The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-08-15

sisted their verdict on the ground that though Roy had
no. a ke9 ~ % ne was GeRsegaS Sns5ae1eL aq
the waysO these people may desire you commit these
him in sneeng manner by OF the counsel Don Carlos
de Esbaiia Consul Of her naety Isabella Spain
calls damned Irish son Of Bitch whom he will off one
Address OF M. Hlo'ato3a, u s. attorney
Shortly before O'Clock MI Hunton rose and made the
concluding Argument for the Prosecution, which we
proceed to give UerbatfH;
faded with this most abOnOus Investigation,
word remark but suppose you have right to call
on me- as an officer Of the General Government 70 express
Ihsye attended this examination from day to day for no
other purpose than simply arrive the truth aehOod
Of the charges alleged against the accused had resolved
o which my mind had aTived-no matter what they were
Invested myself Of every feeling Of prejudice sly
had hoped that the Consul might show that the charges
brought agsins! him We're pntounded desired tins 9r
reasons he was stranger coming emongstus eecred
tied gentleman and representative OF foreign govern
progress Of this examination he has oOnpofed himself with
he stIiete FEELINGS q Propnety Because be was he age
smty 81, also ioT ne psasf Rpd Ispose q soe5sy YVES
have been that he should himself from these inn
putatOns am more anxious still 70 uphold the laws and
Let refer briefly the circumstances of your con
nee IGN qud mine with ms matter before us-lt IS proper
received an official note fo Judge Bright that my presence
against private individuals accused undera law Of the State
aeeli3e 70 attend came however on the day appoiP
Carlos De Espaha produced his eTequGtaF Spanish Consul
eet mi he bimssf All 81 on foo eoSEye copeoc and
hnaiy eonsgmmate plan to remove man rom the potee
y made b. citizen Of the Unied States he urged that the
and o. them appeaTsd s5S dS9ired 6ats agaie
Of The United States Be called M You SIR were sent iqf
Ehs lnquiy s5en commenced aud i was agreed a al The
witnesses N relation 70 ne Consul aa vel as the oihsf par
the testimony Ear the Consul was concerned. and a.
matter Of aonyenenee a. the same time judge Bnght
aoceded tothe investgatDn and now desire to
ssy with all The Teponsbly Attaching 70 me officer
justify and vipdieate Che property OF these proceengs
OF faIe was due that should be bad and should be
fecreant to my trast If had not given you ali he aid 10
my power dining the progress Of this trial, Go.
lain t6at Cons9l e ibs Avs Of he eo6ptry ia
tvhicf thew reside GacondIv uuar orr neeulisr
sIntions Federal Courts have jurisdiction exclusive Of
state Cop5ts over az cases affecting the nights OF Consus
and shall then after "a ng rapid survey Of she testimony,
do pot propose 81 this stage to enter into any elaborate
discussion Of the ccumstanoes appegtaning to the
ings gratfy-I have no professional desire 70 &c me on
care ony 70 ascnaIgs me autles asslgned 70 me- AND
orney 70 make appeals to the passions ct the Court or the
oTs pTomS9 tbst Cannot e1ivs he Vs65a i With funny
anecdotes aoy 1d.h stories butshali speak right on
that Copsuls are ameuable 70 the laws OF The State in which
1
yes fther ssveTeigns occupy different position and that
.Onthis suhjee win refer you To- Kents Commeutaries
s s8 bs I IA W. 5as 81 bSt s gs
ton Of the nltad states, art 3 sec 2Hkefge Kent a,
have exclusive juTsd eOn in the matter alluded 10 And
50 we are not also without authority sdude9 ed
weahgs. Ksusof- and RaSyle's Reports, page
us where n tlopsnI In PennstvaSs eb9faed Win rane
was brought up before the State Coust which decided that
nsted b ana nav SfIscf M pSbj, nSae and ooev
sometimes entrusted with delicate tuncOnsad by their
eminent migt be Involved in difficulties It was proper that
Tie Federal Courts alone should nave jurisdiction over eai9
hSGd say 4 t9at after e es5hmg t5s p0P9Oa o. 6s
arises which is not entirely free from difficulty l. Of
fence against State law oognlzabe in the Federal Courts
viii admit the general doctrine that the Federal Courts
Rut contend also that By the Judiciary act Of ls9 Sec H.
nizance Of all offences cognzabe under the authority Of The
yRed States and az the law provided t9t Celsns shop
eFa laws and that the Federal Courts should have exclusive
the statutes would give 10 the Courts Of the United State
tas power 70 punish io Hl9son Of Ine sfse any
Fasrs BaI If de country foP an esnee seaint stats
laws let inquire INTO duly as magistrate OF the
United States, in the under consdeTeuGq Fase I'm,
the state Of Louisiana make the offence of assault and
battery and false imprisonment nsenean0F ana SUBJECT
the offender 10 Duuhment by hhe and imprisonment Nor
will be disputed that all persons giving aid eoUntenanes
in any form to such Ofsnce whether present or not are
be treated pIncpas-that cannot be denied. Then
let us inquire by what standard yourjudEmen msgs.
rste mnst be regulated, holding examinatOn Of this
kind II is settled in forms OF proceedings that Federal
Courts conform 70 cpmmon law then let what
your duty is--COnkn,s Treatise on jurisdiction Of Federal
Courts pages 81 and 395. Then sir If governed By
S COMMON 4tb Backs,oas 5 II You are Of opiuo5
If il IS manifest that abduction has oocured If II has
occurred, and the Consul was not concerned therein you
suspicion are in your mind his Innocence not INSIDE
clearly manifest that he who runs may read, then il will be
your duty 10 bind him 0VetO appear the Circuit Court
ia If State Ia Rns,yer an charqe fgf NAV he rpurhi
| against him BY a grand jury in the premises
II cannot be imagined for moment that It manifest
was not patty to it, but woud b5 doing violence 10
truth Il not 10 admit thai my mind is not alto
getheF free from doubt and othcahY Because, during the
progress Of tbs tuaii snch deeP Hnd damnng pequnes
have beef. committed side the Oler--and ies
even subonafOn-that have been positively eontoupded
have been Tilted and Unpublished at this exhibition. and
III the rsekeness with which the ty Of Oihs has been
voaied No opportunity has been afforded 10 test the ey
depce. and whilst we ave satisfied thar there has been false
swearing we are certain who is the guilty party
Whilst however must say that If the accused parties are
innocent OF the charges alleged against them they hayl
been surrounded by combination of ccumatanees such al
have rarely happened must also say thAt mere Is an
avaanchea perfect mountain load Of doubt, which eoun
sell with be4 ingenuity have 70 vain epdqaYoJed 70 re-
mOve-suspieiOus dark and terrible which myself have
futessy underworld to solve il proper should speak
Of suspicious 1.-THE accused IS not on al where doubts are
be consulted IN favor Of the prisoner mol Unless you
are snspio well grounded as they appear YOU cannO
discharge the prsOner yop cannot pronounce on his nno
fOreiby struck That which had most influence ms
nina and led y believe the changes true u.s. that Reg
Z not hsie Why Is BE- not here Why has he not peer
bought upon ths stand g wtnesl Gentaule9 viii say
that he IN Havana. That n not b sufficient answer
Even peDn knnWs that ila l0niDi eQnd have sa aaaRi
u mafea' p Rag9 ilap'al hf #RbdseeR Raiaf Aee9aIa