CHAPTER XXVIII



   GOVERNOR OF OHIO -- SECOND TERM, FIRST YEAR -- 1870



                              COLUMBUS, January 20, 1870.

DEAR SIR:--I am collecting in the Executive Office portraits

of the governors of the State. The portraits of sixteen

are already on the walls of the office. Those obtained are mainly

the pioneer governors--Tiffin, Meigs, Worthington, Morrow,

Trimble, McArthur, and others. Some have been presented by

relatives and others bought by me with my contingent fund.

I am desirous to obtain your portrait. If you have one taken

about the time you were governor, a copy of that would be

preferred. In some cases originals have been sent by express

and copied here and then returned. But, of course, your wishes

will control.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE WILSON SHANNON,

      Topeka, Kansas.

                              COLUMBUS, January 31, 1870.

  DEAR UNCLE:--I have been in correspondence with Jay

Cooke about his new town of Duluth at the head of Lake Su-

perior. It will be the great town of that region. The Northern

Pacific Railroad will begin work there next spring, and finish

about three hundred miles as fast as work can do it. A railroad

to St. Paul will be completed by the Fourth of July. It will then

be the lake port of two-thirds of Minnesota. I want to put in

five or six thousand dollars if I can raise it in the next sixty or

ninety days. It will double by next fall, and may do a great deal

better than that. I can buy on the most favorable terms allowed

to anybody, and have my own separate property without mixing

up with the company. I don't want you to bother about it at all,

                         (84)









             GOVERNOR OF OHIO--1870          85



but if you see where notes secured by mortgage can raise the

money, let me know.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                              COLUMBUS, January 31, 1870.

  MY DEAR SIR:--The present incumbent of the librarianship

is a faithful, painstaking old gentleman with a family of invalid

girls dependent on him. His courtesy and evident anxiety to

accommodate all who visit the library have secured him the en-

dorsement of almost all who are in the habit of using the books;

and under the circumstances I cannot remove him. Old asso-

ciations, your fitness, and claims draw me the other way; but

you see, etc., etc.

                       Very sincerely,

                                              R. B. HAYES.

  DR. GEORGE R. MORTON,

      North Bass, Ohio.

                              COLUMBUS, January 31, 1870.

  DEAR SIR:--I am in receipt of your note of the 29th enclos-

ing a memorial from the Historical Society of Ohio in relation

to the purchase by the State of the St. Clair papers. I will

transmit the memorial to the Legislature with a favorable rec-

ommendation. There is a fair prospect of the success of the

measure.

                          Sincerely,

                                              R. B. HAYES.

  P. S. -- Personal communications to each of your senators and

members of the House will be of service.

  MR. JULIUS DEXTER,

      Cincinnati, Ohio.

                        COLUMBUS, OHIO, January 31, 1870.

  MY DEAR SIR: -- Having secured portraits of almost all of the

early governors, I began a few weeks ago a correspondence

with a view to obtaining the portraits of those who are now









86           RUTHERFORD BIRCHARD HAYES



living. I found there would be no trouble in getting yours. Mr.

L'Hommedieu undertook it, and with your friends Jay Cooke,

Carson, Yeatman, Hoadly, and Spooner, proposed to present the

State as fine a one as they could get. Last Friday I received

by express from Chicago a capital picture, three-fourths length

--the work of W. Cogswell,--which is perfectly satisfactory

to all of your friends who have seen it. It is given to the State

by Jay Cooke, and is the finest of the seventeen portraits in the

office.

  I write this note with a double object: First, to let you know

what your friends intended to do, and what one of them has

done; second, to learn from you where the original picture was

taken -- assuming this to be a copy -- and by whom.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE S. P. CHASE,

      CHIEF JUSTICE, Washington.



                        COLUMBUS, OHIO, February 3, 1870.

  MY DEAR SIR:--Your favor of the 31st ult. came duly to

hand. I have no information as to the chances of an Insurance

Act beyond what the general public possesses. If the appoint-

ment you refer to is to be made by me the considerations you

suggest will have, as you suppose, due weight. When such

qualifications are found, I need hardly say, it will be no

objection if the person having them is also a personal friend. Of

course, it would be premature to venture on a committal until

all sides are heard.

                          Sincerely,

                                              R. B. HAYES.

  MR. A. M. SEARLE,

      Cleveland, Ohio.

                      COLUMBUS, OHIO, February 4, 1870.

  MY DEAR SIR:--The Soldiers' Orphans' Bill has been under

consideration one day in the Senate. No serious opposition has

been developed and decided support was given in quarters not

heretofore relied on. I entertain no doubt of its passage within









             GOVERNOR OF OHIO--1870          87



a week or ten days through the Senate, and in the House its

passage is only a question of time. I anticipate the necessity of

naming a board about the last of this month.

  Your views of General Keifer and General Barnett are also

mine. I think I gave you my notions also of Generals Buckland

and Coates. Think over the good loyal Democrats for one

name. A well known party man, loyal during the war but in the

Democratic party, if he can be found, is preferred if friendly

to the institution.

                           Sincerely,

                                                R. B. HAYES.

  [Unidentified.]

                        COLUMBUS, OHIO, February 4, 1870.

  DEAR JUDGE:--I am in receipt of your letter of yesterday

in relation to the appointment of members of the board of

trustees of the Ohio Medical College. Unless there is some rea-

son for delay, the nominations to fill vacancies occurring January

1, 1871, should be sent to the Senate at the present session. In

the absence of reason for a change, the present members should

be reappointed, and the vacancy filled by a person those actively

interested in the institution will name, or at least approve. I

take it all this is what you wish. If you have other views as to

any member, I will thank you to let me know. You need have

no hesitation on account of your own name being in the list.

You will be reappointed in any event, so that the only open

question is as to your associates. I agree fully with your views

about Drs. Wright and Dodge, and Messrs. Ball and Dutton.

  Your address is good reading. The short paragraph about the

waste of talent and genius in politics is of more account than

perhaps you thought. Why not make it the theme of an address?

The idea is often seen in sermons or the talk of non-politicians,

but with your knowledge of the inside of politics, and with your

ability justly to estimate a politician's value, you could make

much of it.

                           Sincerely,

                                               R. B. HAYES.

  HONORABLE WILLIAM DICKSON,

      Cincinnati, Ohio.









88           RUTHERFORD BIRCHARD HAYES



                        COLUMBUS, OHIO, February 5, 1870.

  MY DEAR SIR: -- I am in receipt of your favor of the 4th as to

the St. Clair papers.    I hope there is a fair prospect of the

passage of an act authorizing their purchase, but I am not san-

guine. Of course, nobody would think of the State buying them

for the Cincinnati or any other local society. If bought they will

be deposited in the State Library. I agree with you that your

title by discovery, if they are to be given away, would give you a

claim to be considered.

                                 Sincerely,

                                              R. B. HAYES.

  A. T. GOODMAN, ESQ.,

      Cleveland, Ohio.

                              COLUMBUS, February 5, 1870.

  DEAR SIR: -- I am in receipt of your favor of the 3d in re-

lation [to] codifying the laws of Ohio. It is undoubtedly a

great inconvenience and a serious evil that our laws are so

voluminous. I quite agree with you that a revision as often as

once in ten years is necessary. But I fear we shall never see

our statutes again in a single volume of proper size for common

use. If we can have them in two or three volumes with one

index, it perhaps is doing as much as can be expected.

                        Very respectfully,

                                              R. B. HAYES.

  JESSE HAWLEY, ESQ.,

      Salem, Ohio.

                       COLUMBUS, OHIO, February 16, 1870.

  DEAR LEE:--Your note came during my absence north.  A

note to Delano from me, if my friends at Cincinnati are well

informed, would do you more harm than good.  But I send you

a note, not addressed, in general but strong terms.  I do not

feel like interfering with Colonel Powell, and do not wish the

note used to procure his removal. But I doubt the wisdom of

your using it at all with Mr. Delano.

                          Sincerely,

  CAPTAIN A. E. LEE,                              R. B. HAYES.

      Delaware, Ohio.









             GOVERNOR OF OHIO--1870          89



                      COLUMBUS, OHIO, February 16, 1870.

  Captain A. E. Lee, of Delaware, Ohio, is a gentleman whose

ability, integrity, and business experience fit him to fill with

acceptance and creditably to the Administration any revenue

office he is likely to desire. He has a capital record as a soldier,

is a Republican whose soundness and effective work are beyond

commendation. No worthier appointment could be made.

                                              R. B. HAYES.



                            CINCINNATI, February 20, 1870.

  DEAR UNCLE:-- I came here to meet the Kentucky Legislature

and spoke to them from the same platform with Mr. Pendleton.

All satisfactory.

  Just before coming Jay Cooke advised me to take my choice

immediately of certain Duluth property which he could get me.

I dispatched him that I would take one hundred and sixty acres

for eight thousand dollars. I know nothing of terms of payment,

but am satisfied that it is a great bargain. No doubt the terms

of payment can be complied with somehow.  It is one and one-

fourth miles from the dock and depot and next to the town

property.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                             COLUMBUS, February 22, 1870.

