Year: 1875

|
St Louis will make an unfortunate impres.
sion on the public mind. 1t is regrettablC
that a difficulty has arisen between the
President and Mr. Henderson just at the
point when the services of so energetic pros.
ecutor are needed to enforce the injunction,
''Let no guilty man escape" If he has
given offence to the President il would have
been better to let the affront pass un-
noticed, when both the interests of justice
and the honor of the White House are
SO deeply involved. The President should
subordinate his personal resentments to his
official duties. The vigor, zeal and ability
of Mr.. Henderson are signally attested by the
conviction of every whiskey thief and con-
spirator who has been brought 70 triai
under his management 1t Will be
deemed unfortunate that his skllful
services are dispensed with in case which
excites deeper interest than any other OF
the Whiskey Ring trials and in which the
country will be indignant at any appearance
of favoritism in high quarters. II Mr.. Hen
derson had been permitted to conduct the
prosecution against General Babcock no
body would suspect that all the evidence
against him had not been brought before the
| Jury in the most forcible manner. With Mr.
Henderson as the prosecutor verdict Of
aoquittal would be accepted by the country
as a complete vindication of the prisoner. But
when the case is put in different hands the
public will have no confidence in the trial.
and will interpret the change as an attempt
to shield the guilty.


MIR. Henderson, who has spent many weeks
in diligent investigation of the whiskey
cases, who has traced the conspiracy in all
its notifications, who is familiar with hun
dred points which might escape the attention
of a lawyer new to the subject, cannot be
displaced without abating the vigor Of the
prosecution. No other attorney, however able,
can suddenly acquire his complete mastery
of the facts. There is every reason why the
trial Of General Babcock should not be de-
whoever he may be, cannot be expected to
act with Mr. Henderson's fearless energy.
He will accept his Office with tacit under
standing that he is to do nothing distasteful
to the President. Mr.. Henderson's removal
will operate on his successor as q warn
ing and restraint He will move as if
treading on eggs he will be tender of the
sensibilities of the White House. lest he too
should be suddenly flung out Of the case by
an Executive mandate, and the consequence
will naturally be feeble and nerveless
prosecution. The imputations which would
arise on an acquittal under such circum-
stances are such as neither the President nor
General Babcock can very well afford.
1t would have been better for the
President to have overlooked the
real or fancied personal affront and
have let the trial proceed under the
same vigorous guidance which has secured
the conviction of every culprit who has yet
been arraigned before the Court at ST. Louis.
If General Babcock could be acquitted with
Mr. Henderson as his prosecutor his vindi-
cation would be accepted as complete, and
nobody would thereafter question his in
nocence.


The Presidents discharge of Mr. Hender-
son at this stage of the business will raise an
inquiry as to why it was not done before. A
full week has elapsed since the speech of
which the President complains. The sub
stance of it was telegraphed to the HERALD
on the same day, appeared in our columns
the next morning, and could not have escaped
the immediate notice of people who must
have brought it to the attention Of the
President If it be q good ground for
removal now it was equally ground
of removal then, but the President has
allowed a whole week to pass and
has foreborne to act until he learned of the
indictment of General Babcock, when all
Of a sudden he bethought him of his griev-
ance, and took immediate steps for removing
Mr.. Henderson


The country will approve of the manly
position of Mr.. Henderson, as explained by
him yesterday to our correspondent at ST.
Louis District Attorney Dyer and Mr. Eaton
who is associated with them, were present
at the interview, and both indorsed the
course of Mr.. Henderson. Their joint atti-
tude is not one Of bravado or defiance of
the President, but they stand together as
selfrespecting lawyers, conscious of having
done no more than their duty and unwilling
to sacrifice the honor of their profession.
Mr.. Henderson caused the stenographic
notes Of the impugned part Of his speech to
be exactly written out and sent to Washing
ton, and, while disclaiming any intention to
be offensive, he said to the Attorney Gene
raj, 81 stand by the speech as made" He
and his associates think it a defensible exer-
else of his rights as an attorney, and it
is an awkward business for the President
to punish lawyer for the proper discharge
of his duty. 1t is absurd to say that the
President was Mr.. Henderson's client The
government was his client, and President
Grant is merely one of its officers. 1t was
the duty of Mr.. Henderson to be faithful to