The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-04

ing obtained from the written reque TO be banished al
their hands and Al the instance OF these agents similar
paper sent 10 board, the object OF which, of
course, was 10 protect the company nom liability But
determined, If possible to avoid iening H. knew the
long been prostung the liberal charter of the
government by assisting TO kidnap and exile its citizens
In my they were about TO share in still higher and
upgTateul crime for they knew that only to
battle and def al the government which supported them
that to be kidnapped and put on board their ship.
Ii was without avail, however, that endeavored TO
avoid the signing of this paper told that If per.
sisted in my refusal would be taken back to the Com
miitee rooms and after berg secreted there awhile
shipped on sailing vessel to some distant
island the South or North Pacific from whence might
have chance to exicate myself for years. This
told me by Mr. I. J. Smiley, one Of the gentlemen who
accompanied in the carriage TO the ship and he ike
wise the time told me, in half nddentia tone.
that the same vesse Was 20 DC USED 70 transport Cnlei
Judge Terry. He added that 'sthe Committee would
them far that they would not be able get
10 Francisco during their term OF Office, and that all
who went in that vessel would land, unless
they in very big luck" AS Judge Murray has still
i've years to serve, and Judge Terry four could scarce
" misunderstood the fearful import of this threat
must take this opportunity 10 mention that learned,
in a few minutes afterwards, from another MON Der o.
Chief Justice had been issued by the Executive Con
II ttee and that he woad be brought down San Fran
confidential tore, and subsequently learned that the
Committee lad prepared basis for this high handed
proceeding by packing Grand Jury with Vigilance Com
nittee men, and getting indictment against Judge
Murray charge OF br berry. The alleged bribery,
informed, in the old case Of the Peter Smith
titles; and when l tell you that the decision in
wolves some thirty millions worth Of proper
~, and that the leading parties in the Vigilance
Com nittee have been striving for years to get
the decision reversed, you will understand the daring
nature OF this movement wish only to add 10 this po.
OF my statement that have not the least doubt that
Chief Justice Murray and Judge Terry are, this
men floating at large on the face Of the Pacific The
other Judge OF that supreme Court Judge Heydenied
has Just arrived here from Europe.
But 10 return 10 my individual While bordering
what course 10 pursue in relation to the paper sitter
ceving the warning hints from Mr.. Smiley, deputaon
Of my fierds, headed BY j. P. Hoge, Esq, and Judge
Sutherland who heard was 10 be sent away came on
board 10 see me; and the two above named gentlemen
ON beng informed OF my perplcxiiy advised me TO sign
the paper under protest. assuring me that II would not
comp omse my rights in any way they could testify
1t wrupg from me under duress Thus advised and
knowing them TO be sincere friends as well as able law
yers, sigLed the paper, and was then informed that
the Ccmmtee had no further claims upon me. Before
they en', however demanded Of three OF them-Myers
r. Irtctt j. Smiley and Charles L. Cascto state to my
icEcs then present that had never had Tia nor an
examination, and that charges had been preferred
aga did this to protect myself from being de-
famed, during my ence. by any pretended testimony
which they might assume was taken against me- inc
publication Of any language which they might
when the Committee men made answer to the
above inquiries, "what, Danish man without
accusation or giving him trial ~ One Of them nodded
his head. Then you have no charges against him ~
sad Of his friends "we have not made any" said
they. How then you justify such a this -
bis next Inquiry 1--WE not here to answer any
questions, was the answer, and they walked away.
In this mann er was sent froma city where bad
lived for eight years, without any OF the preparations
necessary tor my journey and obliged TO leave behind
thousands Of dollars due on books accounts &c
which accrued In my favor while engaged in the whole
sale liquor business the corner Of Clay Battery
streets which business pursued fer years at IS Water
street. IL this city.
my other California has been merchandising
various parts OF the state and specializing at intervals
ID snds The attempt made by some unpr ncipled nstru
OF the Vigilance Committee through the columns of
the New York Tribune TO stigmatse me gam Dler,
Tor the purpose OF creating a prejudice that might
bear the Committee in their acts and the writer knew
the charge 70 be utterly false and without foundation
when he made H.
Here ends, Sir my narrative of the events which
10 in person in connection with this Vigilance
Commit aud leave you and cool and discriminating
public TO decide upon it, merits
further responsibility. however, rests upon the
peops Of tie law ab ding States aad upon the govern
me which j. their agent. Not only has an insurrecton
becl Instituted against the State Of California but the
anG laws OF the general gov rnmen have been set
defiance and treated with contempt. This contempt
lot matter of insdvertencc but deliberate aud
oIcn perp racd Lot on any !anced sentiment or right
but Of piracy the high seas, and in
70 the suthorty 10 the great writ OF haJeds
rus If these are not oerces worthy OF national cogri
lance there is offence which they have ommitted
grave and fearful than them all and before the
nisthfs Of which the murders and individual outrages
penetrated by the Committee sink into comparative n
significance. | alude TO this outbreak as revolution
against the principle OF the elective franchise; and
'hins You viii agree with me, thai AZ. u be be
onous rebellion permitted 10 90 UNPUBLISHED, resist
with arms the assumption of fraud may be the
result almost every election 70 take place hereafter in
ccuLtry Never the President powerfully APP
called the protection Of the republican plan aud
mohs are TO be allowed TO 90 behind the returns Of In
sie,tors, and on q contemplate preext shut up the
shop 0 The state, the sooner we separate into strong
hui res ponEble governments, where aduGlca0ns are
held in daylight the better for the peace safety Of
AL do not think am exaggeraing the importance OF
this view Of the affair No election take place In this
any other country that l. not amenase to frauds;
and In this disappointed minority allowed 70
spposl 70 arms on the preext OF such frauds win ask
you hat effect the example would have upon election
by vote like that OF Marcus Morton 10 Massachusetts,
But II - not my purpose, sir toargue points merely
~t present facts and 10 you that danger Is
being bred IN San Francisco, which u no, promptly
checked, vigorously punished, will cost much misery
and biOodshed 10 the country nj large.
only desire 10 add that the oucry In relation 20 the
frauds upon the ballot box In san Francisco has been
very much exaggerated and that no evidence has been
thown that Of those fraudulent machines ever
uscd except 10 primary elections, contests In which poll.
iicisns generally think they have right to cheat each
other ~ much a. they Indeed these boxes could be
used IN no general election, where poll Let kept
ard i fact worth notice. that the particular box
which The Vigilance Committee have built up their pre-
NJ power found stuffed with primary ballots in
favor o. one Of the prominent members Of their body.
Finally, in closing this long statement may be i'm
proper 70 state that have always BEEN an active mem
Der the democratic party ~ SAn Francisco but stand
acof from all in putaon Of frauds Il the above descrip
ion. never having acted lspectr, csrk Judge OF
any lection either primary general while 10 Calitor
from the state IL therefore reduced 70 Their detcrm
Iacn tc DEFY the power and prece u United States
istrict Court and being here FOR that purpose
told self at the command Of the committees Con-
sress who have taken Up the investigation Of the mat
ter, for any testimony 10 my knowlefgs bearing the