  DEAR SIR: --I am in receipt of your "History of the Guilford

Branch of the Dickeman Family," and am greatly obliged to

you for it. My father came to Ohio in 1817, thus separating

from all his New England relatives, and died before my birth,

so that I have not had an opportunity to learn much of his

family.  A Hayes record was published by George W. Noyes,

of the Oneida Community in the State of New York, but the

fullest account of my grandmother's family I have ever seen is

in your pamphlet. There is an impression in the family that

Grandmother Chloe Smith Hayes was a very superior woman--

possessing real genius.  The Mead family, all having talent as

artists, trace this quality to grandmother. The most distinguished









90           RUTHERFORD BIRCHARD HAYES



member of the family is Larkin G. Mead, a sculptor of wide

reputation. You may have heard of him as the boy who made

the snow statue in Brattleboro twelve or fifteen years ago. He

is the sculptor and architect of the great Lincoln Monument at

Springfield, Illinois, and his studio in Florence probably receives

as many orders as that of any artist.

                           Sincerely,

                                                R. B. HAYES.

  [Unidentified.]

                                  COLUMBUS, March 1, 1870.

  DEAR UNCLE:-- I handed your note to John Deshler this

morning with your old question, "Can you read fine hand?" He

said, "Oh yes, I can read this, and I shall be very happy to do it

both for your sake and Mr. Birchard's. My father always said

Sardis Birchard is one of my best friends and one of the best

men in Ohio. I always told him he would get married if it wasn't

for that fine breastpin."  So that matter is settled.

  All well. Nothing new.

                           Sincerely,

                                                R. B. HAYES.

  S. BIRCHARD.

                          COLUMBUS, OHIO, March 1, 1870.

  MY DEAR SIR: -- I think as you do on the librarian question,

and unless something not anticipated turns up before the appoint-

ment is made, my action will be as you advise. I also agree with

you perfectly on the spoils doctrine. This you would know if you

had read my last inaugural.  I am glad you do not bore yourself

with such reading generally, but you are in for it now, as I shall

send you a copy. I too mean to be out of politics. The ratifica-

tion of the Fifteenth Amendment gives me the boon of equality

before the law, terminates my enlistment, and discharges me

cured.

                           Sincerely,

                                                R. B. HAYES.

  HONORABLE J. IRVING BROOKS,

      Salem, Ohio.









             GOVERNOR OF OHIO--1870          91



  March 6, 1870.-- I have borrowed of Uncle, and on his name,

of John G. Deshler eight thousand dollars and invested it in

one hundred and sixty acres of land one and one-fourth miles

from the dock at Duluth, Minnesota. I expect Duluth to grow

rapidly and that this property will increase in value about one

hundred per cent for the next three or five years. The cash

and deeds pass this week. General George B. Sargent, care J.

Cooke and Co., New York, is my correspondent's address.

  I have been digging into Savage and other books on genealogy

during the last week. I trace my lineage up almost to the May-

flower but not yet into it. I have only run back on the line of

my father's side of the house, and the important family of the

Smiths is left out!!  Almost one-half of the stock!  To be

exact, it leaves out exactly one-fourth of the stock, as I find nearly

one-half of the Smiths. Now, the new idea I get by this study is,

how futile it is to trace one's descent from a distinguished name

in the past. Two hundred and thirty or forty years ago my

ancestors were from thirty to a hundred different persons. The

Hayes or the Rutherford of 1625 was only one out of forty or

more who are equally my ancestors. What does it signify that

John Russell was able and pious in 1640? I am but one part

in forty to sixty of his blood. We attach more importance to the

deeds of ancestors of our own names. But this is a mere figment

of the imagination. I am just as much a Trowbridge, referring

now to the Thomas Trowbridge who founded the family in New

Haven in 1640, as any of those now living there who bear his

name. The blood, the physical, mental, or moral qualities which

distinguished an early "father," do not follow the name; do not

accompany it.

  I have always thought of myself as Scotch, but of the fathers

of my family who came to America about thirty were English

and two only, Hayes and Rutherford, were of Scotch descent.

This, on my father's side.  On my mother's side, the whole

thirty-two were probably all of other peoples beside the Scotch.

Again, I have been proud of my descent (not very of course,

only a trifle so,) from the famous Rutherfords; but it is plain

that the brains, energy, and character possessed by my grand-

father's children and grandchildren-- by the children and grand-









92           RUTHERFORD BIRCHARD HAYES



children of Rutherford Hayes--are mainly derived from our

plain ancestor, whom [who] Uncle Sardis says was the homeliest

woman he ever saw (!), Grandmother Chloe Smith.



                          COLUMBUS, OHIO, March 11, 1870.

  MY DEAR BOY:-- You ask me about the college at Hudson

[Western Reserve]. It has a good history--has turned out

many able and successful men. I hope it will grow into a great

institution. I have no doubt you can get there all that is essential

which any college can give. You will hear no objection from me

if it is finally thought best by you and Uncle to go to that college.

But I prefer you would not finally decide about it until I have

a talk with both of you. You can, if you wish, go on and study

as if that would be your college. In a few weeks I will see

you and Uncle and consider all sides. The main thing is the

student--his industry, his habits, character, and talents. The

college affords him merely the tools.

                        Affectionately,

                                              R. B. HAYES.

  BIRCHARD HAYES.

                                COLUMBUS, March 12, 1870.

  MY DEAR SIR:--My wife is a granddaughter of Isaac Cook,

son of Colonel Isaac Cook of Wallingford, Connecticut.  I have

just learned that James Carrington married a sister of Colonel

Cook, and that he (Carrington) compiled a pedigree of the

Cooks which passed into the hands of his son, James Carring-

ton, formerly of Astoria, Long Island. I write to ascertain

if you have any information of that pedigree, or of the names

or residences of the earlier Cooks. I will be particularly obliged

if you can set me on the right track.

                          Sincerely,

                                              R. B. HAYES.

  GENERAL H. B. CARRINGTON.

                               COLUMBUS, March 17, 1870.

  MY DEAR GENERAL:--I enclose you a letter and newspaper

slip just received from Rogers which will enlighten you on









             GOVERNOR OF OHIO--1870          93



Duluth  prospects.    Please  return  them.   I am  particularly

anxious to have Rogers interested in this property, as he is the

discoverer. Can you give him a third interest in your lots,

he to pay his share and interest at next payment? I propose to

get a joint interest with him on some such terms. He can be

very useful in protecting us from loss by sales, etc., etc., at

proper times.

                           Sincerely,

                                                R. B. HAYES.

  GENERAL M. F. FORCE,

      Cincinnati, Ohio.

                         COLUMBUS, OHIO, March 20, 1870.



  DEAR UNCLE:--. . .     I am rather busy now.  The ap-

pointment of Agricultural College Trustees excites some interest.

I think I shall get a good board.  In your district I must appoint

a Democrat, and have pretty much determined to appoint War-

ren P. Nobles, of Seneca.  I have offered Pendleton a place,

and if he accepts will give the other to A. P. Perry.

  I am rather gratified by the turn things are taking.  I regard

the Orphans' Bill as safe in some form.

                           Sincerely,

                                                R. B. HAYES.

  S. BIRCHARD.

Private and Confidential.

                                COLUMBUS, March 29, 1870.

  DEAR HOLLISTER:--I am in receipt of yours of the 28th. I

like General B--ever so much and have expected, and still

expect, to reappoint him.  But why does he not act -- investigate

-- publish the result, etc., etc. ? All sorts of ill rumors are afloat

-- intemperance, etc., etc.  The trustees are bound to do or say

something.  Silence longer is confession.  What does B-  think

and say? What will he do?

                           Sincerely,

                                                R. B. HAYES.

  P. S. -- Return this letter to me with your reply. -- H.

  HONORABLE GEORGE B. HOLLISTER.









94           RUTHERFORD BIRCHARD HAYES



  April 4, 1870.--Went to Cincinnati to the election. The

colored people vote for the first time under the Fifteenth Amend-

ment. They are very happy and the people generally approve.

They vote Republican almost solid.

  Joe Root and Judge Tilden both say that after Governor

Vance supported the nomination of General Taylor in the

Whig National Convention, 1848, Clay sent Vance a bill for

a calf presented to Vance some years before! Vance paid it

and took a receipt.





                                  COLUMBUS, April 5, 1870.

  DEAR NORDHOFF:--I have your letter of first instant. It is

impossible now to say whether I can meet you in Washington or

not. I shall be glad to do so if I can.

  I read the near future this way: The two old parties will

be the parties until after the next Presidential election.  What-

ever shortcomings belong to the record of the Republican party,

it is greatly to be preferred at the next election to any party led

and ruled, as the Democratic party is, by New York City

plunderers.  All sorts of reforms are desirable in our tax and

revenue laws.  A Republican will prefer to fight for them in-

side of the Republican party.  I therefore would advise against

attempting to organize a new party. In tariff issues I would

seek to gain my ends in congressional districts.

