even if Congress did so intend, it is not only an instance of legislation not contemplated by the Consti- tution of the United States, but is so improvident and incomplete that no Courts can give effect to it.

II. But, independent of these suggestions. Congress has no power, in my judg- ment, to confer upon the United States Court jurisdiction to try indictments found in the State Courts.

The case of Jones v. Seward, decided in the Supreme Court in this district, is no authority ia this case. I need not pause to state the difference in the two cases. They are wholly unlike.

The argument of the defendant's counsel is, that, u^jon the trial of this indict- ment, the consideration of a law of the United States wiU be involved — that in every case arising under the laws of the United States the Courts of the United States have apiiellate jurisdiction to reverse the judgments of the State Courts, and that, in all cases to which this appellate jurisdiction extends, Congress has the power of conferring original jurisdiction. In support of this he quotes the dictum of Chief Justice Marshall, in the case of Osborn v. The United States (9 Wheaton's Reports, 821), which is as follows: " AVe perceive no grounds upon which the proposition can be maintained, that Congress is incapable of giving to the Circuit Court original jurisdiction in any case to which the apijcllate juris- diction extends."

"VATiatever Chief Justice Marshall has said is entitled to the greatest respect, and I should hesitate about refusing to assent to it, if I could not issue a warrant for such refusal in his own recorded declarations. I do not find such warrant in his opinion in the case of Cohens v. Virginia (AATieaton's Reports, 2(54), in which he says : '" It is a maxim not to be disregarded, that general expressions, in every opinion, are to be stated in connection with the case in Avhich these expres- sions are used. If they go beyond the case they may be respected, but ought not to control the judgment in a subsequent suit, in which the very point is presented for decision."

2

20 JOIIX T. HOFFMAN.

Now, in the light of this maxim, I propose to show that what Chief Justice Marshall said in the case of Osbom has no application to and is no authority in the case now under consideration.

The Bank of the United States sued Osbom in the United States Circuit Court, by authority of its charter, which was under an act of Congress, and which gave the United States Courts original jurisdiction of suits by and against the bank. The Court decided that that proAdsion in the charter was warranted by the third article in the Constitution, which declared that the judicial power of the United States should extend to all cases arising under the Constitution and ' ' the laws of the United States. " Judge Blarshall said : " This suit is a case, and the question is, whether it arises under the laws of the United States ;" and soon after he says : ' ' The Constitution enumerates cases in which the jurisdiction of the United States Courts is original and exclusive, and then defines that which is appellate," and he adds as follows:

"It is not insmuated that the judicial power, in cases depending upon the character of the cause, cannot be exercised in the fixst instance in the Courts of the Union."

And then he uses the words cited by defendant's counsel, and soon after uses this all-important language :

"We think then, that when a question, to which the judicial jiower of the Union is extended, forms an ingredient in the original cause, it is in the power of Congress to give the Circuit Courts jurisdiction of that cause, although other questions of fact may be involved in it. The case of the bank is, we think, a very strong case of this description. The charter of incorporation not only creates it, but gives it every faculty it possesses."

" This being (meaning the bank) can acquire no right, make no contract, bring no suit, which is not authorized by a law of the United States."

" Can a being thus constituted have a case which does literally, as well as sub- stantially, arise under this law ? "

And in another place he says :

" The act itself is the first ingredient of the case — its origin."

It was 'under such a state of facts, and in such case, that Judge Marshall gave utterance to the dictum quoted by the defendant's counsel. It was applicable to such a case, and to every case where a question arising under an act of Con- gress is involved "in the character of the cause," " forms an ingredient of the original cause," exists in its very inception, and without the consideration of which the cause cannot proceed a single step.

It has no application to a case in the origin of which neither the Constitution or laws of the United States are involved, and in which a question involving action may never arise, or if it does, can only arise ''in the progress of the cause."

In the case of Cohens «. Virginia, above cited, we find Chief Justice Marshall furnishing an authority upon this point, when he says, as follows :

" That the Constitution or a law of the United States is involved in a case, and makes a part of it, may appear in the progress of a cause in which the Courts of the Union, but for that circumstance, would have no jurisdiction, and which of consequence could not originate in the Supreme Court. In such a case the jurisdiction could only be exercised in the appellate form."

In the same case. Judge Marshall says : " The original jurisdiction of the Supreme Court, where a State is a party, refers to those cases in which juris- diction might be exercised in consequence of the character of the party, and an

RE-ELECTION AS RECORDER, AND HIS SECOND TERM. 21

original suit might be brought in any of the Federal Courts. Not to those cases in which the original suit might not be initiated in a Federal Conrt of the last description, in every case between a State and its citizens, and perhaps every case in which a State is enforcing its penal laws. In such cases, therefore, the Supreme Court cannot take original juri.sdiction."

It needs no arg\-iraent to show the application of the.se words of Jndge Marshall to the case now under consideration — a case in which '' the Stat* of New York is seeking to enforce its penal laws," and which could not have been instituted in the Courts of the Union. A case in which a question under a law of the United States may never be presented at all, or, if it should be, can only be "in the progress of the cause." For an indictment by the People of the State of New York against one of its citizens for an offence against its penal laws does not in- volve in itself any question under any law of Congress. If such question should ever arise, it could only be on the progress of the defence. If it should then arise, and a decision should be adverse to the law, the Supreme Court of the United States would, in the exercise of its appellate jurisdiction, reverse the judgment of the State Courts. If it should not arise, then the Courts of the United States could have no jurisdiction at all.

The Recorder tlien proceeds to quote from eminent legal authorities to susuiin his position, closing his opinion as follows : —

It is not enough that an Act of Congress gives the United States Circuit Court jurisdiction. It can have no jurisdiction which is not conferred by the Consti- tution, avS well as the law.

The construction which I contend for is, I think, just and reasonable. It se- cures to the State all its rights, and it secures to the Federal Government all it needs, and all it has any right to demand. Id secures to the State its right, in the first instance, to i^rosecute all offenders against its laws in its own Courts, and to insure them punishment in case of conviction.

It secures to the Federal Government the right to review, in its Supreme Court, the judgment of the State Courts in all cases where a defence to an in- dictment arises under an Act of Congress, if such defence should be overruled by the State Courts. If the judgment of the State Courts was erroneous, it would be reversed. If it was not, it would be affirmed, and the case would be remanded to the State Court for judgment.

On the other hand, the construction of the Constitution contended for by de- fendant's counsel woiild deprive the State Courts of all power and right to enforce the Federal laws of the State in all cases in which Congress should un- dertake to declare what should be a defence to them.

It would subject the penal laws of a State to the will of Congress. It would, under the Act in question, entitle any criminal indicted in our Courts for any offence to allege that he acted by order of the President, and to claim the re- moval of the cau.se into a Court of the United States. It would, as I have shown, transfer an indictment for any offence against a State law to a Court organized under a United States law, which has no power to enforce the laws of the State, or to punish in accordance therewith. If the defendant, upon such transfer, could be tried and convicted, it would place him in a position to which no power of pardon could extend ; and last, but not lea-st, the transfer to the United States Cii'cuit Court, in the case now under consideration, or in any case like it, would ijrevent hereafter the consideration by the Supreme Court of

22 JOHN T. HOFFMAN.

the United States of the extraordinary Act of Congress under which this motion to transfer has been made.

Considerations such as these may have influenced Judge Marshall, when he, in the case of Cohens v. Virginia, used the language I have before quoted, and they may have also influenced Chief Justice McKean, w^hen he declared in Res- publica V. Cobbett (3 Dallas Reports, 476) " That neither the Constitution, nor the Act of Congress, ever contemplated that any Court under the United States shoiild take cognizance of anything savoring of criminality against the State. "

Believing, therefore, as I do, that the State of New York has the right, under the Constitution of the United States, to try in its Courts all offenders against its penal laws, subject to the right of the United States Supreme Court to review their judgments, if in the process of the trial a question should arise, under any law of the United States, and believing, as I do, that Congress has no power to deprive the State of New York of that right, I concur in the decision of Judge Russell denying the defendant's motion to transfer the indictment.

It was during this term that the case of Ketchum came before liiin. His last act as Recorder was the sentencing of this unfortunate man. Young Ketchum was arraigned on the 30th of December, 1865, for his sentence, having been previously convicted, A motion was made to stay proceedings, but this was denied ; whereupon Judge Hoifman delivered the following sentence : —

" I have given your case, Edward C Ketchum, most anxious and careful con- sideration ; not because I ever doubted what the interests of society required or duty demanded of me, but for the reason that I well know that many gentlemen of high character and excellent judgment entertained views entirely at variance with my own. Occupying, as you did, an exalted position among the business men of this great commercial city ; commanding, as you did, unlimited confi- dence and credit ; possessed, as you were, of great wealth and influence, you became involved in speculations as vast as they were dangerous and ruinous ; and then, to save the financial ruin of yourself and house, which seemed immi- nent, you did what no one of inferior ijosition or credit could have done, raised' immense sums of money upon paper which you forged, the genuineness of which no one doubted, simply because you presented it. It was the every-day story, varying only from other stories in the magnitude of the forgeries and the great- ness of your fall, and you gave a shock to credit and to confidence from which the business interests of the city did not readily recover. Your friends and those who ask for you the mercy of the Court say you were laboring under a mania. But every man whose personal sympathies do not to some extent warp his judg- ment, knows that it was no other mania than that which seizes on every man who commits a crime in order to avert a personal calamity which he cannot endure to meet. If, sitting here as a judge, I should mitigate your punishment for any of the reasons assigned, or because hearts are aching and fainting, or because of my own personal sympathies with those who mourn for you, I should feel that every sentence I had passed upon a first offender had been a wrong, and that I was indeed a ' respecter of persons. ' It is my duty so to administer the law that all men may feel and know that none are beyond either its protection or its power. It may well be, as claimed by your friends, that if you were per- mitted to go free, you would soon be able to redeem your reputation and re-es- tablish your position. But if this court should yield to their application^ it would

HIS NOMINATIOX AND FIRST ELECTION AS MAYOR. 23

be an official declaration that men of influence and station could offend against the laws without the fear of punishment. Public interests and necessities demand that the penalties of violated law should be visited upon the offender by way of exam- ple as well as of punishment. If you had been put upon trial upon all the indictments brought against you, the term of your imprisonment would have extended through the greater part of your life. The District Attorney has vin- dicated the law by arraigning you upon one to which you have pleaded guilty, with full knowledge of the consequences. Upon that i)lea the extreme punish- ment is five years' imprisonment. The law, however, directs that the term of imprisonment shall not expire during the winter months. In discharge, there- fore, of my duty, I must pronounce the sentence of the Court, which is that you be imprisoned in the State Prison for the period of four years and six months."

It will be remembered that this was addressed to a person whose friends believed that from their wealth and position in society they could prevent that punishment which would be dealt out to (Me less fortunate in worldly goods. The most persistent and extraordinary eff(n-ts were made, and the strongest influence brought to bear, both to defer and to mitigate the sentence. But all this had no effect upon Judge Hoffman. He saw before him the path of duty, of justice, and riglit, and could not be swerved from it.

CHAPTER IV,

IIIS NOMINATION' AND FIRST ELECTION AS MAYOR.

The contest for Mayor in ISTew York in the full of 1865 was one of the most exciting that has ever taken place in this city. It was a contest in which the leading Republicans throughout the country took more interest than any whicli had taken place for years. Before the close of the State campaign that year, the Citizens' Association had placed John Hecker in the fiehl as its candidate. Immediately after the November election, the Tribune came out in support of Mr. Hecker, and urged his endorsement by the Republicans. C. Godfrey Gunther, whose term was about expiring, announced himself as a can- didate, and was nominated for re-election by the faction known as the McKeon Democracy.

The Republicans, failing to be convinced by the arguments of the Tribune that it was iheir duty to nominate Mr. Hecker, met in con- vention, and, after considerable parleying, placed in nomination

24 , JOHN T. HOFFMAN,

Marshall O. Roberts, and entered ui)oii the cnnvass prepared to spend a small fortune to elect Lim,

While these steps were being' taken by those ilictions, an effort was made to unite Tammany and Mozart Halls upon one candidate. The conventions of both of those organizations assembled and appointed a committee of conference, and then adjouined one day to await their report. On the 21st of November these eomniiltees made their respective reports. It was found that it was im}X)«sible for Tammany to unite with Mozart Hall exce])t upon an agreement to take Fernando Wood as the candidate, Tanim.iBy, havi»g Just gone through a contest at the State Convention with Wood in regard to regularity and won in the contest, was unwilling to surrender all gained there and now support Wood for Mayor.

Th e Fam many Committee, through Hon. John Kelly, reported that they were unable to agree, whereupon F. I. A. Boole statecT^ that it having been determined to make no alliance w^ith Moxart, and that, from what he had seen and heard, he was satisfied that Hon> John T. Hoffman was the choice of the delegates comprising the con- vention, he would therefore move that he be nominated by acclama- tion. Several speeches were made, and a letter read from Elijah F. Purdy withdrawing his name, when a ballot was taken, and Mr. Hoffman received the unanimous vote of the conventioE.

Among the speeches made on this occasion was one by Hon. Johra Van Buren, who declared "the nomination of Mr. Hoffman was in every respect a wise one. That gentleman united in himself most extraordinary qualities, and he would be a worthy successor of the great men who have held the office of Mayor of the city of New York. Under his administration the million of souls in the metrop- olis would be protected in their legal rights."

The Mozart Convention assembled on the same day, nominated Fernando Wood, but that gentleman declined, whereupon the Con- vention endorsed John Hecker. The ball was then opened, and a bitter contest commenced. The Tammany ticket was Hoffman for Mayor and O'Gorman for Corporation Counsel. The Citizens' Asso- ciation, Mozart Hall, and the Tribune labored for the election of John Hecker and Richard O'Gorman. The Republicans united u[)on Mar- shall O. Roberts, and were supported by the Tintes and the Herald. The lyrics of the campaign were far more numerous than in any pre- vious canvass of the kind in the city. Not one of the principal jjapers in the city said a word against the character, the ability, and the fitness of Mr. Hoffman. It Avas, in fact, charged by some of the journals that he had been nominated by Tammany to give that organization re- spectability, and to save its reputation, as well as to prevent its overthrow. It was in this canvass that the Herald first called Mr.

HIS XOMIXATION AND FIRST ELECTION AS MAYOR. 25

Hoffman " Enron von Hoffman," and in a series of papers written in imitation of those popular articles of Gen, Halpine's, under tlie so- briquet of " Miles O'Reilly," endeavored to rally the Irish vote for Roberts, and create a jealousy between that class of our adopted citizens and tlie Germans.

