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


II is as follows;
M "JuLY 80, 1851.
have reflected your verbal request. in behalf Of
Dr. Gardiner that he should, in be will come hero
and submit himself TO trial upon the indictment found
against hun, be permitted 10 much Oi the money
received IRON the gov rnmen on his claim against Mex-
co as may DC necessary 10 indemnify his bail and 80
no oblecon 10 the request being granted il the money
DC deposited IA some safe place. the credit Of the Sec
retafy OF HE Treasury, under stipulation should
remain on deposit Until Dr. Gardiner be tried and acQut
!ed q convicted, unless he shall The time forfeit
his ball. IN which il shall be paid over to satisfy bis
own fecognzance and that OF hs hail but in case OF his
acquliia shall be returned him, TO hold hy The sam0
right, and no other as if the ageenen, had NOT been
made.
II am truly yours,
"Mr CARLISLE
The proposition, then, ID made by The defendant him.
sell. or BY his counsel acting under his hoIi,y. il 10
proposition on his part 10 come htler and sand his
trial on condliions and those conditions complied
with By nnheadof novelty IN The history OF GRIM
nai prosecutions, this conspiring government Of the
United States actually did what in substance made them
the bail OF the accused They had by injunction laid
hands on all OF this fund which the defendant far
could be asceained. had not pu OF po,
control-On nearly 100000 deposited with COrc0ran &
Riggs, OF this city, ana $l30 900 with the New York
Lille INSURANCE ana TIms Company and they consented
lnal poon OF I, should be sci aside to indemnify the
detenddnts bail, IN the event OF his coming home and
standing hls al. Whatever may he said Of the policy
oil thai arrangement The part of the government, no
human being pretend that IT looked like oppression
Then, gentlemen The defendant came h,her under that
arrangement. proposed by himself, OF which the terms
are stated IN iha, letter. TO subnl bnsef 10 trial on
on the 1911 oi July 1891 Tns The indictment which
you are irying There being Witnesses here on the
part OF lhe United States, or not enough 10 maintain tho
prosecution he became clao0us for trial. anA the gov
ernmet was placed IN the position oil defendant, fight
ins oil the trial. until il conld get its witnesses OF
coaFse, IN order 10 DO that, much time required.
According to the theory OF tile pros secuton. this
was fraud wAich bad been concocted in dis
tan. land-a fraud which had required the concerted
acilon uf numerous agents-a frauu which had taken
much tune labor, and asuene.s to abricaie. Evidence
had To be eo0ghl out not only in foreign country, but
10 country hose recent relations 10 The United Siates
bad produced feeling unpropiiious u the probability OF
promptly obtaining there The facilities necessary for the
inv vestgaon TIE ranking feeling of resentment in
conquered Toe Was circumstance unavoabe 10 the OBJ
Jc was necessary, IA The hst instance, for the gov
eminent 10 ascertain Wnat II could 10 bring wit
nes.es 70 the Uue States without first knowing what
they could prove, and whether they were reliable,
Hom distance OF between 1000 and 1900 m!es. and
expense, would been mode OF pro-
ceedins wholly 'ndetensioe. was deemed proper for
tue government 10 send out agent 10 ascertain what
coui he proved. that agent sent ont pfOmalIy,
and he acted promptly, lie returned, bringing sNiih
& nm Tue h sat an o. his aooFs & &C. tam Msa s.nnooy
amiaed; and then Il became The daty OF the govern-
ment IL obtain, II 1t could, The attendance Of such
Ut The aitd1ts and OF Witnesses named hY
tie agent were deeasi important TO prove the case
OF the prosec uuon; Tor. gentlemen, this government.
which has been described strong. had powero
compel ite attendance o WITNESSES iron oTean
n.y. They could only be got here by persua-onby ap-
peas 10 tei OF justice, aud BY the that
they should sustain loss BY leaving their business
After so0e delay and dhculiy witnesses obtained
They arrived here IN jane 1852; aud then the govern.
ment prepared tor The which you now Try
ng bu, the defendant, who had al ways been ready be-
foe, suddenly became uneady Some OF The Witnesses
who came hhcr, after inspecting The papers filed by the
defendant in support OF his cian pronounced them TO
be fogees We kuew before. if the clam was 4 false
one that the papers must have been either forged puF-
chased tst IT the signatures TO the papefs gena-
Inc. they had been fabricated BY some bfbed official but
did not know What kind OF fraud hal been committed,
and therefore, when the matter came before the grand
jury. their consideration confined TO the memorial
falsely sworn 10, and ber action 10 6ndng the indict
meut which IS now trying The Witnesses who declared
OF the papers 10 be iogeries the grand
jury, and the 81 OF July, 1852. the grand jary made
pre- sentiment against The defendant for f,rgery Ga this
presentnen Indictment subsequently, found The
defendant held to bail the charge OF forgery. X
was then complained o, as II is now, that bail was de-
manded Aud 1t has been iufther stated 10 the Jury
that bail IN the sum Of hundred thousand dol
lars demanded. The prosecuting officers asked for
ball. lhlnk, 10 the amount OF $4,000; but DO not re-
member The precise sun Oae bundsed thousand dollars
would not he loo high tor The offence.
The CouRr. think il was 100000; but may be
mistaken.
MI MAY The largest amount OF bail 10 secure the
man was insisted upon.
The DISTRICT ATTORNEY. ! am content to say $780,
900. la naming the amount o bail acted upon my re.
sponsIby. The court thought differently from and
acting upon lis responsibility, reduced the bail TO $40 900.
An attempt made before the court at that lime 10
show thai the defendant ought not 10 bs held to bail At
then referred to- and this forgery matter was said 10 90
the same Transaction. The court IN holding him to ball.
oyeuued that objection, the President OF the United
States was appealed TO- and the agreement was invoked
The Presidents letter OF 7h july 1854. has been read to
YOU, n which be refuses 10 dispense with bail-a letter
said from the Department OF STATE. II was PROF.
deni Fllmores letter. but according 10 Official usage was
written and signed by he acting Secretary OF State
expected by the people Of this country that the Pres
dent OF the Uoted States Is TO have the time, there
were no other objection espond directly with every
body who has public bnsiness with him. He acts through
the executive departments; aud why these
executive departments created is, that they may dis
charge under the Presidents direction certain executive
functions Presiden, Fillmore says, substance, In This
letter: .No, gentlemen, II is not the same uansAcsion
il is another maier and the defendant mus, be held 10
bail" And he held 10 bal. The same transaction!
Suppose defendant had in the fnTihera.ce oe his
fraud killed a man would il be pretended, u be were
indicted for MURDER that he ought not to be held 10 hail
the connected with the fraud, and
was therefore the iansactionl Surely not. Yet
,he principle the The offence OF forgery
more properly said, let the Lave take s But, gen.
o holding the defendant hail. b psse.
cuton not, the of President Fill nore becasse
he approved and ratified that sc, and sas,aned the prin
clpe which it done and tnwt being 20, what he
comes OF the hslloS praises which the learned counsel
on the other side have showered upon him He does
not desire such applause. He 10 willing take his full
share OF the responsibility oi this whole Transaction He
ready 10 appear before you witness; and at one
time il seemed probable that we might call him.
Well, gentlemen much for the executive BRANCH of
this government the subject OF conspiracy, NOV
Iotk at Other branches ID you nnd anything 10
the conduct OF the committee or Inc House COM
itee whose action has been The theme OF oppr0bnum 20
often before you which shows that shsy were conspnx
1la- - -~sas a 40