The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
General John c. Fremont Explains His
Relations with the Road.
Not Responsible for French
Misrepresentation.
Condemned in a French Court IN
Default, but Not Notified.
the FRENCH AGENTS the CULPRITS.

The atten ton OF the public has been vehementy
called to proceedings against me now pending in a
French Court This compels me to ask attention
to some statements, which must necessarily be
brief 10 keep within the space can properly ask
from the newspapers. AT the same time 1t is diff
cult, with justice to myself to treat justly in this
way the transactions of several years and meet
the loose, comprehensive and ignsrant charges
made against me. am obliged to say against
me,r for the reason that, although there are
many others against whom the action Is pending,
and all of these French citizens, my name was the
only one given to the public These charges are,
In fact, that the Memphis, Ell Paso and Pacific Rail-
road Company represented fraudulent enterprise,
and tnat its securities were consequently worthless;
that fraudulent Misrepresentation were made to
effect the sale Of these securities in France, and
that l, President OF the road, was concerned in
and responsible for these transactions. Cable
dispatches to our newspapers further say that
when cited to answer the French Court failed to
appear. In making me the prominent figure on
(which to throw all the responsibility the articles
of accusation style me the President OF the road
1 was not President of the road until January !,
1870. These transactions were in the Spring of
1862 and
NO SUMMONS HAS BEEN SENT TO ME
to appear before the tribunal. All my knowledge
regarding this trial from private and wholly
unofficial sources.
The accusations now before the Court were pub
lished and violently agitated in the Paris news
papers in 1869, Immediately following the placing
OF the company's bonds on the French market, IN
March. In June went to Paris, and during the
four months remained there Iset out in published
letters pamphlets and newspapers the character
and condition OF the Memphis and FL Paso Com.
pany and of its securities, and actions were
brought against the newspapers and individuals
most active in attacking the company. And again,
three years ago, these accusations were brought
before the Senate by the Committee on Pacific
Railroads with the greatest weight that
could be given them. The chairman OF
the committee Mr.. Howard of Michigan
(repubhcan) was fully on the side OF the accusers
openly aided by the American Legation at Paris and
1t occupied the attention of the Senate for several
months. The question was finally closed on the
passage in the Senate of the Texas Pacific Railroad
bill the continuation of the Memphis and Ell Paso
by debate which continued three evenings going
tate into the night The debate on the direct
proposition by MI. Howard that my name should
be struck from the list of cOrpOrators in my own
measure, upon the ground that the Memphis and
Ell Paso Company, of which was then President,
had injured American credit abroad.
MALICIOUS AND UNsUsTAINED CHARGES.
The ground taken In opposition to Mr. Howard
was that the charges against me were malicious
and unsustaned, and that my name should not
only remain on the list but be placed at
Its head; and on this issue 1
tanned by the nearly unanimous vote OF the
Senate. Following the searching investigation OF
the session. this unanimous approving vote OF the
Senate hold as one of the most valued hOnors Of
nv life. These attacks were made in a way could
meet, and they Jailed whenever they were brought
to the test ofinvestigation They did not prevent
the contamination OF the Southern Pacific Railroad
measures. Congress passed the charter by an
almost unanimous vote, Notwithstanding the most
elaborate and venomOus assaults, at the time
when railway grants were scrutinized with the
utmost possible severity, and after every TACT con-
nected with this measure had been fully ventilated.
Last Fall l learned from private sources
at once before the French criminal courts
against certain French citizens who had been en-
tlating the cOmpany's bonds, and that 1t was in
tended to involve me in these proceedings.
tigate and take whatever steps might be necessary
and who engaged most eminent counsel Tor the
Mr. Alion the counsel engaged after inquiry In
the proper quarter ascertaned from authority
that the would not be taken up until after the
arrival OF one of the chief persons complained
against, aud who was expected to reach Paris in
December and who could be interrogated. Mr..
Alton was positive in his opinion that no proceed
ings could be taken against me without due notice,
and the was lett In his care, with the under
standing that all notices and Information that
This was in November. On February the Wash
ington letter of leading New York journal con-
tanned notice cOnspicuOusly headed by my name,
and given as 'relably informed nom the French
legation" to the effect that myself and others had
nal Court; that General Fremont would be con-
demned by default to appear" but that the law
gave year in which to reopen the case.
CONDEMNED BY DEFAULT.
This programme has been carried out. Ihave
not been notified, and have been condemned by
default for falling to appear. But up to this time
my counsel in Paris had been unable to obtain any
Information.
On the 18th February received from Mr. Alton
tive kilograms. From the first learned that had
been cited 10 appear before the French tribunal
the 10th of the month; the second SAID the case
had been postponed six days, namey-to the 4th
of March. But no notification from the Court was
sent me, and but for the fact OF having engaged
counsel ! should have been even without lniOrma-
ton. AS quickly as could be prepared sent 10
Mr.. Allon, to lay before the Court sworn state
ment OF my connection with the Memphis III Paso
Pacific Road, together with nearly three hundred
letters from the persons engaged IN negotiating
me 6ona hese pgrs o uld tb moe r ben
condemned for non-appearance, as had been pre-.
viousy announced. on the 9Th OF March received
from Mr.. Allon letter enclosing the first tniorma-
ton he had been able to obtain and synopsis or
abridgment OF the articles OF accusation against
me. Mr.. Alton, in his letter to me, says
The charges (ace cccusaon) very severe and the
wnS burden q thrown upon oq The prem
now been able to get kSowledse Of the docamens It Is
impossible not 70 recognize the gravity o. the affair IL
come 2 answer he acensatloni You hardly Tie
your a9ssn will permit ali the accused to plead them.
selves innocent at your expense. All will accuse You;
and once that You have been condemned by detalt il
of imnartiality.
you at the dayaxed will make IL known
that you regularly notified and in the event OF
judgmentry default will protest reservng your
OF opposition.
Mr.. Alon, seeing the disadvantage at which ! am
placed, further suggested th1t, In event of nv
coming, 1t would be well in order to show how
much these accusations were at variance with the
tenor of my whole life, to bring with me call the
documents ali the facts relative to yourself, TO
your works, to your travels and IL your services'
/ quote this only to shew the aborious ana
almost impossible nature Of the defence was sud
denly called upon 70 make IN O. foreign law court.
This letter reached me the dSy alter Judgment by
default had been pronounced against me, as had
already been announced through the French Lega-
ton would be the course OF the Court My sworn
statement aud documents and private ana onlclat
letters sent by me also reached him the day after
the Qefallt in bppu fsk There