The Republicans made a most desperate fight, spent money with- out stmt, and, in fact, expended more money in the canvass than was ever used by all the candidates combined in any previous mayoralty election. The Citizens' Association also spent a small fortune trying to elect Hecker, The candidates were all men of high character and good standing in society. The race became therefore a spirited one. The ^Vorld, Journal of Commerce^ and the Staats Zeitung were the only daily papers that supported Hoffman. His high character — his honesty, his integrity and ability, however, compelled all the other papers to speak of him in eulogistic terms. The Herald was con- strained to say that " Recorder Hoffman, a lawyer of unquestionable ability, large experience in city affairs, and known hostility to the associations of official plunderers, is well fitted for the position." The Evening Post^ a Republican newspaper, expressed a decided prefer- ence for Mr, Hoffman. It said: "Hoffman seems to us to be pre- ferred ; in talent, character, energy, he is like the old class of Mayors that we used to choose in the Willets, the Livingstons, the Coldens, the Clintons, and the Lees," The Tribune said : " Recorder Hoff- man has a good reputation, Avhich we would not tarnish." The Xew York Times declared Mr, Hoffman to be "a man of ability, energy, and integrity. He is known by all who know him at all, to be inca- pable of aiding or countenancing dishonesty in any official action, nor is he in the least likely to become the tool of cliques or indivi- duals seeking personal profit at the expense of public good. As Recorder he has always been firm, upright, and courteous in the administration of justice, and in the riot trials of 1863 he evinced a fearlessness of popular clamor, and a high-toned dev^otion to justice and the public welfai'e, which entitle him to grateful remembrance from all who appreciate the perils which the city then barely escaped. His record during the war has been patriotic and loyal,"

With such flattering assurances of popular regard as these, Mr. Hoffman went into the memorable mayoralty contest of 1865, The struggle was brief, but exciting and spirited. Mayor Hoffman's per- sonal popularity, his patriotic record, and, above all, his great prol)ity of character, decided the contest in his favor. The result of the elec- tion was as follows : —

Total votes 81,T02

Hoffman 32,820

Roberts 31,657

26 JOHX T. HOFFMAISr.

Hecker 10,390

Gunther 6,758

Mayor Hoffman's first message to the Common Council, January 1, 1866, was characterized by its conscientious tone, its lucid exposition of the financial affairs of the city, and the excellence of its suggestions. One of the most important points of this message is contained in its pointed and excellent suggestion regarding a recodification of the charter, restoring to the city control of its own affairs, and clothing the Mayor with power commensurate with his responsibilities. We copy this clause : —

THE CITY AND ITS GOVERNMENT.

The growth and prosperity of this city are beyond parallel. Its resources are immense. • Population and wealth are pouring into it from all parts of the world. The rich country which surrounds it contributes incessantly to its i^rogress and advancement, and before many years the whole island on which it is situated will be crowded with an active and energetic people.

Such a city deserves and should have one of the best charters, and one of the strongest municipal governments which can be given by the legislative power of the State. What that charter should be, and what action the Legislature should take in reference to our local aifairs, this is not the time to discuss ; but in view of the present public agitation of that subject, I feel bound to state two propo- sitions, which it is clear to me should never be lost sight of, and should be rigorously adhered to.

1. The city should be permitted to choose its own officers, carry on its own government, and manage its own affairs. Its chai-tered rights should be preserved, its privileges maintained, and never under any circumstances should the State Legislature attempt to saddle upon it a commission to govern and control it.

2. Its Mayor should be clothed with power commensurate with his responsi- bilities. A concentration of power and of responsibility should be the end and aim of aU legislation relating to its government. It is the division of power and the division of responsibility which causes all or nearly all of our municipal evils, and the sooner this great truth is universally recognized and acted uponj the better for the common interests of us all.

One of the first of Mayor Hoffman's conspicuous acts after his elec- tion, was his veto message to the Common Council objecting to the resolution directing the Clerk of that body to take measures for the publication of 10,000 copies of the Corporation Manual.

The work, the Mayor thought, was useful, and the sum which it was proposed to pay Mr. Valentine for its compilation, $3,500, not excessive. But this little volume cost the year before over $57,000, or $5.70 each, while the Mayor believed, from careful inquiry, that it could be printed for $3.00 a copy. A large number of copies were given to city officials for distribution, and he saw no good reason why the privilege of such distribution should be bestowed upon the Mayor, the Common Council, and the Clerk, at a cost to the city of over

niS XOMINATIOX AND FIRST ELECTION AS MAYOR. 27

850,000. Mayor Iloft'imin's acti(ni, liowever, was overridden by the Coiuinon Council, and the volume was printed as it liad been in pre- vious years.

Subseqently, in April, he vetoed two schemes aimed at the city treasury — one for an extra allowance to a contractor, and tlie other, resolutions authorizinij^ a retired city inspectoi- to continue to occupy rooms rented by the city, and keep an indofinite number of clerivs for an indefinite time, to accomplish the untinished business of his depart- ment.

These, together with simihu- acts, proved conclusively Mayor Hoff- man's steady devotion to the people's interests, his unswerving integ- rity, his commendable strength of character and firmness of will. Although his powers were painfully circumscribed, and his official position hampered, by the most provoking features of legislation, yet the Mayor managed, by dint of great perseverance, caiition, energy, and the exercise of judicious foresight, to dignify his ofiice, and make it at once an honor and an ornament to the city.

On the 13th of May, 1866, Mr. Hoffman delivered the address on the occasion of the inauguration of the monument erected in Green- wood by the Seventy-first Regiment, to the memory of Colonel Abraham S. Vosburgh. The oration abounded with scholarly al- lusions and effective eloquence. Its character may be judged by its peroration, which was as follows :

" We go hence in a few moments to the city of the living — the great scene of bustling, active life. Let us carry with us lasting recollections of this day, and resolve with renewed strength faithfully to discharge, tn our respective spheres, our many duties as citizens of a country for the presentation of which oiu* friend gave up his life. I would not intrude upon these serious reflections and solemn scenes, one political thought or one jan-ing sentiment ; but, standing beside the tomb, all of us, citizens and soldiers alike, may well express the earnest hope and prayer that the death of Vosburgh, and of the thousands of patriots and heroes who followed him, may not have been in vain ; that the Union and Con- stitution for which they died may be preserved and protected against all as- saults ; that the States for the eternal union of which they perilled everything may not be kept asunder ; that fanaticism and madness everywhere may give way to a great and growing patriotism, which alone can make a people pro-sperous and happy ; that sectional prejudice, the rankest weed that ever grew in the garden of liberty, the intensest poison that ever polluted the well- spring of national prosperity, may be rooted out, and destroyed forever ; that the glories of peace and union shall indeed follow upon the hoiTors of civil war ; and that the whole people throughout the length and breadth of the land may be thorovighly inspired with the feeling that they have, and ever will have, ' one country, one Constitution, and one destiny.' "

When the obnoxious e.Kcise law went into effect, in the spring of 1866, a feeling of strong and bitter indignation prevailed throuj^hout the city, in opposition to the despotic measure. On the 4th of June,

28 JOHN T. HOFFMAN.

the German citizens held a mass meetin2^ in Union Squaie. Fully twenty thousand persons were present, and the occasion was marked by tlie adojitiun of most emphatic resolutions and the delivery of pronounced speeches. Mayor IToffiman wrote a letter to the meet- ing, which, like all his other public efforts, was characterized by dignity, force of statement, and breadth of view. The letter is as follows : —

Mayor's Office, New York, June 2d, 1864.

GeXTLEMEn : — I am in receipt oi: your invitation, to address a mass meeting of the German societies of New York, to be held in Union Square on Monday next.

I fully recognize your right to call upon me as a public man to express my sentiments ujion a law which affects so many of my fellow-citizens, and I shall freely and fully declare them.

We all recognize the evils of intemperance, and the consequences to which the tmrestrained sale of intoxicating liquors leads, and each of us should be willing to do his share to remedy these evils. You and I, and all citizens who have an interest in good government and the welfare of our fellow-men, look with ap- proval upon any judicious and wholesome restraint in this direction. Any law which, while securing equal justice to all, shall, by proper regulations, deny li- censes to disreputable persons, suppress disorderly houses and assemblages, and preserve order and decency throughout the community, demands and should receive an earnest support.

But I am as much opposed to intolerance as I am to intemperance, and a law which under the i^retext of moral reform strikes at the life-long habits and customs of a large class of our people, which are as harmless as they are universal, will never be sustained by any considerable portion of our community. There is a spirit of intolerance in some of the provisions of the present law, against which you are right in remonstrating, and yoi\r remonstrances must be heard. A law which can be so constraed as to enable officials to invade a man's house and ho7ne, and those clubs and associations which are legally as private as the home circle, which declares how long at night the lights may bum there, and at what hour those engaged in social intercourse there must cease their enjoyment and sepa- rate, and which follows with policemen and spies, and with restraint, large masses of the working population with their families, whenever and wherever they assemble, in accordance with life-long habits and customs, on their only day for rest and harmless recreation, creating no disorder and violating no man's rights, cannot receive my support as a wise and just exercise of legislation. Despotism is none the less oppressive because it comes in the form of law.

Parties and party principles are changing. There was a time, not remote, when the word " conservatism," as applied to the just rights and acknowledged liber- ties of the people, was the popular watchword of political parties. Now we have a powerful party boasting the name of " Radical," who.se members take counsel in jiassion and legislate in our National and State halls with an aggressive vindictiveness which seems to recognize no limit, as if they were charged with a special mission to make all men's views conform to theirs.

I cannot better express my sentiments in regard to this class of reformers than by quoting the words of a distinguished statesman and orator, now gone, who at an early period foresaw the spirit of aggressive intolerance which was gaining ground among our public men.

HIS NOMINATION AND FIRST ELECTION AS MAYOR. 20

He says : " There are men who, -with clear pefceptions, as they think, of their own duty, do not see how too eager a pursuit of one duty may involve them in violation of others, or how too warm an enhancement of one truth may lead to a disreg'ard of others equally important ; a8 1 heard it strong'ly s^tated not many days ai^o, these persons are dis]wsed to moitnt on a particular duty as upon a war-horse, and to ride furiously on and upon and over all other duties that may etand in the way. * * * if their perspicucnis \'ision enables them to detect a, spot on the face of the sun, they think that a g'ood reason why the sun should he struck down from heaven. They prefer the chance of running- into utter dark- ness to living in heavenly light, if that heavenly light be not absolutely ^vithoufc any imperfection. They are impatient men, too impatient always to give heed to the admonition of St. Paul, that we are not to do evil that good may come."

The limits of a letter will not permit the discussion of the law, and the princi- ples it involves ra its many aspects. But I have no hesitation in saying that as I understand the objects of your meeting, and to which I have alluded, they have my cordial sj-mpathy and approval. But while the law in question remains on the statute-book, it is your duty, as good citizens, to obey it. You have already set an example of obedience to law which has secured to you the respect and symi^athy of the public. Laws can only be avoided and set aside by the action of courts, or by the representatives of the people in Legislature ass-ombled. One way to instruct those representatives is through the medium of powerful assemblages, in the mode adopted by you. "Persistent vigilance in this legitimate direction will, I am confident, secure to you redress of the grievances of which you complain.

I am exceedingly obliged to you for the courtesy you have extended to me. But I think it desirable that your meeting shovdd be addressed exclusively by your own speakers. I have stated to a member of your ccanmitteo the rea- sons Avhy I think so, and I need not repeat them here.

I am, gentlemen, very truly yours,

JonN T. Hoffman.

On tlie 4th of July, 1866, the Tammany Society celebrated tlie recurrence of the National Anniversary with their customary fervor and patriotism. Mr. Hoffman, the Grand Sachem of the Order, de- livered the following eloquent address :

Brothers and Friends : I welcome you heartily to this old wig\ram. within which, for more than half a century, the Tammany Society has with luifailing regularity celebrated the annivei-sary of American independence. Its venerable walls bear the marks of time, and are blackened with the smoke of many a council-fire and many a conflict. In outward show it compares but poorly with the gilded temples of some more modern political associations ; but in its ancient and honorable record — its glorious past and its bright future — it outshines them all. (Applause.) During the years of fearful straggle through which the nation has just passed, while other places, more elegant and more fashionable, were the resort of those who assumed to themselves much of the patriotism and loyalty of the land, Old Tammany was thrown wide open as a recruiting-place for a class of patriots who were ^villing to fight, as well as to talk, for their country. (Loud applause.) Brave men went forth from here who either died upon the battle- field or have returned, after an honorable discharge, to labor and to vote for the speedy restoration of that Union for the maintenance of which they hazarded their lives, Tammany Hall, true to its ancient record, never yielded to the

30 JOHN T. HOFFMAN.

demands of fanaticism or faltered in devotion to the Constitution (applause) ; and now that peace has come, it demands that with peace shall come " good-will to men." It sustained the war, as waged for the preservation of the Union and the Constitution, and having triumi^hed, it demands that neither the one nor the other shall be tampered with by politicians or fanatics, in Congress or out of it. (Applause.) On this anniversary of the Independence of the United States of America, it asserts, not as a theory but as a fact, that the States are united — that they are equal under the Constitution, and that the avowed determination of a Radical Congress to refuse representation to eleven of them, is a gross assumption and abuse of political power, which deserves to be and will be rebuked by an intelligent people. It demands, and will insist before the coun- try, that the people of those eleven States, having abandoned the heresy of secession, and submitted to the authority of the Government, should have imme- diate representation in the persons of men who are true to the Constitution and the laws (applause), and that Radical partisans shall not, for the sake of per- petuating their political power, keep asunder those States, for the eternal union of v.'hich hundreds of thousands of brave men have perished, and thousands of millions of treasure have been expended. ("'Never." Cheers.) In making these demands it is ready to start anew, in concert with conservative men every- where, in a determined effort to overthrow those who, now that war is ended, will have no peace, and who, now that disunion is killed, wiU have no Union. (Cheers. ) William D. Kennedy wen* forth the leader of a Tammany regiment, and died its representative. Before he went he joined with us in placing in front of the Old Wigwam Jackson's motto: "The Union, it must be preserved." Elijah F. Purdy, my immediate predecessor, in his proi^er sphere did noble ser- vice in the good cause, and died on the last anniversary of that great battle which gave to Jackson immortality. (Applause.) One by one the old braves have passed away, but the younger warriors retain their spirit and will vindicate their memories. They choose this day to start anew upon the war-path, and will not bury the tomahawk until all enemies of the Union of the States, and of the rights of the States, shall be overthrown. (Cheers.) The iiroprieties of the occasion, and the manifold exercises of the day, forbid a reference to great questions of national and State and local policy, which wiU at the proper time be discussed.

I again welcome you to the Old Wigwam. It may be the last time we shall assemble here. It is full of bright memories of the past and great hopes of the future ; but it must soon give place to a new and more commodious one, which, in the greatness of its proportions and the harmony of all its parts, will be em- blematical of the Union of which it is the representative. (Cheers.) Let a voice go forth from here to-day which will be heard throughout the land. (Cheers.)

CHAPTER V.

NOMINATION FOR GOVERNOR, AND THE CANVASS OF 1866.

As early as July, 1866, JMayor Hofftnan's name began to be men- tioned in the Democratic press of the State for the office of Governor.

NOMIN'ATION FOR GOVERNOR, AND CANVASS OF ISGG. 31

His abilities as an executive officer, and the distinguisliing probity of ])is official character, had attracted the attention of the Democracy of the State. He had, however, up to this time taken little or no part in State politics. While his fame as Recorder and Mayor of the City of New York liad been sounded throughout the interior, yet he had but little personal acquaintance with the Democratic politicians of the State, and none witli the masses of the party outside of New York and Brooklyn. The comments and eulogies of the city press were, however, echoed in the rural papers of the State. His speeches at the reception of President Johnson on his journey north- ward during that summer had been extensively published and read by the people. These had served to introduce his name and liis abili- ties to circles where they had not been known before. Long before the Convention assembled, his name loomed up as one of the most promi- nent candidates for the position of Governor.

His strength began to be so universally conceded that the oppo- sition press, under the lead of the Herald and Tribune, assailed him and endeavored to turn the tile in another direction.

