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~~ lit |itkpratot Jftniiln lUtiisnprr: jftr % |?rmnotk ofjjjt |ottical, Serial ^yicittontl atifr Cgmmcr^^Jirtmstg of % ?tm% ^ VOL. 13. YOEKYILLE, S. O., THURSDAY, AUGUST 29, 1867. NO. > 18. '?" ? 1 . ! ' I u foiogs at Ifasbiagtaa. THE IMPEACHMENT CONSPIRACY. attempt to 8tjbor2t withbb&8 t000f7i0tthe pee8ideht of oomphoity with booth to asba88ihate me. lhoolh. DISCLOSURES OF THE PARTY WHOM IT WAS ATTEMPTED TO SUBORN. Beport of the Acting Attorney-General. Attorney General's Office, 1 5th of August, 1867. J ?? t. rm i:?nko.l^ A IVLR, r^RGSIDjENT 1UC Appiiuiuuu ui vuouvo ?*? Dunham having been referred to this office, in the customary order of Executive business, for the examination and advisory action of the Attorney General, it has beoome my duty, daring the indisposition and absence of the distinguished incumbent of tlie law Department, carefully to oonsider the case. In respectfully declining, as I do, to offer at present any recommendation in the premises, I beg to submit for your consideration the reasons which constrain me to reserve advice and suspend judgment until after I shall have been farther instructed by your Excellency. Dunham, the person applying for pardon, is the same who has beoome notorious under the name of Sanford Conover. He was recently convicted of perjury in the District of Colombia, and is, as I am I informed, now incarcerated in accordance with the sentence of the court His application seems to be r predicated, in parf, upon a supposed technical irj regularity in the constitution of the jnry, and is supported mainly by the services which he is alleged to have rendered the- cause of justice in aiding the proeecnting counsel in the collection of evidence, and otherwise, upon the trial of John H. Surratt for murder. The papers upon which this application is grounf' dad, and by which it is sustained, consist of four, in a parcel, which, by endorsement, appears to have reached the Executive Office on Saturday, the 27th of July, 1867. The first is dated the 22d July, and is written upon the ordinary note paper ? J 1? L-? TT/tnain nf "RjmrOQPnfalfJvftS. I useu oy meuiuers ui uiv. uvu? ? , with an engraved vignette caption. The Mowing j is a copy: Fortieth Congress, ] U. S. House of Representatives, V Washington, D. C., July 22,1867. ] Gentlemen :?I suggest that a petition, some thing Hke the enclosed, be prepared and signed by you for the pardon of Mr. Dunham. I think he is clearly entitled to it, and hope you will aid him all you can. Respectfully, J. M. Ashley. Hon. J. Holt, Hon. A. G. Riddle. It would seem, from an expression used in this note, that a draught of a petition was enclosed. It does not appear what petition was thus designated. The next paper was the following, from a late Representative in Congress from Ohio, now a member of the Washington bar: Washington, July 23,1867. To the President of the United States : Sib: I was, early in April last, retained to aid the Government in the prosecution of John JBf. Surratt, and took the general management and preparation of the case. The labor and difficulties of the case were great, and the Government is under great obligations to Charles A. Dunham for much invaluable information, both as to the facts, and witnesses for the U-l nited States, and for the history of and facts concerning the witnesses called for the defence. Although in jail, he managed to keep informed of the progress of the case, and from time to time com-1 municated important facts and suggestions, and coamir.crlv fnr the sole Duroose of a fair investiga tion of the case, whether it would work for his benefit or not. It seems to me that for his services in this behalf, the Government should mijfk its appreciation of them in a way not to be mistaken. Respectfully, A. G. Riddle. Nothing is among the papers from the office of the District Attorney, or from any of the counsel in the Surratt trial, excepting Mr. Riddle. " The next recommendation is from the Bureau of Military Justice: Washington, July 24,1867. I concur with the Hon. A. G. Riddle in his estimate of the value and importance of the services rendered by Charles A. Dunham, as set forth in the letter to the President A principle of public policy leads governments to encourage, by all honorable means, those charged with crime to make disclosures which may, and often do, result in unmasking even .greater offenders than those who make them; and hence when they are found to have acted voluntarily, and in good faith, the highest public consideration require that their conduct shall be generously appreciated. The services of Dunham, with the details of whicb Mr. Riddle must be entirely familiar, as one of the counsel in the case, seem to have been performed without solicitation, and in the interest of truth and justice, in connection with one of the most important criminal trials which has occurred in the history of the country; and, although his disclosures were not directly connected with the criminality of which he himself has been convicted, yet it is believed that they do not the less bring his case within the spirit and reason of the rule of policy referred to, and * * ~ ' J 1? L henoe it is lor tne .executive to determine now iur they shall be accepted at once as a proof of his repentance, and as an atonement to the law, for whose violation he stands condemned. J. Holt. may be proper to remark that the recommen^*t!ation of the Judge Advocate General is written upon one leaf of the same sheet with that of Mr. Riddle, and not upon official paper. I It Will be observed that, notwithstanding this man stood condemned for perjury, Mr. Riddle, by actual experience, and Judge Holt, upon satisfactory grounds of belief, have folly realized his usefulness in promoting, by his co-operation with public agents of justice, the cause of truth on an occasion of an investigation of national importance, and also that the latter intimates his opinion that he had satisfactorily demonstrated his repentance. It is remarkable that Dunham himself, in his petition, (which purports to be in his own handwriting,) mentions no grounds, but trusts mainly to a technicality. His petition is as follows: Washington,July 26,1867. To His Excellency Andrew Johnson, President of of the United States : The petition of Charles A. Dunham respectfully shows that in the month of January last, he was tried, convicted, and sentenced to the penitentiary for peijory, alleged to have been committed before the Judiciary Committee