The Trials of William S. Smith, and Samuel G. Ogden; For Misdemeanours, Had in the Circuit Court of the United States for the New-York District, in Ju

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1807. Not illustrated. Excerpt: ... their own head, and without any authority or commission, to en- gai DEGREESe in military enterprises; but we say this statute can have no application if there was war of one kind or another. The defendant may have offended against the law of nations, or against some other law, but not against the statute on which he is indicted. I am sorry, indeed, gentlemen, to take up so much of your time; it cannot however be so disagreeable for you to listen to me longer, as it is painful for me, sinking as I am under fatigue, to proceed. Yet I shall not discharge my duty, unless I put the case of my client before you in some other points of view. Whatever the defendant did with respect to Miranda's expedition, was done by him with the knowledge, consent, and approbation of the president of the United States, and of his minister, Mr. Madison, the secretary of state. Notwithstanding that the testimony which we might ourselves have offered you on this subject has been excluded, the fact appears from the examination of their witnesses. They have attempted to criminate colonel Smith by his own declarations. These declarations became legal evidence, and are to be taken as strongly when they make for, as when they militate against us. Colonel Smith's most confidential friends have been sought for on this occasion. Those to whom he is supposed to have unbosomed himself, without reserve, have been brought here to tell you what has passed between them and the defendant, when he thought his words were buried in the breasts of his friends. There is not a single person to whom he has spoken in confidence on this subject, and who has appeared here as a witness against him, who did not testify, that he always declared that he was acting under the sanction of the president of th