The Convention assembled at Albany on the 11th day of Septem- ber. It was a convention which was called under the joint auspices of the Democratic and Conservative Ilepublican Committees ; the latter having been appointed at a convention which previously assembled in Saratoga, to elect delegates to the Johnson National Convention. One-third of the Albany Convention was then Conser- vative Republicans. The Democracy of the State had just lost their great organizer, Dean Richmond, and during the election of dele- gates there was great anxiety as to who should be selected to fill his place. The convention was therefore an important gathering to the State, and on that account was looked upon with more than usual interest. The leading men of the Democracy were there, both those who had figured in its politics for years, as Avell as the young men of prominence who were just entering upon the stage of action. Many of the old wheel-horses of the Republican party were also in attendance, manifesting great anxiety as to the result.

As tlie delegates assembled it was found that there were numerous candidates for the nomination. Among these were Sanford E. Church, Henry C. Murphy, John T. Hoffman, John A. Dix, Henry W. Slocum, Wm. F. Allen, and William Kelly. But one object appeared to animate the entire assemblage, which was one of the largest that was ever drawn together by a State Convention, and that was to bring out the strongest man. The Conservative Republi- cans, in many instances, pressed the name of General Dix, but soon wheeled into line for Hoffman ; and after two days' canvassing the merits of the several candidates, their strength and their capabilities,

32 JOHN T. iioff:^!.^^.

it was generally conceded tliat Hoffman's nomination was the best that could be made. On the second day of the proceedings, lion. A. Oakey Hall presented Mr. Hoffman's name to the Convention in a neat and appropriate speech. This was followed by Edwards Pierrepont, who, in seconding the nomination, announced that he had been re- quested by General Dix to withdraw his name, and to announce that he (Dix) was in favor of John T. Hoffman.

Other speeches were made, eulogistic of Mr. Hoffman, by Fi-ancis Kernan, of Utica ; Darius A. Ogden, of Yates ; and Abraham Wakeman, of New York, when Mr. Hofftnan was nominated by acclamation amidst unbounded enthusiasm.

After making the other nominations the Convention adjourned until afternoon, at which time Mr. Hoffman, liaving been telegraphed for, appeared and made the following address, accepting the nomina- tioa : —

Gentlemen of the Convention and Fellow-citizens : I should be less than a man if I did not admit that I am proud at this greeting. I have just entered the city of Albany. I have come here in obedience to a telegram I did not feel at liberty to disregard. During the active session of the Convention, when my name was being canvassed with others for the office of G-ovemor of the State of New York, I did not feel at liberty to come here, because I felt that if the nomination were to be made it should be made by the delegates assembled there without any personal interference or action of my own. (Cheers.) Now that the nomination has been made, I am here to accejit it in iierson, and thank you for the honor you have done me. (Cheers.) I appreciate, gentlemen, the honor you have conferred on me, and I also appreciate the responsibilities, the cares, the anxieties that will follow upon it ; for no man, I care not how young or how old, how vigorous or how feeble, can enter on the combat, such as we have to iight, without feeling, in the very depths of his heart, the importance of his position and of the canvass in which we are to be engaged. I feel this the more because I know there have been in this Convention many to whom I was per- sonally a stranger, my lot in public life having been thrown in the .great city of New York, and my public career having been to a great extent confined there. I feel I am under a debt of double obligation to the gentlemen from different parts of the State comprising the Convention who have chosen me as the stand- ard-bearer of the great constitutional party. (Cheers.) I have nothing to commend myself to them but my record, such as it was. (Cheers.) During the great war through which this country has passed it was my privilege to be in position in New York, where I endeavored to oppose secession and defend the Union, and to aid in the promotion of volunteering, and I labored, at the same time, that the right of every citizen under the Constitution and the laws should be protected and held inviolate. (Cheers. ) In the court of which I had the honor to be a member, whUe I undertook judicially to imi^ress on all people obedience to all law, and to see that every man, so far as I had power, be protected in his constitu- tional and legal rights, I did not hesitate to visit the penalties of the law on those who violated the law. (Cheers.) I have endeavored, in the i^osition in which I have been placed, to stand ia opposition to centralization of power in the State and elsewhere. I was opposed to the "farming out" of the city of New

NOMINATION FOR GOVERXOR, AND CANVASS OF 18GG. 33

York to partisan legislatures, and I stand opposed to it to-day. (Immense cheer- ing.) When the war was at an end, with my fellow-citizens I declared that the war having ended, peace should come. At the New England dinner, December, 1865, when a distinguished United States Senator said that according to the old Puritan doctrine it would be necessary to shed more blood for the remission of sins, I took my stand and said : ' ' Blood enough has been shed to remit the sins of the universe." I declared then, and on the 8th of January following, that we were on the eve of great and important events, and that for the time all political antagonism should be buried. There I took my stand, and avowed my readiness to unite with all men, whoever might be the leaders, under the battle crj' of "The Union and the Constitution ; " to sustain the President (cheers) in his de- termination to restore every State to its proper position in the Union. (Cheers.) My fellow-citizens, pardon what, perhaps, may seem to be the egotism of these remarks ; but it is due to those I have never had the pleasure to meet before, to tell them what has been my platform, and is at present. I feel as I stand here, in the presence of this Convention, and selected as I have been by the great con- stitutional Union party, that I have been honored among men who have been honored everywhere. I have been mentioned in connection with Dix, Murphy, and Slocum, and other dLstinguished names ; I have been chosen by the unani- mous voice the standard-bearer of this great Conservative Union party of the State ; and when I feel that the selection has been made from among names honored everywhere, wherever mentioned ; that I have been in this Convention named in association with Dix, Murphy, Slocum, Kernan, and that among them all you have done me the distinguished honor of saying, that in view of the present con- dition of affairs, in view of the emergencies of the day, I am the man to run this fall for the office of Governor of the State of New York, I feel it due to you and due to myself to state every doctrine I have advocated. I cannot make any long si^eech. I stand here a constitutional Union man, pledged to carry out what the Senate of the United States promised in its resolutions, referred to in your second resolution, and what General Grant promised when General Lee surrendered to him. (Cheers. ) What is the issue 'i It is, whether the war for the Union shall be followed by a Union ; it is whether, se- cession having been put down, in theory and practice — whether, slavery having been abolished — whether, the South having submitted to the authority of the Government, the Southern States shall be represented in the Congress of the United States by loyal men. That is the question of the day. The Radicals themselves differ in some of their propositions. Mr. Thaddeus Stevens, on one hand, declares for universal confiscation, and universal suffrage, and universal ruin. Mr. Horace Greeley, representing another element, on the other part, de- clares for universal suffrage and universal amnesty. Others are for this plan, others for that. But the great practical question is what I have just stated : whether the States now kept out of the Union shall be represented in the Con- gress of the United States by loyal men. (Great cheering. ) That question will be determined this fall. A distinguished Radical politician, travelling in the cars to-day, admitted that in his judgment the contest would be a close one. (Cheers. ) Perhaps it wUl, gentlemen— that depends upon you. It depends upon you whether, when you leave this hall and return to your homes, you organize the State for the pmijose of victory. If that be done, this great question, on which we have started, will be decided with triumph. Gentlemen, the Radical power and party in this countiy are a power and party for destruction — it can tear down, but it can never buUd up. (Cheers. ) There is a spirit of intolerance

34 JOHN T. HOFFMAN.

about it that can crush, bu.t can never restore. It assails every individual right, it attacks every local organization which is antagonistic to its own interests, and seeks to centralize within itself that power which would enable it to perpetuate its baleful influence on you forever. They talk of victory. Where is the acces- sion to their strength ? From whence does it come ? I can form no idea, unless they hope, by a shameless open bid they have made for the votes of Irishmen, that they can catch them by the spiirious pretexts they set forth. I am told that they anticipate entrapping a few men who have heretofore voted with the Democratic party, and that they will now be with them. Why, I tell them that the men there and elsewhere wUl perceive too readHy that the policy they are advocating towards the Southern States is the same policy which England has enforced against Ireland (cheers), and they will be ready to strike a balance be- tween profession on the one side and practice on the other. They will be ready to see that the same spirit of intolerance which keeps the States out of the Union, which declares who are fit and who are not fit to be trusted with politi- cal priveleges — that same spirit of intolerance which interferes with social rela- tions here and elsewhere, will, when the present hobbies are worn out, assail not only the suffrages, but the religion of the men whose support they are now court- ing. (Cheers.) Now, my fellow-citizens, I have about done. These are desul- tory remarks. No man who appreciates the magnitude of the great State of New York — its interests, its wealth, its power, present and prospective, and who knows that by a convention of the great conservative men within it he has been chosen for the time being as their leader, can help feeling the importance and solemnity of the occasion. These remarks are not made, therefore, in a spirit of excitement. We go forward from this day in the battle throughout the State ; we fight the men who advocate centralization of power, the men who call them- selves " loyal." Against the great body of the supporters of these Radical lead- ers we have not a word to say ; but when these Radicals assume all the loyalty of the land, I ask them, " What do they mean ? Loyalty to what ? Loyalty to the Constitution ? " No. They deny its application to the whole Union, and tamper with it. while States are unrepresented. Loyal to the President ? No, th'ey vilify him. Their test of loyalty consists in submission to the action of a majority in Congress. (Cheers.) Has the test of loyalty come to this? Has it come to this in free and independent America ? No man can be loyal who does not give his willing assent to the action of a majority in Congress. You and I have been taught in the days of old that it was love of country, love of i\nion, obedience to the Union that constituted loyalty ; that it was that that deter- mined whether a man was loyal or not. But, thank God ! none of us have been brought up in a school in which we were taught to say that a determination to keep ten States out of a representation in Congress was the test of loyalty in Americans. (Cheers.) Am I right? ("Yes.") Then, fellow-citizens, enter on the contest which we have commenced with zeal and determination. Recollect the issue ! It is the rights of the people ; it is the rights of the States as weU as the United States ; it is the preservation of the Union of States. You have in this contest shown your appreciation of the Union of States, the rights of States, and of the interests of the States, in opposition to those who are work- ing for the disunion of the States and the disruption of our national imity. In their State Convention at Syracuse last week they forgot the State of New Y^ork, and in their resolutions and platform they have made no reference to it. Is that because the policy of the Radicals either in its legislative or executive de- partments is so defined and is so popular that no further declaration of princi-

NOMINATION FOR GOVERNOR, AND CANVASS OF 1866. 35

pies is needed ? If so, I liave yet to learn it. They have ignored the great is- sues which are vital to the State of New York, and have adopted a national i)ol- icy which keeps States disunited and delays indefinitely the restoration of the Union. Against such a policy the conservative men of the great State of Now York will contend, with an assurance of triumph. Long Lsland and Manhattan will thunder forth majorities in favor of the principles declared at this Conven- tion, and if you meet them with your usual vote, your success is certain. In the canvass in which you are engaged, I will, so far as health permits, discuss those public questions in a more satisfactory manner than now. (Great cheers. ) I know the contest will be an angry and bitter one. In its bitterness I will take no part. If this canvass cannot be conducted by me as a jjatriot and citizen ought to conduct it, I would rather not conduct it at all. (Cheers.) I stand by the record of my life. There is no public or private act of mine that fears in- vestigation. (Cheers. ) If there is to be vituperation and abu.se in this contest — and they threaten to resort to it — I shall not follow them. Our policy is not to be on the defensive, but on the offensive. (Cheers.) There is now a disposition to yield past differences, and men of different shades of political opinion are uniting for the common good. (Cheers.) As the President said to me the other day in the streets of New York, when he was surrounded by thousands, " The country can yet be saved. " (Cheers.) Starting on that the- ory, to save the State and save the country, to make the entering wedge by which the hosts of Radicalism can be routed, is to be the thing we are to ac- complish. We are to take them in their citadel. The war is to be offensive on our part. They must defend themselves. We are now right upon the record.

The campaign at once commenced in earnest. The Republican papers weie not slow to commence their abuse of Mr. Hoffman, but their slanders were easily and eiFectually silenced by the letter of lead- ing New York Republicans, nominating Mr. Hoffman for Recorder a second term, and paying a high tribute to his ability, judgment, and patriotism. This and other avowed evidences of the esteem in which Mr. Hoffman was held by leading Republicans while acting as Recorder, had the effect to check ranch of the parti-san abuse that would otherwise have characterized the campaign of that year.

Mr. Hoffman opened the campaign personally in Elmira, on the night of September 25. The meeting was one of the largest that ever convened in the western part of this State. His address there being the key-note of the campaign, we present it entire. Its pertinency and strength have a decided bearing upon the present canvass : —

SPEECH OF JOHN T. HOFFMAX.

L.VDIES AND Gentlemen : — I came into your beautiful town this morning, the candidate of the young men for the Governor of your State, a stranger personally almost to every man within the limits of your city. But I have had a greeting and welcome accorded so sincere, so enthu.siastic, that I feel truly grateful to you all. (Cheers.) I stand before you to-night the representative of great prin- ciples, and of a great conservative party, made up of men who for some time past have not acted in political association. For the time has come — the neces- sities of the age demanded that it should come — that for the great end of secur-

• 3

36 JOHN T. HOFFMAN.

ing a speedy restoration of all the States to tlieir rights as States under the Con- stitution, men should lay aside past prejudices, past antagonisms, and meet to- gether in one common body for one common end, the good of the whole United States of America. (Loud cheers.) I do not stand here to-night, ladies and gentlemen, to say one single word in regard to the candidate for Governor of the State of New York. I leave it to my enemies to abuse me ; I leave it to the record of my life to defend me. (Cheers.) I announced at the beginning of this campaign that I should indulge in no personalities ; and I declared then, as I declare now, that if the record of a life in the leading city of this great country will not justify me before the people of the State, nothing that I can say in my own behalf, and in my own defence, can secure to me their approval and their suffrage. I have no charges to make against my opponents ; I have noth- ing to say as to them personally. The assault I have to make to-night is upon their policy and their principles, and I shall do that to the best of my ability, sparing nothing in the attack. Now, my fellow-citizens, let us look for a moment at the great issue of the day. I can hardly hope to add anything to the forcible speech of the distinguished gentleman who presides at this meetmg. I do not hesitate to say that I have not heard in this campaign, nor have I read so much said in so few words which must commend itself to the g'ood judgment of every patriotic American citizen. (Cheers.) Nevertheless, in my own way of ijresent- ing this question, I shall proceed to do it with such brevity as is consistent with the occasion. This country has just passed through a terrible struggle, a war which has convulsed it from one extreme to the other. It never could have passed successfully through it if the hearts of the great mass of the American people, representing all parties, had not been in the contest. We will not look at the past. We will not dwell upon the assaiilts which have been made upon individual men and individual parties. The great truth stands out, prominent and beyond dispute, that the whole people of the North, almost en masse, have united their energies, their talents, and their capital, in the one great work of preserving the union of the States, for which their fathers fought and bled ; and however they may have differed as to the means and peculiar manner in which the war should be conducted, they were agreed upon the one great point, that it should be so conducted that all the States of all this Union should be ke])t within the Union, under the Constitution, and under the restrictions imposed thereby. For that end, how many hundreds of thousands of lives have been sacrificed, how many thousands of millions of dollars have been expended, how many houses have been desolated, how many young hopes have been blighted, how many old heads have been bowed down in sorrow and brought to the grave, for that one end, the preservation of the union of these States ! If, during this whole con- test, one man or woman had been asked this question : " When this war is over, shall the States in rebellion be kept out of the Union 'i " there would have been one unanimous and emphatic '' No." (Cheers.) That, then, was the object for which they fought. That, then, was the object for which sacrifices of life and sacTifices of money were made ; and now that the war is ended, now that the rebellion has been subdued, now that the admitted cause of the rebellion — sla- very— has been abolished, and now that the South have declared that their own debt shall be repudiated, now that they have fulfilled the obligations imposed upon them by Congress when the rebellion was suppressed, we still find the great majority of that Congress, representing the Radical party in this country, declar- ing with one voice that the States which our people fought to keep in the Union, shall not come in. And the question which you are to determine in this election in

NOMINATION FOR GOVERNOR, AND CANVASS OF 1866. 37

t"he Empire State is, whether the North is with the Radical party upon that issue.

