The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-01

IHE NEW Expose IN THE FRENCH RAILROAD
FRAUDs-CoNsTERNATIoN AMONGST THE .CsvERN-
MINT OfFICIAIs.-The scene which took place on
Thursday last in the United States Commission
er's Court in connection with the alleged French
railroad frauds, has created good deal Of excite
mcnt and discussion, not only amongst the legal
profession, but amongst the public at large The
proceeding resorted to by Mr.. Busted, in forci-
bly, retaining possession Of letter of N. de Sar-
tiges produced by the opposite SIDE was of 80 I'M
usual character as to justify the conclusion that
the document in question was Of very impor-
tant character, and that he must have had grave
rcaFons for adopting the course that he did. His
conduct was nevertheless severely censured at
the moment-prematurely, we think, as it could
only be fairly judged of by reference to the pecu
liar circumstances in which he was placed. Were
the court in which this transaction occurred ju-
dcial one, and governed 10y the strict rules which
prescribe TO counsel the precise limits which
should restrain their action, this proceeding
would unquestionably have been an in
friDgement of legal propriety; but it as
sumes another character when We take into
account that the Commissioner. Court is a mere
court of inquiry, and without the requisite
powers to protect itself against any excess Of
zeal on the part Of the persons professionally
employed before it. Mr.. Busted, actuated by a
strong sense Of duty towards his clients, avsiled
himself Of this latitude to gain an important
point for them, and 70 designate his retention Of
the paper Of which be desired to obtain a COPY
as theft, is gross pcrversion Of terms. Two
Of our cotemporaries-the Tribune and the Courier
des Eiats Jnis-who adopted. in all its force. the
severe qualification applied to Mr. Busteeds con-
duct by Mr.. Joachimssen will in all probability
have to pay heavily for their temerity, for we
understand that that gentleman has already
commenced proceedings against both papers for
libel
When we come to examine the character Of
the documest which forms the subject of all this
controversy. We can at once appreciate the ne.
cessiy Of the course adopted by Mr. Busteed
in regard TO it, IL IL, in truth, q very important
paper, considered not merely in reference 10 this
particular case, but in relation 10 the conduct of
our government officials generally BY REFER
ing to our report Of Fridays proceedinrv our
readers will end that this letter from N. de Sar
tiees TO 81 de Nontholon affords the clesrest evi
dence that the Executive at Washington had de.
cidcd the case Of these Frcucb prisoners before
the latter had had any hearing in the matter. The
document is dated the LET of October. aud by
comparison Of dates with the proceedings, IL will
be seen that six days after the arrest of the FIRST
of the defendants, before the merits Of the case
were at all known, and contrary TO all law. all
Justice contrary even TO the spirit Of the extra.
di,ion treaty tself-tbc Executive, at the mere in
stance and representation of the French Minis.
ter, had decided the guilt and fate Of these pri-
soner, Well may Mr.. Busted be justified for
departing somewhat from the usual professional
course to obtain possession of this letter, and well
may the United States officials shrink from the
consequences Of IFS accidental exposure.
There will be but one opinion, we think, on
the conduct orour Executive in this matter The