The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-25
THE TRIAL OF GARCIA.

sons 10 De arfdiRHci IN this country on
such a charge. and they may take some
comfort from the knowledge that their pro-
totypes were acquitted after one Of he
most notable trials in Federal court.
The circumstances were somewhat SINH
lar and the case arose out OF an expedition
commanded BY Cen Miranda. having for
Its object the invasion OF the Spanish prov
fnce of Caracas for the purpose OF over
rhrowing the Spanish dominion and setting
up South American Republic The expa-
dttion was organized by Col. William s.
Smith. a son-in-iaw of John Adams, and
Samuel q. Ogden. a leading merchant Of
New York who fitted out the ship Lean
der with arms and ammunition and placed
on board OF her a number Of men enlist
ed for military service S1nder Miranda.
They were prosecuted under law passed
in 1874 to prevent such expeditions as had
been most fundamentally organized in
this country by the French minister. Genet,
who had armed. equipped and dispatched
pivateers from ports Of the United States
to prey upon English commerce.
That law is still In force. having been
retained in the Revised Statutes as section
s.es6. It is as follows:
IF any person shall. within the terri
tory or Jurisdiction OF the United States.
begin or set on foot, or provide or prepare
the means for any military expedition or
enterprise to be carried from thence.
against the territory or domin;ons of any
foreign prince or stare, with whom the
United States are a. peace. every such
person so offending shall. upon conviction.
ba adjudgcd guilty of high misdemeanor.
and shall suffer fine or Imprisonment,
at the discretion Of the court in which
conviction shall be had. so as that such
fine shall not exceed 5000, nor the term
Of Imprisonment be more than three years"
II IL perhaps very much to our credit
that the impending trial carries with it no
political purpose. Although then. as now.
the sympathies OF the people were with
the oppressed colonies of Spain. and the
merchants of New York were deeply in
terested in the preservation of the free
dom OF commerce, there was a political
purpose at the back of the case. The Fed
eral party saw in IL an opportunity to at
tack Jefferson's administration. The
Democratic. or, as 1t was then called. the
Republican party, OF New York, was at
that time divided into three factions. sup
porters respectively OF George Clinton,
Aaron Burr and Gov. Lewis. Burr s
friends We're opposed to Thomas Jeffer-
son and to Madison. then secretary of
-fafs sh.. 4ar n. E..11
Jefferson. and who had the support of
Gov Lewis. Monroe was the favorite
OF the Ciintonians. There was therefore a
bitter political warfare. of which the trial
was only an incident. J. $. Tucker gives
an admiral description OF the scenes dur
ing the hearing. and of the methods re-
sorted TO by all parties to turn the case
to the advantage OF their respective can
didates.
After the trial Judge Edwards wrote a
letter 10 Madison. In which he charged
that both President Jefferson and Secre-
tary Madison were cognizant of the plan
to nj out the expedition. but finding that
1t was likely 10 involve the government
in a serious controversy with Spain, had
concluded TO disavow tho whole transac-
ton. and ordered the prosecution of Smith
and Ogden. in orier themselves to escape
blame. jefferson afterwards wrote 10 the
Spanish minister. saying: Il solemnly.
and on my personal truth and honor. de-
clare to you that there WAS neither CO.
operation nor connVancc on cur part
frTsrSo4, further Ro,4ara,f cha. tta ,a,, f.s
were informed that. Although we had
great cause OF complaint against spain.
and even OF war. Yet whenever We should
think proper to act a. her enemy. It
should be openly and above board. and
that our hostility should never DE exercls-
90 hy such petty means These words
of jefferson WIN De accepted as truthful.
and " Is rather reflection upon very bril-
uant men that such means should have
been rcso~;ed - IN order 20 bring oppro-
hr.um anon political foe.
Although the trial Of Garcia is taking
place almost en the eve " an active po-
u,ical campaign. AMI although ti.e feeling
against spain Is as bitter now as It MAS 'n
}Ns "a is gratifying 20 our national pride
ans scrsr ~ fair play thar no suggestion IS
made ~ partisan purpose in connection
with the case Whatever th, result. We
NAV rest assured thai the verdlct Viii he
.r sHcordanee With t1e law asa she facts.
Incidentally II nav 80 mentioned A. a
s-lnrlaonce ths. counsel for the accusef.
smith lail much stres, upon a message
srut rs 81, president Go congress- ara that
WeNe 'he constitution gave "a congress
alo~o the newer % declare war yet state
pf war might exist without any formal
3ecarsu,n. CoHus3 for the rovcrumcr,
-rnir1 thst .hr pres icui had no power 10
dispense n3fs TIRE laws Niuss-lf unr All w
oiher. 90 s.olate shern, 'hA; congress alone
was authorized 20 de,iarc war a18 ths,
. ro war -eals - e, untu r,lar,d by a.. an
tht it vas absurd - maira''r tsst mes.
-a-e 20, tee pry s.seu' Go congress cosii -r4,-
T Bro a state ~ war IL iuSu-o 20 tae p-,s,.
,-Hea 90 should he So THAT as a rake,,
question ~ law. ,he Sailt OF CA Sni,h
Was rl-srlv proven. bat ,he 5asy which.
| iT p-ntnal cases IS a anal Judge q hs,a
ths IAN an5 the facts a-quitt~a h.rri main
z, ea gre sraeri tha' fhc government i--
s-'.3 .n pressing ssc ease 10 trial b.
81. anseaco ct material Witnesses Ter the
a.fease
Co.,. d.. .r,.-....- ....-,...--.