3Iy friends, I have said that the rebellion has been subdued. If it has not been subdued, then the war is not yet over. But it has been suljducd : the President of the United States has proclaimed peace throug-hout the land : every soldier in rebellion lias gone to his home. There is not an armed force arrayed against the <Jovemment from one end of this country to the other. There has not been an outbreak, with one or two exceptions, in the South since Lee's sur- render. There has been a riot in New Orleans, and that is all. With that sin- gle exception, history al?ords no parallel to the entire submission exhibited by the Southern people to the results of the war brought on by themselves and ended by the heroic valor of the people of the North. I ask the chainnan of this meeting, I ask you, when the war was being waged, was it not your fear, as it was mine, that even after the war was closed the discontented sjiirits of the South would form guerrilla bands, and keep the country in a condition of in- quietude for years to come ? Did not Mr. Lincoln himself declare that he feared, after the war was over, that Congress would have to take action to compel the Southern people to send representatives to Congress ? But what is the pic- ture ? Entire submission to the authority of the Government ; rea<liness to re- ceive propositions proposed by CongTass ; slavery cheerfully and willingly abol- ished— the sacrifice of what to them, or many of them, was all they had ; the debt, to which many of them were pledged by every dictate of honor, reiiudia- ted ; obedience to law ; the States, many of them, passing laws to protect the rights of every citizen, white and black ; giving every evidence they can of their submission to the result of the war, and asking nothmg in return but that they should have the rights that the Constitution guarantees to everj' State and to every citizen of every State. (Cheers. ) Have I told the truth ? I know not what may have been told to the people of Elmira by this travelling company of Radicals who are circulating through the State, nor do I care ; for men who come from any section of the country begging the re-st of the coimtry to keep them out of the Union, are not worthy of the confidence of the American na- tion. (Cheers. ) The man who claims to be a representative of a Southern State and of the Southern people, who does not want his State to have its re- presentation under the Constitution, might far better stay at home than go travelling about the country at the expense of loyal leagues and Eadical politi- cians and asses.sments upon office ■'holders, to denounce his own people, and beg that they may be kept out of the Union. (Cheers.) I shall not stop to ask what declarations these men have made to the citizens of Elmira ; I appeal to the history of the day, to the journals of the day, to the temper of the Southern people, to all the evidences that have been furnished to any community, if the picture I have presented of the entire submission of the Southern States to the authority of the Government is not a true picture in all its features. (Applause. ) Now, if it is, what then ? If there is anything of which an American citizen feels proud, it is of his honor. If there is anything of which an American citizen feels proud, it is when he can say throughout the world, " I am an American." If there is anything of which an American could desire to boast, it would be that the American nation never breaks treaties and never violates its plighted faith. Gentlemen, to what did Congress plight the faith of the nation in reference to this war ? That it was not waged in any spirit of oppression or with any pur- pose of subjugation, but merely to keep the States in the Union, and when the war was closed to give them their rights under the Constitution, and the protec-

38 JOHN T. HOFFMAN.

tion which the Constitution griaranteecl to them. Was not that published in every paper throughout the laud ? Was not it aunoiinced from this platform and from every platform throughout the country ? Was not it the leading' ciy under which men, without regard to party, rallied to our standard and to the public meetings to encourage the soldiers who had gone to the war? (Applause.) If the cry had been, " It is prosecuted to put dowoi rebels and keep out the Southern States," would there have been the same enthusiasm? ("No, no.") But no. Congress in solemn resolutions declared the object of the war, and Con- gress, out of honor, in consideration of this sacred pledge, is boiuid to-day to ad- mit loyal representatives of the people of the South. (Applause.) I have spoken of the pledged faith of the nation. Was there nothing else ? When Lee sun-endered to Grant, what did Grant tell him ? " Lay down your arms, go home, and as long as you are obedient to the Constitution and the laws you shall be protected in your rights as American citizens." And is there a soldier or officer who would stand before General Grant to-day and say : " The word you pledged to them shall be broken ? " ("No, no;" cheers.) When the President of the United States travels through this country with Grant on one side and Farragut on the other, they are two living- witnesses of the sense of the obligation which they feel to the plighted faith of the nation. (Cheers.) General Grant may de- clare he is no poUtician, Farragut may declare he is no politician ; but when these two noble heroes of the war stand side by side with the President, while the peo- ple of Indiana, it may be, refuse to hear him, you may be sure that they desire with him to secure the representation of all the States by loyal men in the Con- gress of the country. Let the soldiers who have returned from the battle-field, who are now at home, scattered through this country, determine for themselves, when this election comes, whether they stand with Grant and Farragut and the President, or whether they stand with Stevens and Greeley and Butler and Wendell Phillips, et id (rinne genus.

Now, my friends, we have got a little to say about Congress. I shall endeavor not to exhaust you by any long speech, for you perceive that my throat is not in the best condition. A speech in the open air, to such an audience as I have had to-day, is not calculated to improve it. But I have my duty to perform in this cam- paign, and I mean to j^erform it, let the consequences be what they may. (Cheers.) I have said Congress denies to these States representation in Con- gress. Now, I propose to see what Congress once insisted on in reference to this same question. In 1864, just before the adjournment of Congress, a bill was passed for the reconstruction of the States. It was introduced into the Senate, and finally passed the House on the last day of the session. It did not receive the approval of the President, for the reason, as he said, that it passed so late that he had not time to give it the examination he desired. But it embraced what Congress was willing to do. The first amendment simply referred to who might vote in the State elections, for the State conventions that were to assem- ble. The second and third articles were as follows :

2. Involuntary servitude is forever prohibited, and the freedom of aU jjersons is forever guaranteed in the State.

3. No debt. State or confederate, created by or under the sanction of the usurping power, shall be recognized or paid in the State.

The bill further provided that when a constitution containing these provisions should have been framed by the convention, and adopted by popular vote, it should be recognized as the government of the State.

And then Congress declared, by every act which could make it more binding,

NOMINATION FOR GOVERNOR, AND CANVASS OF 1SG6. 39

that those amendments being adopted, the Constitution should be ratified in Congress. Mr. Lincoln, in the same message in which he gives his rea.sons for not signing the bill, which was that it was presented for his approval less than one hour before the xine die adjournment of Congress, goes on to make a pro- clamation, saying that the provisions therein were acccpt.ablc to him. Congress did not claim then that the Southern States should adopt amendments to the Constitution, which they now claim .should be adopted ; and that was at the close of the session of 1864. But Congress at the la t session pa-ssed an act making it necessary for certain other amendments to ')C adopted by the Southern people. They nowhere say that when those amend i. nts are adopted by the Southern people they shall have representation in Con ress. On the contrary, a bill wa.s introduced in Congress declaring that who a these amendments were adopted by the States, then they should have reprn«cntatiyes in Congress, n7id tliat bill iras drfeated in the House. I come, therefore, to the question of these constitutional amendments, loecause they are important amendments in this can- vass. The Chairman of this meeting has said, and said very properly, that the question is not now whether constitutional amendments shall be adopted or whether they shall not be adopted. We are not called upon in thi.s canvass to vote upon that question. He has stated very truly that the question is simply whether the Southern States shall have representation, independent of the ques- tion of the adoption of these constitutional amendments. I desire to say a single word upon the amendments themselves, on the theory that if they were adopted these States should have admission. Now, these amendments are numerous. There are four or five of them, and it is the first time, I think, in the history of the country, that any attempt has ever been made to require States to adopt a series of amendments to the Constitution at one time. One of these amend- ments, and a very serious amendment, which is talked about to the peoi^le a gTeat deal by the Radical orators and speech-makers going about, is the one that declares that hereafter representation shall only be allowed to the voting popu- lation of the States ; or, in other words, that wherever male persons above the age of twenty -one years are excluded, they shall not be calculated in the basis of representation. You find these men asking the people, and you find people asking you, if the Southern States only had a certain amount of representation when all the blacks were slaves, before the rebellion, why they should have any greater representation now ? And it is a question which strikes men very forcibly. They say, perhajis justly — I am not disposed now to dispute the jiroposition — that States which have been in rebellion should not come back into the Con- gress of the country with greater representation than they had when they com- menced. That is a practical and important question. It matters little what my views are, but I do not hesitate to say that if the amendment stood alone, and I was satisfied of the right of Congress to exact it as a condition to the admission of these States, I would give it my hearty approval. But first I deny the right of Congress to require the adoption of that or any other amendment as the con- dition precedent of the admission of these States to representation in Congress. They will tell you it is part and parcel of the war measures necessary to bring about perfect peace and harmony throughout the land. "When the abolition of slavery was required as a condition, there was sense in that, because all men, by virtue of the force of circumstances, admitted that the institution of slavery, which had been the disturbing cause of the war, and of so many irritations, was of necessity wiped out by the war, .and, therefore, as a necessary war measure for the sujipression of the cause of the war, there was justice in exacting it ;

40 JDHN T. HOFFilAK

and whether it was constitutional or not, the people of the South acqiiiesfced in it. Just so in regard to the repvidiation of the Southern debt — it would not d^ to let a people pay a debt contracted in the service of the rebellion ; whUe every sense of prudence demanded that the country's debt shoivld be paid, incurred in putting down that rebellioru But when these subjects vf ere out of the way tihere was nothing left necessary for the peace and harmony of the coun- try. And when Congress proi:)Ose these amendments to change the repre- sentation in Congress, they do it merely to perpetuate their own political power in the body in which they are acting. (Aji^plause — "That's so.") Is it not so ? Let us see. I take it for granted that there is no one here who fears that the few members of Congress who come back from the Sovith are going to be able to revolutionize and overthrow the Government, if they had the disposition, against the immense Northern majority against them. But the Radicals say the rebels of the South may unite with the Conservatives and keep them out of power, and so they want an amendment of the Constitution to diminish the Southern representation. See where this leads you. Is it not su startling position to be t^aken, that a Constitutional amendment must be adopted to keep a mere party ia power ? Some day New England may get so much exercised ui^on the tariff question, in favor of a high tariff, and the great West- em States so much exercised against the high tariff, that whatever party can get a controlling majority in Congress for the time being, may take it into their heads that they will reduce the representation of the other sectioru New York might take it into it-s head, as I think it will this fall, to overthrow these Eadi- eals (cheers and laughter) and elect a Conservative ticket, and the Radical members of Congress may suggest that its representation in Congress shall be diminished. Now, this is not absurd ; I am only showing just where this argu- ment leads you. It can lead you nowhere else, because there can be no motive for the amendment I have sjxtken of being insisted upon as a condition j)rece- dent, other than that of securing political and partisan power. (Applause.) Nevertheless, if it were in the power of Congress to impose this amendment, I would give it my hearty approval : I would be willing to approve it so as to remove aU the difficulty in the way of the admission of the States. I have had Southern men say to me, ' ' Sir, wrong as that amendment is, our people would adopt it to-day, if it would end this ceaseless and eternal agitation — not cheer- fully, but they would adopt it. But," — here conies the rub — " Congress never meant, when they suggested those amendments, that the people of the South should ever adopt them." I will tell you why. They added another amendment which proscribes a large class of the people of the South forever from any share in the government of the nation, or of the States. They proclaim by these amendments that no man who has taken the oath as Congressman, or judge, or member of a State Legislature, shall evex again hold a seat in Congress, al- though he may have been a member of the Legislature of a Southern State twenty years ago. It is very well to say that men who have been in rebellion shall not have seats in Congress, but it is not very well to say that any people shall be asked to proscribe, by their own act, the men with whom they have been in mtimate association all their lives. It is not all very well to say that a family shall be called upon to proscribe its head in order to secure the right of representation in Congress, or that a father shall proscribe his son. It is not very well to claim that this country will ever have peace and harmony as long as there are a large number of men in the Southern States proscribed from all participa- tion in the government and its affairs. And this Radical Congress knew as well

NOMINATION FOR GOVERNOR, AND CANVASS OF 1860. 41

as jou know, that there is no people on the face of tlie earth who would ever consent to a constitutional amendment which would proscribe their own brothers, fathers, and friends — the men with whom they had labored and suffered. But the Radicals, knowing this, intended to go into this canvass and represent the people of the South as refusing to adopt rea.sonable amendments to the Consti- tution, and so tide over this election and the next Presidental election, and thus secure to themselves another lease of power. (" They can't do it.") If there are any soldiers here, or any sailors here, or in this town, who would see this question discussed in language so clear, so beautiful, and so expressive that it makes you feel how language is capable of expressing in the simplest way the most jjowerful arguments, let him read the address of the Soldiers and Sailors' Convention which assembled in Cleveland several days ago ; and I tnist the gen- tlemen controlling the organization of this district will put it in circulation, and see that it is in the hands of every voter in the district. It is full of sense, it is unanswerable in argument, it is convincing and conclusive, and no man can rea- son against it for a moment. Now, my friends, so far we have discus.sed these amendments. "We come to another practical subject, and that is — whether the people who are represented are sincere or not. The Efidical members, claiming to represent the people of the North, icJien they say that all that keeps the South out is their refusal to adopt these amendments, are not sincere. The best evidence I can give upon that, in the first place, is a fact as stated in the New York 'Times. I will read the paragraph. It says : ' ' There is not the slightest difference of opinion, so far as we are aware, in the Union party, and very little anywhere else, as to the wisdom of ratifying the constitutional amendment proposed by Con- gress." Well, my friend Raymond had some doubts about it when he wrote the Philadelphia address and read it ; but the circulation of his paper has been im- peded among the Radicals who did not like his doctrines, and so he has concluded to administer a few doses of Radical medicine. (Laughter. ) He continues : "It received every Union vote in the House, and is sustained by every Union journal throughout the country. The only point upon which differences do prevail, is as to the policy of making its adoption a condition precedent to the admission of representatives from Southern States. Ui^on this Union members of Congress were not agreed among themselves. Some were ojiposed to admitting them until after the amendment should have become part of the fundamental law, by the mtification of three-fourths of all the States. Others, like Mr. Bingham of Ohio, insisted that whenever any Southern State should ratify the amendment, that State should thereupon be admitted to representation. Others, like Sir. Boutwell of Massachusetts, and Mr. Kelley of Pennsylvania, refused to pledge Congress to admit them even after the amendment should be adopted, and others stUl did not deem it within the constitutional power of Congress to impo.se its adoption as a condition of admi-ssion to the fundamental right of representation. In point of fact, the adoption or rejection of the amendment has nothing what- ever to do, as the law now stands, with the admission or rejection of members from the Southern States. A bill providing for their admission on condition of its adoption was rejected by the House, and even if every Southern State should ratify the amendment to-morrow, Congress has not pledged itself in any way thereupon to admit their representatives to Congress. "

Now I ask, with what fairness and candor can men who represent the Radical party come before an intelligent audience and say that the only reason the South- em States are kept out of the Union is because of their refu.sal to adopt these amenckueuts ? But there is even a later evidence on that subject. The New

42 JOHN T. HOFFMAK

York ladeiiendeiit ^ which is one of the leading' journals of the Radicals in the State — I believe it does not publish Mr. Beecher's sermons any more, which may be considered another proof of its Radical sentiment — says : ' ' No leading Re- publican in Congress means to admit the ten waiting States simply on the adop- tion of the constitutional amendment." Mark that. It further says: " These States are to be admitted on no conditions short of the equal political rights of their loyal citizens, without distinction of i-ace. A reconstruction of the Union on any other basis would be a national dishonor. UntR the reiel States can come iacJc on this basis, they shall not come back at aU.''^

In plain language, imtil the right of suffrage shall be given to four millions of uneducated negroes just freed from the bonds of slavery, not one out of one thousand of whom can read or write, — until that has been done, the Soiithem States shall not be ag-aia admitted into the Union. Now if there are any con- servative Repriblicans here, and I trust there are, I do not ask them to read the Times to-moTTow to see whether Mr. Raymond has changed his mind again ; I do not ask him to read the Herald — (hisses) — to-mon-ow, to see whether Mr. Bennett believes that the country is radical ; hwt I ask him to determine whether he is willing" to plant himself on that platform that there shall be no union of the States until four millions of uneducated negroes shall be admitted to the suffrage ? These issues are getting plainer every day. I ask this of every man here. I ask it of every lady here — for the influence of women in the politics of the country is of itself a power, and I am glad to-night to see in this assemblage of conser- vative people that they are taking an interest in this matter. Let discussions njDon these subjects go forward, and let the women of the country instruct their sons that they shall never exact as a condition of the enjoyment of constitutional rights any such condition as that there shall be added to the suffrages of the na- tion four millions of negroes. (Applause. ) Now, to show you how utterly hollow is this pretence of the Radicals that they intend to give representation to these people upon the adoption of the constitutional amendments, and in order to show you the policy of hate, the policy of war, the policy of malice, the policy of in- sane frenzy which characterizes them, permit me to read an extract from a paper which I hold in my hand. It is an advertisement of the New York Weekly Tri- btrne, published by Horace Greeley, the man who asked the President — and I will only allude to it in passing — who asked President Lincoln to submit these propo- sitions to the country as a basis of adjustment :

"1. The Union is restored and declared peri^etual.

