The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-23
t1,f56I, MATTERS.

Two housss but We csn envy tiys me poanu Of
EHe t1ached upon ind ecapituased tho puoA he ia
ARMED, referring u the which he had cited,
ss bsxond ~ quesi1 thsss pssifons:
Thatt1 AL who were cpueemed m the commits
sion or fs offence. whether present absent, were prnc
pas: that the act of 1878 violated il military exp-d
ton was begun foot provided for
such expedition, although the expedition may in fact never
the boundary Of the unsd States that by the terms
Of the act perfect and complete organization was not
ceary constituent Of the offence indeed that feveFa
sons We're associated banded together for ssc expedition
no other organization to be proyet and be
thought prepoeous and absurd that deviation or delay
on the onte would defeat the sautary provision fbe law
The origin history and object Of the law had been fully
iausrated by his coeague-he had shown satisfactorily
thadt had been sanctioned and approved by the consrp
fathers OF the Republicby Washington, Jefferson, Ran
doph and otethat he should offer nothing further
ofthe subject. except refer them the Fare
well Address Of the Father Of his Country and to President
Monroes Message to Congress in 1879 He read from the
akaewe Address in which he conjnes his counymen to
observe good faith and Justice tow rs all naobto have
mile political connection with them as possible, and not to
imp themselves in the vctudes Of their politics He
however, that in these days of manifest destiny and pro
he was moisture that the oounses of Washington
would be needed orreceived with regard. l't's
then referred to the Message of Mr. Monroe Congress
wheh civil war actually existing between Spain and her
provinces in this hemisphere; and although nensa interest
was et in the result and the ympahea Of people enlisted
favor OF the provinces, Mr. Monroe declared his
neutrny, declaring that virtuous people woud conne
theseve' within the limits offs strict neutrality and that
was highest Importance national character and
indispensable to the morality of citizens that all viola
tons of our neutrality should be prevented no door should
be left open for the evasion of our laws; opportunity
should be afforded to who be disposed take ad
vantage Of it, to compromt the interest honor Of the
l nation - ,.- 10, ,s. r............ ~ ---r, ~
Hesad writers upon hs laws of nations and and
Of Presidents, had been referred solely
for the purpose of show ing the history of the iSs and
that was declaatoy Of the Law of Nations: but he wished
hejury TO understand distinctly that the
suted for the violation Of of Congress. He
had commended for the doctrine that the federal courts had
power to punish for offence against the Laws Of Nations
unless tbeofenoe had been defined BY Congress and the pen
atty Affixed Congress had the power define offences
against the Laws of Nations they had done this
they had too the powerto laws maintain their treaty
stpulatons and good faith 80 ii. o. Psi .si.l
HE then prop ed 10 anayze and dissect the law under
which the prosecution was instituted and in doing
ply the facts TO the law, with the view of asceraning if the
charge made aga'ns the defendant sustained ,q.t
He said the of precision III the description of the of
enc in the act Of 1874 npon this subject which Chief Jus
Ice h the Of Boman Swarwout hal
been removed entirely BY the act of 1915 and provisions
were now plain, simple. clear and unambguous. ... .
He said under the counts in the indictment it was not ne
cessary to prove that the defendant did begin or Get on
foot the expedition for although he may not have set on
loot yet II he provided means for after foot
Yves guilty yet he said the proof was in his Judgment sut
Gent 70 convict the defendant for setting foot lie did
consult with Lopez and Gonzales the best means of
procuring money proceed with 1.-THE was their chief adj
vse and as such guilty if they on foot he said
the of defendant that the expedition was begun
ana sci on foot when Lopez first conceived in his the
dea Of such an expedition, unusual; il fine
The laws denounced facts not dea-oyert acts not lust
thoughts The expedition begun and set on foot when
It's AUTHORS commenced the preparation of maerals and COL
scting and concentrating the for the enterprise
de said was for the prosecution to prove these
facts:
IL That the defendant did provide means for the
= That the expedition military expedition
D. That it wal to be carried from The United States
T. Against country or people with whom we were a,
peace '7-' 5000 't,''. '-i'- ''l' ~ -
Itwas proven by Mr. Geddes that the efen1an, nn,cb.s
the steamer Creoeto the payment of part of the
purchase money he deed of on his property At
Pass Christian and he told Mr. Geddes that he purchased the
vessel for an expedition Cnba that Lopez WA, to ie the
leader and the vessel provided did in bear Lopez and
his followers to Cardenas Cuba 1t therefore seemed clear
That the defendant did provide the expedition to
cond not be denied that the means and
most essential MEANS for the enterprise to be carried ON He
noticed the argument of defendant that the term means
IN the sixth section. ntendedo apply to vessel for
The reason that the fitting and aing vessel was proyid
ed Tor in the Sd section of the he insisted however
THAI the sd section provided penalty against fitting out
armed ness md not vessels for transport merely and an
piled TO vessels for cruising and committing hosiits aeans,
nationsiwth whom at peace. o. q.