  Our elections in Cincinnati and elsewhere are good indorse-

ments of the Fifteenth Amendment.

                          Sincerely,

                                              R. B. HAYES.

  CHARLES NORDHOFF.

Private.

                                 COLUMBUS, April 6, 1870.

  DEAR GENERAL:--I was so engrossed in affairs connected

with our Legislature when I received the papers you sent me

relative to the case of Fitz-John Porter that I am in doubt

whether I wrote to you about that affair or not. I find no copy

of a letter to you in my letter-book, and suppose it merely ran









             GOVERNOR OF OHIO--1870          95



through my head. But at the risk of duplicating what is of no

importance, I write to thank you for the papers and heartily to

congratulate you on the posture of this matter.

  If Porter had kept silent there was danger that the received

notion of your masterly campaign would be that you attempted

to take Richmond; that you were furnished with what you

deemed sufficient force to do it; that with high-sounding procla-

mations you entered upon the job, and by incapacity failed.

This is putting it perhaps rather strongly, but there was danger

that this would be the commonly received opinion of your cam-

paign.  Now Porter comes in [and] demands a rehearing, the

whole matter, with the new light now shed upon it, is spread



before the public and is made an interesting topic of discussion

for some months; and the truth is made clear and unquestionable,

vindicating your whole conduct and character in a way that is

exceedingly gratifying to all of your friends. It is good -- very

good.

  I did think of writing to General Grant on the subject, but I

suppose it is not necessary now. I know nothing that would be

legal testimony in the case except what is known by everybody,

but in the subordinate position I held at Alexandria and Upton's

Hill on those dreadful August days, I saw and heard things

which settle my own opinions against Porter and his confederates

in the most decided way.  But I am boring you.  Please send me

another copy of the papers.

                           Sincerely,

                                                R. B. HAYES.

  MAJOR-GENERAL JOHN POPE.



                             COLUMBUS, OHIO, April 6, 1870.

  MY DEAR SIR: -- I am in receipt of your favor of the 2nd, and

shall be glad to meet you on the 19th if my engagements will

permit me to do so. I agree with your views, generally, as I

find them in your reports. They are winning their way. I

judge that Winans will be sustained in this district, Stevenson

in his, and so on. I wrote Nordhoff that I wanted no new party

and would have nothing to do with organizing a new one.









96           RUTHERFORD BIRCHARD HAYES



  It is probable that I can't be in Washington so soon as the

19th but I shall hope to see you there in May.

                          Sincerely,

                                              R. B. HAYES.

  DAVID A. WELLS,

      Washington, D. C.

                           COLUMBUS, OHIO, April 6, 1870.

  DEAR ROGERS:--I have your letter from Duluth.  It looks

well. That "bluff" that I am back of, I didn't know about it.

How high, steep, etc., is it? How much of an obstacle to town

growth? My friend Dr. Davis can pay down one thousand to

fifteen hundred dollars on lots, with you or otherwise. I am

not asked for cash on your one-third yet. It can be arranged

somehow as you wish.  Bring maps, etc., etc.  Why not settle

in Duluth and go into the real estate agency?

   [The] Fifteenth Amendment well sustained all over Ohio.

Negroes behaved well; the Democrats unexpectedly well.

                          Sincerely,

                                              R. B. HAYES.

  WILLIAM K. ROGERS,

      St. Paul.



                                   COLUMBUS, April 6, 1870.

  MY DEAR SIR:--In reply to a letter from Mr. Jones I send

you that part of one of my campaign speeches in 1867 which

contains Judge Thurman's famous resolution of 1866 (?).  That

part of my speech was not denied. His position on the Green-

back issue was not defined until six weeks after the campaign

began. I still think he at first opposed the Pendleton plan and

I banked (?) on his differing from the party until he was

forced to give his adhesion to it at Marietta, September 1867.

But he did it cautiously and in a few words.  His first full

speech on that question was early in 1868 in the canvass in the

Eighth Congressional District to fill a vacancy caused by the

death of Mr. Hamilton. I send you that speech as reported in









             GOVERNOR OF OHIO--1870          97



the Commercial.  It is in substance what he said during the

latter part of the canvass of 1867.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE O. P. MORTON,

       Washington.

                           COLUMBUS, OHIO, April 7, 1870.

  DEAR UNCLE:--. . .  Rogers writes me very encouraging

accounts of Duluth.  He is now there.  Building has gone on

all winter and the place looks like the beginning of a great city.

There are many hundreds of mechanics and laborers at work

on the breakwater, the elevators, the railroads, and private build-

ings.  On the main streets the lots sell for one hundred dollars

per foot and are advancing so that he thinks they will

reach three hundred dollars before the summer is out.--All

well.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                            COLUMBUS, OHIO, April 9, 1870.

  DEAR GENERAL:--I am in receipt of your favor of the 8th,

and thank you for the documents inclosed.  I return you General

McDowell's paper.  It is "short, sharp, and decisive."  One

thing, I think I omitted to mention: The universal sentiment

I hear among those whose judgment you would regard, that

your silence under the great wrong until the war closed was ad-

mirable and noble.

                          Sincerely,

                                              R. B. HAYES.

  GENERAL JOHN POPE,

      Detroit, Michigan.

                            COLUMBUS, OHIO, April 9, 1870.

  MY DEAR SIR:--I fear that the "docs" I sent yesterday may

leave the impression that Judge Thurman was the author of the

famous Fifth Resolution, or chairman of the committee which

   7









98           RUTHERFORD BIRCHARD HAYES



reported it. He was neither. He licked it into its present shape

and by his speech put it through. I send you extracts from the

Democratic state organ, the Statesman, of the day after the

convention, which show the speech and the transaction as the

Democracy then considered it. In our canvass his reply was

that Chase, Wade, Greeley and others were at that time equally

opposed to coercion. He also twisted an old speech of Lincoln's

into the same heresy.

                          Sincerely,

                                              R. B. HAYES.

  HONORABLE O. P. MORTON,

      Washington.



  April 11, 1870.--The Cincinnati Gazette criticizes the com-

mutation of the sentence of Steinmitz, for the murder of Heck

at Toledo, from death to imprisonment for life. I felt it was

the most doubtful of any official act of importance which I have

done. The court decided the case finally only a few days before

the day of execution. When the application reached me I had

but two or three days to consider it. It was shown to me that

the convict had borne the character of a peaceful, industrious,

quiet man; that he had been on a debauch, a spree, for a day or

two; was wild and foolish and incapable of deliberate and pre-

meditated malice; that the people generally wished his sentence

commuted. The member of the House, Mr. Griffith, the member

of last year, Mr. St. Clair, General Norton, Mr. Collier, and

others assured me in person that it was the almost universal

feeling that the man ought not to be executed. Mr. McLaren

urged me on general principles to commute; and, giving the ac-

cused the benefit of the doubt I felt as to my duty, I yielded --

perhaps improperly. I must not allow myself to decide another

case on such short notice; not talk to parties urging mercy;

simply hear them and reserve my decision.

  There were petitions from many good men, and nothing of

importance of that sort against it. Mr. Griffith said there were

on the jury two or three old men who were opposed to con-

viction, but who finally yielded under the compulsion of weari-

ness, weakness, and sickness.









             GOVERNOR OF OHIO--1870          99



  I have commuted three or four sentences of death and have

refused to interfere in four cases.  The four cases were of two

classes: -- 1. Convicts whose previous characters was [were]

desperately bad. 2. The homicides were perpetrated in the

commission of robbery.

  The comutations were on the ground of youth and doubt

as to the deliberation and premeditation of the act. A commu-

tation is of course not a pardon. A short imprisonment after

a commutation is not probable.  Many men have served out their

life sentences by dying in prison. Many are there who have

been there a great while -- from ten to thirty-five years.



                                 COLUMBUS, April 12, 1870.

  DEAR GENERAL:--I am in receipt of your favor of the 9th

in relation to my neglect of your part of the State in making the

appointments for the escort of the remains of General Thomas.

I am glad you wrote it, as it gives me an opportunity to remove

an impression which it is altogether natural you should have.

As you see the facts, your feelings are natural and the complaint

just. But I trust to your candid judgment to relieve me wholly

from blame. The authority to appoint seven committeemen was

given about ten or eleven o'clock A. M. of the day before Gen-

eral Thomas' remains were to reach Toledo at 6 A. M. There

was, therefore, no time for anyone to join the escort who was

southeast of Columbus. For this reason, and this reason alone,

no one was dispatched who resided south or east of here. I

assure you there was neither oversight nor slight of the claims

of your section, and am confident that on reflection you will

so see it.

                          Sincerely,

                                              R. B. HAYES.

  [Unidentified.]

                                 COLUMBUS, April 13, 1870.

  MY DEAR SIR: -- I am engaged in the work of making up the

Board of Trustees of the Soldiers' Orphans' Homes. Under

any circumstances it would be difficult to do this satisfactorily.