' ' 2. Slavery is utterly and forever abolished throughout the same. '"' " 3. A complete amnesty for all political offences, with a restoration of all the inhabitants of each State to all the privileges of citizens of the United States.

"4. The Union to pay fotir hundred million dollars (400,000,000) in five per cent. United States stock to the late slave States, loyal and secession alike, to be apportioned pro rata, according to their slave poiuilation respectively, by the cen- sus of 1860, ia compensation for the losses of their loyal citizens by the abolition of slavery. Each State to be entitled to its quota upon the ratification by its Legislature of this adjustment. The bonds to be at the absolute disposal of the Legislatvire aforesaid.

"5. The said slave States to be entitled Jienceforth to representation in the House on the basis of their total, instead of their Federal, pojmlatimi ; the xehole being now free.

" 6. A national convention to be assembled so soon as may be, to ratify this adjust- ment, and make such changes in the Constitution as may be deemed advisable. "

That is what Horace Greeley asked President Lincoln to agree to. Now hear

NOMIXATIOX FOR GOVERNOR, AND CANVASS OF 1SG6. 43

what Horace Greeley says — the man who has attempted in the issues of his paper to say that he who stands before you was not true to the Constitution and Union, and charging that in 18G3 I insulted the Republican party and its leaders, when he knew, and it has been published in other papers, though he would not print it, that in October of the same year his ovm Convention nominated me for • the office of Recorder, and sent me a letter in which they said my devotion to the cause of the country had never been doubtf al. Hear what he says, and I ask you when you read it to say whether such a spirit will bring peace and pros- peritj' to the country.

"A political struggle rarely surpassed in importance or intensity has been pre- cipitated on the country by the treachery of Andrew Johnson, and some of his official or personal adherents, to the great and patriotic party by which they were intrusted with power. The aim of this treachery is to put the steadfast loyalists of the South under the feet of the ' whijiped but not subdued ' rebels, and to enable the latter to glut their vengeance on the former, whom they hate and curse as responsible for the most unexpected overthrow of their darling ' confederacy. ' "

In the name of Heaven, if that be true, as Horace Greeley says it is. how can he stand up in his paper and declare for universal amnesty on the basis of uni- versal suffrage ? If that be true, as he is attempting to make you believe it is, then the Southern people are not entitled to representation in Congress, or to association with patriotic men. He knows it is not true, but he circulates it to inflame the passions of the people, and mislead the conservative mind of the country. He goes onto say: "The recent wholesale massacres at Memphis and New Orleans were but conspicuous manifestations of the spirit now rampant in the Soiith, whereof the pro-rebel triumph in Kentucky is a more recent example. The soldiers of Lee, Beauregard, Johnston, and Hood are now the dominant power from the Potomac to the Rio Grande ; they elect each other to office in pre- ference even to stay-at-home rebels ; they have supplanted nearly all others as policemen of Southern cities ; they are organized and officered as State militia ; and they ruthlessly crush every demonstration of loyal whites or loyal blacks in the assertion of the equal rights of American freemen. The school-houses of the blacks are burned, and their white teachers subjected to violence and outrage by unhanged rebels, who relieve the work of murder and arson by cheers for Andy Johnson and execrations of Congress."

Fellow-citizens, ladies and gentlemen, mothers and fathers of childi'en, friends of the living and the dead ! is it the duty of an American citizen to give counte- nance to documents like that, which are circulated in everj' steamboat and every rail-car in the country? And to what end? " Two copies of the Triht/ne for three months one dollar." (Loud lavxghter.) Why, a man who would try to keep up, in this country, the spirit of hate and vengeance, a man who would try to keep up the excitement which has kept asunder the States so long, a man who would circulate broadcast through the country such matter as that, in the face of the propositions he himself had made for the settlement of the war, and do it merely for the piirpose of carrying a State or a Congressional District, is not fit to live among patriots. (Applause. ) Perhaps Mr. Greeley may not agree with me. If he don't, I have no doubt he will take occasion to .say so. (Laugh- ter.) I recollect once trying a man for arson, who undertook to set fire to the Tribune office. There was a general impression in New York that the antago- nism between Mr. Greeley and myself was so great that the man would get off. But he did not. I administered the law as I thought it was my duty to do. In

44 JOHN T. HOFFMAN.

the midst of the riots, he had tried to bum down the office of the newspape which had done more to excite the people than any other ; but he had violated the law, and I sent him for the full term, and fined him the full fine allowed by the law. I believe that was one of the times in my life when I have been in con- cord with Horace Greeley. But on all political subjects I do not hesitate to ex- press myself thus plainly. And I am willing to meet the present Executive of this State if he pleases, and so far as my strength will allow me, to discuss these questions with him before the peoi^le of the State. (Applause.) My friends, you are weary, but I am not quite throixgh. (" Go on ; " "go on.") One would sujDpose that a Congress which demanded so much of the American peoiDle, could present something to their consideration which would entitle them to confidence. Through eight months that Congress was in session, and what has it done for the country ? Has it done anything towards restoring perfect peace through the land ? Has it done anything towards the diminution of taxes ? Has it done anything towards relieving the burdens which rest upon every man, rich and poor, throughout the country ? No. It has labored until the end of the session, not to reconcile the country, but to keep it divided upon this question, in order that the present election may be passed over, and, if possible, the next Presidential election, before the SouthexTi States are allowed the right of representation. That has been the whole aim and scope of their legislation. And they ended an eight months' session, in which nothing but this had been done, by voting $50 to $100 to certam soldiers, and $2,500 to $3,000 to every Congressman. (Laughter and cheers.) And with this money to spend, as an electioneering fund, they come back to their constituents, doing what it would have been well for the country if they had done seven months sooner. And yet we are told we- are to stand by Congress. It used to be, ' ' Stand by the Presi- dent." My theory always was, stand by the Government. Neither the Congress nor the Executive are the Government. Yet they say the man who stands by the President is a traitor, and the man who stands by Congress is a loyalist. Are there any such loyalists here ? Is there a man within the sound of my voice who thinks anything is to be gained by keeping States asunder ? If so, then the arguments of my friend who presides have fallen in vain, and the only hope I have for such, as some of these political preachers say, is through the power of prayer. (Laughter. ) The legislation of these Radicals is characterized by a spirit of intolerance. It is so in the national Congress, and so in the State Le- gislatiire. Wherever by the proposition of constitutional amendments, or by the passage of a legislative act, they can crush out opposition majorities, there they propose the amendment or pass the act. They have tried it in the city of New York, where we can roU up at any time an immense Conservative majority (cheers), and they do it upon the theory, as they say, that there are a large num- ber of people in the city of New York who are not fit to vote. ' ' Universal suf- frage for black men out of the State, and restricted sufih.-age for white men in it ! (Laughter and cheers.) Pile up your negro votes in South Carolina ; put down your Democratic Conservative vote in New York. We will do the one by consti- tutional amendment, and one by act of Legislature." (Cheers.) And so they pass a Registry Law for the State of New York, by which inspectors are ap- pointed by a partisan Board of Police Commissioners, and they send the inspectors from one district to another ; the native citizen is registered on swearing in his vote, but the adopted citizen, whether he be German, or French, or Spanish, or Irish, or whatever he may be, must jaresent his naturalization papers, and if they requh-e him, in addition to that, he must give evidence that he is the man

NOMINATION FOR GOVERNOR, AND CANVASS OF 186G. 45

named in them. Wiy, as my friend Mr. Keman of Utica said at Albany the other day, in view of such legislation, they will have a royal time in catching the votes of the adopted citizens of the Empire State. (Laughter and cheers.)

Now, my friends, I have about done. I have said nothing about past politics and past associations. Eveiy man in the State who is called upon to vote for me knows that I have belonged to the Democratic party always. If that is a reason why a conser^-ative Republican cannot give me his suffrage, he and I need not talk about it. I don't deny the fact. I affirm it, and am hapi)y to do so. But if any one can say that by a single act or declaration of mine, in the strug- gle through which this country has passed, I have failed in my devotion to the Union and Constitution, and can furnish evidence enough to be submitted to a packed grand jury, I will be prepared to answer. Until he can, I stand upon my record. (Cheers.) I have no act of my public or private life which fears investi- gation, and I fear not to go before the people of my State and advocate the jjolicy of which I am to-day the representative. (Cheers.) The conservative people of the State of New York have united now in one great effort to put down Radicalism in the State and nation. They fight the battle in the limits of their own State. They do not look to Maine or Vermont, for the result in neither of those States dictates the course of the Empire State. (Cheers.) Let the tide of Radicalism surge, fostered by Radical legislation ; New York votes for itself, and has not yet reached the jjoint where she allows the elections of Maine or Ver- mont to influence her. What may be the result in Pennsylvania I do not say, I do not care. I hope and trust and believe that it will be carried by the conser- vative men of the State, but if the great influences fostered there by Radical legislation, and the great power of office-holders there yet in the confidence of Radical men, shall still prevent that State from acting in the ranks of this great conservative movement. New York will fight the battle herself, and establish her- self a perfect bulwark against the surging tides, come they from whence they may. (Cheers.) I stand as the representative of this party to-day, chosen with- out my agency, chosen because the Convention believed I was the candidate to be presented to the people — a comiiliment and honor which I have not deserved and which I appreciate ; mentioned as I have been with the gallant Dix and the other men named in that Convention ; and I am proud to know that, foremost among my friends to-day, ready to work and labor for me in this canvass, is that man whose name I have just mentioned — John A. Dix. (Cheers. ) I trust that after this election we shall be able to devote oiirselves to something besides the discussion of this great question of national policy. I trust that measures may be taken to prevent the wasteful extravagance in the expenditure of the public money, to develop the resources of this State in every possible way under the constitution of the State, to foster canal enterijrises and railroad enterprises wherever by being fostered they may add to the material wealth of the State, and thus we shall be the more entitled to om- motto of " Excelsior." Let us de- voutly look for this end, and earnestly pray and labor for it. As I came up this morning in the train, passing through the beautiful valley in which it runs, it seemed to me as if it was one of the most beautiful mornings my eyes ever be- held. The early morning mists were rising from the valley, creeping up the mountain side, and disappearing over the mountain top ; and I could not but in- dulge a silent prayer that the mists of prejudice, hate, fanaticism, and passion which threaten to overwhelm the land, might disappear as they disappeared, and vanish in the clouds. (Applause.) And as I rode along I saw the doors of the laborers in the farm-houses standing open ; I saw the smoke from the early fire

4:6 JOHN T. HOFFMAN.

curling iip into the morning. I saw the cattle feeding, as it were, upon the thousand hills. I saw the little ones playing around the doors of the houses while the father went forth to his labor. I saw around me peace, plenty, happi- ness, greatness, and power. I said to myself. This land has passed through a struggle, but this State, with all it has suffered, does not to-day know what war is. Then I thought of the ravaged and desolated plains of the South, the ter- rible judgments visited on them for their rebellion on the Constitution of the United States — judgments which they admit they deserve — judgments which Heaven sent upon them ; I thought of States so poor that they could hardly carry on their own local governments ; with a people so poor that they could not hardly furnish the necessities of life ; with households so desolate that there was hardly one in which a father or son or brother had not been taken away. I thought of their utter submission to the Constitution of the countiy and the results of the war. I saw them standing there, jjleading with Northern men, now that the war is over, to let peace and good-will return to the country. I saw them with out- stretched arms, saying, "Men of the North, we have violated the Constitution and laws ; we have suffered the consequences ; we are vrilling to abide by the re- sults, and in the name of Heaven stretch out your hands to us ; let the spirit of fanaticism, hate, and prejudice die out, and let peace and good-will reign throughout the land again. " And as I thought of this I felt that I could go among the people of my State with renewed heart and renewed courage in this cause, confident that the conservative men, withoixt regard to past prejudices, will earnestly unite in this work of restoration and reg-eneration. (Loud cheering. )

Mr. HoiFman spoke in Rochester, September 27th, in Buffalo, September 29th, and in Brooklyn, October 5th. All these addresses were profoundly logical, terse, and vigorous in their discussion of the great issues of the day. Mr,' Hoffman grasped the situation as with a master mind, and, in his arraignment of the partisan Congress, dealt the Radicals more severe blows than they received from any other source during the campaign.

