Harris County Jail, Houston Tex.,
July 12, 1926.

Hon. O. R. Luhring,
Ass't US Attorney Gen'l,
Department of Justice
Washington, D.C.
 

Dear Sir:

I am in receipt of your letter of the 8th with reference to my telegram to His Excellency the President, of which I enclose copy.

While I thank you for your courteous reply, it is obvious that your Department could have no authority in the matter, as I am not a Federal Prisoner. In fact, I did not apply to His Excellency for executive clemency, although the word "official" in my telegram might have proved misleading.

On reading the telegram, I find that other sentences might prove misleading and I desire to correct herewith any wrong impression which may have derived from my wire. I applied to His Excellency, because he was Governor of Massachusetts at the time of my arrest in 1920 and he knows everything that pertains to my case. He is familiar with the attitude assumed by J. Weston Allen, then Attorney General of Massachusetts and with the motives which prompted said attitude. The President possesses both the official and unofficial knowledge which are necessary to determine whether or not, after accepting and serving a Federal sentence of five years, it was fair and just to prosecute me further.

What has been back of the court proceedings in my case, is no mystery to me. I know certain intrigues as well if I had witnessed them although I might possess tangible evidence. The President is even better informed than I am. A word from him, placed with his inside knowledge of the the persons better qualified to receive it, would put an end to all my troubles.

Unofficially, the President is in a position to know that I am being persecuted and may be inclined to disapprove of such persecution. Officially, he is in a position to require of the State of Massachusetts a better observation of our constitution. The records in my case, some of which are in the files of your Department, show:

1. That in 1920 I was charged by the Federal Government with a misuse of the mails. That I pleaded guilty to that charge and received a five year sentence which I served in full. That my application for commutation of that sentence, although supported by favorable reports from the US Attorney, from the Jail Physician, and from the Warden, was unfavorably reported by former Attorney General Daugherty and denied by President Harding. That a reconsideration of same was refused by President Coolidge. That my application for parole could not be considered because of certain indictments which were pending against me in Massachusetts. That I was petitioned into bankruptcy and given none of the immunities which are usually extended to bankrupts.

2) That in 1921, while a Federal prisoner, the State of Massachusetts attempted to place me on trial on the state charges. That its right to do that was fought up to the US Supreme Court and sustained by it. That in 1922, since my state trial was unavoidable, I asked by motion to be tried upon all of the indictments pending and the motion was allowed with the concurrence of the prosecution. That when I was finally placed on trial the state government elected to try me on twelve indictments and my objection overruled. that I conducted my own case and was acquitted on all charges. That the state declined to dismiss the other ten indictments or to give me immediate trial. That same were purposely kept pending so as to prevent my release on parole from the Federal sentence.

3) That in 1924, upon my release from said Federal sentence, I was taken into custody by the state of Massachusetts and released under $14,000 bail. That I was tried on 5 of the pending indictments with the result of a directed verdict on one and a disagreement on the other four. That the other five indictments were nolle prossed. That again I was placed on trial in 1925 on the four indictments and convicted. That a sentence of from seven to nine years was imposed upon me which I appealed to the Supreme Judicial Court of Massachusetts.

4) That in November 1924, after my second state trial, the Dept. of Labor initiated deportation proceedings against me on grounds which did not warrant such proceedings. That the proceedings were kept pending while awaiting the outcome of my third state trial. That the said trial apparently furnished a better ground for deportation.

5) That in the Fall of 1925 I went to Florida to earn a living and that the state of Massachusetts immediately attempted to revoke my stay of execution. That in 1926 I was indicted in Florida on a technicality involving a license, tried and convicted. That a sentence of one year was imposed upon me, from which I have appealed to the Florida Supreme Court. That the US Attorney caused me to be arrested in Florida on a charge of misuse of the mails. That, after a lengthy hearing, the US Commissioner declined to hold me for the Grand Jury. That the Postmaster General issued then against me a "fraud order".

6) That the Supreme Judicial Court affirmed the judgment from which I had appealed. That, instead of returning to Massachusetts to begin service of my sentence, I decided to seek refuge in Italy and obtained employment as a waiter on board of an Italian vessel in Tampa. That I traveled on that boat to Houston, Galveston, and New Orleans. That on my arrival in New Orleans I was arrested on board of that vessel by a Texan Deputy Sheriff. That I was brought to Houston forcibly and under protest. That the state of Massachusetts has sent requisition papers for my return. That I am being held in the Harris County Jail pending disposition of the extradition hearings.

I don't know of any more amazing record than mine. Perhaps you don't know of any other. Perhaps, the President has never heard the like of it before. Yet, I have borne my trouble without more than a mild protest now and then. But, as I wired the President, I cannot silently submit to further persecution. I must voice my protest, regardless of the good it may do me. Humility and docility have never won me consideration from my prosecutors. There does not seem to be any end to my troubles. So, I decided to send a wire of protest to the President. I sent wires to premier Mussolini. I sent wires everywhere in the hope of enlisting sympathy and assistance.

I wired the President that my case had assumed the proportion of a national scandal fostered by Massachusetts with the forbearance of the Federal Government. Such a prosecution as the state of Massachusetts has conducted against me, is not credit to that state, is no credit to the union. A state might have a perfect right to exercise its sovereignty, but such an exercise must not savor of abuse of power. If this persecution is a Massachusetts scandal it is a national scandal. The state of Massachusetts has influenced the action of the Department of Justice in the matter of commutation, of the Department of Labor in the matter of deportation and of the Post Office Department in the matter of the "fraud order".

My enemies, whoever they are, have enough power to use Federal and State governments for their sinister purposes. That is a national scandal and one of which the President could take cognizance. But, being versed with conditions, political conditions, I mean, I will not ask for an executive investigation. I am not anxious to disturb the administration and the harmony of the republican party. All I ask for is to be deported. It is apparent that I am not wanted in this country. I am not sure that I want to continue to live in a country where justice is denied to me. Then, why couldn't the President intervene in the role of the intermediary and obtain me what I ask and a solution which ought to satisfy everybody ?

Having written this long letter, which, I realize, is a terrible punishment, I want to ask you to transmit it to your immediate superior, Attorney General Sargent, for further transmission to his Excellence the President. Sometimes, matters which appear to be of very little consequence, are more serious that we think and I am sure that this case, with the publicity which surrounds it, cannot be treated otherwise than as public opinion demands. I may say on this subject, that public opinion is not always faithfully expressed by newspapers, nor bankers, nor politicians. Public opinion is what prevails in the streets and is later expressed in the ballot boxes.

Regretting this imposition upon you and thanking you for a transmittal of the same into the hands of the President, I am

Respectfully yours,
(signature)
Charles Ponzi.