It is made more embarrassing by the shape given to the law. I









100          RUTHERFORD BIRCHARD HAYES



write to assure you that the omission of your name from the

list is due to no question as to your services or conduct in con-

nection with the Home of Xenia. On the contrary, your effi-

ciency, generosity, and heartiness in that work command my ad-

miration and entitle you to the gratitude of every friend of the

soldier and his orphans.  I trust you will appreciate my motives

and believe me that I am

                          Sincerely,

                                               R. B. HAYES.

  MAJOR M. S. GUNCKEL,

      Dayton, Ohio.

                                 COLUMBUS, April 13, 1870.

  MY DEAR SIR:--Your generous and efficient labors in behalf

of the Orphans' Home at Xenia entitle you to a few words from

me. In the shape in which the law finally passed I am con-

strained to make up the list of the state board without your

name.  I need not refer to this further than to say that I fully

appreciate your services and character and regret the condition

of things which seems to require this course.  If Xenia had

remained the first State Home I should have named you as the

resident trustee.

                          Sincerely,

                                              R. B. HAYES.

  MR. ELI MILLER,

      Xenia, Ohio.

                                 COLUMBUS, April 17, 1870.

  GENTLEMEN:--I need hardly say that the information con-

tained in your dispatch received last night in relation to Colonel

Burns' opposition to the Home for Soldiers' Orphans took me

completely [by] surprise. You will readily accept my assurance

that I would not knowingly appoint an enemy of the cause.  The

explanation of my action is briefly this:  It was generally agreed

among the friends of the Home that it was desirable that the

Democrats should have a representation on the Board of Man-

agers.  The name of Colonel Burns was suggested by a number

of friends of the measure, and for two or three weeks I have

been in the habit of naming him as a probable nominee for the









             GOVERNOR OF OHIO--1870          101



board to all who conferred with me on the subject. Without

exception the expression was favorable; in effect, that if a

Democrat was to be selected, no man could be better.  It is to be

hoped that in his action he will prove to be worthy of the trust.

If not, it is a satisfaction to know that there are six men on the

board whose ability and disposition to do good work are beyond

all question.

  Your dispatch reached me after the Senate was in secret ses-

sion, and I had no opportunity to change the nomination until

after its confirmation made it too late.  But I did the next best

thing--to make known your views.  I sent the dispatch by a

senator to our political friends in the Senate, and their action

was with a full knowledge of your statements.  I regret exceed-

ingly to disappoint you, and here leave it, hoping you will dis-

cover no intentional fault in what has been done.

                           Sincerely,

                                                R. B. HAYES.

  H. C. HEDGES, ESQ.

  R. C. SMITH, and others.



  April 19, 1870.--The Legislature adjourned yesterday.  On

the whole, its work has been well done.  A longer session than

was required, longer than I had hoped, but so much shorter than

the last two sessions that the people will be pleased.

  The most remarkable event of the session was the attempt

of the Democratic senators Saturday night to defeat the organ-

ization of a Soldiers' Orphans' Home under the act lately passed

for that purpose.  Seven gentlemen  were nominated  to con-

stitute the Board of Managers.  The Senate was a tie, seventeen

to seventeen, between the parties.  The hour of adjournment

was fixed, and if they could prevent confirmation a few hours the

Orphans' Home was defeated for this year.  No objection could

be made to the competency and fitness of the gentlemen nomi-

nated.  The objections were: 1. They were all soldiers; 2. Too

many of them belonged to the Grand Army of the Republic;

3. There were not enough Democrats on the board. Accord-

ingly, when the arrival of Mr. Gotch gave the friends of [the]

Orphans' Home one majority, they resolved to prevent its









102          RUTHERFORD BIRCHARD HAYES



organization by a lawless, revolutionary, and unprecedented re-

sort to "absquatulation." They fled from the chamber. Camp-

bell and Hunt ran to the water-closet -- the privy. Others bolted

out of the Capitol into the street. Hubbell, of Delaware, did not

remain out of sight, and the assistant sergeant-at-arms, Gus-

weiler, a Democrat, saw him, gave chase, captured, and brought

him back. This made a quorum in the hall. The nominations

were confirmed and the conspiracy was defeated.

  This is the salient fact which should be charged home on the

Democratic party.

  The Fifteenth Amendment is the great act of the session.

The history of its passage; the protest signed by only thirty-

nine out of the fifty-five who opposed it; the subprotest of

McVay and Devore in today's Journal, etc., etc., make also a

good topic.

  The Democrats of the Senate were very indignant that Hub-

bell allowed himself to be captured. One Democrat said he

would like to be a committee of one to cut his head off.

  The Democratic senators say that "if Hubbell had not been

drunk he would not have gone back into the Senate, and their

scheme would have succeeded." Hubbell replies that "if the

other Democrats hadn't been drunk they would never have run

away."

  "A very pretty quarrel as it stands."

  The repeal of the Visible Admixture Laws by the aid of

Democratic votes (see the vote) was a noteworthy triumph.

  The repeal of the Soldiers' Voting Law Repeal and the re-

enactment of the old law is of the same sort.

  The Students' Voting Law passed the Senate; did not pass

the House by reason of absence of members.

  The law requiring the approval of taxpayers before the

County Commissioners can make expensive works.

  The repeal of the Boiler Law.

  No attempt by absquatulation to defeat the will of the majority

ever attempted under the present constitution before.









             GOVERNOR OF OHIO--1870          103



                          COLUMBUS, OHIO, April 19, 1870.

  MY DEAR SIR:--I am in receipt of yours of the 18th. You

are totally mistaken in my character when you say that you pre-

sume what you have written will not disturb me in the least!

I assure you I feel keenly the disappointment and censures of

my Republican friends in Mansfield, and feel deeply that you can

so write. I would not be just to myself not to say this.

  I wrote the facts to Mr. Hedges and others. They are simply:



1. All friends of the Home agreed that there should be a Demo-

cratic representative on the board. 2. For three weeks I named

Colonel Burns to all who conversed with me (his name having

been suggested to me by a friend of the Home) on the subject

of the appointments, and all spoke of him as a proper man, if a

Democrat was to go on the board.  You are in error in saying

I set aside anybody. No other Mansfield man was named.

  Six good men are on the board and I hope Colonel Burns will

turn out less objectionable than you anticipate. If I have made

a mistake, it has been done with the best of motives and in

accordance with the views of many of our best men. I hope

you and my Mansfield friends will see in the facts room for a

charitable construction of my acts. If not, one thing is sure,

when you come to dispense patronage, you will agree with me

that it is no easy job to do satisfactorily.

  All this is confidential.

                          Sincerely,

                                               R. B. HAYES.

  C. H. BOOTH, ESQ.,

      Mansfield, Ohio.



                                 COLUMBUS, April 20, 1870.

  DEAR W--:--I thank you heartily for the article on the

Steinmitz case. I think you are right in every particular as to

my action. I did think and still think the case a doubtful one-

the most doubtful of any case of life upon which I have acted.

But I do not regret the action. He was shown to be a man of

low grade, but heretofore peaceful and law-abiding in the main









104          RUTHERFORD BIRCHARD HAYES



--in no sense a desperate or dangerous man; that he was for a

day or two on a drunken debauch, so excited that his ability to

form that deliberate purpose to kill which alone makes murder

in the first degree is at least doubtful. I gave the benefit of that

doubt in favor of life.

  Perhaps I was wrong.  I admit the case is one of extreme

doubt, but one fact you do not know.  There were here from

Toledo a number of your best citizens lobbying for the Griffith

Railroad Bill--gentlemen in no way interested in behalf of

Steinmitz. They personally assured me that the judgment and

wish of the great body of the people of Toledo were against

an execution. This turned the scale. But I prefer no contro-

versy about it. This is private.

  Again thanking you, I am,

                          Sincerely,

                                              R. B. HAYES.

  [CLARK WAGGONER (?)]





  April 22. -- Generals Force and Keifer dined with us yester-

day. They are here at the first meeting of the Ohio Soldiers'

and Sailors' Orphans' Home.  Keifer was in the battle of Cedar

Creek.  Says the absence of Sheridan left the command of the

army in the hands, not so much of General Wright, as of Sheri-

dan's staff; that Wright's name was used for the current busi-

ness but practically his command was merely nominal.  On the

morning of the battle he had no staff--that to him [Keifer] he

appeared confused and stupefied.  But he says he [Wright] had

decided to attack the enemy before Sheridan's return.

  General Buckland was chosen  President of the Board of

Managers  of the State Home.       They  decided to adopt the

orphans at Xenia as in the State care from today.

  We had a fine reception at General Wright's.  Lucy is gain-

ing flesh and color again, and never looked more charmingly in

my eyes than last evening.









             GOVERNOR OF OHIO--1870          105



Private.

                          COLUMBUS, OHIO, April 22, 1870.

  DEAR SIR: -- I am obliged for the friendly tone of your letter.

