The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-27
THE REPUBLIC.
o. he enforcement Of o.r Ne..lralitu Lal

IlOu. JOHN AAIhON, hhNDCidtC JUSTICE Oh the
Supreme Court Of the United States, now hold.
ing court of his circuit for the middle district
of Tennessee, in the city of Nashville, on
Monday, the 18th instant, addressed the Grand
Jury as follows:
" We will take occasion to remark, gentlemen
of the grand jury that the idea is held out through
portion of the public press that the act of 1915
a new provision Of that date, and intended tc
suppress hordes of men congregated at Amelia Isl.
and, in East Florida, and at Galveston bay, on our
then western border, for the purpose of committing
depredations on commerce, sc. But, as the pres.
ent object was to aid an oppressed party against
the oppressor, in an open war, the act did not
apply, was it intended to apply 10 cases o.
reyolts against oppressive governments, as tn,
genius of our institutions. our early history, anc
the character of our people sanctioned the idea
that assistance might be rendered to the party in
revolt by individual exertions. This is altogether
mistake. Ours is a Government of the majority
and Of that majority neutrality and peace has beer
the uniform policy throughout our national exist
ence, Is most apparent by our neutrality act.
under consideration. In 1893 President Washing
ton, in his annual message Congress- represented
that he had issued a proclamation forbidding our
citizens and foreigners residing among US from
committing hostile acts against foreign nations
contrary to the laws of nations and our treaty sip
uationsi that is TO say, from entering into the con-
test then existing between European nations con
sequent on the French revolutionary ware. He re.
commended that Congress should provide prompt
and decisive remedies for the punishment of those
who might, within the United States, array them
selves IN hostility against any Of the powers al
war, or who should enter upon military expeditions
or enterprises against any foreign power at peace
with the United States On this Recommendation
the act of 1884, CHI so, passed. It's fifth section
Is copied into the act OF ISIS, and ia the al
the sixth section OF the latter act given you in
charge last Tuesday, The act was rigorously en-
forced by Gen. w Washington during his remaining
administration, and 30 II was through that Of his
Successor, Mr.. Adams. Mr.. Jefferson experienced
some difficulty in maintaining neutral rela
tons In his message to Congress of October, 1903
he recommended that there should be established
in our harbors such police may maintain law
and order; torestrain our citizens from embarking
individually in war IN which our country takes
no part
ain 1906 Mr. Jefferson caused Aaron Burr to be
indicted and tried, under the fifth section of the
act of 1884, for fitting out military enterprise
against Mexico, then dependency of Spain-qui,e
as ripe for a revolt Cuba now is, Judging from
recent demonstrations in that island. Although
Burr escaped punishment, because il could not be
proved that he had done any thing in violation of
the act of 1894, within the district of Virginia,
where he tried yet his celebrated trial brought
the act OF Congress to general notice; and public
opinion gave sanction TO the policy commenced
by President Washington, and continued by Mr..
Jefferson, that bore down all opposition to the law
Tor many years. Burr's character was crushed by
weight OF odium almost exceeding belief at this
day. Many of his deuded followers had to skulk
like outlaws; and many more (from New York to
New Orleans) we're compelled TO compromit their
integrity and honor by denying all knowledge,
who were generally supposed to be guilty OF part-
cipation in the enterprise. The history of Burr and
his confederates and deluded followers would be a
useful study to those now seeking TO set at def
ance the act OF 1894, copied into the act of 1918;
as they too may have to contend with public opin-
ion, and the blightng odium il infcts all those
who are charged with being criminals at large, I'M
punished of justice.
Ono difficulty was experienced in maintaining
neutrality until the Mexican provinces showed
symptoms ofrevolt against Spain. By his message
of December 2, 1877, President Monroe communi
Gated 10 Congress that hordes of Adventures were
congregated at Amelia Island and at Galveston
Bay protesting TO be persons in revolt to the power
OF Spain; which project had been commenced
with an incompetent force, reliance being placed
on what might be drawn, in defiance of our laws
from within our Limits On this Information
Congress at that session proceeded to revise the
act OF 1894, and passed the act of 1918, now in
force, and already given you in charge. The
policy of the country and the object of the law was
that all private military enterprises which might
involve the country a foreign war should be
rested in their earliest incpent stages; that all
those who furnished money or means of any kind
with the intention and to the end of their employ
ment to carry on such military enterprises, and all
persons who enlisted soldiers, and those who
listed them, should be arrested at once and pun
ished--not eighty but ruinousy, in almost every
instance; MS fine of three thousand dollars and
imprisonment for three years would ruin most
men, and assuredly put il out of the power of these
convicted to do mischief for three years.
''This is the policy of the law. Nor has Con-
gress been 30 unwise to leave the powers of the
President doubtful in it's execution. He has the
power to call in aid the militia and the army and
the navy of the United States to seize both men and
vessels, and detain them for trial. or he may en-
power any other person to do 30 in the name of the
United States. And this has been done at New Or
leans, informed.
"And so likewise the United States Judges and
courts may by process order arrests, and thereby
empower the marshal to employ the militia as a
posse to execute the writ. He may arm and array
them at discretion, and all the force necessary
to execute the writ. He may also call in aid, by
order OF the President, the regular forces of the
United States. Aid cannot be refused, as the acts
of Congress punish the refusal in manner too se-
we're to be borne; has aid ever been refused on
proper occasions.
at is the pride and boast of this mild Govern
ment that its powers should be slightly felt and
hardly be perceptible in its ordinary progress But
any supposes that it wants siren 9Th in its u
dicial department to contend with opposing num-
bers against process and lawful authority, such
person is grossly mistaken. There does not exist
in the civilized world judiciary with more posi-
tive power than the courts of the United States.
No question of want of power isnvolved; and no
thing is wanting in the courts their jures, and Of
ficers, but steady adherence to their duty
Hon. c. H. DoSALpsoN.-This worthy, who was