N/LODERN Battles of Trenton History of New Jersey's Politics ai^'d Legislation from the Year 1868 TO the Year 1894. WILLIAM EDGAR SACKETT. 22 IG^&p^^'^^^?^ TRENTON, N. J. : John L. Murphy, Printer. 1895. 3^ Entered according to Act of Congress, in the year 1895, by WILLIAM E. SACKETT, In tlie office of the Librarian of Congress, at Washington. TO THE THOUSANDS OF MY PERSONAL FRIENDS IN NEW JERSEY WHOSE PARTIALITY HAS MADE ITS PUBLICATION POSSIBLE, THIS VOLUME IS GRATEFULLY INSCRIBED. PREFACE. [j^ HE story traced in these pages is that of the most im- portant, interesting and eventful quarter century, take it all in all, in the history of New Jersey. It is one view — only my view, if you please — of the origin, the rise and the decay of a political dynasty, so to speak. Old mas- ters pass out of sight in the earlier chapters; the new masters who forced them oif the field of action pass out of sight in the closing <5hapters. It was not the purpose, when the work was first con- templated, to present the rounded story of an era in politics and legislation. I expected merely to lay before the reader my rather desultory observations of the spring and current and movement of public affairs during the years when I was on hand with my note-book — to describe events and chat about the men who shaped them. But the inexorable tread of events was fashioning the sequel to my story even while I was penning it ; and, without anticipating it, I find myself the accidental histo- rian of an Epoch — and of an Epoch, too, of more than passing interest to Jerseymen. Nor alone in its political phases is the quarter century epochal. It is the story of an epoch in development and progress as well. The quarter century has seen disturbing controversies set at rest, and the relations of the State to her subjects definitely settled upon lasting lines. It has seen the schools made free, a riparian policy defined and enforced, the yoke of the old monopolies that made the Commonwealth a by- word in the mouth of the nations thrown off, the corporations that defied her sovereignty brought within the reach of the tax-gatherer, her system of legislation fundamentally reconstructed, great public buildings reared — and great things begun and accomplished in all directions. (5) 6 MODERN BATTLES OF TRENTON. The labor I have put upon the pages which cover the story of this eventful epoch has been especially grateful to me, because, from the encouragement the public men of New Jersey gave me when I first suggested the work, I feel as though I had been especially commissioned by them to tell it for them. I trust that I have discharged the commission with becoming candor and conscientiousness, and that, now that the fruit of their partiality is before them, they will see no reason to repent of the selection. It is but just that I should add that in the work I have thus undertaken and completed, my brother, Clarence, has rendered me valuable assistance. CHAPTER I. Which is in the Nature of an Introduction, and, Though Ancient History, Should be Read for a Full Comprehen- sion OF the Chapters Which Follow. Where was, it is needless to say, a period in the history of fi] the State of New Jersey when her territory was a wil- P derness. New York had built up a population and a promising settlement had formed at Philadelphia, before New Jersey's woodlands were invaded by the axe of the pioneer. Though the Commonwealth lay between these two rapidly-grow- ing communities, her progress and development were noticeably slow; and the hope of assisting her growth by artificial methods prompted her leading men to tempt enterprises likely to aid her, with the most glittering allurements she had to offer. The old- time stage-coach, with its changes of horses and drivers at the end of every ten-mile run, that spent a whole day in making the dis- tance between the booming municipalities at either end of her, was hailed as a great boon by the pastoral people who had built their cabins upon her soil; and it did, indeed, give an impulse to settlement. But it was all too feeble a one ; and when a party of pro- gressive capitalists talked about opening up her territory with a railroad crossing her from the Delaware river line to Raritan bay, and running a new machine called a locomotive over it, the people went wild with joy, and were ready to encourage them by any gifts of lands or franchises, and even of money, they saw fit to ask, and she found it possible to give. The project became at once the almost exclusive topic of gossip and discussion in the taverns and at town meetings; and, when the Legislature of 1830 met, it was everywhere understood that nothing the State could do to promote it was to be withheld. Before the session had grown many weeks old, the promoters of the enterprise were in 8 MODERN BATTLES OF TRENTON. Trenton consulting with the legislators about the terms upon which the State would bargain with them, and when the Legis- lature adjourned the new railroad had not only been put in com- mission, but had made its own terms with the State authorities. The running of a railroad across her surface was at that time everything but a remunerative enterprise ; it was doubtful, in- deed, if this particular enterprise could ever be made to pay, and the projectors were loath to undertake it unless the State would guarantee them against the rivalry of other capitalists who might be inspired by its success, if it were successful, to establish competing lines. And so the company's charter con- ferred a monopoly of all the service between New York and Philadelphia upon it ; and, because the imposition of the tax upon its property would take from its treasury some of the money needed to carry the enterprise forward to success, it was exempted from a large part of the public burdens. It was to pay a trifling transit duty into the State treasury — and not even that till it had become a dividend-earning concern. The point from which these enterprising builders proposed to start their road was known as Camden — then a mere name given by courtesy to a railroad shed. The point to which they pro- posed to run was South Amboy, on the eastern shore of the State ; thus the new venture came to be known as the Camden and Amboy Railroad. From Amboy, New York was to be reached by boat. At that time Perth Amboy, fronting on a broad bay that afforded exceptional harbor facilities, was ex- pected to outstrip New York and was looked upon as the com- ing metropolis of the country. The projectors of the railroad would have made this promising locality their terminal but for the fact that it would be necessary to bridge Raritan bay at a great outlay of money; and so, as the more accessible, South Amboy was chosen. The company was immediately organized, and a few years later, what is now claimed to be the first locomotive ever used for railroad traffic in the country, was put upon the rails at Bordentown. During the Columbian Exhibition of 1893, at Chicago, this primitive contrivance was taken out of the shops MODERN BATTLES OF TRENTON. 9 of the now monster corporation on the Hackensack meadows, at Jersey City, and furbished up for exhibition. Ambitious to display the whole train as she had been equipped for her first trip from Bordentown, the railroad officials sent agents all over the State to hunt up the two passenger coaches that she had drawn. Among the rubbish of an old shop up in Sussex, one was found ; the other, minus its wheels, was doing service as a hen-coop at one of the old towns in Middlesex. They were mounted on trucks, and, gay with flags and bunting, were sped behind the locomotive across the country to Chicago. It was unique and a curiosity, and the train was hailed by great throngs at every depot past which she rolled. To return from this digression, the charter of the company which resurrected this curiosity of its primitive days for the amusement and instruction of the people sixty-four years after it had instituted the system of locomotive travel, required that the construction of the road should be commenced within two years and completed within nine. The State reserved the right till January 1st, 1831, to subscribe for one-quarter of the capital stock, and the privilege, for three years at the expiration of thirty years, of taking the works at an appraisement. The con- struction of another railroad, with terminals within three miles of its termini, was to free the company from the payment even of its transit duties. The act of 1831 made this monopoly privi- lege even more stringent by enacting that no other railroad should be constructed across the State within three miles of its line until the expiration of the nine years limited for its comple- tion. In exchange for this exclusive privilege the railroad com- pany gave the State a thousand shares of its stock, with divi- dends, but with the understanding that, upon the construction, by authority of the State or of the United States, of another railroad between New York and Philadelphia, the shares should be given back. It may be said incidentally that, notwithstanding the fact that the State has since chartered many railroads, these shares are still among her assets. By the time the first propo- sitions for railroads were made, the shares had become exception- ally valuable, and one of the weapons the railroad company used 10 MODERN BATTLES OF TRENTON. for the perpetuation of its monopoly was its threat to force their return in pursuance of the arrangement under which they were taken ; but the continued possession of the shares by the State was purchased by the extension of other privileges to the rail- road company.* It was not long after the Camden and Amboy monopoly had been established by the State before an equally-important move- ment was started on the water front at Jersey City. Jersey City was the point on the Jersey shore that was most available for railroad pur- poses, because it was di- rectly opposite the heart of the metropolis. At that time it was little more than a neck of land projecting into the water at about the place where the Pennsylvania Rail- road ferries are now located. It was known as Paulus Hoeck, and through the keen foresight of Alexander Hamilton had, away back in 1804, become the property of "The Associates of the Jersey Company." From an interesting history, prepared in 1883 by Mr. Charles B. Thurston — for over twenty years, and even at the time of this writing. Secretary of the Associates — and * It was thought this was done quite as much for the purpose of assisting the completion of the roads as for the investment. The State parted, as time went along, with most of the stock that thus came into its hands, and always derived a handsome revenue from it ; but General Robert F. Stockton, son of old Commodore Stockton, and who was for three years Comptroller of the State, is authority for the statement that if the State treasury had held all of the stock which it has from time to time exchanged for franchises to railroads the dividend from the stock would by this time have paid all the expenses of the State government. Charles B. Thurston. MODERN BATTLES OF TRENTON. 11 designed to show the title of the Associates to the shore front, the story of the absorption of the valuable water privileges at that point is gleaned.* The extreme eastern point of the upland at that time was about where Warren street runs now— the filling in since done by the railroad has extended the solid ground 1,500 to 2,000 feet into the Hudson river. Above Paulus Hoeck and below it the shore was escalloped by deep coves— that on the north known as Aharsimus, a name which the Indians had given to it, and since corrupted into Harsimus ; that on the south, called the South Cove. The jut of land was the property of Cornelius Van Vorst, Anthony Dye, Richard Varick and Richard Radcliffe. With his wonderful business eye Hamilton saw the commercial future of their holdings, and he framed the bill incorporating the Asso- ciates of the Jersey Company for ils purchase. Notable names were among those of these Associates. Old Governor Penning- ton, Judge Aaron Ogden, Isaac H. Williamson, whose son Benja- min was afterwards one of the famous Chancellors of the State ; General Cummings, of Newark, and Israel Condit, of Newark, were some of them. By their charter the Associates were given the privilege of owning not only the upland but the land under water beyond it, and of improving it. It was Hamilton's idea that the particular value of this acqui- sition lay in its availability for ferriage purposes ; and, so that the Associates might enjoy an absolute and undisputed monopoly of transportation across the river from that point forever, he pre- pared a form for their use in the sale of their acquired upland which reserved to the Associates always the enjoyment of the ferry privileges. Every deed given by them to purchasers of any part of the land expressly forbids the use of it by the purchasers for ferry purposes. By this far-seeing precaution the famous Secre- tary secured to the Associates for all time an exclusive monopoly of the right to use the shore front for the transportation of pas- sengers from Jersey City at any point between Harsimus and * Those who are interested in more than is here taken from Mr. Thurston's narrative, will find the whole narrative reproduced in an appendix at the end of this book. 12 MODERN BATTLES OF TRENTON. the South Cove. A tavern keeper on the water front established a sort of a ferry between the Hoeck and New York, and paid rental to the Associates for many years before the value of it for the larger purposes of commerce developed. At about the time that the Camden and Amboy began its strug- gle to establish communication between New York and Philadel- phia, Dudley S. Gregory and Russel H. Nevius conceived the idea of extending a railroad line from the inn-man's ferry westward into the State. This eventuated in the organization of the New Jersey Railroad and Transportation Company, whose route was by stage over Bergen Hill to the Hackensack slope, and thence by train onward to New Brunswick. As the concern grew busy and wealthy, the necessity of securing control of the ferry privileges on the water front became apparent. The one way of accomplish- ing this was by securing a controlling interest in the stock of the Jersey Associates. The directory of the Railroad and Transpor- tation Company sent out its agents to buy blocks of stock wherever they could. Mr. Gregory was among those who assisted them, and in the course of time they had secured from a number of the Associates a sufficient number of the shares — at $430 per share — to put them in practical possession of the Associates' ferry monopoly. In course of time a serpentine roadbed was blasted through Bergen Hill ; the stage-coach service was abandoned, and trains were run direct to the water front. The attention of the Camden and Amboy was soon directed to this new enterprise by two circumstances. The New Jersey Railroad and Transportation Company offered a more direct communication with New York than that which the old road had established at South Amboy. The new road was, besides, coming into uncomfortable competition with it for some of its traffic. It was not long before a proposition for a lease, or a consolidation, or a merger, was sent out, and eventually the new road went under the wing of the older company. This shrewd move confirmed the Camden and Amboy in the enjoyment of its transportation monopoly between New York and Philadelphia. By acquiring possession of all the water front available for ferry purposes opposite the heart of the metropolis, it was enabled to MODERN BATTLES OF TRENTON. 13 exclude any competiDg line from reaching New York as directly; and for many years the chief struggle between it and lines that sought competition with it was due to their efforts to break its monopoly at this point, and secure a foothold near its own. About the time the New Jersey Railroad and Transportation Company projected its line, a road connecting Trenton and Philadelphia was laid out and chartered, and this, too, entered into traffic arrangements with the Camden and Amboy; thus the old monopoly came into control of a continuous line direct from New York to Philadelphia — over the New Jersey Railroad and Transportation road from New York to New Brunswick, over the Camden and Amboy from New Brunswick to Trenton, and from Trenton over the Philadelphia and Trenton Railroad into Philadelphia. The three linked roads came to be known as the United Railroad Companies of New Jersey, and Ashbel Welch was the first President of the consolidated concerns. With a closer communication between the two big cities it had started to serve, the Camden and Amboy abandoned its depot at South Amboy for passenger purposes, and carried all of its riders to the ferry at Jersey City, where they were within five minutes' sail of New York. The establishment of this through route was regarded as so large a boom to the prosperity of New Jersey — so important a step toward the development of its resources — that the Legis- lature, in authorizing the consolidation of the three companies under the title of the New Jersey Railroad and Transportation Company, agreed to absolutely prohibit the construction of any competing line between New York and Philadelphia, except with their consent • and they bound themselves to see that the transit duties, which they paid in lieu of taxes, and the divi- dends on the State's shares of the stock, did not fall below the munificent total of $30^000 per year. It was many years before either the Delaware, Lackawanna and Western or the New Jersey Central found a way of extend- ing their lines to tide- water at the metropolis, and during that time they were forced to enter into traffic arrangements with the favored company. The Jersey Central, which had estab- 44 MODERN BATTLES OF TRENTON. lished a line that was trying to make its way to Easton, Pa., fed into the road of the New Jersey Railroad and Transportation Company at Elizabeth, and paid toll on all of its passengers for the privilege of riding them over the rails of the New Jersey Railroad and Transportation Company to New York City ; but it was all the time reaching out for a water front equal to that of the New Jersey Railroad and Transportation Company at Jersey City, and commanding as easy access to New York. Through the Jersey Associates, the New Jersey Railroad and Transportation Company had, as has been already narrated, secured possession of all the available ferry sites on the Jersey City shore, and if a contiguous ferry was to be secured, there was no way to get it except by making the ground. John Taylor Johnston, who was the moving spirit in the New Jersey Central Railroad, inspected the Mud Flats, with their shallow overlay of water, in the South Cove, and concluded that hun- dreds of acres might be redeemed from the river at that point by solid filling, and turned into the mammoth railroad yard his company desired. The Cove cut deep into the shore, and it was easy to see that an enormous outlay of time and money would be required to make new land, out to deep water ; but he and his associates undertook it. For years and years scow loads of the foul refuse of the New York streets were dumped upon the Flats, to the peril of the health, as well as to the discomfort, of the residents of Jersey City, whose homes, invaded by the odor, were made almost uninhabitable. In the face of all their pro- -tests he persisted with the work till the land began to show above the water ; and thousands of acres stolen from the river, and added to the area of Jersey City, gave the railroad which he managed terminal facilities as accessible to New York as those the Camden and Amboy had acquired. The Morris and Essex likewise found it impracticable for many years after it had been incorporated to make a direct com- munication with the roadbed of the joint companies, and the coaches containing its passengers for New York were, on reach- ing Newark, unhitched from its locomotives at the point where its Broad street station is now located, drawn by horses through MODERN BATTLES OF TRENTON. 15 Broad street to Centre, and down Centre to the station of the New Jersey Railroad and Transportation Company, and there attached to a train to be drawn into Jersey City. The Morris and Essex Railroad was the pet project of Com- modore Stevens, of Hoboken. The Commodore was a conspicu- ous figure among the engineers of the country, and before his death, earned the reputation of being an inventor of marked originality. The Stevens Battery, which provoked endless newspaper talk for many years, was the work of his hands and reflected much genius, though at the end it proved to be an elephant on his hands. He was the founder of the family of Stevens whose baronial estate at Castle Point, in Hoboken, became known to all the society folks of this section of the country. In its earliest history, he owned the larger part of the territory upon which the city of Hoboken has since been built, and he was looking forward to the time when it would be possible to bring his own road to the water front there. Bergen Hill towered between this water front and his eastern terminus, out beyond the Hackensack Meadows. The piercing or crossing of this height presented serious engineering difficul- ties that the Commodore hesitated to solve. But he had it in his mind to attack them some day, and in the hope of making his road, when it should be carried to the water front, a success- ful competitor, he was bitterly against the continued extension of monopoly rights to the Camden and Amboy Company. The Amboy managers found in him a foeman worthy of their steel, and they deemed it wise to placate him. The result was the making of this traffic arrangement that carried his cars from Newark to Jersey City over the Amboy line, and an under- standing that when he should be ready to run his locomotives under the crest of Bergen Heights, the Amboy managers would make no active opposition. The construction of a tunnel through Bergen Hill was under- taken some years later by a party of capitalists promoting the con- struction of the Erie Railroad ; and at about the same time there was friction between Commodore Stevens and the New Jersey Railroad and Transportation Company's officials concerning the division of the toll money taken at the Jersey City ferry. The 16 MODERN BATTLES OF TRENTON. Erie tunnel projectors became cramped financially in the prosecu- tion of their enterprise, and applied to Commodore Stevens for aid. He made the loan of $107,000 needed for the completion of the tunnel on the engagement that his road should also use it. When daylight was finally carried through the hill, he withdrew from his traflSc arrangement with the New Jersey Railroad and Transportation Company, and for years his road and the Erie jointly used the tunnel. Relations between these two new allies became strained in the last year of Governor Randolph's administration, over a six-foot track, which had been substituted for one of the four-and- a-half-foot tracks with which the tunnel was fitted. The Morris road insisted upon its right to use those rails as well as the other road, and the Erie resisted. Determined to make the connec- tion, the Morris road folks sent a squad of laborers one night ta insert a " frog," at the west mouth of the tunnel, that would admit trains from their road to the disputed rails. One of the most exciting railroad wars in the late history of the State was the result. " Jim " Fisk, the ruling genius in the Erie Rail- road, had got wind of the movement, and when the Morris and Essex laborers appeared upon the scene to lay the " frog " they found their work blocked. Erie locomotives, the heaviest of them, had been steamed up to the point of attack, and lay over the very spot where they had expected to work. A pitched battle between the laborers and the locomotive hands occurred during the night, and, the train hands being reinforced by great gangs of Erie laborers, a serious riot, that was not quelled till Governor Randolph called out the militia, ensued. The Gover- nor himself was largely interested in the Morris and Essex Rail- road ; and the State Guard, with their rifles and a cannon or two, kept the Erie brigade at bay until the "frog" had been inserted. The traffic of the two roads increased so largely as time went on that the one tunnel was not enough to accommodate them, and soon after the close of the famous " frog " war the Morris road people made a sale of their tunnel rights to the Erie, and blew a tunnel for their own use through another part of the hill. What has been written shows that the little enterprise of the MODERN BATTLES OF TRENTON. 17 Camden and Amboy Company, which the State so carefully nursed in the hope that it might be successful and the fear that it would not be, grew rapidly to prosperity and wealth. Popu- lation followed the line of its rails, settlements sprang up in the wilderness as fast as locomotives pushed through the forests, and its whole route from Philadelphia to New York became dotted with attractive and prosperous towns. It became one of the main thoroughfares of traffic between New York and all points South and West, and grew with almost magical speed into an enormous and wealthy corporation. Its early alliance with the Legislature of the State, and the popular enthusiasm with which its coming had been hailed, and the State's habit of conceding to it, for the purpose of increasing her own prosperity, whatever of privilege or franchise or exemption, or even monopoly, it asked, made it arrogant and aggressive, and it soon came to be recognized as the power behind the throne in the control of all the affairs of the Com- monwealth. It went into the counties, picked out its own nominees for places in the Senate and Assembly and secured their election to the seats for which they stood. The ambitious politician, hopeful for public honors, had first to make his peace with this rapidly-growing monopoly and to secure its favor and consent to his canvass. Such a thing as a candidate announcing his opposition to the railroad company and surviving the elec- tion was almost unheard of in State politics. Once in a while a man, permitted to reach a seat on the assumption that he would be favorable to its schemes, would show a disposition to curb its greedy reach for power. With its rich treasury it brought him into line with the majority of his fellows, and never failed to punish him for his temerity by defeating his re-election to his seat at the next poll. The legislation proposed for the people was all scrutinized at the companies' offices in Trenton and allowed to go through if the company was favorable or indifferent, but its disapproval doomed it to certain defeat. It selected the Governors of the State, picked out the men who were to go to Congress and named the United States Senators. So absolute was its control of all departments 2 18 MODERN BATTLES OF TRENTON. of the State government that the State itself came to be known derisively among the people of other States as the State of Camden and Amboy. It went into the cities and towns and controlled Councils and Mayors with the same iron hand. It absorbed property of great value everywhere, and taking it out of the ratables increased the tax burdens of the community from which it was withdrawn. There never was a more com- plete master anywhere of the destinies of a State than was this monster monopoly of the affairs of New Jersey. Its enterprise reached out in a thousand different directions, and there came a time when the State that had taken the corporation to its bosom as a child began to fear it as a master. CHAPTER II. Which Treats of the First Movements to Dislodge the Camden AND Amboy Monopoly, and Discloses Incidentally the Influence the Lease of the Old Lines to the Pennsylvania Kailroad Company had Upon the Progress of the Battle for a Competing Line. f HESE introductory explanations are made, because, all ij through the work upon which I am now engaged, the railroads, and especially the Camden and Amboy and its successor, the Pennsylvania, present themselves as im- portant factors in the control of State affairs. The success that had attended the Camden and Amboy's operation naturally enough roused the ambition of other capitalists for like enterprises, and as its growth was due almost entirely to the fact that it controlled the traffic between two important cities, the chief aim of rival operators was to make a line parallel with it. Because it had acquired quite as advantageous a tide- water terminal at Jersey City, just south of the Joint Companies' terminal, all of these rival organizations looked to the Jersey Central Railroad to admit them to New York. The Jersey Central had, soon after reaching its water front, attempted to establish a competing line by the extension of its New Jersey Southern branch out through Red Bank and Toms River towards Philadelphia. But the route was so cir- cuitous and the time of travel so long as to defeat the purpose its projectors had in view in building it. Senator Torrey, whose father, John Torrey, was its most enthusiastic backer, was especially conspicuous in promoting the passage of its charter under the name originally of the Raritan and Delaware Bay Railroad. Manchester, down in the Jersey pines, was selected as its central business station, and the establishment of its car shops there built the town into quite a flourishing community. (19) 20 MODERN BATTLES OF TRENTON. To secure the means of prosecuting the enterprise, Torrey made a loan through Brown Brothers, of New York, with the Bank of England for $450,000, and as the money was advanced on woodland that was of scarcely any value the. loan became famous in the history of financial operations. The decadence of the railroad robbed Manchester of her early glory ; the shops were closed and the homes deserted, and a foreclosure to force the settlement of the mortgage finally became necessary. The heirs of the Torrey estate bought in the property, however, to protect the titles of those who still made their homes in the town. It became apparent, immediately after the Southern Railroad had entered upon business, that it would never answer for a competing line; and larger hopes were built upon the possibility of extending the Central Company's main line onward to the Quaker City. Till Somerville was reached the main line pointed straight at Philadelphia and there it veered westward toward Easton. It succeeded in pushing its way Philadelphia- ward as far as Bound Brook and there its progress was blocked. From the other direction, a corporation known at that time variously as the National Line, and the Air Line, but sub- sequently absorbed into what is now known as the Reading Railroad, had extended its line northward from Philadelphia to a point on the Pennsylvania side of the Delaware river about opposite Trenton. All the ambitious projectors of rival roads saw that the linking of these two roads by a little spur extend- ing from Trenton to Bound Brook would complete the much- sought through route between the two important cities that fed the Camden and Amboy. For four or five years the State was torn by the dissensions between the Camden and Amboy owners and these rival promoters for a franchise that would authorize the laying of rails over this disputed territory, and the little section of the State that lay between the Bound Brook end of the Central and the Trenton end of the Air Line became famed all over the country as a battle-ground of the railroad giants. At each session of the Legislature, for years, the promoters of the rival lines urged their claims upon the Senators and Assem- blymen, and the Camden and Amboy monopolists sent them MODERN BATTLES OF TRENTON. 21 home as often with a good deal more experience but a good deal less money than they had started out with. They succeeded in making much of public talk about the closeness of the relations that existed between the Camden and Amboy and the State, however ; and the newspapers felt that they were scoring a great point against the Camden and Am- boy 's domination when they described the system of transit duties which it paid into the State Treasury in lieu of taxes, as a tax upon the passengers and declared that whatever the Camden and Amboy contributed toward the support of the State was taken out of the pockets of its New York and Phila- delphia patrons. The transit duty system was easily made un- popular in New York and Philadelphia by its presentation in this light, and in 1869 Governor Randolph sent a special message to the Legislature in which he advised the substitution of another and better system for it. " Provision should be made," he wrote, " for the establish- ment of a just and uniform rate of taxation upon all railroad and canal companies, subject to such changes in the rate as the Legislature may direct. * * * I am convinced that the present mode of obtaining revenue is inconsistent with the spirit of our people, the more enlightened and just modes of taxation experience has developed, and unequal, also, in its operations upon our citi- zens. The operation of the system, too, is either persistently misunderstood or willfully misrepresented by the citizens of other States." As a result of these recommendations, a bill was introduced into the Houses, and whipped through both of them in a single day, imposing a tax of one-half of one per cent, upon the cost of the Camden and Amboy Railroad, " till such time as a law imposing a general railroad tax should be passed." The Legislature of 1870 saw an attempt made to connect the National line with the Central, by the introduction into both Houses at the same time of a bill granting a franchise for a road between Millstone and Trenton. Tracks between these two points would have completed the Philadelphia and New York connection, but the act authorizing their laying was presented to 22 MODERN BATTLES OF TRENTON. the members as for the construction of merely a little local road. Assemblyman Clark, who was evidently a Camden and Amboy spokesman on the floor, made announcement of its larger scope when he described it as designed to secure a continuous road from Philadelphia to New York, " for a corporation chartered by Pennsylvania in which the State of New Jersey had no par- ticular interest." After it had been defeated by an adverse report in the Assembly, Assemblyman Winton, of Bergen, backed by Bevans, of Hudson, attempted to secure a reeonsideration ; but Leon Abbett, who was Speaker of the House at the time, stepped down from the dais and opposed the reconsideration on the ground that " the idea underlying it was a train flying across New Jersey from New York to Philadelphia in one hour and fifty minutes without stopping at a single one of the intervening Jersey towns or villages," and urged this local objection to a corporation that proposed to use the State only for a convenience with such fer- vor that the attempt to reconsider failed by even a larger vote than that which had sustained the adverse report. The companion bill, that had been placed on the Senate files, was met there by the introduction, under Camden and Amboy auspices, as a foil, of a bill chartering the Mercer and Somerset Railway Company -between precisely the same points. Such well-known Camden and Amboy men as Ashbel Welch, Robert F. Stockton, John G. Stevens and A. L. Dennis were among the incorporators ; and its Camden and Amboy origin was further revealed by the clause which gave to the Camden and Amboy stockholders power to subscribe to the stock. The special allure- ment with which the promoters of the Millstone and Trenton Railway bill tried to tempt the State into granting the charter, was the offer of half a million dollars to the State treasury in exchange for it. Senator Little, of Monmouth, who thought that the State of New Jersey should not sell these franchises, aided by Senator Taylor, of Essex, who thought that a woman should as soon sell her virtue, attacked this particular part of the bill, and had it stricken out of it. The fate of the measure was sealed from that day onward to the close of the session. Its promoters realized that if they could not induce the State to give MODERN BATTLES OF TRENTON. 23 up the franchise for half a million, they certainly could not per- suade her to make the gift for nothing, and, both Houses having thus set their faces against it, the attempt to build the rival road was for the year abandoned. Meanwhile the Camden and Amboy control had undergone a change that robbed it of half the local argument with which it had been armed. The joint companies had leased all their lines to the Pennsylvania Railroad Company, a corporation whose directory was quite as full of foreigners as the directory of any of the competing roads that had sought to use the soil of the State. Jersey Legislatures had excused themselves for protect- ing the Camden and Amboy against all comers, on the ground that she was managed by Jerseymen, and devoted to the promo- tion of New Jersey's growth while these outside concerns were the projects of men who were not to the manor born, who cared nothing for New Jersey, except so far as she could contribute to the comfort of travel between the two cities outside of her, and who, as Abbett had said on the floor of the Assembly Chamber, did not propose to even stop their trains anywhere within her limits for the accommodation of her citizens. The argument, based on State pride and State development, that had been effective against these foreign rivals of the road which the State herself had nursed into strength, was lost the moment the State's own road, as it were, passed out of the hands of Jerseymen into a control that was no less foreign. It was even urged that the arrogance and arbitrariness of the foreign concern that had taken possession of the Camden and Amboy properties should be checked and punished by the chartering of its competitors and the impairment of its business. The loss of popularity among Jerseymen, due to the changed status of the joint companies, not only encouraged the rival lines to fight with the more vigor for their charters, but was reflected in the greater difficulty the old monopoly experienced in defeating them. Appeals to State pride and State interest were vain, and the corrupting influence of money and lobby was called in to replace them. CHAPTER III. "Which Treats of the Horseshoe Assembly District Gerrymander, OF Walsh's Nomination for Governor and of His Defeat BY Joel Parker, with an Incidental Sketch of the Men who Made Up the State House Autocracy of that Day. IGHT was lost of these absorbing railroad rivalries in the _^ political excitements into which the State was plunged when they seemed about to reach a culmination. The Legislature of 1869 was controlled in both branches by the Democrats. The Federal Government was preparing to make the usual decennial count of the people in the nation in 1870, and it was to fall to the lot of the Legislature of the following year, 1871, to make a re-apportionment of Assemblymen among the counties on the basis of the State's new population figures — that is, the Constitution devolved upon it the function of fixing the num- ber each county should hold of the sixty seats in the Lower House, and of marking out the boundaries of the districts from which the men who were to fill them should be chosen. The possession of the Legislature in re-apportionment year was counted nine points of the law. It gave the party in control an opportunity, by juggling with the geography of the State, to perpetuate its supremacy. The votes could be so apportioned and the district lines so arranged as to aid its candidates and handicap those of its opponents. The Democrats were in control of both branches in 1870. To assure themselves of the majority in the Assem- bly of 1871 they planned a series of changes in district lines that were expected to be favorable to the chances of their candi- dates. The warring railroads struggled as hard as the party managers to turn the new apportionment to their own advantage. It was their desire also to see the districts arranged in a way (24) MODERN BA.TTLES OF TRENTON. 