The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-23


carefully the whole of the proceedings. He had
been anxious that the Spanish consul might excul
pate himself, for he was gentleman OF high stand
ing, who came among us accredited as the repre-
sentative of great foreign government, with whom
we upon terms of amity He had been anx-
ious that he should prove the innocence of the
charge, because he DESTROYS that the peace of
society and the supremacy of the laws should be
sustained.
In explaining his position before the court, MIR
h said that, whatever might be the result of this
examination, he took the responsibility, and felt
that II was demanded by 5oCiety-it was due 10 the
consul, and it due TO the national honor of our
country, that the examination should have taken
place. He would call the attention of the court TO
two points which were pertinent to the issue: LIST.
That Consule al.lenable to the laws where they
reside; ID That under our peculiar system of ju-
risprudence, our federal tribunals have exclusive
jurisdiction the State courts in affecting
consuls. lie should, after rapid survey of the
testimony, then show the court what its duty
magistrates of the United States and its citizens.
Mr.. IL. then read from LIST Kent's Com, PIP. 43 and
A; Sd Story's Com. on the Constitution, p. 522,
and Rawe ON the Const., p. 2O3, for authorities
cited by Story sustain the first proposition. In
passing to the second proposition he cited Const of
the United States art. 3, =, which gives Ia the
federal courts exclusive jurisdiction in regard TO
offences crimes committed by consuls. He again
cited the same authorities, Kent, p. 40, and Sd
Story, 623 Mr. H. referred the court 10 the of
the Commonwealth vs. Caseock, 5 Rawle, who
a Russian consul, and was indicted for rape. He
was brought before the supreme court OF Pennsyl-
vailia, and il decided by the Judge that the
Stale had authority, and that the federal court
had exclusive jurisdiction.
| The general doctrine that the federal courts
have only cogniZanCe of officers created by the
statutes of the United States. He of opinion
that from the 18th section of the act Of Congress of
1859, the federal courts have cognizance of offences
| committed against the laws of States. Ii not
disputed that assault and battery and false impri-
sonment was an offence punishable by fine and Inn
prisonment, and that all accessories We're amenabe.
The federal courts were governed in their forms by
| the common law, to which he would refer. He
cited Conklin's Treatise Federal courts p. 1876,
| and Blackstone, 4 vol. 295. Ii clear that
| offence had been committed and that one side
other deep and damning perjuries had been COM
united. There was mountain, sea OF suspicion
which he had in vain tried To clear up-to remove.
He would recur 10 the facts of the case. He here
summed up and bore upon the documentary evil
dence and the testimony showing the strong suspi-
cion that prevailed throughout the Every
| thing connected with the voyage seemed linked
with falsehood, false passports, false crew lists, and
| false clearances. Laughter The whole affair is
enveloped in cloud of talsehood and mystery.
When we call upon them 10 clear up the mystery,
| (Which is in their power,) and beg them for Gods
sake TO aliay the excitement and quiet the alarm
excited by these suspicious, they answer: Humbug!
1t is all humbug! When they are called upon to
| explain the mystery about these letters, and TO
| show the letter which called forth the answer of
| Sandoval, they say, 90 Oh, can't" He would
not have the court examine this case jury but
|
ton in ordinary cases. He would try consul as
he would try member of Congress The court
| should not rely upon suspicion, but we would say
| that enough had been proved to require bail from
all the parties To commit them 10 prison.
Mr.. Fl. then took up the prominent features of the
case, and argued on the facts. Ii was not reasona
bic that Rey would be anxious to return to Hava
ma, after having effected his escape under the
| known circumstances IL was not controverted that
the consul had received orders from the captain
general to send Rey back; it might be inferred,
then, that the consul had something TO do with it,
| Trescazes's testimony was conclusive; IL had not
been lmpeached The consul was not punishable
for having made the offer custom house officer
(Trescazes,) but he deserved for il a stern rebuke
| The consul had asked for violation of law
This was not ALL there was evidence of the fact of
the corpus delicti, that Rey taken board the
vessel. MIR! II. here dwelt on the testimony and
character of Rogers, who had sworn that he was
employed 10 put a stubborn man on board the Mary
Ellen. He said he did it-he he did il; and
although every effort made, his character could
not be impeached He thought the gentleman point
ed out 10 him was not sailor, [great laughter, !
but he took hold Of him by one arm, and helped to
carry him down to the vessel, and, have seen,
launched him on board. If he had been disposed
To falsely, he would not have told you that
the man resisted; he would not have told you he only
got six dollars; he would have said he obtained q
8 high price. Orion corroborates his testimony as
well as Smith. How does the defence attempt &c
meet this testimony? Ii is not by evidence, but by
defamation. Ii was true they had brought up the
-: |
: contradict a single part of the testimony.
He Contended that Rey not the man who had
been put on board the Andrew Ring, but intimated
that il was individual who had lately committed
bank defacation here. Mr.. Robinson could not
identify the man who came on board that dark
night Mr.. Colens here interrupted Mr.. II. by
stating that Mr.. Robinson had sworn that he had
seen him come on board. Mr.. n here became very
much excited. 81 would not believe Mr.. Robinson
il he said )" but he would not allow his feelings
to get the better of his judgment, and he would
therefore drop the point. He desired TO argue the
case dispassionately and without prejudice.
In concluding, Mr. II. said he did not ask the
court to cast any faint the character of the ac-
cused but he asked that they should be sent before
another court One good would result from this in.
vestigation- will show foreigners that do not
initiate their manner Of arresting criminals; il vii
show them thu hey canpot violate our laws with
impunity; anu ACnever henceforth foreign pow
er instructs it, agents 10 take forcibly from
our protection that agent will say-"l would obey
your commands, but the laws Of the country forbic
it; dare not do it,"
Mr.. Hunton's arguments were logical and clos,
10 the point, being marked with great ability.
The court said that they found themselves com
PEELED, on account of the desire to look at some o
the evidence and authorities, defer giving thei
opinion until this afternoon at o'clock. Theydic
not desire time 20 make up long decision, which
it was assured would be very short, whatever i
, might be.
Governor Ramsey, and the party that accompa
/ MED him, arrived from the agency this morning
They state that all the reports Of serious trouble
with the Winnebagues are unfounded The pay
mcnt went of quietly, ~ usual The troops under
Captain Monroe were mainly called out to drive of
the whisky sellers. We hope they will make tho
rough work fit. The incendiary who set fire /,
MIR Ricc's store, at Sank Rapids, has not been dis
. | Gov cred. Some Of the Indians suspected
. We glad to welcome the Governor home in cx
ccllent health, after all the startling reports ",
have had Of shooting, wounding, and scalping.-
g ~. Pdtd's (Nin.) Register, July 80.
o OVERFLOW OF RED RTyER-The Caddo paper
J. state that portion Of that parish has been lnun
d dated by the waters of Red river. The steame
= J, r. boswell, Capt Klmbul from Shreveport
!, the sth, reports that the water there was fsins
" fasi--that IL was at stand at Natchlioches-tha
!, the crops on the river totally destroyed by tn
/. overfow-that the water " from four 10 eight fee
r deep all the plantations between Shreveport
a. and Natchtoches-thatb below, on he Bondieu IN
ne stock is nearly all destroyed That there has bee