The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-04

pae III inc Huit Oh thelr sack ana rdpire, desUac-
i've pecnliarities OF the so-caled expedition OF
Lopez-an expedition which, no doubt, will form
an era IN history, iDasmuch il was, DIS has been
said, organized in friendly country, sailing from
one of its ports, for the purpose OF murder. and
robbing ia the territories of friendly nation while
there atedtrom the building OF printing esla-
blisbment, in one Of the most public streets OF New
York, flag covered with emblems and colors,
which Was designated as the Cuban banner, and
was identical with that brought 10 Cardenas by
Lopez
In the punishment Of the new species of piracy
invented by some speculafors In our neighoorng
republic, and headed by Lopez, the other nations
of the world, without regard to hemisphere or flag,
are found interested the side OF Spain; because,
in the same manner that Spain Was attacked On
the 18th of May, in the port and AT the town OF
Cardenas, tomorrow, under the same or similar
pretexts, Great Britain may be assaulted in Ca
NADIA or Sarbadoes, France In Guadalupe or Mar
Unique, Holland in Curacao, Denmark IN 81.
Thomas, Sweden in ST. Bartholomew, the Spanish
Americas republics in any part OF their territories,
and, in one word, any other nation without excep-
ton.
Ii is not necessary to prove that the marine TIL
bunals, 10 the exclusion OF all Others have Juris
dicnon over corsars, prizes, pracies, or any olher
crimes committed on the high seas; and, as the
crime, or rather the succession OF crimes, perpe-
tIated at Carcenas, PROFESSIONALLY belong TO the
class of piracy, the vessels and persons seized al
CoDtoy by the marine tribunals, In accordance
with legal arrangements in the matter, ought 10 be
judged according to our ordinances and ancient
laws In accordance, then, with sovereign legal
authority, the proceeding In which we are occu-
pied ought TO be divided into two entirely distinct
parts, comprising the condemnation or abso-
luton of the vessels according to the best and ere.
dible means of ascerldnng their destination and
occupation, the decision of which, by article third
of the royal order of June 20, lSOl belongs to the
military tribunals OF the armada, which IN this
Commandments General is formed by your Ex-
cellency and the undersigned auditor; the persons
being tried according 10 the forms established
nv wal FIe afr he II al az
far as it may be applicable TO The present case.
In order 10 decide on the fate OF the Georgiana
and Susan Loud, there exists data more than SUI
ent, in the report; since it appears, ordng TO
the evidence, that these vessels, although cleared
from New Orleans with the apparent object OF car
rylng passengers 10 Chagres, were occupied in taxi
ing men, arms, provisions and ammunition TO at
tack the island of Cuba (which was proved by the
Decentralization OF Lopez and 800 men at Cardenas,
where were perpetraed the crimes above men,
toned, and which port they entered on board the
Creole. This vessel was cleared under the same
pretext as those above mentioned. IL happening
that though they LEFT New Orleans on different
days, they communicated on the hig IA seas, and at
Contoy; they transferred arms and men from one
to the other, in this way showing the connection
of The three, the island OF Mugeres being desgna-
ted ss point Of reunion, the Geofgiana could not,
in spite Of her efforts, reach therc-she accordingly
returned TO Contoy, where The Creole went for the
men and arms which the G5orgiana took from New
Orleans, at which point (Ooatoy) she Was after
wards joined by the Susan Loud. Even though
what has been said suffces to SHOW the true object
OF the vessels, ii will be well TO transcribe liter
ally the document of page 295 10 2S3, which SAYS
"This expedition has been properly organized,
as papers for Chsgres have been given, so that in
any search should be made by the authorities,
they could not do anything to us. We took on
board our vessel at the mouth of the Mississippi,
quantity Of arms, and when we were on the sea,
there passed US in the night revenue cutter, but
they knew who we were. as all the world is in
favor Of the expedition We are armed with gum
short sword and two revolving pistols the officers
IN the same manner. We have all confidence in
successful issue. Gen. Lopez finds himself at the
head Of $40 Of US, and if successful, we receive
$1,000. and will thenceforth live securely"
II also appears that tine Susan Loud and Creole
recognized each other by the means of signals,
which must necessarily have been agreed upon be-
forehsnd; also, that during the night they navi-
gated together keeping their lights lighted, in or
der TO remain united. And above all, 1t appears
that in the lcg-book If neither vessel there OBJ
servations to correct The errors noticed; and it be-
ing certain that the GeoTgiana should have had
the proper license for the arms and munitions
which sac toCa on board at the Baze, it is beyond
all doubt, that according to article 20, aud other
corresponding ones of the royal order of June 10th,
good prizes, and coniiscated to the benefit Of the
State, with all their apparatus, rigging, instru-
menis, small vessels, provisions and arms found on
board, belonging TO the same-reporting the same
To her Majesty, order that they may be disposed
Of as seems best-uness, in order TO avoid the loss
or detention which may result from awaiting the
sovereign resolution, your Excellency should pre-
fer TO sell them at public auction or in any other
manner that may benefit the State.
