70 F. 972 | E.D.S.C. | 1895
The American steamship Laurada, owned in Philadelphia, was chartered by Kerr & Go., in September, for two voyages to the West Indies, and sailed during that month for Port Anton, in the Island of Jamaica, with an assorted cargo of merchandise; and, although it appears from the testimony in this case that she had no quarters for passengers, it was in evidence that upon that voyage she carried 86 Italian laborers to work upon a railroad in the Island of Jamaica. Upon her return voyage she
In determining the first question my powers are simply and only those of a United States commissioner. By the law and practice of the court in this district, the United States commissioners have no judicial power to hear and determine any matter whatsoever, Their duties are those of examining magistrates, — ministerial, not judicial. They are the arms of the court, to execute the preliminary work necessary to bring- to trial persons charged with offenses against the United States. They have no authority to determine the probable or improbable credibility of the testimony adduced, nor to find any fact. They can only determine whether therfe is probable cause to put the defendant on trial. Whenever a charge is made upon oath, and testimony is offered in support of it, and the warrant is approved by the district attorney, the party charged is committed or bound over for trial as a matter of course. In this case the affidavit is in due form, and sufficiently charges the offense; the district attorney lias approved ilie warrant; and testimony has been offered to support the charge. 1 have simply to determine, not whether an offense has been committed, but whether there is prohable cause to believe that an offense was committed. Within these limitations, the testimony will now be considered.
Proof was offered to show that the steamship Laurada sailed from the port of New York about half-past 6 o’clock on the morning of the 21st of October; that, after passing Sandy Hook and discharging the pilot, the steamship stopped at a point variously stated at from two to three miles from the shore; that two tugs approached her, and that 35 men came aboard, bringing with them some boxes and three small boats; that shortly after coming aboard the boxes were opened, and guns, pistols, and maehettes were taken out; that the steamship proceeded on her voyage, and on the morning of October 27Ih land was descried, which proved to be the-coast of Cuba; that during the voyage the men were dialled; that they spoke the Spanish language; that some of them stated that they were going to Cuba to light, — that
“Every person who within the territory or jurisdiction of the United States begins or sets on foot, or provides or prepares the means for any military expedition or enterprise to be carried on from thence against the territory or dominion of any foreign province or state, or of any colony, district or people with whom the United States are at xjeace, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars and imprisoned not more than three years.”
It is further' contended that, even if the testimony is taken as true, it does not furnish sufficient proofs that the defendant has violated any law, that the transportation of men of munitions of war is not forbidden by the statute, and that the proof does not show any connection between the defendant and any “military expedition or enterprise.” The cases of U. S. v. Trumbull, 48 Fed. 99; U. S. v. Itata, 49 Fed. 647; and other cases growing- out of the same transaction, — have been-cited in support of this contention. One Trumbull, an agent of the “Congressional party” in Chili, purchased in this country a large quantity of arms and other munitions of war, which were shipped from California for use against the “Balmace-dan party,” which was recognized by this country at that time as the government of Chili. It was held by Judge Ross, of the South-
It. may be considered as the law of this country, settled by repeated decisions of our courts and opinions of the attorney general, that arms and munitions of war-are articles of legitimate commeroe, and the transportation of them is not forbidden; nor is it a crime;, under our neutrality laws, lor persons to le;ave the; country wilh intent to enlist against ⅛ foreign pe>wer, with which this country is at pence; nor is it unlawful to transport out of this country, will; (heir own consent, persons who internet to so enlist. Giving to the; eases relied upon by counsel for the; defendant all the weight lo which they are piarperlv entitled, they do not tend to the exculpa-tiem of the defendant from the charge; now under consideration, which in effect is that he aided, furthered, and prepared the means for a “military e;xpe'dition or enterprise;.” The statute is very ce>m-prehensive in its terms, and a,nv contribution which tends to forward it, or assistane*e; given to those engaged in it, must he considered! as within its purview. Hemeve'r legitimate; it may have; been to have taken nbemrei his ship etitlmr the men or their arms, or both, for transportation to the; Island of Cuba, as soon as it became ap