On the 10th of October Mr. Hoffman delivered a cogent and mas- terly speech before one of the largest and most enthusiastic political assemblages that ever convened in Syracuse. The following are his closing sentences, embodying points upon taxation, and the spirit of intolerance displayed by the fanatics toward our adopted citizens :

And now, my friends, enough of this dry argument. I do not stand before the people of any State to excite their iirejudices. I do not want to excite their passions. This is a time above all others for a serious consideration of the ques- tions of the day. The interests of the country demand peace. We have had war enough. It has resulted for the glory of the country, because it has put down the greatest rebellion that the world has ever known. "We thank God for all His mercies ; but now we ask for peace. And why do the interests of the country demand peace ? We have an enormous debt, for the payment of which every hour's labor and every acre of land is mortgaged ; and the debt will be paid. But the land and the labor is mortgaged. My friends, the farmers who may have had mortgages upon their land when the war commenced, and cleared it by reason of high prices during the war, must not lose sight of the fact that

NOMINATION FOR GOVERNOR, AND CANVASS OF 18G6. 47

a mortgage has in effect beau given for every acre in the country, and upon the veiy strong right aiTu of labor itself. (Applause.) Now, if a farmer mortgages liis farm for the sake of keeping it, he does wisely. But after he has covered his f ai-m all over with mortgages, and has got half improved and the other half fenced, if unimproved, occupied by a discontented tenantry, who take no interest in the enlargement or cultivation of the farm because they have been excluded from a voice in what shall be done, he might better have never boiTowed money upon mortgage. The best thing he can do is to tear down the middle fence which divides the party, and say to the men who occupy it : " Go to work and develop the farm, and we v.nll meet together in the evening and talk about the management of this land. Develop your resources, sow your seed, put yourselves in condition to pay this mortgage off ; I want to do your pleasure." Now that is just exactly the position of the people of the North. We can pay it ; if neces- sary we loili pay it : but there is no earthly reason why these men of the South who have made us incur the debt should be kept from developing the resources, so that they can do nothing toward paying the principal or the interest of the obligation. This is not a question in which only the South are interested. The great North is intere.sted too. (Cheers.) It appeals to them. There is no reason why you should pay two dollars of the debt while the man south of Mason and Dixon's line will pay but one of it. What proportion of the income tax do the Southern States pay ? It amounts to nothing. They have levied a special tax upon cotton, but who pays it ? Tou tcho buy it. What have the Southern people done toward it ? (A voice — "Nothing.") Why? Becau.se they are do\^^a. I dined the other day in New York with Governor Jenkins of Georgia. He told me that in the State of Georgia, which is the Empire State of the South, they had resources enough to contribute all their share toward the payment of this debt. " But," said he, " we cannot develop them. Everything is unsettled. We passed last winter a series of laws for the incorporation of companies to invite Northern capital down there to develop our resources." Said I, " Why didn't you send up your law here, to let the people know what you were doing ? " '• Sir," said he, "we did not have money enough in the State Treasmy to pay for more printing than was needed in the jjublic offices."

Now that thing would not continue if we had peace in the land, and if these men were permitted to go back into the Congress of the country, not for the sake of holding offices, but for the sake of feeling that they were again a part and parcel of the Government. You would find no trouble whatever in develop- ing the resoiirces of the South. You would find your taxation diminished, greenbacks nearer the value of gold, the income tax lessened, and the tax de- creased on everything you eat, drink, and wear. Mr. Lincoln said, in his plain, practical way, that it was easier for all the United States to pay the debt than for half of it. And you all know that this policy of separation compels the men of the North to pay more than their proportion of the debt. Therefore it is to their interest that this principle of exclusion should cease. Are there gentle- men here owning national securities ? Suppose the i^olicy of the Radical lead- ers is to prevail, and you had assurance of it to-day, would you buy more ■:* or would you sell what you have got, if you could get the present price ? Let us see. General Butler, who is in the paid employ of the Central Radical Com- mittee, delivermg speeches from one end of this country to the other, the other day took open ground in favor of impeaching the President of the United States, and that it would be done at the next Congress. (Hisses.) Do you know where that would lead ? I do not, and do not pretend to prophesy. But if you thought

48 JOHN T. HOFFMAN.

that at the next session a collision was to occur between the President and Congress by this threatened impeachment, do you think your bonds would go down or up in the market ? (Voices — "Down !") Mr. Butler is not the only man who talks thus. Look at Mr. Sumner's speech made the other day in Mas- sachusetts. Does he not talk about impeachment ? He does. And vipon what theory ? The madness of the President ! My friends. I do not .stand here to create any false alarm among peo^ile ; I do not think that is my policy or character. I give you nothing but the declarations of their leading men ; and I tell you the mercantile men and the capitalists of the great financial centres are becoming alarmed at this great question. And well they may be. It is getting to be a serious matter when Congress and the leading men of it talk about impeaching the President of the United States because his policy does not agree with theirs, when his policy is founded on the Constitution of the country, and theirs only on pretended amendments to it. But I give you only the facts. I want you to imagine the consequences. Suppose, not so bad as that, that these Radical men should come into absolute power at Washington after Mr. Johnson's term is served out. Suppose that such a man as Stevens should be elected President of the United States. And suppose, though perhaps that is hardly supposa- ble, that General Butler should be appointed Secretary of the Treasury— (contemptuous laughter) — or suppose some one like him to be, what would you give for your Government securities ? (Laughter.) My friends, in all serious- ness, any country on the face of the earth which has passed through four years of war, been able to maintain its credit as we have, subdued the greatest rebel- lion that ever existed utterly and thoroughly, so that there is not a vestige of it left in the South, can have no interest after that but peace. And the man, I care not who he is, who stands up before an audience of his countrymen and en- deavors to instil into their minds any other ideas than those of forgiveness and of i^eace, injures his audience, injures his State, injures his country, and injures humanity everywhere. (Loud applause.)

Can it be i^ossible that the great North, Northwest, and East are standing to-day in favor of the exclusion of States, because, as some men say, their representation under the present basis is to be a little larger than it was before ? How many would it be— ten or twelve ? "What is the best guarantee that the people of the North — and when I speak of the North I mean the whole country except the Southern States — could have ? Mr. Sumner talks about guarantees for the fu- ture. "WTiat are the best guarantees ? So far as the South is concerned, the bitter experiences of the war through which they have passed ; so far as we are concerned, our great and growing power and prosperity. Look at New York ; look at the great West ; look at the enfeebled South, prostrated and subdiaed ; and think of the great and mighty North, East, and West wanting some guar- antee from this broken-down people. (Applause.) Is there a man within the sound of my voice who can draw a paper constitution strong enough to guarantee peace that is not in the hearts of the people ? (" No ! no ! ") Why, you cannot draw a contract between two merchants that one or the other cannot break if he means to be dishonest. I know constitutions furnish guarantees. It is all well enough as long as people mean to abide by it ; but when a man means to break his contract he will break it ; and, if in civil life, takes a lawsuit or damages as the consequences. If among nations, they take their chances for the arbitra- ment of war. But the only way you can have a guarantee is to have it in the hearts of the peojole. And when a majority tries to force upon a minority some- thing that is repugnant to their hearts, it only holds so long as power makes it.

NOMINATION FOR GOVERNOR, AND CANVASS OF ISGG. 49

(Applause.) As Thomas Jefferson said, the law of the majority can only be pow- erful so long as it is reasonable ; and the moment it ceases to regard the rights of the minority, that moment it becomes oppression. And the moment it be- comes oppression, that moment it creates resistance ; and the moment it creates resistance it gives rise to combinations ; and when new combinations arise, what will grow out of it '? But there are vast changes to arise ; and, perhaps. New England sees it. Her power is a great power, and it hates to lose its hold. It controls the policy of the country. But the time will come when Central and Western inter- ests may be diverse from it ; and then the policy which they now apply may be applied to them. It is a dangerous precedent to establish. Mr. Sumner said, in his speech the other day, that the hammer and the anvil were at work, and the Central States must back out ; that New England would be at work on one side and the Western States on the other ; and we must look out. Excuse me for translating figures ; but when Mr. Sumner uses such figures, it is just as well for a matter-of-fact man like me to inter^Dret their meaning. (Laughter and ap- plause.) And that is just what it means. (Renewed laughter.) "Take care, men of New York, that you don't go between the hammer and the anvil. Take care that when the blows are struck yoiir interests are not crushed by them. Take care that the spirit of New England, whch is the ruling spirit of the coun- try to-day, and her interests, do not override your interests." Take care, I say, that henceforth you devote yourselves to the interests of peace and restoration ; and let us hope that before another election shall come around, the people of New York shall have some opportunity to give attention to the matters of State, and shall not be obliged to devote all their time to the matters of the general government. The Syracuse Convention never alluded to the State in the whole of their platform. And the New York Ecening Post, which supports the ticket now, came out three days after the Convention in an article regretting that the Convention ignored the State altogether. States are ignored in this great na- tional agitation. (A voice — " That's wrong.")

A few words and I am done. I would not come before an audience of my fellow-citizens anywhere and make an appeal to any particular class of them. I think it is beneath the dignity of a great party, no matter what its character ; and it is not worthy of a candidate of it to attempt to appeal directly to the passions and prejudices of any particular class in the community. I am told, however, that a dLstinguished speaker here last night, addressing the other side of the house, did make an appeal to a certain portion of the population of the town, in relation to the course of the Government as to the disposition of arms to Fenians ; in other words, that that gentleman attempted to inflame the passions of that part of the citizens known as the Irish race, by telling them that the Government sold them arms knowing that they were to invade Canada with them, and then took away those arms and arrested the possessors. With all deference to the distinguished gentleman who made the remark, I say it is not true. (Loud applause. ) Those arms were sold, as other arms are sold, by the authorized agent of the Government, to whomsoever chose to purchase them. And the men arrested for that raid have been discharged by the courts. The policy of the Government is to give them back their arms, and they will get them. (Cheers.) I beg their i)ardon, if there are any Irishmen in this room, for even alluding to the subject. I should not have referred to it had I not understood that the speaker last night made that misrepresentation. This I hold to be the policj' of holding one meeting after another, that a man who makes a misstatement maj' be corrected by somebody that comes after him.

50 JOHN T. HOFFMAN.

(Laughter and cheers). Fellow-citizens, I am opposed to intolerance everywhere, and I think the spirit of intolerance which now prevails through this State and couutiy ought to be done away. A little incident occurred in my presence in the cars on the way here to-day. Men professing the religion which we all adore, were irritated and excited because the President of the United States had yester- day a proclamation issued calling upon the people to render thanks to God for all His mercies, on the 29th day of November. One asked what business he had to fix a day for thanksgiving. That is an illustration of the spirit of intolerance which should be put down. I care not where it is to be found, whether in the halls of Congress or the State Legislature. It behooves you, ladies and gentlemen, in every department and station of life, to try and calm the passions of men. There is no hope except in the direction of peace. There its interests lie. If there is much to forgive, so much the better for those who extend forgiveness. And let men, from day to day, in the churches and the houses throughout the land, offer up the prayer which we have learned from infancy, to forgive as they hope to be forgiven. Let them remember aU those sacred words, and that the rule is to be applied not only by individual to individvial, but by class to class, by section to section, by State to State, and by a great government to the whole people — (cheers) — and that it remams now to be seen whether, this war being over, the American people can be as magnanimous and just in time of peace as they have been brave, self-sacrificing, and enduring in time of war. (Great applaiase. ) In the firm belief that the action of the people of this city in the coming election will vindicate this doctrine, I leave you now. I thank you, my friends, for the attention you have given me, and I trust there is no one within the limits of this town who will be offended at anything I have had to say, and that I shall leave it with at least as many friends as I had when I came here. (A voice — " You will, and more too.") Whether I door not, I shall know by the returns which we get from this town after the election on the 6th of November. (Laughter, and enthusiastic applause.)

On the 23d of October, Mr. Hoffman addressed the citizens of Bingharaton, in a speech marked by its dignity of tone, logical conchisions, and calm yet effective oratory. He continued his searching arraignment of Congress for adopting a policy of proscrip- tion, and initiating a reign of hate and' discord throughout the Union, and reiterated, in firm but respectful language, his belief that the policy of the Radical leaders, in and out of Congress, was calculated to engender and continue the bitterest strifes and animosities among the people of both sections.

SYMPATHY WITH IRELAND.

Pausing amid the labors of the heated political canvass, Mr. Hoffman, on the 26th of October, 1866, addressed a letter to Presi- dent Johnson, upon the subject of the arrest and confinement of Fenians in Canada. The Board of Aldermen of New York had adopted a series of resolutions calling upon the President to inter- fere in the case of Robert Lynch, who had been arrested during the recent Fenian movement, convicted, and sentenced to death. Mayor

NOMINATION FOE GOVERNOR, AND CANVASS OF 18GG. 51

Hoffman emphasized the work of the Board in the following letter to the President : —

Mayor's Office, New Yokk, Oct. 2G, 1866.

To His Excellency the President of the United States.

Sir : I have the honor to enclose herewith a copy of a preamble and accom- panying resolutions this day adopted by the Common Council of this city, and approved by me, asking the interference of the Government of the United States to secure the pardon and release of Robert Bloss Lynch and other Fenian pris- oners now confined in Canadian prisons. I have no doubt but the preamble and resolutions express the earnest convictions and udshes of the great major- ity of the people of this city, and it seems so clear to me that the pardon and release of these prisoners is alike demanded by humanity and great interna- tional interests, that I feel bound respectfully, but most urgently, to ask you to bring to bear all the influence of your administration to secure that end. I cannot doubt but such a course wiU bring about results most beneficial in their character and consequences.

(Signed) John T. Hoffman, Mayor.

On the evening of October 30, Mr. IIoiFinan attended and ad- dressed a meeting of 100,000 persons in the Cooper Institute. It was one of the largest and most enthusiastic assemblages of the campaign, made up as it was of the intelligence, the intellect, and good sense of New York's immense population. "VYe take from this speech of Mr. Hoffman the following extract, alluding to Republican assaults made despite the public endorsement of him by leaders of the party when he ran for the second term as Recorder ; and also embodying his views upon the commissions which were foisted upon the metropolis by the Radical Legislature :

A few moise words upon the subject. Certain papers — partisan and venal, I wUl not teU which is which — in this canvass, although I opened it by declaring that I would not indulge in personalities, but would discuss measures and not men — certain pajjers have charged upon me various things to which I will not now particularly call your attention. But I ask you, I ask them, if they have ever yet been able to point to a single act of my official life which the people of New York would desire to rebuke ? (Criesof "No," "No.") K they cannot, or if they will not, then I come to the plain question I have to a.sk, as following upon these preliminary remarks. If there is nothing in my official life, as Recorder or as Mayor of the City of New York, which these men can put their fingers upon as deseiTing of censure, then I ask the people of New York, without regard to party — the men who have vi.sited me in my office, and in my house ; who have met me in the street, and applauded what they called my firmness in the discharge of my official duties — if they will not now rise above party considerations and party purposes and declaTe their unqualified condemnation of the assaults made upon him who now addresses you. (Applause.) If there has been a scheme which has ori- ginated in the city of New York, which has been at war with the best uiterests

4

52 JOHN T. HOFFMAK

of the people, and it has not met my opposition, let them point it out. But I call upon the merchants and owners of real estate, upon the mass of the tax- payers in this city, who have given me credit for what I have done, now in this campaign, Avhen votes are to be cast for a G-ovemor of the State of New York, to say whether they were earnest in their approval, or whether they now prefer party to i>iinciple, and are ready to censure a man whom hitherto they have ap- proved.