The contents Of the foregoing paragraph having
decided on the cases Of the vessels seized at Con-
toy the auditor proceeds TO the forty.two pas
seDgers found in them, now subject Ia the same
proceed ings, whose names are as folowsi-
Edward DAVIS, John Finch, VIM Penton, David
Flinger Smith, James NJ. Go~an, John W. Winter,
John Gbbs. Thos M Armstrong. Vim. b. Smith, WIN.
Mel ntosh Jas foiger John crann, Levi Brown, Alex.
Miller, VIM. 8 Stevens VIM 8. Lake, JAS M. Martin.
Henry Smith, John Esir, Joseph Byrnes, Antonio
NJ sueliy Joseph Reed A. b Moore Charles N Paris
VIM Holland, Jas oDopnsl Arthur Mcclure John
NJ. Coabon, joel D. Hosg stephen Hovenstrow. John
l.. Carter, Allen p. Coalson. James Bannon William
l.. Hardy, John Blackstone, Chss b. Matthews, James
Taplsy, NJ Mcdaniel, VIM. Brown.
The fist seventeen left New Orleans on the
litoigiana, the following eighteen on the Susan
Loud, aid The remaining seven on the steamer
Creole, on these only A. Il. Moore has openly con-
fessed his participation in the enterprise but IL Is
necessary for your Excellency to endorse the par.
don expressly accorded 10 Moore in the name Of
Her Majesty, without entering into any further
discufsiOn relative 10 II in this place.
Whether the declaration OF the foriy-one remain
ing passengers he false either BY the inves-
tgstion, OF by military proce edngs, by carrying
them arbitrarily betoie a tribunal where more
tended evidence could be obtained from them, IL is
iIdubiable that nothing could be extracted from
them which would dsprove their assertions, and
show that only fear Of the consequences Of the
crimes that were TO be perpetraied at Csrdenas, or
the incapaciy OF the steamer to hold them, d.tain-
cd them at Conioy. The evident and undoubted
fact N that they remained at many leagues from
ooa,ts; IL appearing also from the documents mark
ed IL, and G, that they had brought accusations Of
deception against Lopez; that they were disguised
among the expedition sriet; and, in aword, that the
leader, Lopez, put the GeorgIana at the DISPOSE
tior Of all the discontinued parties Of the expedi-
ton, in order that they might return 10 New
Orleans. TIE moral certainty Of thing Is nof
enough for the judge. Without offence against
common sense, and according to all the rules Of
reason, Il may be supposed that on the enlistment
Of these men in the United States they must have
known, or they could v,ry well have inferred, that
the object Of the expedition not lawful or per-
missible, when they were taken away In secret,
and were offered a reward which did not seem
commensurate with any enterprise not involving
grave perils The greater part of these passengers
know how to write; the avidity with which the
North American people read the newspapers is we'll
known, snd IL Is notorious that long before the de-
parture Of the expedition the project was spoken