The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-04

law, for truth, and for such virtues as are
comprised in the character Of good citizen, as
as license to propagate detraction. And before
the American people thus defend myself against
all disparaging charges and insinuations contained
in the Presidents proclamations. SO far as am con-
cerned. JOHN HENDERSON,.
New Orleans, La, June 10, 1854. ~.
The Inquiry after Fiiibusters.
From the New Orleans Pcayune, June ISL
The search after "fibustering" expeditions, or a
flibustering organization in New Orleans is likely
to turn out Q complete failure The Grand Jury
have been occupied four or five days under the
aid Of very capable District Attorney, and evil
IDENTIFY have found nothing. From all present indi-
cations the only result to be expected Is the put
ting OF one or two suspected persons under bonds.
This has been intimated by the Judge, but we do
not understand him as having positively decided on
that course. He has it under consideration. We
have no idea what sort Of bonds will be exacted-
whether for appearance merely hereafter to answer
the peace towards Span particular and all foreign
nations in general; or not to 60 out of the United
States with any revolutionary thoughts or stay in
It with any expressed purpose of giving active aid
to any movement Of independence which may ever
There is some speculation afoat as to what will
be the shape and legal obligation of these Cuban
bonds" il they should ever be issued At all events
1t given up in that COURT the District Attorney and
Grand Jury have not been able to discover the
traces Of any military expedition, or even Of any
illegal organization, within the scope of the law as
laid down with such excessive rigor by Judge
It would have been a great surprise in New Or
leans any proof had been elected Of the existence
Of military organization, or any preparations for
or its Vicinity, to invade the island Of Cuba. ~
be sure, We have read in distant papers startling
reports of what has been going on here, and cir
cumstantial descriptions Of the presence and
streets. and camping in our neighborhood for a
raid" upon Cuba. But these were well known
here to be the imaginations of alarmists, or
the inventions Of the malicious: Nothing of
to Ns sort hss been s1s Y eyes s
ment or engagement of men for any such pur-
pose, or any uncommon purpose, il has been
kept 80 profoundly secret, and the men have been
90 closely imnured within walk, or hidden in
swamps that the most jealous Cuban berAtionist in
feeling-and there are multitudes Of them about
has never been able to guess where they are. This
would be high praise for the discretion of the
ayers of such scheme, If there were one; but in
fact are confident, there are neither managers
or scheme, arms, officers, nor men, gathered or
invited to New Orleans for an invasion of Cuba
Such things could not be without some popular
knowledge, some prevalent rumor and belief, some
external signs not to be mistaken, although, per-
haps, not susceptible Of exact analysis or legal GER
tainty; but no resident Of New Orleans, within our
range Of acquaintance, has fever met with such in
ulChlOHb. Inc ulhCOVeIy Ol any Bucu eXpeQlLl0n
would be hardly less unexpected than the sound Of
Spanish guns at Slaughter House Point. The Grand
Jury might have summoned all New Orleans, and
without reserve or fear Of determination, that
would have been total ignoring Of the beginning,
or setting on foot or procuring, or preparing the
means for any military expedition or enterprise
to be carried on from the United States against
Spain.
might have ELECTED, II the rnlng Of the court had
not made them, by implication, constructive
breaches of the law, tending to some future ex-
petition in some possible change Of affairs, here or in
Cuba. They might have discovered very general
and very earnest desire for the liberation Of Cuba
from the dominion Of Spain, a full and firm belief
that IL il not only right in itself for the people of
Cuba but necessary for the well being and peace Of
the United States; very thorough conviction the
tolerate the hostile policy towards MS with which
the affairs of that island systematically admins
tered. Among many who claim to be we'll informed,
they might have found very strong belief that
the domestic expressions will not longer be endured
by the inhabitants; and . very general determine
tion when the banner of independence is hopefully
raised, to be prepared to take such part in the
crisis as its prospects and it's deep significance to
sh 1sses may justify s rev NIGH
have found, too, rumors are not altogether decep-
tive, that there have been consultations and agree
ments, preparatory collection Of means, at least
suggestions of the most effective way Of raising
events may determine, to assist the independence Of
Cuba. That such means may be employed Illegally,
IL possible. That they may ut out and set on foot
military expedition, in violation Of the neutrality
act Of 1918, to be carried against the dominions
Of Spain, is not to be disputed; and the liability Of
those who 30 use them TO the penalties of the statute
Ia equally clear. 1t makes case for the vigilance
Of the government points its suspicious, and very
properly stimulates fts officers to watch and arrest
the first overt act In violation Of the statute. Bat
neither possibility, probability nor intent make a
crime against statute. II tho Grand Jury had
found the rumors true that fund Is collected for
ence IL would mot follow that 1t ia necessarily 70
be expended In violation Of law, or that 1t may
not be employed in way which the law does
not condemn, or that It may not be reserved
proper to employ it in ways which are now illegal.
When any portion 10 expended In VOL OF the
law Of the United States, The offender viii be liable
for all the penalties. This, with dindent reliance
spurs and he force Of statutes We sis % be the
Interpretation OF equity and common sense, which
all the requirements Of legal science are intended
to preserve.
even at the fscts Of Tia degree q preparation, if
such there be, and a. the questions propounded to
the witnesses indicate that the government sus
poets. The ruling Of the court, by extending its
Ssa the .ct n Of sSuns out al sss testimony e
which 1t desired upon this point. Everybody who
could possibly have knowiedgel sufficient for the
purposes Of the government TO establish the fact OF
the collection of means in New Orleans for some u
ture purpose connected with Cuba, incurred such
degree Of criminality a. made It unsafe to testify.
II Is likely, therefore, that criminal proceedings
will be had for that offence. !.
This, we think, in one important view, Is to be
regretted. We think II ought be settled il il Is not
already at least settled that there will be fu.
ture doubt on the minds Of the grand jurors and
citizens, what makes a crime under the neutrality
act Of the United States, and particularly whether
the raisng Of money is misaemeanor on the pre-.
sumption Of its being intended for an unlawful
purpose, with including the fact Of It's expenditure
iVr any unlawful ooyect-
We are well enc ugh known To be no ilibusters,
and do disapprove Of any armed expeditions for the