The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-13
Colonel Whitley Recommends the
Pardon of Eighteen.
Astonishing Frauds in the Texas Quar-
termaster'S Department.
FRED DOUGLASS NOT INsULTED.
The Japs Return Thanks for Amer.
lean Hospitality.

WASHINGTON Auguss IL, 1879.
Colonel Whitlcy's Report ON the Ku Klux
Prisoners - Eighteen Pardons &aecOm-
mended.
COl0nef H. @. Whitley, Chief OF the Secret Service
Division, who at the request Of the Attorney Gen.
eral recently visited the Albany Penitentiary for
the purpose OF reporting the names OF such OF the
Ku Klux prisoners as, in his Judgment, are worthy
OF executive clemency, has submitted his report to
Attorney General Williams, and 1t covers eight
pages OF legal cap, closely written. and gives gen.
eral account or the condition of the political prls
oners confined at Albany.
Gerrit Smith was first induced to visit Albany by
the representation that there were among the Ku
Klux prisoners some whose cases deserved imme-
date attention. He saw proper to recommend to
the President only three names-Hezekiah Porter,
who died recently; Samuel G. Brown, of York, York
county. and David Collins OF Spartanburg, 8. @.
Porter was wasting with disease when Mr.. Smith
visited the Penitentiary two weeks ago. and he saw
that he must soon die. His pardon, he said would
only be o humane act. The cases OF Mr.. Brown, an
intelligent old gentleman, highly respected in the
county in which he lived, and David Collins, an
tIiiterate, supplemented man, struck Mr.. Smith as
such as could be safely recommended for Executive
clemency.
1t had also been represented to the President
that there were others confined at Albany equally
amenablc to pardon. In order to get at the facts 1t
was necessary to send some responsible person
who could not be easily imposed upon by the re-
ctal OF the prisoners stories. Colonel Whitley
selected as best qualified for the task. He knew
somewhat of the history OF all the cases. and his
line of duty, 1t was thought required him to deal
justly with all classes, while he could not be easily
deceived. 1t was deemed that the President could
safely rely upon his recommendations
Colonel Whitley reports against the pardon OF
Brown, believing the evidence and his own
confession the best reason for so doing He
reports in favor of the pardon of Collins
ana seventeen other cases analogous 60 his
own. In the remaining forty-stx cases Colonel
Whitley makes no recommendation. While
some OF them are men Of intelligence; like
Shotwell, whom Mr.. Smith believed to be deserving
OF the punishment adjudged against him, and
Brown, whom he recommends for pardon others
are ignorant men, yet quite capable OF mature
judgment upon their acts and whose completely In
the midnight raids and 0utrages is not only well
established, but is justly to be regarded as
wilful defiance OF law and order or
voluntary participation with leading
Offenders. Colonel Whitley could not see
his way to any recommendation in behalf Of these
prisoners that would not apply itself to the cases
of ALL and he therefore confined himself to those
for doubt OF the moral responsibility of the cuprits
for their acts, and where it was reasonably sup
possible that fear and the influence OF superors were
largely responsible Tor the offences committed.
The report will be handed to the President by
Attorney General Williams when the former returns
to Washington and 10 Is understood that II will be
Immediately followed by the release OF the prisoners
recommended for pardon. The friends OF Mr..
Brown will exert themselves in his behalf. The
commentators Of prominent republicans are In his
| favor. Notwithstanding Colonel whitley's state.
ment to the contrary, AMI they will urge his pardon
on the ground that he never took an active part in
the organization, and his only reason for attending
the meetings was OF personal nature and not Il
| injure anybody. The report OF Colonel Whitley Il
regarded by the Attorney General as entirely salts
factory but he Is willing to receive statements IL
| favor OF the pardon OF others.
Extensive Frauds I'm tho Qunrtermas 9.
ter's Department I'm Tcxas-An Inquiry
Ordered.
The War Department through the Department,
OF Justice has referred to the United States Dis
trict Attorney for western Texas for the insttu
| ton OF criminal proceedings under the statutes
| relating to frauds upon the United States The
papers in the case OF II. J. Thompson, OF Jacks
| borough, Texas, who presented claim for 800
trees, alleged to have been cut and used by officers
| OF the United States In the construction OF For
| Richardson, one Of the large military posts estab
| lished to protect the northern boundary of the
| State from incursions of Indians located in the
Indian Territory. The claim was for $4,000, ant
| had the certificate and approval OF various
military officials In the Department Of Texas, In
Guiding that Of General James A. Ekin, the chile
Quartermaster; but Quartermaster General Meigs
who had but just returned from tour OF inspection
of the Texan posts, declared the claim 10 be in
iqutous at once and refused to allow IL to be paid
until 1t had been specially investigated and reported
on by board OF survey appointed from the roster
OF officers on duty at the post This board, to the
astonishment Of the Quartermaster General, re-
ported the claim 10 be correct and Just and recon-
mendcd Its payment, which recommendation was
endorsed by Chief Quartcrmaster Ekln, who added
warm eulogum OF the personal ana official in
tegrity of General Oakes the Post Commander, who
had joined IN approving the claim.
General Meigs, who knew approximately the
quantity OF timber used in the post and the value
OF standing timber In that part OF Texas, was OBJ
stinate in resisting the efforts made to secure the
payment Of the award, and at his suggestion the
War Department sent Inspector General Absalom
Baird TO make . personal investigation into the
whole affair. That officer has reported that the