The national Republican., 1861-03-21
THE FLOYD INDICTMENTS.

On Tuesday last, the two indictments pend
ing in the Criminal Court of this District
against J. B. Floyd, late Secretary Of War, were
both substantially disposed Of
Upon the indictment charging conspiracy
to cheat the Government, by means of the alb
straction of the Indian trust fund bonds, the
District Attorney entered a nolle prosequi, sta.
ting, as we understood him, that he did not
think the evidence implicated Floyd with Rus
sell and Bailey in that transaction.
The indictment, charging corrupt malfeas-
ance in Office, based as we understand, upon
the acceptances given BY Floyd to Russell, Ma
iors, Il Co., was submitted to the court on an
agreed statement of facts, setting forth that
Floyd was examined by the late investigating
committee Of the House, in reference to the
same facts upon which the indictment is based.
His honor, Judge Crawford, took the case un.
der advisement, but, as the defence is precisely
the same as that upon which Russell was dis
charged there can be no doubt that the same
result will follow.
And so Russell and Floyd both escape, not
punishment merely, but even a trial, on the
technical ground of having been examined as
witnesses before said committee. 1t has been
boastingly proclaimed by Floyd and his friends
that he would scorn to avail himself Of this de-
fence; that he would meet the charges against
him boldly, and submit to q fair trial upon the
merits. But when it comes to the pinch, he is
as ready to accept the accidental advantages
Of his position, as his friend Russell was. The
declaration Of his counsel, in placing his defence
upon this ground, that he did it "upon his own
responsibility, and without consulting any one,"
will go for what it is worth. Why did Floyd
permit his counsel to assume that "responsi.
bity," il, as he has pretended, he was willing
to stand fair trial upon the merits?
In submitting this case to the court, Floyd's
counsel intimated that the indictment could
not be sustained, for want of jurisdiction in the
court to try high Federal officer on n charge
OF malCeasancc in Office. To this, however, the
julge very promptly replied, that he entertained
no doubt Of the power Of the court to try Sec.
retary Of War, or any other Federal officer, how.
ever high on such a charge, provided the NAL.
feasance were alleged to be corrupt.
If the opinion expressed by Judge Crawford
be correct, as we think it is that heads of De.
partments located here are answerable in the
Criminal Court of this District for corrupt NAL.
feasancc in Office, responsible duty is imposed
upon the District Attorney and the grand juries
which ought not to be ignored. We trust there
will seldom be occasion for an exercise of this
| jurisdiction, but the administration of the War
Department by Governor Floyd has furnished
many cases that ought to be, and we hope will
be, fully investigated in the Criminal Court
His examination before the investigating com.
mittee only protects him in cases founded upon
the abstraction Of the trust fund bonds, and the
acceptances issued by him to Russell, MAJ ors
4 Co. 1t will not shield him from criminal re
sponsibIity in numerous other cases Of corrupt
peculation, which we believe can be fully proved
against him. His administration of the Wal
Department was a system Of robbery and plum
der from the beginning, and, in many cases, he
failed to cover his tracks with the skill usual to
men engaged in such practices. Let his con
duct be fully investigated by the grand jury, and
we predict that there will be indictments found
against him that will stick.