You do me no more than justice. A full statement of the facts

so far as my action is concerned would leave the matter about

as you put it, so I need not detail them. I thank you for a

charity not always exhibited, and close by saying that few men

have spent as much time, money, and labor to make successful

the cause of Orphans' Homes in Ohio as I have; and that not-

withstanding all mistakes, I am glad to be able to say that the

prospect is very encouraging, and that as a whole the board

is an excellent one.

                           Sincerely,

                                                R. B. HAYES.

  [ Unidentified.]

                          COLUMBUS, OHIO, April 22, 1870.

  MY DEAR SIR: -- The public documents for your Historical

Society will be sent as soon as practicable.

  The St. Clair papers will be purchased as soon as the court's

order will permit their transfer to the State. They will be

placed in the Library, and under such proper regulations as

may be established every facility will be afforded you with

reference to them.

                           Sincerely,

                                                R. B. HAYES.

  A. T. GOODMAN, ESQ.,

       Cleveland, Ohio.





  April 27, 1870. -- Returned last night from a pleasant trip to

Fremont. Lucy, little Fanny, and her nurse, Eliza Jane, gone

on a visit to Cincinnati. Aunt Margaret and Miss Sharpe are

here on their way to a Woman's Rights Convention at Dayton.

My point on this subject is that the proper discharge of the

functions of maternity is inconsistent with the like discharge of

the duties of (the political duties of) citizenship.









106          RUTHERFORD BIRCHARD HAYES



                                   COLUMBUS, May 3, 1870.

  DEAR UNCLE: -- . . .  We have been busy selling the

[Insane] Asylum grounds and buying Sullivant's fine place in its

stead. We got one hundred thousand five hundred dollars to

boot. A world of selfish scrambling about it. But all is well.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.



  May 12, 1870. -- Today C. T. Webber, of Cincinnati, began

to paint my portrait. I had a miniature painted by an English-

man, named Freeman, in 1847. Witt, of Columbus, painted my

portrait two years ago, 1868.



                                  COLUMBUS, May 16, 1870.

  DEAR GENERAL:--My wife compels me to say, and says I

must do it voluntarily and spontaneously, that the first phrase in

your letter is very objectionable. You say, "I suppose you take

enough interest in the Ohio Soldiers' and Sailors', etc." "He

ought to know (I now quote from the indignant female) that

nothing is so near your heart," etc.  She is glad the Xenia

matron is to go -- will visit Xenia as soon as she has gone.  We

both like the prospect.  I hope you will keep up hope and put it

through. I think well of Dr. G-- but do not know him in that

capacity well enough to be sure.

  Good luck to all concerned.

                          Sincerely,

                                              R. B. HAYES.

  GENERAL M. F. FORCE.



  May 30, Decoration Day.--Left Columbus Saturday night

(28th) 9 or 10 P. M., sleeping car to Steubenville. Got there at

3:30 to 4 A. M. No hackman at depot. Wandered over town

hunting United States Hotel. Found it after a long hunt. No-

body awake. Tried to stir out of his bunk a colored servant.

After a long delay got him aroused. Said there was no empty









             GOVERNOR OF OHIO--1870          107



bed in the house ! Scouted over town until daylight. Went back

to hotel; nobody up. Stretched out on chairs in ladies' parlor,

got a good nap; disturbed by woman cleaning up. Told her my

afflictions. She gave me a poor little room. Slept well.

  At breakfast met General Anson McCook. All right now;

church  with him.     Dined  ever  so pleasantly  at the artist

Andrews'. A pleasant set. Joseph Means, General A. McCook,

Andrews and his fine wife, and Colonel Baird.

  Andrews has a studio with a good collection of curiosities,

gathered in Europe,-- armor, weapons, and "sich." Called on

Mrs. Webster, widow of Colonel George P.; Mrs. McCook,

mother of the gallant family which lost so many of its members;

 [and] Colonel James A. Collier, on his eighty-first birthday.

  Spoke ex tempore in the sun about thirty minutes at the monu-

ment in the cemetery. A great crowd; a so-so speech.

  June 3.--Wednesday evening, June 1, we gave a reception to

General Sherman who was in Columbus to attend the wedding

of his nephew McComb to Miss Clara Baldwin. The general is

a ready--more than that--a rapid, impulsive, jovial talker,

who puts all at ease by his hearty, cordial manner.

  Our beautiful little Fanny, now two and three-fourths years old,

came into the crowded parlor, looking her prettiest. She is

ordinarily very lively and active, but she was slightly subdued

by the numbers and noise. General Sherman picked her up and

kissed her heartily, saying, as he felt her plump arms and legs:

"Ah, there is plenty of bread and milk in this house; there's no

cotton here!"



                                  COLUMBUS, June 3, 1870.

  MY DEAR BOY:--I see by the Journal you are playing base-

ball and that you play well. I am pleased with this. I like to

have my boys enjoy and practice all athletic sports and games,

especially riding, rowing, hunting, and ball playing. But I

am a little afraid, from [what] Uncle says, that overexertion

and excitement in playing baseball will injure your hearing.

Now, you are old enough to judge of this and to regulate your

conduct accordingly. If you find there is any injury you ought









108          RUTHERFORD BIRCHARD HAYES



to resolve to play only for a limited time-- say an hour or an

hour and a half on the same day.

  Uncle and Sarah [Jane Grant, visiting Columbus]  with our

whole family are well. We had General Sherman at our house

Wednesday evening with a pleasant party.

                          Sincerely,

                                               R. B. HAYES.

  BIRCHARD HAYES,

       Fremont.

                                   COLUMBUS, June 3, 1870.

  DEAR BROTHER JAMES:--We are very glad to get your good

letter from Berlin.  We began to think you had dropped us all,

and felt a little as if we deserved it. I will try in future to keep

you posted with Commercials. We did not know your address.



  Birch and Webb are at school at Fremont. . . . Ruddy

is at home--treated like an orphan or like a stepchild because

he is named after his father! .  .  .  Little Fan is the bird

of the house--very healthy and lively and pretty. She talks

rapidly and recklessly, pronouncing all hard words wrong of

course, but going it.

  I visited Dayton, at Dick Anderson's, with Lucy a short time

ago. The Soldiers' National Asylum was the excuse. A most

beautiful, noble affair it has grown to be.

  Lucy fattens a little which improves her good looks.  She

employs herself about soldiers' orphans,-- we now have a Home

in the worry of starting at Xenia,--about the decoration of

soldiers' graves which is a success, and about the deaf and dumb

pupils at the Reform Farm for boys.  These matters with home

affairs keep her busy and happy.

  I am ready to go out of politics now. The cause I enlisted

for is completely master, and the new questions do not interest

me. There is no feeling or interest in political matters. The

Administration does well--reduces the debt, keeps out of dif-

ficulty, and lets things float.

  I go to Cincinnati occasionally. It grows steadily but not very









             GOVERNOR OF OHIO--1870          109



 rapidly. Is as pleasant as any Western city, or Eastern for

that matter, but perhaps a little "slow."--All send regards.

                            Sincerely,

                                                 R. B. HAYES.

   DR. JAMES D. WEBB,

       Berlin.

                                   COLUMBUS, June 13, 1870.

  MY DEAR GENERAL: -- You will be astonished as I was by this

decision as to the right of the soldiers to vote at the Dayton

National Asylum. But there it is. How can we get rid of it?

Can you pass an Act of Congress that will avoid it?  I feel

like saying that the soldiers must vote as usual, and test the case

again.

  I merely call your attention to it with a view to congressional

action.  You recollect the act ordering jurisdiction  expressly

provided that residents of Ohio retained the right to vote.

                           Sincerely,

                                                R. B. HAYES.

  HONORABLE R. C. SCHENCK.

       Washington.



  June 14-18, 1870. -- To  Cincinnati to make  the welcoming

speech at the National Saengerfest Wednesday evening, 15th.

A great audience. [Gave] Webber four or five sittings on por-

trait.  His portrait of Governor Anderson  (Charles) is very

spirited; fine, eagle-like eyes; a little too much red in the com-

plexion. Mine is rather coarse -- a red, bloated look. Had been

in the sun in an open carriage about five hours the day before.

My skin burns red easily and so this ill feature is perhaps too

etc., etc.



                                   COLUMBUS, June 30, 1870.

  DEAR COUSIN EDWARD: -- I today received your very welcome

letter, and the enclosed copy of Grandmother's diary. It is ex-

ceedingly interesting and I am much obliged to you for it. I

have a copy of her diary from 1840 to her death. In that she

speaks of having given her previous diary to Uncle William.









110          RUTHERFORD BIRCHARD HAYES



But the fragment you send is the first part of it I have been able

to find. I have for some years been interested in George Noyes'

compilation of facts, notes, and pedigree, etc., etc., of the Hayes

family, and have from him and other sources got together a

pile of papers pertaining to the matter. I would like to have you

send me a list of your family, embracing the names, dates of

birth, marriages, deaths, present place of residence, etc., etc.;

the list to include your father and mother and all of their de-

scendants. This is something of a job, but as you are in that

line now, William being census-taker, I hope you will find time

to gratify me. Who is the person to do the same thing for

Aunt Fanny's family?  I wrote to --- Cook, but I suppose I

did not get his address correctly.