lie sad that the expedition military expeditionbe
an EXPEDITION depended on the object and inte
on WIN which 1t wasprosecuedth peaceful expe
dtion was carried for commerce. nor for dscoverv
nor Tor pleasure but for wat for hostile not friendly
character was fixed before it left the territory OF
the United Statest changed after leaving our dis
nict-itreceved no accessions of any kind.
1t is admitted the third point that the ex petion v,s in
fact carried on from the United Saes yet it most yebe
meny eontended by the defendant that not military
eSpedton when It left the United Stats, but became so
ssmewe about Contoy Megees and demonstrated
he thinks by the fact that there not perfect and omp
organisation until the Creole the Susan Loud and the
Georgiaha, apart of the composing the expedition
were on those vessels, they having departed from the port
ome weeks before the Creole Now. he said if character
u the expedition depended upon the obect with which
vas prosecuted and if the object and intention was to invade
juba at the time the means prepared and of
ne departure Of the expedition obvious that it was of
military character before arriving Contoy and before
eavng the United States. If the of defendant
vas correct. the law would indeed be dead letter for ii
would always be evaded. ''.
This military expedition, set on foot and carried nm
rom sorpe place. He cotended it from the United
states-the defendant everred it was from Yucatsn He
thought would be difficult for the authorize, of Yucca
tan TO convict the defendant of providing MEANS Or setting on
loot, an expedition OF any kind from their territory. lie
would no pronounce the absurd ridiculous and
yet he DID not think it deserved serious consideration
The remaining proposition, he said not denied-the
'xpedop vas against Cuba part of the territory of
fngdom pf Span and the United States fortunately now
At peace With all the world. .t I -
He then said the facts were briefly these Here in the Cv
'f New Orleans, in the middle of the nineteenth century
whilst we had treaty of amy and friendship with SPAIN
military expedition wts set on foot hundred men
ire enlisted arms obtained vess procured our cit
Iens, led by foreigner refugee proceed the Island of
Cuba make landing at the of Cardena, then in
ate of prouud burn their house enter into hostile
in the from the island and return
the uted Sites and declare here that law hrs been
violated
He said this cause and who is the accused that we
bring before you He is mean obcura person-no man
VINO subordinate part in this prama but of the
'hef advitss and managera who has only sat il
ecret conference and conciave with Lopez and Gonzales
but one who has occupied honored the mos,
body in the worldthe Senate OF the United
Statet bring before you. he said, impeuou young
man hed of the dull Of civil l painting to teh
his maiden sword in battle, and eekng danger merely for
he love of but OF mature years. and not man of
war Ne said such the accused and the United States
u America was the complaining that her law had
been Violated and her honor compromised by the the
lie endant.
He said be would presume to dictate to the Jury what
verdict they should pronounce under he circumstances YET
be as fure they would allow him to say if in their hearts
and cochncesey could declare that the sccu I'd WIS moi
guilty ftie charges preferred against him they ought to saw
" my On ue they believed III he did provide the
hemeas tort military expedition, charged indict
nent, heyiought to allow misplaced eennIents of SYM
>sudq Prevent them from discharging their sworn duty
did not ask for verdict of guilty merely
ot tile sake Of iniliciing punishment the Individual 1t
was moi merely to subjecs bun the OF tent
porary retipmen from the active duties of his and
apnents provided for hun by the Marshal at publc
psnse to give him opportunity to mediate upon the du
nes ola citizen, and phoophze the OF nations and
hais~ oil neuray thatlhs ion was instituted and
verdict Of guilty demanded but was the moral effect
efsueh verdict that gave importance BY they would
Aare IN terms he mistaken that in this country The
AZ and highest duieluf the citizen obedience to the
tSsf mat true and genuine patriotism love of ones
o"n esuntry and its laws and institutions e.-'
n 4