of the House of Representatives, during the investigation by said committee of charges against Jefferson Davis of complicity in the conspiracy to assassinate President Lincoln. That the peijury assigned in the indictment a gainst your petitioner was in having falsely testified that he had no reason to douht, and did not doubt, the truthfulness of certain depositions made by two persons, called Campbell and Snevel, at the time said depositions were ?iven by them in the Bureau of Military Justice, and in testifying that he had first seen Campbell in Canada, in June, 1865, and said Snevel in Wilmington, North Carolina, August, 1865. That on the trial of yotir petitioner, said Camp bell and Snevel declared that their realn ames were a Hoare and Roberts, and that the depositions they tl had made and sworn to in the Bnrean of Military d Justice, were absolutely false from beginning to A end, and were known to be so by your petitioner; v and that they were not at?said Campbell in Cana- p da in June, 1865, or said Snevel in Wilmington t in August 1865?the places at which your peti- a tioner first claimed to have seen them. & That it was entirely upon this testimony of said confessed perjurers that your petitioner was convio- b ted; and that without the testimony of said per- a sons, the jury before whom your petitioner was U tried, could not possibly have found a verdict of g "guilty." Your petitioner further says thaf he was tried t; and convicted by a jury not qualified to try him; c that the jurors before whom he was so tried and tl condemned were illegally selected and drawn, as decided by the court in the case of John H. Surratt, v I the manner and form of selecting and drawinglhe p jurors in the case of Surratt and your petitioner be- o ing identical. That in the discussion on the open- A ing of the trial of Surratt, as to the legal qualifies- tl tion of the jurors who had been summoned and ti empannelled to try him, it was contended Dy tne o prosecution, and decided by the court, that said jurors were informally and irregular selected and d drawn, and that any verdict they might render up- v on any trial, would be absolutely void. a Your petitioner further says that under the rules h and practice of the Supreme Court of this District, n the above informality in the selection and drawing & of a jury, does not, after sentence under a ver- d diet found by such a jury, constitute a ground for a new trial or other relief by the court; and that the t] only remedy for such an illegal conviction lies in an f; I application to the Executive for pardon. a Chas. A. Dunham. a The above are all the papers which have come to p my knowledge in relation to the application for pardon. When considered in connection with other b papers, adventitiously received, they excite peculiar tl interest, and command careful attention. And it p is the extraordinary gravity of the import of these ii papers, last mentioned, in connection with the c source Whence they come, which makes it my del- o icate duty to submit their contents for your studi- ii ous consideration, and to suggest that some proper t disposition ought to be made of them, in conson- s ance with the dignity of the Government, and in fi justice to all parties. I introduce them as follows: g First, a communication addressed to the Presi- v dent of the United States, bearing date Washing- g ton, July 29, 3867, and signed "Charles A. Dun- c ham." It will be seen that this person, who is cer- f tified by gentlemen of official and professional res- 1 ponsibility, and of distinguished sagacity, to be li ?j ?I?Li. ; a. J: i. - capaoie 01 great ana vaiuuuie service 111 rue uisciu- c sure of crime, makes startling asseverations direct- v ly against prominent members of the National Legislature : t Washington, July 27,1867. t To His Excellency Andrew Johnson, President of y the United States : I In applying to your Excellency for pardon, I had j| not intended to offer any disclosures concerning the fa plotting of your enemies against you, which could r be regarded as an inducement for granting my application. I instructed my wife, in presenting the a petition, to refer to the conspiracy of Ashley & Co., s so far only as might appear necessary to remove i( any unfriendly feeling that might have been engen- p dered within you toward me by the newspaper re- d ports, that I had engaged to assist your enemies in s their nefarious designs. I adopted this reserve in 0 the belief that the services I had rendered the Gov- n eminent, as certified by Judge Holt, the Hon. Mr. r Riddle, and Mr. Ashley, would, in your view and s judgment, render me deserving Executive clenien- p cy, and because I desired that it should appear on t the record, and on the face of my pardon, that cle- e mency had been extended to me solely in consider- p ation of my servioes to the Government, and exclu- t sively on tho recommendation of prominent Radi- r cals, to the end that when I should come to expose j; the atrocious plot of Ashley & Co., the Radicals would not be in a position or able to charge me ]( with doing so in consideration of a pardon, or that v the President had pardoned me on condition of i, my implicating his enemies in an infamous con- h spiracy. p Prom the moment I was forced into association v with these traitors and conspirators, I determined, c as soon as I should be released, to place in the hands of your Excellency, or lay before the public t a complete exposure of their diabolical designs and j, most astounding proceedings. This, I believed, a would be my sacrea duty, for although accused of crime, I am not so destitute of honor and patriotism, as not to feel some interest in and obligations r W) my couuiry. ^ The interest these persons have felt, and the ef- f forts they have made (which would have succeed- B ed ere this but for the blunder of one of them,) and which they still propose to make for my release, [F. Gr.] I know were prompted by the most selfish j motives, in order that they might use me as an in| strument to accomplish their devilish designs, and j. 11 shall not, therefore, be guilty of ingratitude in a- v bandoning and exposing their villainy. My wife, has, I believe, explained to you how v Ashley, first through his man Friday, Matchett, and afterwards in person, managed to make known p to me his wishes, aims, purposes, and enlist me? a as far as a forced promise would go?in his enter- v prise. I shall, therefore, only advert here to some v Uaaw nn/1 rlnno Vvrr onn. .. ILlUlgS VfUlUU IlitVC Uttu ooiu auu uvuu uj vuv wu j_ spirators, which are susceptible of being proved a- r gainst them by the most irrefragible evidence. s After obtaining my promise to render all the as- t sistance in my power, Mr. Ashley explained to me g the kind of evidence he thought it most advisable n to present against you. (I must be very brief.)