New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-28
NETWORK TRIBUNE.
TIE CUBAN EXPEDITION.


the territories or dominions Of Her Majesty the
Queen Of Spain, appeared yesterday morning before
Commissioner stiwell and gave bail in the sum OF
$4,000, to appear before the Grand Jury.-GasPar
Apartment was his bail A number OF Cubans and
others were assembled in front Of the United
States Court, and on Mr.. Tolon's going out he was
greeted with three cheers. He made short nd
dress in Spanish 1T which the cheers were re-
peated. Cheers were also given for CUBA, &c
The crowd followed Senior TolOn to his house,
where he was received by hs friends with cheers.
Several toasts were offered: To the Freedom OF
Cuba. by Mr.. Ed Blsckmar; To America and % his
LAWYER. by Senior Tolon; Secchi De Casali, % TIA
". TO Cuba, &c The meeting, before leaving, de-
cided 10 assemble the same evening to take the
necessary measures for mass meeting in the Par.
on Wednesday evening.
At about 70 O'Clock Judge Belts took the bench
in the District Court and the Grand Jury came in
when the Court delivered the following charge:
Gentlemen Of the Grand Juyys
Your Foreman on Saturday afternoon, apPrsed
me that YOU proposed meeting the Court this morn
ing for the purpose Of submitting to It's considers
tion the questions which have been now PROFOUND
ed in your name and asking the Instructions oil the
Court in the matter.
Itbouebt il advisable for the more clear under
standing of the remarks shall offer you TO present
them in writing, and / have accordingly, this morn
inc 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 10 1t to tins
country would seem 10 Indicate that all expecta-
- aqcutinQ the pnteFDrlZe had been
abandoned.
But il this be so, il does not absove those who
have been concerned in it, or who have lent them
selves to promote aid the illegal expedition or
provide or prepare the means tor its execution
Your duty In respect 10 their past conduct remains
the same as if the enterprise was stu In acuVe
and determined prosecution.
In answer TO the inquiry addressed by the Grand
Jury TO the Court respecting their duty as jurors,
l would state that in my judgment, you have au.
thorty to institute an 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, 1t will probably meet all
your desires TO learn from the Court that IN this
District and Circuit it has always been the accept
ed rule that the Grand Jury could of its own power
institute examinations, and direct bills OF indlct-
meut in criminal matters, without any previous
action of a Magistrate, or the District Attorney or
formal complaint by an informer
However 10 obviate all hestancy or delicacy on
the part OF the Grand Jury, in respect to the par
ticuar matter brought to the attention OF the Court
I shaD advise your body to take immediate cognI-
zapce of the subject and institute the most search
inc inouries 10 ascertain whether there has been,
witlhn this district, any violation OF the laws OF the
United States nterdicting hostile movements or
enterprises against the Island OF Cuba, being q
colony or portion of territory OF nation at peace
Iii Ibis country. The Act Of Congress OF April
90 1ele presents tho law OF neutrality when our
citizens were bound to observe In regard to foreign
nations.
The provisions are stringent, but no more so
than COMFORTS with the high character Tor justice
and good faith toward others which 1t is the Pohcy
and aim of the Government TO maintain. In
leaving TO every citizen as an Individual the un-
disputed right to expatrate himself at hls option,
and connect himself with any other nation or
people the unquestonable power to prohiot that
citizen individually, or In association with DINERS,
entering into agreements or measures within the
American territories. or upon American vessels,
hostile to other nations, and which may COM
promit our peace with them
IL would be most deplorabe if no such controlling
mower existed in this government, and If men
might be allowed under the influence OF evil or
even good motives, 10 set on foot warlke enter
prises from our shores against nations at peace
with u.s. and thus for private objects, sordld and
criminal in themselves, or under the inhaence oil
fapstcism or wild delusions, bring upon the country
Mt their own discretion, the caamlties OF war.
The will of the nation is expressed in this re-
spect by the statute of April co. 1878. 1t attempts
10 guard against the intraction of the peace and
rights of friendly powers by our own People, or by
acts done within Territory, by nhlbitlng there
In all proceedings OF a warlike purpose or tenden-
tnraign l,cvernment DpODle with
whom the United States are at peace.
The only provisions OF the Statute which come
within the scope of your inquiry 70 the Court, aud
towhich YOU attention should be addressed, are
contained in the sixth section
The sixth section makes lt high msdemeanor
for any person within the territory or jurisdiction
OF the United States To begin or set on FOOT or pro-
rtde or prepare The means for any military expe-
dition or enterprise 10 be carried on thence
against the territory or domlnlons OF any foreign
pow err OF State of any colony district or people
with whom the United States are at peace.
This language is very comprehensive and pre-.
emptory. 1t brands as q National ottense the hrst
efforts or proposal by individuals to get up militia
~ enterprise within this country against friendly
one 1t does not wait Tor the project 10 be consum-
mated by any formal array or organization oil forces
or declaration Of war-but strikes at the inception
ofthe purpose In the first acts manltestlng H. how
ever family.
The OnenSe 10 COuhlltbSuVN NNPS
5ition. such beginning would be tue hrst inciplsn'
step tan en- with view to the enterprise, BY eth
er engaging men, munition of war or means o
TRANSPORTATION, or funds for ITS maintenance and
sxsn tarther. il is not necessary that the mean:
shall be actually pror.ded or procured-the statute
makes tia crime 10 prepare these means I'M.
would clearly comprehend the making ready anc
the tender or offer OF such means to encourage OF
induce the expedition, and may probably include
also any plan or arrangements having IN view Tue
aid and furtherenoe OF the enterprlze.
Under this provision OF the law you will there
fore inquire carefully whether any person or per
sons have been concerned within TINS District III
getting up hostile expedition against the Island
ofCuhs; whether by them or through their agency
or influence, men have been secured, enlisted OF
emplo, ed to carry it on; whether munitions OF war
49, ON TRANSPORT vessels have been provided
here ar that object and ii the facts in proof faster