The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-09

Of the onc aud I'll the individuals Of which the other ma
Of the wills of III tho people This 10 the theory in All
governments and the matter Of fact in ali free govern
win Of the people Of the United States and there
can be doubt Of its being n moral IA well
c Ts .na s sna or 70 Ss
civil government. Every American citizen and every
itish subject resident In their respective counsrica be-
came by the declaration Of enemies to each other
and the idea that any commercial intercourse pacific
dealing cond lawfully subsist between them without the
clear express sanction Of tho government utterly
inconsistent with the Of duties growing out Of
state OF The point woud appear to rest on the OBJ
vioE dictates OF well the paincst deductions
OF pubc policy II individuals could carry on ricoa
~ intercourse Will, the government waa ut war the act
Of government and the acs Of pdv,ra would be con
Trajectory The will Of or Of few would. ~ far ~
the example went con,ravene the declared will Of the
wheie Such principle Ia certainly tho parent Of dor-
dsrt inculcsles contempt OF lawt throws obstacles In
the wsy Of the public elorts-and il contains within
itself The germ Of treason and rebellion" War being
us ;nportnnt-the most responsible n,ate or condition
in which nation can he pacedit follows matter Of
coursc that IL cannot be commenced by individuals With
out the authority Of t,es government for Il this were
then majority q the whclc people nht be placed in
this responsible attitude by avery small minority Ths
cannot lawfully be Those who without She authority OF
the,s goycrnmt ut begin private when captured
on the zen by the forces people Of the country,
sssaiied treated by the law nations pirates
and piiacs consier,d by tue general law
hos,es humci srrefis eneics Of the whole human
II The a.saans invade the territories OF friendly
power and taken upon the land then they treat
Cd by toe law OF nations robbers and outlaws and may
be put 10 death without any claims their own country
FORTS ntcrposition, II u established principle Of
tho law Of nations said General Jackson in the OF
ATbathnot that amy Individual u nation, making
against the citizens Of any ether nation they being ~
peace forfeit hi ae glance aid IN OUTLAW and
pruten The policy of the ited States from tho first
foundation OF their government down 60 the prsent n,
has beer policy OF peace and nonulcrycnon with tie
affairs of her motions. This fully proved by the dcci
sicns Of Warrington and his cabinet in t9J wilen te
French revolution disturbing the quiet OF all Europe.
The letter a Nr Jefferson TO Genet ayo,B this policy.
Uis ruotions TO Gouvcrnour Morfa minister
paTis written ty the drreoa Of the President, TO be
communicated to The French government pgoc!aiins II To
ali Tho world lhe proclamation q nen1.a1ty nonalns
il and Va hingtons letter 10 Patrick Henry in lTo5
gives the sarcon Of hs grai to the entire po
hey Of Intervention and neutrality In this letter be
sys; Niy ardent dCsire ~ and ailn Ina been, NJ FAR
depended upcD tine INecrtiyc department to comoly
strictly Win an our cngpecnents tori,n ad domestic
bu. 10 s The United states free from political connee
tom with every ether country To them independent
OF all and under the influence Of ronc In word want
American chnsactcr that the power OF Europe may
he convinced act for ourselves ana not Tor othes-.
This in my judgment l. The only way to be respected
abroad ana happy nj bomc and not by becoming the par
tuDs Of Great britain France. create ds,cDsion9
disturb The public tranquility ana destroy perhaps for
ever, the cement which binds the Union B. notwit
standing the peaceful character OF government and
its wish 70 preserve anicale relations With the ret Of
the world il became necessary during The struggles OF
the French revolution, 10 point out means by STA
tuo, which hord enable the rcsiden. to carry into ef
feet the obvious policy of the nntioD The trial OF Hen
od in the year 795 or violation Of our neutral rcla
tons with England by ciis,ng 90 board Of French
pryaeer within The jurisdiction OF the United states ex
hbitCd The want OF amorc par'cnardrint.on OF offences
under this head and this necessity led to the passing Of
tic act ot lIe1. winch ~ the fpUnton OF ttat upon
which the present prosecution has been commenced or
this statute. Chief Justice MaThai says THE history Of
The day informs TINT i. considered d"r!atory
q the precxisting law Of nations and was intended 70
aid the Executive in The enforcement al that law" The
simple passing II this Goe mere incorporation Of iis
principle &C national law into OF our eiatutcs
gems to have secured. ut The time all the objects for
which il was passed for during IN remaining period u
The administration Of Gcne.al Washington pro,cc-
tlcns under the Of 1Tg took place any L.