? t He thought it would be very plausible to prove: k 1st That Booth had on several occasions paid t you familiar visits at the Kirkwood. This, it was k hoped, I might be able to induce some of the old c female servants to testify to. If this could not be ti done, then it should be proved by some of my own t friends who kappeued to be at the house at the a time, who knew Booth, &c., and saw the visits, p 2. That you corresponded with Booth, which p should be shown by one or more persons who had r taken notes from Booth to you, and your replies, t (contents unknown) thereto to Booth. The wit- n nesses should be persons who profess to have been n intimate with Booth, and to have been enlisted by (] him to take part in the assassination. 1 3. That the placing of Atzerodt with weapons at ii 1 the Kirkwood was only a sham?although Atzer- t 1 odt was not aware of it^-tomake it appear that you v were intended as a victim, and thus distract all suspicion from you of conniving at Lincoln's murder, tl This also, it was suggested, could be proved by per- a sons who could testify that they had been induced fi to enter into the conspiracy with Booth, and had c 'performed a part in organizing it, &c., which per- a j sons, it was to be understood, were induced to tes- I tify under an assurance from the Government that p they should not be prosecuted for any part they s< had taken. The resolution under which Butler's committee ^ was appointed, it will be observed, provides for the o protection of such persons?who are furnished with a a good excuse for not coming forward befbrc?by 1( offering immunity to all who were connected with tl the conspiracy who will now come forward and dis- tl clpse their knowledge on the subject b 4th. That Booth, just after the 4th of March, v stated to intimate friends in New York, whom he I endeavored to enlist in the conspiracy, that he was ii cting with the knowledge of the Vice President; i hat it had been arranged to kill Lincoln on the i ay of the inauguration, which would account for Ir. Johnson's strange conduct on that occasion, < rhich had provoked so much comment in the ] iress; that you expected the tragedy to be enacted i hen, and had taken several potations to compose t nd nerve you for the event; and that you were not t o much intoxicated as nervous and excited. i I feel much delicacy in referring to such topics, j ut I cannot inform you of your enemies' plans i nd projects without being plain, and I am obliged a write in too great haste to be choice in my lan- ] uage. I assured Ashley that I should have no difficul7 in finding persons of good standing and moral ( haracter, to prove these matters, and it was agreed 2 bat I should do so as soon as released. [A. F. 6.] i As an earnest that I possessed the ability to do 2 rhat I engaged, and in order to satisfy some of the arty who doubted the existence of evidence to 1 onnect you with the assassination conspiracy, < Lshley and Butler pressed me to send for two or 2 bree persons of whose intelligence and qualifies- 1 ions they could satisfy themselves, and whom they ould parade before their incredulous friends. I oonsented, and Ashley supplied the acts it was ? esired they should know and repeat, and I for- 1 rarded them to a trusty friend with secret explan- < tions as to my own purposes, and instructions for 1 im to procure two other friends to commit to 1 lemory the statements enclosed to him, and when 1 ent for, to come here and repeat them (but not no- 2 er oath) to such persons as I should indicate. 1 After allowing my friends sufficient time to learn 1 beir parts, the Rev. Mr. Matchett [B] was sent 1 )r them, in order that it might be said that he, ( gent for the impeachers, had found the witnesses, j nd that their character for veracity was above sus- 1 icjon. * 1 On arriving here, these persons were inspected J y Ashley and Butler, and were found to possess be requisite qualifications as to intelligence and ' ersonal appearance; but unfortunately for the ( npeachers, it was deemed necessary to make some 1 hanges?modifications in some, and additions to 1 ther portions of their statements?before present- ' fig them to the lukewarm Radicals it was intended 1 a inflame. It being impracticable for the men to ' ce me at the jail on such business, and equally so 1 Dr me to communicate to them the desired chan- 1 es and necessary explanations and instructions in ; rriting, to enable them to incorporate these chan ;es in their original statements, without leading to ; AnAioiAn a* AAnfM/linh'rtnQ if tuqa "fniirifl nA/VfiWTT ^ or somebody else to take my office of preceptor, &c. 'his, with slight hesitation, was done by Mr. Ashjy, on my assurance that the parties were Radials, "died in the wool," and men of honor, in rhora he could safely repose confidence. I have learned, both from Ashley and the parties hemsclves, what was said and done by and be- ; ween them in the matter. The statements they rere desired to make were revised and corrected j y Mr. Ashley, and they were assured by him that a case it should be determined to examine them . efore the committee, they would be "splendidly ewarded." Ashley also discoursed to them on the propriety 1 nd justness of the course it was proposed to pur- 1 ue to make certain the impeachment of the Pres- 1 lent He declared that you were a traitor to your ' arty and country, &c., &c.; that there was no 1 bubtof your complicity in the assassination conpiracy; but that the evidence was in the hands f your friends and could not be got at; that e- , lough, however, had been secured to satisfy most . easonable men of his guilt, but that, in order to atisfy the most exacting, the statements of these persons before the committee would be requisite; hat the end fully justified the means, and that evry man who contributed in this way to the impeachment of the President would deserve well of ' he country, and that he (Ashley) would see them ewarded ten-fold when your successor should come , ato power. . Subsequently, the parties were presented to Butsr, and, after being inspected and passed by him, rere introduced by him and Ashley to several Rad' *- I*..!? TT J* J 2U memoers or me xiouse, wuu, n yyu.