The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-08-08
FRoM TIE AMERICAN CITIZEN.
UNITED STATES

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WILLIAM SMITH.
Friday morning. July %. The court met
puriuaut to adjournmen, prefent, Judge Tall
madgr.
49, E, JURORS SWORN.
5oA'n Sailiaan, John A. Forte,
John Ratbbone, iunr. Iapes Maferton,
Lewis c. hnmerly, SCHUYLER Livingston,
Cour'lsadt Babcock, Henry Panton,
.Joon r. HaT, George Fornan,
GouIdt HoN, Augufus yyvpcoop.
The ditri6t Attorney op; ned the cafe. He
Rated that the defendant was arraigned under
asact of Congrefs paiIed in 1914, entitled {. an
al in addition tothc act for the punihmcnt of
Certain crimes aganit the U. S." The fifth fec
t,op OF th,s act, which he read to the jury, or
etTs " Y PsFi5i f & al, within inc
terrfory or jurifdetion of the U. s. begin or fet
on foot, OF i,rovidc or prepare the means for
any military Expedition or enterprife to he car
ried on from thence agaiDft the territory or do
mln'ons OF any foreign prince or fate with whom
the u 81. are at peace, every fuch perfon fo of
tending Hall, upon conviction, he adjudged
guilty ct 4 high mifdemeanor, and fhaI filfer
hne and imprisonment at the difcretion of the
court in which the conviction fhall be had. 70
as that fuch fine fhall not exceed three thouflnd
dollar6, nor the term of imprisonment be more
than three years" The duration of the act was
originally limited to two years, but it has fince
been made perpetual,
Having traced the origin and progrefs, and
explained the object of the expedition, namely,
the inva6on of Caracas, the territory Of "a.
tion with whom we are at pence, the Difria
Attorney aninadverted on the enornity of the
offence with which the defendant food charg-
ed, and the difficulties in which fiich enterprif-
es were calculated to involve the u. s. Speak
ing OF Miranda, as connected with the accura
ton againtf the defendant, be reprefented him
az native of Caracas, the territory of Spain,
IN whole military fervice he had been. A-Mir,n.
da, he faid, had alto ditinguilhed himfefin the
revolutionary armies of France, whence, hnw
ever, IN diigrace, he had pallrd over to England,
where, under the aufpices of that government,
ne had planned the hottie expedition, and in
December 1904, arrived in the u. S. TO carry il
into effect. The jury would perceive that an
expedition Of the haiure os the one in oneaion.
was extremely audacious and altogether incom.
patible with the peace and foyereignty of the
United States. Government alone can deter
mine on war and peace, and when the nation is
at peace with foreign power no Individual
citizen could pretend TO the right of wagirg
war againf il. With regard TO the defendant,
he would lay before the Jury teaimony to
prove, 6rR, that he had begun and fet on foot
within the territory of the United States mill
tary expedition or enterprlfe fecoRd, that he
had provided and prepared the means for the
military expedition, and, laltiy, that the mill.
tary enterpriie was to- be carried on from thence
againt the territory of Spain, with whom the
u. S. were at peace.
Samuel G. Ogdcn, EsUora.
Do you know Col. Smith?
Yes.
How long have you known him
have known him as gentleman 8 or years.
Have you ever ieen bin aud Miranda toge-
therl
Not lately faw them in the month of Janu-
airy laa.
Did Smith introduce Miranda to you?
lie did.
Is Miranda a citizen
believe he is.
What was the objed Of your meeting with
Miranda
Col. Smith introduced Miranda to me asa
man ofJeienee.
Did you ever hear Col. Smith FAY any thing
about the Leander expedition, aud what did he
fay!
IL the quetion has any relation 20 the charge
sgainf Col. Smith in the indictment, will not