The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-22


urged this matter with the view, among
other things, of "ref1ecting" on the late
Administration. We are of opinion, on
the contrary, that Mr.. CLAYTON, in his
lucid and mastery exposition OF the
case, has treated the late Administration
with much more leniency and delicacy
than they deserved. 1t is certainly Gre
| Election" on the late Administration to
suggest that they violated constitutional
law; to prove it by the production of the
law and the judicial decision upon it is a
still more severe ''rehection." We in
tend to ''refect" upon Mr.. Mason. We
intend to show that he has been guilty,
| through ignorance or carelessness, of what
our laws denounce as crime, and visit
with penalties of fine and Imprisonment.
The Union may possibly begin to suspect,
before the subject is disposed of, that
it would have been quite as well for the
opposition to have suffered it to rest on the
correspondence of Mr.. CLAYTON, as to
have made it matter of grave accusation
and abuse against General TAYLOR.
| In 2 Dallas's Reports, 32l, we find a
very full report of a case tried in the cir
cult court of the Pennsylvania district,
before Mr.. Justice PATTERSON, in 1895,
on an Indictment against Etienne Guinet,
for misdemeanor in fitting out and arming
Les Jameaur (The Twins in the port of
Philadelphia, to be employed in the service
of the Republic of France against Great
Britain, both powers being at peace with
the United States. The indictment was
founded on the Sd section of the act of
1884, which provides punishment of fine
and Imprisonment for any one who " shall,
within any of the waters of the United
States, fit out and arm, or attempt to
fit out and arm, or procure to be fitted
out and armed, or shall knowingly be
concerned in the furnishing, fitting out,
or arming of any ship or vessel, with in
tent that such ship or vessel shall be
employed in the service of any foreign
prince or State, to cruise or commit hos
tilities upon the subjects, citizens, or pro-
perty of another foreign prince or State,
with whom the United States are at
peace"
The proof was, that the vessel arrived
in Philadelphia, mounting four guns and
two swivels, with cargo of coffee and
sugar from the West Indies. She had
originally been British cutter, and had
ten portfolios on each side, though only
four were open at this time. She was in
a rotten state, and was taken to a ship
yard to be repaired, where she attracted
the attention of Government.
On examination it was found that her
tlcenty ports had been opened, her upper
decks changed, and four iron guns on car
riages, with two swivels, were lying on
the adjoining wharf A report on the sub
ject was made to the Secretary of War,
who directed that all the recent equip
ments of warlike nature should be dis
mantled, and the vessel restored to the
state in which she came in. She left Phil
adelphia with only the guns she brought
into port; but it was in proof that she came
to at Wilmington, where she received on
board from a pilot boat three OF four carriage
guns, and two or three hogsheads contain
ing muskets. The pilot boat returned to
Philadelphia for the purpose of transport
ing, among other things, six guns without
carriages, lying on a wharf there; but be-
fore the shipment could be effected the
marshal seized the guns and boats, and APP
pretended the parties. Guinet was clearly
| ibIntNNtu WIFI lilt ldllNdNllOD, NY DIOOl
satisfactory to the jury of an efficient agen-
cy in the equipment Of the vessel. There
was no proof of any intent beyond that
which was TO be inferred from the facts
On these facts, under the charge of Mr.
Justice PATTERSON, the case was submit
ted to the jury, who returned verdict o.
guilty. From the charge we copy the ma
terial passages
r Much has been said upon the construction o
the third and fourth sections Of the act o. Con
gress; but the court is clearly Of opinion, tina
the Sd section meant TO include all cases o
vessels, armed within our ports by one Of the bel
ligerent powers, to act cruizers against anothe
beldgerent power in peace with the United States
Converting ship from her original destination viii
intent 20 commit hostlities; in other words con
verting merchant ship into vessel Of war mus
be deemed an original outfit; for the act would
otherwise, become bugatory and imperative. IL
the conversion from the peaceable use TO the war
like purpose that constitutes the offence
The circumstances clearly prove a conversion
IL. n ~ Il