Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-08-11


ance of protection for the witnesses who
might hold Offices at your disposal, from
injury in consequence ofgiying testimony;
but this is given in a form which they
will regard MS n threat, rather than an
assurance Of protection.
As no witness would he required to in
culpatc himself by his own testimony,
the condition annexed to your assurance,
that sit must not be construed ns afford
ing impunity for their own misconduct,
which the investigation might unfold"
could have no meaning that | can imas-
inc, unless intended for "a menace.
have also observed in your letter another
obstacle to any scrutiny before IA tribunal
of the district. 1t is stated by you that
"should any person he found To have
formed part of n recruited force to ell
gage in hostilities of any kind within the
precincts ofthe Department,o ,or elsewhere,
!. (yOu) will feel it to be (your) duty, in adj
dnion ~ the penalties Of the law, forth
with 10 dismiss the offender from public
service :" and in the next paragraph you
PREJUDICE and promusa tie acquI'ta' OF
the Acting Secretary Of " ar, ana oii-
ers" (ullegcd to have been charged by mel
of an offence whatever, having previous
'ly justified the officers whose rooms were
occupied for rendezvous, on the ground
that lit was your duty to he there and
that any body else had right to come
there" IL IL free and untrammeled in
vestigation had been gone into, as re-
qucsted, | had determined to call upon
you as the first witness. NOtwitlstand-
ing YOU say in your letter to Messrs.
Campbell, Smith, Lewis, and Randolph,
that "Mr. Ingham's letter." (rcccivcd by
(you) at nine o'clock on the morning Of
the 22d Of June) "gave (you) the first i'll
formation that (you) had on the subject
of his difficulties yet | risk nothing in
saying, that your examination, with the
other testimony in my power, would have
afforded ample proofofthc extraordinary
fact that you were well apprised Of what
was going on anterior to that date. The
feelings which governed you on this oc.
casion may be understood from the fact
that you have justified Major Eaton's
meditatcd assault upon me, and from the
declaration ofone ofyourdcvoted friends,
that, in a conversation he had with you
before the intended assault, you inform
ed him ofthc controversy between Major
Eaton and myself, and said, that "if
there was to be any more writing, it
would he in 'red ink"
i Your course, on this subject, is the
more extraordinary, and the more wor-
thy to he specially remarked nasmuch
as the persons principally interested are
known to be Of your most confidential
friends, and believed to he partakcrs of
/ your most secret councils; who were i'm
habits of daily intercourse and consulta-
ton with you. and whose devotion to your
wishes authorised the belief that they
would do nothing of importance against
+ your appreciation. OF the principal Of
fender II" notice is taken, rs ifthere was
no such person on the stage of action.
/ All the rest engaged, or supposed to have
been engaged in the intended assault, are
cOmpletcly cXcuIpated, and Il virtual am
ncsty given them, while the words Of
your letter appear guardedly arranged to
convey denunciaion Of 'the penalties
of the law" and dismission from Office,
against those who were armed in my de-
fence. 1t should be observed that your
denunciation of the penalties of the law
! q your Judgment of acqui tai in the Dis
trIct of Columbia, are not idle words.
All the juries who might be called to try
such offences, must be selected under
your own eye, and by an officer who
holds his office at your will /; in addition
to this, you hold the pardoning power in
! your own hands. Whoever has paid at
tentiOn 10 State trials cannot be inscnsi-
BILE to the effect of these powers.
4 am, therefore, now met with an un-
sought offer Of personal protection, while
l carry on public prosecution, in which
the witnesses | might offer are threaten
ed with the privation Of the means of sub
sistence for their families, and some with
the addition ofthe penalties of the law,as
punishment for their generous services
in my defence. How can l understand
such communication as expressing
desire for free, impartial, and untram-
meled investigation of truth, before a
tribunal of justice. 1T is any thing else
rather than this. If it had becn your
sole intention, in writing this letter, to
/ oe'eI the scFntihy purports 10 acqui-
csce in, it could not have been more cf-
|, fectually framed for its object for you
had judged rightly in supposing that I
would much rather suffer all the detri-
mcnt arising from the imputa,ion cast up
on me by your proceeding, than expose
to injury men who had offered to risk
their lives for mine. But you have left
me no choice in an appeal to n tribunal
of criminal jurisdiction. AT the same