25 that would enable them to secure most easily the election of their own men to the chamber. The Pennsylvania Railroad Company, with a directory in sympathy with the Republican party, was opposed to the anticipation by the Legislature of 1870, of the decennial re-apportionment of 1871. The con- ditions of the time were not unfavorable to Republican success, even in New Jersey, in the fall, and there was an idea abroad that if these partisan anticipations of the redistricting era could be balked in the Legislature of 1870 it might be possible to pro- duce at Trenton the following winter (1871) a Republican Legis- lature to make a thorough re-apportionment upon Republican lines. The Democratic caucus was all the more eager as a con- sequence to have the work done by the Legislature of 1870. The redistricting bills were devised and sent to the Clerk's desk for enactment. The moment they made their appearance some of the Democratic members began to make protests against the way their particular districts had been laid out, and during all the session, up to within a few hours of its close, they contended and disputed over the final shape the bills should take. Speaker Abbett was severely criticised on the suspicion that he was wink- ing at these delays, but in the last hours of the session he forced them to the House calendar. When they were offered for pas- sage but fifty- seven of the sixty members were in attendance. Herman D. Busch, who enjoyed the double distinction of being the fattest man in the State and of representing Hoboken in the Assembly, and Assemblyman Probasco, of Hunterdon county, were absent, and a little handful of the slim Democratic ma- jority present were numbered among those who were in the opposition. Caleb H. Valentine, of Warren, one of the most showy orators of that session ; Assemblyman Samuel Warthman, of Camden; Charles C. Grosscup, of Cumberland, and Levi French, of Burlington, were of this number. Valentine had been making florid speeches in favor of a new county to be called Musconetcong, and it was said that he had promised, in exchange for Republican votes for his county bill, to cast his vote against some, if not all, of the Democratic caucus measures. The reasons that influenced the others in their defection are only 26 MODERN BA.TTLES OF TRENTON. conjectural, but it did not escape observation that they repre- sented counties where the old Camden and Amboy influence had always been, and is even to this day, well-nigh supreme. Speaker Abbett doubtless knew when he forced them to a vote that they were likely to be beaten, but concluding that they might as well be slaughtered in the open as secretly smothered to death, he insisted upon a roll-call upon them. In the vote, Valentine assisted the Republicans to beat two ; Warthman cast his vote against two, and French and Grosscup aided in the defeat of a third. The result was that the Legislature adjourned, leaving to the Republicans this important function if they should cap- ture the next Legislature. Having escaped the handicap the Legislature of 1870 endeav- ored to put upon them, the Republicans went into the campaign of the fall with hot zeal. The parties fought with bitter parti- sanship for two shining prizes that were to be the rewards of victory. It was preordained that the party that controlled the re- apportionment would make it with a view to maintaining its supremacy for years ; and the Legislature was, besides, to name a man to succeed United States Senator Alexander G. Cattell, whose term was to expire in the following March. The Pennsyl- vania Railroad Company, eager to command a following that would protect it against the encroachments of rival corporations, plunged into the campaign as an active ally of the Republicans. Thus was returned to Trenton in 1871 a Republican majority in both Senate and Assembly. The railroad's supremacy in both Houses was so pronounced that the National Railway people felt that a fight for a franchise that year would be an almost hopeless one, and, after making an exhibition of their teeth, they retired from the ground. For a bluff, they attacked the lease of the Camden and Amboy property to the Pennsylvania Railroad Company, and then made a bold display of their own hand by asking outright for a charter for the incorportion of the National Railway Company. Theretofore, their policy had been to secure furtive legislation for a charter that on its face merely put a little local line somewhere in commission, but that really, with the already-granted charters for other lines, completed its through MODERN BATTLES OF TRENTON. 27 line to New York. The offering of an act for the direct incor- poration of a rival line was only intended, apparently, to keep the public interest in the question alive. For the first time since the rivalry had begun, the National people had now thrown down the glove to the monopoly that controlled the State Legis- lature. It was little else, however, at this time, than a notice to the Pennsylvania managers that the issue was about to be forced upon them. The act was not pressed with any vigor, and the close of the Legislature was reached without any special excite- ment over it. It named as incorporators, Henry M. Hamilton, A. Bailey Clark, Isaac B. Culver, Henry Lewis, Robert B. Cabine, Matthew Baird, Jacob Reigel, Samuel K. Wilson, Alfred S. Livingston, Charles Smith, Deles E. Culver, James Moore, John McGregor, Sidney Dillon, Franklin J. Mallory. The accession of the Republicans to power gave them so much partisan work to attend to, that this " flyer " of the National Railway Company attracted little attention. Besides the election of Senator Cattell's successor, and the perfection of the redistricting and re-apportionment act to the best partisan advantage, they had no end of State offices to bestow upon par- tisan favorites, and no end of bills to pass for the delivery into Republican hands of the municipal governments all over the State. It was the commencement of one of the most disastrous revelries of partisanship that the State had ever seen. Before it was ended one of the State officers chosen by the joint meeting was discovered, when, grey-bearded man as he was, he was hunted out of questionable surroundings in Philadelphia a few years later, to have wasted upon wine and women close on to a hundred thousand dollars of State moneys. One of the Senators who, by the government he induced the Legislature to establish over the locality he represented, succeeded in making himself a powerful local boss, died in the State Prison while undergoing a term of imprisonment for robbing the community that trusted him. Two cities were driven by the extravagances and corrup- tions of the rings the Legislature forced upon them, into bank- ruptcy that set them back twenty-five years in growth, and the Treasurer of a third, which narrowly escaped the same fate. 28 MODERN BATTLES OF TRENTON. rushed off to Mexico with sixty thousand dollars of its money, aud then paid it all over to a Mexican bandit for protection against his pursuers. These unworthy rulers acquired this baleful control of municipalities by routing the chosen servants of the peo- ple from the local places, and replacing them with others named in the joint meeting of the two Houses; and in order to insure themselves against disturbance, they fastened upon the State, through the re- apportionment and redistricting that the Legislature of 1870 had left in their hands, a gerry- mander of Assembly districts so manifestly unfair that it be- came the talk of the nation. The Jersey City " Horseshoe," into which the entire Democratic vote of that Democratic city was huddled and allowed but a single Assembly vote, while a smaller Republican constituency was broken up into a half a dozen districts with, of course, a half a dozen Assembly repre- sentatives, was one of its products. The voice of the State was stifled through it so thoroughly that even when the Democracy rolled up a total majority of 15,000 to 18,000 throughout the Commonwealth, the Assembly yet showed an overwhelming Republican majority. It was so notable a piece of political en- gineering that it set the cue for gerrymanders all over the country, and was cited as a precedent twenty years later for an equally infamous Democratic gerrymander. The questionable distinction of introducing this disfranchising enactment falls to Senator Torrey, of Ocean. The caucus for the United States Senatorship was the one reputable proceeding of the Legislature. The names of Cor- nelius Walsh, an Englishman of Newark, who had accumulated something of a fortune in the manufacture of trunks ; of Cort- landt Parker, a noted advocate of the same city, and of Fred- erick T. Frelinghuysen, the courtly son of a family already famous in the annals of statesmanship, and himself a former At- torney-General of the State, were presented. Mr. Parker did not show much strength among the members ; Frelinghuysen's name and capacity commended him to all hands, but Walsh's wealth made him, in spite of his English lineage, a dangerous MODERN BATTLES OF TRENTON. 29 rival. It was only after Walsh had been bought out of the com- petition by the promise of the nomination for the Governor- ship in the fall, that the way was opened for Mr. Fre- linghuysen's election. Mr. Frelinghuysen was chosen when the joint meeting came, over Governor Randolph, whom the Democratic caucus had put in nomination against him. Thomas N. McCarter, of Newark, was to have been the tem- porary chairman of the Republican State Convention that met at Trenton in the fall to select the candidate for Governor, but he was unable to be present, and General Thomas Van Buren, of Hudson, acted in his stead. Edward Bettle, of Camden, took the chair when the permanent organization was effected. The prospect of Republican success was so alluring that more than half a dozen candidates were tempted into the field. Cort- landt Parker, Marcus L. Ward, John Hill, Elston Marsh, Theo- dore Little and Colonel A. D. Hope appeared in convention as competitors for the nomination that had been promised to Walsh. Neither of them, however, showed sufficient strength to make him a formidable candidate against the Newark trunk-maker, and Hoxsey, of Passaic, made an effort to spring General Judson Kilpatrick, the dashing cavalryman of the war, upon his fellow- delegates. The Republican leaders, who had promised the favor of the convention to Walsh, feared that the mention of the name of Kilpatrick, who had doubly endeared himself to the hearts of Jersey Republicans by his brilliant platform oratory and his record as a soldier, would stampede the delegates, and their followers endeavored to drown Hoxsey's voice in shouts. Half the men in the hall kept tally of the announcement while the first ballot was being taken amid breathless excitement, and the pledged leaders of the party drew a long sigh of relief when they saw that the little soldier from Deckertown had not swept the convention away from their candidate. Before the second roll-call had been commenced, the frightened managers hurried and scurried down the aisles and over benches to beg votes for Walsh, and when the tallies were footed up it was found that he had been put in nomination. The press of the day following the convention disclosed a 30 MODERN BATTLES OF TRENTON. general conviction that Mr. Walsh's English nativity would prove a marked weakness for him at the polls; but it was urged, on the other hand, that his prominence in the Methodist Church, and his liberal donations to its treasury, would be an element of strength for him in the rural districts, where a Methodist is sometimes a Democrat. The Democratic party did not fear his Methodist alliances half as much as the Republicans had built upon them ; but they were discomforted by the eflPect the expendi- ture of vast sums of money he was supposed to be ready to make upon his campaign might produce in conjunction with the generally unsatisfactory prospect of things for the party, and they felt that the occasion had come when they must throw aside all of their personal preferences, and pave the way for victory by presenting the strongest man in their ranks as his competitor. Democratic councils had been dominated for years by a coterie of bright men whom the irreverent Democratic masses called "The State House Ring." Judge Lathrop was one of this potential quartette. Ex-Senator Little, who had now become the Clerk of the Court of Chancery ; Henry C. Kelsey, who became Secretary of State at about the same time, and Governor Theodore Randolph were the others. Judge Lathrop had been in the wholesale dry goods business, first in the South and afterwards in New York. He married into the family of Boat-owner Gibbons, who was looked upon as one of the most important and influential business men in Morris county. The Judge's interest in New Jersey State affairs began when the New York Chamber of Commerce deputed him to see that the New Jersey State authorities did nothing, or allowed nothing, that would affect the value of the harbor of New York. It was at a time when the riparian discussion was young, and when numerous movements were projected on the Jersey shore that might reach the channel of the river and even- tually destroy New York bay as a refuge for the floating commerce of the world. Even as early as that, the New York merchants and men of commerce feared that the " filling in " on the Jersey shore, if carried on too extensively, would be swept by the tide out toward the sea, and, eventually choking up the Narrows, Henry C. Kelsey. 32 MODERN BATTLES OF TRENTON. make the great bay of New York a sort of inland lake. It was to see that these threatened water invasions from the Jersey coast were not carried to a dangerous point that Judge Lathrop went into public life in New Jersey. His participation in the discussions over the various aspects of the riparian question, and his influence in bringing about the final adjustment, brought him into a bright public light, and made him one of the pic- turesque figures in State politics. The managers of Democratic affairs saw that he was a man of exceptionable power — skillful, able, shrewd and resourceful — and he was gladly welcomed into the party councils as their coadjutor. Mr. Kelsey's official position — to be Secretary of State is to be next to the Governor in political prominence — gave him an opportunity to lift his light from under the bushel basket and dazzle the State with it. Through the patronage of his office he easily made himself recognized as a political factor in the extreme northern counties. He had been a country editor in Sussex when Governor Randolph first discovered him. During his campaign to the Governorship, Randolph had dropped in on the town of Newton, and at the office of the " Newton Herald " he made Mr. Kelsey's acquaintance. He found him unusually fertile in suggestion, a brave, cold calculator, and when he had reached the Governorship he made up his mind that the Sussex editor would make an admirable Secretary of State, and con- ferred the dignity upon him. It was not long before Mr. Kelsey had forced recognition as one of the most skillful members of the Democratic State household. He was a small, thin and wiry fellow, and he cultivated an affectation of deafness that shielded him from noticing the unpleasant things his enemies and rivals had to say about him, but left him keenly alive to all the things that were gratifying to his pride. Governor Randolph's position at the head of the State was the reward of years in the public service. He was one of the largest coal operators in New York, and so rich that he came to be known as " Mr. Moneybags of Morristown." He had first lived in Hudson county, been active in public affairs there, and represented the county in the State Senate. Later he purchased a MODERN BA-TTLES OF TRENTON. 33 handsome property at Morristown, and became a resident of that county. He had set his eye upon the United States Senate, and, as far as he was able, had given a drift to State affairs calculated to turn the current of politics toward the channel of his ambi- tion. He was bending eagerly forward to the goal for which he was reaching, and had now reached the Gubernatorial milestone on the road to Washington. The man who made the schemes of these three ready and far- seeing planners effective by his energy was Henry S. Little, then an ex- Senator, and, by Randolph's appointment, Clerk of the Court of Chancery. That clerkship was not only one of the most lucrative places in the Capitol building, but it was also the one that gave largest opportunities for acquaintance with the class of men who make and mould public sentiment. The fifteen hundred lawyers in the State, with their army of clients and litigants, were brought into almost daily contact with his office. Mr. Little had enough of the Irish instinct of push, aggressive- ness and ambition to make the most of the opportunity that lay at his hand. His father had come from Ireland in 1810, and settled in Monmouth county. And there he had gone into busi- ness, and finally started the first line of steam-packets that ever plied between any point in Monmouth county and New York. These steam-launches of his used to run down the creek that struggles out through the meadows from Matawan to the bay, and opened a market for the produce of the farms in all the region around about. As his wealth grew, he organized the Farmers' National Bank of Middletown Point, which is yet in existence ; and the private tutor whom he brought to his home to educate his children became the nucleus, so to speak, of a local classical school. When Henry Stafford Little came of age he divided his time between his country law practice and the further development of the resources of the county for which his father had already done 80 much. He promoted and in large part built the turnpike which opened new highways for settlers ; and subsequently, by the incorporation of the New York and Long Branch Railroad Company, established the route that has since made the seacoast 3 34 MODERN BATTLES OF TRENTON. section of Monmouth the gayest of midsummer capitals and dotted that section of it with whole lines of pretty and thriving villages. So that his family for two generations had thus been identified with the prosperity and progress of the county. When, in recognition of his public spirit, his neighbors sent him to the State Senate as the county's spokesman, he reached the head of the most important committees, and finally the Presidency of that body ; and his selection by Governor Randolph as the Clerk of the Court of Chancery was but a promotion earned as the reward of his public services. In build and appearance he was the very antipode of Mr. Kelsey. Too active to be stout, he was tall, wiry and nervous, and a man upon whose face one could read the signs of intense activity. As the time for the election of a new Governor approached in 1871, these four magnates of the State House got together, with their lieutenants, at the Chamber of Commerce in New York, and agreed that they would advance Joseph D. Bedle, the rotund and cherub-faced Supreme Court Justice, whose circuit was in Hudson county, to the chief Chair of State; and they im- mediately set the machine in motion to secure his nomination by the State convention. Bedle's name had scarcely been proposed before it became apparent that he would have to measure lances with an antagonistic power in his own county. From his posi- tion on the bench Judge Bedle had thrown obstructions in the way of some public schemes that had been set on foot by Con- gressman Orestes Cleveland, who was then the most considerable political factor in Hudson ; and Mr. Cleveland set out to cripple his canvass by weaning his home delegation from him. Of course, by the rule of politics, the failure of his own county to support him in the convention would have been an insurmount- able bar to his nomination. If Bedle were allowed to stand alone before the people of Hudson as a candidate for Governor, local pride and affiliation would have given him their support for the asking, and in order to furnish the local politicians with another Hudson name to rally around, the shrewd Congressman suggested that Leon Abbett, Bedle's next-door neighbor in old Henry S. Little. 36 MODERN BATTLES OF TRENTON. Sussex Place in Jersey City and tLen rising into prominence as a champion of the workingman and wage- earner, be Hudson's candi- date for the Governorship. In spite of this attempt to divide his neighbors against him, Governor Bedle's strength grew apace, and Mr. Cleveland saw that he would secure the nomication unless a better-known name were brought into the canvass. One Democratic name was known in every household in the State. Joel Parker had been its Governor in war times. His contact with the men whom the State sent forward to Washington to fill its battlefield quota, and his sympathetic reception of their bereaved wives and children when they went to him with their tales of misery, gave him opportunities for personal acquaintances among the masses that he had im- proved. A great big, good-natured, rollicking fellow, tall of stature and broad of girth, with the air and manner and dress of a farmer, always accessible, with a generous word for every- body and a kindly sympathy for all who needed it, he^ had come to be looked upon as the personal friend of half the men, women and children in the Commonwealth, and they in turn esteemed it a rare flattery to be accounted his friend. The party never was in straits but that this old man of the people was summoned to the front. And now, to defeat his local enemy, Mr. Cleveland brought his name forward as one good to conjure with. Almost immediately the War Governor's Mon- mouth home became the Mecca of the party workers of high and low degree. Big men and little men, leaders and followers, all sought him to urge him into the canvass. They found him willing, but unable. He had a family to provide for, and noth- ing but his practice as a lawyer to depend upon, and he felt that he could not afford to leave his field of labor for the pittance of $3,000 a year, with which the labors of the Governor were rewarded. They pledged themselves to advance the Governor's salary to $5,000 a year, if he would but consent to lead the fray, and, after much urging, he consented if the nomination were offered to him with substantial unanimity, to accept it. The State House managers were alone unwilling to accept him. Senator Abbett's bid for the Hudson delegation had been a reason- MODERN BATTLES OF TRENTON. 37 ably successful one, but when the day for the holding of the State convention arrived, it was understood that these forty-nine votes were to be cast at the proper time for the old war horse from Monmouth. Similar arrangements were made with delegations from five of the lower counties of the State. They were all committed to the support of local candidates, with the under- standing that when Congressman Orestes Cleveland made the speech on the floor of the convention formally putting Parker in nomination they were all to abandon their local favorites, and join in the hue and cry for Parker. J. Daggett Hunt, a tall, fine- looking delegate from Summit, with a good voice and fine delivery, who was over-ambitious to make the first presentation of Governor Parker's name, almost spoiled the programme by making a pretentious speech in Parker's favor before the oppor- tune moment for Mr. Cleveland's rallying speech arrived. Much excitement attended the informal roll-call, but it seemed as if Bedle had a majority of the delegates, and Colonel Wm. C. Alexander, who served as the Chairman of the conven- tion, was about to announce the Judge's nomination when the Hudson Congressman sprang to the floor. " The Chairman ia about to announce the result of the ballot," Colonel Alexander admonished. " For what purpose does the delegate from Hudson desire the floor ? " When Mr. Cleveland said in response that he was going to make a last effort for harmony, the State House delegates sup- posed that he was about to turn the Hudson county delegation over to their favorite; and it was only after he had made his pre- arranged speech for Parker and enthused the convention for the man from Monmouth, that they saw the error they had made in allowing him to take the floor. The anti-Bedle delegates broke into prearranged applause when he announced the change of the forty-nine Hudson votes from Abbett to Parker, and the five lower county delegations broke from their first-announced candidates to the Freehold veteran. A stampede followed, and, on "Cale" Valentine's motion, Parker's nomination was made by acclamation. The other candidates presented to the conven- tion before the end was reached were Nehemiah Perry, of New- 38 MODERN BATTLES OF TRENTON. ark ; General Theodore Runyon, who had already canvassed the State for the same office in 1865, and been beaten by Marcus L. Ward ; Benjamin F. Lee, a rising figure in South Jersey politics; General Charles B. Haight, a rollicking orator, practic- ing at the bar at Monmouth ; Isaac B. Dickinson and Thomas D. Armstrong. After Joel Parker's nomination was made unanimous the Republicans assailed his war record. They declared that he had been purposely dilatory in sending men forward in the hour of the nation's peril, and that a sympathy with the Rebels had made him disloyally tenacious of the State's rights as opposed to the nation's authority. Mr. Benjamin F. Lee, who accom- panied him on his campaign, tells an admirable story of the skill with which Governor Parker met these unfair partisan critics of his. " Gentlemen of the jury," Mr. Lee heard him begin at one of the campaign gatherings — the crowd imagined that he had forgotten that he was not at that moment a lawyer preparing to plead for a client, but a citizen seeking the suffrages of his fel- low-citizens, and a loud laugh greeted his slip of tongue. " Well," the old Governor went on after the merriment had subsided, " I should have eaid ' Fellow citizens ! ' But no I let it be 'Gentlemen of the jury,' for after all you are a jury gathered to try your candidate on a charge of sympathy with treason, and to declare him guilty or not guilty by your votes when you have heard all the evidence. So let it be ' Gentlemen of the jury,' and we'll organize a court here for the trial of Governor Joel Parker on the charges that have been made against him." Then assuming to be the public prosecutor, he formally opened the case for the State, and arraigned himself in such a speech as a prosecutor might have made had he been really at the bar. Then he called the witnesses one after the other, pictured them as sitting in the witness box, and questioned them on the direct and on the "croes" just as they might have been questioned by counsel on either side, and repeated their imaginary responses to his amused and interested audience. Joel Parker. 40 MODERN BATTLES OF TRENTON. "And now the State rests," he went on, "and the witnesses for the defense are summoned. Andrew G. Curtin, take the stand. You are the War Governor of Pennsylvania, Mr. Curtin ? " "I am." " Do you know the reputation of Joel Parker, of New Jersey, for loyalty to the Union cause ? " " I do." " Is it good or bad ? " For answer he read a letter from Curtin in which that noted patriot had spoken words of highest encomium for the zeal with which Joel Parker had upborne the Union arms. " Edwin M. Stanton, take the stand." And the Governor, acting as counsel for the defense, put the great Secretary through the same series of interrogations. And, for answer, Stanton's telegram, thanking the Governor for the alacrity with which he had sent troops forward, was read amid wildest applause. " I might have produced a witness whose certificate would be the absolute acquittal of the defendant at the bar." he said, with subdued pathos, and turning as if to address a court, " but the hand of the assassin has sent him to a grave kept green by the tears of his people. I am forced, your Honor, to go to the jury without the testimony of Abraham Lincoln." As though he were the judge at the trial, he now turned his face to the audience and solemnly charged the j ury, and at the end of it he exclaimed that " It is for you, gentlemen of the jury, to say whether, on the evidence presented before you to-night, this defendant, Joel Parker, is guilty or not guilty." Every man and boy in the vast throng was on his feet in an instant and shouting a verdict of acquittal, and it is safe to say that when election day came not a man who witnessed that imaginary trial failed to cast his vote for Joel Parker. When Governor Parker was ready to step into the Governor- ship, to which he was elected over Walsh by a majority just short of six thousand, it looked as though the promise of in- creased salary, with which he had been tempted into the battle, was not to be redeemed. Only the Legislature could pass the act making the increase ; and that, in both branches, was con- MODERN BATTLES OF TRENTON. 41 trolled by the Republicans. It was almost rash to hope that a Republican Legislature could be persuaded to redeem a campaign promise made by its opponents to their candidate. Even if they were disposed to do it, the act, to be constitutionally efifective, must be passed and approved, and on the statute-books before the commencement of his term. The Legislature assembled a week before the day fixed for his inauguration, and, as it was usual for the Houses to sit during the first week only for organi- zation, there was the other obstruction of time to stand in the way of the keeping of the engagement. Everybody knew of the understanding upon which Parker had gone into the campaign, and by the time the Houses got together the people had rather settled down to the conviction that the promise that he should have $5,000 a year during his term of service was something like a contract between the State, whose people had made him its Chief Magistrate, and himself. The members of the two Houses were not dead to the prevail- ing sentiment, and the moment they got together Assemblyman George H. Farrier, a well-known Hudson Republican, offered a bill fixing the Governor's salary at the stipulated advance, and, under suspension of rules, it was put through both Houses, and immediately signed by Governor Randolph, and so became a law within an hour after its introduction.* *The discussion concerning the increase of salary was marked, incidentally, by an agitation over the question of providing the Governor with an official residence at the capital. When the salary was not even as much as the $3,000 that Governor Parker did not think he would be able to serve for, the State had tried to piece it out by providing its Chief Magistrate with an establish- ment in which he and his family might live rent free, and had erected on State street, a block or two east of the Capitol, a building that for several years was occupied as the Executive mansion. As the affairs of the State did not con- sume all of their time, and they preferred to live in their own homes — a good many of them had better than the one provided by the State— the Gov- ernors fell into the habit of renting the building, and appropriating the pro- ceeds to their own emolument, and the State ultimately sold it. The State Street House of the present day is the old-time establishment, with such en- largements and improvements as were needed to make a hotel of it. The main building, that part of it that abuts on the street, is the old Governor's residence, but some changes have been made in it. What is now the hotel 42 MODERN BATTLES OF TRENTON. A week later Governor Parker entered upon his second term of service to the State with everything arranged even by his party adversaries, even as his party friends had planned it for him. office, served as the reception and sitting-room. The broad English fireplace, that used to make it a pleasant rendezvous for public men in the winter season, still remains, except that the hotel proprietors have used it as a niche for a drum stove. CHAPTER IV. Which is a Short One to Tell of J. Daggett Hunt's Disappointment. p HE prominence into which his advocacy of the new railroad law had brought him, and the importance of the part which he plajed in the convention that gave Joel Parker the nomination for Governor, encouraged J. Daggett Hunt in the belief that the Governor might ap- point him to the clerkship of the Supreme Court. The position was then, as now, one of the most lucrative in the State House. South Jersey, however, urged the claims of Ben- jamin F. Lee upon the Governor, and for weeks it was un- certain who of them would finally capture the Governor's favor. Mr. Lee was quite as strongly equipped with claims for recogni- tion as was Mr. Hunt. He was not a brilliant platform orator like Hunt, but no man in the State could match him as a spin- ner of delightful yarns. Even up to the time of this writing he maintains his early reputation as one of the most picturesque raconteurs in the State. Quite as much, however, as by his per- sonal qualities, was he commended by his political services to the consideration of the Executive. For years he had been an im- portant factor in the politics of his section, and two or three times had so materially cut down the natural Republican majority of that section that he was regarded as its leading Democrat. The son of Hon. Thomas Lee, who had himself been a prominent public man, he had tactfully improved his oppor- tunities to form the acquaintance of influential citizens, while his own bon homme won him the friendship of the new men with whom he came in contact. For years his home was under the shadow of a glass factory in Cumberland, and the friendship which the hands employed in it felt for him made him popular (43) 44 MODERN BATTLES OF TRENTON. with the laboring element all through the county. He was sent to the Democratic State Committee to represent the inter- ests of the district, and in 1856 was made a Presidential Elector. Subsequently, when he was nominated for the Legis- lature in the overwhelmingly Republican district in which he lived, he came within three votes of carrying it. In 1870 he was given the nomination for Congress. The First district was then, as now, Republican, ordinarily, by 3,700 majority. It had become a retreat for runaway blacks from the South, and these, never pursued, or never overtaken, had settled within its limits. The Emancipation Proclamation which freed them and the negro suffrage amendment which enfranchised them, served to increase the normal Republican majority to close on to 5,000. Mr. Lee accepted the nomination for Congress in the face of certain defeat for the aid which he might render his party in other sec- tions of the State; and his gallant contest reduced the majority to 1,500. These particularly flattering records at the polls pointed him out as an exceptionally strong man in that section of the State, and when the Gubernatorial convention of 1871 assembled, every delegate from the First district went to Tren- ton to urge his selection as the candidate. He let them know that his preference was for Joel Parker, but they were bent upon casting their 118 votes for him on the informal ballot till he insisted upon their yielding to the general demand for Parker's nomination, and he wheeled them into line for the Freehold veteran just in time to turn the tide of battle. South Jersey, therefore, felt herself entitled to some recognition at the hands of the new Governor, and who better than Benjamin F. Lee to receive it in its behalf? Mr. Lee had been in sharp antagonism in Cumberland county with old John L. Sharp, known at that time to every public man in the State. They had been rival candidates for Congress, and their rivalry had resulted in the defeat of both in the Democratic District Convention. Mr. Lee thought that he had the more right to be embittered because of his belief that Mr. Sharp's presence in the convention was rather for the pur- pose of defeating him than in hope of winning the nomination Benjamin F. Lee. 46 MODERN BATTLES OF TRENTON. himself. And so naturally enough it was expected that Mr. Lee would seek opportunities for reprisals. But when, in the following fall, the party went hunting around Cumberland county for a candidate for State Senator, Mr. Sharp was proba- bly more surprised than gratified to learn that Mr. Lee was one of his warmest advocates. " Not that I like a hair of your head," he said to Sharp, " but because I recognize that in the existing condition of affairs you are the only man that can probably win this fight." Sharp retorted that he would look for an opportunity to get square with Mr. Lee, and when he heard that Governor Parker was considering Mr. Lee's name in connection with the Supreme Court clerkship, he hastened to Trenton to say that Mr. Lee was the man who, of all others, ought to be appointed.. After a little delay Mr. Lee's name was sent into the Senate for confirmation. Daggett Hunt had just taken his seat at the table in one of the hotels, when the colored waiter who was bringing him his dinner told him of his defeat. Hunt could scarcely believe his ears. " What's that you said?" he asked of the dusky plate- bearer. " I jest heah," was the response, "dat de Gub'ner done gone made Mr. Lee Clerk ob de S'preme Co't." Hunt almost upset his plate of soup in the energy with which he shot from the table. Seizing his hat, he dashed up to the State House to find out whether the story was true. The Governor was not there, but Eddie Fox, his Chief Clerk, who sat at the desk in the ante-room, assured him that the colored man's information was perfectly reliable. Daggett almost burst into tears. " It is bad enough," he sobbed, " to be disappointed in my expectations, but great heavens ! imagine my humiliation when the news was brought to me by a confounded darky." At that time the colored brother was not in as high favor among Jersey men as he is to-day. The State had been kept in perpetual agitation for two or three years over the constitutional amendment which enfranchised him. The Legislature had re- jected it, and Governor Randolph had won the odium of Demo- MODERN BATTLES OF TRENTON. 47 orats by advising in one of his annual messages, written after the amendment had become part of the United States Constitu- tion, that the State accept it in good faith. Even in the cam- paign that had resulted in Parker's election to the Governorship, it had been an exciting issue, and at the time of Mr. Lee's appointment the people were not yet reconciled to the idea of taking the colored man to their bosom. Of course Mr. Lee was confirmed by the Senate, and he was subsequently re-appointed by Governor Bedle in 1877, and Ludlow in 1882, Green in 1887, and Abbett in 1892. CHAPTER V. Which Tells of the Complications Out of Which the General- Railroad Law Came, and How the Decision of Vice Chancellor Dodd, on the Stanhope Fraud Case, Helped to Bring About the Result. fi^^JI^ LL political matters having been disposed of, the Leg- ' ^^ islature of 1872 went to Trenton with nothing but ^<^^ the big railroad fight to engage its energies. The Senate contained some notable men. It was Repub- lican ; in fact, both Houses were Republican. Edward Bettle was its President; John W. Taylor, a keen-eyed Newark law- yer, with a face suggestive of Indian lineage, represented Essex ; John R. McPherson, who afterwards became one of the most notable figures in State politics, stood sponsor for Hudson ; Levi D. Jarrard, tall and slim, florid, with blue eyes and straight, sharp nose — for all the world like Andrew Jackson in appear- ance and manner — who, during his several terms in the Senate, legislated himself into a powerful middle-State boss, and event- ually into the State Prison, was " the gentlemen from Middle- sex ;" Augustus W. Cutler, a farmer-lawyer from Morristown, who had in a large degree the same elements of popularity that had made Joel Parker strong, was the Morris county represen- tative ; Hunterdon's seat was filled by a man bearing the name of Banghart, which another engaged in the new railroad lobby brought into unpleasant notoriety ; and Salem was made notable by the presence of John C. Belden as her spokesman on the floor. The business of the session had scarcely begun before the railroad giants began to go at each other. General Carse, a military orator of the Assembly, was the first to make a move in the battle of the session. Carse had been a conspicuous and picturesque figure in the carpet-bag era of politics in Florida, (48) MODERN BATTLES OF TRENTON. 