It has been said in my hearing, and by some of my first friends, personally, in the city of New York, that I have been opposed to many things which have originated in the Legislature of the State, and which they thought calculated to promote the interests of the great city in which they Uve. It has been said that I have been opposed to the commissions which exist here. I have one word to say upon that subject, and I know it will meet with your approval. Am I opposed to the Central Park Commission ? No ! It is a commission of men who are not partisans. It is a commission made up of men without respect to party ; who serve the city for the sake of the city, and receive no fee or reward for the services which they render. (Applause.) And as an individual, and as an offi- cial, they have always had my earnest, cordial, and hearty support. Am I opposed to that honorable commission which has charge of the charities of the city of New York ? No. It is a commission which discharges its duties withoixt partisan consideration or feeling. The administration of the great charities of this city was for the purpose of accomplishing the greatest good for the greatest number. A Eepublican Comptroller appointed four Commissioners of Charities, two of whom were Democrats and two were Republicans. A Democratic Comp- troller followed his example, and apijointed a Commission, two of whom were Democrats and two were Republicans. No man opposes such a commission as that. Am I opposed to it ? No. Am I opposed to the Police Commission ? I will tell you what I am oj^posed to. When my friend upon the right here. Gov- ernor Seymour — (great applause) — filled that Commission, he named two Repub- licans and two Democrats, upon the plighted faith of all men about him in pub- lic office, that they should so be continued until the end of time. When the present Governor of the State came to make his appointments, and the term of a Democratic member of that Commission expired, he appointed a partisan to fill the office, and the Police Commission became a partisan commission from that day. I honor the brave men who make up the force. They know, as I know, that for five years, in the office of Recorder, I stood by them at all hazards and under all circumstances. I believe the Governor of the State of New York has violated the faith which had been plighted when he changed a non-partisan com- mission into a partisan commission. (Applause.) Am I opposed to the Board of Health '? I will not disguise it ; I will admit that it has done great good in this city. But I tell you what I am opposed to, and what I was opposed to when the Board was created. I was opposed to any legislation creating any commis- sion vsdth great powers like that, and saying that the Mayor of the greatest city upon the American continent should not be a member of it. I am opposed to any legislation undertaldng to say that in the great city of New York the chosen head of it — chosen by the popular vote — shall not be connected with any other commissions that are engaged in managing the great interests of the metropolis. (Applause.) And I tell you, when men prate about commis- sions, and their great intentions to do good, search it to the bottom and you will find it is a desire to seize political power for party jDurposes, under the pre- tjnce of advancing the interests of the people of New York. (Applause.) Am

NOMINATION FOR GOVERNOR, AND CANVASS OF 18GG. 53

I opjjosed to a paid Fire Department ? I will tcU you what I am opposed to. All honor to the Fire Department, whether it be volunteer or paid. But I am opposed to a paid fire department the heads of which are made up of political partisans — (aijplause) — who hold their caucuses in engine-rooms while buUdinga are burning, and while hard-working firemen are tiying to extinguish them. (Applause. ) And I appeal to the insurance men of the City of New York ; to the undenvriters ; to the men whose property has been destroyed, whether that is the kind of fire depai-tment they want to continue in the city in which they live. (Voices — "No, no.") We know that the men who make it up are brave and gallant men ; we know that everywhere out of the City of New York a paid fire department has been a success ; but we know that in the City of New Y'ork, made up and controlled as it is of partisans, it has proved a failure, as the records of the insurance companies and property owners show. (Applause.) So much for these Commissioners. I am in favor of anythmg which will advance the inter- ests of this great city. But I tell you the time has got to come, whether I occupy the chair which I now fiU, or that other position in Albany, when the peoj^le of the City of New York will make up their minds that they must govern them- selves. (Vehement applause. ) "When they will employ their energies and capa- cities in the selection of the best men for the public offices, and when they will rule themselves as the Constitution says they may, because it gives to the people of every county and every city the right to regulate their own affairs. (Applause. ) The time has got to come when the Legislature, having given to the City of New York the worst charter that could be devised, shall cease this business of trying to patch up the evils in it by creating a lot of independent commissions, in which the Mayor, the executive officer of the city, can take no part ; so that when my adversaries say to the people of New York I am opposed to commis- sions, I trust they understand now just what I am opposed to. I am in favor of the best government that can be devised ; and the first thing I want is a charter for the city the best they can have ; and the next thing I want is, that the peo- ple shall in fact govern the city as it ought to be governed,

THE ELECTION".

Thus, after a spirited and exciting canvass of about two niontlis, during which Mr. Hoifman spoke with great effect throughout the State, the campaign was brought to a close. In all of his speeches Mr. Iloflman expressed a wish to meet his competitor, Fenton, and discuss with him the issues of the canvass; but theliepublicau candi- date studiously ignored the request, and not until a few days before the election was his voice heard, and then in a puny speech devoid of substantial, consistent argument, and characterized by no discursive power of logic or eloquence.

The election of November 6, 1866, as we all know, resulted in the suc- cess of the Republican ticket by the insignificant majority of 13,789. It seems to be at this late day almost a work of supererogation to inquire into the causes of Mr. Hoflman's defeat. The small majority obtain- ed by the Republicans shows that if a little more energy had been ex- pended on the canvass by the Democracy of the interior, the result would have been different. Kew York city did her full duty, as she

54: JOHN T. HOFFMAN".

always does when the principles of constitutional government are at stake. The result of the campaign of 1866 should prove a warn- ing to the Democracy of the State to conserve their strength and render their majorities so emphatic that neither local animosi- ties in their own ranks nor frauds in the columns of the enemy can ever again be given as excuses for our defeat in a State election. For later revelations make it certain that John T. Hoffman was defrauded of his just returns by Republicans of the interior. But notwithstanding these frauds the result exhibited a magnifi- cent triumph for our cause. General Slocum polled in 1865, 273,- 526 votes, and in 1866 John T. Hoffman polled 352,526 votes, showing an absolute gain in one year, under Hofi'man's lead, of 79,328 votes; and the majority of the Rej^ublicans was reduced from 30,000 to 13,000, in round numbers.

CHAPTER VI.

EVENTS OF THE TEAR 1867.

On the 1st of January Mayor Hoffman, as is customary, delivered his annual message to the Common Council. The document was brief, but forcible and able. The greater portion of it was devoted to a statement of the financial affairs of the city. The Mayor firmly reiterated his views upon the character of the municipal government. The various commissions which had from time to time been instituted by the Legislature had taken away nearly all the executive business of the Mayor, leaving him but little else than an empty title. He took a decided stand against the policy of parcelling the city govern- ment out in lots, and placing each under the control of a legislative commission. He believed that the peo25le are the only proper j udges of the way in which the offices of the city ought to be administered, and he regarded the old system as the safest and best.

SYMPATHY WITH THE EENIANS.

On the evening of March 13th, the Fenians of New York held an immense mass meeting in Union Square. Mayor Hoffman sent the following able and earnest letter ; —

EVENTS OF THE YEAR 18G7. 65

Mayor's Office, New York, Feb. 3, 18G8.

Gentlemen : I have this day received yovir letter of January 31st, iiiviting me to attend a meetings of the citizens of Albany, on the oth instant, which has been called to protest against the illegal and unjust course of the British Govern- ment in its treatment of American citizens, as wcU as to declare their firm adherence to "those laws of our country which declare that the naturalized citi- zen is entitled to aU the protection which the Government can afford to the native-bom."

I regret exceedingly that in consequence of the pressing nature of my engage- ments here, and the short notice I have received of the meeting, it wiU be im- possible for me to attend.

The subject is one in which I have long taken a deep interest, and upon which I have on more than one occasion expressed my views very decidedly.

The qviestion, "What shall the United States Government insist upon and maintain at all hazard;?, in reference to the rights of our naturalized citizens abroad ? " has become to-day an all-important one, and cannot and must not be evaded or avoided. There can and must be but one answer to it, and that is, that American citizens, whether by birth or by adoption, are all free before the world — equal everywhere-^owe no duty or allegiance to any government but our own, and must be guarded and protected by it.

Our adopted citizens may be counted by millions. They hold the evidence of their citizenship under the great seal of the United States of America. It is to them the nation's guarantee of protection, at home and abroad. They have on their part abjured all allegiance to foreign powers, and have taken an oath to support the Constitution of the United States. We have in return adopted them into oiir national family. We have conf en-ed upon them the title of citizen, and have entered upon obligations to gviarantee and defend that title against the world.

I cannot state my views upon this point more briefly and pointedly than by quoting from a communication which I had the honor to make to the Common CouncU of tliis city, on the 12th day of December, 1867, in which I said as fol- lows : —

' ' The citizen adopted by us becomes bound up in our Govei-nment. In time of peace he performs aU the duties which good government, law, and order re- quire. In time of war he is, equally with all other citizens, called upon to fight for our flag, and to maintain our cause with his life if need be. Wo receive and enforce the duties which arise from this relation. We have simply to say, and to live up to our declarations, that we will perform our obligations, and protect our citizens against any and every power whatsoever ; to declare that citizens of the United States are free and independent. Self-preservation, as well as our dignity, our duty, and our honor requu'e that this shall be firmly and un- changeably asserted by our Government. Suppose in the late war to maintain our national existence, in which our adopted citizens fought \vith such devotion and valor. Great Britain had openly taken sides against us, and had sent its soldiers to fight under the British flag, on the side of revolt, for our national destruction ; the principle contended for by England would have made eveiy adopted citizen, bom in any part of England's dominions, fighting on the side of the Union, a traitor, liable to be ignominiously executed."

Can any stronger illusti'ation be needed to show how clearly national safety, as well as national honor, is involved in this question V We know not what the futiu-e may demand of us, so far as foreign governments are concerned,

56 JOHX T. HOFFMAN.

but it is not difRciilt to see how this question enters into our very existence as an independent nation. The recent ag-gressions of Great Britain ag-ainst adopted citizens not guilty of any overt acts Avithin her ten-itory, -^-isiting that country, had revived this question in the most striking form, and it must be finally decided. The great duty of a State is, to its citizens, to maintain their rights and to pro- tect their persons.

I am glad to see that the i>eople everywhere are giving expression to their views upon this subject, which affects so deeply adopted citizens of every nation- ality, and which belongs to the whole countiy. In my judgment the govern- ments of Europe will make but feeble resistance by argument (and none at all by force) against our claims, if we make them and press them with a firmness and a dignity worthy of a great nation. Let the people see to it that their repre- sentatives do their duty.

Again expressing my regi'et that I cannot personally be "^vith you, I am very respectfully yours,

JOITN T. HOFFMAJf.

At the grand banquet given the following evening to John Francis Maguire upon his departure for England, Mayor Ploffman was pres- ent and made a speech, expressing his sympathy with the people of Ireland in their struggle to obtain the liberty which they had the right to exercise.

Also at the sixth anniversary banquet of the Knights of St. Patrick, on the evening of March l7th, Mr. Hoffman, in response to a toast, reiterated his well-known friendly sentiments to Ireland and the Irish people.

THE POLICE DESPOTISM.

On the 9th of May Mayor Hoffman was waited on by a delegation of German citizens, who presented a petition stating that the powers conferred on the Excise Commissioners have been greatly abused, and that the Board had adopted rules and regulations which w^ere unjus- tifiable and humiliating to those who had to submit to them. They asked the municipal authorities to aid them in all legal measures they may adopt to bring about a reform of those abuses. The Mayor's response was as follows : —

My Fellow-Citizens : I am glad to see you. I am glad at all times to have any of my constituents call upon me for advice and counsel. I have listened to the statement of your complaints. I regret to say that I have no power to relieve you. The same radical and intolerant spirit in the State Legislature which has forced upon the people of this portion of the State a law which, with all its good provisions, contains many that are odious and oppressive, has deprived the Mayor of this city of the privileg-es and powers which of right belong to him as the chosen chief magistrate of the peoi:)le. The same intolerant spirit in legislation which has conferred extraordinary power upon the Police Department, making the Police Commissioners virtually executive, legislative, and judicial officers, has made that dejaartment indeijendent of the Mayor and aU municipal

EVENTS OF THE YEAR 1SG7. 57

aTitliorities. The whole spirit of the Constitution of the State has been violated, and the right of the people of New York and Brooklyn to regulate their own local affairs has been taken away from them. Both cities have been placed under Commissions appointed by State authorities, and the Excise Law has been made, not for the State at large, but for a part of the Metropolitan Police District. Under that law, what is lawful in other parts of the State, even in Westchester, a part of the Metropolitan District, is criminal here. In regard to this law, which is here enforced with so much rigor and harshness, I have already expressed my opinion in a letter written some time ago. I need not repeat it. "We are all of us good citizens, in favor of a judicious excise law, to be firmly administered ; but we are opposed to intolerance and bigotry, in whatever form it may appear. I do not hesitate to say that, in my opinion, the Excise Commissioners are enforc- ing the existing law with undue harshness. They are unreasonable and unjust in their exactions. When remonstrated -ndth by those who have no interest except to preserve popular rights and civil order, their answer is that no one directly affected by the law makes any objection. They seem by their conduct to be laboring to create excitement and provoke resistance. They malce the perfect and complete submission of the people the iiretext for new exactions. I am very sorry for it. I have remonstrated with one of them whom I believed to be most influential, but to no purpose. But you ask me what you shall do. I will give you the best advice I can. In the first place, you must continue to obey the law as it is, until j'ou can modify it. Obedience to law is the first duty of the citizen. Some foolish men talk of resistance, but no sincere friend of the people Avill countenance that. The papers of this morning announce, by authority, it is said, of the Police Commissioners, that violence is threatened, and a riot contemplated. I hope it is not true. I believe it is not true. I most solemnly warn all people against the use of force. My views of riots and rioters are well known, and, to the extent of my power, I should deal with them in the future precisely as I have in the past. Your opponents would IDce nothing better than to be able to provoke you to violence. It would be gtciu to them, but ruin to you and your cause. It would change at once the current of public sympathies. Those sympathies are vrith you now, and are strengthening every day ; disturb the peace, and you turn them against you at once. The friends of to-day •would be enemies to-morrow. Thousands of good citizens who sustain you now Avould oppose you then. At aU hazards, therefore, preserve most sacredly the peace, and frown dowTi the first attempt to break it. Your obedience to law has won for you hosts of friends. Be piatifiit. But you can with prudence and with safety agitate. Hold your piiblic meetings ; let j'our S25eakers be well selected, and yoiu- resolutions be well considered. Keep clear of demagogues, who wiU strive to use your movement for their own advancement. Look at the immense demonstrations which arc bemg held in England, and see how rapidly they are changing the course of public events. As John Bright said at Binning- ham, " Neither Lords nor Commons can resist the peaceful expression of public opinion." You can do as the people are doing there. You can, in perfect peace and order, make a series of demonstrations which wUl astonish the people of the State. I think we have not yet reached the point when the right of the people to assemble peaceably to discuss public questions will be denied. Let me give you another piece of advice. Let your demonstrations be on a week-day instead of Sunday, as has been contemplated. Thousands of your friends, those who con- demn alike the odious features of the Excise Law and the mtolerant spirit of the Commissioners, love the quiet of a Sunday, and while they concede to all men

58 JOHN T. HOFFMAN.

the right to spend the day according to the dictates of their own consciences, they would regret to see it disturbed by the noise and confusion of a public demonstration. WTiat you want is to carry with you always the moral sentiment of the community. You can have it and keep it, and will be sustained by all except by those who have no idea of the liberty of others, in conscience or in conduct, beyond the liberty to think and act according to theii' own peculiar notions. I have spoken to you plainly and frankly. You know me, and know that I will not give you any advice which is not for your own good, and will not speak pleasant words to secure momentary applause. Do as I have told you and you will di-ive even the Excise and Police Commissioners to a course of modera- tion and fairness. If, on the other hand, you or others follow the counsels of excited or indiscreet men, you will lose everything. Be prudent and patient, and you will soon secure reasonable modification of the law, and place the power of executing it in the hands of men who can be just and firm, without being tyramiical and oppressive. The time is fast approaching when the people of New York and Brooklyn will have their rights. There is no power in the city or State which can withstand the popular will, expressed as it will be expressed. All men who think at all acknowledge that local government is better than Albany government. The experience of the past winter has taught our people that a corrupt Legislature can increase our taxes and our burdens, but can fur- nish no remedy for municipal or local evils. This is not a subject in which the people of New York city alone are interested. It concerns the people of the whole State. It involves the right of counties and cities and towns to regulate their own local afPairs. You must organize -with reference to it, and for the present make your political combinations, and regulate your political conduct, so as to secure always the election of men ojiposed to consolidation of power in. commissions appointed at Albany. The turning-point has been reached. The next election will show the people here to be almost a unit in favor of local self- g-oveniment, and against legislative oppression. They wUl insist that whatever excise law shall be in force shall apply to the whole State, and not to one section of it. They wiU rebuke that intolerant spirit which makes a rigorous excise law for New York and Brooklyn, and exempts the residue of the State almost entirely from its operation ; and they will condemn that legislation which forces upon us commissions and commissioners against our will, and deprives vis of the right conceded to others, of regulating our local affairs, and choosing our own local officers. I have said all that is necessary. Let your next movement be a gi-eat demonstration of fifty thousand citizens, assembled in perfect order, on some fine afternoon, speaking by its magnitude, its dignity, and its resolution, your determination to have your rights in the manner pointed out by law.

