The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1851-11-25
The Independence Of the judiciary Judg Q
McLean on the Cuban ExpedlteOn.

4
| Judge Mclean has recently charged tho
| Grand Jury, in the u S. Court in ,he District
OF Ohio, in relation to tho Cuban expedition and
| the liabilities incurred by those engaged in IT,
The charge is an excellent one, and fully ex-
emplifes the independence of the Judiciary
AS the Washington1n 1ntelligencer says, "never
has the beauty Of this feature in our political
system shone forth more rependenty than in
the character of the periodical charge which
have within the last year been delivered from,
the benches of the Circuit and District Courts
of the United States in every part of our ooun-
try. The charge from Judge Mclean, the
senior Judge Of the Supreme Court of tho u.
5. is sound to the core. as we'll upon the obli-
cations of International and statute law, as up
on tho obligations of international and statute
law, as upon the moral principles by which all
nations, as well as individuals, ought ever to bo
governed, who have character to lose. or a
character,o o acquire" Wo make the following
eqtract. He says:
"There never was nn invasion among civili-
zed nations more atrocous and less excusable.
Let us suppose similar invasion of our own
country, And here it may be promised that il
complaints against our Government and de-
termination to overthrow it in a certain quarter,
afford any excuse for combination of foreign
force against US, strong case could be mado
out. But suppose IN armed force. acknowl-
should invade any part of our country with an
avcwed intention of ,overturning the Govern
mont, how speedily would it meet destruction.
Such an indignity and outrage would cause
the blood to thrill through tho veins of eyefy
American.
Gen.lemcD, our Government must be just to
and just to those nations. A Gov
ernmont Is responsible for the acts of its oiti-
zens. Not. it is true, in the first instance,
flav
ly nation. But if such citizens are not punish
ed, or given up 10 the injured government for
punishment, the nation to whom they owe all
ogiauce becomes party to the wrong. This
IS an acknowledged principle in the law of ma
ions. But the duty we owe TO ourselves is of
he highest obligation. No free Government
IAN be sustained which does not enforce its
avs.
A deep and abiding respect for the law has
heretofore been the glory of our country. In
hat consists our strength Those who arc
with the principles of our gov
'rnment seem naturally to conclude Il is want
ng in energy and power But they do not
the secret Of It's strength. The
majesty of the Jaw pervades every part o: the
laiion. 1t operates unseen but its effects are
'isible. II has heretofore required no military
IispIay TO carry it into effect. But am con-
erned to say that our late history in this res
oct, VIII noI cOInpuTo Win tHe pdeL, lner0
!, fear, growing indifference to the laws
When Aaron Burr was suspected Of being en-
aged in an enterprise against tho adjaoent
royince Of Spain, connected, as was apprehen-
cd, with dissolution of the Uuion, the coun-
y was greatly excited, and he was pursued,
rrested, and indicted for treason. Does tho
lme deep feeling for the Union and its laws
DIV pervade our countryi
lf it shall appear from the evidence that shall
. given that any of our citizens have violated
10 above law. it will be your duty to indict
em. Laws that remain upon our statute
'ok should be operative, or they should DO
pealed. The national standard is lowered.
I'd ficentiousness Is increased, by failure to
lforco the penalties of the law.
Our institution can be sustained only on q
oral basis. This is wanting in France, and
cy cannot maintain free Government They
ay have tho form. bnt the substance win bo
anting. At this moment tho republic of
rance as it is called is restrained and gov
ned by physical power. An6 if our Govern
ent in our external and internal affairs, shall
so managed as to destroy it's moral basis.
Q maya well attempt to build structure in
Q air as TO sustain It, | fear this great fact
ny not be properly appreciated. On it de-
nds not ont only the prosperity of our free
but their existence.