  I have four children living, three boys and a girl. I send

you photographs of the oldest (Birtie, for short) Sardis Birch-

ard Hayes, now sixteen, and the youngest Fanny, now two and

a half, also of wife and my own. We are living temporarily

here. We mean to quit public life in a couple of years and go

back to Cincinnati or possibly to Toledo.

                          Sincerely,

                                              R. B. HAYES.

  EDWARD BANCROFT,

      Chesterfield, Massachusetts.





  July 1, 1870. -- Returned from a four [days'] trip to Wash-

ington on the 28th. Stopped there at the Arlington, a new hotel

and the best ever in Washington. Board five dollars a day! The

great statesman at Washington now is Governor Morton. He

is a strong, logical debater, who has the faculty of putting an

argument in a way that is satisfactory to the best minds, and

at the same [time] is understood and appreciated by the most

ignorant.

  I called at the White House in the evening, Monday, 27th.

It was a sultry night after a blazing day. General Grant with

ladies and children was sitting on the portico looking out to-

wards the Washington Monument. The doors were open through

the house from the front for the draft.  I gave my name to the









             GOVERNOR OF OHIO--1870          111



servant at the front door. He went back and soon returned

with the words, walk in. General Grant came into the house

and met me very cordially and going through the parlors in-

troduced me to the party on the portico. Mrs. Grant, old Gen-

eral Dent, Mrs. General Rucker, Mrs. General Dyer, Jessie

Grant (I think that's the daughter's name), the little fellow, and

myself made the party sitting on the great portico. A fountain

not in sight could be heard out in the darkness in front. The

general was not smoking. The conversation was of West Point,

the President's fishing excursion, and the hot weather. Gen-

eral Grant gave the heat of the day before in many cities, but

New York was hottest, 106 degrees in the shade.  He spoke of

the heat in the Senate Chamber; hoped it would be so hot that

there would be no extension of the session.

  The British Minister, Mr. Thornton, called with his wife and

an Irish lady.  General Grant spoke of the death of Lord

Clarendon; a conversation of small interest, but natural, fol-

lowed. General Grant was polite in tone and language. The talk

was turned to the rapid growth and change in this country by

Mr. Thornton saying that on a map of 1827 there was no such

town as Chicago. Mrs. Rucker remembered being at Fort Dear-

born, near the busiest part of Chicago, when there was no town!

General Grant rode a fleet pacing black mare to Chicago twenty

(?) years [ago] when he was a first lieutenant. He could have

swapped his fast mare for an eighty-acre lot where ground on

Wabash Avenue is worth now three hundred dollars a foot.

  After the callers left the ladies retired. The General called

for cigars. The son, a five-foot-eleven boy, weighing one hun-

dred and sixty, who graduates next year at West Point, and a

comrade came down.

  I asked the general as to his health, his headaches, etc. He

said his health was excellent. That he quit drinking water at

his meals and for a year had had no headache. He had now

an easy time in his office. The first three months was hard, but

now all comfortable.

  San Domingo was his pet topic. He did not expect it to be

ratified (the treaty). Thought the committee on Foreign Rela-

tions badly constituted.  Sumner as chairman, a man of very









112          RUTHERFORD BIRCHARD HAYES



little practical sense, puffed-up, and unsound. Carl Schurz, an

infidel and atheist; had been a rebel in his own country--as

much a rebel against his government as Jeff Davis.  Casserly,

a bigoted Catholic who hated England; a learned man and a good

man, but his prejudices made him unsafe.

  I told him I did not know upon what grounds the Administra-

tion wanted San Domingo. He in a rapid, brief, but compre-

hensive way set forth its advantages, described the island, its

productions, people, etc., etc., in a most capital way.

  He said he felt "much embittered" against Sumner for unjust

attacks on Major Babcock. Major Babcock could not defend

himself; gave him a fine character.  "I can defend myself, but

he is merely a major of engineers with no opportunity to meet

a Senator."



                                  COLUMBUS, July 14, 1870.

  MY DEAR JUDGE: -- I hasten to explain: Either I wrote what

I did not intend or you have greatly misapprehended me. There

is nothing "wrong" in your asking, or my doing what you ask,

in the sense in which you use the word.  It is all right in that

sense.  What I meant was that in my condition, pecuniarily,

it would be wrong for me to spend money or incur obligations

such as your request required.  By "wrong" I mean merely im-

prudent--it wouldn't pay for me to do it.

                          Sincerely,

                                               R. B. HAYES.

  HONORABLE ISAAC RANNEY,

      Delaware, Ohio.





  July 15, 1870.--About 12:30 today, "War declared, hostili-

ties commenced," was reported as telegraphed to the West by

the Associated Press. France has probably declared war. My

sympathies are all with Prussia. I confess I fear the dash and

power of France will be too much  for Prussia at the start.

I look to the bottom and German holdfast courage to save them

in a long war.









             GOVERNOR OF OHIO--1870          113



  July 21, 1870. -- I went down to Cincinnati on the 6:10 P. M.

train Tuesday evening. Stopped at John Roth's St. Nicholas.

Saw Landy who told me the hot weather and a mising hand

had prevented him from finishing the Rembrandt photographs

of Lucy and myself.

  [On the] 19th, C. T. Webber painted two hours on my por-

trait. It is much improved. He will want three or four more

sittings. Saw Clarke, the artist who painted Judge Bartley.

Had  wine with Beard in the P. M.         Beard and I drank a

schoppen and a half each.  Hot weather, very.  A happy evening

with Dr. and Mrs. Davis.

  [On the] 20th, took car (street) at Gibson House, corner of

Fourth and Walnut for depot; 8:30 train for Wilmington.

Found a large audience at the Fair Grounds--three or four

thousand--listening to a history of the battles and sieges of the

Seventy-ninth Regiment. Tears were in many eyes as he [the

speaker] told affecting incidents. The color-guard lost eight --

seven holding the colors--at the battle [Peach Tree Creek,

Georgia, July 20, 1864] of which this was the anniversary.  It

was intended that I should be colonel; but the wound at South

Mountain and the promotion of Colonel Scammon prevented.  I

became colonel of my own gallant Twenty-third.

  After dinner, Chaplain Stillwell told good stories of the

Seventy-ninth's campaign, and I then made a short speech.  The

salient point was: -- "We need not overlook the soldier.  A fort-

night ago, when we celebrated the Fourth of July, all was peace-

ful. Halcyon seas, clear skies, favoring gales. No murmur, no

sinister threatenings anywhere.  Now, wherever on earth the

wires are stretched, the faces of men are bent forward eager to

catch the first rumbling of the great battles that are to recon-

struct the map of Europe--perhaps  the map of the world!

Battles that are perhaps to overturn thrones and destroy dynasties

that were deemed settled for centuries.  Our policy, our purpose,

our wish is to be neutral, to keep out of the maelstrom.  But we

have sympathies, we have opinions.  During our great conflict

for liberty and nationality, we had many enemies and few friends

in Europe. But from first to last the German people and the

   8









114          RUTHERFORD BIRCHARD HAYES



German government sympathized with us and were our friends.

We reciprocate today their feelings."

  There was much sensation and evident approval in the

audience.

  I took the cars back to Morrow.  In a few minutes the train

which leaves Cincinnati about 4 P. M. came, and I returned

home reaching here at 9:30. I was surprised to find that Lucy

and the boys, Birch and Ruddy, had gone to Cincinnati; sur-

prised only because I had not seen them on the down train.

We passed at Selma, and while the trains stopped at that station

I walked alongside the whole down train without seeing them.

Luck to them.



Private.

                                  COLUMBUS, July 21, 1870.

  MY  DEAR GENERAL:--I  prefer, for reasons not important

enough to name, to put no letter on file at this time in relation

to the judgeship now held by Judge Leavitt. But if you think it

proper and worth while to give my views to the appointing power

I can express a most decided opinion as to the fitness and merits

of Judge Force. He is an accomplished scholar and lawyer, an

upright and able judge, and a man fitted by temper, experience,

manners, and character to fill the place referred to acceptably

to the bar and to the people.  His appointment I regard, and

I think the public will regard, as honorable to the appointing

power. I hope it will be made.

                          Sincerely,

                                              R. B. HAYES.

  GENERAL J. D. Cox,

      Washington.

                                  COLUMBUS, July 21, 1870.

  MY DEAR GENERAL:--It will particularly gratify me if you

can give employment in Europe for my brother-in-law, Colonel

(Dr.) Joseph T. Webb, now in Paris or London. He is a man

of sense, character, and culture and possesses a knowledge of

French and German; has been since the war generally in Ger-

many; is thoroughly American; did good service in the war; al-









             GOVERNOR OF OHIO--1870          115



though a surgeon was brevetted for gallantry in the Valley in

action, lieutenant-colonel, etc., etc. He travels in Europe on

account of the health of his wife (nee Annie Matthews). He

has more knowledge of his profession, of society, and affairs

than a majority of our representatives abroad. I got a letter

from you two years ago and filed it with others for the Hamburg

consulate. Disgusted with the rush, I did not press his claims.

