National Republican., 1881-11-04

the reasons That Is the altitude. We arc not de-
murring 70 his paper We are not pleading to his
paper. We are showing tie iniquity of his paper
under the rule 10 show cause Now, what have
we shown2 As Isaid, wo have shown that Walsh
had been reported as having faied 10 comply with
his contract,
WE HAVE SHOWN THAT BRADY
In the quarter ending sist OF March, 1881, because
Walsh had not performed his contract, because he
I e SO S H .he had hs pay
for that quarter We have shown that, by reason
of the suspension, those reports and that failure
upon his part to comply with his contract, there
had been fines and deductions madc against
Walsh Of over 5000 In that quarter; We
,s have shown, may Il please Your aonSoir ,Si!
complaint, and which has characterized this con-
tract with Walsh as q fraud-the result OF con-
ductions, hut has paid to Walsh the full contract
price, nearly s25 900 OF the money Of the Govern
Inent just as though he had faithfully and IN
strict accordance with the contract performed the
service the payment for which General Brady had
suspended
PAID FOR A CONTRACT
which they swear they believe 10 be fraudulent
and the result Of conspiracy TO defraud the Gov
ernmont. That was done the LIST day OF yuly,
1881, before this information was filed, and these
gentlemen who are urging forward this prosecu-
ton knew that fact, as will show yon In mo-
ment Now, II Your Honor please, suppose that
these gentlemen had not lodged the grand jury
had not run away from the established precedents
aud practices of this court and they had gone into
the, grand jury room, and Mr.. Thomas T. James
nuu HOnc III tnere anu SWOtn tnhl ne OciltNeu
this thing 10 be fraud. can imagine that the
grand Jury. In the discharge Of its duty faithfully
as good and lawful men should do, would have
questioned htm--would have said 10 him MI.
James, you say this is a fraudulent contract q
Yes" And Brady is a great rascalY' - Yes" What
mas "a ,b been done under y1pT @ ~
Walsh did not perform his service-all the reports
show that-but we concluded To remit the 5000 of
fines that had been imposed and pay him the con-
tract price"
NOW, WHAT DO You SUPPOSE
the. grand jury would say to Mr.. James after he
had made such statementf How much weight
would his testimony have with them, although he
Is the Postmaster. General under those circum-
stauces2 They would have sent him out Of the
Aud suppose Mr. p. Henry Woodward comes in
there to Them aud they say to him who are
your We'll am post gest; olace oiieal%, %wha, ,a
star.route frauds" Mr.. p Henry Woodward,
you say this is audyent con.racno cOrSEap, sSnp
Walsh having been paid .pnder. your jurisdiction
on account of that contractr' Mr.. 7. Henry
Woodward would be compelled to swear before
General to do this very thing about which have
| been talking. say this, II Your Honor please,
upon the record in this case. am talking within
| the record. Now, what would an honest grand
| jury say 10 Mr. p Henry Woodward2
WOULD THERE DE ANY CHANCE
| for an Indictment No, and hence they must give
the grand jurya wide berth aud slip into this court
| thing. Well, suppose another man comes up. Mr..
Gibson is sent for. am talking inside the record,
Your Honor. mention no names other than those
mentioned in the record. Mr.. Gibson comes up
and the grand jury say 70 him, You say this is a
corrupt Contract" "oh, yes; | have been been
many years. commenced on It before
Congress began investigating, and 1 think i
knew al SSpns If II MIS- Is
resent the Department Of Justice in this business -
What do you know b about any ny Payments PsaJ y made d
/ recommended the Postmaster General to pay
this to Walsh. and he has paid it," We'll
what was your purpose IN this, Mr.. GibsonY
Perhaps Your Honor can. 1t may be that 1t was
| for the purpose of getting q statement from
Walsh. I do not know. Il may be that by
are referred TO in this affidavit were procured.
don't know. only know what is stated OH the
10 Yo lnT moSSr Know Sn %
| pOrtant and most damning fact Is suppressed In
this case, and we have shown that this particular
| thing was done by the recommendation of Z
Henry Woodward who made one of the afiidayit
| in support of the information. aud his known as
sistant, representative OF the Department. OF JUS
| uce, Mr.. Gibson May 1t please Your Honor, II |.
not for me to indulge in surmlses. am not goinl
DEAL IN CONJECTURE.
