Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-05-29
NO. 81.
Extract from the Charge of Judge Mclean, to
the Grand Jury of the United States Circuit
Court for the District of Indiana, May Term,


Extract from the Charge of Judge Mclean, to
the Grand Jury of the United States Circuit
Court for the District of Indiana, May Term,
1851.
Alter advertng to various offences within the ursdcs
ton of the Grand Jury and which il would be called
the Judge referred to the conteupIated in
vaslon oil the Island oi Cuba as subject OF national
concern. He observed the newspaper rnmors and the
proclamation lately issued by the President authorize,
they do not require the subject TO be brought before
the Grand Jury. Ii this nelarious plan is not Of
origin. The late CHIEF Magistrate well as the
present, not only issued proclamation but found it
cessay TO put IN requson part OF the army and navy,
to preserve the peace and honor Of the country.
Doubts have been suggested whether the judicial pow
er had been sufficiently active in bringing punishment
these marauders who, under the preence OF hberatng
the oppressed send ready to engage ina of plum
der and murder Whatever motives they may avow,
this would be the result of their successful action. Such
individuals, with the prospect of success could easily be
induced TO turn ther against their country.
They reckless of consequences BY the laws Of
tons, they Justly held be outlaws snd pirates
The act of Congress of the 10th Of April, 1918,
titled ran for the punishment of certain crimes
against the United Staes" &C., applies to these iAd-
viduals. The first section provides If within the luris-
dcton of the United States any citizen shall accept and
exercise commission 20 serve foreign Prince. State
Colony, District People in war, by land by sea,
against any Prince, State, Colony People, with whom
the United States at peace SHALL conviction be
punished" !" &c.
The 9th Sec provides hat if any person shall with.
in the territory jurisdiction of the United States begin
SET or loot or prepare the means 0r
military expedition enterprise, be carried from
thence against the Territory domnons Of any foreign
Prince State, Of any Colony, Dstcfor People, with
whom the United States peace every person Of
fendng shall be punished /" &c.
You will observe, gentlemen of the Jury, that If any
shall begin set foot prepare the for
such enterprise, !" he is within the Statute. The
act invasion oil tie country but taking the
cipient steps in the enterprise To provide the means
for the expedition, the enlistment Of men, the
tions OF war; money short any thing and every thing
that necessary the commencement and prosecution OF
the enterprise.
In the ages of barbarism private tolerated.
Physical power then the Tbter Of right, and dex-
ferrous Of the instruments Of DEATH the prevail
ing logic But this has been long since exploded among
civilized nations The christian system has engralted
on the laws of nations better ogic-a logic addressed
the mind and conscience and which conforms to
the principles OF humanity.
Every government is responsible for the acts OF its
citizens They be restrained from violating the
rights OF other nations; and any government which has
the power disposition to do this, subjects itself
a declaration Of war by the injured party.
Our physical resources. gentlemen, are in rapid
of development In this respect country has
surpassed the ardent anticipation of its friends
But wish impress upon your minds that this is not
the most satisfactory evidence OF national Proper
ty. How have we made this wonderful advancef Is it
not mainly attributable to that great and fundamental
law which made a nation and TO an observance OF
the laws state and federal? These laws emanate from
the people, through their representatives, and bear the
impress of their will A perseverance IN this
will lead us a still higher and nober destiny.
But gentlemen. no free government can be maintain
ed without moral power If this be broken down, ply
steal power be substituted in its place. As in
France, may still have republic in name, but il
will be republic sustained by bayonets. govern
of laws sanctioned and sustained by the people
is the only guaranty for public and private rights.
Whenever the law shall be tramped under foot and
emned with mpunity, there is hope IN the future.
And may not ask the question, whether there is not
enough in the general aspect of affairs, TO excite
deep socitude this sul,ects
We associations of lawless individuals in different
parts Of the Union contempt Of the law and the hon.
and peace of the country, ready embark in pi
ratca war against people, with whose government
we are at peace Other combinations have been formed
subvert the government and others TO resist IN an
unconstitutional manner enactmens made by The high
est authority. These indications are omIn0us. AT an
earlier period in the history of government ind
vdual Of the highest talent and who had held the second
Office in the government, was overwhelmed with inamy
and was criminaly prosecuted the ground that he
had foot REASONABLE conspiracy against the
government, by attempt to divide the Union and
erect an independent western republic. But what do
see2 How painful is the contrast.
Is this state of affairs matter of Indifference 10
onel What must be its effect on foreign nations!
Will shake their confidence In the Permanency oil
institutions and weaken the moral force OF our gov
ernment at home and abroadl Who does feel proud
Of high position occupied by nation, the
nations of the earth and who does desire TO increase
the glory Of his country! This be done only by
devotion the Constitution and laws OF the country
law enacted by the people, through their representa-
tives. and which be modified at their will. Every
good citizen will throw his influence in this direction IL
will discourage all unlawful combinations, and restore to
this glorious government that harmony and moral pow
er, which shall distinguish il among other nations
Make this government what, in its formation, II was M
tended be- Of the people, and maintain
sacredly the great principles which it was founded
and its blessings will be perpetual.