-j uuucioiwu lad hitherto doubted the existence of evidence imilieating you in the assassination conspiracy, and fbo informally interrogated them as to the matters j ipon which they had been instructed, [A.] Butler desired to have taken the depositions of hese men at the time, but I would not consent to ts being done until I should be released, as at first ( greed. These facts can be proved by these tliree persons, ] lso by my wife, whose character for truth and veacity is not inferior to Mr. Ashley's; and I shall ake pleasure, if at liberty, in producing them bebre any committee or tribunal for the impeachoent of the impeachers. But the evidence of this conspiracy does not detend entirely upon oral proof. The letters from 1 Ishley, herewith enclosed, in themselves speak ' olumes. What statement [B] from me could he lave wanted, and for what purpose? Anything it ras in my power to state to him could have been tated orally a dozen times during his previous isits to me. The statement he wanted was this, and for this ' mrpose: There were many prominent Radicals, nd especially among his own constituents, who Fere lukewarm on the subject of impeachment; rho were not prepared to believe that you were >rivy to the murder of Lincoln, and whose co-ope- 1 ation was greatly needed. Ashley, therefore, de- ( ired to be able to place before them assurances 1 hat the most unquestionable evidences of your uilt could be produced. He, therefore, requested ae to prepare an elaborate paper, setting forth hat such and such persons could be produced who * :ncw and would testify to this, that, and the other ^ hing, including the pretensions that Booth had 1 -eeu seen in your room several times, that you had orresponded with him and with parties in Richaond; and that the persons who could testify to hese facts were of the most respectable standing, 1 nd would come torward and tell ail tncy knew, it irotected by the Government. He wished me to 3 iut it in a style and tone that would be sure to car- i y conviction with it. He desired, that in addition < o the points of evidence we had conferred about, t ay statement should contain others; and he gave * ae a memorandum of other points which he re- ^ uested me to incorporate in my statement [Bj.? .'his memorandum I enclose, and it is, I believe, ( a Matchett's handwriting [A]. After preparing he statement, I sent it to him at Toledo, where he t rished to make use of it [CJ. c There is another note from Ashley enclosed wor- ^ hy of attention. It is in pencil and was written 1 t the office of Judge Carter, [E, F.] After the ? lilurQ, through the blundering of Matchett, to se- a ure my release at the time promised, I became ngry, and used pretty severe language to Matchett. le went to Ashley and Butler in alarm, and re- f orted that I was going to expose the entire "3 cheme to you. v After the persons I had sent for to New York as t ritnesses had returned, Matchett endeavored, withut my knowledge, to persuade them to come here s gain, and in his letters to two of them he thought- s ;ssly suggested some additions that it was desired c hey should make to their statements. He made e hese suggestions by letter, as his letters explained, ecausc it was not certain that he would be here rhen they should arrive, or they might meet Judge t Singham, or some of the persons they had been itroduced to when previously here, before he could i iee them and give them their points, and he therebre wanted them "posted." Alter my talking to him so severely on acoonnt >f the failure to have me released at the time promised, [D, F,] Matchett became frightened, ind iseemed to get the idea that.I had his letters o those parties, and had sent them, or copies of hem, to you. Possibly, in my anger, I threatened is much. He, therefore, made known his fears to Ashley and Butler, and Ashley endeavored by his rote to obtain the letters. I have just been ordered to get ready for the penitentiary. Very respectfully, Csas. A. Dunham. The following are the several papers which ao?m pany the above. The letters of reference inserted in the foregoing and annexed to the sucoeedng, are not upon the originals, but are introduced solely for your convenience in perusing this report The subjoined paper, headed."memorandum," py the hand that wrote it bears internal evidence )f having been furnished as a' guide to some peri?n ,w nANnm wlin were atmaImI to fabricate cor esponding testimony. [A. ]?MEMORANDUM. Siaoutly before the inauguration of Lincoln and Johnson, the latter, through or in connection with Booth, sent several letters to the Confederacy, one )f which was intended for Jefferson Davis. These etters were borne by a messenger named Allen, vho had been acting as a scout or a spy for one of :he Union Generals. Allen was provided with a safe conduct through our pioket lines, and was supposed to have been sent on secret duty, in conneoion with his command. He was also provided vith papers from a rebel emissary at the North, to msure him proper treatment when he should enter ;he Confederate lines. After delivering his mail n Richmond, he returned, bearing several letters vhich he received from J. P. Benjamin. These etters were enclosed to Booth. On returning to Washington, Allen called on Booth and delivered ;he package, and Booth, after examining some of die letters, went out, as he said, in search of his n&isenger. The messenger could not be found, rod Booth asked Allen if he was too tired to go as iar as the Kirkwood House. Allen replied in the negative, when Booth, drawing forth die package Drought from Richmond, selected a letter addressed to "Andrew Johnson, Vioe-President elect of the Cnited States," and asked Allen to deliver it? Allen promised to do so, and then accompanied Booth to the bar-room to first take a drink. Here Allen met a friend, who was invited to join them in taking a drink, and afterward accompanied him to the Kirkwood and heard him inquire if Mr. Johnson was in, an'd saw him go to his (Johnson's) room. This friend waited until Allen came down stairs, when he asked him; jocularly, what in the toil's business he had to do with Johnson?if he was already begging for an office. Allen can be produced, as well as the friend who accompanied him to the Kirkwood from Booth. Allen, before going to Richmond, had been led by Booth to believe that he was a confidential and secret agent for the Government, and that the letters borne by him had reference to peace propositions, which would speedily lead to a suspension of hostilities and the