It strikes me that now capacity, courage, accomplishments, and

character may be more in demand, and I therefore freely urge

his merits.

                          Sincerely,

                                               R. B. HAYES.

   GENERAL J. D. Cox.

                                   COLUMBUS, July 23, 1870.

  DEAR Guy: -- I have long thought of writing to you, and been

anxious to hear from you again. The slip I send reminds me

forcibly of old college days. Tudor Fay was one of my nearest

neighbors in Cincinnati. We daily met. He often spoke of

you with the friendly and amiable feeling of years ago. You

notice the tone of the article. He was formerly devout, became

a skeptic, was severely censured--felt it keenly, and was some-

what embittered. In all my intercourse with him I found him as

warm-hearted, kind, and friendly as when a boy. What he may

have said to give offense to his church associates, if anything,

I do not know.

  My family is without change except the change which years

bring. My oldest boy is almost seventeen. My only daughter is

the charming one, nearly three. Uncle Birchard made me a long

visit a few weeks ago. I hunted up and read to him a sort of

journal of our Texas trip, reviving recollections of that inter-

esting time, and of the persons we then met, so many of whom

have passed away.

  We both retain the old feeling for you and yours in full

measure. I do not know how much our political differences

have affected your feelings. I trust not at all. One thing, I

doubt not, that as to the practical questions of the present and









116          RUTHERFORD BIRCHARD HAYES



the future we are substantially in accord. At any rate, I as-

sure you I am

                     As ever your friend,

                                               R. B. HAYES.

  P. S. -- My kindest regards to Mrs. Bryan.

  GUY M. BRYAN,

       Texas.



  July 23-29. -- Housed with an attack of fever; not severe.

         Lucy read me "Our Mutual Friend."  Affecting scenes;

a softening effect on hard natures this must have. Certainly has

on mine.

  An ulcer on my left eye, result of fever, houses me up from

28th to August 6, on which day with goggles and green shade

I start for Chicago, St. Paul, and Duluth.





                    MILWAUKEE, WISCONSIN, August 8, 1870.

  DEAR UNCLE:--We  are stopping a few hours here before

going to St. Paul. The fever left me with a badly inflamed eye.

It is almost well, and I am getting strong.

  I hunted up the Birchard here. He is a pleasant gentleman --

has an extensive furniture business. He knew in a general way

about the whole tribe; traces back to the Norwich family.

  My travelling companion is General Force of Cincinnati.

  How good the news of Prussia flogging Napoleon!

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                                 ST. PAUL, August 13, 1870.

  DEAR UNCLE:--We go to Duluth this morning. I spent last

evening with my old friend, Judge Finch. He is a prosperous

and happy old gentleman after his troubles. His son sells a

million a year, his grandchildren and all are good and promising.

He said: "Now don't forget to give my love to Birchard. I

think of him with the greatest pleasure." He said: "Your









             GOVERNOR OF OHIO--1870          117



sister Fanny had the finest character. Take her mind and heart

and disposition and person, she was the loveliest woman I ever

knew."

  We go from Duluth by the lakes to Cleveland, probably.

                          Sincerely,

                                               R. B. HAYES.

  P.S.--Eyes right -- health good.  Send this to Lucy.

  S. BIRCHARD.



  August 27.--I returned last Wednesday (24th) evening after

almost three weeks' absence. St. Paul is a fine, promising city

with a future. Duluth has a fair start, but is a mere shanty

town now. No brick building yet under roof; three building.

The census shows a little more than three thousand people.

About three-fourths of the buildings are temporary. But the

town is laid out skillfully and I believe another year will show it

doubled in people and more than doubled in buildings and busi-

ness.

  General Force and I climbed the steep hills in spite of tangled

thickets and mosquitoes!  .  .  .  Rogers visited with us the

decayed town of Superior, Fond du Lac, and other places where

his health and strength permitted.

  We returned on steamer (propeller) Northern Light, Captain

Murch, five days to Cleveland.





                         COLUMBUS, OHIO, August 28, 1870.

  DEAR  UNCLE:--Returning  from  my  Minnesota  trip  on

Wednesday, I found so much to do that I have not written.



  I am not quite certain of my movements this week.  I go to a

Twenty-third Reunion at Ashland on Wednesday, and may go

direct from there to Cornell University. If not, I will come to

Fremont probably. I had a talk with Mr. Randall and his son.

His notions of Cornell are mine, but he really knows very little

more than I do.









118          RUTHERFORD BIRCHARD HAYES



  I will talk up Duluth when we meet, which will be soon. I

found matters just about as I anticipated. Our property has

about doubled.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.





  September 9-14.--Went with Birch to Ithaca, New York, to

place him at Cornell University. He is deficient in Greek to

enter the classical course. He will take the combined course

which is the same as the classical except that German and French

are substituted for Greek. He will make up his Latin during

the year.

  The advantages of Cornell seem to be in a liberal, progressive,

and practical spirit and these items: 1, Modern languages, 2,

English language and literature, [and] 3, Natural sciences [are]

more thoroughly taught.





                 No. 3, 4TH STORY, CASCADILLA PLACE,

               CORNELL UNIVERSITY, ITHACA, NEW YORK,

                                September 13, 1870, 4 P. M.

  DEAR UNCLE: -- How long this letter will be depends on how

long Birch is kept in the grammar examination in the reception

parlor on the first story. He is through with geography, arith-

metic, and algebra. I do not doubt his entering the freshman

class with the condition that he makes up geometry and Latin

during the year. I have engaged a tutor in geometry and the

Latin professor will get him a Latin tutor.

  I am glad I came on many accounts. Not the least important

is, I got this beautifully located room for him, Randall, and

Baker, of Norwalk, a bright well-appearing boy. Three occupy

such rooms as this, sixteen feet square with a bedroom sixteen

by ten attached. Three windows in front command the finest,

noblest view in the region. The whole of Ithaca, the whole

lake, and miles of valley.









             GOVERNOR OF OHIO--1870          119



  Birchie and his two chums are here (4.15 P. M.) and think

they are safe. Mr. Randall and Mr. Baker will see to the car-

peting and furniture -- about thirty dollars for each boy, I judge.

The other expenses are about as I named to you, viz., $5.50 per

week for board, etc., washing extra. The Cascadilla is half-way

between town and the other college buildings. It contains the

boarding halls and kitchens, the large reception room, the rooms

of President White and a dozen professors--one-half with

their wives -- and about forty students, perhaps more. I regard

it as the choice place, especially for beginners. A professor is

our boys' next neighbor. All Birchie's teachers know him, and

will give him personal attention. The relations between profes-

sors and students seem just what they ought to be . . . .

  The Cascadilla was built for a water-cure, and is in some

respects inferior to the new college buildings in its arrange-

ments.  The students' rooms in the new buildings are the best

I ever saw.  The advantage of the Cascadilla is its location,

half-way between town and college--the residence of the pro-

fessors, etc., etc. Altogether I leave here feeling very com-

fortably about Birch.

                               Sincerely,

                                                 R. B. HAYES.

   S. BIRCHARD.

                       COLUMBUS, OHIO, September 26, 1870.

   DEAR UNCLE:--I returned this morning after speaking five

times in Mr. Bingham's district. It has been very pleasant work.

I go back tomorrow and speak for two weeks somewhere almost

 daily. The fine air of the hill region and the exercise prove

very invigorating.

   My eyes steadily improve. I think they will get as good as

ever. For reading and writing they are as good as ever.

   I have a letter from Birch. He seems contented, and I think

will do well.

                               Sincerely,

                                                 R. B. HAYES.

   S. BIRCHARD.









120          RUTHERFORD BIRCHARD HAYES



                         SANDUSKY, OHIO, October 4, 1870.

  MY DARLING:--I would not write this morning, but it is my

birthday.  I am today forty-seven years old.  Passing on to

the wrong side, the downhill side, of life!  How  strange it

seems!  You and I feel young.  Only observation, not our own

experience, teaches us that we are getting nearer to the mysteri-

ous change.  My life with you has been so happy-so successful

-so beyond reasonable anticipations, that I think of you with a

loving gratitude that I do not know how to express. Opening

your side of my valise this morning I found a little sack be-

longing to one of little Fan's dolls.  I at once was carried back

to our beautiful home and busied myself watching her stubbing

about with her chubby legs and firm feet. Precious darling she

is.

  We had a good meeting last night.  Root greeted me warmly

--inquired after you kindly--called for three cheers for me

after my speech and followed in a stirring talk of the best sort.

My speech was as near a failure as I ever make.  The cold, etc.,

etc., made it imposible for me to get a flow.

  I shall call on various friends this morning and go to Milan

after dinner. "S' much."

                      Affectionately ever,

                                                        R.

  MRS. HAYES.

