The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-14
THE sIClRACUA PlLlBUsTER CASE.
United States Communist oner's Court.
Before Geo. ". Morell, Esq
NOTION TO DISMISS THE COMPLAINT.

his motion To discharge the defendants rearkiug that Ii
act OF Congress under which this offence defined pena
one and the rule of law S that all penal
be construed strictly and that nerprs aton meaning
can be given 10 1t, 9th than the words statute itself
contains That the language of the statute is that any
person shall within The territory jurisdiction of the United
States enlist enter hmte hire another person
70 enlist inter- himself" &C. &C. Now this mean
that per son has right expsae bse and ens. him
self in another country Judge Kane the I'D day May
Isl in the enlistment case in the Circuit Court of the United
bates at Philadelphia. laid down the in The following
words do not think that the payment Of the passage
this country Of man who desires enlist foreign port
comes within The aet ohe neutrality act of 1919 contend
sr that there must be clear hiring retaining shown
Be- 70 have been done by both of he de-
as soldier TO be enlisted in The service of Will Walker
within hs The United States before "t the
d9's
ssDs 40 not appear IN any part OF the evidence in his
your Honor acOompoe he commission cf the alleged
AND r. an he must be son
Ss es m % 81 should be rsesyed as evds1,e phi
eSpSs & before he ' dsendsnt. ssn be-
SsS for anS m Of h, refer your Honor
ss .a he this the
ne az, q ISIS During hi: haa
said that the District Attorney should rot have put him the
DE defendant Of his secuer and + would be
derepeon Of duty on the part Of The he
Brown be say thai Com Of his Court
RE public prosecutor has 70 bear as part Of his ncone
certain smouDt of abusevugar the defendants
hurry Of preparing The aday Of Brown portion Of il was
ptepess of the document when II was sworn to- With Ss
dismiss the case as lar as Mr. Brow One of
highest s ibis coSny % 4s
ssrd 70 whch he Ar Joschmssen thought he were TO
missed tnem The counsel for the defendants have said that
and 1 ns Of s Ss s
rns not 20 the % Of s fer h
pubshed and contends that according to all writer's on ma.
pomacy-,ha Ne facts this case establish Sicsrssas
q 10 sovereign State nominsly controlled BY William
recruiting FOR within Toe United states is in proof here
Nio.ragS Mr. Ca zsneaa has tsssed g TIA,
fact bow does this government stand With regard to Nca
has r. have
& = ssash
as. these med hsye enlisted Or .nhst ,heseve for me
The objection tina. our AFFIDAVIT 10 regard 70 M smith
Soes stops with he word epsng without charming sol
Mr. JoacnssenTSe offence Of snlistmSnS is Of itself an
saence .sans, the United states The Of ISIS only
iions OF Geo washington and jas Madison p'>>'A'
rEooAMAr'os BY rHs rsEsoEsr OF THE UNITED STATES.
Where's haze received Information MAT certain
a af c,eps o e ns .,
obers within the state ksntucky and there assem-
%is &c u h1s
the laws Of nations and The sa,ss scu%bens On eVery e
Of end to disturb the tranquility of IL.
ss az THAT ss aeS
broush 20 Justice and ali good eps Cautioned ssses
80 so 10 e and
The laws have thought proper TO issue THIS procl
BY aws against ensns any citizen or ctisens Of the
United s.es or iesyng troops or assembling any persons
se.dins h any manner 70 The execution Thereof ne WIN
ny The President EDx. RANDOLPH.
