The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-27

TAs Cuban P1labusasrs.
CHARGE or JUDGE CAMPBELL TO THE GRAND JuRY
in TIE UNITED STATES DISTRICT ooUKr. AT NEW
(From the Picayune June col
On the empaneling Of the Grand Jury in the Unit
Campbell delivered strong and special charge
on the duties Of Grand Juries. and the principles
Of the law applicable to the case Of the infraction
Of the neutrality act referred to in the late procla
nation Of the President. The charge occupied
nearly an hour in the delivery and was listened to
with extraordinary interest. We hope to see it
published ia full hereafter. At present we can only
give general idea of the leading doctrines and
prevailing tone. After defining with minuteness
the duties and obligations of Grand Jurors of the
United States, particularly in the protection OF the
public character OF the nation iinst infractions
Of its treaty spulations, and its obligations OF good
faith towards other governments, the Judge pro-
ceedeo to the immediate occasion for addressing
tn, m. He stated that their duties were indepen-
dent Of any Information of particular facts from the
court from the Executive. The court itself is
independent branch of the government, charged
with the duty of watching over and maintaining
the laws, executing justice and preserving tranquil
ty, and the Grand Jury as part Of the court, mast
proceed to do its duty, ON its convictions and
belief. The court has no knowledge that reach
OF the law is in contemplation, nor any Information
that there Is an expedition on foot against
q friendly power, but there is enough to make
it duty to institute an inquiry. If it should
be as .eitained that any citizen is engaged in
such an enterprise, it will be their duty to present
il truly aud fearessy Should any expedition depart
from this district hereafter in consequence OF their
neglect OF their duty, the responsibility will rest
the Grand Jury, and not on the Executive the
Judge. They bound to notice and repress not
only military and marauding expeditions, bat acts
waitn encourage aud prepare them aud to Interfere
t. prevent ambitious en- from carrying out such
pr jects. He proceeded TO define, that no
Iahe a commission to serve any foreign prince
person against friendly State, nor can he enlist
thin the United States, go hey ond tine United
Safes for The purpose of ebhstng in such service
IL criminal 10 begin within the United States the
fitting out OF any expedition to be carried on from
the g, or 10 furnish or procure the means OF ittag
out such al expedition. An organization Of armsd
men, q levy enlistment OF men within the Uni
Il, States to be armed elsewhere ont OF the United
States, is military expedition. II Is not necessary
constitute them such that they should land
mes III any other place out Of the Unite1 States Ii
they 60 ont to be armed it isa military
petition within the meaning OF the statute. The levy
ing OF men with an intent to commit violence against
frie idly power makes military expedition. Squads
companies of men, having destination for
Cuba TO wrest it from Spain, with or without
arms, ale military expedition. No human lnge-
nu'ty can contIiye to take men from tne united
fhfractOn Of the Law military exped tlon re-
qui,es pre-arrangements, and all preliminary acts
which are designed to promote such an organiza-
tiun are III the nature of setting on foot q military
expedition; and the Judge denounced the expe-
dents with strong epithets He went to say that
any contribution Of money made with a view OF
purchasing arms, uniforms, equipments, pro-
visions for such an enterprise is in violation OF laws
that the issuing OF bonds in aid Of ouch service is
in violation OF law and all concerned in it are GRIM
inal. The holding OF meetings to prom:te such
plans is in violation of the law, and they who, at
such meetings. make speeches to infame the pas
sions Of our young men aud draw them into such
enterprises are most guilty. The Judge said that
the procuring Of men was the substance and end of
all these means and without men there could be no
ia in ar inu m "a ynndi.
ton; the collecting OF money, and the stimulating
OF persons to give money, are in the nature Of
providing means and holding out inducements to
men, aud are within the meaning Of the law. The
law means to reach the very foundations of the
terprise-its first beginnings and all who contri.
butte guilty. If the procuring of means is here,
the crime is here. Parties who issued bonds for
such objects, those who subscribe them, those who
sell them, and those who buy them, those engaged
in circulating them and those who receive the
money for them. were all equally offenders against
the law War IL the prerogatye Of State, OF peo-
pie in their national and governmental capacity,
and it is not to be tolerated from citizens in their
private and individual capacity. The Judge next
conaselled the Grand Jury to be careful in their
inquiries, and make sure that there is sedate and
set CD purpose to set IN foot military expedition,
ami that the evidence is clear and full He alluded
to the strong repuguance which exists in large sec
lions OF our country to these exhibitions, Us ad
titioDal inducement to show our own dsapprOval
by thorough measures, and thus keep ourselves in
harmony with them; and in conclusion referred to
The late courts in Boston, and the spirit mani
tested ia other places In opposition to some of the
planer requirements of the constitution as increas
ing tie obligations upon all good citizens to frown
upon every species of awlessness, and to repress,
especially, these piratical outrageS on friendly
tons,
supre me Court-Spccial Term.
Before Hon. Judge Roosevelt.
DECISION AS TO PRACTICE IN ST IT'S AGAINST INSUR-
AHCE COMPANIES.
William Balm and Fan E'yck Brinckerhof vs.
TIE Globe Insurance CoDpany-RoosEyLLT j.
The code does not require that the service of
mons should be made exclusively con the President
or other head Of corporation 1t allows. (even
where there is such "head,') delivery to the
Secretary Cashier, or Treasurer ami the privilege
has recently been extended to "a director or manag
ing agent" in other words. to any agent, to whom
the term managing can properly apply Mr.. Brad
ley, who in this case received the summons, it is
conceded was an agent of the company, and the
only question is, was he managing agent? His
Office was to procure business for the coupany in
the city Of New York. He had full power to receive
premiums and to issue policies binding on the COM
pany and for that purpose was supplied, it appears,
with indefinite number Of those Instruments ex-
ecuted in blank. His functions were utterly unlike
those OF mere clerk, or porter, baggagemaster.
Nor were they confined to sngle insurance, or any
other single act He had the entire management OF
the business OF the company in the city Of New York.
and could subject them TO liabilities limited only by
the extent of their capital. 1t seems to me quite
clear that if such an officer be not "mana ging"
dent can be, and that the term must be confined to
person occupying the position OF "head of the
poraton." This palpably was not the intention of
the law. The Legislature seeing that it was the
practice Of these corporations while nomnally locat-
ed in one place, really, under the name of agency,
to transact their chief business in another (seecting
particularly, for that purpose, the city Of New
York; very justly, conceive, treated The officers
placed in charge of such agenci.s as occupying the
post on of quasi "heads,' not merely to allure
custom, but to "stand suit" If competent to the
one Office they should be deemed equally competent
to the other.
The summons in the present instance, it is ad-
mitted came to the hands Of the company; and as
no defence on the merits is pretended, and as the
seIvie was legally regular, the motion to vacate
the judgment for want OF jurisdiction must be denied
GEN. QUITMAN-Mr. A. G. Haley, q clerk ia one
of the departments at Washington, has taken upon
himself the special care and guardianship of the
reputation OF Gen. John A. Quitman. He has pub
lished card in the Washington Union in which he
onndo dc 20 fftb fIxn