The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1851-11-06
bedlent servant.
JOHN MCLEAN.

WIN t'O SIouAesl ItspeCl anu
esteem,
am your obedient servrut.
JOHN MCLEAN.
Circuit Court United States-Oct. Term, ,5I /.
CHARGE " JuDGE McLEAs TO THE GgASD JuRY
After presenting To the jury certain vic
lStions Of the lawsnf Congress, which or.
dinarily cume under the consideration Of
the Grand Jury, he remarked: A sense
Of duty requires me to call your special
attention to an act ofCungIess ufthe goth
Of April. 1918, which IS entitled 4" AN act
for tho punishment of certain crimes"
The lst section of the act provides.
"Tba,if any citizen Of the United States
shall, within the territory or jurisdiction
thereof, accept and exercise cumms
sion to serve foreign prince, stale. col
ony, district or Peuple. in war. by land
or by sea, against any prince, state, col.
ony, district or people, with whom the
United States are at peace. the person so
offending shall be deemed guilty Of high
misdemeanor, and on conviction shall be
fined not more than two thousand dollars
and imprisoned not exceeding three
years"
The 2d section declares. That if any
person shall, within the territory or ju.
risdictiou Of the United Statos, with in.
tent to be enlisted or entered in the ser.
vice of any foreign prince, state. colony,
district, or people, as a soldier, &C., shall
be deemed guilty OF a high misdemeanor,
and shall be fined not exceeding one thou.
sand dollars and imprisoned not exceed.
ing three years"
Sec 6. That if any person shall,
within the territory or jurisdiction Of the
U. s., begin, Or set on foot, or provide
or prepare the means for, any military
expedition or enterprise, to be carried on
fium thence against the territory or do.
mlninn of any foreign prince, State,
or of any colony. district, or people
with whom the United States are at
peace, every person So offending shall be
deemed guilty Of high msdemeanor,
and imprisoned not more than three
years"
To this section your attention is speci.
ally solicited. You will observe that the
enumerated acts which constitute the
offence, are all in the distinctive. To
begin" the military expedition spoken
of, is an offence within the statute. To
begin it, is, to do the first act, which may
lead to the enterprise. The offence i,
consummated by any overt act which shal
be commencement of the expedition
though it should not be prosecuted. Oh
if any individual shall "set the expedi
tion on foot" which is scarcely distin
guishabe from beginning it, To set i
on foot may imply some progress beyonC
that Of beginning it. Any combination
of individuals to carry on the expedi
ton is "setting II on foot" aud the conlri.
button of money or anything else which
shall induce such combination, may be
said to DO beginning of the enterprise
To provide the means for such an enter.
plise," is within the statute. To consti
tute this offence, the individual need no
engage personally in the expedition. /
he furnish the munitions Of war, provis
ions. transportation, clothing. or any 9th
or necessaries, to men engaged in The
expedition, he is guilty, for W provides
the means to carry on the expedition. |
must be against nation or people, witt
whom we are at peace.
In passing the above law, Congress ha
performed a high national duty A ma
ton, by the laws ofnations, is considered
moral being; and the principle which
imposes moral restraints on the Conduc
of an individual, applies with create
: says Vattel, "is the basis of society, tn,
sure bond of all commerce. Human 50
ciety far from being an intercourse of as
sistance aud good Offices, would he IL
longer any thing but vast scene of rob
berry. it there were no respect TO thi
virtue, which secures to every one hi
own" ut is still more necessary be
tween nations than individuals; becaus
injustice produces more dreadful conse
/. quences in the quarrels of these power
ful bodies polite. and i, is still more di
icuIt to obtain redress"
These remarks are made and the la,
cited. in reference to the late military e,
pedition against the Island Of Cub,
That expedition was organized in ih
country, aud was composed principal
, Of our own citizens. Its object was
suOvert the government Of Cuba--a pa
I ofthe Spanish dominions. With the 90
ernment of Spain, we have treaty
} peace and amity. A foreigner was
the head ot the expedition. He seen
] to have been a credulous and weak ma
3 He was impetuous. but was wanting
9 sagacity and judgment. His melancho
] fate may excite our sympathy, but h
y memory is loaded with the execratio'
Il of thousands. He was instrumental
ir corrupting the minds, and withdrawn
from THAR allaoianca many of our yOutl