The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-17
Mr.. Benjamin TO Mr.. Hunton.

LOGAN HvNroN, ESQ.,, United States District At
torney
DEAR SIR: You ask me to state to YOU in writ
ing, my recollection of the reasons why Lopez was
not tried instead of Henderson in the matter of
the prosecutions known the Cuban prosec utions,
in which we we're colleagues in behalf of the Gov
eminent. The reason is very simple one. The
Judge refused to try any of the accused against
their consent until he had the assistance of an as.
sociate justice of the Supreme Court.
The facts, as they occurred were these: The
case had been transferred, under the law, from the
district to the circuit court. 1t was considered
important enough to make it very desirable that
judge of the Supreme Court should be present to
assist the district judge. When the time of trial
arrived, the district judge was alone holding the
SESSIONS OF the circuit court. Some of the accused
were pressing for trial, others dema nded a con-
tinuanoe. We insisted, on behalf Of the Govern
ment, that the trial should proceed against Lopez
His counsel Enormously contended for a continu-
ance. The judge decided that he would not try
Lopez until the circuit judge arrived. General
Henderson was amongst those who were clamor.
GUS for trial. He said that he was under bonds
which prevented his leaving the State, and that bis
personal interests would be greatly injured by de-
lay; that he was ready; were ready: and he
had right to trial.
Henderson ought to be tried; that we could make
out complete case against him; that he would be
unable to create any sympathy calculated to OBJ
struct the course Of justice because he could not
plead ignorance of the law, and because he had
not exposed his person to danger; that the ndct
ment against him must be sustained, or that it
would be idle to expect success against any Of the
accused
On the trial the facts go distinctly and
clearly proved, that General Henderson finally
admitted them to the jury in open court. These
facts showed him to have been the general coun-
seor and adviser of all the preparations, a
member of their council Of tcar, the person who
had provided the money to buy the steamer to
take them to Cuba; in word, as of the chiefs
of the entire movement
Three successive juries refused to convict, be-
cause, as is well known in New Orleans, the public
opinion at that time decided against punish.
ment for what was considered an effort to serve
the cause of human liberty. am not aware that.
prior TO Henderson's case, a prosecuting officer
ever went 30 far as TO put man three times on
trial for misdemsanor. On the lnst trial the jury
were eleven for acquittal against one for con-
viction.
The citizens, who were most desirous 10 see the !
la VS. vindicated and violation of them punished
felt that every possible effort had been made un-
successfully and were of opinion that any further
attempt would cause the accused TO be acquitted,
as victims Of persecution. We had no stronger
case to make out against any than VIC bad made
against Henderson,; md my deliberate conviction
then was (and in this agreed not only with you,
but with those citizens whose advice and opinions
were entitled TO the greatest rcspecD tina, it
our duty to enter noiie proseq,a against IIender
son; and that this fact alone would render impos-
sible conviction Of any of the others.
] have never seen the slightes. reason TO doubt |
the propriety Of that course, have ever heard
discussion on the subject. have written at more |
length than In,endcdj but perhaps it is better to
have gone into some detail for the satisfaction Of
those who not aware of all the facts
Yours, very truly,