The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-20

udiciay to appear in the case of homicide which had
witnessed still offered TO testify TO the truth at the De
partment Of State in presence of all such you
might deem expeden necessary TO have in attend
anoe and that touching your verbal inquiry, whether
would testify under OATH answered that although per-
sonay had objection to do so, could not, however
authority which subsequently informed you had ap
piled for for the purpose Of eyncng desire TO be agree
able YOU when had that the matter to go 10
the criminal court for the session in June and that the in
teyening tine might allow to receive instructions from
my government at or about that period.
The morning mail has Just brought these instructions to
me and hasten TO communicate their import TO you.
That import is that the Minister for the Foreign Affairs
of the Netherlands after soliciting the orders of the King
authorizes me- the part his Majesty make my decls
ration under oath at the Department of State adding that
IL is understood that such OCCASION mention is
to be made of crossexaminaton, to which could not
subject myself
His exceency nstructs me- the act of communicating
this decision you to remark that has been taken with the
exclusive view Of giving TO the government Of the United
States substantial proof that the government of the
Netherlands although held to obligation in this mat
ter and expressly rcservng its rights and its freedom of
action in future Is nevertheless and through good will
towards the OF the United States disposed to
do all that feasible in this peculiar circumstance to
sist the judges in their ministry.
You win therefore be pleased Mr. Secretary of State, to
Inform whether the American government will accept
my declaration in the matter, and in the after
which am by my government authorized 10 make H.
In that event would be Obliged to you, could it be
arranged that might make it during the Of the
suing week. am quite ang in consequence of the heat
and have for the last eight days been under treatment
that my medical adviser urges change of air and trip TO
Be pleased accept Mr. Secretary of State the
assurance OF my high consideration.
Hon. w. L. MARCY,
Secretary Of State of the United States
Mr.. Ndrey 10 Mr.. Dubois.
DEPARTMENT OF STATE,
Washington, June 20, 1856.
c. x
which appears that you authorized by your govern
ment to make your declaration under OATH at the Depart
ment Of State to what You in the unfortunate affair
Wizards Hotel few months ago, but you not
allowed as understand YOU to submit yourself to
examination
The President does doubt that his Majesty the King
Of the Netherlands is disposed to do all that is feasible
obstacles the way Of the administration of
na justice. presume, however, that his Majesty not
aware when he fixed the conditions which your deca-
ration might be made that under system of admins
ering in criminal cases. such declaration could not
be admitted competent evidence The accused has
right to have the witnesses against him brought into
court and to be subjected to crossexamination. The
presence Of the witness in court and the privilege Of full
REORGANIZATION only be waived by the accused
Where the testimony likely to be against him. he would
not, OF course, make such waiver.
Your declaration made in this department under oath
could not be used the trial of Mr. Herbert nor could
the testimony of any witness be received if given in
open court in either civil criminal prosecution, the
right of examination withheld In this respect
the law of this country is like that of Great Britain and
presume 1t does not differ from the law OF most other
The oath administered to the witness lays him
under the obligation not only to tell the truth but the
whole truth Without crossexaminaton the latter might
be obtained however fair and upright may be the wit
His judgment might in regard to what facts and
circumstances material or immaterial in the case
The conditions imposed by your government viii neces
sariy deprive the United States of your testimony the
trial in most important case.
shall submit your note tie prosecuting attorney Of
the United States. Should he think that any b.
made of your declaration taken in the way proposed
and desire to have it. will notify you of the fact
| as shall receive his reply.
Be pleased to accept sir the assurances Of my high cor
sideration. w. /. MARCY.
| H. G. DUBoIs, esq &C. &c