whether in your position, acting for the public prosecutor, it is in your power to urge on the cause. I presume all the power is with the District Attorney. When I receive your answer, should it be to that effect, I shall endeavor to get the District Attorney to bring it on; and if he does not do it, I will endeavor to get an indictment from the Grand Jury against him, under the same statute, "for willful neglect of duty as a public officer." I await your reply. Your most obedient, ARTHUR T. JONES. WHITING TO JONES. Oct. 17, 1855. A. T. JONES, Esq., DEAR SIR: I know of nothing now to prevent my trying the Carlin indictment at any time the District Attorney may bring it on. At the next term I may be prevented from doing so, as the Baker case may find me so employed that I cannot do it. There can be no difficulty, however, of procuring other counsel, if my actual engagements prevent my personal attendance. My counsel, J. R. Whiting, Esq., informs me that he knows of nothing now, to prevent his trying the case of Thomas Carlin, at any time you may order it on. At the next term, he informs me, the Baker case may find him so employed that he could not do it. As the motion to quash was argued more than a month since, and the Recorder having delivered his opinion on the 13th inst., refusing to quash the indictment, I respectfully call your attention to the case, and hope it will meet your views to have it tried at this time. Your ob't serv't, ARTHUR T. JONES. I waited till 29th October, and received no reply to this letter, Having ascertained that the Sessions had adjourned to November, I was resolved not to wait any longer for Mr. A. Oakey Hall. JONES TO HALL. 115 BROADWAY, Oct. 29, 1855. A. OAKEY HALL, ESQ., SIR: District Attorney, &c., I respectfully desire to know if you will now name a day for the trial of Thomas Carlin? The case referred to, is for Wednesday, November 7th, first day of term. Mr. Whiting's engagements in the O. and T. prevented his attention to it earlier, since the Recorder's judgment. With gr. respect, A. T. JONES, Esq. Your ob't serv't, A. OAKEY HALL. It seems that Mr. Whiting did not know what he was saying when he wrote to me on the 17th October, or else Mr. A. Oakey Hall knew Mr. Whiting's business better than Mr. Whiting knew it himself. (?) If Mr. Hall had not named a day, I had fully resolved to go before the Grand Jury, to see if I could not oblige him to do it. As a Frenchman once observed, under peculiar circumstances, By Gar, I do now begin to soospect." I began to suspect, that all who control the administration of justice, were no better than they should be, and I began to feel a slight irritation towards his "Excellency," the Governor of the State of New-York. I wrote to him. 66 JONES TO CLARK. NEW-YORK, Oct, 30, 1855. HIS EXCELLENCY MYRON H. CLARK, SIR: Governor of the State of New-York, I have waited for your decision, in the matter of my complaint against John Orser, Sheriff of this county, till my patience is nearly exhausted. The evidence has been in your possession since July last. On the 24th of that month I addressed you, stating what, after careful consideration, I deemed to be good and sufficient reasons, why the case should be decided with as little delay as possible. Not hearing from you; on the 13th September, I directed my counsel, Richard Busteed, Esq., to call on you, which he did, and reported to me your reply, as follows: "I wish you to say to Mr. Jones, from me, that they (alluding to the papers containing the evidence) will receive my attention, and that he will hear from me soon about the matter." After waiting till the 10th inst., I addressed you again, and am without a reply. Perhaps the Governor of a State considers it beneath his dignity to answer communications from a mere citizen; but when he is respectfully addressed, by a person not asking favors, on a subject not involving pecuniary or political interests, but a principle connected with the rights of the people, who have elevated him to his high position, I have yet to learn the propriety of his refusing to extend that courtesy, which is due from one gentleman to another. The evidence (which has been in your hands more than three months) is not so voluminous that it cannot be examined in one hour, as well as in a year's time. If a great wrong has been done to the people of the State of New York, why should it not be redressed without delay? If the complaint is not well-founded, and the evidence is not sufficient to sustain it, why should the accused remain under suspicion a day longer than is necessary to relieve him from the charge? I take the liberty to say, that it is not doing justice to either party. You once said to me- "Mr. Jones, I am not a lawyer; but I have been a Sheriff, and I know his duties." You should then know whether John Orser has broken the law, or not; and it is your duty to hold him accountable if he has. If he has not, it is equally your duty to acquit him at once. I shall not address you again on this subject; and I trust that no further action on my part will be necessary to obtain a decision in this case, without any further delay. Your ob't serv't, ARTHUR T. JONES. I had made up my mind that if Governor Clark did not decide this matter before the first of January, (the time for these Sheriffs to go out of office,) that I would impeach him before the Senate of this State. There is no man in his official capacity who is not amenable to some "higher power" than his own. Some of these officials are amenable to the Grand Jury, some to the Governor of the State. The Governor is amenable to the Senate of the State. The President of the United States is not secure from impeach ment before the Senate of the United States; and they are all accountable and amenable to the people, and every man is amenable to God! GOVERNOR MYRON H. CLARK TO ARTHUR T. JONES, ESQ. [I desire to call attention to this elegant production, emanating from his "Excellency," as I shall make some reference to its subject matter hereafter.] ALBANY, October 31st, 1855. ARTHUR T. JONES, ESQUIRE, New-York, DEAR SIR: I have the honor to acknowledge the receipt of your polite and respectful letter of yesterday. Your favor of 10th ult. was also duly received. The case alluded to is one of much importance, and I desire to give it due consideration. It has not been neglected, nor will it be. Respectfully, Your ob't servant, MYRON H. CLARK. As his "Excellency's" autograph is very rare with me, I positively assure my friends, that I will not dispose of it for a less price than a "York shilling." JONES TO WHITING. 115 BROADWAY, JAMES R. WHITING, ESQ., DEAR SIR: I have been informed by the District Attorney, this morning, that the trial of Thomas Carlin "is for Wednesday, Nov. 7th, first day of term." I trust that you will be ready on that day to try the cause; and |