We find these suppressed facts We find Il alleref
that the contract with Walsh was corrupt. We fine
Walsh's name figuring largely In this paper which
hold In my hand, and yet he is not made n de
draw Your own conclusions us toy 10 Why he eva was moi moi
But do find In this paper that In making thi
charge they say In the first count that the 1st da
McDonough, Brown, and certain other person
TO the attorney Aforesaid unknown" certail
person who is unknown Is a little incomprehensi
BILE to me, but suppose that Walsh must be tn
person. only know that Mr.. Walsh is the ma
who figures the largest in any allegations of frau
or fraudulent contracts. and Walsh does not up
pear In this information MS defendant
AND WE HAVE SHOWN
that the calculation by which the pay for increase
expedition was fixed, of which complaint Is mad
was made according to the rules Of the Depart
ment, and the Interpretation of the law which pre-
vailed long before General Brady was connecte
with the Department This fact was also SUP
by the. common law. It says you mui
them to wash their. hands,. not wit
Soo wash
no broadening ofphylacteros.-we want the plain
unvarnished truth. They. withheld 1t; we hav
placed 1t upon the record in this case. Now, ma
1t please Your Honor, do you not sec why the
avoided the, grand jury2 II these facts had com
TO the grand Jury--and no honest grand jury coul
have avoided discovering them-do you not SC
that an indictment would not be possible
And now they expect you, standing In the plnce o
the grand jury, TO ignore them.
| WE LAY THEM BEFORE YOU
so that you may see not merely the informity, bt
the inquity of this proceeding. Give this prose
cution the common law. 1t has suppressed tn
truth. Its hands are unclean and by the prnc
pies of common law il can have no standing i
this tribunal of justice. But, may II please You
Honor, that is another reason why our motto
should be sustained. According TO the ayerment
of this Information certain discretionary power
were by law and regulation conferred upon tn
Second Assistant Postmaster-G General; II is nc
true in fact or law; but assume that IL Is.
YOU, AS THE JUDICIARY,
one of the co. ordinate departments of the Govern
ment are asked to sit III Judgment upon the eXeI
else of the powers and discretions of the Executy
Department Of the Government. will not s
into Il detailed examination of the allegations
this information, but invite you to scrutinize
) and you win find that before there could by IN
possibility be conviction you must sit in judgme
upon acts done under executive discretion. Tn
san important and Indispensable element of Il
first qu uestions you would encounter Is this: ca
r the Judiciary inquire into the action of the Il.
ecutive Department In the matter Of the exercise
| executive functions which the law has copfided
the discretion of executive officers. In the natu
, | of things this cannotbe done. To attempt II wou
be subyersion of the principles Of the Governmer
u II would destroy the Independence of the exec
n | tive branch and subordinate II TO co-ordina
!. bmnch-the judiciary. It would subject eve
u every act from the President down. II would 1
q troduce conflict between branches OF the Cover
!, mcnt that are wholly independent Of zach oth'
! May 1t please Your Honor,
4 THIS CANNOT BE.
.. II there is to be any inquiry into such matters
is not here, but In another tribunal, provided O
y pressy by the Constitutlon-a high court OF IL
IS peachment. On this subject invite your atte
% lion to some authorities. lWooddcsson's Law L.
" tures page 400; side page 1861
s tbs certain that magistrates and officers entrusi
j. with the administration OF public affairs may abl
l. their delegated powers To the injury ruin of
d community, and AT the same time In otienses
. | probably cognzable before the ordinary trbuna
~ The influence OF such delnquents, and the nature
%% %% such ofenses may not unsuitRoy engage the author
of tho highest court and tho wisdom of the sagest
j. sembly. Tho commons, therefore. ns the grand
quest OF the Nation, become sutOrs for penal justi
and they cannot consistently, cither win their o
dignity with safety to the accused, TO any otl
e. court but that of those who share with them In
nj Legislature.
r; In Yates vs.. Lansing, Johns, 29l, Chancel
OF Kent, In making an elaborate review OF the El
-. - Ll...-.. ..-.na..u- LII