New-York tribune., 1876-02-26
NEW 1DhAs or rHE RBcocE man,

The JURYs VFHDICI AND TuE POrCGAB NERrICr.
70 the razor Of The TribUpr.
SIR: dincr with YOU as 10 the outcome Of the
trial Not proven" the old Scotch verdict is
really the verdict of the iury in the c1se of Gen.
Bahcock As juroT Jewctt said: "Th1e were the
instruction. about the testimony. ana some 81 The
testimony was kept back from Us. and on what we
had we all thought We couldn't convict. There
wasn't testimony enough not 10 leave dodbt. We
diln't let our moral con- lotions. as You call en-,
have ANYTHING 20 DO with It," But the public has
seen the evidence which legal devices denied 10 the
iury The pubic knows better than the jury could,
the powerful influence eXeTted by the AdilnistTa-
tion to secure an acquitta: fl-t, hs the selection o
jurymcn deemed likch toregard the case tavorahly;
s,cond by the order of the Attorney Geneja, affect
ing the testimony given by those nude, indictment
and tInrd by the active aid Of sherman 9nd other
officials in procuring testimony FOR the defense"
The public ais, considers that the testimony of the
President. which WAS calculated To affect the iuTy
strongly and tho exceedingly favorable charge Of the
Judge. would hardly have been the sane II the ae-
cused had been person of no political consequence
In this casa. the Administration ezceptnc only the
Secretary of the Treasury has uscd aIl its vast
power quite as far at least as the law permitted 10
secure q verdict again.t The Government. That f'c
will have not lttle weight with public opinion.
Some time ago you remarked that thc dciensc Of
Cen Babcock ~ then fOreshadowed. was such a. f."
throw a heavy burden Of moral responsibility upon
the President and thc party in power Whom cool re-
Election follows TIE first impclsrs prompted By ine
verdict. il viii be seen that The President
and tho Republican party have terrible
load to carry in consequence Of the conduct al
the defense and the acquittal of Gen. Bahcock. He
goes clear and yet il is soaTc" denied 'y hs COM
sci or his friends that he greatly aided conspiracy
TO rob the Government. He l. held not oWity OF
crime solely Oh the ground that IL 10 not prov al
that ho had any guilty knowledge Of the conspiracy.
or any guilty purpose in what he did to aid 1t. lis
defense was. in effect that hs acts werc prompted
by the knowlcGge that Joyce, Mcdonald, ard others,
were warm friends of the President. aud yauahlc
workers for the pary for that reason he trusted
them, aud for that reason gave them information
and aid This defense, aud no other yet suegest"d,
offers a rational explanation of his conduct con-
sjstent with his innocence of crime. But if this
theory il 10 hs accepted it becomes moro clear than
ever that a very large share Of responsibility for
these enormous frauds rosts upon the President HIM
self whose trust in these personal friends caused
others 10 trust them, and upon The sy-ton oi admin
istration which ho has persistentiy followed, ana
which entrusts men with Office AMI power not
because Of their worth fitness, but solely because
of their personal OF partisan services.
The acduittal Of Gen. BabcOck makes tha issue
more sharply then il could have been made had he
been convicted. II IS not proved that he was guilty
Of cr1me and yet it is indsputablc that an honest
civil service s impossible and caunot nationally be-
expected where high officers OF the Government act
rs he did and os The President has done That Gen
Babcock was cupably regardless of the public wei
fare that be cared only for the personal success Of
the President OF the triumph Of the party in power
and therefore 80 trusted thieves that he used
an instrument Of conspiracy csunot he denied even
by his friends. Are the people to forget this fact
beceuse he has not been found guilty OF crime =:
That the President has been cupably regardless OF
tine public welfare il equally indisPutahle. II lac
had exercised ordinary wisdom in the selection of
officials or ordinary caution in dealing with men
like Mcdonald this great crime could noi have hap
pened. Ireioice that no stain oi completely III enne
rests upon ths President but shall wc therefore FOR
get the outrageous msadministrati"n which has
caused this conspiracy 81 Lo,ls
Eew- York. Feb "a, 1870.