restoration of the Union. Add, also, that it can further be proved by two persons, formerly rebel soldiers, that Booth, on the first or second iay before his death, fell in with them near Garratt's, and asked their advice and assistance in his efforts to escape. He informed them that he had killed Lincoln, and thereby made a good Southern man President One of the parties, whose name is Dawson, said to him that, if he meant that he had made Andy Johnson President he had done the worst possible thing for the South, as he was more extreme in his views, and a greater enemy to the South than Lincoln. Booth replied that it was a mistake?that Johnson, as a candidate and office seeker, had to say a great many things, but is President he could do as he pleased; that he was bound to be a friend of the South, and that if he went back on him (Booth) he would have bung him higher thanHaman. These men belong to good families and bear excellent characters, and ain be produced as witnesses. Here the paper ends; but the following, which wiuj nriirinallv the final alanse. and is now conclu led, is still legible : For the names of Dawson and Allen, used above, leave blanks, or substitute the names of such persons as you know will take their parts. [B.] Thursday Morning, April 18,1867. Dear Sir : A telegram calls me to Philadelphia, md I go on the 11 o'clock, a. m., train. I, therefore, send you an envelope, in which you can send me, by mail, your statement I hope you will be able to put it in the office this ;vening, so that I can get it by next Monday. Wishing you every success, I am truly yours, J. M. Ashley. At and after the word "statement" above, the vords "incorporating the verbal" are stricken stuliously out [C.] Toledo, Ohio, April 28,1867. My Dear Sir : On my return home to-day, I found your favor, and the promised statement enclosed. I expect, to be in Washington on Thurslay, and will see you that day or the next morning. Truly, your friend, ?T M. Ajshley. C. A. Dunham, Esq., Wash., D. C. * This letter seems to have come here in a common envelope, superscribed "C. A. Dunham, present," which is much pocket soiled. The same applies to the following: [D.] Saturday, A. M., June 1st, 1867. Dear Sir: Your note is just received. Let four counsel act as they deem best, taking advanage of every legal point which may be presented. [ think the course proposed by them is all that we vint Truly, J. M. Ashley. -*-? i .1 n ii . .Next we nave tne iouowiuu . [E. ] House Reps. , July 8,1867. My Dear Sir: I have juat seen your wife, and lave your letter. You may rest assured that I do lot credit the false and stupid reports made against :ou. If you had the letters, I know you would lover send copies to J . If you can put the mginals in my hands, I will say (hat no one shall ake or destroy them without your express order in criting, exoept you are released. Will see your vife again this evening. Respectfully, J. M. Ashley. i a j% xx. i/uuuaui. This note is not written in ink, but in pencil, and hough dated "House Heps," is upon a half sheet >f plain note paper, apparently torn from some note rhich had been carried in the pocket It oomes lere in an envelope, superscribed, in pencil, "C. \. Dunham, Esq., Prison.'' This envelope shows Jso, some apparently idle scribblings. [F.] Aim 26th, 1867. Dunham : It is all right The matter will rest cr the present, or till the thing is argued in May. I ou will not leave the city ad interim. Mr. A. fill return next week, when any other matters will ? adjusted. Yours, W. B. M. This is written on a small scrap, in ink, superoribed "C. A. Dunham, present" On a still mailer and much soiled scrap, in pencil, but eviIsntly by the same hand, is this memorandum, or :xplanation: [Gk] 1. The ' 'court'' cannot act without being a' 'pariceps criminis." 2. Congress will, at the proper time, exercise its loioer. I '3. Witnesses will first be called before the committee. "This, Mr. President, completes the full and literal recital of all the papers or other adhering data before me. The parcel, comprising all but the pardon papers, reached this office in an envelope from the Executive Mansion, endorsed 'Received from Mrs. Dunham, July 30, 1867.' The papers having come from the hands of a person whose application for pardon was undergoing official examination here, were, for very obvious reasons, associated with it in considering the matter. Struck by their extraordinary character, yet, remembering in how unexpected and casual a manner they had been reoeived at the Executive Office, I immediately determined, that until I should have made this report, their qualityand significance, whatever these may be, should remain unchanged by investigation, or by any extraneous connection or association whatever, not only of record, but, as for as practicable, in ray own mind. This course it is ne cessary 10 Dear in recouecnon in me act/ ui eauuiar ting the probable weight or value of the allegation. There is, indeed, one exception to this. Never having seen the handwriting of the Hon. J. M. Ashley, I thought it dne to him that I should not proceed without acquiring a notion of his genuine chirograpby. I, therefore, exhibited that letter which was written by Mr. Ashley, to recommend the pardon of Dunham, to a gentleman acquainted with his handwriting. The latter, without hesitation, recognized that letter as genuine. The others strikingly resemble it "In conclusion, I beg leave to express the profound sensibility with which I find myself obliged to bring to the serious notice of the President of the United States, accusations and papers which must occasion him painful embarrassment. They expose prominent members of the Legislature of the Union to the shocking suspicion of having con: spired with a convicted perjurer for a stupendous imposition?first upon the House of Representatives, then upon the people, and then upon the Senate of Ahe United States, for the purpose of effecting the impeachment and removal from office of a President of the United States, solely upon suborned testimony. I need not say with what astonishment mankind would hear it charged that a scheme so abominable, was heightened still by the peculiar wickedness of attempting to induce the intended victim himself, through appeals to his clemency, to qualify by a pardon, with subsequent competency to act and testify, the principal instrument of the imposture! But, improbable as the existence of such a conspiracy may seem, is not the President exposed to a grave accountability for whatever