American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-19

ICommuntcsxcdl
The Prssident, DE-. 0srdAnsx, 80.
To The Editors Of ths AmsricGH TslegrapA
GENTLEMEN: Your correspondent, sCom-
mentator," does well, so far as he goes, in
showing up the famous Gardiner case, and tho
doings Of the principal actors in it; but, upon
that subject,
= Much yet remains unsung"
Is it not an unprecedented and unhsard- of
act for the President Of the United States to
interpose his dictum between the law and q
person indicted for obtaining a vast sum Of
money out of the United States Treasury, by
fraud and perjury, and authorizing portion Of
the money alleged to have been thus obtained,
after it had been caveated, or attached, by the
Government to be used and set aside for the
bail of the individual thus indicted.
Why did President Fillmore do this thing
Is not the power thus exercised by him
usurped power! What right had he to inter-
pose his prerogative to change the usual cur
rent of the law, and pledge himself in advance
to provide bail for the person indicted for a
heinous criminal offence? Does not the law
require that a person arraigned before court,
for obtaining money by fraud and perjury,
shall give bail in twice the amount of the sum
he is charged with having thus fraudulently
obtained?
The charge Of the indictment against Dr.
Gardiner Is that he has, by fraud and perjury,
obtained $428, $50 out of the peoples treasury,
which he was not entitled to. President Fill
more tries at first, to be very indignant about
the matter, and hunts up and causes to be
caveated some $40, 900 Of the award deposited
with Corcoran and Riggs, and also, as it is pro-
claimed, some $4,000 Of the same award de-
posted with the Life Insurance and Trust Com
pany of New York. These two sums, if they
both exist, as the deposites of DR.. Gardner,
amount to $4,000 only. And this is all of
the award of $428,7 that the Government is
sure Of getting back, should the Gardiner Claim
prove to have been fraud
In this stage of proceedings, the President Of
the United States steps forward and declares
that enough of the deposited proceeds of the
from the caveat, and set off to secure the gen.
tleman going bail for the person indicted What
sort Of an unheard-of proceeding is this?
Why did not the President institute rigid in
quiry to ascertain where the remainder Of the
award had gone? Why did he not interpose
his prerogative to ascertain how much Of the
award had been paid out of the Treasury to
each Of the counsel, attorneys, and agents of
DR.. Gardiner? Why did he not ascertain whe-
ther said counsel, attorneys, and agents, were
not afraid to trust DR.. Gardiner with the whole
award from the Treasury, but took the precau-
ton to first get each power of attorney from
him to draw their fees and interest directly
from the Treasury? Why did he not interpose
his prerogative to have those large sums Of the
award raised by the counsel, attorneys, and
agents of DR.. Gardiner, caveated, as well as
the smaller amount which fell to the share Of
| the principal? II the whole award was OBJ
tanned by fraud and perjury, then was it not
the Presidents duty to seek to caveat all parts
of it, as well as the small part which fell to the
lot of DR.. Gardiner? Why did he not cayeat
the part received by Thomas Corwin, his Secre-
tary of the Treasury, whether it was nominally
only $50, 900, or in reality more than $120, 900?
Why did he not caveat the part received by
General Waddy Thompson, who purchased a
likely gang of some forty-nin negroes in Mary
land and took them to South Carolinaf
Why did he not caveat the parts received by
Mr. Robert Corwin, Major Lally, Edward Cur
tbs, and such others as were recipients of parts
of the award?
In fine, why did he not leave it with the we'll
paid counsel, attorneys, and agents to bail DR..
Gardiner, or not, as their consciences and their
purses might dictate?
But no, Mr.. President Fillmore must needs
step in and furnish bail for DR.. Gardiner, by
his own act and out of the small portion of the
great award which had been secured by caveat
1t uas "a humane arrangement to-
wards all who had shared in the award
o. P. @.