The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-24

as they have occurred with me- and for which have
been uniusly arrested and Imprisoned and in which
| state sill remain, without knowing when shall
enjoy the liberty TO which am entitled, 10 enable me
to attend my business which is necessary to nam
| tain numerous family with that decency they merit
and who are looking up to me as an only support
would observe to your Excellency, that If am De
tanned here much longer, total ruin Of my Interests
| and my health must unavoidably, and 1 w"u,a
merely add that have lived 10 years IN TINS n'pup
lie and during the whole course of this 'ne' my con
duet has been above reproach, MISUNDERSTANDING Wv
| many and heavy misiorlunes that have atenueu ie'
| Your Excellency will observe that IN the foregoing
narration, have confined myseh P''"oipa"y -
! simple facts of my case. Permit he no" "e',
| with few explanatory remarks and inerences, V
which YOU will perceive that my unpardonape cI'ihe
and the heiJht of my offence IN the eyes oil TINS Gov
eminent is the fact that am an American c']en-
though glory be citizen of country whose u'N
| ernment Il a Government Of the people, ana whose
humbest citizens secured IN their just Ilshts anu
| dare in ake its benign protection.
II is not my desire even were II IN my power, 10
widen the breach which unhappy appears to he open
| ing bel ween this Republic and ours, through mlsfep
md mistaken ideas OF the authorities OF
this cuniry; but, in the sincerity OF my heart IL
would be my wish To close the rent, and 10 alay TINS
ponenticus luminosity.
But when gross injustice is inflicted ON my per-
sou, and my liberty taken from me, when my inle-
rests anu health are the brink of rum, by arbla-
ry and nconsderate acts OF tins Government, under
frivolous and unjust preenccs, by wtlch wan. ana
misery be inevitably entaled on vile anu help-
less chilJren-unless am promptly rlshted- II Is
solemn duty which owe, MT only 10 myself but to
This ail cled and deeply interested FANNY, To throw
mysi. under the protection OF the representative OF
my nation, though | am sensible OF the obstacles
which he will have to encounter, mol on me GROUND
of any want Of Justice my side but from the puma
prelude and torpid proceedings OF the au'hori'
ties OF Government, whote only fort Is equivoca'
and procras, alton, carried on under the sfe-
cious name of legal process and conformity To the
laws and whenever convenience requires they never
fail ~ disorl from their true intent meaning anu APP
pIcaton, their well asceriuncd maxims TO give the
appearance OF authority their most Illegal and ar
biiraTy acts.
Your Excelency will observe that every thing
has been done my part IN order to AVOID the ne
cessy Of making this application, being satisfied
that The justice OF my case vas so PLAIN that he who
runs ghl read" therefore had good reason to ex-
peci that the affair would have been speedily and Ia
vorably determined but II would appear that they
determined % make mountain out Of mole hui,
and TO construe an innocent act, dedicated only 10y
sense of humanity, into n great and prenieditaed
crime, that ii was The attempt on my part 10 furnish
the prisoners at st lago with the means OF escape,
from the petty circumstance of finding amongst the
things few pieces of rope and strips OF leather not
whstandlng the precautionary measures taken by me
by insisting the bundles being opened by the Off
of the guard, and subjected to their examination,
before they should be passed into the prisoners apart
ment Ii these ropes and feathers had even passed
into their possession, do not know OF what utility
they could have been TO them in OF attempt 10
escape, but presume from the situation OF the apart
| ments IN which they confined, (Which are on the
ground floor they could be OF 10 them Tor
such purpose, aud If such like assistance could be
OF use TO them in an occurrence OF that kind, they
could amply supply themselves from the materials IN
their possession, wthou being exposed 10 the risk Of
introducing them from without.
From the first day OF my arrest, many OF my kind
friends have exerted themselves in my behalf, and
done every thing in their power TO get my person
leased from this unjust confnement--oheiing ample
security for my appearance whenever 1t might be
qu red. Th has been repeatedly solicited both from
the Commandant General and the AUDITOR, Don
Manuel Z1z,ya, and as often peremptonly refused,
giving and my friends to understand that no move
ment whatever could be made on my pant until they
had returns from Vera Cruz respecting the persons
who delivered me the bundles in question: and after
| whom they had sent "erhorto" to hat place.
account oi this altar. This "ertorto, was inform
ed lett this city by the Diligence the I'd instant
an answer to which ought 10 have been returned
| lie 9th and although it is now the 18TH am told
no reply has yet been received. Bul in this
eaSS apI .upceTtan state OF suspense, would still
under the impression that two days could not
pass without the reception of the desired answer had
1t not been that this day the "Diario del Goberno" of
the lth inst accidentally came into my possession
by which perceive from the report of the captain Of
the Post of Vera Cruz, published therein that Messrs
| Laurence, Johnson and Guiiion, (the persons for
whom the ''efhorto" was sent at vera CTuZ rele-
renee my case) had sailed from that port the ID
instant the pilot boat William Byan-and still the
auhores here, who have cognizance of my case, pre-
tend they have answer In regard 10 the erhorto"
sent after those gentlemen am, therefore under the
Impression that this is only subteriuge, TO which
they resort in order to delay the termination OF my
| cause, and prevent me from being heard in my de-
fence. In the meantime am forced to lay dormant in
prison. and not permitted TO take single step
dcatton of myself; and unless your Excellency will
Ip mi N nilirtal h.
half, (Which have assurance from you will be done
whenever application is made Imay be kept here; IN
der this hiu,sy preext, as long the authorities OF
this Government may deem fl.
In conclusion, will observe, that from the con-
mencement of my arrest, have offered witnesses to
corroborate my Innocence, but this has been refused
me under the pretext that nothing further could be
done until the Comma ndant Genel al received an
from Vera Cruz in respect To the 'erhorio" yet
this is the fifteenth day of my solitary Imprisonment
and panied to say not the least advance has been
made in the progress OF my ! therefore no
alternative but 10 invoke the protection of your EA-
ceency under the fullest confidence that my petition
will be heard and seasonabe meas u taken for my
relief
| have the honor to be-
With great respect,
Your obedlent servant,
JOHN TOGNO.
To His EIcelency, PowHArAN ELLIS, Envoy Extra