The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-06-10
CAPT. HARRIS PARDON.
RECOMMENDATIONS or THE AT.
TORNEy GENERAL.
"riSSs s"id lie should lie Pnrdoncd,
but TINT His oTense should
Not lie Condoncd.

washington June 9.--The full text of Il
'eeohlhe ndation OF the attorney general
the case of Captain John d, Hart. who h,
been pardoned by the president. ia as 70
lows:
To the President
washington. June Sin the matter
OF the application for the pardon of
Captain John u. Hart, have the
honor to advise you as follows: In
Mareh, 1887, Hart was tried and con-
Vieted OF having violated the provisions
or section 1886 OF the Revised stat
utes OF the United States In providing
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 gov
trhhsent OF Spain, with which the
united states was then at peace. Hs
was sentenced by Judge Butler. before
whom no 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 af
firmed by a divided court. two judges
voting for affirmancc and one dissent
ing.
The application for a pardon Is based
upon two grounds: |. II ia suggested
that the dissenting opinion of Judve
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 be TO be subjected to punlsh-
ment.
2. That war with Spain having be-
gun and now being actually carried on.
the reasons for the prosecuiAn ana
punishment OF Captain Hart no longer
exists and he should therefore be set
free.
can not concur In the ground frat
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. II
Is manifest that only a majority OF a
court can declare the law. The exocu-
tive as well as the other departments OF
government and all the people must re-
gard judgments OF the courts duly pro-
nounocd as expressive OF the law until
they are reversed. notwithstanding
minority of judges may dissent.
Nor can the second suggestion-that,
much as this country Is nc@ at war
with Spain, against which power the
expedition OF the Laurado was directed.
and therefore the hostile act OF Hart Is
cOndoned and In some sense adopted
as n justitiable though perhaps prema-
ture policy OF the United States--be ac-
cepted Harris olfense was against the
United States.
II was the law of this government
which he violated. He was sentenced
for disobedience 10 Federal criminal
Institute the object of which is TO
enable this country 10 maintalns In good
fai h and with efficiency. It's obliga-
lions of neutrality 10 friendly powers.
SO long as Spain remained ut peace
with the United States she also had
right 10 insist upon rigorous en-
forcement OF the las against such Of
tenders But being now at war with
the United States. Spain has no further
title TO consideration.
The dignity OF our own goyernmsnt,
It's interest In seeing that penal insti-
tvs OF high international importance
are not violated with impunitN our
reputation for good faith and honest
,u-nnse I'll require that such Offend
srs as Captain Hart should not be left
off with merely nominal punishment
The question is then asked whether
the president is justified at this time
in Interesting with his pardon and
saving Hart from further punishment.
He has now been In prison about three
months. He was subjected TO the most
able and vigorous prosecution ct the