The record-union., 1898-06-11
Full Text Of Recommendations Of
the Attorney y-General
Bearing Upon the Release Of the Imprisoned
FiIihuster.
The Pardon Not Granted Because
of the Present War With Spain,
Thought the Interests Of Justice
Had Already Been Subserved.

WASHINGTON, June 1O.-The full
text of the recommendation of the At
torney- y-General in the case of Captain
Hart, who has been pardoned by the
President, is as follows:
Washington, d. c., June 8, 1898.
ITO the President-Sir: In the mat
ter for the pardon of Captain John d.
Hart, l have the honor to advise you
as follows:
In March, 1897, Hart was tried and
convicted of having violated the provis-
ions of Section 52S6 of the Revised
Statutes of the United States, in pro-
viding for the steamship Laurada to
carry a cargo of arms and ammunition
and about eighteen men as military
expedition to the island of Cuba against
the Government of Spain, with which
the United States was then at peace.
He was sentenced by Judge Butler, be-
fore whom he was tried, to pay a fine
of $500 and costs, and to be imprisoned
for period of two years. An appeal
from this judgment was taken to the
Circuit Court of Appeals for the Third
Circuit, by which court the judgment
was affirmed by a divided court, two
Judges voting for affirmance and one
diSsentinS
The application for a pardon Is
based upon two grounds:
''First-It is suggested that the dis
senting opinion of the Judge, Acheson,
of the Circuit Court of Appeals, raises
a doubt as to the unlawful character
of the expedition, and that on account
of this doubt, the prisoner ought not
to be subjected to punishment.
''Second-That war with Spain hav
ing been begun and being now actual
ly carried on, the reasons for the pros
ecution and punishment for Captain
Hart no longer exists, and he should
therefore be set free.
Il cannot concur in the first ground
suggested as a valid reason for pardon.
Judge Butler, before whom the case
was tried. was satisfied of the guilt of
the defendant. Two out of three Judges
of the Circuit Court of Appeals We're
of the opinion that Hart was guilty,
and properly convicted. 1t is manifest
that only the majority of the Court
can declare the law. The executive, as
we'll as the ether departments of Gov
ernment, and all the people must re-
gard judgments of the Courts duly pro-
nounced as expressive of the law until
they are reversed, Notwithstanding a
minority of Judges may dissent.
Nor can the second suggestion that,
inasmuch as this country is now at war
with Spain. against which Power the
expedition of the Laurada was direct
ed, and therefore the hostile act of Hart
is condoned and in some sense adopt
ed a justifiable though perhaps pre-
mature policy of the United States, be
accepted. Hart's offense was against
the United States. 1t was the law of
this Government which he violated. He
was sentenced for disobedience to
a Federal criminal statute, the object
of which is to enable this country to
maintain in good faith and efficiency
its obligations of neutrality to friendly
Powers. So long as Spain remained at
peace with the United States she also
had a right TO insist upon rigorous
enforcement of the law against such
offenders. But, being now at war
with the United States, Spain has no
further title to consideration.
THE dignity of our own Govern
ment, its interest in seeing that penal