                             COLUMBUS, November 2, 1870.

  MY DEAR GENERAL:--I have yours of the 31st.  The topic

you know is far from new--indeed, almost stale, and for a

man of your resources to take it up, and deal with it as you

would, if you touched it at all, would be regarded by many as

an unfriendly attack. It would be quoted by the common enemy,

and it occurs to me therefore, that I should not make it in any

conspicuous way. We are furnishing the enemy with powder

and ball too recklessly these days. Thank you for your con-

fidence.

  I would like to see you before Congress meets. Can't you

make me a visit?

                             Sincerely,

  JAMES A. GARFIELD.                            R. B. HAYES.









             GOVERNOR OF OHIO--1870          121



                               COLUMBUS, November 5, 1870.

  MY DARLING: -- General Knapp and I met the Board of Man-

agers at the Orphans' Home at Xenia yesterday.  Mrs. Monroe,

Mrs. Keifer, and Mr. Monroe were also there. You were invited,

and great expectations, by little folks and all, were disappointed

by your absence. It is a fine place. You would enjoy it all. Mrs.

Griswold is a kind, good old lady. The children are bright and

happy, the teachers and matrons of cottages all seemed in

earnest. You will enjoy visiting there. It is more interesting

than ever.  Mrs. Monroe and her lord both urge you to visit

them.  Dr. and Mrs. Griswold ditto, etc.

                            Yours,

                                                           H.

  MRS. HAYES,

       Fremont.

                               COLUMBUS, December 7, 1870.

  DEAR GENERAL: -- I write to request that if necessary you will

act in the reappointment of General Hastings as Marshal of the

Northern District. He was my adjutant-general and was dis-

abled under my command.  I take a particular interest in his

success, and will be obliged personally if you can properly sup-

port him.

                               Sincerely,

                                                R. B. HAYES.

  P. S.--The President's message is exceedingly satisfactory

to the people. The only part objected to is the San Domingo,

and but little attention is given to that.

  HONORABLE J. A. GARFIELD.



                               COLUMBUS, December 7, 1870.

  MY DEAR SIR:--My particular friend General Hastings will

want your help to retain his place as Marshal of the Northern

District. You know his merits as a man, public officer, and dis-

abled soldier, and I therefore merely ask your attention to his









122          RUTHERFORD BIRCHARD HAYES



case with the remark that I take more interest in his success

than in any other similar thing.

                             Sincerely,

                                              R. B. HAYES.

  P. S. -- The President's message is applauded by all our good

Republicans. The only exception, if any, is taken to the San

Domingo project.

  HONORABLE JOHN A. BINGHAM.



                        COLUMBUS, OHIO, December 7, 1870.

  DEAR FOSTER: -- "Which I wish to remark and my language

is plain" that my friend General Hastings wants to be reap-

pointed Marshal in the Northern District. A better man can't

be found between the river and the lake. If you want to know

how daring and meritorious he was as a soldier, ask "Old

Whitey" who carried him under fire in about a hundred fights of

all sorts. "Old Whitey" is at Spiegel Grove, and "I shall not deny

what that name might imply."

  Help Hastings keep his place if you conscientiously can and

oblige,

                              Sincerely,

                                              R. B. HAYES.

  HONORABLE CHARLES FOSTER.

      Fostoria, Ohio.



                             COLUMBUS, December 11, 1870.

  DEAR UNCLE:--. . .  The President's message is good.  With

the exception of San Domingo, it is approved by all fair-minded

Republicans.

  Colonel George McCook, who has been much in England and

France lately, [says] that the Administration has built us up

vastly in those countries, and in Europe generally.  Washburne

[Minister to France], he says, has made Americans hold up

their heads by his courage and promptitude. That the recall of

Motley is just right. That he cares too much for his Euro-









             GOVERNOR OF OHIO--1870          123



pean reputation. That the English were in absolute alarm on

his recall.  This from a Democrat. . . .

                             Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                             COLUMBUS, December 16, 1870.

  DEAR UNCLE:--. . . I have got hold of an old document

(printed) giving a full account of Great-grandfather Hayes'

captivity for seven years among the Indians--1707 to 1714.

He was an active, cheerful, plucky fellow, and saved his life by it.

                              Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                             COLUMBUS, December 25, 1870.

  MY DEAR SIR: -- I am glad you feel hopeful about the com-

pletion of the herculean task you have undertaken. I am slowly

gathering the figures and facts concerning the Brattleboro branch

of the numerous family. I will not be able to get all, but I

already have about three-fourths of the multitudinous tribe and

can give you what I have on a fortnight's notice. . . .

  If I read your letter correctly, Judge [Guy Humphrey] Mc-

Master's mother was a sister of my grandmother. I would like

to see what he says of her. My grandmother was an uncommon

person. Her diaries and letters show talent and character. She

exhibited artistic genius also in her needlework.  She copied

from nature accurately in worsted-work flowers, leaves, shrubs,

etc., etc., and her industry was marvellous to the last days of her

long life.  If anything more than mere dry statistics go into

your work--more than the masculine titled officials who are

usually so honored.

                             Sincerely,

                                              R. B. HAYES.

  REV. L. SMITH.



  December 26, 1870.-- Birchard came home from Cornell to

spend Christmas vacation last Wednesday. Looks thin but

healthy and happy. Is grown but little. Much improved in









124          RUTHERFORD BIRCHARD HAYES



scholarship and fond of his student life.  We originally called

him Birchard, with no other Christian name. "Simple Birchard"

was our phrase about it.  When he grew large enough to know

that Uncle Birchard's Christian name was Sardis, he took that

name also.  Finding it was no more agreeable to Uncle than it

is to me, we asked him to drop it which he did a few weeks ago.

I now offered him for his choice as a middle name either of his

ancestral names, Scott, Cook, Austin, Russell, etc., etc.  He

chose Austin, the maiden name of my grandmother Birchard. So

Birchard Austin Hayes it shall be.

  Webb came Saturday evening, about 9 P. M., from Fremont,

fatter than ever before.  His cheerful, happy smile and good

looks are very pleasant to see.  He was named James Webb.

He is called Webb, and preferring another family name we agree

to drop the James and give him a middle letter, C for Cook.

So Webb C. Hayes it shall be.  My wife's grandfather was Isaac

Cook, a notably good and lovable man.

  Ruddy and little Fanny both at home. Fanny's happiness with

her presents was the happiness of the day.  A paper cap and

blue thin paper flowing robe, given her by her cousins Fanny and

Minnie Platt, was the occasion of uproarious fun as she rushed

and romped through the house.  Our excellent colored cook.

Winnie Monroe, and her Mary were of the happy circle.

  Birch has made good progress in German and his other studies.

Thus far Cornell fulfills my expectations.



                            COLUMBUS, December 27, 1870.

  DEAR UNCLE:-- . . .        As  to Birchie's name, it is not

of much consequence. I supposed you rather preferred a mid-

dle letter as I do. In any event the Christian name will remain

and be known as Birchard. The middle letter being usually

merely a letter. B. A. Hayes, or Birchard A. Hayes, looks well.

But you and he can fix [it] just as you prefer. Your father and

mother will leave no descendants of their name, so that Birchard

among all who have known you, means you, and nobody else.

                              Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.









             GOVERNOR OF OHIO--1870          125



                               COLUMBUS, December 29, 1870.

   DEAR HALSTEAD:--Is it safe to write an editor a private

note? I suppose it is in your case, and so I write, not for pub-

lication, the facts.

   I am not interfering. I was asked if General Schenck re-

signed before Christmas, if I thought there was time enough

for an election. I replied I thought there was. I was then

asked if the resignation was delayed until, I think, January 10.

I replied I thought not. This is the substance of it. I said

nothing until asked and in reply to questions.  I preferred of

course to have the resignation so there would be no question

as to my duty. If in my last reply to General Schenck this

appears, it may be misconstrued.  But the fact is, I did not

interfere.  I cared nothing at all about when or whether an

election was held. I preferred either that the resignation should

be so early or so late that no doubts could arise, and didn't care

which. -- Write me.             Sincerely,

                                                R. B. HAYES.

  P. S.-- My intention is to quit the struggle for political pro-

motion and at the end of my present term to go into private

life. I don't want to quit with friends accusing me of blind

partisanship. I don't want any friend to take back his uttered

opinions, but perhaps the fact here stated may influence the

expression of them.  Hence this P. S. -- H.

  MURAT HALSTEAD,

       EDITOR, Cincinnati Commercial.



                              COLUMBUS, December 30, 1870.

  SIR: -- I know Judge Ichabod Corwin well, and am acquainted

with his reputation as a lawyer, judge, and public man. He is a

gentleman of purity of character, sound judgment, and superior

talents. His legal learning and ability are of a high order, and

his qualifications for the office of judge are excellent in all re-

spects. He is a patriotic Republican, and possesses the confi-

dence of good men. His reputation is of the best sort and I

believe he deserves it.          Respectfully,

                                               R. B. HAYES.

  THE PRESIDENT.

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