49 Some of the readers of this volume may remember that he was concerned in the somewhat violent establishment of a carpet-bag Legislature of that State during the reconstruction period. He was a fellow of superb audacity, and perfectly fearless — just the man to take the sort of risks which the leaders of the oppo- sition to the general railroad law were required to face. His shot in this battle was in the form of a resolution calling for a committee to make an inquiry into the terms of the lease of the Joint Companies to the Pennsylvania Railroad Company. This was followed in the Senate by an act attacking the lease. The spirit that it was hoped to arouse by these hostile movements was revealed by Mr. Cutler's motion in the Senate, that a majority of the directors in the leasing concern be residents of New Jersey. That the property of the Joint Companies had gone into the possession of a syndicate of foreign capitalists was a circumstance employed by the opponents of the monopoly as a pretext for an attack upon it. Senator McPherson met Mr. Cutler's motion with the suggestion that the owners of a stock company should not be disturbed in the control of their prop- erty, and that such a requirement as Senator Cutler had insisted upon would discourage foreign capital from assisting further in the development of the State's resources. The Senate bill does not seem to have got beyond the stage of second reading, and General Carse's investigation was " called off." There are some people who suspect that it was introduced for that very purpose. The anti-monopoly sentiment of the State had, however, secured a firm footing in the Assembly, and the announcement toward the close of March that the Phila- delphia and New York Railroad had boomed its bill through the House, was received with wild acclaim everywhere. The promoters of the bill were shrewd enough to forestall the oppo- sition to its passage that the corporation whose directory was entirely unknown to Jerseymen might make to it, by naming in their bill as the incorporators of their road, a list replete with names familiar to all Jerseymen, and the act was en- thusiastically rushed through the House with the cry that it provided for Jerseymen a road run by Jerseymen. 4 4- 60 MODERN BATTLES OF TRENTON. It will not escape notice that the Assembly act proclaimed in its title that it was for a through competing line between Phila- delphia and New York. A more secret attempt to accomplish its object was made by the introduction into the Senate of a bill conferring a franchise on a road to extend ostensibly from Flemington to Lambertville, but which, by the linking of other authorized lines with it, was to complete the opposition route between the two cities. Senator McPherson easily guessed the surreptitious scheme of the Senate bill, and opposed it on the ground that a road already covered that route, to which Senator Banghart replied that it did not accommodate the New Jersey public. Senator Cutler, and Senators Hewitt, of Mercer, and Williams, of Passaic, urged the passage of the act. Senators Taylor and Bettle aided Mr. McPherson in arguing against it, and it was lost by a vote of six to nine. That vote was the forerunner of the defeat of the House bill when it reached the Senate, and toward the close of March the Senate refused to pass the act. The capital was filled with excitement when the result be- came known. An impromptu demonstration at the Trenton House lauded the Senators who had voted for the bill; and Barton, who had introduced it into the Assembly, was given a serenade. There was some humor mixed with the indignation with which the failure of the enterprise for the year was received. When Secretary Sinnickson Chew stepped in front of the Speaker's desk to announce the unwelcome result to the Assem- bly, Assemblyman Fisher, of Middlesex, fired a bright quip at the stubborn Senate : <' Whereas, The Secretary of the Senate has reported to this House that the Senate has refused to pass the Philadelphia and New York Eailroad bill ; therefore, be it " Resolved, That the Clerk of this House be requested to inquire of the Sec- retary of the Senate why the Senate refused to pass the same." The sentiment against the continued domination of the monopoly that had fallen into foreign hands, grew apace, how- ever, and by the time the Legislature of 1873 assembled it had acquired enormous force. MODERN BATTLES OF TRENTON. 51 As in 1872, both Houses were again Republican. The selec- tion of John W. Taylor to its Presidency was an evidence that the Senate was still within the grasp of the old monopoly ; the choice of Isaac L. Fisher, of Middlesex, to the Speakership, was the sign of the prev- alence of an opposi- tion sentiment there, and it was evident at the very opening of the session that the two Houses were destined to lock horns in one of the greatest railroad struggles in all the State's history. Among others who went to Trenton to represent one of the constituencies in the State, was a quiet and unassuming little farmer from Morris. " The boys " all called him " Gus ; " in official verbiage he was known as Assemblyman Canfield. He had scarcely taken his seat in the House before he sent to the Clerk's desk a little act which the newspaper correspondents, when they saw it, dismisfed with a line, but which in the end became the absorbing topic of the session. It authorized any thirteen persons to form a railroad company under certain arti- cles of association to be filed in the Secretary of State's office, when capital stock to the value of $1,000 for every mile of rail- road projected by them had been subscribed. Its importance was overshadowed by the presence on the files of another act aimed more directly at the mark. This second act was for the incorporation of the New York and Philadelphia Railroad Company ; and it authorized a number of well-known opera- tors — among them, George Richards, Cortlandt Parker, John K. Cecil, Samuel C. Forker, A. C. Cadwallader, A. P. Ber- Isaac L. Fisher. K: 52 MODERN BATTLES OF TRENTON. thoud, G. N. Abeel, William Walter Phelps, Abram S. Hewitt, Charles K. Landis, Abraham Browning and Amos Clark — to construct " a safe and substantial line of communication across the State." The capital was fixed at $7,000,000, and the route was to be over the line from Bound Brook to Trenton. Canfield's act was sent to the committee and held there with an indiflFerence born of the idea that it had no necessary relation to the great fight on hand. Men forgot all about it, while an enormous and picturesque lobby struggled over the less sweep- ing bills that went straight to the core of the issue. That lobby, and its methods and extravagances ! There were I ^Id George Dorrance, veteran legislation manipulator, and cool, keen, black-eyed Culver Barcalow, handsome in spite of his drooping eyelid, to conduct the difficult defensive battle on the part of the Pennsylvania Railroad. Culver Barcalow, the keener and busier of the two, was the very antipode of Johnson Banghart, the active head of the attacking forces — ostensibly the counsel of the Air Line, really its lobbyist — dashing of manner, loquacious, loud-voiced, tall, straight, of full habit, and strut- ting, gaudy and showy in dress, with streaming neckwear of brilliant hues, and diamonds gleaming from breast and fingers f Barcalow, on the other hand, smooth, quiet, polite, insinuating, always attired in suit of sleekest black of perfect cut and hang, with a single unobtrusive glint in his spotless shirt front. The lugubrious Henry M. Hamilton, of polished manners and scholastic finish, whose tall form in long coat buttoned close to the neck, gave him the air of a country parson, was the gorgeous Banghart's associate and chief. He had made himself the central figure in a syndicate that had purchased acres and acres of prop- erty on the line of the new road, and was looking forward with hungry anticipation to the time when the building of the line would bring these speculative possessions of his into the market and turn them into gold. And with them — short, slim, ner- vous, light-haired and pale-faced — was Delos E. Culver, a plunging New York speculator and contractor, who was quoted as having millions within his reach, and whose brother, Isaac B., stood for him in the new directory. E. C. Knight, wha MODERN BATTLES OF TRENTON. 53 had been a director in the Pennsylvania Railroad, associated himself with them ; and Samuel K. Wilson, of Trenton, made himself conspicuous by the zeal with which he espoused the interests of the new line. Another active and influential parti- san of the scheme was Lewis R. Taylor, of the Taylor Iron Works of High Bridge, a man of considerable fortune and wide family relations, whose cool sagacity and indomitable resolu- tion were of great service in the struggle. Assisting the chiefs on either side in their strategic warfare, swarms of satellites, buttonholing members, carrying messages, "seeing men," fluttered hither and thither; corks popped at the bars, sumptuous dinners at the big hotels, wine banquets lasting till the early hours of dawn, terrapin and steamed oysters on demand in every basement — it was an endless revelry for the men with votes worth having and palates worth tickling. To further counteract the efforts of the Philadelphia and New York Railroad people, so much of the press as was controlled by the Pennsylvania Railroad and the company's hired orators everywhere began to clamor for the passage of a general rail- road law. " If a competing line between New York and Philadelphia is to be built," was the run of their argument, " why not make it possible for any syndicate to construct it ? Why confer so val- uable a franchise upon a particular lot of men ? Throw the gates open to anybody who desires to build one. And besides, our railroad laws are too exclusive anyhow, and too limited in their operations. Why not throw the whole State open to capi- talists who desire to spend their money in the development of her resources? Instead of conferring a little franchise here and a little franchise there, let us make it possible for anybody to build a railroad wherever a railroad is wanted. If railroads are beneficial to the State, the more of them the better, and the freer the franchise the larger the number of them that will be built." These arguments, especially intended to act as buffers for the growing public sentiment for the chartering of the new road, struck a popular chord, and it was not many weeks before the 54 MODERN BATTLES OF TRENTON. State was quite thoroughly convinced that they pointed out a very admirable solution of the whole problem. They did not, however, have any immediately perceptible effect upon the treatment of the question by the two Chambers of the Legisla- ture. Each branch adhered to the particular bill that had been framed for it, conferring the same franchise upon two antago- nistic corporations, and devoted all its time to its passage. \^ The New York and Philadelphia Railroad bill was called up on a second reading in the House near the end of January. General Carse sprang to the front at once with a motion that it be laid over till the following Tuesday. Assemblyman Frank Ward — the Bald Eagle of Sussex — speaking for the motion, de- clared that the bill was being rushed through in a most shame- less manner, and urged that the members be allowed an oppor- tunity before voting on it to acquaint themselves with the char- acter of some amendments the committee had incorporated in it. One of the allurements held before the Legislature for its favor was a proposed gift of a half million dollars to the State for the franchise, and Canfield explained with some warmth that the only change made in the committee was one devoting the half million dollars to the State School Fund. Assemblyman Garret A. Hobart, of Passaic, went into more elaborate expla- nations of the character and effect of the amendments, and diverging into a little disquisition about the much-talked- of free railroad law, declared that it had been agitated for five years,, and that the House was as well posted then as it would be in the five years to come. George Patterson, of Monmouth, announced himself " prepared to vote for such a noble bill as this." In spite of all their efforts to advance the measure on the calendar. General Carse's motion was agreed to (29-24), and when Tues- day came, Mr. Macknet had it put back in the Committee on Corporations. The next day the committee gave it a hearing, with a vast throng of interested citizens in attendance. J. Dag- gett Hunt was there to make one of his characteristic speeches in favor of a general railroad law, but was crowded out to make way for Cortlandt Parker and B. W. Throckmorton, who spoke for the bill itself. MODERN BATTLES OF TRENTON. 55 While legislation was in this shape, Vice Chancellor Amzi Dodd accidently threw fresh fuel into the anti- monopoly flame. The Legislature of 1872 had passed an act naming George Richards, Isaac B. Jolly, Edward Canfield, William Allison, William Jackson and others as the Stanhope Railroad Com- pany. Stanhope is a small mining settlement in the Morris mountains; and, on the faith of its promoters' assurances that it merely conferred a franchise on a little ore road up in Morris, the act floated along with other legislative drift- wood of the session to the statute books as something harmless. When, however. Secre- tary of State Kelsey's office began to be be- sieged by those who had been known for their conspicuousness in the National Rail- way controversy, for scores of certified copies of the act, suspicion was aroused, and the Penn- sylvania officials began to smell a mouse. Upon an examination of the act, they discovered to their sur- prise that one section of it, the eighth, conferred upon a lot of little roads the right to consolidate themselves into a competing line between New York and Philadelphia. When Dorrance and Barcalow were summoned to the offices of the Pennsylvania Railroad Company for explanations, they declared by all that was good that that eighth section had not been in the bill at any stage of its progress through the Houses, and that it must Amzi Dodd. 56 MODERN BATTLES OF TRENTON. have been smuggled into it dishonestly. Its purpose became the more manifest when Hamilton, Culver, Banghart, and the rest assigned the franchises it conferred upon them to a line of leagued roads under the style and title of the National Rail- way Company, and work on the construction of a New York and Philadelphia line in competition with the Pennsylvania Railroad was begun. The attention of Governor Parker had been called to the act by this time, and on the last day of April he indited a letter to Edward Bettle, the President of the Senate, and Speaker Niles, of the Assembly, advising that as each had certified the bill to him as having been passed by the Houses over which they respectively presided, they owed it to themselves and to the public to institute an investigation, " and if it be found that an inter- polation was fraudulently made, to inquire how and by whom it was accomplished and to publish the facts." Three days later both Mr. Bettle and Mr. Niles joined in a letter responding to the Governor's inquiry. They declared that " the manuscript copy of the bill as introduced into the House and now on file, has been by us carefully examined, and we find that the bill certified as having passed in our respective Houses contains provisions not in the original bill. The eighth section of the bill, as filed in the office of the Secretary of State, differs materially from the same section of the original bill. An addition has been made to the section greater in length than the section itself as introduced, which addition purports to give the company much greater powers than did the original bill. This addition was surreptitiously and fraudulently interpolated, and the proof of such fraud and interpolation is the fact that the original bill in its eighth section contained no such provision, and that in no stage of its progress in either House was any amendment, alteration or addition made or offered. The bill in question, therefore, while apparently receiving the sanction of both Houses and the approval of your Excellency, never in reality passed either House." Through Isaac W. Scudder, a fat and jolly Jersey City law- yer, who was the company's chief legal adviser, the Pennsyl- MODERN BATTLES OF TRENTON. 57 vania Railroad Company applied for an injunction restraining the men responsible for the fraud from reaping the benefit they had expected from it, and enjoining them from continuing the movement looking to the establishment of the projected new through route between New York and Philadelphia. Chancel- lor Zabriskie was in Europe at the time, and the application was made to Amzi Dodd, the Vice Chancellor, the peer of the Chancellor in legal skill and learning. The hearing extended over several months. The Pennsylvania Company produced proofs in support of its theory that the bill had been tampered with and the preg- nant and vital clause fraudulently interpolated while it was in transit from the Governor's office, after signature, to Secretary of State Kelsey's department for filing as a statute of the State ; and of the allegation in its pleadings that Hamilton, " on behalf of himself and some of his confederates," demanded of the National Railway Company, and received from it, the sum of $162,800 which "had been paid out by them to procure the passage" of the act in question. This money, the petition of the railroad company further alleged, was divided by Hamilton with some of the Commissioners named in the act incorporating the Stanhope Road, and with " certain members and officers of the New Jersey Legislature." Vice Chancellor Dodd's chambers, the morning he read his opinion, were crowded to suffiacation by interested railroad men. He took the advanced ground that a surreptitious bill establish- ing a spur between the two completed ends of the competing roads, could not confer a franchise to run cars over the State from Philadelphia to New York ; that unless the Legislature understood that the purpose of the bill was to establish a through route between the two cities, its grant of a franchise to a little local road could not be effiictive to that end ; in other words, that if the Philadelphia and New York Railroad wanted to establish a through route, any bill through which it sought that privilege must be thoroughly understood by the Legisla- ture and the Governor of the State as conferring it, and no 58 MODERN BATTLES OF THENTON. secret attempt to steal the franchise under cover of clothing a little local road with life would be allowed to succeed. The excitement created by the decision was simply enormous. Coming right on the eve of the decisive battle between the two corporations in the halls of the Legislature, its importance may be imagined, but its eiFect can scarcely be described. The Vice Chancellor was praised and denounced by turns — commended for having stamped on a vicious abuse of the State's highest pre- rogative, and denounced by the cheated men who had expected to profit by the fraud. He was bombarded with anonymous letters. His enemies sent copies of unfavorable papers to his wife. He was portrayed in cartoons, and charged with having been influenced by financial considerations to favor the Pennsyl- vania Railroad Company. His decision helped to give new force to the drift of public sentiment. The people had been impatient of the monopoly that sought to keep every competing line out of the State, and their sympathies had been given in large measure to those inter- ested in the new line movement. But the suspicions with which the revelations made during the course of this litigation had covered them, now made them also objects of distrust. The Commonwealth began to feel that it could not safely look for relief to a band of ipen who did not scruple to resort to crime to attain their ends. vThe only escape from these legislative ban- dits on the one side, and the legislative monopoly on the other, was a bill that should favor no road, but open the way for the use of the soil to all roads with wise restrictions ; and, so, aa enormous impulse was given to the demand for a free and general railroad enactment. It was while this wave of popular excitement and agitation was rolling over the State that the National Railway bill, or the Philadelphia and New York bill, as it was variously called, was to be given a hearing before the committee to which Mr. Macknet had had it recommitted. The Assembly Chamber was filled with an excited populace at the hour fixed for the discussion. The committee, for some reason, failed to put in an appearance, and the impatient throng began to clamor MODERN BATTLES OF TRENTON. 59 for speeches by some of the noted men who were seen in the crowd. Daggett Hunt, the most magnetic talker of them all, was lifted on the shoulders of a party of men, carried to the Speaker's chair and called upon for an address. His impas- sioned oratory evoked a wild applause that made the building tremble. It was for a general railroad law that he spoke. If railroads were necessary to build up the State, the franchise should be free as air. " I would take every railroad bill," he thundered, while the crowd broke into tumults of applause, " and put it in the waste basket till a vote is taken on the General Railroad bill." The next day the Philadelphia and New York bill was called up in the Assembly for a second reading again. Ward led the fight against it and was well seconded by Schultze and Morrow. The plea they interposed to block its passage was for the elimi- nation from the list of incorporators of the name of every man not a Jerseyman, and Ward called the $500,000 gift to the State School Fund a bribe. Canfield and Hobart made a gallant fight, however, for the advancement of the bill ; and, all the efforts of its enemies to amend it out of shape defeated, it was ordered to a third reading in the form in which it had come from the committee. Three days later it passed the House by an overwhelming majority. Assemblymen Anderson, Barnes, Carpenter, Carse, Cooley, Farrier, Foreman, Lee, Plympton, Reardon, Schultze, Ward and Whittaker, were the little hand- ful of thirteen who felt it safe to oppose it. Preparations were made, of course, to rush the bill over into the Senate and force the corporation adherents over there to deal with it. But by the time it reached the Secretary's desk they had anticipated its arrival by pushing forward the counter act known as the New Jersey Railroad act, and authorizing the running of trains over the same territory covered by the New York and Philadelphia bill, but under the auspices of the Penn- sylvania Railroad stockholders. < Late in the night of the same day on which the House bill •passed, the Senate called up this decoy measure for final passage. The Constitution exacted thirty days' preliminary notice in the 60 MODERN BATTLES OF TRENTON. newspapers of the inteation to apply for legislation of this special character. As the bill was an after- thought, devised in a sudden burst of inventive ardor only to offset the clamor for the competing line bill, that notice of the New Jersey Railroad act could not be produced. The men in the Pennsylvania's lobby were not of the kind to let a trifling constitutional bar like that stand in the railroad's way; and to give their bill a semblance of regularity they slyly appropriated the advertised notice of another bill and compelled it to do service for the emergency. Senator Sewell, himself a conspicuous Pennsyl- vania Railroad man, admitted with characteristic frankness, when the omission was called to the attention of the Senate, that the expedient had been resorted to ; but Senator McPher- son made a grand appeal to the chivalry of his colleagues when he argued that it was an imputation on the integrity of the committee that had reported the bill as having gone through all the necessary formalities, to intimate that it had not. The Sen- ate followed the lead of these two conspicuous advocates and condoned all the irregularities that had marked the birth of the measure, and while the crowd on the floor and in the galleries looked on with bated breath, put it through its stage of final passage just as the hands of the big clock over the Senate door marked the hour of midnight. Of course the fact that the Senate had disingenuously com- mitted itself to the enactment of the decoy bill did not prevent the friends of the Philadelphia and New York biJl from urging the passage of their act in that body. The familiar expedient of smothering the bill in the Committee on Railroads and Canals was employed, till Senator Hewitt rose in his place to demand that the committee report it to the Senate for action. It hap- pened that Senator Hopkins, Chairman of the committee, and Senator Jarrard, another of its members, were absent at the time, and there seemed to be some question as to whether the bill could be produced. It was suspected that Hopkins wa^ purposely absenting himself with the bill in his pocket. Th event proved that the suspicion, while not exactly unjust, wa not just exact. He had left it in the hands of Senate Secretar MODERN BATTLES OF TRENTON. 61 Babcock, but with iostructions to Babcock "not to let it get out." Sewell, Stone and McPherson went to the defense of the committee, and Hewitt's resolution was toned down so that it softly " requested," instead of savagely " instructed " the com- mittee to present it to the Chamber. And so, in spite of Hop- kins' directions to Babcock " not to let it get out," the bill did get out, and was put upon the calendar and progressed to a third reading. On the 4th of March it was called up on final passage. Hewitt, of Mercer, made a warm speech for it, and Cutler, of Morris, also advocated it vigorously. McPherson was against it, because he was in favor of conferring these franchises by a general railroad bill, and not by one that conferred special fran- chises on a party of operators who had been guilty of the Stan- hope frauds. " If they should demand the passage of this bill," he said, " I should say that it was beneath the dignity of a Senator to give them, as a matter of justice, what they have only failed to obtain by fraud and stealth." Senator Stone, of Union, who favored the bill, was yet forced to admit that some of the parties agitating for it should be in the State Prison, but he thought he made things even for them when, in the next breath, he declared that he could say the same thing of some who were opposing the bill. Mr. Williams could not understand this new-born zeal for a general railroad law. It had not shown itself till this bill came into the Senate, and when its fate was decided he had no doubt that they would hear no more of general railroad laws. The vote was taken while great throngs in the galleries and on the floor listened to the responses with eager interest. " Cul " Barcalow, in the shadow of one of the columns that towered alongside of the President's desk, and Dorrance, in the shadow of that on the other side, took mental note of the vote. As they had assured themselves before the roll-call was commenced, the act lacked one of the eleven " ayes " needed to pass it. Senators Banghart, Joe Cornish, Cutler, Havens, Hendrickson, Hewitt, Stone, Taylor, Williams and Wood responded in the affirmative. The 62 MODERN BATTLES OF TRENTON. eleven whose nays defeated it were Beesley, Edsall, Hopkins, Irick, Jarrard, Lydecker, McPherson, Moore, Newkirk, Sewell and Shepherd. The scene that ensued the announcement of the result beggars description. Barcalow and Dorrance deemed it prudent to dis- appear from view, while the air became vocal with denuncia- tions of those who had been instrumental in defeating the act. Hisses mingled with cheers from the crowd in the gallery, and some one shouted " Kill him ! Kill him ! " at one of the Senators whom an angry man in the crowd had bearded at his very desk. Popular frenzy was directed with special energy against the bulky Lydecker, who represented Bergen county in the Senate, and he had to ask the protection of a lobbyist, who saw him safely through side streets to his hotel. Edsall was also an uncertain quantity through it all. The National Railway people claimed that he was ready to act wiih them ; and at one time when, with his vote, the passage of the bill seemed imminent. President Bettle forestalled it by declar- ing an adjournment without even waiting for the formality of a motion. They say, however, that their apparent ability to pass the bill drove the Pennsylvania Railroad Company into dffers of compromise; that an agreement was reached between the managers of both, even before the bill was defeated, that both should aid in the passage of a general railroad law, and that the defeat of the bill by the Senate was but an empty formality that had been prearranged between them. Whatever the fact about this may be, it is certain that the ad- vocacy of the general railroad law by the Pennsylvania Railroad as an offset to the growing strength of its rival, logically com- mitted it to aid in the passage of such an act. The day follow- ing the defeat of the National's bill, that retiring little railroad act, which the modest Canfield had quietly committed to the House Committee on Corporations at the opening of the session, was dragged like a legislative Lazarus from its committee tomb into the arena, rushed upon the calendar and whooped through the Assembly with a hurrah. With the exception of Reardon and Foreman, every member of the House gave it his vote. MODERN BATTLES OF TRENTON. 63 The galleries broke into cheers so prolonged that a recess was found necessary to let the pent-up enthusiasm of the spectators spend itself; and on re assembling after the tumult had subsided, Andrew Jackson Smith, a consequential Mercer member, aroused the echoes afresh by the offer of a resolution directing the AHjutant-General to furnish ordnance for the firing of a hundred guns on the " green " in front of the State House in honor of the victory. Even if it had not entered into the arrangement claimed by the National men to have been made, the Senate could not stand stiff against so overwhelming a dem- onstration, and five days later it, too, passed the bill by unani- mous vote. It was hastened to the Governor. He appended his signature to it after it had been compared, and by the 12th of March it had become the law of the State. Forty minutes later the National Railway Company filed its notice under the act and took the franchise which for five years it had been so savagely struggling to secure. The State hailed the placing of her franchise at the disposal of all who were able to assist in the development of her resources as a new earnest of prosperity and went wild with joy. Trenton was filled with brass bands and the hotels were besieged by enthusiastic throngs. Canfield was called from his bed in his night-dress to make responses to one serenading party after another till daylit^ht came. There were music and cheers for all the men who had been conspicuous in their advocacy of the bill. Hamilton opened the wine cellars of the Trenton House to all comers; and the hundred guns for which Andrew Jack- son Smith'n resolution had called, belched the glad tidings across the D^^laware into the wilds of Bucks county. Jubilee meetings were h^'ld in almost every town and village. An especially noticeable one filled Taylor's Hall in Trenton three days later fr<>m pit to dome. Daggett Hunt, who had been the most eloquent advocate of the new policy, was the lion of the hour at this gathering Joseph C. Potts, ex Governor Rodman M. Price and B. W. Throckmorton followed him in felicitating ^speeches. Frederick Kmgman, one of the most ardent of the 64 MODERN BATTLES OF TRENTON. local promoters of the triumphant measure, presided at the memorable gathering. What is now known as the New York and Bound Brook Railroad was the outcome of the efforts of the National Railway syndicate. The Pennsylvania Railroad fought its construction at every step. Preparations were under way at that time for the pretentious observance, in 1876, of the National Centennial by a great exhibition of the nation's industries at Philadelphia,, and the struggle between the two great corporations became one for the expected traffic which that exposition was sure to invite between New York and the Pennsylvania metropolis. The National Company hastened forward with its work to open its road in time for the great year of travel. Whenever it wa& possible for the older company to stick in an injunction or other court process for delay, it was done. The two roads came into violent collision at a point near Pennington, where the new road projected a crossing of the bed of the old road. Locomo- tives were run up to the point of intersection, and stationed there to block the insertion of the needed frog. The em- ployes of the two roads engaged in battles, with stones and crowbars and hammers for their weapons, and the public peace was so seriously menaced that it became necessary for the Gov- ernor to call out the militia for its preservation. The frog was inserted under the protection of the State's arms, and the pro- jectors of the new line went on with the extension of their tracks towards Philadelphia. At the Delaware river the new company met another obstacle. The Pennsylvania Railroad Company believed that it had suc- ceeded in having the General Railroad law so framed as to make it impossible for the new company to carry its road over the State's riparian land beneath the surface of that stream. There was a cross- war of injunctions and petitions and everything else in the legal line between them that ended in a decision favorable to the National Railroad Company, and its connection between New York and Philadelphia was finally completed. MODERN BA.TTLES OF TRENTON. 65 The triumph of the free- railroad idea, as determined in this contest, initiated a new era, not only in railroad legislation in New Jersey, but to a large extent, also, in political relations. The old Camden and Amboy idea was from that time abso- lutely eliminated. The Pennsylvania management was com- pelled to recognize the new conditions, and while it maintained an active lobby during legislative sessions, it was not able to exert, during ordinary political campaigns, that close supervision of counties and neighborhoods which had been formerly exer- cised by the Camden and Amboy regime, under which every candidate, Judge, Sheriff, Constable, or political leader in the State, was more or less actively retained in that interest. 5 CHAPTER VI. In Which the Steps by Which the State Acquired Title to Under- water Lands are Traced, and the Story of the Establish- ment OF Her Free School Fund is Told. OMPLICATED with these questions of monopoly rights and exclusive franchises and transit duties were others of equal importance and interest growing out of the ownership of the shore front. A dispute between the States of New York and New Jersey over the boundary line between the two States in the Hudson river, precipitated a dis- cussion that brought the whole question of the ownership of underwater rights to the attention of the public. Half a cen- tury or more ago the Legislature of New York granted to a man named Gibbons the sole right of using the Hudson river for traffic purposes between New York and Albany. For the greater part of its course the Hudson river lies within the ter- ritory of New Y^'ork State ; but after it passes the Palisades, on its way to the sea, it washes the shores of New Jersey. The grant made to Gibbons was on the assumption that where the river flowed between the States the sovereignty of New York extended clean across it to low-water line on the New Jersey shore. A Jerseyman named Ogden, inclined to dispute New York's right of eminent domain off the Jersey coast, set up a line in opposition to Gibbons, and started to run boats on the New Jersey side of the river between points on the Jersey shore. At Gibbons' instance, the New York State courts enjoined him from running his steamers, on the ground that his charter was in contravention of that which had been given by the New Y''ork Legislature. The position taken by the New York Slate authorities in defending the Gibbons grant was sustained by all (66) MODERN BATTLES OF TRENTON. 67 of the New York courts, and Ogden succeeded in gaining the ascendancy only when the United States Supreme Court decided that the right of eminent domain in the river was shared by the States alike — that New York was supreme from her shore west- ward to the middle of the stream, and New Jersey supreme from her shore eastward to the middle of the stream. Having thus secured recognition to a title in the river, New Jersey naturally became interested to know what the character of that title was, and even as early in the history of the litiga- tion as that hints were thrown out that she had a title in the land under the water adverse even to that of the owners of the contiguous upland. To the lay mind it seems difficult to dissociate the idea of the ownership of the upland from the idea of the ownership of the fiea rights beyond. There could seem to be but little question that he who owns land right down to the water's edge is also the owner, as a matter of course, of whatever private rights can be reserved in the water that washes it. There are rights of navigation and transit and fishing in running streams or in bodies of water where the tide rises and falls, that must always be reserved for the public. That, everybody can understand ; but it is difficult to comprehend what system of logic can justify a stranger in stepping to a man's water front and claiming and exercising adverse rights in the submerged land that is appur- tenant to it. There had, however, been suggestions as early as 1845 that perhaps a shore-owner's rights might be limited to the land which he could see, and that the sovereignty over submerged land lay with the State. It was insisted that the State's title could be traced back to the King of England without a break, «,nd that the State succeeded to the domain which the kings had not specifically granted to private or corporate owners prior to the Revolution. But, perfect as her title was claimed to be, the State prudently abstained from an active invasion of the lands and contented herself with regulating the private use of the streams only so far as was necessary to prevent encroach- ments upon the public rights. 68 MODERN BA.TTLES OF TRENTON. The Wharf Act that was for many years in force was far from assuming that a stranger had a right to go to a man's shore front and extend a dock or pier from it into the river or bay ; it merely laid down the lines within which the ripa- owner must himself build. Its sole purpose was to protect the streams against invasions from the shore that might interfere with their flow or their proper use by the public for navigation and fishing pur- poses. It, indeed, enabled any shore-owner to appropriate the water rights beyond his water line by extending docks and piers^ Hosts of the shore-owners availed themselves of this privilege. Early in the seventies, James Hoey, of Trenton, and a Rah way associate desired to go beyond the designated filling line, and they applied to the Legislature for permission to do it. They expected this grant for nothing; but Senator Little, of Mon- mouth, and some of his colleagues, insisted that if the State- could confer a privilege of that kind she should be compensated for whatever rights she parted with to the applicants, and a dis- cussion that was bigger than the grant supervened. Hoey and his fellow- petitioners were backed by commanding influences itt the controversy, but Senator Little carried his point, and so was passed the first riparian bill that ever went through the New- Jersey Legislature.- It is doubtful if the State would ever have dared to have done more than to make these occasional grants beyond the solid- filling line if the scandalous contentions over the shore rights on the Hudson county front of the Hudson river had not made some police supervision of the river necessary. Dudley 8. Gregory, A. O. Zabriskie, afterwards Chancellor; Peter Bentley^ Commodore Stevens, John M. Cornelison and others interested with them, were purchasing uplands and absorbing the water privileges conferred by the Wharf act. They were partly moved by the speculative spirit and partly acting in the inter- est of the railroad corporations that were reaching out for every inch of submerged land that could be turned into solid ground ; and, even after the State had interposed her claims to under- water lands in order to protect them from these invasions, she found it necessary to invoke the love of the people for the MODERN BATTLES OF TRENTON. 