consequences may possibly follow an incredulity too generous in the premises, to be indulged merely because these adventitious data have been thrust upon his casual notice by a party who has been dishonored by a criminal verdict, but who still, in the expressed opinion of competent professional persons, is qualified to be a vehicle of troth in a court of justice ? I thus lay the whole matter before your Excellency, for your better judgment. In the meantime the application for pardon will be suspended. Very respectfully, your obedient servant, John M. Binckley, Acting Attorney General. To Andrew Johnson, President of the United States. IgfettHiiiwflusi jWirito. "POOR CARLOTTA." Every one has heard of the tender affection which existed between Maximilian and his wife? an affection that overthrew Carlotta's reason when her husband's fortunes began to wane, and made her name the last word Maximilian ever spoke.? The beautiful story of wedded love is touchingly told, m the following lines, by Mrs. E. Sherman Smith, which we take from the Home Journal: Did over wild romancer weave Or poet pen so sad a story ? The coldest heart, methinks, must grieve For thee, and all thy vanished glory. But yesterday such joys were thine It seemed that fate with fond caressings, Had sought to lavish at tny snrino Her richest store of boons and blessings. Youth, Beauty, Wit and Grace thy dower, With royal-birth and regal splendor; And, crown of all thy pomp and power, A husband's love most true ana tender. Ah! "Poor Carlotta," where to-day Are all the gifts'that Fortune sent thee? Like fairy favors torn away, And lost almost as soon as lent thee. The mystic meteor of a night, That for one glorious moment traces Its shining path 'mid worlds of light. Then fails and fades in darksome places. Is type, alas! of thy career: One instant Heaven's own bliss around thee; The next, hurled from thy starry sphere, Madness and misery both have found thee. We have no tears to mourn thy fall From glittering scenes of power and splendor; But for a loss more vast than all Of these, our fond regrets we tender. Letcrown, and throne, and palace go; They brought no true, no real gladness; They saved thee not from tears of woe; Tney shielded not from Care and Madness. But keep, amid the wreck of joys Strewn on the cheerless path before thee, The memory of that constant love Which shone, and still is shining o'er thee. They took thy royal consort's life, But could not take the love ho gave thee; Oh, crownless queen! oh, suffering wife! Let this dear thought sustain and save thee. Tliy name upon his dying lips? Thy name so fondlv, gentlv spoken? Told, e'en in that most sad eclipse, The ties that bound thee were not broken. Somewhere he watches o'er thee yet, With spirit faithful, fond and tender; Somewhere the star that here hath set Rises again in morning splendor. The world is ringing with liis fate, And many weep tho while fhey name him; < He recks not, in nis new estate, , Whether men pity, praise or oiaine mm. Look up, poor queen Look up, sweet wife! Nothing is lost while Love remaineth! The brightest jewel of thy life No touch of shame or error staineth. 1 Triumphant over Fate it shines, The star of Maximilian's story, 1 And with thy name and his entwines, One tender ray of fadeless glory. AMONG THJTMORMONS. ] As Monnanism grows and expands in Utah, it 1 becomes more and more a subject of interest to the people of the United States. Much has been i said and written about it, but a full picture of the 1 iniquity has never yet been drawn. The following 1 sketch, giving an account of an interview with i Brigham Young, will be found interesting: < 1 regard Brigham Young as a greatly under-esti- < mated man by most persons in the East. They c all judge him mainly by his ribald and often bias-' i phemous harangues from the pulpit, and do not t appreciate him as a great administrator and leader t of unsurpassed attainments. I first saw him in f his own business room. He was nearly or perhaps 1 quite alone when I entered, but almost instantly i several side doors opened, and half a dozen broth- t era, sons, secretaries, etc., were seated around the i little office. I learn that he never sees any person 1 alone, unless that he knows perfectly the character 1 of the visitor, and when strangers call on him, his < person is guarded from possible assassination by ] the apparently casual but evidently systematic ap- < pearance of his immediate friends. ] He greets the visitor with serene dignity, but faultless courtesy, and converses freely and quite intelligently on all agreeable topics. He was evi- i dently in no mood for a talk about the inside work- i ings of Mormonism, and an enquiry as to the < number of his wives and children and their health j would doubtless have terminated the interview , most abruptly. He is a welhpreserved man of six- ! tv vears. of medium heiaht rather corpulent, with i an abundant growth of light auburn hair, and a heavy crop of sandy whiskers, excepting on his i upper and lower lips. His eyes are very light, dull blue, and wanting in expression; his noee sharp and prominent ; his lips thick and firmly set, and the whole give him the appearance of a man of obstinate will, and cold, calculating purpose. His head is of an unusual shape. The face is quite broad just across the centre, and gradually narrows to the top of the forehead and point of the chin, while his neck is of uncommon thickness, and describes a semi-oval lToe from The base of the head to the top. tapering gradually to the crown, giving it a sugar loaf finish. He is evidently a man of the keenest perception, of great self-reliance and will, of the subtlest cunning, and possesses an organization capable of the highest measure of physical endurance. In his manners and movements he is quite graceful, indicating considerable culture, hut really the fruits of his varied experience and intercourse with all classes of men. No man could acquire any needed quality more readily than Brigham Young. He is eminent as a mimic, and often resorts to mimioing as his most powerful weapon in hurling his anathemas against the gentiles or apostates in his sermons. In short, I would put him down, after meeting him in his office and leaving him in the pulpit, as a most scienced imposter, angularly able, versatile, and unscrupulous, and -as one who seeks to hide his revolting, beastly licentiousness by deliberate blasphemy. I do not pretend to know the number of wives and children Brigham Young can boast *1 believe