The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-05

you Wa5 UtIIVeItu AltIIpOTG, DuI HaVG GHutaVUI-
ed IN writing II out, at your request TO embody, as
far as my memory enabled me, the ideas commu-
nicated and the words used.
With the greatest respect and esteem, ! am your
o'eo'e''' servant JOHN MCLEAN.
CIRCUIT COURT UNITED STATES OcToBER
Tenn, 1851.
Charge of Judge Mclean to the Grand Jury
After presenting to the jury certain violations Of
the laws of Congress, which ordinarily come under
the consideration of the Grand Jury, he remarked:
sense of duty requires me to call your special
and serious attention to an act of Congress of the
Goth Of April, 1918, which is entitled Z" act for
the punishment OF certain crimes."
The let section of that act provides, "That if any
citizen of the United States shall within the terri
tory or jurisdiction thereof accept and exercise
commission to serve foreign prince, state, colony,
district, or people, in war, by land or by sea,
against any prince, state, colony, district, peo
pie, with whom the United States at peace, the
person so offending shall be deemed guilty of a
high misdemeanor, and conviction shall be
fined not more than two thousand dollars, and inn
prisoned not exceeding three years"
The I'd section declares, "That If any person
shall, within the territory jurisdiction of the
United States enlist or enter himself, or hire or
retain another person to enlist enter himself or
go beyond the limits or jurisdiction of the United
States, with intent to be enlisted entered in the
service of any foreign prince, state, colony, dis
trict, people, a soldier, SC, shall be deemed
guilty OF a high misdemeanor, and shall be fined
not exceeding one thousand dollars, and impr-
soned not exceeding three years."
Sec. 6. "That if any person shall, within the
territory jurisdiction of the United States begin
or set on foot or provide prepare the means for,
any military expedition enter prise, to be carried
on from thence against the territory dominion
OF any foreign prince or state, of any colony,
district, or people with whom the United Statcs are
at peace, every person offending shall be deemed
guilty OF high misdcmeanor, and shall be fined
not exceeding three thousand dollars, and impris
oncd not more than three years."
To this section your attention is specially
cited. You will observe that the enumerated
acts which constitute the offence are all in the
distinctive To "begin" the military expedition
spoken of il an offence within the statute To be-
gin it ia to do the first act which may Lead to the
enterprise. The offence is consummated by any
overt act which shall be commencement of the
expedition, though it should not be prosecuted; or
If AN individual shall "set the expedition foot, ["
which is scarcely distinguishable from beginning
it. To set it on foot may imply some progress be-
yond that of beginning it, Any combination of
individuals to carry tho expedition is Getting
1t on 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 not engage personally in the ex-
petition. If he furnish the munitions of war, pro-
Visions transportation, clothing, or any other
cessaries, to men engaged in the expedition, he is
guilty, for he provides the means to carry the
expedition. II must be against nation people
with whom we are at peace.
In passing the above law, Congress has perform
cd high national duty A nation, by the laws
of nations, is considered moral being, and the
principle which imposes moral restraints On the
conduct of an, individual applies with greater
force to the action of nation. "Justice," says
Vatte sis the basis of society, the bond of all
commerce. Human society, far from being an
intercourse of assistance and good Offices would
be no longer any thing but vast scene of robbery
1 r,rt h ,.t
secures to every one his own" at is still more
necessary between nations than between individu-
ais; because injustice produces more dreadful con
sequences in the quarrels of these powerful bodies
polite, and it is still more difficult to obtain re-
Dress
These remarks are made and the law cited in
reference to the late military expedition against
the Island of Cuba That expedition was organized
in this country, and was composed principally of
our own citizens. Its object was to subvert the
government OF Cuba-a part of the Spanish domn-
ions. With the government OF Spain we have
treaty of peace and amity foreigner was at the
head of the expedition He seems to have been
credulous and weak man. He was impetuous, but
was wanting in sagacity and Judgment. His mel
ancholy fate may excite our sympathy, but his
memory is loaded with the excavations of thou
sands He was instrumental in corrupting the
minds, and Withdrawing from their allegiance,
many of our youth, who have paid the penalty of
their temerity and reckleasness. Their conduct
admits of no other mitigation than that they
misled by iasehoods. They induced to be-
lievo that considerable portion of the people of
Cuba were in arms, with the determination to over.
throw their government Those who were instru-
mental in creating this delusion have an awful ac-
count to render to their country and their God.
The invading force, instead of meeting friends,
met determined enemies with arms in their hands.
AT every step the invaders were opposed, and it is
not known that single Cuban Joined the enemy.
As might have been anticipated, the career of the
invaders was short and extremely disastrous.
Their sufferings were almost without a parallel;
and, with two or three exceptions, those of them
who were not taken prisoners and executed, we're
sentenced to an ignominious imprisonment in
Spain.
This second expedition terminated more disas-
trousy than the first one. That was fitted out by
the same leader, and the force also raised and
organized in our country, in defiance of it's laws
The leaders and men alike guilty in each,
but az, in the fret expedition, but few killed,
1t created less sensation in the country than the
late one. These unlawful enterprises have cast a
shade upon our national character in the opinion
Of the civilized world. They uniusty, more or
less, connect our Government with the outrage,
and they ascribe il TO lust for power and national
ACKNOWLEDGEMENT. The Chief Executive, by procla-
Ination, from time TO time, warned the country of
the unlawfulness of the enterprise and of the pun
ishment to which those engaged in it would be ex-
posed. The Executive and ministerial officers OF
the Government were admonished to be ON the
alert, to check and defeat the neiarious design;
and part of the navy was charged with the same
service Bot these efforts were ineHectua; in their
trnmplcd upon the laws of their country, and
rushed upon their own destruction. To suppose
that they could, under such circumstances, have
been imPcled by any justifiable motive in their
own views, is to suppose them TO have been labor
ing under most extraordinary mental alteration.
The duty of giving effect to the law devolvcs up
on the judiciary, and you, gentlemen, for the time
being, constitute an important part of that branch
OF the Government. And now that the excitement
growing out of the late expedition has subsidized,
and its fatal results are fully known, it becomes US,
from the positions we occupy, to take calm,
considerate, and legal view Of the circumstances
which led 10 it, and of the acts of own citizens
In this respect your inquiries viii be limited to the
district of Ohio.
Our own history may show in what light our
Government has considered those opposed 10 us
who placed themselves beyond the limits Of civil
liked warfare General jackson, while engaged
in the su6jugation of savagcs in the South, captur-
cd two white persons who were banded with them
and in great measure controlled their dcpreda
tons Arbuthnot and Ambrister were British sub
Jects, who having been taken in arms fighting on
the side OF the Indians, against our armies and
WITHIN our territory, were suminarly tried and
suInmarily executedi and the commanding gene
raj euHtaine ed bv his Envcrpp,a,t n.S-2 NJ