AX ELOQUENT SPEECH.

In May the great Fair in aiil of the Catholic Protectorate, which" i.s designed to rescue the Roman Cathohc orphans and truants of the metropohs from a career of ])Overty and crime, was held at their structure on Union Square. Mayor Hoffman attended on the even- ing of the 20th, and delivered the following able and eloquent ad- dress :

Ladies and Gentlemen : Vv'hen my very excellent and much esteemed

EVENTS OF THE YEAR 18G7. 59

friends, Dr. Ives and Father Quinn, called upon me with a request that I would open this fair with a few remarks, I hesitated ; not because I was unwilling to render service to a cause which commended itself to my judgment and my sym- pathy, but because I feared I could do but little to secure for it a success which I knew it deserved and desired it should meet. When, however, they told me that the ladies requested it, I felt that further hesitation would be unpardon- able, because, although I am enough of a heretic to deny sometimes the author- ity of " the Fathers," I am too much of a gentleman to refuse to bow sub- missively to the will of the ladies, which, in all frankness, it is now fair to say, is on such occasions with me " Lex Suprema." The privilege and power of mingling with the people, of addressing them in their public assemblages, of uniting with them in works of charity, of encouraging them in every good deed, of cheering them in every noble-hearted effort to relieve the poor and suffering of every condition, faith, and nationality, still belongs to the Mayor of the city of New York. No legislative enactment has yet forbidden the enjoyment of the privilege, or the exercise of the power ; and no commission has yet been created to monopolize the one or exhaust the other. I take this early oppor- tunity to acknowledge the obligations I feel that so much rightful authority still remains, and I am confident that yon, in the true siiirit of charity, in this place dedicated to charity, will, in all charity, join with me in this acknowledg- ment. Do not think, my friends, that I am going to make to you a speech of uncharitable length. I have no such intention. This is the place for actual deed, not for talk ; for spending money, and not for spending breath ; for good deeds, and not fair speech ; for actual acts, and not actual profes- sions ; for checks on banks, and not on patience ; for extracts from the purse, and not from the poets; for lavishness in expenditure, and not in thought ; for open hearts and hands, and not for honeyed words. And even if I desired to make an oration, how poor it would be ! The cause in which you are engaged, the noble charity in which yovi are employed, the destitute chUdren for whose welfare you labor, are all eloquent, and speak in a voice and with an emphasis and a beauty beside which any words of mine would be cold and formal. What ie there more noble, more powerful, than the spirit of true charity ?. ■V\Tiat voices can speak so musically, so pathetically, so eloquently as the voices of children pleading for aid ? What ear so deaf that it cannot hear when destitute and suffering little ones call for help ? What heart so cold that it cannot be warmed when good men and good women plead for those whom God in His Providence has deprived of a father's care and a mother's love ?

There are thousands of these objects of chaiity everywhere ; in the crowded tenements, in the houses of refuge, and the prisons ; in the hospitals and in the streets ; you meet them in the highways ; you push against them at the cross- ings ; you find them crouching at your door-step ; to the right, to the left ; be- fore you, behind you, beneath your feet — everywhere ; poor, naked, hungiy, desti- tute, deserted, fatherless, motherless children stretching forth their hands and sending forth their cries to you, men and women, whom God has blessed with the choicest blessings, and supplied with wealth to be distributed among the poor and needy. It is your mission to provide for them. For them this building has been erected, and we are here to help to make it what it desei-ves to be and will be — a success. Many of these suffering children have been left waifs upon the great shores of society by the soldiers who fought the battles of the Union, and in whose behalf, a few years ago, the great Sanitary Fair was held, ujion the veiy spot on which this building has been erected. The erection of the building

60 JOHN T. HOFFMAN.

on this street for that charity was the precedent for the erection of this. The people of this city will remember that noble work. Men and women of all sta- tions, and nationalities, and creeds, vied with each other in making it the great event of the day. There was none so rich as to keep aloof from it ; none so poor as to refuse to contribute to its prosperity. It became a national affair because it was held in the interests of the defenders of the nation ; and statesmen and people, rich men and poor men, clergy and laity, soldiers and sailors, men, women, and children, joined hands and hearts, and made it great and glorious ; and it was great and glorious, as this will be^ held, as it is, in the interest of their destitute children, the fathers of many of whom. Catholics as well as Protes- tants, languished in prisons, or lingered and perished in hospitals, or died upon the battle-field. My friends ! it is well you and all the people should under- stand the real character and object of this great charity in the interests of which this Fair is held. It is in aid of the " Society for the Protection of Destitute Roman Catholic Children." I am a Protestant, and devoted to my faith, and yet, recognizing one God and one Saviour of us all, I stand here to advocate this cha,rity. It deserves the aid and encouragement and protection of all good men. This Society was incorporated by act of the Legislature of the State of New York, in April, 18G3. Its beginning was feeble in money, but not in friends or prayers. Its Board of Directors consisted of twenty-six gentlemen, the Mayor, Comptroller, and Recorder of the city of New York being ex-oificio members. On the 1st of May, 1863, thirteen days after its incoriDoration, its organization was completed. Its growth has been slow and gradual, but steady and constant. It has received, educated, and clothed more than two thousand children, the greater number having been committed to its care by the magistrates of the city and the Commissioners of Charities and Correction. In order that it may not be subjected to the charge or suspicion of attempting to proselyte Protestant children, care is taken that none but Roman Catholic children are sent to it, un- less by the consent and wish of their parents or guardians. If by chance others are sent, they are inynediately discharged upon the application of either parents or guardians. By private subscriptions from all classes it has received contribu- tions of nearly $250,000, and the patronage of the city and State has been freely extended to it. The State Legislature, always largely Protestant in its organi- zation, has made to it most liberal apijropriations ; and now, by law, the per ca- jtifa allowance to its inmates is the same as that made to other institutions or- ganized for the care and protection of destitute children. One great and commend- able feature about this institution is, that it takes these poor children out of the city and removes them to the country. It owns a farm in Westchester coun- ty. Large buildings have been erected upon it for the male children, and the noble band of Christian Brothers who have it in charge, out in the fresh, pure air of old Westchester, train these boys not only in the faith of their parents, but in the honest and earnest labor which belongs to the soil. In the language of the last annual report of the society, " Too much importance can hardly be ascribed to this feature in our system."

" Not only in this way are the children made to feel that they are contributing directly to their own support, so essential to their independence of spirit, but also, that they are thus acquiring tastes which cannot fail both to elevate their minds and strengthen their manly feelings, while they tend to wean them from those effeminate pleasures and corrvipting associations so injurious to their child- hood in the city, and at the same time to beget and foster in them an abiding attachment for their new country life. Evidences of this result are multiplying

EVENTS OF THE YEAR 18G7. Gl

daily, and showing the wisdom of removing the institution from the pestiferous atmosj)here of a city to the pure and invigorating atmosphere of a rural district. " On the 1st of Janua,ry, 18G6, there were 572 boys and girls in the institu- tion, and nearly 500 more were admitted during the year ; the average mem- ber of inmates being about 000. I have said enough to show the general cha- racter and capacity of the institution. Its character cannot be improved, but its capacity and resources can bo and must be increased. There are several ex- cellent institutions in and about the city for destitute children. All honor, I s.ay, to the men and women of whatever creed who give their hands and their hearts to the work of carrying them on. But there is great need of more asylums, with enlarged capacities and increased facilities. The demands upon them are increasing more rapidly than their ability to meet them. The city is full of children, who will become vagabonds and criminals if not cared for. Take such children out of the streets and the haunts of vice, and place them in i^rotecto- rates and asylums, and then transfer them to the workshop and the farm, and you save them from the workhotise and the prison. The real effective reforms begin with this growing generation, and genuine and wise philanthropy turns its attention eagerly to the children who are deserted and desolate. Thus briefly have I spoken of the character and objects of the charity v/hich has called you together. One single word to those who object to the use of a portion of the public streets for the building for the fair. I agree with them, that the streets should not be obstructed by buildings of any kind. But I have alluded to the precedent established during the war, when the Sanitary Fair was held here — and it is impossible to deny to one great charity what has been granted to an- other. If all precedents established in the past few years do as little e^il as this, we shall have occasion for gratitude. Much as I object to all obstructions in the liublic streets, it is better, far better, to have a temporary one lilvC this than to have all our streets thronged with destitute children — with no roof to cover them, n6 hand to lead them, no protectorate to .shelter them, no home to receive them, and no hoi^e to cheer and comfort them. Better, far better to have this structure here for a few weeks, if it shall be the instrument of causing the erection of a great permanent edifice in Westchester, which shall be an asylum for houseless children for all time to come. Let all charitable people, therefore, in true charity and without bitterness, help along a good cause, and sustain the men and women who have inaugurated the movement. I know not in whose heart and head the thought of this fair originated, but it "was a hajjpy thoiight, and often great labor will result in gi'eat success. I have often stood upon a mighty .ship ; looked at it from stem to stem ; studied its machinery, rising, it would seem, from its very keel away above its main decks ; its timbers, bound and fastened with bolts and screws and braces ; its towering masts, its humming shroiids, its flowing canvas, its wheel, its radder, and its compa.ss, and have thought of the vast labor and care and study expended on it, from the time the first plane was laid upon its keel until it floated on the broad ocean, freighted with human life and human hope. I stand here to-night and think of the time when the first good man thought of this "Protectorate," and began, under God, the work of forming it, and how it has grown, in all its fair proportions, into a noble structure, freighted with young life and young hopes — and I look around this fair, full as it is of Christian women and their handiwork, and think how it has grown from the sm.all beginning of one little thought into the gi-eat and long (so to speak) triumjih of many hands ! I say of it as I say of all good works, God be praised, and God prosper it ; and the mystery of its success, like

62 JOHN T. IIOFFMAX.

that of all other things, becomes pleasure to me only when I recollect that *' when God plants the acorn he plants with it the law of its own development." But I am violating the pledge made at the beginning of my speech, and am detaining you too long. I know you are anxious to spend your money, and the ladies at the tables, who, like all other ladies, never talk themselves, wonder why I talk so long. I beg their pardon and youi's. I beg you to go among them. You wUl find abundant use for your money. I am told there are many rare curiosities here, some of which will be exhibited only for a liberal fee. I will name a few at random, and ask you to look for them at every table until you find them. I will not pause to separate them into classes, for they are not classi- fied. You wUl find them very much mixed. Portions of a reconstructed Union ; partial views of impartial suffrage ; frag-ments of seceded States ; specimens of legislative virtue of the olden time — on exhibition, but not for sale ; and speci- naens of legislative virtue of modern times— for sale as well as on exhibition (the price of which can be learned in the lobby) ; a section of a street cleaned accord- ing to contract ; a few of the herculean efforts of the contractor to keep the city clean ; a piece of Ann street as it is before it is widened, and a perspective view of it as it will be after it is widened ; an article from the New York Herald lauding Mayor Hoffman ; bottles full of the spirit of the press ; and a newspa- per, very rare indeed, which does not contain an account of a murder or an at- tack upon somebody's reputation ; relics of the mayoralty power in the olden times, and a full-size portrait of the corporation when it was fed on turtle soup ; chimes from the old bell-tower in the city hall, and another tower which has super- seded it ; an old man who was alive when the court-house was commenced, and who expects to see it finished ; some money saved by the economy of legislative commissions out of the annual increase of their salaries ; a few extraordinary powers which they have voluntarily relinquished ; a piece of a building saved from fire under the new Fire Department, and a sample of the spirit of the old Volunteers ; specie once in circulation in the country ; a redeemed greenback ; and the skeleton of a govenmient contractor, who died poor during the war ; ice from an iceberg ; light from Luxembourg ; and an animal neglected by my friend Henry Bergh, than whom no nobler-hearted gentleman lives in town. These, and thousands of other curious things too numerous to mention, you will per- haps find if you come here often, and visit all the tables and stop as long at each as it is your duty to do. Take my advice and circulate freely, not only your- selves, but your money. It will be the " medium" of many happy exchanges, not only of property, but of thoughts and i3leasant memories hereafter. But better, far better than all the curiosities I have mentioned, and all the poor jokes I have perpetrated — better, far better than anything I can say — is the grand collection here of articles for sale, substantial, useful, and ornamental. Liberal givers have contributed them. Let liberal ijurchasers freely take them. You will get for your money all its worth, and the article you buy, and the re- collection of having spent it in a good cause, will be the best dividend you could ask on your investment — a dividend payable not quarterly, or yearly, but daily, as you think of the destitution and suffering you have helped to relieve. Memo- ries of good deeds are exceeding i^leasant, and the minds of little children are as fresh and beautiful as the dewdrops in the morning. Let your united efforts rear a new bl^ilding for the Protectorate. Every stone in it will be a monument of your good deeds. Recollect that the greater the capacity of institutions such as the one you seek to aid, the greater the benefit to the community in which you live. Asylums for children are better than prisons and i^oor-houses.

THE FALL CAMPAIGN OF 1867. 63

Every boy and girl taken from our streets and dens of misery, and sent to a home such as you are preparing, is one new recruit in the great industrial army, which is working and will work out the destinies of this great Republic. Two thousand abandoned children are so many asjiects of evil, working mischief in ten thousand ways. The same children, cared for and protected, will in the great future exert an influence for good which cannot be estimated. I com- mend, therefore, the good work to your judgments and sympathies, with the fervent wish that prosperity may attend it and all who labor for it, and ^vith the earnest hope that the few plain and simple words I have spoken may not have been uttered altogether in vain.

CHAPTER VIT.

THE FALL CAMPAIGN" OF 1867.

The Democratic State Convention met in Albany, October 3, 1867, and nominated a full State ticket, with Hon, Homer A. Nelson for Sec- retary of State at its head. Mr, Hofiman officiated as the temporary President of the Convention, and his speech upon accepting the honor was as follows :

Gentlejiex op the Convention : I thank you for the distinguished honor you have conferred iipon me. "VMien I last stood in this hall it was to accept from the representatives of the ijeople assembled here their nomination to the chief executive oflBce of the State. (Cheers. ) This greeting you have given me to-day assures me that you do not attribute it to my fault that the battle you so nobly fought was not won. (Applause. ) I may be pardoned, I am sure, if I avail myself of this, my first opportunity, to thank you and the people of the State for the generous sujiport they gave to the ticket then, and to assure you that the city of New York, which gave for that ticket nearly fifty thousand majority, and I think I may say the county of Kings, which added ten thousand