69 State's school system as a means of popularizing what many re- garded as an usurpation on her part, and to play a skillful game of bluff by way of giving fictitious value and strength to her title. The story of the methods those who interested them- selves in her behalf employed to establish her title to these great stretch^ of riparian front is one of exceptional interest. The railroad aggressions were due to the greed for terminal facilities close to the Metropolis, and it was, consequently, in the controversy between her and the railroads over the Hudson county shore front that the skillfully-developed propaganda of the State was first successfully set up. The Morris canal had, under the Wharf Act, built out into the bay off the Jersey City shore front and inclosed about forty acres of land. Ships had harbored there, and Senator Little called attention to this invasion of seamen's rights and precipitated the inquiry into the State's riparian rights. The Jersey Central was the first to attempt these systematic invasions, and the first to create the situation which enabled the statesmen of the Commonwealth to get in their big licks in her behalf for the ownership of the disputed territory. This com- pany had begun to exhibit the unhappy faculty of squatting upon valuable land that seemed to have no visible owner and appropriating it to its own use; and it had prepared in this way to take possession of the Jersey City shore front which lay on South or Cummunipaw Bay. The shore at that point was escalloped by the river, and a mud flat with an overlay of shal- low water extended for nearly a mile into the stream. The company prepared to fill in these flats and make solid ground to a point from which its piers and ferry slips could be easily ex- tended to the channel. It proposed to do this in defiance of the protests of the owners of the adjoining uplands — who claimed, of course, that their water rights extended into the river ; and, to armor itself with a colorable title against them, it conceived the idea of persuading the State to make a grant of the property. John Taylor Johnson was at that time its President, and through his agency a party of New York capitalists interested in the big corporation organized themselves into the American 70 MODERN BATTLES OF TRENTON. Dock and Improvement Company. Their object was to secure from the Legislature a free grant of all the water frontage in Hudson county, extending from South Cove to Cavan Point. The State riparian zealots met the bill with the claim that the State herself had a title in this great water front that she could not be expected to give up for nothing ; and it was in the hope of popularizing this claim that she started the idea of devoting all moneys received from riparian grants to a great fund to be forever sacred to the maintenance of her free school system. The American Dock and Improvement Company was not to be balked by any such agitation as that, and persisted in its- efforts with the Legislature of 1864 so successfully, that it boasted of no less than fourteen votes in the Senate for its bilL It was in this crisis, and the night before the vote was to be taken, that Augustus W. Cutler, Francis S. Lathrop and John L» N. Stratton, who were among the prime movers in the free school fund idea, sprang the proposition that seemed to give a Augustus w. cutler. j^g^j ^^^ tangible value to the State's claim. They made a pub- lic offer to buy for $1,000,000 the lands which the American Dock and Improvement Company were trying to take without price. Their formal offer appeared in three Trenton papers — the "State Gazette," "True American" and " Emporium "—the morning the vote was to be taken in the Senate. It was a stunner for the fourteen avowed advocates of the railroad bill. For,, where was the man who would dare vote to a party of foreigners for nothing a title for which native Jerseymen were willing to pay a round million ? And they halted for the consideration of a counter bill providing that the Legislature should make na grants of wa<^er front property until a commission consisting of Cortlandt Parker. 72 MODERN BATTLES OF TRENTON. J. R. Wortendyke, John Linn, Joseph T. CrowelJ, John L. N. Stratton and James B. Dayton had first determined the rights of the State in regard to the lands under water out to low tide. The opinions of lawyers were sought upon the question. The agitators of the State's rights were not satisfied that Attorney- General Frederick T. Frelinghuysen, who was himself counsel for the Dock and Improvement Company, would favor their contention, and on their behalf Mr. Cutler even solicited Gov- ernor Parker to name a special lawyer to investigate the sub- ject from their standpoint. Governor Parker was naturally delicate about acceding to this request. He regarded Mr. Fre- linghuysen's high character as a sufficient guarantee against a biased opinion; and Mr. Cutler and his associates themselves sought the written opinions of outside lawyers. One of these from ex- Attorney-General Browning, of Camden, and another from Cortlandt Parker, of Newark, sustained the State's title. The opinions of Attorney- General Frelinghuyssn and Coun- selor Abraham O. Zabriskie, afterwards Chancellor, who became rich through his traffic in these same disputed lands, declared, on the other hand, that the claim of the State was a practical invasion of private rights. The Jersey Central was forced by these means to pay be- comingly for the water rights it desired, aod the bill authorizing the State Riparian Commission to ascertain and declare the rights of the State passed. Robert C. Bacot, well known as an engineer in Jersey City, was instructed by the Commission to direct and superintend the surveys in the easterly part of the State; E. H. Sanders, of Camden, to superintend those on the Delaware front. The im- portant branch of the work was in the hands of Mr. Bacot, who was afterwards made the Engineer of the Commission and at the time of this writing still held the position. After careful in- quiry, the Commissioners decided that the title to the lands under tide-waters rested with the State, and that the property of the upland-owner did not extend beyond low- water line. It was cautious in asserting its prerogative, however, and gave the owners of lands situated along or upon tide- water, the privilege MODERN BATTLES OF TRENTON. 73 of building docks or wharves on the shore in front of their lands to low water mark, and when so built to appropriate them to their own uses. But the Commissioners quietly inti- mated they were " not prepared to take the lead in advising that the shore -owner has now by law an absolutely vested right to this preference." A memorable contention between the Matthieesen Sugar House people and the Morris Canal Company, gave the State a better opportunity to as- isert her title in an effective way, and she was not slow to seize it. The Sugar House had located at the foot of Washington street, in Jersey City for the water privileges that were accessible in the South ■Cove. When the Jersey ■Central began to fill in, in the Cove, the sugar refiners feared the de- struction of their harbor. They appealed to the State for a grant of the water rights. The Mor- ris Canal was already in possession of the same water rights, and in self- protection it opposed the Matthiessens' application with a demand that the State's title should be con- ferred on the canal company. A lively hustle for the pre- cedence supervened. The Morris Canal officials pulled the longer stroke with the State authorities, and the grant was given to them, but not till the sugar refiners had secured the insertion of a proviso that the waterway should be forever kept open, at the canal company's expense, for the traffic of their craft. When Jersey City subsequently made an attempt to extend Washington street across the water gap thus ordered to be kept Robert Gilchrist 74 MODERN BATTLES OF TRENTON. open, the Matthiessen folks attempted to interpose. The court declared that as they had no title there they had no standing as^ litigants. Equal to all emergencies, Robert Gilchrist, who was their counsel, induced Thomas N. McCarter, the Morris Canal Company's counsel, to interpose on behalf of the canal com- pany. The courts held that the city could not cross the Morris^ canal grant without damages. The award of a single dollar would have served to secure the right of way for the proposed street. It had not been made, and the city was defeated in her suit. The State's title in under- water lands was thus re- affirmed by the refusal of the courts to permit trespass upon the property of one of its riparian grantees.* A contention a few years later between the shore-owners, or some of them, and the New Jersey Railroad and Transpor- tation Company over the lands lying in Harsimus Cove, north of its passenger depots, opened another opportunity for a bold stroke to establish the State's right of occupancy. The company designed filling in the Cove as John Taylor Johnson had filled in the South Cove, and to make the " made ground " the site of a capacious freight yard. John Van Vorst and some of the other upland-owners were so tenacious of their sea rights, how- ever, that the company's scheme seemed impossible of fruition^ and a resort was had to the Legislature for adverse title. Like the Jersey Central the company expected to get the title for a song. But here again Judge Lathrop, Senator Cobb and ex-Senator Cutler sprang to the State's aid. James Gopsill, a portly and cultured gentlemen who in Brooklyn might have easily passed * The extension of Washington street was prompted by the Jersey Cen- tral's desire to make a more direct connection between its depot and railroad yards and the main portion of Jersey City. The Pennsylvania Kailroad Company, the Jersey Central's business rival, made common cause with the Sugar House people against the extension. The bridging of the Gap was for years the occasion of the bitterest conteniion between the two railroads in the Legislature. Unable, because the property-owners whose consents were needed as a preliminary to the extension were of adverse interest, to secure the- consent of owners of half the abutting property, the Jersey Central finally gave up the struggle as a hopeless one. MODERN BATTLES OF TRENTON. 75- for Henry Ward Beecher, was Mayor of Jersey City at the time. He had also interested himself in a scheme projected by Orestfs Cleveland and some others to lay out a boulevard through Hudson county, at an expense of $1,000,000. Mr. Cutler dropped down to see him one night while the Harsimus Cove grant was pending. " Here, Mayor," he said to the courtly Gopsill, " you repre- sent a city whose great water front has been absorbed by the railroad corporations. It has not a dock of its own. See what great wealth could be brought to it by the improvement, for its benefit, of the Harsimus front in the way the United Railroads are asking to improve it. It's a greater public benefit many times over than the boulevard in which you have interested yourself. Suppose, now, that you were to spend for the State's rights there the million dollars you hope to have the county spend upon the drive." Mr. Gopsill was not taken with the idea at the start ; but it grew into magnificent proportions as Mr. Cutler elaborated it, and finally the Mayor agreed to bestir himself to have Jersey City bid a million of dollars for the water grant the railroad company sought for a trifle. The next morning he called the Aldermen into hurried session, and before the Legislature had re-assembled Monday night, the city's counterbid was known all over the State. The result was that the railroad company went up in its price, and with the consent of all sides the determina- tion of the amount it should pay for the franchise it sought was submitted to the arbitrament of a commission. The State succeeded, in the end, in forcing the railroad to pay $500,000 for this water front ; and the enemies of the railroad company think they saw the signs that the company took imme- diate steps to get the money back again. " I was President of the Senate at that time," said Henry S. Little, in recounting the story of the subsequent movements, "and one day while I was in the chair a great stream of men, the railroad lobby among them, came rushing into the Senate. The Clerk of the House with a message for the Senate was at the head of the throng. I smelled a mouse at once, and when 76 MODERN BATTLES OF TRElVTON. *Joe' Cornish, the Senate Secretary, handed up the message and asked me to rush it through, I made up my mind it would be a good thing to see what was in it first. Looking over the list of the bills it enumerated in which the Senate's concurrence was asked, I saw one that purported on its face to make an in- crease in the amount of the transit duties the Pennsylvania Railroad Company was paying to the State in lieu of taxes, and I made up my mind that that was the Ethiopian that I wanted to put my hand on. I slid the bill from the batch into my ^iesk, and discovered, on reading it afterwards, that while it purported to increase the transit duties it really decreased them. It fixed a larger rate on merchandise that was least transported, but a lower rate on the bulk of its traffic. It took the State Treasurer, William P. McMichael, three or four days to cipher it out for me from the books. I found out that Governor Ran- dolph was committed to the passage of that bill, and that Sena- tor Cobb, of Morris, was disposed to favor it. There were conferences between John Stevens, General Robert Stockton and myself, at which they tried to persuade me to consent to the passage of that act, but I argued so firmly against it that Cobb finally came to my side ; and the result was an agreement that the act should be amended so as to provide that the transit duties of the future should never be lower in amount than those which the company had paid the year before. That amount was $298,000, and that was the sum which the company paid into the State treasury annually afterwards till the Abbett tax law went into operation in 1884." Two handsome bids had now been made for the State's under- water title ; and naturally the belief that there must be ground for the claim that had forced them, grew apace; and before Theodore F. Randolph vacated the Governorship — to which he had succeeded in 1869 — there was something of a sentiment in favor of the bold assertion by the State of her absolute title in the lands. Mr. Randolph, when he represented Hudson in the Senate, during the earlier stages of the controversy, had stood in opposition to the encroachments upon private rights the riparian movement stood for. But, besides losing MODERN BATTLES OF TRENTON. 77 his local interest in Hudson affairs through his removal ta Morris county, he had now as Governor some ambitious schemes that might be aided by the establishment of the State's title, and he made a noticeable change of front on the question. The attack, as far as it had now gone, was entirely upon the water front on the Hudson river and New York bay, and it was not long before the rest of the State began to see how rich the Commonwealth could become at the expense of her river counties. At that time the expenses of the State government were paid by a tax imposed upon all the counties. Governor Randolph made the plea that the State was in need of funds ; and twenty of its counties were selfishly willing to get the needed money at the expense of the twenty- first. Judge Lath- rop drew a bill extending the prerogatives of the State Riparian Commission and investing it with full authority to do whatever it pleased in the way of the sale or lease of the under-water lands, and Governor Randolph bent all the energies of his ad- ministration toward securing its passage. Hudson was stirred by the movement as she never had been stirred before. But the only concession the promoters of the bill would make to her was in the shape of a proviso that the owner of the shore front should be privileged for six months to purchase the adjacent water rights before they could be sold to- a stranger. This was wrung from them by Mr. Abbett, who was then representing one of the Hudson districts in the Assem- bly. In the first commission appointed under this act, Mr. Lathrop, its Chairman, and Mr. Cutler, its Secretary, were the active spirits. Its first report boasted of the State's windfall, in noting that the distance from Enyard's dock, near Bergen Point, northward through the Kill- von- Kull, and thence along the line of New York bay and the Hudson river to the boundary of the State of New York, was thirty- two miles. Of this, four miles had been granted at the time the report was made for $1,250,000, and the Commission estimated that from the part not yet disposed of an additional three or four millions of dollars might be realized. The State now lost no time in fortifying itself by an appeal to 78 MODERN BATTLES OF TRENTON. the courts. The Paterson and Newark Railroad Company, under cover of a grant from the Riparian Board, extended its line upon a strip of territory between high and low- water mark in front of the shore owned by Frederick A. Stevens, in Jersey City, and Chief Justice Beasley, in December, 1870, ruled that the State's deed gave it the right to go there. This decision not only laid down the rights of the State to the guarantees to the water front, but has been accepted as an exposition of the law governing riparian properties by the judiciary of many other States; and the State Riparian Board, in the hope of battering down the public prejudice against its assumptions, never made a report for five years that failed to recite it. The idea of Governor Randolph and Judge Lathrop and their associates in promoting the passage of the bill, was to pro- vide money for public purposes. The current expense account was to be recouped by it, and they had their eye also upon the erection of the big asylum at Morris Plains. But the establish- ment of the riparian titles put an implied contract upon the State to devote the proceeds to the maintenance of the schools. It was in the interest of a school fund, indeed, that the successful cam- paign had been made. Educational zealots agreed that the large increase of income which the State was to realize from the sale and lease of her riparian properties would only incite to public jobbery and extravagance unless some useful channel were pro- vided for it ; and they insisted that that was an additional rea- son why the State should keep her engagement with the people. A clause in the Constitution, which provided that the fund for the support of free schools and all accretions to it should be sacredly hoarded, seemed to contemplate the establishment of a fund that would make the schools free without a tax on the people. And these devotees, ambitious to make the free school system of the State its proudest institution and to establish it on a basis of financial independence that would remove it from the remotest peril, insisted that the riparian moneys should be devoted to the accumulation of such a fund. Assemblyman Nathaniel Niles, of Morris, became their spokesman, and he introduced an act perpetually appropriating MODERN BATTLES OF TRENTON. 79 the moneys to the support of the public schools. Their calcu- lation was that eventually the fund would reach such an amount that the income from its investment would pay all the expenses attending the maintenance of the schools and make possible the education of the youth of the State without expense to their parents. The people would probably allow a very excellent in- stitution that would cost them nothing to stand without dis- turbance; and the theory upon which the advocates of the bill went was that, if the schools were main- tained without taxa- / tion, the free system would exist forever. mjk^ The purpose for ^Br ^..^ ^ which the communi- ' g ties in some of the ^"".^ ^ H^H^ ' rural parts of the "^fe^ '^"""^ d; State most dislike to ^P' ^ go down into their pockets, is this very ..^tttli^fk noble one of educat- j^f^j^^^^^R^-^' <' ing th^ir children. ^^^^^^^^m^/^J^' There has been more l^^^HI I friction between the ^ counties over the ad- justmentof the school ' tax than over any Nathaniel NUes. other public function. Schools in the poorer and smaller counties are, even to this day, maintained largely at the expense of the richer and more popu- lous counties. The tax is collected by the State from each county on the basis of its wealth, and redistributed to each county on the basis of its children ; and so it is that Essex and Hudson, which have more dollars than babies, contribute to the educational demands of Cape May and Ocean, which have more babies than dollars. The less rich and populous counties are eternally beating their brains for devices to evade as much as 80 MODERN BATTLES OF TRENTON. possible their school taxes, and impose the maintenance of their schools upon the more wealthy counties. Mr. Niks shrewdly utilized this aversion of the rural tax- payer when he came to canvas? for votes for his bill. He showed the rural Assemblyman how every dollar paid into the fund would measurably lighten the school tax bill of his con- stituents and easily persuaded the Assemblyman that the inter- ests of his people required that he should vote for it. Governor Randolph and Judge Lathrop, as might have been expected, opposed it ; and the Governor even endeavored to persuade him to withdraw it. But he refused to yield and forced it to a vote. The opposition of such shining lights as the Governor and the Judge solidified the Democratic vote against it, but both Houses were Republican, and it was sent to the Governor for approval. It encountered his veto, but after it had been thoroughly discussed the Democrats concluded that they might as well turn in and help it through, and with the Republicans they voted for it. And so the bill became a law. The appropriation of these moneys to the support of the public schools was the step that gave the system of free education the cover of State protection. There had been a State Board of Education, and Professor Ellis A. Apgar had been State School Superintendent since 1866. He found the schools under the supervision of 230 Township Superintendents ; they were mainly dependent for their support upon township tax, and were not even required to be free. It was upon his recommendation that an act was passed in 1871 forbidding charges for tuition in the public schools^ and it was he who perfected the system by which a State tax was imposed everywhere for the maintenance of the schools — being first collected by the State and redis- tributed among the communities according to their needs. When Professor Addison B. Poland was promoted from the City School Superintendency of Jersey City to the State School Superintendency, he saw that the established system was still sus- ceptible of improvement, and created a widespread commotion — of short duration happily — while he made it. He found the State divided into innumerable school districts — a district wherever MODERN BATTLES OF TRENTON. 81 there was a school-house — and a noticeable inequality in the matter of attendance and eflBciency. The State paid a bonus to the counties for each of the school districts, and some of the more greedy counties had, in order to capture it, established more school districts than their school population demanded. There were indeed some school dis- tricts to which the allowance was made that had an inap- preciably small population; and one of the enume- rators, instructed to make a canvass of h i 8 district for school chil dren, amused the State in 1893 by report- ing that the school population in that district had been confined to the chil- dren of a single family, that the school- room had been in one of the family apartments, and that the family had finally wiped the district off the school map by moving away. Mr. Poland had been tutored in school methods in Massa- chusetts, and the system which prevailed there had struck him as being one that, with proper modifications, could be adapted to the re- organization of the school districts in the State. The operation of the system was to consolidate the school districts and reduce their number. The new grouping was made on such lines that schools that had been poorly attended and meagerly 6 f*»^tr y^ ■s i.. . > - i% d|f§P ^^^ _^ iffinfi - ' '^'' •''^^H^^t*^ ■^^H 1^ V 'j^^^^^B P -^^^^^^^^^^ f Addison B. Poland. 82 MODERN BATTLES OF TRENTON. supported were provided with a larger circle from which to recruit their classes and with more adequate means for the employment of proper instructors and the maintenance of higher school standards. The effect of the act when it had been passed by the Legis- lature of 1894, was to turn out of their places about three thou- sand five hundred school district trustees, who had held their positions so long that they had come to look upon them as their personal property, and, of course, the air became vocal with their protests against the innovation. There were loud demands for the repeal, or, at any rate, the essential modifica- tion of the law ; but by the time a new Legislature was ready to go to the reconsideration of the matter, the new plan had so commended itself to the judgment of the real friends of the schools throughout the State that it was allowed to stand practi- cally untouched. The beneficial results become more and more manifest every day, and the only direction in which the new system is likely to be touched is in that of embellishment and improvement. Each succeeding administration attempted to wipe off the statute-books the act donating the riparian funds to the estab- lishment of a free- educational system. They urged that the money was needed for public purposes, and that the State could not afford to tie up so vast a sum for a mere theoretical end. Governor Parker, who succeeded Randolph, led the first at- tack, and each Governor after that time renewed it, but always without success, till Abbett went to the Governorship for his second term. Governor Abbett insidiously prepared the public mind for the final coup. His first feint against it was made in the shape of a recommendation in his annual message of 1885, that "the expenses of the Riparian Commission ought to be paid out of the receipts before the money is placed in the school fund, because these expenses are necessary to secure and protect this riparian income." By the time the Legislature of 1887 met, he was more urgent on this point, and advised the passage of an act of that purport. When he came to the Governorship for the ■~x MODERN BATTLES OF TRENTON. 83 second time, in 1890, he had in mind the establishment of an autocracy which could not be supported out of the limited income the State then had, and for the purpose of making up the defi- ciency, he came out flat-footed with a demand for the diversion of the fund " for the payment of the indebtedness of the State and to meet absolutely necessary appropriations." " We owe over half a million dollars," he said in elaboration of his plea. " We have property which we are selling, the pro- ceeds of which would gradually enable us to liquidate this in- debtedness. Is it not financial wisdom, and for the best interests of the State, to use the revenue from this source to meet the obligations of the State? This proposition does not touch the school fund as it now exists ; that is protected by the pro- f visions of the Constitution. All that legislation on this subject could do would be to devote •"' \, money which arises from this . # source by future sales and leases to the payment of State obliga- tions. I recommend to the Legislature to pledge the '^ money to be derived from the lands in the future to State Major E. J. Anderson. purposes." The suggestion that these moneys might be made available for general State purposes had originated with Major Edward J. Anderson, who had been promoted from the Deputy Comp- trollership to be Comptroller himself, and was a recognized power in Republican councils. He urged that it was chimerical to look forward to the time when the accumulations of the fund from riparian sales would produce a capital that, invested, would yield enough money to free the State from the school tax ; that up to that time the fund had grown only to $3,500,000, and that the income from it yielded but an inappreciable proportion of the moneys spent on the schools ; that because of the growth 84 MODERN BATTLES OF TRENTON. of population, and of the ever-increasing demand for new school facilities, it could never do more for the school system than it was doing at that time, and that it was, therefore, Utopian to nurse the fund any longer with the idea that it could be made to pay the expense of maintaining a universal free school system. In the second place, he was against the policy of maintain- ing a large fund in idleness. Unwise investments or corrupt investments might waste it. And in the third place, the State was borrowing money, had lodged its own note with the managers of the fund for advances, and was, therefore,, practically paying interest on its own money. Governor Abbett welcomed these pretexts that placed a new fund at the service of his glittering retinue of State functionaries. He had but to hold up his hand to the men who were serving in the Senate and the House at the time ; and the act appropriating the riparian receipts to the current expense account went through both Houses in a twinkling, and received his signature the moment it reached him. The diversion was, however, of short duration. The school fund had come to be looked upon by the people as a sacred trust, and the signs of popular displeasure were everywhere manifest; and when the State conventions of the two parties met in Trenton in the following fall to select candidates for Governor, both were forced to unanimously adopt resolutions declaring for the integrity of the State's school fund, and pledging the party to a repeal of Governor Abbett's law. The repealer went through at the next session of the Legislature without any opposition. The diversion of this income from the use of the schools was not the only ambitious project in connection with the riparian lands to which Governor Abbett devoted himself. Toward the close of his second administration he attempted to secure legisla- tion looking to the filling in of the reefs extending from Ellis Island to Robbins' Reef Lighthouse, oiF the Jersey shore, and the erection of a line of piers and warehouses upon the artificial island thus erected and a sale of the whole plant to those who MODERN BATTLES OF TRENTON. 85 might make use of it. The Governor claimed that this im- provement would be worth $5,000,000 to the State treasury. The Legislature passed the act which he drew, but the United States Government defeated its execution, after the interchange of diplomatic communications between Washington and Tren- ton, by a ruling that the State's exterior filling line did not ex- tend as far out from the shore as the Governor's enterprise con- templated. There was always an idea that a railroad syndicate stood ready to buy the State's title to the reefs, and Governor Abbett is himself the authority for the statement that he could have sold the island for a vast sum of money before the close of his executive term if the project could have been carried to fruition. The establishment of State school libraries, under an act of Mr. Niles, was one of the incidents of the discussion over the school fund. Mr. Niles had become satisfied, from the tone of their talk, that his fellow- members in the House and Senate would resist any attempt to support libraries for the schools with tax money, and he drew an act for their maintenance with gift money. It provided whenever $20 should be raised by gift in any school district, the State should make other gifts to match other contributions described in the bill. At the time of the passage of this act there was not a free public library in the State. Now, as the result of it, even every little famished school district in the State has its own library. Mr. Niles' esti- mate is that $250,000 has been invested in these little collections of books, and private contributions have been so encouraged by the promise of the State's assistance, that of this quarter million total less than $50,000 has come from public funds. Mr. Niles iilways maintained a lively interest in these libraries, and with his own hands had prepared the catalogues from which they have been made. CHAPTER VII. Which shows how the Picturesque Pursuit op the Kascally City Treasurer of Jersey City into Mexico Contributed to the Movement for a Constitutional Conven- tion AND A System of General Laws. I^AVING, as they believed, perpetuated their ascendency in the Assembly through the agency of the gerry- mander, the Republicans now sought to acquire con- trol of the government of the cities. This was not a difficult thing to accomplish in some of the cities, where alder- manic gerrymanders were employed to produce majorities in the elective governing boards ; but there were others where the Democratic majority was so pronounced that even this choice scheme of disfranchisement gave no hope of overcoming it. Jersey City was one of them. A party of speculating Republi- can contractors had set their eyes upon her treasury, and were now besieging the Legislature of 1871 for a charter that would be favorable to them. They found a pretext for a change in the disfavor into which the existing Democratic regime had fallen, and set on foot, through the agency of pliant newspaper organs, a public agitation for it. At that time all the functions of local government — the management of the police and fire departments, the care of the thoroughfares, the making of public improvements, the collection and disbursement of the municipal moneys, in fact, everything relating to the public interest — were administered by the Mayor and an elected Board of Aldermen. It was impossible to gerrymander this board into the hands of the Republicans, and an entire overhauling of the municipal system was decided upon. But they were puzzled to know how, after they had got rid of the obstructive board, they could juggle the public offices into their own hands. (86) MODERN BATTLES OF TRENTON. 87 Jonathan Dixon was at that time of the law firm of Dixon & Collins. He was recognized as one of the most skillful lawyers in the northern section of the State. Like the advocates of a change, he was a Republican, and they retained him to draw a bill that would aid them to their ends. In due course he evolved from his subtle brain the draft of an act that took out of the hands of the people absolutely the selection of their public servants, and consequently the control of their local affairs, and established, in the place of the popular representative boards that had been managing the municipality, a series of department commissions whose members were to be chosen by the Republi- can joint meetings of the Legislature. Those at whose instance the act was prepared were, of course, potential with the Assem- blymen and Senator representing the city at Trenton ; and the advice of these representatives, known as the local caucus, would, in the ordinary course of legislation, be law to the general caucus as to all matters pertaining to their locality. To explain : The general caucus is made up of all the Senators and Assemblymen of one party. The Senator from Cape May is not supposed to know anything of Jersey City's requirements as to men or measures, and consequently the request of the Jersey City representatives that certain officials be named, or certain enactments be passed, for Jersey City, is accepted as a matter of course in the general caucus. Thus, by controlling, as they expected to, the repre- sentatives of Jersey City in the two Houses, the Jersey City syndicate of office-seekers was able to name to the general caucus of the Legislature its own men as local rulers in the city, and to put them in office. Counselor Dixon's new charter wiped out the entire Demo- cratic city government, and established in its place a retinue of local boards for his partisan clients to thus name through the local caucus to the general caucus, and through the general caucus to the joint meeting. It established a Board of Works to be appointed by the Republican joint meeting, a Police Board to be appointed by joint meeting, a Fire Board to be appointed by joint meeting, a Finance Board to be appointed by joint meeting ; and, while it left the Board of Aldermen, 88 MODERN BATTLES OF TRENTON. sure to be Democratic by the voice of the people, standing, it divested it of every public function, except that possibly of granting licenses to saloon-keepers. This scheme of govern- ment made it possible for the Republican syndicate to impose upon Jersey City a whole raft of partisan placemen in the choice of whom the people had not the faintest possible voice, and who, if they had sought their offices through an election, might have suffered overwhelming defeat. Its effect was, as the result showtd, to hand the municipal government — its taxes, its property and its improvements — over to an ambitious crowd of money- seekers. The Democrats, in 1870, had set the precedent for legisla- tion of this character by the introduction of several bills providing for the naming of local officers in joint meeting. Among the others was one deposing the Republican elective Police Commission in Newark and giving the control of the department into the hands of Andrew A. Smalley, Herman Schalk, John Dwyer and David Anderson, who were named, in the bill as a Police Commission in its stead. That act was railroaded through. Introduced on the night of January 25th, it was passed to second reading the following morning and to third reading at the afternoon session of the Assembly. As- semblymen Gurney and Bonsall made ineffectual protests against the indecorous haste with which it was being pushed, and after the completion of the third reading, Wilson, of Essex, made the point that it was not rulable to advance a bill two stages in one day ; but Speaker Abbett silenced him with an autocratic decision that his objection was too late to be parliamentary — that " the gentleman should have objected while it was being read." When it reached the Senate, it was treated to the same kind of rapid transit. Senator Taylor, of Essex, attempted to substi- tute the names of other gentlemen for those in the bill, but Senator Noah D. Taylor, of Hudson, objected, and it went through in the shape in which it had come from the House. The Jersey City act, fashioned on the same lines, was intro- duced into the Legislature by Assemblyman George H. Farrier. When it came up for discussion in the House, Assemblyman MODERN BATTLES OF TRENTON. 