The Atlantic Monthly, Volume 05, No. 31, May, 1860: A Magazine of Literature, Art, and PoliticsVarious
Philosophy
The Atlantic Monthly, Volume 05, No. 31, May, 1860: A Magazine of Literature, Art, and Politics
Various
American periodicals
such a proceeding is worse than any "Inquisitorial Tribunal" or
"Star-Chamber Court."--Nonsense! answered the Democrats. Ogden's and
Smith's testimony does not implicate the Government in the least. It
only proves that Smith has been the dupe of Miranda. The President knew
nothing about the matter. If the object of the Leander's outfit was so
generally spoken of, why did it escape the notice of the Marquis Yrujo?
Why did he not demand her seizure before she sailed? This charge
against the Government is a mere Federal trick. Your friends, the
British, are at the bottom of the expedition, and they have artfully
employed Rufus King, a Federal chief, to throw the blame upon the
Executive of the United States. By ascribing to those who administer
the government the atrocities committed by Transatlantic rulers, you
aim a deadly blow at the character of our system; and your conduct,
base in any view we can take of it, is particularly reprehensible in
the delicate state of our relations with Spain.
Mr. Cadwallader Golden, of counsel for the defendants, made a motion
before Judge Tallmadge for an order to prevent the District Attorney
from using the preliminary evidence taken at the private examinations.
"It was a proceeding," he said, "arbitrary and subversive of the first
principles of law and liberty,"--"which would have disgraced the reign
of Charles and stained the character of Jeffries." The District
Attorney was heard in opposition, and was successful.
On the 7th of April, the Grand Jury found a bill against Smith, Ogden,
Miranda, and Thomas Lewis, captain of the Leander, for "setting on foot
and beginning with force and arms a certain military enterprise or
expedition, to be carried on from the United States against the
dominions of a foreign prince: to wit, the dominions of the King of
Spain; the said King of Spain then and there being at peace with the
United States." The Grand Jury, as an evidence of their impartiality,
or of the public feeling, also handed the Judge a presentment of
himself, which he put into his pocket, censuring his conduct in the
private examinations, because "unusual, oppressive, and contrary to
law."
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