The herald., 1898-06-11
HART, THE fILIBUSTfR,
HAS SUFFERED ENOUGH FOR HIS
CRIME
'ARD0NED BY THE PRESIDENT
In Accordance With the Rather Elab
crate Advice of Attorney
General Griggs
Associated Press Special Wire

Associated Press Special Wire
WASHINGTON. June 1o.-The full text
Of the recommendation of the Attorney
General in the case of Captain Hart, who
has been pardoned by the President, is as
follows:
WASHINGTON, d. c., June s, 1S9s-To
the President. Sir: In the matter for the
pardon of Captain John d. 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 mil
itary 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, before
whom he was tried, to pay fine of $500
and costs and to be imprisoned for pc
Rod 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 di-
vided court, two judges voting for affirm
ance and one dissenting.
1.-THE application for a pardon is based
upon two grounds;
"First-It is suggested that the dissent.
ing opinion of 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 having
been begun and being now actually car
ried on, the reasons for the prosecution and
punishment for Captain Hart no lonoger
exist, and he should therefore be set free.
II cannot concur in the first ground sug-
gested as 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 were of the opinion that
Hart was guilty and properly convicted.
1t is manifest that only the majority of
the court can declare the law. 1t is the
Executive, as well as the other depart
ments of government and all the people
who must regard judgments of the courts
duty pronounced as expressive of the law
until they are reversed, Notwithstanding a
minority Of judges may dissent
Nor can the second suggestion that, in
asmuch as this country Is now at war with
Spain, against which power the expedition
Of the Laurada was directed and therefor
the hostile act of Hart is condoned and in
some sense adopted as justifiable, though
perhaps premature, 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 disobe edience to Federal
criminal statute, the object of which is to
enable this country to maintain in good
faith and efficiency its obligations of neu-
trality to friendly powers. So long as Spain
remained at peace with the United States,
she also had right to insist upon a rigorous
enforcement of the law against such Offend
ers. But, being now a. war with the United
States Spain has no further title to consid-
Grafton.
1.-THE dignity Of our own government, its
interest in seeing that penal statutes of
high international Importance are not vio-
lated with impunity, our reputation for
good faith and honest purpose all require
that offenders such as Captain Hart should
be let off not with merely nominal punish
ment
1.-THE question then is whether the Presi-
dent is justified at this time in interposing
with his pardon and saving Hart from
further punishment He has now been In
prison about three months. He was SUBJ
jected to most able and rigorous prosecu-
ton at the hands of the Department of JUS
tice, entaiing upon him much expense and
distress of mind. He has been severely
punished by the time of Imprisonment al
ready suffered. Many citizens are sympa-
thetically interested in his release. paper
signed by seventy-six Senators of the
United States asks for his pardon.
IT think it has been made manifest by this
time that the neutrality laws of the United
States will be vigorously and severely en-
forced by the government. and that the
punishment already undergone by Captain
Hart is adequate under the circumstances to
serve as a warning and an example and that
no harm can come to the administration of
justice by his release. His offense is not to be
regarded as either justified or condoned
His pardon at this time will imply that he
has, under the peculiar circumstances of
the case, been adequately punished by the
Imprisonment already undergone. Very re-
spectfully, JOHN w. GRIGGS,
attorney General"