The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-29

Charge OF Judge Bets.

which they were directed 10 inquire into:
Gentlemen Of the Grand Jury;
Your foreman, ON Saturday afternoon, apprized
me that you proposed meeting the court this morn
ing for the purpose OF submitting to its considera-
ton the questions which have been now propounded
in your name, and asking the instructions of the
court in the matter.
thought il advisable, for the more clear under
standing OF the remarks shall offer YOU 10 present
them in writing, and have accordingly this morn
ing made hasty sketch of the substance of what |
propose saying TO you.
The intelligence announced by the morning pa
pers of the abandonment of the first attack attempt
ed on Cuba by the expedition from the United
States and the return of those engaged in il TO this
country, would seem to indicate that all expecta-
ton OF further prosecuting the enterprise had been
abandoned.
But if this be 80, it does not absove those who
have been concerned in ii, or who have lent them
selves to promote aid the illegal expedition, or
provide or prepare the means for its execution.
Your duty in respect to their past conduct remains
the same as If the enterprise was still in active and
determined prosecution
In answer to the inquiry addressed by the grand
jury TO the court respecting their duty Jurors,
would state that, in my Judgment, you have au-
thority to institute investigation of all alleged
criminal violations of the laws of the United States.
without having any specific complaint laid before
you, and also without being directed in the matter
by particular instructions from the court.
The practice in this respect varies in different
States, and without OBTAINING you with an argu-
ment upon the subject. it will probably meet all
your desires to learn from the court, that in this
district and circuit, il has always been the accept
ed rule, that the Grand Jury could ofits own power
institute examinations, and direct bills Of indict
ment in criminal matters, without any previous
action of magistrate, the district attorney,
formal complaint by an nformer.
However, to obvate all hesitancy or delicacy on
the part of the Grand Jury in respect to the partic
ular matter brought to the attention of the court
shall advise your body to take immediate cogni-
sance of the subject, and institute the most search
ing inquiries TO ascertain whether there has been,
within this district auy violation of the laws of the
United States nterdictng hostile movements or en-
terprises against the Island of Cuba. being colony
or portion Of territory of nation at peace with
this country. The act of Congress of April
20, 1918, presents the law OF neutrality which our
citizens were bound to observe in regard to the
foreign nations.
The provisions stringent, but no more so than
COMFORTS with the high Character for justice and
good faith towards others which it is the policy and
aim Of the Government to maintain, in leaving
to every citizen, an individual the undsputed
right TO expatriate himself at his option, and
meet himself'with any other nation people, the
objectionable power to prohibit that citizen indi-
vidually, in association with others, entering
into agreements or measures within the American
territories, or upon American vessels, hostile to
other nations, and which may compromit our
peace with them.
1t would be most deplorable if no such controlling
power existed in this government, and if men
might be allowed, under the influence of evil or
even good motives, to set on foot warlike enter
prses from our shores against nations at peace with
us, and thus, for private Objects sordid and crimi
nal in themselves, under the influence of fanati
cism or wild delusions, bring upon the country, at
their own discretion, the calamities of war.
The will Of the nation is expressed in this
spect by the statute of April 20, 1918. 1t attempts
to guard against the infraction of the peace and
rights of friendly powers by our own people, or by
acts done within our territory, by inhbitng there
in all proceedings of warlike purpose tendency
against any foreign government or people with
whom the United States are at peace.
The only provisions of the statute which come
within the scope of your inquiry TO the court, and
to which your attention should be addressed, are
contained in the sixth section.
The sixth section makes it high misdemeanor
for any person within the territory jurisdiction
of the United States to begin, set foot pro-
vide, prepare the for any military expedi-
ton enterprise, 10 be carried ON from thence
against the territory or dominions of any foreign
power or State ofany colony, district people with
whom the United States are at peace
This language is very comprehensive and pc
remptory II brands as a national offence the first
efforts or proposal by individuals to get up mill
tary enterprise within this country against friend
ly one. IL does not wait for the project TO be
summated by any formal array or organization OF
forces or declaration of war, but strikes at the in
ception OF the purpose in the first acts manfesting
II, however family.
The offence is committed by beginning the expe-
dition; such beginning would be the first ncipient
step taken with view 70 the enterprise, by either
engaging men, munitions of war, means of
transportation, or funds Tor its maintenance; and
even further, it is not necessary that the means
shall be actually provided procured-the statute
makes ii crime TO prepare these means this would
clearly comprehend the making ready and the ten
der or offer OF such means TO encourage or induce
the expedition, and may probably include also any
plan or arrangements having in view the aid and
furtherance OF the enterprise.
Under this provision OF the law you will therefore
inquire carefully whether any person or persons
have been concerned within this district in getting
up hostile expedition against the Island OF Cuba;
whether by them or through their agency or nfu-
ence, men have been secured, enlisted, or employed
10 carry it on; whether munitions Of war; money,
or transport vessels have been provided here for
that object, and If the facts in proof fasten any
individual participation in such acts, il is your
duty 10 indict him for the violation of this statute
and present him for trial before this court.
IL must be manifest TO you, gentlemen, that the
criminal designs, II undertaken, will be managed
with much disguise and caution. IL is hot probable
that soldiers will be openly enlisted officers
mssioned, vessels freighted TO transport ammu-
nitions Of war men 10 the field Of action.
Pretences and colorings will be employed 10
mask the real object the parties TO such criminal
projects contemplate. But il you discover the pur
pose really 10 be TO supply the means Of hostile ag
grcssons against Cuba, then all persons connected
with IT and promoting II will be answerable for the
violation Of the laws Of the United States in the I'M
dertakng, the same as II their proceedings had been
openly and ayowedly intended for hostile invasion
and waging war on that community.
The eighth section relates TO fitting out or arm
ing or attempting 10 fit out and vessels or in
creasing the amount Of cruisers or vessels OF in
which any military expedition or enterprise shall
be begun or set on foot, and clothes the President
Of the United States with ample powers to arrest
and detain such vessels, 10 be dealt with according
10 law. But there is nothing in that section which
will particularly demand your attention.
The idea may be entertained that natives or citi-
zens Of Cuba are exempt from the operation Of the
statute, and that they lawfully get up mill
tary expedition in this country 10 act within their
own, without injuring the neutrality of the United
States, or being themselves subject 10 for
any offence. This IL not so our duty a neutral
and friendly nation is TO prevent all hostile acts
within the Jurisdiction Of the United States against
persons with whom we are at peace, as well when
set on foot by foreigners as by our own citizens
Such, ALSO are the express provisions of the act Of
Congress. "Any person" committing the offence
within our jurisdiction is responsible under our
laws for his conduct
Your inquiries, therefore, not 10 be limited TO
acts Of the citizens Of the United States only, but
must extend 10 those in violation Of the law OF Con
gress, committed by every person within the terri
tory of the United States.
II may not be improper to remark, that while all
persons are amenable 20 the laws for acts done by
them In violation Of law, yet they possess the right
to speak and publish their sentiments respecting