89 Coogan led a fight against its enactment. Assemblyman George W. Patterson, of Monmouth, one of the most erratic but bril- liant men who served in the halls of legislation at that time, urged the submission of the act, before it should become operative, to the people of the city. Assemblyman James F. Fielder op- posed that proposition, and Patterson, assured of the popular unacceptability of the measure, volunteered to modify his amend- ment so that the act should become operative if only a third, or even a quarter, of the residents supported it by their ballots. Assemblyman Hornblower interposed the technical objection that the Legislature had no right to delegate its power in that way, and the bill was whipped through both Houses with hardly creditable speed. The ring that took possession of Jersey City under it made the purposes of its formation known in its acts almost as soon as it reached the public offices. Every scheme of public im- provement was a job for the enrichment of some of its mem- bers. Money was squandered right and left. Tax rates were screwed up to their highest point, and the public debt increased a million at a jump. These methods brought the administra- tion into such popular disfavor all over the State, in course of time, that a committee was sent by the Legislature to Jersey City to investigate the scandals of its rule, but when they reached the town they were taken into camp by the ring mana- gers and wined and dined by Commissioners Gregory, Martin, Pritchard and others till they were in a complacent humor, and their eyes were willingly closed to all they might have seen. The condition of things grew to be so notoriously bad that Governor Joel Parker was provoked into a special message call- ing attention to the need of relieving legislation, and the " State Gazette," the " Newark Courier " and other Republican papers denounced their methods as robbery. Senator McPherson, then representing Hudson county, made an attempt to restore popular government by the introduction of acts making the commissions elective. Not one of his Republican colleagues dared to brave public opinion by going squarely to the defense of the ringsters. But for the purpose of preserving the status that the Ring had 90 MODERN BATTLES OF TRENTON. created, they resorted to the old expedient of meeting every movement for a change by proposing something more liberal, which they, of course, had no idea of enacting. So when Mr. McPherson's bill taking from the joint meeting the right to appoint the local ofl&cials and vesting the people with their selection, reached the point of consideration in the Senate, he was confronted by petitions, evidently gotten up under the aus- pices of the ringsters, for other bills making an even more radi- cal uprooting of the vicious system prevailing there. Under the pretense that they desired to reserve their support for these more liberal measures, the Republican Senators with the excep- tion of Taylor, of Essex, and Conover voted against the Mc- Pherson bill and defeated it. Beesley, Belden, Bettle, Havens^ Hewitt, Hopkins, Irick, Jarrard, Moore, Shepard and Williams cast the eleven adverse ballots that settled its fate. The bill which they ostensibly favored, and in the interest of which they claimed to have defeated McPherson's bill, not only restored the right of local self-government to the people, but wiped out all the commissions, and replaced the old-time gov- ernment of the city by a Mayor and a Board of Aldermen. The Republican House members were making a noisy pretense of pushing a measure .of that kind, and the Senators chose to take the view that it would come to them from the other chamber for concurrence. The lash of public sentiment stung the House members into the consideration of a lot of demanded amend- ments to the city charter, but they engaged in a pre-arranged quarrel as to which should go through, and kept the whole sub- ject hung up till at the end of the session nothing had been done, and the city's unwelcome invaders were left in undisturbed possession. Meanwhile the people had started in pursuit of the Ring through other avenues, and the excesses of the ringsters themselves helped to point out to the whole Commonwealth the impolicy and danger of committing the conduct of local affairs to irresponsible agents named by the Legislature and boards made up of men in whose selection the people had no voice, but whose rule, however obnoxious, the communities were obliged to submit to. Some members of the Board of Works were in- MODERN BATTLES OF TRENTON. 91 dieted for fraud in connection with the purchase of real estate needed for the city's use, and the members of the Police Com- mission were brought up with a round turn for malfeasances of other kinds. These convictions served to draw the attention of the State to the corrupt condition of things in Jersey City and to emphasize the idea that that kind of a government established over the heads of the people was not the most perfect system of municipal government imaginable. But a few months later the State was treated to a more picturesque object-lesson on the sub- ject, consequent upon the disappearance from the City Hall of Alexander Hamilton, the ring City Treasurer, with thousands of the city's money. Police Inspector Benjamin F. Murphy's romantic pursuit of him among the outlaws of lower Texas and Mexico served to bring the system he represented into the brighter glare of publicity. Because of its importance in giv- ing drift to public discussion, as well as for its own intrinsic interest, the details of this incident are worth narrating. Hamilton was a low-lived fellow, given to evil associations, and the first notion, when it was learned that he was missing, was that he had gone off on a bit of a spree with Winetta Mon- tague, a vivacious variety actress who had recently appeared upon the boards of a Jersey City theatre. His continued absence and the discovery that he had robbed the treasury soon led to the conviction, however, that if he had gone with her he had gone to stay. The first tidings of his whereabouts were brought several months later, in a dispatch received by Chief of Police Benjamin Champney, of Jersey City, from a constable named Carson, in Brownsville, Texas. A stage- driver, who had just come into Brownsville from Corpus Christi, told the story of an anxious traveler who had tried to board his coach. " My business is urgent," this stranger had said, when he feared that for want of room he might not be admitted to the coach, " and I must reach Mexico at once if it costs a fortune." A desperado named Hutchinson who overheard him volun- teered to take him to Mexico for a hundred dollars, and when 92 MODERN BATTLES OF TRENTON. Hamilton accepted him for an escort, Hutchinson took his cousin, Thomas Parker, who was the Chief of Police of Corpus Christi and just as bad a man as himself, into his confidence. These two, before starting out with him, sent couriers ahead to notify outlaw confederates of theirs that they had a rich victim in tow, and when Hamilton had been carried forty miles beyond the town, Parker and three pals who joined him overpowered him and took $7,500 in cash from him. Hamilton had cun- ningly concealed the rest of his plunder, and, believing that they had stripped him of all he had, they handed him over to Pedro Manuel, one of their gang, and ordered him to conduct him into Mexico. " If he doesn't reach Mexico safely," Parker cautioned Pedro as he parted from him, " we'll take your brother's life in Corpus Christi." Pedro, on reaching Brownsville with his charge, boasted of the robbery on the plains ; and a woman whose husband he had killed, overhearing him, confided the story to Chief Carson. Carson at once surmised that the traveler was no other than the missing Jersey City defaulter and hastened to notify the Jersey City police. Inspector Benjamin F. Murphy was fitted out with railroad passes within an hour after the dispatch arrived and sent in pursuit. When he reached Indianola, he learned of the Corpus Christi incident and employed a boatman to carry him across the bay to that town. " May I leave my satchel with you ?" he asked of the seaman when he was preparing to depart. " Oh, yes," laughed the boatman, with cheerful good nature. "The other night I had the valise of the Treasurer of New Jersey, with a million in it, for a piller. If I'd a known on it, there'd a' bin another cap'n on this ferry to-day." When Murphy reached Corpus Christi, he learned that all the officials and outlaws of the region were after Hamilton to rob him in their various ways. Hamilton, himself realizing that he had fallen among a lot of thieves, had, meanwhile, offered a notorious outlaw, known as " Happy Jack," any amount of money to protect him, and " Happy Jack " had MODERN BATTLES OF TRENTON. 93 handed him over to Cortinas, a famous Mexican bandit who had just proclaimed himself Mayor of Matamoras. Inspector Mur- phy was disposed to have an interview with Cortinas at once, but a native advised him to wait for a few minutes, till a pend- ing revolution was over. His curiosity, of course, prompted him to go to the City Hall, which was the center of excitement at the time, and he found it in the possession of a lot of the most desperate- looking thugs and cut- throats he had ever seen in his life. " Who demands possession of this town from me now ? " Cortinas shouted, stepping proudly into their midst. " Click," " click," " click," was the response. A hundred cocked pistols showed that his gang was prepared for any man who dared to dispute his authority. If there was one there to say him " nay," he was silent, prudently under the circumstances, and Cortinas commanded an easy acquiescence in his usurpation. After wit- nessing this entertaining exhibition of political methods in Mexico, Murphy concluded that it would be wise to have company when he went to see Cortinas, and he took Colonel Corbin, who was then in command of Fort Brown, Texas, and United States Consul Wilson with him. Cortinas was in his adobe hut, just outside the city, at the time of their visit. Hamilton was there too, but concealed from view behind portieres. When Murphy made his demand, Cortinas pretended never to have heard of the fugitive, and it was so plain in all their subsequent nego- tiations that the outlaw intended to keep Hamiliton under his wing as long as he had a dollar to hand up, that Murphy aban- doned all hope of bringing him home, and came home himself. A couple of months later, the bell of Murphy's house door rang, and the servant announced that a man with the aspect of a tramp wanted to see him. When Murphy stepped to the door, who should be there but Hamilton, shabby and broken-spirited, and come to surrender himself into the hands of the law ! Cor- tinas had " protected " him out of every dollar he had, then shipped him to Brazil in a sailing vessel, and left him there to make his way home as best he could. A few days later, he was 94 MODERN BATTLES OF TRENTON. taken before Judge Bedle. His plea of guilty was entered, and a sentence of three years' imprisonment was imposed upon him. These convictions and this picturesque pursuit of Hamilton served admirably to point the moral for the opponents of the system of legislative commissions. The agitation for the passage of a general law to settle disputes between rival railroad cor- porations had served to suggest a like remedy for the protection of the municipalities against the abuses of public functions that were making Jersey City a public scandal. If it were politic to do away with special legislation in the interest of specified railroad syndicates, why not more politic to put an end to the possibility of such special laws as these that had placed this luckless community at the mercy of a gang of looters who hap- pened to have the ear of the Legislature? So there came to be a pronounced sentiment all over the State in favor of the gov- ernment of cities and counties and of the regulation of all other interests that could be so regulated, by a system of general laws. This could be accomplished, however, only by an amendment to the State Constitution or by the adoption of a new Constitu- tion. A new Constitution can be framed by a convention of delegates chosen directly, under authority of the Legislature, by the people. Upon its completion the work of the convention must be submitted to popular vote for acceptance or rejection, and in the event of its acceptance by the electors it supersedes the old instrument and becomes at once the organic law of the State. Authority for a Constitutional Convention is not, however, an easy thing to secure from New Jersey Legislatures. The Senate, since 1846, has stood resolutely against it, because of a fear that the making of a new Constitution would interfere with the basis of Senate representation. The present Constitution limits each county to one Senator without regard to its size ; and in the de- liberations of the Senate, Cape May, with its less than 12,000 people, has as much voice as Essex with her more than 300,000, or Hudson with her 275,000. The larger counties have long contended that this disproportionate system of representation should be remedied, and if they could get a Constitutional Con- vention they would doubtless see to it that the Senate is made MODERN BATTLES OF TRENTON. 95 more equably representative. But the smaller counties, which are monstrously over-represented, outnumber the larger counties, which are as monstrously under- represented, two to one, and their determination to preserve their unfair preponderance in the Senate is the explanation of the intrepidity with which the Senate has for fifty years defeated all attempts to make a new Constitution. CHAPTER VIII. Which is a Shobt Chapter Devoted to the Salient Points of the Constitutional Commission. ''/^j^OVERNOR PARKER, however, determined to force ^^ the issue. He doubtless saw that there was no possi- bility of achieving anything through a suggestion for a Constitutional Convention, but in his message, sub- mitted at the opening of the Legislature in 1873, he neverthe- less made bold to propose it. " The State Constitution should require general laws," he wrote, " and forbid the enactment of all special or private laws embracing subjects where general laws can be made applicable." And then he called attention to the enormous volume of special and private laws that each Legislature turned out. "The general public laws passed at the last session," he remarked, " are contained in about one hundred pages of the printed volume of Sessional Laws, while the special and private laws occupy over one thousand two hundred and fifty pages of the same book." He recommended a Constitutional Convention to put an end to this unwholesome system of legislation, and urged that the making of irrevocable grants of special privileges to individuals or corpo- rations, such as had been made to the old Camden and Amboy monopoly and other railroads which had also set up the claim that favorable legislation granted to them in their early days was in the nature of a contract between them and the State, should be forbidden, and that the new Constitution should require equal taxation and general laws for the government of the municipali- ties of the State. The two Houses to which this message was submitted were both, it may be observed in passing, Republican, fourteen of the twenty-one Senators and forty-four of the (96) MODERN BATTLES OF TRENTON. 97 sixty Assemblymen being of that faith. They had organizec^ by the selection of John W. Taylor, of Essex, as the presiding officer of the Senate, with John F. Babcock as its Secretary, and of Isaac L. Fisher, of Middlesex, as Speaker of the Houee, with Sinnickson Chew as Clerk. The recommendation was acted upon by the Legislature later in the session. For the reason already explained, the suggestion that the revision be made by a Constitutional Convention was not accepted, but the House authorized the Governor to appoint a special commission to pro- pose amendments to the existing Constitution. The amendment of the Constitution by this method left it within the power of the Senate to protect itself against all attempts to disturb the basis of representation. By its own terms the Bill of Rights can be amended only by the concurrent action of two Legislatures and the sub- sequent ratification of the people. If the Senate were dissatisfied — or if either House were dissatisfied — with any amendment such a commission might pro- pose, it could easily defeat its incorporation into the Constitution by refusing to submit it to popular vote. The Constitutional Commission consisted of John F. Bab- cock, of Middlesex ; Benjamin F. Carter, of Gloucester ; Au- gustus W. Cutler, of Morris; Philemon Dickinson, of Mercer; Dudley S. Gregory, of Hudson; Jacob L. Swayze, of Sussex; Robert Gilchrist, of Hudson ; Samuel H. Grey, of Camden ; George J. Ferry, of Essex ; Robert S. Green, of Union ; Joseph 7 John W. Taylor. 98 MODERN BA.TTLES OF TRENTON. Thompson, of Somerset; John W. Taylor, of Essex ; John C. Ten Eyck ; Benjamin Buckley, of Passaic; and Abraham O. Za- briskie, of Hudson. Mr. Gilchrist was unable to serve, and William Brinkerhoff, a well-known Jersey City lawyer, was sub- stituted for him. Mr. Zabribkie's other duties prevented him, too, from giving his time to the Commission, and A. S. Hubbel), of Essex, w£s named to succeed him. When the Commission as thus finally made up entered upon its work, it did not, of course, confine itself to the consideration of the particular reforms that had prompted its appointment. With an intuition that it would be worse than folly to spend time upon the question of Senate representation, it left that topic severely alone, but it made an excursion for defects through ail the rest of the State's Bill of Rights and applied remedies wherever it thought they were reeded. Among the other reforms proposed was one by Mr. Gregory for biennial legislative ses- sions, and another suggestion was that a two-thirds vote should be required to override the Governor's veto. Mr. Ten Eyck opposed the extension of the veto power of the Governor with the epigrammatic plea that the people did not care to make the Governor a part of the Legislature. Mr. Cutler warmly advo- cated the two-thirds vote rule, but the proposition was defeated by a tie vote. The school question — that part of it, at any rate, which related to the raising of taxes for the support of the schools — also came largely into the discussion. Under the existing Constitution the school moneys are raised by tax, based, of course, on valuations from the several counties in the State, and redistributed by the State among the counties on the basis of children. In its practical operation, the county that has more dollars than school children contributes to the maintenance of the schools in other counties that have more children than dollars. Mr. Cutler thought this system inequitable, and his insistment was that each county should get back its money in the redistribution on the basis on which it had paid it in — that is, the school tax having been raised in the several counties according to valuations, it should be re-apportioned among them on the basis of valuations. Mr. Grey urged the broader theory MODERN BATTLES OF TRENTON. 99 Ihat the schools are a State institution, and that, without regard to county lines, the State should gee that they are properly sus- tained. The Commission made no recommendation on this point. When the question of forbidding the donation of public moneys or lands to religious corporations was reached, there was no division in the Commission. Mr. Swajze's amendment that no public moneys should be paid to any religious, church or sectarian association met with a ready acquiescence. With the experience of the State in the ie alter of railroad monopolies and tax exemptions before his eyes, Mr. Brinkerhoff suggested an amendment authorizing the Legislature to take from persons or corpoiations any exclusive privileges they en- joyed. Mr. Gregory desired an amendment for the equalization of values among the counties once in four years, but that was defeated. An amendment that the penalty for the taking of a bribe by a member of the Legislature should be forfeiture of membership and prosecution for perjury was proposed and adopted, but the Senate of 1874 refused to submit it to the people. But overshadowing all these minor considerations was the question of general laws. With the experience of Jersey City to enlighten the judgment of the Commissioners, it was treated with unusual fullness, and a number of recommendations were made to the Legislature. The most important of these forbade the passage of private, local, or special laws regulating the internal aflFairs of towns or counties, or for the appointment of local officers or commissioners to regulate municipal aflPairs, and directed that the Legislature should pass general laws pro- viding for the cases enumerated, and for all other cases which, in its judgment, could be provided for by general laws. The Legislature that went to Trenton at the opening of the session of 1874 to consider these amendments was overwhelm- ingly Republican in both branches. The Senate, with fourteen Republicans and seven Democrats in it, re-elected John W. Taylor President and John F. Babcock Secretary. The thirty- three Republicans in the Assembly advanced Garret A. Hobart the florid-faced and smooth-tongued statesman from Passaic, to 100 MODERN BATTLES OF TRENTON. the Speaker^s chair, over Andrew Jackson Smith, who had the- votes of the twenty- seven Democratic members. The Republican majority on joint ballot was thirteen, and there were some unusually able men on the floor of each chamber. John R. McPherson was still in the Senate from Hudson ; the courtly John Hopper was his colleague from Passaic, and Frederic A. Potts, a millionaire coal operator, of dignified bearing and handsome presence, was there from Somerset. Among the House members were Julius C. Fitz- gerald, of Essex, who made a notable reputation as a debater; the bright- faced and keen-witted Samuel Morrow, from the same county ; Alexander T. McGill, then a smiling young lawyer from Hudson and son of one of the oldest professors in Princeton College ; John D. Carscallen, who distinguished himself by his eloquent defense of the Jersey City commission government, and, like McGill, a Hudson man ; George O. Vanderbilt, of Mercer; the irrepressible Andrew Jackson Smith, of Mercer; droll George W. Patterson, "fresh from the battle-fields of Monmouth," and the soldierly and dignified Captain Wm. H. Gill, of Union. In his message Governor Parker spoke commendingly of the work of the Constitutional Commission, which he laid before the members for their consideration. "Seldom has a deliberative body convened," he wrote, "in which so little local prfjudice or partiean feeling existed, or in which greater patriotism, wisdom and discretion were displayed." And, of course, the amendments suggested by the Commission formed the chief topic of discussion in the two Houses. Senator Stone, of Union, a gentleman who had a very thick tongue, but enjoyed the reputation of being a lawyer of unusual capacity^ led a crusade against the Commission's suggestion that private property shall not be taken for public purposes without just compensation, and secured its defeat by a vote of seventeen to two. The Legislature, in fact, rejected a good many of the sug- gestions made^by the Commission. But those forbidding special legislation for cities and counties, requiring the regulation of their internal affairs by general laws, directing that property MODERN BATTLES OF TRENTON. 101 shall be assessed for taxes under general laws and by uniform rules according to its true value, and declaring that no donation of land or appropriation of money should be made by the State or any municipal corporation to or for the use of any society, association or corporation whatever — representing the essential work of the Commission — were accepted by the two Houses, 4ind referred to the Legislature of 1875. I CHAPTER IX. It this Chapter seems to break the Costintity of the Is arrative COXCERNIKG THE ADOPTION OF THE GENERAL LaAV SySTEM, it l5 only to show how a new governor was Elected to Carry the Eeform Forward. ^^■-^-^ ; : ^ N the midst of these movements for the incorporation of W//^ the system of general laws into the State Constitution, ^^Sw- Governor Parker's term expired, and preparations were made for the election of his successor. The ease with ■which the Republicans had fewept the State in the fall of 1873 led them to the belief that they might win the Governorship in the fall of 1874 with a popular candidate, and George A. Halsey, of Newark, one of the strongest men in the party, was, by common consent, picked out a? their nominee. The convention met early^ August 27th, so as to give time for a thorough canvass of the State. Senator Potts called it to order, and J. Weyman Jones,. of Hudson, was Chairman. There was no aspirant in the field against Mr. Halsey, and his nomination was made by acclama- tion. Mr. Halsey was undoubtedly the most popular man of the party in the State at the time. He was at the head of the leather manufacturing industry, a man of large wealth, and of 8uch fair instincts that the hundreds of hands in his service were ready to speak in his favor to the laboring voters in the State. He had been a Representative in Congress, and was at one time oifered the position of Register of the United States Treasury by General Grant. He was one of the chief men in the commis- sion named by Governor Randolph for the management of the insane asylum at Morris Plains, said to be the second finest asylum of its kind in the world. He enjoyed the confidence and respect of the people in the northern section of the State,, where he was best known, to an unusual degree, and was known (102) '-Ji? ,^ George A. Halsey. 104 MODERN BATTLES OF TRENTON. to have no sympathy whatever with the iniquitous system of Legislative Commissions, under which the ring of Republican jobbers was robbing Jersey City. The sufFering^ of the people of that municipality had aroused the public concern and sym- pathy from one end of the State to the other. 0:her municipali- ties feared that the establishment of the same system over them might subject them to the same evils, and the people everywhere were consequently aroused to the perils of the situation. The countenance which the party as represented in several Legisla- tures had given to the system was felt to be a handicap to Republican success, and the leaders appreciated the necessity of offering to the people as its candidate for Governor a citizen whose high character and standing would be a guaiaatee of better methods. If opposition to Legislative Commissions was a necessary qualification in a Republican candidate, it was an even more im- portant desideratum in the selection of a Democratic candidate. The most marked stand the party had made on any question of public policy of late years was this which it had taken against the plan of ruling local governments by men named in Trenton ; and in the choice of the party's gubernatorial candidate, it was of first importance that he should be one whose record was most pronounced on that issue. As the presiding official of the Hud- son County Court of Oyer and Terminer, Judge Joseph D. Bedle had, since his defeat in the convention of 1872, made a notable record on the all-absorbing question. He had helped to bring to justice the servants — yes, the chiefs — of the ring that had seized control of the Jersey City government. His fervent charges to the grand jury had led to their indictment for fraud and conspiracy ; it was before him that they had been tried, and by him that they had been sentenced. His work on the Bench had been a burning protest against the continuance of the evil. Not only had he denounced the system ; he had actively pursued the men who benefited by it. An aroused sentiment therefore pointed out this rotund and cherub- faced Justice of the Supreme Court as the man of all men to bear the standard in the gubernatorial campaign, and to make all over the State the MODERN BATTLES OF TRENTON. 105 struggle in behalf of home rule which he had so vigorously conducted in Hudson. And so when the Democratic State Con- vention met in Trenton three weeks after the Republicans had put Mr. Halsey forward, it was expected only to go through the perfunctory process of putting Judge Bedle ia formal nomina- tion, and there was a cut-and-dried aspect about the proceedings that really concealed an awful amount of party enthusiasm. Colonel William P. McMichael called the delegates to order, and Benjamin F. Carter, of Gloucester, whom the State Committee made temporary Chairman, gave way in the permanent organi- zition to Jacob Vanatta, a keen Morristown lawyer, whom Bedle, when he became Governor, made Attorney- General. On the roll-call of counties, every one except Camden, which cast three of its votes for General Haight, of Monmouth, and Bedle's own county of Hudson, two of whos3 votes were corralled by John T. Bird, of Hunterdon, declared for Bedle, and before the formal tally was begun Bedle was made the unanimous choice of the convention. A little incident of the convention that be- comes of interest because of the circumstances surrounding the subsequent nomination of General McClellan, was that when a delegate named McClellan was proposed by the Salem delegation as its member of one of the committees, the whole convention, mistaking the name for that of the famous hero of Antielam, rose to its feet and broke into the wildest demonstrations of enthusiasm. The fight at the polls was carried on by the Republicans on straight party lines, with little sly intimations, for the diversion of the Democratic vote, that Bedle represented in the fight only the Randolph aristocracy in the State House Ring, while the Democrats forced the issue of Legislative Commissions to the front, and made a gallant battle for local self-government. The majority of 13,233 by which Bedle carried the State, unprece- dented in all of the history of State politics, except in 1862, when Joel Parker carried it by 14,000 and over, was all the more notable because of Judge Bedle's refusal to resign his place on the Bench and of his consequent inability to lead the cam- paign in person. An incident of the campaign was the destruc- 106 xMODERN BATTLES OF TRENTON. tion of the Republican majority in the lower House and the election of an Assembly more than two-thirds Democratic — forty-one Democrats to nineteen Republicans — to open the new administration in 1875. The Republican hold-overs in the Senate enabled that party to retain control of that higher branch of the Legislature, however, and, so, to foil any attempts at administrative reform that the new Governor and the Demo- cratic Assembly might set on foot. At the opening of the Legislature of 1875, John W. Taylor,, of Essex, entered upon his third term as President of the Senate, and N. W. Voorhees, of Hunterdon, succeeded Babcock as Sec- retary. The Democratic caucus of the Assembly advanced George O. Vanderbilt, of Mercer, to the Speakership, and selected John Carpenter, Jr., of Hunterdon, as Clerk. The session gave promise, because of the importance of the business the two Houses had in hand, of being an unusually interesting one, and it was besides attended by excitements that cast no shadows before. Action for the second time on the proposed amendments to the Constitution, and the election of a United States Senator to succeed John P. Stockton, were two of the things everybody knew they had to do. One of the unanticipated excitements was the removal of Mr. Carpenter from his Clerkship, within a week after he had been inducted into the office, on charges of having entered into a dis- creditable deal concerning one of the subordinate places at his disposal. In order to secure votes for himself for the Clerkship he had promised the Journal Clerkship to two men, one Sayre and one Bamford. It was of course impossible for the two to have the one position, and a hat was brought and two ballots were put into it. The rivals drew from the hat on the under- standing that he who picked up the one with " No. 1 " marked on it was to have the coveted place and to recompense the other with his three- months' note for $500 with Mr. Carpenter's in- dorsement upon it. Bamford drew the lucky slip and handed the promised note over to Sayre. No one would ever have heard anything about the transaction if, after the drawing, Mr. Carpenter had put Bamford in the promised position. He was John P. Stockton. 108 MODERN BATTLES OF TRENTON. subjected, however, by the members who had given him his own place, to enormous pressure for the appointment of a third man, and he weakly yielded to it. Sayre had been shrew^d enough, immediately after he received the note, to sell it to an innocent third party and the disap- pointed aad angry Bamford, finding himself responsible for the debt and minus the ofl&ce which he supposed he had bought with it, began a suit against Carpenter for misrepresentation and fraud. The aifair became so notoriously public that the House could not close its eyes to the transaction, and a committee, con- sisting of Samuel Morrow, Alexander T. McGill, Charles D. Hendrickson, Henry Moffett and Henry B. Wilson, appointed to inquire into it, concluded that from first to last the transac- tion was " wholly disreputable," and deserving " unmistakable rebuke" more than mere censure. Captain Gill, supported by Assemblymen Carey and Edward F. McDonald, of Hudson, endeavored to induce the House to let Carpenter out of it with a censure; but Assemblyman Fitzgerald argued that nothing short of dismissal would meet the requirements and carried the House by. a vote of forty-three to seventeen with him. Austin Patterson, of Monmouth, who had been once Speaker of the House himself and whosa entertaining brother George was then a member, was appointed Carpenter's successor. In the first flush of discovery the transaction seemed to be a good deal blacker than it really was, but when the excitement had calmed down it was seen that Mr. Carpenter had planned on personal profit for himself by it and that he was only the unfor- tunate victim of a situation that he had not been tactful enough to avoid. His dismissal from the House service put him, of course, under a cloud for a time, but within a few years he had sufficiently recovered his prestige to be elected for two terms to represent the county of Hunterdon in the State Senate and sub- sequently to serve the Senate itself as its Secretary. There was much bitterness among the members over the selec- tion of a United States Senator, one of the functions the Legisla- ture was expected to discharge. The State House managers had warmly urged ex- Governor Randolph for the position, but that MODERN BATTLES OF TRENTON. 109 party of leaders ^y^s gradually growing to be unpopular among the masses. Randolph was obnoxious because be was believed to have been identified with the old Know-nothing party, and his election to the Governorship was said to have been largely promoted by what of that party remained Leon Abbett had grown into prominence as a figure in State politics. He had shown himself to be a man of much force of character and great combativeness, while he was everywhere recognized as an unusually magaetic siump talker, though he bad none of the graces of the polished orator — aggressive and brainy — in a word, he had come to be looked upon as a mai of exceptional power. Without seeming to make it his business to attack the State House magnates, he had sedulously intensified the impression that they represented a band of aristocrats who had no sympathy with the workingmen of the State ; but now, on the eve of the senatorial contest, he was outspoken in demanding the high office for a man more in sympathy with the people. Senator McPherson joined hands with him in an tifort to secure the prize for Robert Gilchrist, the Attorney- General of the State, and one of the most dramatic and effective pleaders at the bar. Senator Stockton, the incumbent, though he represented a family of historical lineage and should have easily captured the more aristocratic element in the caucus, was rudely pushed aside by both factions, and the struggle for the favor of the caucus lay between Randolph and Gilchrist. Mr. Gilchrist made an inter- esting and brilliant campaign among the members, but the State House autocrats, through their control of the party machinery everywhere, had succeeded in filling the legislative seats with men whom they could count on, and on the second ballot the caucus named Randolph as the party candidate for the shining honor. But forty- seven of the forty- nine Democratic members of the two' Houses seem to have been present at the caucus. Of those, twenty-eight voted for Randolph, fourteen for Gilchrist, five for Stockton. Randolph had an easy majority, and, of course, all the competing candidates stood out of his way. In the Joint Convention, held two days later, it fell to Abbett's lot to make formal presentation of Mr. Randolph's name, and 110 MODERN BATTLES OF TRENTON. Senator Sewell, on behalf of the Republican minority, presented ex- Secretary George M. Robeson's name. The Democrats hav- ing a majority, Mr. Randolph was, of course, elected. Governor Bedle, as a part of the Randolph regime, afterward punished Gilchrist for his contumacy in going into caucus as the rival of the ex- Governor, by deposing him from the Attorney- General- ship, and appointed ex-Governor Joel Parker in his stead. CHAPTER X. Which Embraces the Story of the Catholic Protectory Bill, and Shows how One of the Most Ardent Religious Contro- versies OF Recent Years Led to the Popular Approval of the Constitutional Amendments. |l HESE were, however, only incidents of the history of that period. The thread of the narrative was caught up later in the session, when the duty of dealing with the Constitutional amendments prepared by the Com- mission and already approved by the Legislature of 1874 was entered upon. Governor Bedle had been elected on the Home- rule platform, and in his inaugural address he took occasion to give those of the amendments touching that subject a fresh indorsement. "It is plain," he said, "that in New York and New Jersey the system of legislative commissions has failed. The best municipal government is that where the people govern them- selves, and I hope to see the day when every city in the State shall be governed by a general law, guaranteeing to it local self- rule." The Governor's first veto, too, was of a bill to incorporate a little manufacturing company in Newark on the ground that it was special, and the sentiment against special laws and legisla- tive commissiocs was fed all through the session by the attempts to amend the most vicious and obnoxious features out of the Jersey City charter. Assemblyman McGill, then a smiling young Jersey City lawyer, representing one of the Hudson dis- tricts, offered the bill aimed at these reforms that attracted the most attention. It was opposed by his Hudson colleague, Cars- callen, and his Essex colleague, Mr. Kirk, and advocated by (111) 112 MODERN BATTLES OF TRENTON. George Patterson and Mr. Fitzgerald. Its progress through the House was so hotly contested at each step, however, that, like all the other measures of that trend, it failed of fruition. The pleadings by the Governor, and the ceaseless agitation of the Jersey City scandals, were not, however, without their effect. The Legislature took up the amendments which had been approved by the Legislature of 1874 and formally concurred in them. They had yet, before they could become a part of the organic law, to be submitted to a vote of the people, and the first Tuesday in the following September — the seventh — was designated by the lawmaking power for the taking of the vote. The special election had no sooner been ordered than the Legislature proceeded to make a record that called forceful attention to them. Among the amendments, as already stated,, was one providing that no doration of land or appropriation of money shall be made by the State or any municipal corporation to or for the use of any society, association or corporation whatever. The Catholic authorities of the Diocese feared that this amend- ment, with the other forbidding the passage of special laws, would prevent the carrying out of some enterprises that they were preparing to -go into with the aid of the State. One of these was the establishment of a reformatory for the special care of children of Catholic parentage. In order to secure the estab- lishment of such an institution before the prohibitive clauses could become operative, the Bishop had a bill providing for it prepared, and gave it to the big- bodied and big-hearted As- semblyman Doyle, of Essex, to introduce. It contemplated the maintenance of an institution, to be known as a Catholic Pro- tectory, out of the funds of the State ; established a prison, to which all the younger Catholic prisoners should be committed, and authorized the seizure by the police of idle, truant and de- linquent children of Catholic parents, and their commitment to its walls. The institution was to be entirely under the control of the Church, and the State was to have no connection with it at all — except to pay the expense of its maintenance. The mere introduction of the act might have been expected to MODERN BATTLES OF TRENTON. 