The sun., 1896-03-15
STORY OF A FAMOUS TRIAL.
THB FIRST CASE USDER OUR
NEUTRALITY LAWS.

The Miranda Expedition Against tho span
ish Province or Carncns In Jefferson,
TIpe-Four Cabinet Onicers Summoned
as witnessos-The Attempt to Impiicnts
tho President ana the Administration
WARRINGTON. March 13.-The trial OF Gen
GapciA and his associates recalls the first case
ever tried under tho neutrality laws Of this
cpuntry. that OF the United States against
Siuith and Ogden. II excited n great deal OF
Att sntion. and from the importance OF tho Is
sues determined, tho prominence of the parties.
and g. We ability Of tho counsel employed has been
alway.S regarded by the legal profession as the
leading case on the subject.
The d, Gendants. Col. William S. Smith and
Samuel e. Ogden, were both citizens OF New
York Co ' Smith was tho son.in law of John
Adams ana \ up to o short time before the trial
held the of Hco OF Surveyor and Inspector OF
New York. Il which he had been appointed by
Mr.. Adams. DIR. Ogden was one of the lead
ing merchants Of the city. and a man Of high
standing In its social circles.
The case aro: W out OF an expedition COM
manded by Gen. Miranda. having for It's OBJ
jeot the invasion of the Spanish province Of
Caracas for the p u-pose of overthrowing the
Spanish dominion NJ vi setting up South Amer
ican republic. The expedition was organized
by Smith and Ogden who fitted out the ship
on board Of her a nu1 nber of men enlisted for
military service under Miranda. The Leander
left New York Feb. 3, L306. and as soon rs It
was known at Washingt IN that she had sailed
orders were issued by the Government for the
dismissal of Col. Smith from his Office and
the institution of Grimm ol suit against him
and Ogden for violation o { section OF the
act OF June 6. 1704. That ectlon provides;
II any person shall, within tn vterritory or 1urs.
dction OF the United States beb IN or set on foot,
Or provide prepare tho means FOR any military
expedition or enterprise be oed from thence,
against the territory dominions, ,of any foreign
prince State, with whom tho Unit ed states are at
peace, every such person. ofrend sg, shall upon
conviction, be adjudged guilty Of high misde-
mcanor, and shall suffer hne or imp tisonmcnt, at
tho discretion of the court in which co avction shall
be had, 90 as that such nne shall not exceed three
thousand dollars the term OF mpr isonment be
more than three years.
This section is still the law of the lRnd. hav-
ing been retained In the Revised Statutes as
section $685.
The aot of 1904 was passed in cons eauence
Of tho expeditions set on foot the year p revtous
by tho French Minister. Genet. who In defiance
of our Government had armed. equipped and
despatched privateers from porta Of the United
States to prey upon the English commerce.
Persons engaged In these expeditions had been
tried for violation of international and common
law. and had been acquitted. Hence this
act. inteni ied to cover all such cases.
On March IL. 1906. William s. Smith and
Samuel B. Ogden were brought before Matthias
B. Tallmadge, Judge.of the District OF New
York, upon q bench warrant issued by him.
They were examined on oath, their answers
committed to writing. and submitted by the
Judge to the Grand Jury. of which, Nicholas
Fish was foreman. and on April the4jury found
Q true bill against each Of them.
The announcement of these proceedings pro-
duced intense excitement throughout the
country, and especially In New York. The
case had its political aspect. and the newspa-
pers Of the day teemed with arguments pro and
con. Then us now. the sympathies of Ghe peo-
pie were with the oppressed colonie" OF Spain, |
and the Federal party in this mn op-
portunity of attacking Jetferson's AdmiIhstra-
ton. which they did fail to improve. The
Democratic. or as it was then called. Repn bill
can party of New York at that time ,di- |
ytded into three factions. supporters respec.
Gov. Lewis. The Burrites We're We're bitterly on.
posed to Thomas Jefferson and his secretary o,'
would expire % in two years. sar and ID Madison % and
Monroe were known to be candidates to sue !
Monroe. while the Lewisites preferred Madi.
son: It was vas generally understood that while 'ly
Ogden was to be decided in the court by the /
verdict of petty jury, the real trial was before
cation or condemnation Of The President and |
his Secretary OF State.
bad an important bearing. The mcrchants Of |
New York were deeply interested in the |
Fhey We're largely engaged in T trade efhs, WITH the
West Indian and South American colonies. and |
pne the
OF the Government as to shipments to all CO. |
n stE WsS 1a ney ans aar 5ss
Influence was manifested In their hehalf.
Thus powerful combination confronted tho |
Government in Its prosecution. The Admin |
istlation appreciated the condition Of affairs
sna for conduct of the
United States Senator. Though only 30 years
tion as lawyer OF ability and especially
s.killed In maritime law. He had held his otiico
sssistanco 1udse rierrenont Edwards Of Con-
than Edwards. and lnherlted tie talents and
industry Of his father. lie had served as a
l7s7-s. and had subsequently, supported the
constitution proposed by it, in the state Con
ment he was; thoroughly cognizant Of its pro
visions and the reasons thereof. He now held
his, native, district and his experience there
had made him an expert in the statute law. In
duty saxs s hS Sm mai I hE a
fatal. For u United States Judge to lay aside
the judicial ermine ut the request Of the Gov
was a novel spectacle in American jurispru-
dencc. and the opponents of the Adminisira-
tion commented upon the desperation OF a case
that called for such an expcdicnt.
To meet the strength Of this prosecution the
defendants had provided themselves with an
pray Of counsel that represented at once the
highest talent of the New York bar the various
political elements OF the country ana the social
Influences Of the comnuni,y. They had re-
tained CadwallHder ID. Golden. Josiah Ogden
Hoffman. Thomas Adds Emmet, Richard
Harrison, and Washington Morton.
Golden to vast learning in the common
law, added an intimate acquaintance with the
statutes, and as n pleader was perhaps un-
eQualled at the New York bar. To him was
committed the task of preparing the plcaiings
and conducting the technique of the defence.
He bore tho hruut OF the skirmshes on points
of law before tho Court. and his task was ex-
ecuted with skill that evoked The admiration
OF the profession. ana rugged pert nncity
that sometimes offended the Court. In one in.
stance, when arguing II point before Judge Tall
madge. he declared his hope ''uf convincing
oven this Court" iIc was stopped by the Jndgo
end required to apologize Refusing to do SO
he was committed TO the custody OF the mar.
shal for contumacy and contempt. Where