tliat no two writers have estimated them alike, and I have found no Mormon, in the scores with whom I have conversed on the subject, who professed to know. It is conceded, however, that he has some fifteen or twenty who are members of his household, and probably a score of others who are simply sealed to him as spiritual wives, so as to share his high crown in the future world. Even the dead have been wedded to him by proxy, to satisfy the anxiety of deluded parents, whlo wished their departed daughters to wear starry robes around the prophets in heaven. Of his living wives, who are subject to his domestic laws, the first, who was his lawful wife before polygamy was thought of as part of the Mormon faith, now lives in a pleasant, spacious cottage by herself, some distance from the harem, peopled with the fairer and more tender acquisitions to his family circle. She is said to be a firm believer in the faith, and accepts her position as a cross imposed on her to enhance her reward hereafter. I saw her in the theatre, along with five junior wives, who in turn succeeded each other in the favor of the prophet, and gave way in time to younger and fresher charms. Of all the so-called Mrs. Youngs I have seen, the lawful wife seems much the most intelligent and refined. The last one, and of course, for the present, the favorite, had a private box in the theatre, sported gay ribbons and furbelows, and seemed to look down upon her faded predecessors with the contempt they deserved. She is a niece of the first wife, and defies even Bigham's domestic government. She was tried in the harem, but her rebelious spirit threatened the subversion of all law and order there, and she is now quartered in a house of her own, beyond the range of the others. I do not, of course, credit all the revolting. scenes detailed as occurring in the extensive femily of the Prophet, but it is well known that the last addition to the wives hectors her annointed fraction of a husband in a most irreverent style, and storms the holy inner circle of inspired power with profane speech and violent pugilistic gestures. Although each one after the first has usurped the place of another, not one has been discarded for a successor without the keenest sorrow, and often only, after frenzied but fruitless resistance. I had much anxiety to see polygamy in the household, but have failed. Not only are strangers practically denied acquaintance with plural wives, but the subject is never a welcome one in conversation. I have talked with many Mormons who are polygamists, and in every instance when I asked respecting their wives, they responded as if I had introduced to them some painful and delicate scandal about their families. I found one who claimed, and I learned justly to have, two wives in one house, and all happy, but only one. In most instances each wife must have a separate house to hide herself from mutual humiliation and shame. To all who introduced the subject to me, I asked the question, "Did your first wife cheerfully consent to your marriage to another?" and in not a single instance could an affirmative answer be given. Mormon or Gentile, with one accord, they revolt against it They must cease to be women and descend into the scale of brutes, or even lower still before the wives of Salt Lake can voluntarily consent to such appalling degradation. One-third of the entire male population of Utah is now practising polygamy, and in Salt Lake City the proportion is larger. It hangs like a terrible pall upon the mothers, wives and daughters of the Saints. Not only those who have been enfolded in its slimy embrace mourn from day to day their hard lot, but those who have thus far escaped its pollution, know not how souu the spoilor may enter thoh firesides, and harrowing anxiety dim the lustre of ( their eyes and trace its shadows upon their faces. < A GREAT SPEECH. The speech of Hon. Richard T. Merrick, on the recent trial of Surratt, at Washington, is pronounced to have been a very able effort. A correspondent of the Baltimore Sun states that throughout Mr. M's "speech there were points of the deepest pathos, but none more so than in connection with Mrs. Surratt At times many of the spectators and a number of jurors were in tears, and Judge Wylie, who sat upon the bench, wept freely under the moving eloquence of the orator. When Mr. Merrick closed, his friends freely congratulated him upon the great success he had achieved.'' The fol- , lowing is the conclusion of the speech, taken from i synopsis of the Sun : "Mr. Merrick here referred to some remarks . Bade by Mr. Pierrepont early in the trial, in which , ae said that the trial would set at rest reports acout certain individuals, and it was promised that , iiv j?j nn.? .v ' ecords would De pruuuwu. t? ucic ai^ iuwc iC- | ?rds? They were brought here once and with- , irawn. Why was this ? Did they find at the end )f the record a recommendation to mercy for Mrs. Surratt, which the President never saw. Would j hat record have shown that access was not denied 1 he President ? Can the scene of that day ever be j brgotten. Priests and philanthropists went to the j Executive mansion to ask a respite for Mrs. Sur- ? att and access was denied. Mr. Merrick depicted < he visit of Annie Surratt to the President, when < ihe was denied access, and he asked who stood in y ;he way. Does the conscience of the Secretary of | War or the head of the Bureau of Miatary Jus- j ice now check them ? Or is it true that one who prevented that interview now sleeps in the waters >f the Hudson, and that another blew his own < brains out in Kansas ? Was there not something 1 behind this case? Is it not known that in the loiter House of Congress public accusations were brought against the Secretary of War, and Mr. Bingham and others? What has the Bureau of Military Justice to do with this case ? Andyet Judge Holt takes a deep interest in this case. The Bureau of Military Justice is a part of the Executive Department of the Government, and yet ha has been manipulating the witnesses? Why all this? Judge Holt has certainly lost his discretion in thif pttr.. . ?a -J} Y-'-i srnt In continuation, Mr. Merrick contended that the Bureau of Military Justice knew of the falsification of much of this evidence, and-has withheld it from this court Mr. CarringtoD, too, has torn the very cerements of the grave and brought Mrs. Surratt here for trial Is it not enough to tiy-the living? or will the prosecution tot the Gnome, and tear the corpse from the grave and hang it