113 arouse the people from one end of the State to the other, but for some inscrutable reason it lay unattacked in a committee of the House for weeks. Not till one of the New York newspapers explained its purpose were its opponents primed for a fight against it. Mr. Doyle, who introduced it, a big, jovial, rollick- ing fellow, made no secret of its purpose, and frankly admitted, when he was taxed about it, that it had been sent to him by the Bishop of the Diocese of Newark. Mr. Doyle found its most aggressive opponent in one of his own colleagues from Essex, William H. Kirk. Mr. Kirk was a stalwart fellow of heavy build, with dark, overhanging brow and keen black eyes, and suggestive, in his methods of speaking, of a Presbyterian Sun- day-school teacher. He had not been particularly conspicuous in the debates of the session till this act of his fellow-member aroused his combativeness. When the act was called up in the House on final passage. Kirk walked from his desk solemnly down the middle aisle and began an address that was printed in full in every newspaper in the State. He showed that the act was intended to establish by the authority and with the money of the State a penal institution that would be exclusively under secular control, and he urged that its passage would be the enter- ing wedge against the observance of the wholesome doctrine of the total separation of the Church from the State. "Not a Protestant in the land," he shouted, "would have the unblushing effrontery to propose such a bill," and then advanc- ing to the Clerk's desk he laid down the protest of the Newark Methodist Episcopal Conference against its passage. The stout- lunged McDonald, of Hudson, maintained that there was not a provision in the bill that had not been adopted in New York, Massachusetts and England ; that there were 300,000 Catholics in the State, and that they would not submit to having their children sent to an institution where the love for their religion was likely to be crushed out, and he insisted that the act did not call for a cent of aid from the State. Fitzgerald, of Essex, made a swelling speech about the separation of the Church and the State, and then wheeled around to the support of the act. T. S. Henry, of Essex, professed to be unable to see anything 114 MODERN BATTLES OF TRENTON. improper in the act, and the sleek Rabe, of Hudson, went to the aid of the act with the lawyer's plea that the incorporation of the Drew Theological Seminary was as much the State's recog- nition of a Church. Mr. Kirk met these criticisms with the observation that the wicked feature of the bill was that it allowed the State no voice in the management of the Protectory. In spite of Mr. Kirk's struggle against it the House passed it by a vote of thirty- six to twenty. The thirty-six affirmative votes which put it through were cast by Assemblymen Ander- son, Blancke, Bird, Bogert, Carrol ton, Carey, Conover (W. V.), Dodd, Doyle, Fitzgerald, F. French, Gill, Gordon, Hendrick- ,«on, David Henry, T. S, Henry, Magee, McDonald, McDonnell, ?McGill, Patterson, Pope, Rabe, Shann, Sheeran, Skellinger, .'Sutphen, Swayze, Swing, Van Cleef, Vanderbilt, Warrington, Wilson, Woodruff, Wyckoff and Zeluff. The negative votes were given by Messrs. Carpenter, Cars- callen, Conover, Edmunds, Goble, Halsey, Kirk, Lodge, Mor- row, Owen, Payne, Scovel, Taylor, Teed, Toffey, Torbett, Voorhees, Youmans and Youngblood. The Assemblymen who by their absence from the Chamber at the time the vote was taken, under suspicion of having dodged, were H. C. Herring, iR. N. Herring, Kinnard and Moffett. Assemblyman Kirk had not any idea what a great man he tad made of himself by his attack on the bill till he went back to his constituents in Newark. There he was received with the most effusive enthusiasm. The Order of Uiiittd Ameiican Mechanics arranged a demonstration in his favor, aud a great public meeting, attended by men of all parties, was the outcome. Resolutions indorsing his stand were adopted by all the councils of the order, and his fight against the bill was the theme of the ministers in half the pulpits in the State. When the act reached the Senate for concurrence, it was sent to one of the committees and so emasculated as to be scarcely recognizable. When it made its appearance on the Senate calen- dar again, on a report from the committee, it was accompanied by a still more radical church measure that Senator Abbett, of Hudson, had started on its travels through the two Houses. MODERN BATTLES OF TRENTON. 115 This act, known as the Liberty of Conscience bill, was aimed at the admission of priests to the State reformatories, pecal institutions and asylums. The Hudson Senator based his argu- ments for the passage of the act upon the broad constitutional provision protecting the citizen in his inestimable privilege of worshiping Almighty God in the manner most agreeable to the dictates of his conscience, and on the claim that some of the rites of the Catholic Church that might be allowable in the Slate institutions were not open to people of that faith who were inmates of them. He succeeded in forcing his bill to a vote before the Catholic Protectory bill was reached on the calendar, but it was overwhelmingly defeated. Besides himself, only Senators Cornish (Dem.), of Warren ; Dayton (Dem.), of Ber- gen ; Potts (Rep.), of Hunterdon, and Sewell (Rep.), of Cam- den, voted for it. The Catholic Protectory bill, in the comparatively harmless and inoffensive shape to which the committee had reduced it, was called up for final passage an hour later. It found a warm advocate in the courtly and elegant Senator Hopper, of Passaic, and a warmer opponent in President Taylor, the Essex Senator. When the roll was called there were but eight votes for it ; twelve were against it, and so it was lost. The ayes were Abbett, Blackwell, Cornish, Dayton, Hopper, Potts, Sewell and Smith — Potts and Sewell being Republicans. The twelve nays were spoken by Hendrickson, Hill, Hopkins, Jarrard, Learning, Madden, Newkirk, Schultze, Taylor, Thorne, Willetts and Wood, of whom Hendrickson and Madden were Democrats. General Sewell explained, when his name was called, that the bill, as amended in the Senate, was a mere title and a colorless charter for a benevolent institution of the Catholic Church that invested it with no State functions, and he could therefore see no objection to it. Senator Stone, of Union, who was absent when the vote was taken, rose in his seat the following day to announce that if he had been on hand he would have voted against Abbett's Liberty of Conscience bill but in favor of the Protectory bill. The attempt to pass these two bills aroused the State to the 116 MODERN BATTLES OF TRENTON. highest pitch of excitement. The spirit of the old Know- nothing movement became rampant again. A few days later, Robert S. Woodruff, an unusually popular man in Trenton, was defeated in his candidacy for Tax Receiver of the city on the unsupported assertion that his nomination had been arranged by the Catholics, and the circumstance that revealed the eflfect of this intimation against him upon his chances was the fact that Creveling, the Democratic candidate for Mayor of the city, and Shepherd, the Democratic candidate for City School Superin- tendent, were both elected in the same poll by as pronounced a majority as that by which he was defeated. In some of the towns of the State an attempt was even made to banish the Bible from the public schools, as a sort of act of reprisal ; and in Union Hill, a little German settlement just outside of Hoboken, such an attempt succeeded, though a Council of the O. U. A. M. marched into the Town Hall in a body to protest. The excitement measurably subsided as the day in September designated for the special vote on them by the people approached, and it looked as if the Constitutional amendments were to be allowed by the indifferent people to carry themselves. But the old-time antagonisms were stirred up afresh on the eve of the election by the appearance in a Catholic organ, known as " The Citizen," of an appeal to its readers to vote against all of the amendments. On the Sunday before the day fixed for the special election a circular also was read from the Bishop of the Diocese in all the Catholic churches, admonishing the faithful to defeat the anti-church amendments. To make assurance doubly sure, they were even solicited to vote against all proposed. For the use of those among the parishioners who were disposed to sus- tain the general law features of the amendments, ballots were distributed in the churches with amendments numbers one, two, eight and eleven crossed out. These amendments were those pro- hibiting the use of public moneys for sectarian purposes, guar- anteeing free schools forever and forbidding special legislation. The effect of the announcement of these movements on the people was electrical. A call to arms was sounded from Sussex to Cape May, and as if moved by a single impulse the masses MODERN BATTLES OF TRENTON. 117 sprang to the rescue of the imperiled amendments. The Catholic contingent turned out in goodly numbers, and there was more excitement at the election booths than one is accus- tomed to see even in Presidential years. The vote was unusu- ally large, and the count of the ballots showed that the entire batch of amendments had been popularly approved by a majority of over 40,000. The excitements were reflected in the elections of members for the Legislature two months later. A large num- ber of the Democratic Assemblymen who had voted for the Pro- tectory bill prudently refused to stand for re-election. Doyle, its father, trusted to the normal Democratic majority of 1,100 in his district protecting him from defeat, and learned how sadly he had miscalculated when he found himself snowed under by an enormous adverse majority of 2,000. Assemblymen Rabe, of Hudson, and David Dodd, of Essex, were the only Demo- crats who had voted for the bill and secured re-election. Assem- blyman Kirk was rewarded for his battle against it by a hand- some promotion to the Senate, and the Democrats again lost control of the Assembly. The amendments thus handsomely adopted became, of course, part of the State's Bill of Rights at once, and the Legislators who went into office immediately after their acceptance (in 1876) found themselves hampered, in their effi)rts to please their local constituencies, by the new inhibition against the passage of special laws and the requirement for general laws. There was a marked contrariety of view among the lawyers and public men as to the exact interpretation to be put upon these particu- lar amendments, and Governor Bedle, in his first annual message to the Legislature of 1876, undertook to throw some light upon the mooted question. He was of the opinion that the require- ment for general laws as to cities was not so broad as that for towns and counties, and that the only restraint against the enact- ment of such laws for cities was contained in the other new olause forbidding the naming of a city's local rulers by the Legislature. He urged the centennial Legislature to proceed with its work on that line. " The facility with which designing men have obtained special 118 MODERN BATTLES OF TRENTON. laws to enable them to prosecute various schemes of extravagance and fraud under the guise of public improvement and benefit has been the source of much of our municipal burden," he wrote. " Now is the opportunity, though late, to strike a blow for the protection of our property in municipalities by sweeping away the devices under the forms of law under which these abuses have been perpetrated, and substituting plain, just and general laws, alike applicable to all cities." The Legislature of 1876 was not by any means large enough to meet the situation thus mapped out ; and, after floundering- about for weeks in a vain attempt to devise some form of general legislation that would meet special emergencies, the members began to flood the calendars, as usual, with bills of a special and local character, doubtful all the time of their constitu- tionality, but determined to pass them and leave it for the courts to say what they were good for. Poor, afflicted Jersey City, that expected to be the immediate beneficiary of the new constitutional system, found herself in fresh embarrassments. There was no other city in the State whose affairs were admin- istered by legislative commissioners, and any act intended to relieve her of hers was necessarily special and local and conse- quently repugnant to the new constitutional requirements. Senator Abbett, however, framed a bill wiping out the irrespon- sible officials who controlled her, and when it was taken into court for the constitutional test argued that as it put the city on the same basis of home rule with all the other cities in the State, it was, though special and local in its application, essentially general in its character. The court sustained him, and Jersey City reached the end of that period of misrule. The constitutional prohibition of special legislation continued to obstruct the passage of bills, even into Governor Ludlow's administration, and the problem of dealing with special local interests was surrounded by so many embarrassments that a revision of the Constitution seemed to be imperative and an act authorizing the appointment of a Commission to amend it again was passed. Governor Ludlow was of the conviction^ however, that proper effort would produce a line of the general MODERN BATTLES OF TRENTON. 119 laws demanded, and in the hope of forcing the Legislature to enact them, he declined for a time to name the Commissioners, Eventually he appointed Leon Abbett, H. N. Cougar and John T. Bird. Barker Gummere and Holmes W. Murphy were named by the House, and John J. Gardner and Thomas S. Mc- Kean by the Senate, to act with them. They never devised any amendments that were acceptable, however. The chief sufferers by the new constitutional system were the members of the lobby who had grown rich in securing special legislation for their clients, and the gangs of official looters wha had found it possible to override every obstruction that the law offered to the carrying out of their programmes by a little special act. They both put up with the new order of things with ill-disguised impatience for several years, but found them- selves so often foiled in the pursuit of their game by the require- ment of general laws which hit a good many other communities than the one at which they wanted to aim, that they became clamorous, finally, for the elimination of the obstructive amend- ments from the Constitution again, and for the re-opening of the flood-gates of special legislation. The Legislatures of 1889 and 1890 yielded to the pressure and directed the submission of the question to the people. The movement placed the amend-, ments in jeopardy. It was feared that the active work of self- seeking cormorants might produce a favorable vote which an in- different and apathetic public might not take the trouble to offset; but when the day in 1890 for the taking of the special vote arrived, the people showed themselves more alert than they had been expected to be, and the proposition that the amendments should be taken out of the Constitution again was negatived by a handsome majority, and these salutary prohibitory features of the instrument are still a part of it. Rev. Father Corrigan, an independent Catholic priest of Hobo- ken, subsequently attempted to evade the force of the consti- tutional prohibition against sectarian appropriations with an act bringing the Catholic parochial schools measurably under the wing of the State. There had. been exciting discussions between this controversial rector and Bishop A. M. Wigger, the head of 120 MODERN BATTLES OF TRENTON. the Diocese in which his church is located, over an educational freak with religious leanings known as " Cahensleyism." Rev. Father Corrigan was of Irish descent, but full of the American spirit ; Bishop Wigger was of German lineage, and Father Corrigan openly accused him of still being wedded to the tradi- tions of the land of his birth — of being out of sympathy with American institutions and especially with the American system of public education. Their differences culminated in a discus- sion concerning the relations of the Church to the schools, of the races to the Church, and of all three — Church, races and schools — towards the Commonwealth. The outcome of the agitation was the preparation by the Hoboken rector of an act embodying his idea of the way in which the State could, in spite of the constitutional prohibition, be brought to the aid of the parish schools. At that time all the public schools in the large cities were overcrowded, children being turned away from the doors every day in the week. Father Corrigan seized upon the circumstance as a means of popularizing his plan for the joint conduct of the schools by the Catholic Church and the State. His bill proposed to throw the parish school buildings open to State use just as though they were public school buildings, and the ordinary routine of public school work was to be pur- sued in them till the afternoon ; then the priests and the Sisters were to be allowed to go in among the pupils to give them an hour or two of religious instruction. The idea did not meet with the approval of the higher authorities of the Church, but Father Corrigan determined to press it in spite of them. A little handful of priests from other sections of the State who had rather sided with him in his differences with Bishop Wigger accompanied him to Trenton one Monday evening during the session of 1893, and were given the freedom of one of the reception-rooms of the Executive Chamber. The air of the monastery sombered the brilliantly-lighted apart- ment, as around the table sat the little assemblage of priests, with clean-shaven faces and habits of severe black covering their well- nourished forms from their ears to their heels, awaiting the MODERN BATTLES OF TRENTON. 121 devotees of the Church who had been summoned from their seats in the Senate and Assembly to be importuned to present the act for the consideration of the Legislature. The prim, tall form of the young Essex Senator, Michael T. Barrett, was the first to enter the august presence. To their surprise and con- sternation he argued against it, and when pressed against his judgment was constrained to refuse point-blank to have anything to do with the movement. Senator William D. Daly, of Hud- son, was next called. Though not a Catholic, he stood for a large Catholic constituency. He declared his unwillingness in no less emphatic terms. And then young Thomas J. O'Brien, of Morris, looking for all the world like a priest himself, bowed himself respectfully out. The proposition had a political as well as a Church aspect. There had been signs of a renewal of the proscriptive Know- nothingism of the past ; and the throngs in the lighted corridors had begun to discuss the possible effect of the movement upon Deftiocratic prospects, when a portly gentleman moved among them towards the conference-room. His hair was tinged with gray, but his ruddy face and bright brown eyes were very young. Like those whom he was seeking, his face was clean-shaven, and he wore a suit of black. Everyone greeted him as Senator, bowed deferentially as he went by, and stepped back to allow him to pass, and when the door of the room closed on him, the whisper went around the corridor that Senator Smith would put his foot on the project as no other man in the State could. The handsome Newark leader, then on the eve of being chosen to be McPherson's colleague in the United States Senate, was a Catholic himself, in touch with the higher authorities of the Church. For an hour he was closeted with the priests. He argued against the measure from every standpoint, and because of his influence in Church circles, hoped to dissuade its pro- moters. The only effect of his protests was to dash their hope of eventual success, but they persisted in their calls for members till the most reckless of all of them had been called to their hearing. Everybody knew him as " Mike " Coyle. Repre- senting a Hoboken district so deep-dyed in its Democracy as to 122 MODERN BATTLES OF TRENTON. pardon any freak its representative might be tempted to indulge in, he finally consented to take the bill and have it placed upon the Assembly calendar for passage. The moment it made its appearance, it was smuggled into a committee-room and kept there, secluded from the public view,, till the Legislature broke up and went home. CHAPTER XI. Which is the Story of Mr. McPherson's Successful Battle Against ■ the State House Magnates and op the Excitements Attending his First Election to the United States Senate. Yvr'^^ ARE not to be betrayed into the idea that this dis- ^& cursive narrative of the efforts, first to overthrow, and afterwards to evade the force of the constitutional amendments, brings us to the end of our story. We have, indeed, thus far, closely followed the history of the Com- monwealth only up to the close of the Legislature of 1876. The fall of that year found the nation plunged into one of the most exciting of presidential struggles, and the State absorbed in its legislative elections, because there was a United States Senatorship at stake. Randolph had succeeded Stockton in 1875. The stately Frederick T. Frelinghuysen was to sur- render the other seat in the Senate in March, 1877, and to the Legislature to be chosen in the fall of 1876 would fall the nam- ing of his successor. The chances were with the Democrats in the legislative contests, because the State seldom failed to assert her Democracy in presidential campaigns. She had given her vote to Pierce in 1852, to Buchanan in 1856, to McClellan in 1864, to Seymour in 1 868. Only the multiplicity of Democratic candidates had enabled four Lincoln electors to carry the poll in 1860. Her failure to support Greeley in 1872 was due to the fact that he had once been a Republican, and was but the expres- sion, after all, of the intensity of her Democratic sentiment ; and when her voters went to the polls in the fall of 1876 to bestow her seven votes in the Electoral College, they tarried long enough to cast their votes for Democratic candidates for State Senator and Assembly. (123) 124 MODERN BATTLES OF TRENTON. But the local victory was less marked than had been the ex- pression of preference as between the national candidates. Tilden's majority over Hayes was between 12,000 and 13,000. The Democrats captured the Senate by a single majority. The Assembly, that on the basis of the presidential vote should have had a working Democratic majority, had been reduced by the Republican Redistricting Act to a tie. With so narrow a majority in their favor, the time would seem inopportune for a factional rivalry between the Democrats over the United States Senatorship, but the controversy goes into history as involving the first serious and determined challenge of the supremacy of the State House managers. Leon Abbett and John R. Mc- Pherson, who had engaged in a sort of preliminary skirmish with them in the senatorial contest of 1875, now threw down the glove to them in solid earnest. That McPherson and Abbett were preparing for just such a struggle as that which they had now determined to make has been apparent from what has been said of them in previous chapters. In their legislative careers both had devoted themselves to the cause of the working masses. They now openly charged that the Democratic leaders at the State House were aristocrats, devoted to the worship of the money power, and out of sympa- thy with the mas3e8 of the party who were obliged to depend upon their every-day work for their every-day bread and butter. Neither had let pass unimproved any opportunity that the pro- gress of legislation afforded to let the masses know that he was endeavoring to secure for them that recognition in party councils which the prouder and richer leaders of the party had not though it worth the while to accord to them. Abbett was especially fertile in creating situations that placed the exclusive system of party rule that the leaders at the State House enforced in the most striking contrast with the more popular system which he and McPherson wanted to establish. Mr. McPherson posed less than Abbett, but he proved an effective ally because of his skill and tact as a managing politician. Both were favored sons of Hudson. Abbett had come from Philadelphia, located in Hoboken, represented one of the dis- John R. McPherson. 126 MODERN BATTLES OF TRENTON. tricts there in the Assembly, moved to Jersey City, been sent from there to the Assembly again, and risen to the Speakership. Mr. McPherson had spent the larger part of his life in busi- ness in Hudson City, as that part of the Heights immediately west of old Jersey City was known before its consolidation with the old town. He had been successful and grown rich. There was scarcely a business enterprise of any kind set on foot there without his active participation. He had dabbled in politics from his early manhood, and had been the ruling factor for years in the Hudson City Council. Old George P. Howell, a brother-in-law of the late General Grant, who was his Repub- lican opponent when he first sought a seat in that body, stood at the polls all day on election day, and asked even his own party friends to vote for McPherson. McPherson's path to the seat was, therefore, an easy one, and once there he proved himself to be so valuable a public servant that no attempt was ever after- wards made to dislodge him. After the consolidation of Hud- son City with Jersey City he set his eye upon a seat in the State Senate, and found, when he sought it, that Leon Abbett had entered the lists in advance of him. There was a rivalry — a not unfriendly one — between the two for the support of the Demo- cratic leaders of the county, and as the hour for the holding of the county convention approached they saw that they had about evenly divided the local Democratic strength between them. If each had pursued his canvass to the end on lines of bitter- ness and either had triumphed over the other, the resulting auim >i^itits might have divided the Damocratic party against itself, and given the county a Republican representative in the upper branch of the Legislature. To escape that they concluded that it was wiser to concede to one another, and finally an arrangement was made by which a board of arbitrators, that both were to choose, should determine who of them should retire, in the interest of harmony, from the contest. The board tied as between them, but one of Abbett's supporters gave way to McPherson, and Mr. Abbett stepped aside to allow Mr. Mc- Pherson to take a nomination without further opposition. That was the beginning of an alliance between these two MODERN BATTLES OF TRENTON. 127 powerful leaders that has its sequel in all the subsequent history of the State traversed in the pages of this book. It was an alliance of two men who had come up from the humblest beginnings to fight the moneyed aristocracy that ruled the party with a rod of iron from the State House at Trenton. Inci- dentally some of the work of both has been sketched in previous chapters. The rest of these pages is devoted largely to telling the story of the rest of their careers. They had made their first diversion against the State House autocracy when, at the time of the election of Theodore Randolph to the United States Senate, in 1875, they supported the candidacy of his rival, Robert Gilchrist. Ex-Governor Randolph achieved the office in spite of them, but the fight made for Gilchrist was of such a character as to convince the State House leaders that they had no mean antagonists in the two opposition leaders who put Mr. Gilchrist in the field. There were whispers, as the campaign that produced the Legislature of 1877 progressed, that Mr. McPherson had him- self become ambitious for the United States Senatorship, and that if the majority on joint ballot were Democratic he expected to succeed Frederick T. Frelinghuysen. Mr. McPherson had recently invented a system for the safe and comfortable trans- portation of cattle from the far West to the great abattoirs of the East that the railroads were ready to use and that promised an enormous fortune to him. It was while working at Wash- ington to influence a little favoring national legislation to make the assurance of the fortune doubly sure, that he became in- spired with the ambition to sit in the Senate. The year 1876, when the contest between the parties for the control of the Legislature that was to elect the new Senator took place, was even more notable in national history than in the State. It was the Centennial year ; it was also the year when the historical rivalry between Tilden and Hayes for the Presi- dency occurred. Nowhere in the country did the party antag- onisms which that rivalry aroused manifest themselves more violently than in New Jersey. Having carried the State, and, as they believed, the nation, for Tilden, there was a prevailing feel- 128 MODERN BATTLES OF TRENTON. ing among the Democrats of the Commonwealth that the party might rather fight, for its rights than see the Presidency stolen from them. The situation was so serious that a num- ber of leading Jerseymen held a meeting in New York to prepare for it, at which a committee, consisting of Robert Gilchrist, Ashbel Green, Gershom Mott, Wm. W. Shippen, John P. Stock- ton, Jacob Vanatta and Garret D. W. Vroom, to consider the political situation and determine what the public duty of New Jersey might be in the expected crisis was appointed. The move- ment seems to have been scarcely more than an in- dication of the super- heated condition of the public mind — for when, at the end of the tactical campaign between the adherents of the two presidential candidates in Congress, Rutherford B. Hayes was declared by an extfa-Consti- tutional Commission to have been elected. New Jersey, with the rest of the nation, accepted the situation with nothing more violent than a protest. Several of her statesmen had in fact done their part in fashion- ing the result. Frederick T. Frelinghuysen was, as already stated, her representative in the Senate of the nation. His was one of the eight votes cast, on the day before he stepped out of his high position, in the Commission of fifteen in support of Hayes' title. Joseph P. Bradley, who had been a railroad lawyer in Newark, and risen to a position on the Bench of the Supreme Court of the United States, cast a second of the eight Garret D. W. Vroora. MODERN BATTLES OF TRENTON. 129 votes. Ashbel Green was of those who pleaded Tilden's cause before the Commission, and Cortlandt Parker, a stately lawyer of Newark, had been one of the visiting statesmen who assisted to arrange matters in Louisiana in Hayes' interest. When the Legislature came to Trenton early in January to elect a successor to Mr. Frelinghuysen, the perilously close Democratic majority dovetailed with the presidential complica- tions to make the issue of the senatorial struggle a doubtful one. With eleven Democrats and ten Republicans in the Senate and the Assembly thirty on each side— with, therefore, but a single vote standing between them and success— the Repub- licans were not without hope that by complicating the situa- tion they might succeed in renewing Mr. Frelinghuysen's term at Washington. Mr. Frelinghuysen had not yet made his famous speech in the Senate concerning the method of conduct- ing the electoral count, nor had he as a member of the Electoral Commission assisted by his vote to carry out the Hayes pro- gramme ; and the hope that the respectful consideration of his name as a senatorial possibility again might influence him to liberality in dealing with the electoral complications persuaded even some Democrats to lend a favorable ear to his candidacy. Tiiden's influence might take from the Democratic majority the one vote needed to send him back to the Senate. Mr. Freling- huysen might in return be induced to aid Mr. Tilden in bring- ing about a favorable conclusion of the electoral controversy. Then there were other local influences at work in his behalf quite as effectively. One of the forty-one Democrats was a German brewer from Newark, named Gottfried Krueger. He had recently established his malt-houses and had involved him- self in expenditures he found it hard to bear. The money paid by him into the hands of the United States Revenue Collector for beer stamps during the course of a year was an enormous item for him. Ex- Congressman George A. Halsey was the recognized medium through whom the presidential favors in New Jersey were distributed. His word, of course, went a long distance with the federal official, and it was feared that he might convince Krueger that he could make things easier for him at 9 130 MODERN BATTLES OF TRENTON. the revenue office if he would but consent to assist the Repub- licans on the joint ballot. The Democrats felt constrained to keep Krueger under espionage from the very moment he reached Trenton, and all their movements indicated that they were afraid that he was preparing to ally himself with the Re- publicans and assist in defeating the election of a Democratic Senator. Factional bitterness in the Democratic camp increased the <;hance of these defections. Mr. McPherson proved to be an aggressive candidate for the favor of the Democratic joint caucus. The moment he made his ambition known the State House autocrats summoned all the powers of the State in opposition to him. They believed in opposing him with Ashbel Green that the closeness of their relations would bring Samuel J. Tilden actively to Judge Green's support. Governor Bedle was accused of helping them by placing the State patronage at the disposal of those Senators and Assemblymen who would agree to vote against McPherson for Green, and a party of Hudson men favorable to McPherson's candidacy even waited upon him and protested that he had no right to do it. Feverish excitement marked the opening of the Legislature because of the complications on both sides. McPherson was determined at whatever cost to humble the State House autoc- racy. The State House autocracy felt that it was making a fight for life or death ; and with the majority of but one against them, the Republicans hoped to bring a man of their own choice through the scrimmage. All sides played carefully for posi- tion, and no movement was taken rashly or precipitately. The eleven Democrats in the Senate found it easy to organize promptly, with Leon Abbett as President, and Charles Jamison, of Somerset, as Secretary. But the two sides fought for the vantage in the evenly-divided Assembly. The members of that chamber should have organized at the same hour at which Mr. Abbett was made President of the Senate, but when John Y. Foster, by virtue of his position as Clerk of the preceding Assembly, called the roll, only the thirty Republicans answered ; the thirty Democrats had evidently stayed away by pre-arrange- MODERN BATTLES OF TRENTON. 131 ment. Nothing was possible except a motion to adjourn till the next day, and John W. Griggs, then a rising young Paterson lawyer, made it. On the following day every seat was filled, and an attempt was made to elect a Speaker. The Democrats nominated Rudolph F. Rabe, a sleek and plausible Assembly- man from Hudson ; the Republicans presented the name of A Id en C. Scovel, of Camden. The roll- call on three or four ballots showed thirty votes for each and con- sequently no election. The deadlock con- tinued for a day or two later. It was broken before the end of the week by a divi- sion of the officers be- tween the two parties. One morning, just after Mr. Foster had completed the roll-call, Assemblyman Howell, of Essex, arose in his seat and surprised his fellow- Republicans with a resolution designating all the officers of the House from Speaker down to Doorkeeper. It gave the Speakership to Rabe and the Clerkship to Foster. Having thus divided the chief places between the two parties, the resolution showed a similar division of the minor positions. Assemblyman Griggs entered a sharp protest against that method of election and raised the point of order that each officer should be separately chosen. Mr. Foster ruled the point not well taken and put the resolution before the chamber. Howell and Van Rensselaer, of Essex; Vail, of Union, and Rue, of Mercer, Republicans, joined with Rudolph F. Rabe. 132 MODERN BATTLES OF TRENTON. the thirty Democrats and put it through, and the Assembly was ready to proceed with business. The decks were thus cleared for the senatorial battle, with the Democrats in the advantage. Both Houses were controlled by men of their party, and preparations were made for the caucuses. The Republican forty met in one of the rooms of the Trenton House, and with one voice agreed to support Fre- linghuysen for re-election. The Democratic forty-one were to have met the same evening in the Assembly Chamber to select their candidate, but Mr. McPherson hadn't his fences all up yet,^ and President Abbett gave him time to do the needed work by peremptorily adjourning the Senate, and ending the Legislative week before the State House coterie could call a caucus. When the members re-assembled for the week's session on the following Monday McPherson had arranged everything to his satisfaction, and the call for the nominating conference went out. The war between the Hudson candidate and the State House autocrats waged fast and furious behind locked doors, and the partisans of the two sides narrowly escaped blows while the discussion was on. When the ballot was taken, however, it was seen that Mr. McPherson had a decided majority, and he was declared ta be the nominee of .the Democratic party against Mr. Freling- huysen. His victory in caucus was, however, only the first step towards securing the distinction. The joint meeting at which the action of the caucus was to be ratified was yet two days away, and the most difficult part of his canvass lay in keeping his men together until the hour for his election arrived. The nominaiion had no sooner been made than the Republicans began to dicker with the weaker brethren in the Democratic camp. Their hold, through Mr. Halsey, on Krueger was evidently a strong one. The Democratic caucus kept him carefully under eye, and from the time the nomination was made to the time when the joint meeting was held every movement of his was reported to the caucus — whom he met and where he went, what he ate and where he slept — the caucus knew it all. Other members were put under the same kind of espionage. Alexander MODERN BATTLES OF TRENTON. 133 W. Harrip, a Southern adventurer, who had managed to get into oce of the Hudson seats; EHas J. Mackay, representing one of the Wairen districts, and Thomas J. Hannou, a butter dealer in Jersey City, were all unconsciously placed under the eye of detectives. Mr. Frelinghuysen had meanwhile disappointed the Demo- cratic hope that he might pursue a conservative course in the electoral controversy ; and by a speech in the Senate upholding the proposed Republican method of count he had aroustd such sharp criticism among the Democrats that his Republican backers felt that it would be worse than useless to attempt to break the Democratic caucus in his interest. There were rumors that if the Republicans would drop Frelinghuysen, William Walter Phelps, a brilliant Bergen county Congressman, might be able to persuade Harris and Mackay to join them in electing him. The Republican managers exploited that rumor and dis- covered that there was not sufficient foundation for it to justify them in making it the basis of action. The day before joint meeting, however, ex-Secretary George M. Robeson appeared in Trenton and announced with a great flourish of trumpets that if he were taken up by the Republicans he could get the needed Democratic vote. Mr. Robeson had been Attorney-General of the State, and won a national notoriety as General Grant's Naval Secretary. The two years that had passed since he had stepped down from his high position in Washington had been spent in Camden in legal practice. Just before he obtruded himself into this senatorial controversy he bad escaped contemnation at the hands of the Democratic House of Representatives by the vote in committee of A. A. Hardenbergh, an amiable Democrat who represented the Hudson county district in the House of Representatives. The moment Mr. Robeson reached Trenton, it became noised around that ^60,000 were at the disposal of any Democrat who would join the Republicans in making a Senator of him. Before nightfall it was positively asserted that a Democrat had been secured, and the Republicans assured themselves that the deal was so likely 134 MODERN BATTLES OF THENTON. to be carried out that they re assembled in caucus, and, dropping Frelinghuysen, formally made Robeson their candidate. Trenton has seldom seen a night of such excitement. Mr. McPherson's managers were convinced that the Republican caucus would not have changed from Frelinghuysen to Robeson unless the change was to be consummated in joint meeting at noon on the following day, and every man in their caucus was put under the most careful scrutiny. By midnight it had been currently reported that Hannon was the weak brother. Hannon stood in the Assembly as the representative of the famous Democratic Horseshoe District. When he sought the nomination he had been opposed by Terrence J. McDonald. The vote between them stood eleven each in convention, and an appeal to the County Committee was needed to break the dead- lock. The committee made Hannon the nominee, but '^ Terry," as McDonald was familiarly known, announced himself as the regular candidate, and because he was better known than Hannon, Hannon came to be looked upon as the independent nominee. Hannon was elected, and after he had reached Trenton he seems, for purposes of his own, to have encouraged the idea that he was not to be numbered with the regular Democrats. When he thus held himself up as not of the fold, it was a temptation to the Republican plotters to deal with him, and it was not long before they were in communication with him. A few weeks after elec- tion he was called upon by Frank Champney, the son of the Republican Chief of Police of Jersey City, who reminded him that he held the decisive vote between the two parties in the senatorial contest and pictured to him the golden opportunities that lay before him. The result was that Hannon was persuaded to go to the Cosmopolitan Hotel on the following Sunday to meet an unnamed tempter. There he met a man named Gregory, who had held some official position under Robeson and after- wards made an unsuccessful Assembly contest in one of the Jersey City districts, and this man introduced him to a fine- looking fellow, whose name has not been divulged. The stranger talked to him about Robeson and $10,000, and a day or two later he went sleighiiding with this individual, and was MODERN BA.TTLES OF TRENTON. 