The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-15

TRIAL OF GEN. HEsDERsuN.-NinM Day-Ecening
SeSston-A O'Clock. Gen. Henderson rose to commence
his agume t. With much emotion, lie ssd that for the
INST time IN his life, he stood before Jury Of his countryen
arraIed Tor an offence and while he felt much embarrass
ment, he asked for sympathy He felt that the posseu
ton had wtonged him, and il he did it, he asked
favor lie would araign for The institution of the
prosecution but with sense of his wrongs he would say
that his case might have been different had he not been held
up for SIX months offender against the laws of his coun
y exposed to the shots of every petty scbber who
lie was serving the Administration by laundering him. Had
he ben aragned the Constitution said every citizen should
and had speedy and impartial trial been given him. he
would not have feared the verdict of any Jury who might
have delberaied his The Constitution continued
Gen. H. SECURES freedom from arrest, unless an AFFIDAVIT has
been made and had he been examined ore committing
magistrate instead OF having his before Grand Jury
with no power to defend himself he would not have occ
pied his present position before the public The might
not be OF much Importance the public, but much
mportancs to him. Cen Henderson then read the Con.
uton, relative to the highs of cizeus and the opinion of
Attorney General irt that tho President could not
Issue proclamation for arrest without affidavit
By the constitution, continued Gen. H. the prisoner
lie heard and have opportunity of giving his why
lie should not be imprisoned instead OF being ged to pr
by order of court issued parte evidence lie was
not without gratitude however, that he before Jury
OF his counrymen instead of Spanish tribunal as the les.
mony showed that had been. lie thankful that
he had passed from the ordeal, and before Jury
where testimony could be heard in his behalf
The Grand Jury of the District short time before could
see nothing Illegal in the capture of white man on Amer
lean soil by Spanish consul but they probably had reasons
Tor the in which hey viewed the subject and no
would not attempt to gansay those 1t might be
that the accumulated force the Government had been con-
entrated against him. becsue of the failure of the proecu
on of the Spanish Consul a clear the mind of
the Executive that, although the Grand Jury had declared
him innocent, he dismissed from his post lie
new not why great contrast should be exhibited between
the cases. He knew not why assistant counsel should
have been employed in his when done the
other and he did not feel ground of equality with the
spanish consul although he citizen of the United
States
lie, (Gen with all due respect to the court would say
to teJury, that they heudges OF the law and the
N his lie then read from many authorities and argued
as great length to show this position be He then
reviewed portion of Mr. Benjumns speech relative the
neutrality laws, and argued against of the grounds he
had taken He showed by tho Of the u 8 Hudson
that had been decided that the U. S. had law.
and that the u s. Circuit Court had common jursdic
tion He commended that Congress first make an act
crime and specify the jurisdiction of the Court before any
act could be noticed a crime The Supreme Court had
% ms M 10. ions after JUDGE jaw had at
tempted to Introduce it, Mr. Benjamin had argued that #
the statute did not fit John He dersons they
tend their jurisdiction little and convict him on common
law, the law of nature Of nations Gen Henderson
then spoke Of the which produced the law OF 1884
and said that 1t was not anything that done by
o"n citizens. Citizen Genet. minister of France con.
tended that as minister he had the right open rem
devious and beat for recruits for the service of France
his right was disputed by he adm nistraton, and long
sud not the conduct of the Kenuckans had been stated
oY the prosecution The mouth of the Mississippi was
blocked TO the Kentuckians and they not get their
Ffoduee below New Orleans Kent lucky had arrived the
dignity OF State and she felt sore matter of course
that Spain with her usual out.thoa and doggh policy
should refuse them the Of the mouth of the Mississippi
le administration was told that if it did open the mouth
OF the river, the kenuckans would do themselves Gov
shelby wrote that they could not be restrained judge jay
said that law wOud answer and this fact was
geed to Gov Shelby by Thomas Jefferson then Secretary
OF State Gov. Shelby replied that he of no law in
kentucky TO restrain them, and he might lave aded con
unued the speaker that there no disposition to restrain
lhe Randolph, who succeeded Jefferson wrote to Gov.
shelby, asking him if there was no law in hs State bv
which czens who wished to violate neutrality laws could
D1 Dohhu over TO Keep the peace Alter correspondence
Randolph fnnly nOwedged that he knew of no law
touching the case and urging Gov Shelby his influence
with the people, to keep them quiet the admins trao
was doing all it could to arrange the in dlpute with
the Government of Spain. All this had been brought
10 show that John Henderson was guilty He though
it perfect buresque Mr. Benjamin, in his review of the
history OF Louisiana had forgotten mention part of it
whch was familiar to many After the ceon of Louisiana
France and by France to the United States Spain con
tended that what termed the Florida Parishes including
the town OF Baton Rouge mentioned nor intended
10 be included in the cesson What happened then Why
band Ofmen, under the command of Gen Philemon Tho
like these who have been called Fiibusters Bucca
niers etc. turned out and drove the Spanias from the dis
puted country taking this of Baton Rouge at the ONT
OF the bnyonet They claimed the country by right of con-
quest and wanted negotiate with the Government for the
de of it, but President Madison would admit this propo
tion. He said, although we Qhe Government do not re-
pove your conduct canrot purchase the country from
The United States will, however, eventually reward
you. Thus, continued Gen. H., conquest by Buc
GAMERS made available by the United States and the EXPENSE
Of every concerned in paid by the Government Gen
Philemon Thomas received only few years since tract of
and, reward for military services in taking West Florida
from the Spanards Would Congress have thus backed
piraca and maraudng expedition They stand precisely
where Joha Henderson does Mr. Benjamin did back
quite far this as would have benefited his case
lie has read the treaty with Span and has told that each
citizen bound by it. 1t that the nation in the aggre
bound by it, but will the gentleman attempt 10 tell you
hat the ratification of between the Secretary of State
and ambassador from Spain makes criminal law Of the
country? If he would this he would say almost any
thing ridiculous.
BY the treaty of 1919 continued the Speaker Spain was
for the injuries done by the Expedition
because well known, and the Spanish Government
had the evidence, that the expedition known and con-
nved at by Government The Presiden and Secretary
of State fully Of the whole matter The Ples.
ien ntmaed to Gen. Miranda that he could not give pub.
lie aid, but that he and the Government were willing 10 let
citizens who wished to do This the reason
and the only why the damage done by the expedition
feed. The gentleman has told you gentlemen of the
jury that he quite certain find John endsrson
guilty. but he hoped would not and the Of your
doing he spoke of Executive clemency lie (Gen. H)
held utter contempt all idea such cemency he would
rot in the Spenish Habeaero, than receive pardon
om the Executive if convicted ofths charges against him.
bearing his ease. and more particularly the legal
strucuol of the terms Begin and se foot >. which
the sixth section of The under which he indicted
He spoke until little past O'clock when the court ad-
journed TO ii O'Clock yesterday morning.
AT that hour he renewed his Argument but the
after compelled to adjourn consequence of the sick
ness OF Mr.. Greenwood of the jurors. The will
probably be resumed at 10 O'Clock this morning.