The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-05

tenance can be givon to the proposition But think
requires and deserves tho unqualified disapProbation
from the place which occupy
H-This expedition, whatever 1t might have boon had
never gone forth. Now, gentlemen this proposition i
to support The statute does require that the expo
dion should go out and the decisions which will socr
read to you win settle this in like manner,
HI.-That the law Of 1918 is q neutrality lsw more
proposition must stand also corrected by
examinations which will incorporate iato my remarks
-The law of 1888 shows that the ,sw Of 1918 could
not operate. The law of ISIS was temporary law
adapted to the peculiar condition Of the Northern fro
tier and rule OF evidence introduced founded
on probable alone sufficient authority TO seize
and stop The incursions into the Caaiasthon by this
law Of 1928 set OF officers were vested with the
power 10 take possession and stop the invasion. IL ia
therefore, inappicablc. and may be laid out Of view
VIZ convicted these defendants are TO be sent
to the State prison This ia not These vared
propositions Of the law cannot be sustained by this
Court. will have you distinctly understand that
the defence cannot De aided by these propositions
they will afford security to the defendants think
il peculiarly unfor innate that the defence ehoud bo
placed on grounds 80 untenahe And shall here cntreat
you by no means to hazard the cause OF the defendants
upon such grounds Gentlemen of the Jury you will Sce
now hy what follows that NIL these questions Of law
been settled. leaving nothing tor 10 do Scop 10 ac-
guiesce in the law it has been declared
by all tho learned Judges in the United States who have
passed upon the questions The decisions haze been uni
form. and surely il would be worse than prcsrmnton in
me- even to question what has been thus essb.slad by
such high and ample authority, My busin,ss Is TO pro-
nonlce the law ~ II Is and II H. yours 10 receive IT, and
be satisfied hold IN my hana the able opinion of the
Hon Judge Belts delivered after full argument On this
very Indictment delivered from this bench last Ju,y
Every question Of law raised this argument then
decided How can / reverse that Judgment! You know
who pronounced it, and the great weight to which il is
Untitled fs the long experience anu great leang of
that Judge find also, by the repGr. itself that these
questions have been submitted to thu learned Judge Of
the supreme Court who prcsiles over this circuit. tha.
he concurs in the Law there ruled and Of course it
has become the law in my district well il this
while it stands unreycrsed il Is the law Of the Union
annot stop here to read the whole report but will
cad IN your presence 3 few cxtracts:-
This Is all deem to be necessary to be said this
nection in relation 10 the views Of the Executive Depart
mcnt Of the government antccedcpt and Subsequent 10
The passage OF the law land in this respect the acts II
1894 and 1915 may he regarded identical so wing IN i it
was called for and always accepted and enforced law
no less o non interference by citizens by military eX
petitions against nations ut peace with ali the world than
one prohibiting act Of hostility in favor Of any begraat
power against another in peace with the United States
This topic however being the which the defend
ant chiefly rely they insisting tho OF Congress does
not apply to the facts alleged against them and the
son beng or gr'al pula,c @em.at y cur eTg citizen.
and in relations with foreign 6vernlnsns Ii Il msst
the subject should be considered under other aspects
And think the import Of the law collected It's face
according 70 the established rules Of Interpretation plain
denotes the intention OF Congress to stamp crimes
acts done within tern tories, designed violate tbs
peace and rights Of friendly people, Whatever may he
the relation OF such people in respect to other nations
The cardinal consideration is they in amy with the
United States and, II persons shall be permitted
within jurisdiction, take any wars r0su.eg de-
signed 10 disturb that peace
Il see no mode Of satisfying this language but in
holding it comprehends all the acts when
mtod within The United States, against friendly power.
without respect to his relationship to other powers
This It appears to me- has been the ucceptaon in which
the act has been received by judges and
nent jurists since its enactment"
II j. part Of the description Of the offence that the
expedition enterprise shall have LETT the United States
and accordingly IT can he Of essential Importance to
nlcgc the particular point contemplated for its depart
Inc guilty purpose must be proved. and the guilty
f all done within the district If New York and
whether the defendants intended to put OH the expedtion
NJ tastine or Galveston or any INFERNO date point
have occasion TO refer again to the opinion o. Judge
Fets. contained in his charge TO Grand jury of this
district and the legal argument which it embraces
much In accordance with my own views that deem it
proper to make il part Of my charge. The Clerk will
ohlige me by reading it.
hs ns Of April % ISIS hols. q
to r nations The NJ ms, are a. ~. no
Hs sisa'fs and
ain Of tbs govsrnmen. % maintain In leaving
himse At II. own option and connect hnself with any
unqaes,isSahls power prohibit that citizen adsiiusy
Or IN association with Others entering iusc ensagemento
yes,os IN hostility other nations vStrh may COM
Sr rfasG NTH them Il SGsd 70
ifmsn rht DO allowed under the influence q c
hSes sgana asio.. in gss,o with rs ana due ~ s
NE SG saa r ~ IN cn
,s country ut their own dscrotion the calSmitios Of
IT, viii q he p'ii lion EXPRESSED in Iii, ssses
hs iafsaetoa Of tie and rights OF aa'iy pswors
~ Sgr svn EG9n ar b. acts done Mia or tor
like purpose er tendency against any foresn govern
peace III oily Of the which ny s
tie cope Of your inquiry to the Court and T. wliih
ton ne tth seciion makes il high misdeacaasr for
any reron within the territory or jurisdiction q the United
for milit expedition terpiie D. carried
S c1sa' i any s' ceay or
with whom the United States are 1t peace
Il rrch hon nj sfnr tury
]. brands national offence the II pcse by
y to f "a ga Il dss wit WITH
ieet . 70 eonsun|atsd BY any formal ersaaa
ton the purpore in the first acts mamie Kit
nniag would be the first incircn step .ascn With view
to tho Snt.rrrse y either engagqg men mutations
nance and even !. necessary that the means
those sss T would sar
1 the an.
bly, include also any arransenen. hayas in ov tho
nd and fuI,her.nse the ensesPrise Under this rrsvon
person or persons have been concerned wta this ,ct
Netr By them or rdus Their 20, or ' ausae
have been secured enlisted. employed carry
that and he S'f' pss
af n1 io 70 him s pa r uas a
present him fl trial before this Court 1t must be manifest
taken viii be managed with much disguise anton; it
not rrobaeo that soldiers will eG opsa enlisted o. e
s5ns q war sr men 70 ts field 2, ae.iar .d
% criminal PROJECTS contemplate b.. You dicovsr
the PURPOSE really e be to supply the mean q h9stile a.
ard T. win V for the Violation d the
ii tleir teeu openly and owed intended
for hostic INVASION and wagins war that ui.y
superaddod to this authority. CONTINUED Judge ul
scn). which alone would be conclusive have
the opinions II judge Mclean. Judge Cgtron, Judge
story, Judge Mckinley. and Juc NcCalcb oil - the
same point fully ard powerfully tanning IL decision
&c Judge Ectts. think may scy to y0n with entire
confidence that the law i well settled at the sets