The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-14

.c DoEogh Succession The Council proceeded to elect
two add tiona Commissioner Dr. o. Carey received 10, j.
w. Stanton IL, aud c. n. Stanton The first
elected
The Council proceeded TO elsc day policeman, when w
E. Tilton received 3, and Mr.. Grace 3 votes.
Six supefnumerary watcmsn then elected and lie
Council adjourned to Tue'day, 2ls inst.
U. s. CIRcUIr CoURr- Trial Of Gen. Headsrs0n-9th
DayOn the opening of The Court yesterday morning, Mr.
Benjamin commenced The argument behalf Of the
cuuol, He went considerable detail defining the of
ienee with which the accused charged and took h
subject Of the neutrality laws Of the United States He sale
that these laws had been erei important that they
had been copied by England and in the debate Parliament
Canning had eloqpenty defended Them lie read portion
Of the treaty Of 1873 with Spain, and commented length
OF its provisions He contended that according it
language the entire people, well the Government,
bound by it without regard place He said tina
before the law Of 1874 in existence, Chief Justice JOIN
Jay chaiged ury, that PROSECUTIONS for violating neutrality
good, under ts laws of nations. This in the
Of Ieue1. who indicted for cnlistug men for Frencf
priea.csr Mr. Benjamin then read proclamation issued By
President Washington based the ground taken BY
Judge Jay IL continued Mr. Benjamin. the subjects of
State are let Dose another, retaliation will be the
quence, aud all organza ion will be set at defiance.
1t is true enough that the United States have nlhng Of
this kind TO fer; but it is bat above it, that
should disregard the great pnCpei involved Mr.. Bena-
min alluded the Canadian rebellion of 1877 and The affair
Of the steamer Caroline which created much excitement,
and which generally acknowledged have been pro-
Yoked by band of marau ers who cared e for the
liberty OF Canlda and, G9PiIppe4 AZ Godv Of armod men
town. bum houses aad slaughter citizens who
atsmp; resist ,hen! Ii do gored by
neighbours bull must not LEI bull core neigh.
hoss Mr Benjamin then buck 10 the OF Hen.
field and said that he prosecuted because he had
violated any law Of Cong hut because lie had violated
the laws of nations When the want of special Gw
drs felt in this case, Washington though tie OF 50
much importance that he consulted his cabinet pre-.
prety OF calling special session of Congress.
Mr. Benjamin then back 10 the law Of 1873 under
which John Henderson deted He said that the law
of l794 only defective in the omission of three
WORDS and that had been made strong enough cover The
present by the amendment OF 1875 lie took NJ the
Spanish treaty again. aud commented il article by ar
Gle, abiding to the Miranda expedition, which was fitted
New York. and for which the United States had to
way Spain pretty dearly lie surprised that General
Henderson, who had held seat in the u s. Senate and
had opportunity Of comforting with the Executive on the
subject OF treaties should have thus violated the faith OF
treaties and the laws of nations. lie General Henderson
was ruler much any one; all wee rulers in this
country, md he was surprised that he should have thus
deayora evade the law He preferred the chyay Of one
Of The accused who boldly at the work and
risk the consequence Mr. Ben amin then came TO the con-
rucon Of the law Of 1873, aud he cited various authorities
on the subject To his mind il perfectly plain and he
would call to mind Judge ceans charge to the grand Jury
relative to the troubles the Canadian frontier lie charged
that the beginning and setting foot was not the carrying
on, and that the intent only required be shOwn The
intent in this hal been boldly ayowe. Il was ceajn
that an expedition LEAVING counry must be either civil OF
civil He did where the organizatioo oI
men took place. whether within the jurisdiction of the mi ed
States or not These wee all subertDge the law
but they useless Mr. Beniamn then smoke of ts oon
versaton OF Con Hen deon with MIR Geddes and his con
| ie'siOn regard 10 tho expedition
The defence had contendsd that Gen Henderson knew
nothing about the expedition until after was begun and
that was not organized in the United sates but at Muge
res. lie now came TO applying facts to the law IL WA
clearly proved thai the expedition when it landed at Cade
military ouethat the landed by aom,,nie.
with in their hands, and with officers al their head
Every thing pertaining to the expedition taken from New
Orleans and that rendezy oused the point Of attar.
was matter of convenience necessity. Henderson hal
been in favor oil rendzvou:ng Mugcres or lohcs becap,e
they out Of the jurisdiction Of the United states, bn
Lopey, unacqueined with legal Distinctions had LET out The
secret that Mugees selected, because it was oonye
ent poiu 'om which to make attack oof the island
| Of Cuba. The principle land at some weak mont
Tell the people they sSt them to rise against he
eminent ntlmldaie those who uclant aud a,
those who resisted them If they wanted provisions 10 Is
them, and also take the with which to pay heit so
de the $4,000 at the end Of the year, and the officers
| proportion
Would historians say that the expedition went from NJ
CERES? No. The stigma would ever upon New Ores
Ii The enterprise lawful why did they keen is da
ton secret? Why I'd they clear their vessels f. Cbagr
There no law sgains individuals leaving the ronntrv
ensng but the expedition comp when il left here
and received acquisitions afterwards The officers hqj
written promises OF commissions whea they got ont o IN.
ricon Of the United States, the leader was known the
regiments and the colonies known Here wea
all tie preilmnares OF organization The witness Moore
had stated that he had beea appointed commissarv bat
leaving the yeT and that Col Bunch recognized as tho
mi itary commander OF the expedition Mr. BENJAMIN cited
authorities show that necessary that m sxn
ton should have ia direct TO the point of attack
that anything further than prove that means had been
| provided TO obtain conviction
You viii be told thai this prosecution would not have bpen
commenced had the expedition been successful rb ,yonI
be libel on the memory OF Washington, La(syette and
kosciusko, and the brave k0ssuh. Mr. BENJAMIN r.,
verled TO the manner in With large number of men who
the expedition had been deceived particularly bnso
who from Cincinnati. lie would not pretend 10 sav
that John Henderson had kno dge of this bat he
n the boat with the rest and he must sink swim WI them
tie alluded 10 The individual of Moore and ask oil b.
Their that the The lovers Of freedom wobipned
the holy shrine of liberty? While at the bar one half n,
the Cincinnati men su'pee ed that they their way
| to Caliiornis, and they wanted 10 return.
A committee appointed TO it on Col O,Har, and
he informed Of the state of feeling existing He referred
them to aj Hardy saying that he did not enlist them and