gal proceedings rosorttd 10 for the ,ndicaion OF cur na
tior char, ctcr put after the irau Ger OF Louisiana
lhl nj M ne .f
tcTson became cxpedcn to enforce Iis law Tor pubic
purposes; and by the direction Of thnt distinguish
against Smith and Ggdon, in thia district, for
having been concerned in the f,i'ng out q M,raudas
expedition against Caiaccas, and also oganst Col Burr
Ter projected attack upon Mexico These prosecutions
will probably be the subject of examination 70 some es-
tent during The progress of the present trial and are here
oly briefly referred to in passing 10 the act Of 1878 After
with Great Britain Ind been brought TO M honor
able conclusion at the close Of the yc' 1871 Tie collisions
between Spain and her SVuh Ameriep COLONIES began 70
engage The attention u HE whole cyili2ci wo; and Ia
me ay, that if e,e. there war struggle when enssscd
the c,rgs enlisted the s5npgtb!c - e people % Inc
United States Il TINT very conflict IL which hlYc
rctliod On the one side were coon' situated, IN sane
respects ouIs iuting The OF the revolution
They Tho continent IN or oufsiY7s ant
some q lcm IN direct contact with pan own territories;
sud l re- WAS eusc If n cayp ever could arise IN which
tie pullc continent would permit individual citzen3 Ut
our own country TO niiisc IN .o:cign struggle Nv
how WIS tins ;t;.!c 81 things MOI undgr he democratic
stniiris;laioDs 81 Nr Madison MD Mr. Mulroc. with
| Unlimited inaiuIle. u both house 81 Congress? ~,
iie act q 1864 i,pealcd Nr permi sion given, c,r
cri!t tE,usciycs thu sdc ~ The spanish colonies
against he mother soun'! ~ To ine part - foreign
WAS At their own orcit,oni bj the ciiins .tatc}-
| iD,n q ilm time, glowing a. ihey we're WIN iF-
| tf!oic icIi'ng ard republican Fyn.athy-tid they
| give onuricnanre to piracy nnh p!uuder 90 un-
i,,nstd waIara " irresponsible individuals against
TIE power ard inoast Of spain Far .ipin u grnlic
men 50 far from giving coancusntc 70 any surh plan
o. idea The Congress If 1917 Immediately made the law
e JstI strict II possible by new ciino'mcns and
finally Tie crimes act ii 1915 Wa adopted which has
remained upon statute books since. he sub
stance OF this law has been p3it Oh pubic
ior half century; nor i there amy contingency hke'y
10 aisc when the people the niiec states will ever
join in rromiscuous warfare against forms OF govern
mtn differing from their own. to enable Visionary men
to attempt The carrying cut a mp.aeticnbse sheones 70
The general disturbance OF the whole civilized world IL
becomes my duty. gentlemen to explain to you tho
act Il 1878 ior under it, provisions this prosecution has
bccn commenced and under 1t also all your duties must
IT. discharged Here the District Attorney read the act
q iss and commented upon l. at large citing various
judicial opinions 10 sustain his views He then proceed
Cd The law Of 1915. ike that of 17oi seems to have
answered all the purposes fer which i was passed IT me
the struggle between Spain and its south American
colonies do not find the record Of any direct proecu
ton against the pcrsons Of individuals for violation o.
the public peace although questions Of property growing
cut Of The true construction OF that act not UNI
| frequently engaged the attention Of our courts;
| Tut in 1865 difficulties arose, and the United
states again compelled to review their
previous policy, and either prcsorvc i by new provision
sprung UP 1T This period between Great Britain and her
Cnn,dan colonies in which portion Of their population
became arpe,d to omen resistance of the which go
Of New York. Vermont aud New Iampsbirc the syinpa
es Of citizens became awakened in behalf Of
hor excited and noehbofs and individuals in this state
rforocd TO take open part with them in their commence
irg sIregeto throw their person and property IN
10 The scale, and commit them III TO the uncertain
clarcos Of civil war Here. again opportunity
Tor The people of the United states TO review and abandon
OF confirm the ancient policy of their fathers. demo
! cratic administration again in power Mr. Van Bu-
IT the head Of Affairs. President OF the
United states. he II became him ia his high station
to DO locked into the Whole subject; he condcfei tne
rast hoiy Il affairs applied II then present con-
diliop. and neqer for moment thought wise or Pru-
dent us aud humane to allow excited men 20 engage
u,,Ttc Sarfc 10 tle evident danger the public peace
lie called the attention q Congress 10 the state os icts
The law That body acted upon IT, and made new ana
moe crcic tie provisions for the tranquility Of the fpub
liz and rpstrpp the passions II uniccned p'rtl'an5
Here the District Attorney reicro, 20 the CONDITION
Affairs frontier in lS:Ilo the message OF VIZ Van
r0n. grd his proclamation 81 that year b0th oi "hich
he rad othe iny and connie nted upon NJ larg' lie