Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-09
CAPTAIN HART PARDONED
Was Serving a Term for Engaging in Fill.
clustering.
Review of the WeII-known Case os
the Laurada by Attorney Gem
eral Griggs

The President today granted a pardon to
Captain John ID. Hart. now serving a sem
tence of two years for engaging in a fill
clustering expedition to Cuba. The recon-
mendation of the Attorney General in the
case follows:
ITO the President:
Sir: In the matter of the application for
the pardon OF Captain John ID. Hart. L
have the honor to advise you as follows:
I'm March 1897. Hart was tried and con-
victed Of having violated the provisions of
section 52s6 of the Revised Statutes Of the
United States in providing the steamship
Laurada to carry cargo of arms and am
munition and about eighteen men as a mill
tary expedition to the Island of Cuba
against the government OF Spain, with
which the United Statese was then at
peace. He was sentenced by Judge But
Ter, before whom he was tried to pay a
ME OF 500 and costs. and to be imprisoned
Tor 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 af-
hrmance and one dissenting.
Grounds for CIemency.
The application for a pardon is based
upon two grounds: First, it is suggested
that the dissenting opinion of Judge Ache
son Of the circuit court OF appeals raises
doubt as to the unlawful character of the
expedition and that, on account of this
doubt, the prisoner ought not to be SUBJ
Jected to punishment: second, that war
with Spain having begun and being now
actually carried on. the reason fer the
prosecution and punishment of Capt. Hart
no longer exists and he should therefore
be set free.
L Cannot concur in the ground first sug-
gestej as a valid reason for a pardon
Judge Butler. before whom the case was
tried. was satisfied of The guilt Of the de-
PENDANT Two out of three Judge OF the
circuit court OF appeals were of the opinion
that Hart was guilty and properly con-
vfcted 1t is manifest that only the ma ior-
ity OF the court are the Law. The
executive well as the other departments
of the government and all people must re-
gard Judgments of the courts duly pro-
nounced as expressive of the law until
they are reversed. notwithstanding a mi
nority of judges may dissent.
An Orcnse Against This Country.
Nor can the second suggestion, that in
asrauch as this country is now at war with
Spain, against which power the expedition
of the Laurada was directed and therefore
the hostile act OF Hart is cordoned ami in
some sense adopted as justifiabe. though
perhaps premature. policy of tho United
states, be accepted. Harris offense was
against the United States. 1t was the laws
OF this government which he violated. He
eral criminal statute, the object of which
Is TO enable this country to maintain in
good faith and with efficiency its oblya-
uons of neutrality to friendly towers So
long as Spain remained al peace with the
nltcd States she also had d right to insist
upon rigorous enforcement Of he 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 government its
interest In seeing that penal statutes of
hlsh international Importance are not Yio-
lated with impunity, our reputation for good
1alth and honest purpose all require that
Such Offenders as Capt. Hart should not be
lei or with merely nominal punishment.
Inc question then is whether the Presi-
oen. is Justified at this time in interposing
with his pardon and saving Hart from
iurther punishment. He has low been IN
prison about three months He was sub
Jected to most able and vigorous prosecu-
ton at the hands of the Department of
justice, entaillng upon him much expense
and distress of mind. He has been severely
punished by the terms of imprisonment al
ready suffered. Many citizens are sympa-
thetioally interested in his release. paper
signed by seventy-six senators of the United
states asks for his pardon.
Will Serve as an Example.
L think 1t has been made manifest by
this time that the neutrality laws of the
United States will be vigorously and Sc
verely enforced by the government and that
the punishment already undergone by Capt
Hart is adequate under the circumstances
10 serve as warning and example. and
mat no harm can come to the adminisira-
tion or justice by his release. His offense
Is not to be regarded as either justified or
condoned. His pardon at this time will Inn
ply merely that he has, under the peculiar
circumstances of the case. been adequately
punished Dy the Imprisonment already
Undergone. Very respectfully,
JOHN w. GRIGGS, Attorney General