The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-17

the United States are ct peace but the language Of
he Indictment Ia" with whom the United States were
he indictment would have been defective. Through
but these nine counts the the statuse re-
VIVA saIis 0n .Sou
they retain the Language OF the saate and refer to
an expedition TO be carried on instead Of an expe
dit on which did take place ct SEINE time past
Mr. Henderson then proceeded to comment on the
statute OF 1873 sensnerslly, 10 show that much of its
tined in saying this by the remark Of Chief Justice
Marshall, who thought that much difficulty would be
sa so
the courts 1t had been frequently before them, and
parts OF 1t had been sdjudicated He illustrated the
various which had been given to II In
different cases. He commented on Its phrases, show
ing their vasueness. He dwelt particularly on the
on foot an expediton.n He, with four others was
charged with beginnn and setting foot expedi
ton. How could tour men begin plan simutane-
ously! The word" begin means the first inceptive
process the first eption and was It possible that
iour men could in the FIRST inception or begin
The witness 10 called on to say as fact, who begun
this expedition. How he answer this without Civ.
ing legal opinien, and statement OF tact which he
can be knowing The word" Begin means TO origi-
pate, and the idea could not originate in four
br aims at the ,ame time. He then commented on the
phrase setting on foot which he showed was mere
ngurativa idea Tor beginning Pathological express
sion. The who sets anything on foot begins 1t,
like setting on foet an enterprise, subscription
story, &c These phrases had undergone no legal In.
depreciation, did they possess legal import which
un der them. Laws must be made so that they be
comprshended by ordinary understandings, and II
there any ooscury they must be construedsn favor
Of the accused.
He then commented on the policy Of the law which
was preserve neutrality 1t not mere morality;
and therefore offence against the policy, well as
the language OF the law, not committed by in
tent to set on foot military expedition but it must
actually be set on foot
He read other clauses of the statute particularly
that which gave the President power 10 prevent the
sailing Of expedition against foreign nation with
which suppose the President does
prevent ruch sailing IL be said that the parties
prevented are punishable under the statute He
ierfed too TO the Round Island affair to illustrate the
position that the intent TO proceed unlawful ex
petition did not involve the parties in the penalties OF
laws which punish intent, such as the Law against
slave trade against parties who are fitting out vessels
10 engage in that unlawful traffic. But here the lam
guage Of the statute different and besides the po-
Icy OF the law which is the preservation of the
trAy OF the nation is not violated except when the
expedition sctually sails and the intent OF
its organization and equipment.
Mr. Henderson then referred to the decision In the
case of Bohlman and Swartwout, 4 Cranch, 1S5, to
show the difficulty OF interpreting this staute-of
certaHiDg what cares arise under 1t. And yet every
two penny editor throughout the land undertook to
say, with Delphic positiveDess how, when, and by
whom the Law had been violated; and they had
Der Of jurors there who derived their ideas Of law
and morality from the Bulletin, declaring that they
had no doubt that the accused was guilty and that
they mad made up their opinion that law had been
violated las which the most learned judges had de-
clsrsd it extremely difficult to when and
how 1t was violated thus proving how fsels rush in
great many authorities, and cited many opinions
respecting particular clauses Of the act OF 1918 whi,h
regret We cannot give at length. He then went
to argue the ambiguity Of the sixth section of the
act OF Congress which the present
In following the language Of the statute the indct-
ment haa been made out, charging the defe ndsnts
with contributing means to begin and set on foot q
military expedition, instead OF charging them with
nts ntion TO begin and ret foot military expedi-
ton. Now, men are not meansn-they are RESPONSE
tie agents. Money lie not means in the language Of
the satute-it Is of the most Intellectual articles
which could possibly have been put board of the
Creole for the conqusring of Cuba. Brandy, flags
musical Instruments and cigars may be, and usually
are, employed in military expeditions, yet they
not TO be considered as me the means contem.
plated by Congress In framing the statute Now John
Henderson Is not charged In the Indictments with
dence that point is inadmissble lie is only
charged with furnishing what may be understood by
that most potent yet legally meaningless OF all terms
mehDe-to begin an expedition not for already
having contributed to- and set foot an expedition
The Indictment does not charge the matters now at
need to try defep dant counts those spe-
cited in the Indictment inform alton, and there
fore evidence can be heard touching the Creole,
that not being charged In the indictment. Again,
proof be legally admitted to intention to
set foot military expedition, that q military
are charged in the indictment. The offence charged
IL the furnishing OF means to begin or set foot
military expedition rot Tor having contributed
Tor expedition already begun or sat on foot
The Lour Of three o'clock arrived without Mr.. Hen
derson concluding his argument and the Court sd-
journed until to- day
The speech Of Mr., Henderson was exceedingly able
ingenious his logic severe his distinctions
nice that IL possible to do any thing like justice
to IL, in hssty report.