The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-19
United States District Court,

Before Hon Judge Belts
THE JUDGE's CHARGE TO THE GRAND u,RY--TuF r.ary
ATTEMPTED ctBAN EXPEDITION
| MAY 1.-The Grand Jury having been sworn Judz,
Belts commenced addressing them by exvc..Ing hs r.
yret that any delay should have occurred in empane
ing Them because there many both of persons
in custody and those bail which claimed an en-
attention The Judge then defined the severa osences
on the criminal Gale ndsr laid before the Court b. the
District Attorney which, he said included varos Of
fcnses some Of ordinary description such AS the
Grna 1nry aad been seeastomed to investigate. iany
endeoyor to make revolt for inictne cruel and unuL
suai prThhment for assault with dangerous weapon,
and for rging pers to obtain land warrants he adj
vrrted to The accusations the calendar against several
persons fo~ be ng concerned In setting foot In this
port an expedition agcihst Cubs He said:-Gentlemen
you have undoubtedly by the public prints BY the
Presidents prDcamatio and other historical evidence
that the sttention or She government has been again
awakened to preparations and movement made ia diff
ferent parts of tie United States in this and Southern
ports indicating purpose 20 attempt another hostile
terprise against the island ofCuba II <but short time
since similar came ups this Court and had then
occasion to present to the Graud Jury views upon the
matter The government as IL asdty ia rsoirit Of Arm
and uprghtncss interdicted people from inter
ferng with other 1t is stated that there
various attempts instgaA to rebellion or else 10 ioa
other persons who have set foot rebellion over
throw the ex:apg government Of Cuba persons
have been arrested for this offence and will lay before
ysu my int rpretation Of the law bat do not feel my
sef bound to the construction, but shall leave mysef
open to the argument which may be brought before
IN the trial OF the caue The act OF April ~ l618 makes
provision in two three Of its sections the punish
ment OF persons engaging In hostility against nations
Congress has enacted stringent provisions against any
person within the jurisdiction Of the United States
gagng in measures Of hostile character towards any
nation or colony at peace with The judge then read
the various sections Of the statute and that
the first second and sixth sections appeared be the
only which might embrace the subject of the
present complaint. The first section says:That any
citizen Of the United States shall within the territory or
Jurisdiction thereof accept and exercise commissions
foreign prince state, colony, district people,
in war by land or by sea, s8ninet any prince stxte
colony, district, people, with whom the United
a ha Q.n0on n6S0u alrall
be deemed guilty Of a high misdemeanor, and shall
be fined not more than two thousand dollars apd
BY this you will that the first section prohibits any
citizen OF the United States from accepting exercising
war There may be room for doubt whether this see
ton applies to commissions given when there is not
actusly war subsistins between the powers giving it
and sc me other power, although there may be
or holding 1t criminal offence within the section to
accept commission. with intent to in a foreign
wax whether already foot or to be commenced The
second section enacts That IL any person shall within
the territory jurisdiction Of the United States enlist
or enter himself or hire or retain another person
list or enter himself beyond the limits ursdc-
tion Of the United States with intent be enlisted or
entered in the service Of any foreign prince state
sehmsn on beard OF any vessel Of letter of
or prvaeer every person 30 offending shall be deemed
guilty OF high mi-demeanor ami shall be fined
not exceeding one thousand dollars and be mpri-
soned not exceeding three years Provided That this
act shall not be construed to extend to any subject
or citizen OF foreign prince state colony district
or people who shall transeutly be within the United
letter OF marque or privateer which at the time OF
its arrival within the United States fitted and
,quippeda such enlist or enter himself hire
tain another subject or citizen OF the foreign
prince sts,e. colony district, people who l.
ieny within the United States to enlist enter him.
