The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-16
THE sovm1r DsoSls Iusistss.

tus bUUWtI UhUkew bVSDUkyS.
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The case OF Hawisy d. Clapp, new Csus
Aned IN Fort Lafayetts. ~,
70 TIE EDITOR on TEE azaAlp, ~
Al the friend and counsel Of HawlsS b 0aps. Shs =
now confined in Fort Lafayette, deem my duty q y
ID mot In condition 70 speak for himself 70 cau Ne q
tention OF the public to facts In relation 70 nh al
gal, upjustaabe and arbitrary arrest but jurt that
this should be done to counterfeit the highly coosd and
inhammatory denuuciatons contained In ths letter q
General Dix the Hon. Charles J. Folgsr Chairman q
the Senate Judiciary Committee, OF the 1lth Of April
instant
That General Dix s honest sincere and jealous in what
he considers his duty am too wei satisfied Of 70 contro
vert but that he 10 mistaken In the facts regards NJ
Capp that he has exceeded the authority conferred upos
him In making the arrest; that there law 10 justify
IL or facts warrant it, are proportions too
clear for argument. The facts, as they win soon be
developed trial where he can DO heard In his own
behalf viii fully sustain the above Statements unless all
law is set at defiance, and military power sweeps away
all those safeguards which have heretofore (untl within
the last few month protected the property and liberty
OF the citizen
Since the commencement OF this unfortunate war Mr..
Clapp has been strong Union and warm supporter
OF all the of the government. that which
deprived the citizen Of the nestmabe right VI the benefit
Of the writ OF habeas corpus. He s Q man Of large
means, accumulated by life Of industry. He was the
Senatorial candidate for the Ninth Senatorial district Of
the Union party at the late election An order for The
Of Mr. Capp issued by General Dix on the lad
day OF February last predcated upon rumors and susp
cions shortly after the arrest called upon Gen. Dix, and
told him that my client ready and willing 10 disclose,
under oah all the knowledge be had 10 relation to facts
connected with recruiting Lafayette Hail. also stated
that in my interview with Mr.. capp he had Informed
me that he had knowledge that would mpicarc any
in the frauds alleged have been perpetrated there;
that the only knowledge he had the subject be OBJ
tanned fom the public prints and public offered
bail such should be perfectly satisfactory asked for
hearing and expressed my OPINION his counsel thai
such hearing would change the opinion Of General Dix,
and result in my clients dscharge-an opinion which
| still entertain. The requests were not granted.
| To this day neither Mr. Clapp nor his counsel
knows OF any specific charge against him. and neither
| the report to the War Department that 10 the
Hon. Mr. Toger contains such charge all tho facts
stated in the report and In the letter were embodied 10
affidavit and application for order OF arrest APP
piled predicated thereon Judge CT State federal
would grant the order All that is stated by Gen.
Dix might be true and yet Mr. Clapp be entirely ignorant
OF any participation in the frauds His opinion a. 10 Mr.
Capps completely not constitute him guilty. or lay
| the foundation for arrest.
That frauds were perpetraed recruits al Lafayette
Hail. and every other section Of the country where re-
crutng has been going are facts about which there
| be controversy. These frauds, TO greater or
lesser extent always have been and always will be per-
petrated. Occasionally at Lafayette Hall they wers
| detected, and when they were General Spinola
promptly caused the arrest OF the perperator, and
| compelled him to dsgcrge his nlgotten gains.
| Recruits were brought to Lafayette Hall from every
eection OF the country. This was encouraged by the
Board Of SUPERVISOR They allowed the runners 70 mako
their barganswith the recruit they had perfect
right to do The object to got the mon az speedily
possible. They using city money, and not gov
money, for that purpose; and with ito payment
and manner Of distribution government or government
officials had right Interfere Mr.. Ciapp had nothing
to do with procuring these recruits He had ntthipg "a
do with their examination. When they had passed The
ordeal and presented the papers showing that fact 70
him. he paid to the recruit the Of three hundred do
ars yet in the or these facts, which General
spinola or other oacers engaged ID recruiting al
place, person reading his letter to the Hon. Mr. Fogey
would suppose Mr.. Capp was responsible for al we
| frauds that were perpetrated. s.,
4 As the money dsbursed the money Of the city,
by any In its distribution DO defrauded The fseS
that man eniss and becomes . soldier does not de-
him Of none Of his cv rights except those he vounarr
surrenders by the terms OF his military engagement
In other words, not constituted his guardian IN rcatiod
10 his private contracts. or in relation 70 private raudf
Conceding that frauds were perpc,ratsd upon the ~
cruis, taat they were syinded out Of their money h
was in position where here he night have been guilty 3
oasns nes Q p sanctioned q scisrsisa q ! I'D
the protection OF personal liberty.
One Of the most significant facts to rsps the presupI
money received ~ the brokers was rscsived from sSs
Supervisors II was not paid III any unless upon thQ
il. General Dix says he has collected about $40 600
Marshal Murray has been equally zeaous for he has cs
who obtained the money iron The recruits afs
they had received Il from the brokers, and In large
ps as a %
IN the Office CT the Comptroller. Not In single case waa
oa soss known Marshall Murray
know full wen no would have secured the evidence YA
me ss g as sS facts General Ssn. Dill By %
eipal recipient Of 100000 obtained BY BY fraud.
recruits were perpetated aor they Their
money from the brokers' and, without gross perjury
@ 30
enty. is upiust to hold him responsible for wrongs
done by others ~ Unjust to brand him in the public
prints unworthy member OF society. Above all IL
Is unjust TO deny him the benefit OF speedy trial BY
The sixth article Of the amended consultation Of tho
right been accorded 70 him could have shown his in
nocence well before his incarceration a. a the present
tme and been honorasy discharged.
General Dix says:-"As the money WAS paid into nip
Is as have before stated Mr. Capp could NOT have rs
ceived dollar or tho money from the SUPERVISORS
he had not furnished evidence that ho had paid 70 the
Upon ns principle q reasoning y: goysrn%sss
employees and the employees should afterwards BE- robbed
swndsd out Of their money, the dsbursiag oseg,
hayipg be9 tRe money 10 "his bands ought 70 y hsA
accountable As:ewrsss9{ttA. - -1s -
process Of military arrest that these fraudulent Sanea0
tons cso be reached II they are brought INTO the civ
courts all remedy 10 hopeless Tho recruits The only
witnesses, and the sxgsncies Of the country win MOI
permit them 70 be kept from The esdn yhe shessose
reflection upon our OWL courts rs eleddfIyE .f!r&
no man, BY oar cQpl,Qtien, or By The ia1s u ~ cIv
lied government, can b 9dsnned unhsasd. As has
cessty OF convenience or exgency, legally deprive
him OF that right Second the testimony OF IN YccYuO