also ? Mrs. Snrratt is here, and her presence hafheen felt Itis present ahrays with Judge Holt, Md he cannot bid the spirit down ; and when they come to stand before the bar of God, Mrs. Surratt will then appear against Judge Holt Mr. CamhgtOu said the members of the Military Commission were denounced as murderers. Hot so; he (Mr. M.) did not denounce the oommissioti, ?W*foTC*1 the court was declared illegal; but h$ did denounce the men who stood behind, and who suppressed material frets, and would not let the diary Jje known. .. v-.They proved the toothpick and the spur, bu^ppt the diary, and now they bring the diary to commit another murder. And now will the prosecution try the dead as well as the living? A priest-was put upon the stand, and he said be gave Mrs. Surratt tho consolation of religion. He was not permitted to say what Mrs. Surratt said. Tottering to the scaffold between two priests, with the world L.li.J 1 J .J It? I--f I ? ? < ? ' uciuuu uct auu eveningf (Jtuoro HOT, Utt DV tOAd of gailt laid at the feet of her Saviour, why ma not her declaration admitted? . t Did they fear sh? would lie? No; bat hardened of heart, reckless of guilt, and indifferent of justice, they would not let her voicp be heard. But still it Ma upon their ears, thatvoioe of the woman in a nameless grave, whose very body has been refused to a pleading, heartbroken daughter, who has begged for it for two years, that she might plant a flower and drop her team on the gtata.? Bat the District Attorney says that Surratt fled, and flight is an evidence of guilt, and it it said he deserted his mother. He did not know his mooter's extremity until after she was hung, or about that time. Flight in Barrett's case was no confession, for under the circumstanees (Mr. Merrick argued) any man would have fled, as power had usurped the place of the courts of Justice. In this trial, Mr. M. said, some allusion fad been made to the Catholic Church in connection with the trial, aud he proceeded to defend that Church from the accusation that had been brought against her. That Church, he contended, taught obedience to authority, add the good faith of that Church was evidenced when the Pope and Cardinal Antonelli gave up Suratt at the demand of this government The Catholic Church is on the side of mercy/ It protectsthe fleeing criminal whenhe is believed to be innocent bat it gives him up when a presumption of guilt is raised.. The District Attorney asked the jury to vindicate the loyalty of this District by a verdict of guilty. r (Mr. M.) asked them to be loyal, bat loyal to the constitution and to their own consciences. There had been blood enough shed in this country, and It was now time that the flow had ceased. No man had a greater horror of the crime that resulted in the murder of Abraham Lincoln than himself. Already four have been hung, and others aresuffering. Three years ago there was in this city * happy household sitting beside a bright household fire. There sat a mother and a sister just budding into womanhood, and beside them a young man just reaching manhood. He would have the jury remember the changes that have come over that scene. The bright fire is extuignistied; the mother sleeps in a nameless felon's grave, the daughter, burdened and broken-hearted, drags oat a wretch-, ed life, and the son is here before you on trial for his life. May Almighty God so gdide your judgment and enlighten your donviCthms that the remembrance of the day and your verdict may hereafter and forever be a sweet and pleasant recollection. I thank you, gentlemen, for your hind attention. ^ . Disease Produced by Slxxpimo Together. ?During the night, says'a writer on hygienics, there is considerable exhalation from our bodies, and at the same time we absorb a large quantity of the vapors of the surrounding air. Tiro healthy young children sleeping together win give and receive healthy exhalations; but an old, weak person near a child will, in exchange - for health, only return weakness. A sick mother near her daughter communicates sickly emanations to her; if the mother has a congh of long duration, the daughter will, at some time, also cough and suffer by it; if the mother has pulmonary consumption, it will be ultimately communicated to her child. It is known that the bed of a consumptive is a powerful and sore source of contagions, as well for men as for women, and the more so for yOdng persons. Parents and ftiends ought to oppdee as much as in their power the sleeping together of old and young persons, of the sick or the healthy. A Remarkable Invention.?All the processes for preserving the bodies of the dead now in use are likely to be superseded by a newly-invented burial case, by means of which the remains of a deceased person may be kept unchanged for an inrfofinita nericd. The value of this discovery lias been fully tested at the Bellevue Hospital, where, under the direction of Professor Doremus, a corpse already commencing to decompose was placed in one. of these cases, where it remained unchanged for forty days. At the expiration of that time, it was exposed to the air, and np to the present period (thirty days from the date of exposure) the body has been thoroughly preserved from decomposition, no smell being perceptible. New York World. The Distance to San Francisco Overland. ?The distance from Philadelphia to San Francisx>, by way of Chicago, is three thousand three iundred miles. If a train should run at the rate )f twenty miles per hour, including stoppages? ffhich is perhaps the average rate on rail roads in his country?it would require a little less than 1 .l.'.l. ?Via Jisfoiuui A a fnii seven aays to uwumpuou mo i.in.ouw .v. grades, the traveler will ascend from the level of tidewater at Baltimore or San Francisco, to a height of eight thousand two hundred and forty:wo feet, or over a mile and a half A Conflict or Races.?Facta show that we ire fast tending to this point, and it were well for poth whites and blacks to consider and weigh the esults of such a conflict As circumstances are now progressing, we behold with a conviction which no irgument can weaken, with a vividness of peroepiop. which no effort of our own can soften, the sertainty of an impending conflict between the white and the colored population of this Country? he nature of which it is as easy to foresee as it is [fearful to contemplate.?PAiZaci?^Aia Agt. ^ | | ? a---fiLs' iiL-i ^,n_ An .Kngiuuijmy imoBcmw uw>?jun?u?d a Hat, a ?? thief and a aooundfel, entires a gentleman to $16,000 damages. m i ?