PROCLAMATION nv THE PRESIDENT os TIE ryIIrp STATES.
whereas inform has received that sundry per
Sons, citizens Ct the United hae residents within the
.p Ing ngc6er begin set on foot provide and prepare
1 Ss e. s. s ss:s %
a. Issse hS, LOT sn pgrpos they are e,estng arms mill
ceynV sod .educing well meaning citizens 70 en-
gage in their unlawful ENTERPRISES organizing ocerng
such eases mace and provided have therefore Soarh, 1t
faithful citizens have been led whou, due knowlciEc or
to rsepae 10 The sad unlawful enterprises,
JAMES MADISON.
lie also read from wharton State Trials the anguae. Of
he rist Of leyyng solders belongs solely the
% Ps Of e rms e No e
enlist soldiers foreign country without permission the
country wsoas the soyersgn. PsrIss.on ALLEVIATE i6s
os ne PRINCE ana he S,sse b cp,mn nun,sh h Don
severity every pooed state foreign recruiters are hanged
Sa e he &C crimes ape be-
& o@ rD nars Sed he c s se .ssros1
usually thsy who have praced peduc.,on oy are
sosoesn ,ucs iorn ey Grf.
Just, oonsderee a an injury and "a ucicn cause for de
caiDg war against him. unless he condcscends 10 make suit
The hrr aud retaining his case is established ACCORDING
TO he ru inr 81 dge ksDc the trial OF ntnrJ neria.
osnsel here read me charge Of Judge Kane NJ then
which he csmed he defeneAns should be held iha part Of
rssna "A ssse Of ~sr chi dsscnson sh .hai connsrr
:, peace Within nell early ~ Gey spprcSena.4
S.s ssssS "a, s &c sss Pub :hsd "a
I'd Ter graft Of 900 Tarss O and 20 marie ens.lns on
condition Of actual cultivation and occupadcn II gsvc
treaty srsesi .9enips Sesrsrue or any Central American
IT, s, Sh he an say ssf u S S,s American en)
1hc rssrs rrc,psTy AID r,gsison 2, hs y9ct state.
mcp,s ea ever ,lriaoss sisen gor every citizen vsTy
honor md good ah and hat WHEELER hcv Ge made viii
nsons respectable aud important with weak and
ssI @ .sa @ rSsrs IRON
ION o. The SAT or y wS.T peser s no. ss
may rP'sa S can never sras
ions are are ScSnd to rcsaie er ese Cher
sch y psfe and w % rs; y bs s seessd 2
haefore al tho.e drtes as well a. rght Which pring
Mr.. Josim,'cn sOpei Ihssc scnirarl, sin pervade
As9 S M fatcSs sSf e ws. pa asr oS
n, VILE which they had valid titles; ts they try
ing 10 obtain mcncy ron unfusrectng parties under alse
precroes ard Mr. Marcy IN his letters 10 Fabcns Kinney and
Wheeler ard President Fierce in his proclamation OF tue rh
December 49, Characterize these same succcssu
tons orsys n IL remarkable that since the discovery Of
Central America S srppoeCd riches have arrae;el the
rdy % swless sdyenrers OF all nations. The history Of
he huccanst presents and piracy the Spanish
ard That history shows the hlbusfers The
iav q lie their worthy This Gales
fu emigration. when the msvhan 70 the humble
The wnc testify that 10 diaclcsc her occupa-
tcn and their connection with TIM country would
eNpcs them criminal prosecution Counsel then referred
he cdce In Hredvav, piaonrds and
were issued In The British e~ frmeni given out
Rat The 10 be employee railroad Canada,
the uSruc crs Of Mr. CHAMPION, the hen Rra
wore carefully wordcd BE then read the following
"Mttncrarda nr the guidance OF hose who 10 make
the United States conditions
upon which recruits will 10 cved into TIE riia
l. The parties who may 70 Bu ao Desri cleveland,
fer this purpose, cieafiy understand must
careuly iefYan non anything which would Mo-
laiiuu Of TIE law OF he United etaieaL
They therefore avcsd aci which might te
appearance ~ recruiting within he Jurisdiction Of The Untsd
Ssics foreign TIVE. q hiring retaining
to leave hs iurfsdco ION with The ner 10 ens te service
nf o foreign power .
sccucr -
There must M collection, EN-, oncni OF men or or.
snn1aion whaiey rr atten pied within that Jurisdiction
H. No promise ccn,Tais written or verbal the sub.
ec Of cuntnt must he oiei ed INTO With any ptrson within
f.t f4N air ftnft