The second question to be determined is whether the defendant shall be sent for trial to the Southern district of New York. It is strongly urged by the assistant attorney, general, who has appeared with the district attorney, and by the counsel for the Spanish government, that this enterprise had its inception within that district, and that the convenience of witnesses will be promoted by sending the accused there. The constitution provides, in article 3, that “the trial of all crimes against the United States shall be held in the state where the said crime shall have been committed, but when not committed within any state the trial shall be had at such place or places as the congress may by law have directed”; and the congress has directed (section 730 of the Revised Statutes of the United States) that'“the trial of an offense committed upon the high seas or elsewhere out of the jurisdiction of any particular state shall be in the district where the offender is found or into which he is first brought.” Section 1014 of the Revised Statutes provides for the removal of the accused to the district where the trial is to be had. To constitute the offense of violating section 5280, some overt act must be proved— First, either the beginning or setting on foot a military expedition or enterprise; or, second, the procuring or providing the means for such expedition or enterprise. Under the first head, no proof whatever has been adduced tending to show that the accused began or set on foot this enterprise. His offense, if committed, must fall under the second head, — that oí providing or preparing the means for such expedition or enterprise, — and the evidence applicable to this charge must now be considered.
The Southern district of New York is coterminous with the territorial boundary of the southern portion of the state of New York, and includes the city of New York, where, if anywhere within that jurisdiction, the offense must have been committed. No proof whatever has been offered of any criminal act committed while in that city. This statute is a highly criminal and penal one, and it cannot be enlarged by construction beyond the fair import of its terms. Neither arms nor men were taken aboard in the city of New York. The evidence shows, and it was conceded by counsel upon the argument, that the men came aboard after the steamship had passed Sandy Hook, outside the territorial limits of the Southern district of New
The government contends that there is probable cause for charging a continuous crime, commencing in New York, and continuing on the high seas; that the taking of provisions in New York for others besides the crew indicated an intention to commit an unlawful act. and the government having offered proof to show the commission of an unlawful act, the intention will be presumed. The intention with which an act is done is rarely capable of direct proof. It must necessarily in nearly all cases be a, matter of inference from some outward manifestation, for the operations of the human mind are secret and invisible. That a man intends the natural consequences of his own act is always to be inferred, but the force of the inference depends upon whether the subsequent visible act clearly and conclusively indicates the particular intention, and is inconsistent with the presumption of any other intention. The law never presumes that a man intends to commit a crime, but the converse. If the taking on of the siiip’s stores in New York, which is the only outward, visible manifestation of the alleged unlawful intention, is reconcilable with the presumption of innocence, a presumption of guilt cannot be inferred. The provision of such stores of itself indicates nothing more than the usual, customary preparation for a voyage. He could lawfully take on passengers anywhere upon the route. He had done so on Ms previous voyage. He could carry them to Cuba itself without violating any law. There is no proof that any of such stores were landed in Cuba. The contrary is proved. The facts here clearly distinguish it from the case of U. S. v. Rand, 17 Fed. 142, cited by the counsel for the government. In that case a cargo of arms and other munitions of war were takeii aboard in Philadelphia. The men were taken at Tnagua, and the ship proceeded to Miragoane, Hayti, where the men were disembarked, an attack was made upon the town, and it was captured. During the attack the vessel stood outside the harbor, and immediately after ran in and landed her stores. In that case the court held that the attack upon and capture of Miragoane was clearly the result of a military enter
Every government is justly held responsible for the acts of its citizens. The public policy which should control its relations with foreign powers is not a proper subject for judicial inquiry or opinion. So long as it is at peace with foreign nations, it must restrain its citizens from any acts of hostility to a friendly power. Its duties are defined by laws which have their counterpart in the codes of all civilized countries. The strict observance of these obligations and the enforcement of its laws concern the peace and honor of the country.
Let an order be entered to commit the accused, Samuel Hughes, for trial at the approaching January term of the court for the Eastern district of South Carolina. Such order may provide for his being admitted to bail in such amount as may be hereafter determined.