The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-27

disposed 10 question the value OF the investigation oy
the special commission under the orders OF the Pres
dent pray remember that your client the Chief Com
missioner, appears 10 have hrst learned from u nj
Vienna the crimes secretly done at New York under
his own immediate observation, in the management Of
his commission.
To dispose dennitively OF the charge OF delay ad-
visnG the government Of the result Of the examination
and TO prevent further untruth the subject. will
remind you that far from keeping he governments
ignorance the record OF the testimony forwarded in
parts-Part TO page 2S2 May 81 Part H. to page 547,
hay a. Part I'LL TO page 1885, June 90 Part w. TO page
$780, July 10, together with two elaborate appendices,
with documents and letters
The examination OF the last witness closed July 2,
and the report upon the evidence was forwarded
July s. With the record beforo you OF the diligent
execution Of the work OF the commission, amid the
usual work OF the Legation, largely increased by the
Exposition, You deemed Il expcdcnt to make your
readers believe that we had kept the government in
ignorance for three months and TO base that
sumption the charge Of '-dsing enuousness.
Your statement that the report mado ''after
a peremptory ordcr' is inexact, and the repetition
OF the misstatement which you nrst perpetrated In
1873 is the nexcusable tho record shows how
the error OF the government arose.
Mr. Davis telegraphed July 80 :-"Receipt OF partial
report OF July 10 astonishes We thought
closed and report made. Close commission at II
not done already. Future Investigation may take
place here If necessary. Communicate this to Mr..
McElrath.''
The next day the reply went back Especial commits
sion closed, idus Deo with report July s. Special
port July 10 simply evidence taken previously"
g. Tho report not made by Mr. Jay but by the
special commission
THE coMMTrBE's EXPLANATION.
pass to the principal point OF your note, which you
say was written las matter OF courtesy" and have
already acknowledged your tribute to "Mr jays
magnity or folly. On the 10th of February you an
nounccd the HERALD thcsresult OF your impartial
examination or the record that the Vienna scandal
appears to have been mainly tho result OF Mr.. jays
efforts, theory based apparently, the first denial
by the Chief Commissioner of the truth of the rumors
and in orgctuness OF his subsequent recognition OF
the scandalous acts committed by his FIRST assist
ant You then backed your position by giving
the public to understand that in condemniug my
official action in the you were not assailng the
conduct OF Minister who had acted in accordance
with his instructions, but OF who, from the disap
prevail OF his action by the government, had been
PEELED to resign. On this point your language although
in hypothetical FORM II for Increased effect seemed
to exhibit no hesitation and TO express doubt You
moraized upon 1t as II upon a fact within your own
knowledge. and made my assumed dismissal the text OF
himself and ended in invitation retire from his
post is only another example OF what has before hap
pcned to those who plot mischief" Having thus
achieved palpabe hit in presenting a dismissed
Minister and arraying on your side in your dsap-
prevail OF my the government itself, you con-
cuded with joint expression OF your blended regret
"that Mr.. Jay should have at TO revive this I'M
fortunate incident in his ended diplomatic career
which, for the honor OF the country his own credit
might well have been allowed slumber forgetful-
ness"
Having been congratulated by the government at the
conclusion Of my duties connected with the Exposition
and having received further expression OF that ap
prova shortly before left Vienna thought proper to
ask your authority for the intimaton that the govern
ment bad dsapproved my conduct and had invited me
to resign my post l at the same time careful to
say that, while the charge untrue 81 did not
sumo that you had invented IL that you had ut
tered 1t without believing It to be true"
In your reply you rcmark:-.The public action OF
the government is the precise authority, and in
judgment sufficient authority for our inference that
Mr.. jays conduct in the matter dsapproved by
the government and in pronounced manner that
it might BIO considered invitation 70 retire from his
post"
Had you expressed this idea In your first letter l
should not have troubled you for your authority nor
would it have at all concerned me what you might
think constituted in your judgment sufficient basis
for any inference you might choose draw how
the public action OF the government might be
siderod. But srs, you gave the public
understand, by distinctly inImating 1t
a matter Of fact that the governments
had disapproved my conduct and had in consequence
invited me to retire. And accept your reply to my
demand for your authority for that statement, not
simply admitting what l already knew, that your
intmaton was pure invention, without a scintilla of
truth but, what had not supposed, that 1t was
fiction peculiarly and exclusively your own. indicating
admit powerful capacity for invention and strk
ing tcmerty Of ut,cranCe, and happily illustrating the
which, from the time the irregularities in
the original commission were first arrested at Vienna
the gentlemen who assisted in staying that national
namy have been pursued with malicious inventions as
utterly unnfounded the which your own admis
sion has eieciuay nailed.
II is not perhaps strange that, after that cxpana-
ton OF your authority for the interesting story the
for my retirement the whole subject should
seem to you, you remark, "tre some and dstaste-
full !" and your constituents of New Jersey will hardly
question wisdom OF your resolve TO retire from tho
contest which you commenced vigorously 1873.
In your pamphlet OF that year you observed that
II you should attempt to express opinion of
Mr. jays conduct toward the Chief Commissioner
you would ''bo compelled to resort to expressions
stronger than you desired TO use" Should you, In
disregard OF your resolve to refer again tho sub
jec, DO induced to renew the attempt show that the
Vienna scandal the result OF Mr.. jays efforts,
pray consult simply your pleasure In using what
expressions you find necessary describe your opinion
OF my action. in accord with the advice
Give thy Of thoughts
The wOrs: OF words
But please be good enough to pay slight regard
10 accuracy 10 your statements and to remember
for future tho between an inference and
a fact
POSITION OF GOVERNMENT TnEy AND NOW.
Before part, having relieved the sorrow you feel
at tho idea that the government has disapprovcd my
conduct, allow to ask you how, with due regard
tho honor OF the government you could reconcile
n...ansailor