135 gratified to hear that the price had been advanced to $25,000. There had been two or three conferences, when Hannon, becom- ing frightened, sought Senator Abbett, at Martin M. Drohan's house in Jersey City, and laid the matter before him. Both Mr. Abbett and Mr. Drohan advised Hannon to continue the negotiations to the end. Thus things stood on the morning of joint meeting. Twelve o'clock was the hour for the assembling of the two Houses in joint convention. The Democrats were under high tension, and alarm was on every face when it was seen that some of the members were out of their seats. The big brewer from Newark, whose antics had excited so much apprehension, was among his Essex colleagues, and Harris' long, red beard was descried among the Hudson members. Even Hannon was in his place,, but little Mackay, of Warren, was absent. Mr. Abbett, who by virtue of his Senate Presidency presided over the two Houses, ordered the doors locked, and with a voice of iron com- manded the Sergeant-at-Arms to bring Mr. Mackay in. The hunt for him was not long. He was found loitering around a statue of General Phil Kearny, which now ornaments one end of Military Park in Newark but stood then neglected and dust- covered in one of the corridors of the State House, and marched to his seat in the chamber. All the members being now in their places, the motion that the joint meeting proceed to the election of United States Senator was made by Speaker Rabe. Instantly a dozen members flocked to the floor to Hannon's seat, and politicians, leaders and workers of both parties, chased to his side from the lobbies. No man was ever so thoroughly under guard. The Democrats lowered at him suspiciously, and he knew from their glare that serious violence would pay for his desertion of his party. The Repub- licans were there to keep him in countenance while he cast hi© expected vote for them. "Duke" Tilden, a fat and good- natured Republican Assemblyman who sat next to him, leaned over to whisper to him. "I hear," he said, "that a Democratic vote has been got for Robeson, and that it is going to be cast by the man who sits next to me." 136 MODERN BATTLES OF TRENTON. " Wait till you see," Haonon responded with a lip trembling with excitement. Meanwhile, the two caucus candidates had been put before the body — Robeson for the Republicans, McPherson for the Democrats — and every man tallied the announcements as the roll-call proceeded, with nervous fingers. A pin could have been heard to fall when Hannon's name was called. As he responded with McPherson's name a great cheer rent the air and his Demo- cratic guard flocked to the seat of Harris, whose name was next on the roll. He, too, said " McPherson," and the excited throng dashed over the chamber and clustered around Krueger's seat menacingly till he had said "McPherson," and then to Mackay's bench till he had said " McPherson." All the doubtful votes had now been tallied up, and the Democrats burst into an applause that was deafening. The cast-up of the total showed that Mr. McPherson's army had been held firmly to his stand- ard and that the scheme of Robeson's friends had been defeated. The vote, as it was first taken, showed forty- one Democrats for McPherson and forty Republicans for Robeson. Before it had been announced, however, the disappointed Republicans broke ranks and fled from their candidate. Senators Hobart and Kirk and Assemblymen Brigham, Griggs, Cavileer, Voor- hees, Cory, Payne, Van Duyne and Hill sprang to Freling- huysen ; Senators Magie and Schultze and Assemblymen Pier- son, Vail, Traphagen, Tilden, Van Rensselaer, Leonard, Howell, Wightman, Burroughs, Taylor, Van Hise, Drake, Nichols, Schultze, Pancoast and Cooper changed to Cortlandt Parker, and Assemblyman Cunningham to Phelps. On the announce- ment, eighteen were for Parker, ten for Frelinghuysen, one for Phelps, and Robeson, the slated candidate of the caucus, had but eleven of his braves left. The subsequent revelations of the session showed that the fears of Krueger's party loyalty were not wholly without justi- fication. The watchful scrutiny that had been deemed prudent to keep him true during the senatorial struggle had to be re- newed when the canvass for the State Comptrollership began to assume shape a week afterwards. The term of Albert L Run- MODERN BATTLES OF TRENTON. 137 yon, who had filled that important State office since 1871, was about to expire, and upon the joint meeting devolved the choice of his successor. Just as the hope of Hannon's desertion of his party had tempted the Republican caucus to give the senatorial nomination to Robeson, so the promise of Krueger's defection now beguiled them into taking Samuel Morrow, a bright-faced young Newark lawyer, as their candidate for State Comptroller. The Democratic caucus decided to confer the office upon General Robert F. Stockton, a son of famous old Commodore Stockton and a brother of John P. Stockton, whose achievements in peace and war had won for them the admiration of the nation. But Mr. Morrow had acted as counsel for Mr. Krueger, and the stolid- faced brewer- Assemblyman made no secret of his devotion to his cause, without regard to the action of his party's caucus. His failure to put in an appearance at the first of the joint meet- ings at which the choice between the two candidates was to be made left the Democrats without the forty- one votes needed to elect General Stockton, and the belief that it was part of a scheme to aid Morrow's election led Senator Abbett, as chair- man, to arbitrarily declare the joint meeting adjourned. The next day Krueger was in his seat, ready, as everybody believed, to vote for Morrow, but the solidity of the Republican vote was spoiled that time by the absence of Senator Sewell, of Camden. The R,epublican prints explained for him that he had stayed away to attend the annual meeting of the directors of a railroad of which he was the Superintendent at the time. Assurances were given that he had not known of Morrow's nomination till summoned by a dispatch from Trenton to vote for him, and that the moment the dispatch reached him he had sprung to a special locomotive and driven like mad for the State House. He arrived in Trenton only to learn that the Democrats, taking advantage of his absence, had forced an ineffectual ballot and then adjourned the meeting. Senator Hill, of Morris, had put Morrow's name formally before the joint meeting. Stockton's name had been presented by Assemblyman Bergen, of Somerset. -Stockton had received only thirty-six votes. Krueger and the 138 MODERN BATTLES OF TRENTON. thirty-nine Republicans present had voted for Morrow. Gen- eral Sewell's vote would have elected him. It was a week before the next joint meeting was held. Mean- while, Major Anderson, who was Comptroller's Runyon's chief deputy, had, though a Republican, reached an understanding with General Stockton for the retention of his office and had used his personal influence to induce his party friends in the two Houses to aid General Stockton. When the hour fqr the fateful roll-call arrived, the eighty- one Senators and Assembly- men were all in their seats. Krueger played away from Mor- row to watch the effect, and, with his Essex colleague, Gomer, and his Bergen colleague, Winant, cast a vote for William P. McMichael. The Republicans stood solidly to their caucus nominee on the first roll-call. But there were many who could not reconcile themselves to the methods by which he hoped to win ; and the fear that Krueger might, on the second ballot, join them and elect Morrow led a host of them to change their votes before the result was announced. Senator Hobart was the first to desert the Morrow standard. He surprised gallery and floor by voting plumply for General Stockton. Senators Sewell, Kirk, Matthews, Willetts, Hill, Leaming, Magie, Schultze and Plummer, and Assemblymen Scovel, Vail, Van Hise, Van Rensselaer, Voorhees, Griggs, Cunningham, Payne, Core, Wight- man, Ashley and Van Duyne followed suit in rapid succession. Thus General Stockton was given an overwhelming majority, and Chairman Abbett lost no time in declaring him duly elected. When he entered upon the discharge of his new functions General Stockton at once appointed Major Anderson to the chief place in the department. But the desertion of their caucus nominee by the most influential of the Republican members was as much designed to stamp Mr. Krueger's threatened abandon- ment of his party with the seal of their disapproval. The rest of the history of events under Governor Bedle's ad- ministration is easily recounted. The passage of the District Court act worked one of the notable reforms accomplished. The courts established by this act were to supersede in the cities what were technically described as the Courts for the Trial of MODERN BATTLES OF TRENTON. 139 Small Causes, but popularly known as ihe Justices' Courts. The determination of suits involving small sums of money had long been committed to the Justices of the Peace. The judicial instinct was too often lost in the greed of the incumbents, and their courts degenerated into mere collection agencies, the dig- nitary who presided over them acting as a collector with a com- mission, depending upon hU success in enforcing payment, in prospect, and as counsel for the plaintiif, judge and jury all rolled into one. No defense availed against any claim left with him for collection; the judgment was always for the court's clients, and then all the terrors of the law were invoked to enforce its payment. Only the more ignorant men sought elec- tion to the office, and by degrees they grew to be so oppressive and corrupt that their courts came to be recognized as an organ- ized and licensed system of extortion, and the necessity for their abolition became apparent. But no steps were taken towards that end till many of the conscienceless fellows who officiated in them had been put under indictment by the grand juries and forced to surrender their offices as the price of their freedom. Two or three of them had returned their commissions to Gov- ernor Bedle while he was on the bench. When public attention had thus been directed to their vicious abuse of function, an act taking from those in the cities all of their civil prerogatives, and transferring them to District Courts, conducted by ap- pointees of the Governor, easily won the favor of the Legisla- ture and Governor Bedle's approval. Like courts would have been established throughout the State but for the objection of the rural members that the constituencies they represented could not bear the expense attending them; and in the cities they would have been denuded of their criminal functions as they were of their civil, but that the State Constitution, in providing for the election of Justices of the Peace, seemed to give them some kind of constitutional countenance. When he came to the selection of new functionaries. Governor Bedle created no end of commotion among the more partisan of Democrats by nominating John A. Blair, a conspicuous Repub- lican lawyer, to one of the judgeships in Jersey City, and incurred^ Joseph D. Bedli;. MODERN BATTLES OF TRENTON. 141 a more than fair degree of censure for the selection of his father- in-law, Bennington F. Randolph, for the other. The strife between the State House managers and the anti- State House managers had not yet expended itself, and Senator Abbett, as the leader of the anti's, made vigorous protest against the con- firmation of the nominees. As Mr. Abbett repre-ented the county in which these gentlemen were to serve, his refusal to consent to confirm ition was final, and Governor Bedle had to make the appointments ad interim^ after he had sent the Senators to their homes for the year. The next Senate confirmed them, however. A second excitement that attended his administration grew out of the great railway strike that, beginning on the Baltimore and Ohio lines in the West, spread sympathetically all over the country. The lawless rabble that exists in every community made the agitation attending the strike the cover for rapine and robbery; and great riots, which sacrificed both property and life, occurred in Chicago, Pittsburg and Philadelphia. The Jersey Central, more or less closely linked with the system on which the strike had originated, and the Morris and Essex, whose men had long complained of their treatment by their superiors, became involved, and an attempt was made, also, to call out the men on the Pennsylvania railroad. At that time George W. Barker, one of the most amiable railroad men in the country, was Superintendent of the lines running out from Jersey City to Pittsburg. He was not with- out fear that his men would be drawn into the controversy, and he felt that the time had come when a delegation of train- hands waited upon him one morning to notify him that they would be forced to abandon their engines at noon. He met them with smiling good humor, and with his most gracious air begged them to lay their grievances before him, that he might present them to his superiors and have them adjusted satisfactorily. They were obliged to confess that they had none, but the Brotherhood of Locomotive Engineers had ordered them to a^ sympathetic strike and there was no disobeying the command. Mr. Barker pointed out to them that the striking railroad men throughout the country were being held responsible for the tur- 142 MODERN BATTLES OF TRENTON. bulence aod destruction wrought by mobs with which no honest laborer could have any sympathy, and asking them if they were prepared to bear a like odium. He argued the point with them with such adroitness and amiability that two hours later the same delegation waited upon him to let him know that they had reconsidered their action, and determined to stay at their throt- tles as long as they were protected from outside violence. The consequence of these civilities was that there was, during all the strike, but a single occasion when anything approaching an interruption of traffic on the road occurred. The United States government had ordered a battery of artillery moved from Fort Hamilton to the West, and they were to go by the Pennsylvania roads. McMichael, the engineer of the locomo- tive that was to haul the train on which they were to be trans- ported, was threatened with death by a great throng of ugly- looking fellows who crowded into the depot, if he dared to open the throttle as long as that battery was behind him, and he abandoned his locomotive. Engineer David Kerr, a man of known courage, was asked by the company to take his place. He sprang unhesitatingly to the cab and bravely drove the loco- motive out of the shed through a shower of stones and bricks hurled at him by the angry and chagrined crowd. It may be assumed that if this greatest of the railroads that cross her bosom had been opened to the turbulent mobs that besieged the Pennsylvania boundaries of the State, the invasion of New Jersey would have been completed ; and Superintendent Barker's admirable handling of his subordinates strengthened the arm of the State more than was probably real- ized at the time. The participation of the Jersey Central and the Morris and Essex hands in the strike still left two of the great highways of travel open to the besiegers, and it became incumbent on the Governor to guard the points where those roads entered the State. This he did with the aid of the citizen soldiery. Making Police Headquarters in Jersey City his military headquarters, he called several regiments of the National Guard to arms. The import- ant points to protect were in the southern end, where the brigade MODERN BATTLES OF TRENTON. 143 of which General Sewell was the commander was stationed. He moved his forces from their several armories to the threatened scene of conflict so quietly and so expeditiously that the hills around Phillipsburg had been turned into a camp even before the masses knew that the men had been ordered out; and he deployed his little band of soldiers so skillfully that, although transportation was interrupted for a season, the rabble was kept at bay. His men guarded the trains over the two obstructed lines, protected the new crews the companies put in charge of them, and finally restored the broken communication with New York. Governor Bedle and General Sewell earned no end of com- mendation from all parts of the country for the skill and courage with which they had saved New Jersey from the destruction that had marked the progress of the strike in the surrounding States. CHAPTER XII. Which, More ok Less Adequately, Describes the Spectacular Convention at Which Leon Abbett was Defeated in Hls Gubernatorial Aspirations, and General Mc.Clellan was Made the Democratic Nominee in His Stead. IP HE selection of his successor was the crowning agitation of Governor Bedle's administration. The State House autocracy with which Governor Bedle had always been identified measured lances with its factional opponents of the Abbett- McPherson wing for the last time, and won only by a trick. It will be recalled that in its first encounter with the oppo- sition it had suffered defeat in the election of John R. Mc- Pherson to the United States Senate over Judge Ashbel Green. In this renewal of the contest, McPherson's skillful ally, Abbett, threw down- the glove to them with his demand for the nomination for the Governorship. It has already been said that all through his legislative career Mr. Abbett's course had been one of unfaltering opposition to the domination of the State House magnates. He had haled them to the bar of public opinion as purse-proud aristocrats who had no sympathy with the masses ; and, springing always to the defense of the common people, he had posed as the Great Com- moner of the State. The State House people were indeed a trifle overstrained and high-toned, and Abbett was specially obnoxious to them from the two points of view that he had made himself their political enemy, and that he was " not of their set." It had been suspected, when he lent Mr. McPherson his effective assistance, in holding the narrow Democratic majority in the caucus of the winter together, that an offensive and defensive (144) MODERN BATTLES OF TRENTON. 145 alliance had been formed between them, and that Mr. Abbett's reward for his fidelity to Mr. McPherson's interests was to be Mr. McPherson's assistance in reaching the Governorship. The State House managers paid but little heed at the start to the rumor of his coming candidacy, and there is a story that the Senator would not indeed have been over-anxious for the nomi- nation at that time but for his desire to please his wife. Mrs. Abbett longed to be the chief lady in the State. A handsome and stately blonde, with a charming personality, she had the graces and accomplishments that would have adorned such a station, and she lent herself to a zealous advocacy of her hus- band's promotion. A pretty tradition tells of the bewitching importunity with which she urged the leaders whom she met at the resorts during the summer to " help me make Leon Gov- ernor." Captivated, some — too gallant to refuse, others — many of them forgot their factional relations, and promised ; and so the State House managers were surprised, when the canvass actually began, to see that some of their main supporters had been tempted from them. By the middle of September they had come to realize that the Abbett-McPherson combination was as likely to prove as bothersome in the gubernatorial arena as it had been in the senatorial. Their apprehensions drove them into conference, and they met in New York one night several weeks before the convention was to assemble. Senator Randolph, Governor Bedle, Attorney- General Yanatta, Clerk in Chancery Little, Secretary of State Kelsey and one or two others whose names were never given out, gathered to consider the situation and determine upon a candidate to confront the magnetic man from Hudson with. But little time was given to the consideration of the first point. The plain situation, as they saw it, was that Abbett was a dangerous possibility and that their continued predominance in party councils necessitated his defeat. The second point was not so easy of solution. There was only one available man within sight and they were not over-enamoured of him. They thought that perhaps the historic name of his family might rally the Democratic masses to the support of ex-United States Senator 10 146 MODERN BATTLES OF TRENTON. John P. Stockton, but he was not quite agreeable to them as a candidate. Had they not crowded him out of the United States Senate with Randolph ? And they felt it safe to assume that in the event of his election he would not hesitate to retaliate upon them. It was desirable, too, as a means of breaking the local strength of Abbett's candidacy, that their rival candidate should be taken from a section of the State nearer to Abbett's own county of Hudson than Mercer, which was Stockton's home. But where was the man in that section with sufficient personality to com- mand a following ? The name of Frederick H. Teese, of Essex, was canvassed from that standpoint, and it was agreed that if the suggestion of his nomination were received with anything like enthusiasm they would advance him ; that if it were not, they would give their support, as a last resort, to Stockton, but that with some one Abbett was to be beaten at all hazards. The publication by Judge Teese, a few days later, of a letter refusing the use of his name, was accepted by the Abbett con- tingent as a notice that they had found a more available man, but till the moment he was sprung upon the convention they did not dream who he was. But one man iff all of Hudson county probably knew the name they proposed to conjure with. That one man was Orestes Cleveland, a politician of equal influence with Mr. Abbett, who had sworn eternal enmity against Abbett. Mr. Cleveland had for years been a leading spirit in Hudson county afiairs. He had served as Mayor of Jersey City for several terms, and had represented Hudson and Essex, when those two counties made up the Sixth district, in the Congress of the nation. He was a skillful and resourceful manipulator, a man of large wealth, liberal to the point of waste, President of the busy Dixon Crucible Works, a chief mogul among the American Institute managers — the man, indeed, whose suggestion and advocacy had originated and inspired the movement for the observance of the Nation's Centennial Anniversary by the great fair at Philadelphia. His associations were varied and exten- sive ; his interests widespread. He was known personally to a MODERN BATTLES OF TRENTON. 147 large proportion of the voters in the county, and his office in the Dixon works was the center from which all the political lines radiated. He had finished his term in Congress in 1871, and, tempted by the prospect of being the Centennial Mayor of Jersey City, had sought the nomination for that municipal office in 1876. Henry Traphagen, who was then serving as Mayor, was entitled by party usage to re nomination, and his friends retaliated upon Cleveland, for being the means of depriving him of it, at the polls, and helped to throw the honor he so eagerly coveted to Charles Seidler, the active head of the Lorillard tobacco house, whom the Republicans had nominated. Mr. Cleveland recovered his ground sufficiently after this defeat to become a candidate for delegate to the National Democratic Convention at St. Louis that, a few months later, nominated Samuel J. Tilden for the Presidency. Mr. Abbett was a candidate for the same distinction, and as it was not pos- sible for both to have it, it wag necessary for one to retire. An arrangement was finally made by which Abbett was to go to St. Louis and Cleveland was to be made a member of the National Democratic Executive Committee. Mr. Abbett was chosen to act as chairman of the State delegation to the con- vention, and when, after Mr. Tilden had been nominated, the States were called upon to name their executive committeemen, it became Mr. Abbett's duty, as sponsor for the delegation, to hand in the name of the New Jersey member. When he arose to respond, he answered, however, not with the name of Orestes Cleveland, as he had promised, but with that of Miles Ross, of New Brunswick, a veteran leader of the middle- state Democracy. This breach of the engagement made Mr. Cleveland white with anger and resentment, and he vowed that if he could prevent it, Senator Abbett should never hold another elective position. Mr. Abbett's appearance before the State Convention of 1877 for the gubernatorial nomination affijrded him his first oppor- tunity to strike back, and he and the State House autocrats found a common ground of sympathy in their dislike of him. The convention was held on Wednesday, September 20th. The preceding night had been one of unusual excitement in 148 MODERN BATTLES OF TRENTON. Tienton. The hotels were thronged with boisterous workers from all parts of the State. Abbett's was the name on most of their tongues. That the delegates from counties which he could not reach were divided between Stockton, John T. Bird, William A. Righter and John McGregor, was accepted as an indication of his coming triumph, and the more so when, as the night wore on, it was noised around the hotel corridors and the barrooms that delegations with opposing candidates were apparently unable to agree on any one of them. When the delegates trudged to the Opera House at noon they found the places which they expected to occupy already filled with an outside rabble. It did not seem to occur to the Abbett managers that these could not have secured admission to the benches without the connivance of the State Committee's guards at the door, and they were looked upon as intruders who had negligently^been allowed to pass the sentinels. It escaped their notice, too, that these trespassers were skillfully distributed all over the hall. The delegates, of course, clamored for their seats, but the impudent intruders refused to make room for them, and the great throng was in an awful hubbub when William W. Shippen, of Hoboken, Chairman of the Democratic State Committee, hammered the pine table on the platform with his cane for order. The noisy demands of the standing dele- gates for their places were quieted for a time by Mr. Shippen's assurance that seats would be provided^for them in due season, and Benjamin Williamson, of Elizabeth, the shrewd and wily ex-Chancellor, was named by Mr. Shippen as the temporary Chairman. The hour before dinner 'was spent in the usual organization preliminaries, and the convention arose for a recess. When the delegates re-assembled at two o'clock, the platform of the party was read by the Chairman of the Committee on Organization and accepted, and then Ashbel Green moved that the convention proceed to the selection of the candidate for Governor. The delegates had found their seats, when they re- turned to the hall, in the hands of the same outside crowd that had displaced them in the morning, and their renewed clamors for their places precipitated again the bedlam^that had marked MODERN BATTLES OF TRENTON. 149 the morEiDg session. Chairman Williamson made a pretence of aiding them to secure their seats, but the outsiders were re- luctant to go and the Chairman was not firmly insistent that they should. Some of Ihe delegations attempted to force them out, and there was a pitched battle between them and the Union county men up in one of the gallery- lofts that nearly turned the convention into a riot. Amid a din that made the announcement of the names almost inaudible, the counties were called upon for nominations. Atlantic, Bergen, Burlington, Camden, Cape May, Cumber- land, had no name to present. E-sex responded with the names of William A. Righter, John McGregor and one man timidly articulated General McClellan's. Then it began to be apparent why the crowd of outsiders had been permitted to enter the hall. They broke into an uproar of cheers that delayed the proceedings for several minutes. Gloucester named Benjamin F. Carter. When Hudson was called, Charles H. Winfield presented the name of Leon Abbett in a speech of splendid eloquence. Hunterdon named Bird, Mercer named Stockton, Middlesex named Wright Robbins, Passaic named her courtly Senator, John Hopper — and the roll was called for the votes. Before the result had been announced, a thin, piping voice pierced the din from the shadow of the gallery. It was heard shrilly calling the attention of the delegates to the unlikelihood, because of the multitude of candidates and the bitterness of their rivalries, of an agreement upon any one of them, and then it launched out into an exordium of one about whose fitness and availability there could not be two opinions. It talked about the greatness of a Democratic soldier who had led the Union troops to victory in the Rebellion ; a man who had been reviled and spat upon by the Republican national leaders be- cause of his Democracy ; a man who had even been mentioned in connection with the presidency ; a man who — " Name the man," shouted the crowd on the floor. "Name him," echoed back the impatient throng in the gallery. "Name him," was the command that, as with one voice, swept the great audience from dome to pit. 150 MODERN BATTLES OF TRENTON. " I name him," screamed the little orator with penetrating voice ; " I name George B. McClellan, of Essex." It was as if a brand had been dropped into a powder maga- zine. The climax, to the effectiveness of which the invading throng of outsiders had been hired to contribute, was reached, and they broke into a bedlam of hurrahs. Even the Abbett contingent, mistaking the pre-arranged demonstration for an outburst of genuine and spontaneous enthusiasm, joined in the approving chorus. One wave of cheers would scarcely die away before a new one would be started on its whirlwind course. And when the claquers let go because they had ex- hausted themselves, some one turned a picture that had been suspended, face to the wall, from a wire that extended overhead to the proEcenium, and moved it slowly along the wire from the back of the stage into the view of the exciled and shouting throng. It was the face of McClellan, marching to a new victory. The thousand men in the house greeted it as it ad- vanced toward them with delirious enthusiasm. The band in the gallery caught the inspiration — by instruction, it may be presumed — and as it moved majestically forward struck up the old familiar battle hymn, " See, The Conquering Hero Comes." And there, over the heads of the chief men of the State, he seemed to be coming again to take command of the army of hailing devotees in front of him. And, in the midst of it all, the shrill little voice hidden in the shadow of the gallery stole forth into the din and the roar again to deliver the fioal blow to Abbett's hopes. " I move that General George B. McClellan be nominated by acclamation," it spoke. The picture and the band and the motion were all working together to sway the crowd, and then the delegations that bad been held in check by the State House magnates were let loose to climax the pre-arranged display. They tumbled over one another in their eagerness to drop their local candidates for the hero of the hour. Colonel Zulick swept the hall with enthu- siasm when he delivered the great vote of Essex to McClellan. Hunterdon broke from Bird to the Orange mountain warrior. George B. McClellan. 152 MODERN BATTLES OF TREJ^TON. Mercer left Stockton for him. Middlesex went from Wright Robbins to him. The claquers skillfully sandwiched between delegates all through the hall, the moving picture, the band, the flopping delegations, were too much for the composure of the convention. Even the Abbett counties caught the infection, and their delegates, anxious to be with the winning side, became part of the tumult. And finally, his own county of Hudson joined the hired claquers in making McClellan's nomination unanimous.* Mr. Winfield tried to stem the tide by sonorous protests that General McClellan was not a resident of the State of New Jersey. Short and round David Dodd, of Essex, who had answered the nominating voice that came from the shadow of the gallery with a hearty and enthusiastic second, declared that he was, and the convention accepted his assurances with a new burst of cheers. Secretary Kelsey and Henry S Little, inter- ested spectators of the spectacular coup they had arranged for Senator Abbett, fell on each other'rf shoulders, in one of the boxes off the proscenium, when the day's work was finished,. and Governor Bedle's cherub face became radiant when the news of Abbett's defeat was borne to him in the Executive Chamber. But the most delighted man in all New Jersey was Orestes Cleveland. The dramatic defeat of his rival was his work. McClellan's name had been suggested to his mind as an excellent one to conjure with by an incident of the convention that, three years before, had put Governor Bedle in nomination. A dele- gate to that convention, Mr. Cleveland had remembered that when the county of Salem gave out the name of a McClellan as its representative on one of the organization committees, the as- sembled multitude, mistaking the man for the hero of Antietam, had broken into rapturous applause ; and now when both him- *The clerks of the Democratic Convention, who kept the tally of the votes- by county as they were announced, fignred the vote from the unannounced roll-call this way : Abbett, 304 ; Kighter, 103 ; McGregor, 81 ; McClellan, 171 ; Carter, 39; Bird, 63; Stockton, 153 ; Hop])er, 40 ; Robbins, 12; A. A. Harden- bergli, 3. After the cliange of counties to McClellan, the vote stood: Mc- Clellan, 804; Abbett, 156; Carter, 21, and Stocl district and in each county could be depended upon to vote for Potts, how many for Ludlow, and who were doubtful. Each^ one of the doubtful men was personally solicited at his home by an agent of the committee, and the weak-kneed and independent Democrats were put under pressure. The Committee discovered that the anti- monopoly sentiment which was manifesting itself so vigorously in Jersey City, was operating more or less against its candidate in all parts of the State, but its method of urging the voters was so close and far-reaching that this objection to him was largely overcome. And a night or two before election the members of the Committee were more than jubilant over the anticipated certainty of making Mr. Potts Governor of the State. In these calculations the assumption was that the various railroad corporations would put their employes under pressure to cast their ballots for Potts, whatever their political or per- sonal predilections might have been. And the Committee-men were consequently thrown into a state of alarm when, on the afternoon preceding election day, they learned that Secretary of State Henry C. Kelsey had just come away from a long confer- ence with Andrew J. Cassatt, at the Pennsylvania Railroad offices in Philadelphia, smiling all over his face. The particular sig- nificance of this incident lay in the fact that Mr. Kelsey was the man who had been chiefly responsible for Senator Ludlow's nomination, and that Mr. Cassatt was the working factor among, the officials of the Pennsylvania Railroad Company. Those who were in position to observe the drift of the can- vass on election day thought that they saw signs that. the cam-^ 12 178 MODERN BA.TTLES OF TRENTON. paign had resolved itself into a contest for the supremacy between the two rival railroad corporations of the State, and that the Pennsylvania Railroad had rather repented of its bar- gain to aid one of the chiefs of the Jersey Central to a potential State office and was at last disposed to assist its own attorney to the place. Some gentlemen there are who say that an order was given along the line of the Jersey Central for all its men in Ocean county, at least, to vote for Potts and for Rufus Blodgett, the Superintendent of the Jersey Southern Railroad, one of its branches, who stood there in that campaign as the Democractic candidate for State Senator. The same reliable authority asserts that soon after Mr. Kelsey left Mr. Cassatt's office, an order was sent out from the Philadelphia headquarters of the Pennsylva- nia Railroad, directing all the employes of the company to cast their ballots for Mr. Ludlow. It was said, indeed, after the campaign was finished, that a Pennsylvania Railroad engineer who had defied the order and voted for Potts, was unseated from his locomotive. The two State Committees had wires run into their headquar- ters rooms at Taylor's Hotel, in Jersey City, for the transmis- sion of the returns; and the figures, as they came pouring in from all over the State, on election night, were watched, com- pared and tabulated with feverish interest by hundreds of par- tisans. It was a close race between the two candidates, with Potts now a few votes ahead, and now Ludlow a bit in the lead ; and at two o'clock in the morning the result was so uncertain that each of the State Committees claimed that the returns from the few precincts yet to be heard from would give its man the victory. Some of these lagging precincts were in Middlesex county; and the famous Horse- shoe Democratic district, in Jersey City, also seemed to be purposely holding its returns back. At five o'clock in the morning the figures from two or three of the , precincts were still inaccessible, and the tide- watchers were forced i *o go to their rest without knowing which side had won. At noon the next day the last of the ballot-boxes was placed in official custody, and on the face of all the figures, Senator Ijudlow had a majority of 25L The official count of the vote MODERN BATTLES OF TRENTON. 179 increased this majority to 651. That was the closest shave the Democratic party had ever had in the State. Suspicions were very generally entertained among the Repub- lican workers that the tide of the battle had been turned by fraud, and, as usual when fraud was suspected, the Horse-shoe district was put under surveillance. Singularly enough, a heated controversy, involving the integrity of the vote there, sprang up between Patrick Sheeran and Terrence J. McDonald, who had run for Assembly in the district. The district was so overwhelmingly Democratic that no Republican ever thought it worth the while to fight for it, and both of these candidates were Democrats. The local Board of Canvassers awarded the certificate of election to McDonald, and Sheeran proposed to ask the court for a recount of the vote. The fear that some irregularities affecting the gubernatorial vote might be revealed by a re-opening of the boxes for a recount of the Assembly vote, led the Democratic leaders of the State to use their influ- ence with Mr. Sheeran to abstain from the contest, and it was never undertaken. The incident led to a conference among Mr. Potts' friends ; and ex-Secretary George M. Robeson, Committee Secretary John Y. Foster and Chairman Hobart were a unit in advising him to commence a contest before the Senate against Ludlow's occupation of the office. Mr. Potts was a singularly sensitive and modest man, and he shrank from the ordeal. He always believed, however, that the Pennsylvania Railroad lead- ers in the State went back on the engagements that had tempted him to accept the nomination, and for weeks after the election a warm newspaper controversy was waged on the point. It was answered for the railroad that the vote in the counties through which the Pennsylvania railroad runs indicated that they were not behind the other counties in their fealty to the Republican candidate. In Burlington, Potts ran 33 ahead of his ticket; in Camden, 59 ; in Essex, 347 ; in Hudson, 450 ; in Hunterdon, 269 ; while in the Central Railroad county of Monmouth he was 49 behind, and in Ocean, 34. I CHAPTER XV. Which Contains Some Startling Figures Concerning Railroai> Exemptions, and shows how General Sewell's Election to the United States Senate may have had SOME Relation to the Movement FOR Equal Taxation. ^, IjjJ^HE election that had so narrowly escaped giving the ^^TJ State a Republicaa Governor, sent to Trenton, in ^j? r^ January, 1881, a Legislature that was Republican in both branches, and the legislative cohorts started in hot pursuit of Mr. Kelsey for having, at the dawn of victory, spoiled their gubernatorial expectations. Mr. Kelsey 's term as Secretary of State was on the point of expiring and the Senate held his renomination, which was submitted by Governor Lud- low, in the Judiciary Committee for weeks and then rejected it. The Governor abstained from submitting a new name, and, after the Legislature had gone home for the year, he re-appointed Mr. Kelsey ad interim, and the next Senate confirmed him for a new full term. Senator Garret A. Hobart, of Paterson, having won his spurs in the campaign, was chosen by acclaim to preside over the Senate during the session, and Harrison Van Duyne, of Essex, was promoted to the Speakership of the Assembly. The notable event of the session was the displacement of United States Senator Randolph by a Republican successor. A half score of ambitious Republicans had been tempted to list themselves as candidates for the distinction which Mr. Randolph was to lay aside on the 4th of March, but General William J. Sewell, then serving the county of Camden in the State Senate, easily had the call over them all. Senator Gardner, of Atlantic, presided over the Republicans- (180) William J. Sewell. 