Weekly national intelligencer., 1851-11-08
NATIONAL INTELLIGENCER.
CHARGE OF JUDGE MCLEAN.


The readers Of this paper are not unaware OF the
high value at which we estimate the independence
of the Judiciary, as feature Of the Constitution of
the United States II is the one upon which de-
pends not only the effective operation Of all other
branches of the Government, but in great degree
the security Of the lives the liberties and the pro-
perty Of all the citizens of the United States. With
out it, the General Government itselfwould still be,
as il once was, an imbece association of States,
dependent upon the chances and changes in popu-
lar feeling in the several States, and without the
power to enforce any Of the ordinances which any
one of them should think fit to treat with contempt
or disregard.
Never has the beauty Of this feature in our poll
tical system shone forth more resplendenty than
in the character Of the periodical Charges which
have within the last year been delivered from the
benches of the Circuit and District Courts of the
United States in every part OF our country To the
number of these judicial instructions which we have
had occasion heretofore 10 notice, we have now to
add another. 1t is from the senior Judge of the
Supreme Court of the United States, and, as might
be expected from such man, is sound to the core,
as well upon the obligations of international and
statute law, as upon the moral principles by which
all nations as well as individuals ought ever to be
governed who have character TO lose or charac-
ter to acquire.
AT the opening of the Circuit Court Of the United
States for the District Of Ohio, the Hon. JOHN
MCLEAN, the presiding Judge, delivered Charge
to the Grand Jury in attendance, SO highly APPROX
ed, that, by an address signed by them individually,
expressive of that approval, copy of it was re-
quesed for publication. To this the Judge replied
that the charge was delivered extempore, but in
compliance with their wish, he had committed it to
paper, embodying in it, as far as his memory en-
abled him, the ideas communicated and the words
used by him, as follows:
Circuit Court United States October Term, 1851.
After presenting the Jury certain violations of the laws
Of Congress- which ordinarily under the consideration
of he Grand jury he remarked duty requires
to a your special and serious attention to act Of Congress
ofthe Goth Of April, Sl8 which is entitled "An act for the
punishment Of certain crimes"
The first section of that provides That if any citizen
dthe United States shall within the territory jurisdiction
teeo accept and exercise commission to foreign
Fnce state, colony district people, in by land
sea, against any PRINCE state colony, district people
with whom the United States at peace the person Of
Tending shall be deemed guilty Of high msdemeanor, and
conviction shall be fined than thousand dol
imprisoned
4 he second section Declares Ihst if any person SHALL
within the territory jurisdiction Of the United Staes enlist
himself hire retain another person enlist
enter himself go beyond the limits jurisdiction of the
United Saes with intent be enlisted entered in the
vice of any foreign prince, state, colony, district people,
soldier, &c., shall be deemed guilty of high misde
uneanor and shall be fined exceeding thousand dol
lars, and imprisoned not exceeding three years"
Sec. 6. That if any person SHALL within the territory
jurisdiction of the United States, begin foot pro-
vide prepare the for, any military expedition OF
teps to be carried from thence against the territory
dominion Of any foreign prince state, Of any colony
district people with whom the United States peace
every person offending shall be deemed guilty of high
msdemeanor and shall be fined not exceeding three thou
sand dollars, and imprisoned not than three years"
To this section your attention is specially solicited You
will observe that the enumerated which constitute the
offence all in the distinctive. To begn" the military
expedition spoken Of is offence within tho statute be-
gin il is do the first act which may lead the enterprise
The offence consummaed by any act which shall be
commencement Of the expedition though should be
prosecuted if individual shall set the expedition
foot" which scarcely disngushabe from beginning it. To
set foot may imply some progress beyond that Of begin
ming it. Any combination individuals carry exped
ton is setting it foot, and the contribution Of money
any thing else which shall induce such combination may be said
to be beginning of the enterprise To provide the means
for such enterprise is within the statute To constitute
this offence the individual need engage personally in the
expedition If he furnish the munitions Of war, provisions
transportation, co.hng any other necessaes
gagged in the expedition, he is guilty, for he provides the
TO carry the expedition It must be against
'tion or people with whom at peace.
In passing the above law Congress has performed high
national duty nation, by the laws of nations is consi-
dered moral being and the principle which Imposes moral
restraints the conduct of individual applies with greater
force the action of nation JUSTICE says Vattel s
the basis Of society," the bond of all Human
society," far being intercourse of assistance and good
Offices would be no longer any thing but vast Of rob-
bery there respect to this virtue, which
every one his own" g" 10 still more necessary between ma
tions than between individuals because injustice produces
dreadful consequences in the quare of these powerful
bodies polite, and it is still difficult to obtain redress
These remarks made and the law cited n reference
the late military expedition against the island of Cuba That
expedition organized in this country and composed
Government of Cuba part of the Spanish dominions
With the Government Of Spain have treaty Of peace and
auity foreigner at the head Of the expedition. He
seems to have been creduous and weak He inn
reuous, but was wanting In sagscity and judgment. His
meafhoy fas may excite sympathy but bis memory is
loaded With the execraons of thousands He insru
mental IN corruptins the minds and Withdrawing from their
allegiance many OF o YOUTH who have paid the penalty Of
their temerty and recksness Their conduct admits Of no
other mitigation than thai they were msed BY falsehoods
They were induced to believe that considerable portion of
the people OF Cuba were in with the determination
overthrow their Government These who vero instrumental
10 creang nis deuson have an swfol render
their country and their God.
The invading orce instead of meeting friends met deter
mined enemies with in ihe;r hands. every step the
invaders opposed, and Il is known that single Cu
ban Joined the enemy As might have been anticipated the
career Of the invaders short and extremely disastrous
Their suerngs were almost without parallel and with
TWO or three exceptions those of them who not taken
prisoners and executed sentenced to an gnominous i'm
Prisonment in Spain. m 4-s ar 9s,sfs =
lhe second expedition terminated more dsastrously than
the nst one That fitted out by the same leader and