se to serve such foreign prince state colony district
people board such vessel Of letter OF marque or
priysteer II the United States shall then be peace
people This provision Of the statute Ia. no EXPRESS U
limitation to eniistments during time of between
friendly powers and may without any forced construc
tnn arlt. md
peace, but for the purpose Of being employed in q
ioreiga to be melted by themselves others they
service in the United States but they prohibit
ed from going out of the States TO foreign country
II "a alleged that our psopIe ars engaged in New
Orleans, Savannah and New York, in collecting
men to send to Cuba there to be organized, aud
stir up an invasion against the government Of
that island If IL appear that. although there is
nothing specifically done-nothng warlSe shores
yet II any man has allowed himself to be enlisted go
TO Cuba aud there be engaged In nsurecton against
that government he within the section the
But the portion Of the act Of Congre. bearing more
strictly upon the parties accused contained in the
sixth fection which enacts, That If any person shall
within the territory jurisdiction OF the United ststo
begin set foot provide prepare the for
any military expedition enterprise to be carried
from thence against the territory dominions Of any
foreign prince or state or Of colony district peo
pie with whom the United States (st) peace every
60 ode nding shall be deemed guilty of high mis
demesror and shall be fined not exceeding three thou
sand dollars and Imprisoned not more than three years"
The judge then observed that his duty lay before
the grand jury plainly and explicitly the import Of this
enactment according to his of IL: but
doing. he should not consider himself committed judicial
y against deliberate examination Of the subject II IL
should become important hereafter to those persons
implicated under IT, In any way prccuded from
giving the section different Interpretation IL satisfied
On full discussion that his present opinion l. crros
kirSt then, he said in his opinion the APP
pcs 20 all nitatory and incpicnt proceedings of the
kind specified having view to military expedition or
enterprise and not knitted 20 preparations completed
for immediate service action. To begin. to on
foot to provide or prepare the means for s language
most naturally signifyng the earliest and feebest
ment towards the end contemplated and manfets the
intention a. Congress to inhibit aud make criminal
every the smallest act done towards furthering mill
tsry enterprise from the United states against friendly
people In the next place il Is manifet that something
intended to b. intcrdctcd much short Of exped
ton actually organized aud ccmplecd with the officers
commissioned and soidcry armed and equipped and in
array for action lie considered II surprising that
impression could have been obtained within the United
states that this section OF the Law operates only upon
forces embodied aud organized with open stations
OF military and hostile purpose Vet such, according
to the public journals must have been the ptation
the Law has received in various sections a the country
end by persons Of intelligence II not magistrates
and jurors For unless governed by similar inter
probation of the statute would certainly be reproach
the usprudcnfc ct this country that the genersin-
chief inferior officers and men who ayowcdiy lcft the
United States, with arms and ammunition prepared
here for the overthrow of the government of Cuba,
actually landed there and attacked the armed force
stationed tor - defence, ami after open conflict
had been driven from the island and lied back to
this country. should nevertheless arrest and
ssiion here have been acquitted II all criminal con
Guct II y scarcely suppossbe thai fscts notorious
Il appeared 70 be the policy OF many concerned to
endsr the accomplishments of that invasion. could
vsnt proof before any uf our tribunals aud the
immunity which those who planned and conduct.
ed the enterprise hsvc enjoyed must have resulted
ftom the idea that TO constitute this offence. every
thing Necessary g The equipment and organisation
uf The expedition must have been completed within the
United Statss The Judge then observed that in his
opinion the whole purpose sf the statute could be de-
fcated by such an INTERROGATION and instructed the
grand jury that the act would be yioaea II Is proved
that the parties accused sy themseyesor others By eyi
deuce of funds procurement of mutations OF
81 gemeni~ arrangements with mon to embark in
hostile enterprise aga net CUBA, &C BY purchasing
frrightng charcfsng vessels With view TO trans
port ani sunitions Of In furtherance OF
the expedition, whc her the munitions actu.
slly embarked on essrd OF not sna to however small
pon they may bsse advanced in executing their pur.
pcee the accused liable to fndctmeuk tor such acts
The offence was no less committed because p,rperatci
under the mack cf secrecy that OF honest niycn.
tgre Tho facts which the goveri,neat suppose theu-
selves in possession uf and While heX will cont nj
within the aet Of Congress- taaf the indvi1uas
cLarred LaEe Lnnn % On