182 MODERN BATTLES OF TRENTON. of the two Houses when they met in a joint caucus in the Assembly Chamber to select the candidate they were to promote at the joint meeting to be held a day or two later. On the first ballot General Sewell had thirteen votes ; ex-Secretary Robeson, eleven; ex- Congressman George A. Halsey, ten; Cortlandt Parker, of Newark, seven ; ex-United States Consul Thomas H. Dudley, of Camden, five, and ex~ Senator Frelinghuysen, three. On the tenth ballot Sewell commanded twenty- five votes to Robeson's twelve, Halsey's ten and Parker's two, and was declared the nominee of the caucus. Two days later he was chosen by each House, acting separately, and Governor Ludlow issued his commission to him. He retained his seat in the State Senate, as " the gentleman from Camden," till the eve of the day in March when it was necessary that he should go to Washington to be sworn in. General Sewell had for years been a power in the State Senate. He held an admitted connection with the Pennsylvania Railroad Company in its higher administrative departments, but his own personal qualities reinforced the influence which this connection could not but bring to him. He had never set himself up as an orator and he never indulged in set speeches. He had a faculty, however, of compressing the thought for columns of rhetoric in a few sententious remarks, and, expressing it admirably, often turned the drift of debate by the things he found it possible to say from his seat within the compass of five minutes' time — as when his ten-word argument that the newspapers were part of the educational system of the State defeated a threatened move- ment for the discontinuance of the publication of the session laws in the public prints. A certain hauteur of manner won him the reputation, among the superficial, of being proud and self-satis- fied and overbearing, but one soon came to learn that it was due wholly to his reserve, and among those whom he favored with a close acquaintance he was recognized as a hearty and genial companion, quite as ready to give as to receive, whose open- handed liberality to his friends had once almost wrecked his fortunes, and one in whom the sense of gratitude was not always measured by the expectation of favors to come. It was easy to MODERN BATTLES OF TRENTON. 183 see, as he marched to his seat, that he had been a soldier, and he had, indeed, won his title as the reward of an active participa- tion in the thick of the fight in the days that tried men's souls.. It was with pardonable pride that he said to his fellow- Sena- tors, who suspended business to bid him an impressive God-speed when he laid down his functions in the State Senate, on the eve of the 4th of March, to take his seat in the greater Senate at Washington, that by his election to the Senate he had achieved the highest political honor within the reach of any foreigner. The Presidency of the Nation alone was higher, and, native of Ireland as he was, he was barred from even aspiring to that distinction. He had not been long among the statesmen wha control the affairs of the nation in the great spreading building of white marble on the brow of Capitol Hill, before his force was recognized, and in the parceling out of the respoEsible com- mittee places he was treated with a consideration that might: have made the blood of older Senators tingle with pride. Even^ after a turn in politics had sent a Democrat to succeed him at the end of his term, he was still the chosen companion of the leading men of the land, and during President Harrison's administration no public man exerted a more direct influence upon administration policies and affiirs. In spite of his admirable personal qualities, the choice of General Sewell by the Republican Legislature, following upon a campaign in which the railroads had If agued themselves to give the State a railroad Governor, was not without its influences on Legislative elections in the fall (1881) that followed. Both were incidents that favored the popular opposition to the con- tinued domination of the corporations. The particular point of attack was the relation of the corporations to municipal taxing problems. They not only paid no local taxes, but by absorbing into exempted properties large areas of ground for railroad pur- poses, they reduced the total valuations upon which taxes could be assessed, and so enlarged the tax bills of the individual property-holders. Speaking for Jersey City, upon a pending equal taxation bill, in the Legislature of 1882, Assemblyman George H. Farrier 184 MODERN BATTLES OF TRENTON. gave his colleagues a startling exposition of the size and extent of these exemptions in Jersey City alone. " These giant railroad corporations," he said, " almost, but yet not quite, beyond State control, are eating up our substance and threaten annihilation. Every year more property is taken and disappears from our tax list. Large tracts of lands and whole blocks of houses are sometimes taken, and we have already lost more than one-third of our city. Property to the value of hun- dreds of thousands of dollars is drawn into this great corpora- tion maelstrom, only to leave the burden of taxation so much greater on what is left. So enormous is this constant depletion, that the value of property annually taken from our assessment rolls is quite equal to the growth of manufactures and the capi- tal invested in new buildings. The aggregate of railroad prop- erty exempt from city tax, as returned in the sworn statements of the Assessors to the Board of Finance and Taxation, is $19,- 394,546 ! The amount of railroad property in Jersey City now exempt from municipal taxation exceeds the entire valuation of either of twelve of the twenty-one counties in the State, as re- turned to the Comptroller for the year 188L It is $177,000 more than the value of the county of Camden, real and per- sonal ! It is $3,000,000 greater than the county of Bergen, with all its busy towns and farms! It is more by $1,000,000 Ihan the great county of Middlesex, including the city of New Brunswick with all its manufactures ! Greater than Warren, and $3,000,000 in excess of Somerset ; fifty per cent, more than the value of Cumberland county ; worth almost as much as the fine county of Morris, with all its rich mines, valuable iron works and thriving villages; almost $6,000,000 more than Gloucester, and nearly of the same value a^ Hunterdon, covered as it is with fertile farms and generous orchards. And think of it, you representatives of the places I name ! the value of rail- road property in Jersey City which pays it no tax is about the same as that of the four counties of Sussex, Atlantic, Cape May and Ocean combined ! And again, the railroad property in our city exempted from taxation by you is nearly four times the ^ value of all the real estate and personal property owned by the MODERN BATTLES OF TRENTON. 185 State, which includes this State House, the Normal School, Lunatic Asylums, State Prison and the various properties devoted to the uses of the several institutions owned by the State ! " In a paper subsequently read before the Kent Club, in Jersey City, Mr. Charles L. Corbin, a noted lawyer associated in the firm of Collins & Corbin, made an even more notable contribu- tion to the an ti- monopoly literature of the period. He called attention to the fact that, while New Jersey in population ranked as the nineteenth State, it ranked fifth in respect to the magni- tude of its public indebtedness and second in the table showing the increase of debt since 1870. The States having a greater debt rank were— New York, with $218,732,000, the first in point of population ; Pennsylvania, with $114,034,000, the sec- ond in population ; Massachusetts, with $91,283,000, the seventh in population; Missouri, with $57,431,000, the fifth in popula- tion. New Jersey stood next, the nineteenth in population, with an aggregate local indebtedness of $49,547,000. New York — with $59,000,000 increase of debt between 1870 and 1880— alone led New Jersey with her $26,692,000 increase. Mr. Corbin next noted that the average rate of taxation in the State " exceeds two per cent, of a valuation which, as compared with that of other States, is high. In the State of New York, ex- cluding New York City and Brooklyn, the average rate is less than one per cent. In Jersey City the rate of taxation is 2.94 per cent, at a full valuation, and the debt is not decreasing. In New Brunswick the rate is 3.63 per cent. In Camden it is 2.96 per cent. Newark is reckoned prosperous as compared with other New Jersey cities, but its city debt exceeds $8,000,- 000, and its burden of city and county debt, per capita, exceeds that of Brooklyn, which is regarded as a very heavily- burdened city. Elizabeth and Rahway are both openly bankrupt. " The causes which have produced these effects are, no doubt, to a great extent, the same that have operated to produce indebt- edness elsewhere throughout the country. But why should New Jersey have distinguished itself so greatly in the race toward bankruptcy as to have outstripped all competitors ? In particu- lar, why should the inciease during the ten years from 1870 to 186 MODERN BATTLES OF TRENTON. 1880 have been so great, exceeding in amount the increase in any other State except New York, and, in view of relative popu- lation and wealth, greatly exceeding the increase in that State? No intelligent resident of New Jersey can doubt that, since the year 1873, a rigid economy has been practiced, with trifling ex- ceptions, in the various counties and municipalities. Although scandalous defalcations have come to light in probably more than half the cities in the State, yet, with few exceptions, the losses have been made good to the public by the bondsmen of the guilty officials, and the crime punished by due legal penal- ties. No expensive public works have been carried on. No Governor of the State has found the cost of the Capitol a pain- ful subject to contemplate in an annual message. There is no State canal, no Brooklyn or St. Louis bridge, no Hoosac tunnel, no Tweed court-house, to show for all the millions added to the debt in the last decade. I believe there is not in all New Jersey a city park of ten acres extent. The public wealth has not been wasted by a Pittsburg riot or a Philadelphia Centennial Exhibition. The people have, on the whole, been more prudent and economical than their neighbors in expenditures for public purposes. They have been taxed since 1870 to the limit of their endurance, in some cases beyond it, and yet the burden continues to increase. The State, under such pressure, is not sharing fully in the general revival of prosperity, and should another businesa revulsion take place the number of bankrupt cities in New Jersey would be greatly increaeed. " The cause which far more than any other has given New Jersey such eminence in the crowd of public debtors, can be stated with confidence. More than one-fourth of the property of the State is exempt from county and local taxation. That exempted property belongs to the railroad companies." Proceeding, after making this forcible presentation of figures, Mr. Corbin called attention to the fact that the assessed valuation of all the property taxed in the State, as stated by the Comp- troller's report for 1882, was $535,467,000, and that the cost of the railroads and equipments, as returned by the officers of the companies for the same year, was SI 67,6 18,000. He then went MODERN BATTLES OF TRENTON. 187 on to argue that the value of these roads was evidently much greater in the light of their net earnings, and that, following the method approved by the United States Supreme Court of valuing the property of a railroad by calculating the value of all its stocks and bonds at the market quotation, the worth of the railroad property in New Jersey would not run short of $250,- 000,000. He quoted statistics to show that the railroads escaped the payment, by their exemptions, of $2,000,000 of their portion of the public burden — which, of course, must be borne by the other property. " In other words," he concludes, " the people of New Jersey are paying an annual subsidy of $2,000,000 to the owners of the railroad property in the State. A State debt of $50,000,000, at four per cent., would be recognized as an enormous burden. And yet the annual interest on such a debt would be only $2,000,000." CHAPTER XVI. The Pyrotechnic Cator Comes in Here, and the Picturesque Story OF the First Anti-Monopoly Battle is Outlined. T ^ T was to be expected that when the size and character 02^ of the exemptions were thus paraded before the public ^^ eye the masses would rise in protest, and in Jersey City, where miles and miles of property, seized by the railroads, had been taken out of the property assessable for the maintenance of the municipal government, there was a wide- spread anti-monopoly sentiment. Though everywhere prevalent throughout the city, it was still somewhat nebulous till Thomas V. Cator took it upon himself to crystallize it. Mr. Cator was a handsome young New York lawyer, with raven hair and brilliant black eyes and olive face, and a wonder- fully smooth and persuasive tongue, whose courtship of a young heiress of the Traphagen family had attracted him to Jersey City. Miss Annie Post, to whom his attentions were paid, was herself a woman of culture, with a penchant for political dis- cussions and a liking for public affairs, and it was from her en- tertaining converse, likely, that Mr. Cator first caught a glimpse of a situation calculated to arouse his powers, and saw opportu- nities for an agitation that was admirably suited to his views and temperament. A lover's desire to be near to the woman of his choice was an ample excuse for making his home in Jersey City, and he had not been many weeks upon the soil before he found himself the center of an admiring throng of self-appointed monopoly fighters. With their aid he organized the Hudson County Anti-Monopoly League, and, attracted by his eloquence, the crowd that gathered at each weekly meeting to listen, if not to participate, grew larger and larger, till the organization be- (188) MODERN BATTLES OF TRENTON. came a serious menace to railroad domination or railroad any- thing else in Jersey City. An opportune turn of fortune's fickle wheel threw in his way, almost as soon as he had begun the agitation, an opening for effective work for the cause he had gone to the city to espouse. He had made his home in a part of the city largely settled by/ Pennsylvania railroad em- ployes. If there was a corner of the city where the influence of that corporation was considered supreme, it was in this Third Assembly D i s - trict, and it was known all over the State, too, as about the only reliable Repub- lican district in the Democratic town. In spite of its large rail- road population, Mr. Cator went into the Repub- lican primaries there as a seeker after the nomination for the Assembly on an anti-monopoly platform (1881). The "regulars" of the district hooted him as a carpet-bagger and an adventurer, and pushed Asa W. Dickinson forward in his stead. Mr. Dickinson was then a very young man — a mere boy of twenty-three or four. He had been the legislative cor- respondent of a local newspaper and become a fast friend of General Sewell while at Trenton. He had ended his newspaper Thomas V. Cator. 190 MODERN BATTLES OF TRENTON. career in order to go ioto the law, when the solicitations of his neighbors tempted him into politics, and he consented to go into the primary as a candidate against the brilliant anti-monopolist leader. The hall in which the primary was held was packed to suffocation, and the balloting proceeded amid great excitement. At the end of it Mr. Dickinson had the larger number of votes, and, in accordance with usage, was proclaimed as the party's nominee. The Democra<^8 of the district at once set up the cry that the primary had been packed in the interest of Mr. Dickinson by the railroad companies, and the surroundings pointed out Mr. Cator to them as their candi- date on an an ti- monop- oly platform. The con- test riveted the attention of politicians all over the State. Mr. Dickinson tried to escape the handi- cap of being regarded as a railroad candidate by making a personal canvass on purely par- tisan grounds, and might have won his fight had he not become enmeshed in the tangles of a collateral local complication. It happened that Samuel W. Stilsing, one of the well-paid Police Justices of Jersey City and a Republican leader in the district, was anxious to be re-appointed. His connection with his office was to end in the following spring unless the new Legislature in joint meeting re-elected him. It was necessary, of course, that he should have the support in the approaching caucus of the representative from his own district, and he Asa \V. Dickinson. MODERN BA.TTLES OF TRENTON. 191 solicited Dickinson, as the price of his assistance in reaching the seat in the Assembly, to help him to keep his city office. Major David A. Peloubet, a rival power in Republican councils in the district, also aspired to be a Police Justice. He hoped to be Stilsing's successor, and Dickinson had already pledged himself to him. He was therefore unable to give any aid to Stilsing, and the Judge easily made terms with Cator. Dickinson realized that with Stilsing favoring Cator his canvass would fail, and he made strenuous efforts to keep him in line with his party. One Republican after another waited upon the Judge to plead with him to forego his personal ambition for the party's sake. But all to no purpose. And then Dickinson's Repub- lican friends in other parts of the State began to bombard him with imploring letters. Among the others the Judge found in his mail one morning was one that made him chuckle all over with inward satisfaction. It ran like this : "Dear Judge— Mr. Dickinson is the Republican nominee for Assembly in your district. Tiie General and myself will remember whatever you may do in his behalf. Yours very truly, " C. Barcalow." " The General " was the new United States Senator and " C. Barcalow" was Mr. Culver Barcalow, who has already been introduced to the reader as the chief of the Pennsylvania Rail- road lobby at Trenton. The community of Jersey City had also been forced to make the acquaintance of Mr. Barcalow. Very well indeed did they know this sleek and well-dressed little gentleman with the drooping eyelid. They had found him in their path when they went to Trenton to struggle against corpo- rate aggressions. He had proven himself a little too fertile in resource and a trifle too familiar with the ropes for those ama- teurs in lobby work who flocked to the capital to clamor for municipal rights in times of public excitement ; and they had good reason to remember him. Judge Stilsing knew the secret power for mischief that was hidden in the few lines a good genius had placed in his hands, and he smiled all over his face as he folded the missive carefully 192 MODERN BATTLES OF TRENTON. and tucked it away in his pocket. He kept it there till the advocates of Dickinson had grown red in the face by the vehe- mence with which they were denying the insinuation that Dick- inson's candidacy had a railroad streak in it ; and then, a day or two before the close of the polls, he slipped up into the editorial- room of an opposition newspaper and asked if the in- cautious letter might be published. " Published ! " was the editor's vehement exclamation. " Pub- lished ! Why, our man is elected the moment that letter get& into type." The district went wild with excitement as it read and re-read the tell-tale missive. There never was such an outpouring as that of the anti-monopolists to defeat the young man whose election " Cul " Barcalow had thus dared to espouse. And when the vote was counted on election night, the acclaim of the streets and the burning of bonfires bespoke the public joy over the anti-monopoly leader's splendid triumph. The reader who is interested in sequels may be assured that Mr. Cator secured a re-appointment for Justice Stilsing. CHAPTER XVII. A Certain Mr Shinn, of Atlantic, Comes to the Front here with SOME New, Crisp Money that had been Paid Him for His Vote on the "Water-Fkont Grab Bill," and MAKES AN Enormous Sensation with it. i iWHE Legislature of 1882, born of these excitements, wm divided between the two parties. The House was^ largely in control of the Democrats, and there were enough Republicans in the Senate to re-elect Senator Hobart to the Presidency. The House was Democratic, but Assemblymen James C. Clark and Dennis McLaughlin, of Hudson, and Joseph H. Shinn, of Atlantic, led a revolt in the Democratic caucus, and there was a delay of a day or two in the choice of the Speaker. The diflPerences were patched up, how- ever, and the organization was eventually effected in the Demo- cratic interest. The rolls had scarcely been called in the two Houses before a whole school of railroad bills were rushed to the desks of the Secretaries, and the session throughout was one of the most in- tensely dramatic that the galleries had looked down upon in many years. Two of these bills were of decided interest to the great railroad corporations. One, which became famous as Senate No. Ill, placed in the hands of a majority of railroad directors authority to increase the capital stock of corporations^ whether their charters gave them the power or not. It was un- derstood to be of Central railroad inspiration and to be designed to take the control of that corporation out of the hands of the stockholders. The notable feature of its passage was that Cator left his sick bed to vote for it, an act that was severely criticised by his anti-monopoly friends as an abandonment of the princi- ples upon which he had been elected. 13 (193) 194 MODERN BATTLES OF TRENTON. In a personal letter to the author of this work, Mr. Cator writes thus concerning that vote : "Jay Gould and the Reading road had by manipulation got hold of a majority of the stock of the New Jersey Central, and were about to put the N. J. Central into a syndicate to control the coal supply (an arrangement tiimilar to that which Chancellor McGill last year by decree annulled). Just «uch an attempt was being made in 1882, and this bill was expected to enable the New Jersey people to hold on to the Central and keep it out of such a pool, which would raise the price of coal in New Jersey and New York, &c. This was told me by men in whom I had confidence — good men, anti-monopoly men — and it was true, and it was a fight for New Jersey against outsiders, and for the consumers of coal against a contemplated combination of the New York and Reading ring. The Governor thought it unconstitutional. I believed all questions of that kind should go to the courts for settlement, and always took that ground. I refer you to page 15 of my speech on equal tax- ation on February 6th, 1883, to show you I always took that position. For these reasons I gave my vote for it in good conscience, and not because any- one asked it, for my vote was not needed. Aside from this, the bill was good, and I would vote for it again. It is always, to my mind, good to call in and pay interest-bearing bonded debt overdue by substituting stock, which is an obligation not bearing interest or a fixed charge, and this bill provided stock could not be sold at less than par." The other bill was intended to assist the Pennsylvania Rail- road Company in the settlement of some litigation in which the company had become involved with Jersey City. After the rail- roads had acquired their riparian rights on the Hudson river and New York bay water fronts, they enlarged their terminals and railroad yards and made new territory for themselves by filling in the shallow points on the shore with earth, and then refused to permit Jersey City to extend those of its streets which pointed toward the shore over these acres of made land, to the water. In this way an invisible fence was practically erected along the old water-line, and all the new territory that had been made beyond it was closed against the public easements. The Board of Finance instructed the corporation lawyers of the city to bring suit to force the companies to open their gates so that the streets that had run down to the water could be extended over its property to the new water-line it had established, thus restor- ing to the public the access through the streets to the river or MODERN BATTLES OF TRENTON. 195 bay that it had previously enj )yed ; and Corporation Attorney McDermott brought ten or fifteen suits against the Pennsylva- uia Railroad and other corporation trespassers upon the public easements. To defeat these suits, an act which has gone down into history as Senate Bill 167 was presented by one of the Senators. Its title declared its purpose to be the "establishment and protec- tion of the rights of grantees, lessees and licensees of the State from easements on land now or hereafter lying below high-water mark on tide-water." And it practically declared that where, on property acquired from the Riparian Commissioners, the line of the land had been extended farther into the river by filling for solid ground, the streets should end at the old river line. The bill slid through the Senate undebated and not under- stood if it was noticed at all, and it was not till it reached its second reading on the Assembly calendar that the magnitude of the water-front seizure it proposed was realized. The New York " Times " was the first to sound the note of alarm, and the New York " Herald " joined in the exposure. Jersey City was aroused and the halls of legislation were besieged by her citizens. The opposition to the passage of the act was so strong that the railroad company found it necessary to send special counsel to Trenton to defend it, and Governor Bedle made a subtle plea in its behalf before the Committee of the Whole. McDermott, who was Assemblyman as well as City Counsel, responding to Governor Bedle's argument, happily described the bill as one intended to build a Chinese wall around Jersey City. A Monmouth editor named Bell, who sat in one of the Assembly chairs, met the attacks on the bill with the astounding admission that it had been carefully " prepared, discussed and considered before introduction," and so furnished Assemblyman William McAdoo with the text for one of the most thrillingly eloquent speeches against it that had ever been heard on the floor of the Chamber. Its other conspicuous defender besides Bell was a lawyer named Robertson, representing one of the Essex districts. In spite of the charges made upon it by McDermott and McAdoo, it passed the Assembly with thirty-eight votes to its credit. 196 MODERN BATTLES OF TEENTON. The only hope of defeating it now was that which was based upon Governor Ludlow's interference. It was not forgotten that before his election he had been one of the attorneys of the railroad that was behind the measure and that the all-powerful corporation had even given him the great office he held ; but during his three years' service in the Senate he had impressed the people as a man of stern rectitude, with a Spartan's courage, and the people were not without hope, when they appealed to him, that he would interpose his veto in their behalf. A man of massive head, set squarely on broad shoulders, strength marked in every line of his face, and a square jaw that bespoke a stubbornness of temperament — one had but to look at him to feel that he could not be tempted by any inducement to do that which his conscience could not approve. He had made up his mind before the bill reached him that he could not countenance it, and he was subjected by its promoters to au enormous pressure which a man of less stern mould could not have resisted. He was cajoled, coaxed and threatened by turns. The obligations of fealty to the corporation whose employe he had been, whose political beneficiary he was, were thrown in his face. Glittering inducements were dangled before him, and when he stood like adamant against them all, a threat of political extinction which was afterwards relentlessly re- deemed, was hurled at him. But neither appeal nor tempta- tion nor threat deterred him, and within the limit of time the Constitution allowed him he sent to the two Houses a stinging veto of the act. Its paseage by the Senate over the veto was a foregone con- clusion from the start. Applegate, the dark-mustached Senator from Monmouth, declared the bill to be one for the protection only of the owners of riparian rights. Gardner of Atlantic, Vail of Union, Taylor of Essex, spoke in the same strain. Paxton, the blonde Senator from Hudson, and the spectacled and dyspeptic Youngblood, of Morris, alone raised their voices in defense of the veto. And the vote was taken. Applegate, Beatty, Bosenbury, Deacon, Doughty, Gardner, Hires, Hobart, Lawrence, Martin (who was Ludlow's successor as the Senator MODERN BATTLES OF TRENTON. 197 from Middlesex), Merritt, Nichols, Taylor, Vail and Worten- dyke voted to override the veto ; Ferrell, Havens, Paxton, Stainsby and Youngblood comprised all of the little band that stood by the Governor, and the bill was rushed across the cor- ridor to be re enacted by the Assembly. Meanwhile, the act wa? being debated with intense feeling outside of the two Chambers. At a mass meeting in Hoboken, the fiery McAdoo had said of the men who voted for it that they stood before the community as self-confessed and self-con- victed scoundrels, and Bell, of Monmouth, with the air and voice of a Methodist exhorter, hauled him over the coals for it. The Speaker ruled him off his feet, however, with the point that a member could not be called to account in the Chamber for words spoken outside. This same Mr. Bell on the following day moved the passage of the act over the Governor's veto. Assemblyman Lawrence was in the chair. Cator tried to table the motion, and McAdoo to postpone its consideration indefinitely, but without avail. Robertson, of Essex, insisted upon its being acted upon, and he became quite a figure in the subsequent proceedings because of the cool assurance with which he faced the angry throng of citizens that crowded the floor and packed the gallery. A thin, undersized man, with clean-shaven, pallid face, but clear, cold, grey eye, one would have supposed from his appearance that he was nervous and dyspeptic, and easily disconcerted. But amid all the ensuing excitement, he alone seemed to keep his head. He became the foremost advocate of the bill, and stood behind it pushing it forward to its goal with a merciless determination. He met the efforts of Cator and McAdoo for indefinite post- ponement with the point that the House could not escape its constitutional duty of considering and disposing of a veto. Lawrence declared the point not well taken, and the roll call on the motion to take up the veto for consideration proceeded without incident till the name of Joseph H. Shinn, of Atlantic, was reached. Shinn was known as one of the roustabouts of the House. He had the air of a barkeeper out for a good time. But he 198 MODERN BATTLES OF TRENTON. rose from the most inconspicuous of members to be the central figure in the greatest of recent legislative battles the moment he had secured the recognition of the chair. A paper in his hand, and the fingers that held it, trembled so violently, as he read from it, that it rattled. It was an affidavitt of his own, in which he charged that a certain man, whom he did not know, had approached him to vote for the passage of the bill over the veto. This as yet unnamed individual had gone at him insidiously. He had a mathematical problem to submit to him : "As your vote is to Senate 167, so is |500 to your answer." That was the problem. Barkeeper though he may have seemed, Shinn solved it at once, and took the solution to McDer- mott and McAdoo. They bade him encourage the tempter,, and he played him along with the pretext that the price wa& not large enough, and $1,000 took the place of the $500 in a new equation. Shinn pre- tended to agree, and while he was eating dinner at his hotel a day or two later, a waiter slid a long envelope under his plate. He opened it and un- Culver Biirealow. j „ . * i aa U 1 covered five crisp $100 bank notes. They were half of the promised bribe money. In corroboration of his affidavit, Shinn fluttered the crisp, new bank bills in the eyes of the startled members. The chamber was thrown into indescribable uproar. Cator sprang to his feet with a motion for a committee of investigation, and with Flynn and Gaston of Passaic, Fiedler of Essex, Parrott of Union, and Baker of Cumberland, he was instructed to con- duct the inquiry. The House was forced to a recess by the confusion, and at evening the committee began its work. It sat till daylight of the following morning. The identity of Shinn's- MODERN BATTLES OF TRENTON. 199 tempter was discovered in a short, thick- set man, with roving coal black eyes, set in a round, swarthy face — John J. Kromer by name. The members who had voted for the bill before it went to the Governor marched through the witness-box in steady procession to make denial that they bad accepted the money Shinn had spurned. Audacious little Robertson was obliged to confess that he had taken a retainer at his office from an agent of the company " for three or four speeches " he had made od the Assembly floor in behalf of the bill. Convery, of Middle- sex, deposed he had heard " from a Mr. Baker " that there was " money in the bill," and Fiedler, of Essex, told how " Cul." Barcalow, the legislative agent of the company, had, passing him, let fly the observation that it was " worth a thousand " to vote for the bill. The committee got together, after all had been heard, and solemnly resolved that there was no corporation behind Kromer's $500, and that as for " Cul " Barcalow's passing remark to Fiedler, why it was only one of the exudations of his super- abundant jocosity, and the next day it went into the Assembly Chamber to present its sapient findings. The lugubrious Bell claimed the floor on his motion, sus- pended by the excitements of the day before, to take up the veto, when Cator asked leave to present the report. It was now the last day of March, and the railroad was determined to push the bill through over the veto, in spite of all the ecandal it had created. Bell, its spokesman since Robertson had discredited himself, was unwilling to relinquish his floor privilege. The Speaker ruled that the reading of the special report was of the highest privilege. Robertson placidly took an appeal from the ruling. The hour fixed for the dissolution of the Legislature was fast approaching. But a few brief minutes of the session remained, and Robertson denounced the effort to put in the report as an attempt to kill the bill by consuming in other waya the time needed for its passage. Bell made a fruitless effort to have the hour for final adjournment changed to midnight. The Speaker declared that only the report was in order, and Arthur Wilson, the Clerk, began to read it. Robertson and Bell kept 200 MODERN BATTLES OF TRENTON. their feet, shouting, "Mr. Speaker!" The Clerk raised his voice to drown theirs ; they keyed up their demands for recog- nition to overcome his; the crowd in the gallery hissed and liooted. The session's hour glass was now draining off to the last grains. The excited throng kept their eyes anxiously upon the gilded Roman figures that indicated the minutes on the blue face of the 'big clock over the folding doors. The long, slim second-hand stalked around it with measured tread, like the leg of a golden spider, leaping from space to space with a jerky spring — the Clerk still reading, the two corporation members still shouting, the crowd on the fl jor and in the galleries still hissing and hoot- ing — till it stroked off the fateful second fixed for the close of legislation. The moment it had stalked there, with its searching, hunting pace, the Speaker declared the session at an end, and the defeat of the bill was accomplished. Shinn was in high feather as long as the papers were parading his name all over the country and commending him for his " manly incorruptibility " and all that kind of thing. But when the excitement had subsided, and he ceased to be an object of interest to the passing throng, he repented his part in the ex- posure. He made himself quite ridiculous by his subsequent attempts to recover posseesion of the five crisp bank notes that he had so ostentatiously put in evidence for the entertainment •of the galleries. The money had gone into the keeping of the State, and as there seemed to be no way of covering it into the State's accounts, he claimed that he had as good a right to it as the Commonwealth had. The plea availed him nothing, of course; but it required an act of the Legislature — passed a year or two subsequently — to place it with the State's available funds. CHAPTER XVIII, In Which Senator McPherson Brings a Democratic Bolt to an Inglorious Climax and Cator Keeps Up His War- fare ON THE EaILROADS. HE excitements of the legislative session had charged the political atmosphere with an anti- monopoly tremor. Jersey City was still clamoring against the exemptions of railroad property. She was insistiog upon equal taxation with noisy fervor. Assemblyman Farrier had put her demand in the form of a bill. It was to urge its passage that he delivered the speech from which quotations are made in a previous chapter. Cator and his League were growing more aggressive and noisy. Charles L. Corbin's address before the Kent Club had commanded the attention of the State. The narrowness of the escape from the passage of the water-front bill — the ready acquiescence with which the Republican Senate yielded to all corporation demands — served to give a Democratic drift to public sentiment in the campaign of 1882. It was what is known among the politicians as an " off year." There was no State ticket to be chosen ; the strifes were in the districts — for Congressmen and members of the Legislature. That Mr. McPherson's term in the United States Senate was to end in the following March was a circumstance that gave zest to the legis- lative contests. The notable outcomes of the congressional controversies were the defeat of ex-Secretary Robeson, the Republican nominee in the First district, by Assemblyman Thos. M. Ferrell, who had grown up in the Gloucester glass factories, and of John L. Blake, the Republican nominee in the Newark district, by Fiedler, a German bat -seller whom the German brewers had (201) 202 MODERN BATTLES OF TRENTON. backed. Ferrell had interested the labor unions in his canvass^ and Robeson's friends alwajs insisted that he had to fight ISewell as well as the Democrats. The loss of the strongest Repub- lican district in the State by so conspicuous a citizen as the ex-Secre