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Full Title
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 July, 1806.
Author
Lloyd, Thomas, 1756-1827.
Date Added
11 January 2014
Language
English
Publish Date
1807
Publisher
New York: I. Riley and Co.
Source
ACHS Historic Papers Lloyd Family.
Topic
Smith, William Stephens, > 1755-1816 > Trials, litigation, etc. Ogden, Samuel G. > (Samuel Gouverneur), > 1779-1860 > Trials, litigation, etc. Venezuela > History > Miranda's Expedition, 1806. United States > Foreign relations > Spain. Spain > Foreign relations > United States.
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WILLIAM S. SMITH. 93
$ military expedition or enterprise, he shall be punished.” These:
words are, nat terms of art ; they are to be understood in their or-
dinary. sense and acceptation, and, so understood, they unquestion-
ably embrice” every case in which’ any person may attempt to
violate the duties of neutrality and peace.
. Icome‘now to: speak: more particularly of the charges contain- .
ed in the indictment.» This indictment contains seven counts, or:
distinct charges against the defendant. For all the purposes of
. the present trial, it will be ‘sufficient, I conceive, to state to you
the substance. of three of. them, It is first alleged that the’ de-
_ fendant began a’military expedition in this city, to be carried on
against :the dominions of Spain, in South America. It is also
“alleged,. that the defendant set on foot a military enterprise, in
this city, to. be carried.on against the dominions of Spain, ins.
South America. Another chirge is, that the defendant provided
thirty.men, and three hundred dollars jin’money, as the means
for such enterprise. If any one of these charges shall be és-
tablished by evidence, the prosecution willbe maintained, and it:
will be-your duty to convict the defendant, unless he shall on his
part establish some sufficient defence. ae
The general charge against the defendant, seems to resolve
itsclf into four principal points, to be established before the court’:
and jury. Ist... That a military expedition was set on foot in
this city. 2d. That this military expedition, was destined
to be carried on against the dominions of Spain, in South Ameri-
ca. Sd. That the defendant was concerned. in preparing the :
expedition, in some of the modes charged in the indictment ;
that isto say, cither by beginning it, or by setting it on-foot, or
by providing. men and money, ‘as means for the expedition —
“And, 4th. That at the time when this shall appear to have been
‘done, the United States and the King of Spain were at peace.
These are the constituent parts of the offence, and they must be
established affirmatively. on the part of the prosecuticn. © I trust
that we are able to establish them to your entire satisfaction.
I will now briefly state to you the ‘substance of the testimony
which we shall offer for that purpose.
It will appear that Miranda, a native of. Caraccas, in: South :
America, and formerly an officer in the Spanish - service, left
that service in disgust, or disgrace, more than twenty years ago.
rom that time he conceived a project of effecting a revolution in
his native country, and dismembering it from the crown of Spain.
He was soon afterwards in the United States, and then disclosed
his project to many individuals here. - He proceeded to i:urope,
and through a variety of fortune there, constantly pursued his long
meditated project, and at different times laid it before the govern~
ments of Great-Britain and France, soliciting their assistance. —
Not having succeeded‘in. Europe, he again came to the United
States, in November last: Here he employed’himself, in pre-.