The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-24

10 OK auV ing
inciiu1inas him" He did attend, with his counsel and
they aamined Witnesses
'fhe House committee acted towards him ia a similar
,pn His counsel attended lis siltlngs and cross
ined witnesses long as they thought III 10 do SO
There il then, gentlemen, nothing IN the scon OF this
government which subject j. to the mpulaiion Of
lis being consprasor against thls aeirnaans might
as well explain here you that when the Senate COM
tee proposed TO the defendant the arrangement of his
going Out 10 Mexico 10 point out his mines, il was
deemed proper that The executive branch Of The govern
angement Though the defendant, having gwen ball.
had right go TO Mexico or 10 any other country. at
his pleasure and though The President would not, aud
had mol the right 10 lnerpose any objection TO his doing
So yet the President ought not by any express assent
to make himself party 10 the proceeding And why !!
The President had Instituted this prosecution bail had
been given the hfs Indictment and part OF the funds
claimed by the defendant, and eDjoined by the United
States, had been set aside 10 indemnify The bail, the
conditions sci forth in President Fimores letter In
the other forgery case actual bail had been given
Was il obvious that il Gardiner should go to Mex
leo under arrangement with The Senate committee, if
the President of the United States any officer of the
executive government aching under authority from him,
should become patty to that arrangement; and IT. FUR
Their, the result OF the investigation IN Mexico should be
such to deter Gardiner from returning the United
States and it, in such condition OF things suit should
be instituted against his BAIL they having consented
TO his going, and their consent having been made
part OF any Of his proposonswas not, say, obvious
that the would have been placed predca
ment of suing the bail OF principal whose absence 1t
had caused consented TO No reply could have been
made TO such plea, and the United States would have
been turned out OF Their own court Therefore II
was tina, President Fillmore deemed it proper to say
while do not object TO the defendants going to Mex
ico anywhere else, tell you gentlemen OF the Senate
committee give no assent 10 IT, am not party 70 the
agreement" You perceive gentlemen, how papable is
the distinction The defendant, being ball. might go
to Mexico, or TO any other point in the universe, on
agreement with the Senate committee any else, or
agreement with anybody, but OF his own will and
peasure and he should fail 10 appear in court accord
ing TO The tenor of his recognzance the remedy against
the bail would remain perfect and unmpaired-Jus as
much il nothing bad been done by the Senate COM
mee. Bat ii the prosecution had become party 10 an
arrangement made without the consent OF the bail, II
would might lose liz remedy against the bail In that
posture OF the aia the President determined 10 send out
separate ageHt himself 10 collect further evidence Tor
the jury in regard to this caiman agent wholly distinct
and separate from agents going under an arrangement
between the Senate committee and The accused But
when the time for the defendant to co. according TO
his agreement with the Senate committee, he refused TO
60. He first pretended, by plain implication contained
his letter OF October g. 1852 TO the committee that the
18th Of September had been agreed the day OF his
departure Now The agreement was, you have seen,
that he should place himself at the disposition OF the
committee from the 18th of September" In that same
letter he says: ~ have been distinctly informed by the
District Attorney that he has nothing 10 do with this
Tangement, and must be prepared for my trial )" re-
ferring, II may be presumed TO some conversation be-
his counsel and the District Attorney. On the 7h OF
October be informed the committee that he was about
leaving for Mexico. The committee then made to HIM
the propositions which have been read to you and OF
which The singular liberay must have struck you most
perceptibly.-
On the following day, after consultation with his coun
sell he addressed letter TO the committee, stating his
readiness proceed il the committee would furnish him
in writing what he describes arrangement already
made by the committee with the district Attorney that
the trial should stand until the return OF the commits
SIGN stating Che adds) again, however, that if Mr. Buck
RkhAm Smith, Mr.. Sacum, DR.. Davis, the Mexican
witnesses any other person who has already taken
active part against me, 10 be of the party cannot
consent TO accompany it, but will proceed in my own
way as intended 10 de yesterday until received your
summons" Thus, not content with gong to Mexico
HIMSELF and taking with him friends TO act concurrenty
in point OF time and place, with the commissioners
the part OF the government, OF the United States he
gated the right OF vetong certain gentlemen whom the
committee might possibly appoint and any other person
who "has already taken an active part against" him he.
OF course TO be the judge OF what constituted the activity
the partsanshp" This was, substance claim to
lect the government agents. OF debating the government
whom should trust; and recognition of the claim
made condition OF his consent II any OF the lndivid
uals included BY name description in the denunciaion
"to be OF the party, cannot consent TO accompany it,"
The committee did not, It could not, hesitate for
instant in repeing this nsolent pretenson. in
dcted for perjury and forgery asks TO appoint the agents
who TO inquire into his conduct The sugges.
ton OF such proposition a conclusive commentary
on the sincerity Of the offer TO show the NINE The
Senate committee, OF course, refused il:
81 acknowledge says the chairman-"I acknowledge
the receipt OF the letter BY which you inform OF your
refusal to join the commission any~o the terms pro-
posed by the committee.
"ln reply, have to say that the commission will pro-
coed without you Mexico and upon the dscha
of their duties, under the Instructions Of the committee
Before the arrangement made by the Senate committee
with the defendant was thus brought TO a close, the
President had resolved sending agent sepa-
rate mission 10 Mexico in relation 10 The fraud BY his
direction, the District Attorney, the 9th OF October,
addressed 10 the defendant the communication which has
been read>to you, apprzng bin OF that purpose, and
making three propositions TO him The FIRST invited hun
Tho following Is the extract the journal Of the Sena
committee showing proceedings the 7h Of October
1852 had in the presence Of the defendant which read
10 the ury3
" DR.. Gardiner soou made his appearance. The chair
informed him that his letter had just been received
and with 1t the intelligence that he had left the city
yesterday, stated 10 the same that he wished him
be apprized OF the which the committee Intended
pursue in reference bis case la order that be might
Judge for himself what part behoovcd him in
cXion with IL that he would remark that the assertion
implied in his letter Of agreement entered into be.
tween him and the committee, fixing his departure
for the 18th OF September utterly unounded that the
entry in the record book Of the committee that he
should leave the 18Th of September, but that be
should place himself the disposuon OF the
mtec from that date that the commission with which
he TO proceed 10 Mexico prepared 10 de
part for New Orleans, where COVE vessel would
DO in readiness It's members, and proceed
Immediately 10 Mexico that be wished from
him whether when stating in bis letter that he lesv
ing yesterday he leaving Mexico, Ito
which Gardiner replied, that be meant IL so that II
such the case, he could have no better oppor-
tuny speedier means OF reaching his destination /;
that the committee had offered and offered him still,
now passage board of said vessel forth and back
travelling expenses aud safe conduct, with such pro
lection would secure him against being hndercd or In
tenercd with during bis journey TO and from Mexico that
he preferred remaining here he might send agent
agents his place. and that such agent agents would
also be received board of the government vessel and
won,d be admiuedt 20 Join the commission, and be free
from all expenses and be Afforded protection rendered
TO him personally that The object Of the committee
snod him opportunity oil watching his interest in