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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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Disclaimers
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OCR
2h THE. TRIAL: OF +7
- An expedition consists of all the prepare ations which are made for
.a particular purpose, and if it is to be carried on. from one place
rather than another, common sense would seem to dictate that it
is to be carried on from the. place where those preparations are
made ; for from that place it must first move forward to the
place of destination. I-might contend, if it were necessary, that
an expedition may be set on foot to be carried on from different
“places successively. An expedition may be set on foot in New-
“York, to be carricd on from thence to Jacquemel, from thence
‘to Aruba, and from thence to the Main, to effect the final object
of the expedition. In such a case if it were true that the. expe-
dition was to be carried on “from Jacquemel, it would not be. the
less true that it was to be carried on from New-York. If the
-aords from thence are to be taken by themselves and considered as
indicating merely the place from which the expedition proceeds,
‘then it is carried on from place to place,.and from every place
‘from which it proceeds, and the words of the law are fully satisfi-
‘ed.’ But the good sense and sound construction of these words,
_as used in the law are, that they, refer to that place where the ex-
pedition i is prepared, where its means are collected and organized, ~
where it assumes the character of an expedition, and from which
‘it first proceeds i in that.character. It cannot be denied that these
preparations had risen to the maturity of an expedition or enter-
prise when the Leander left New-York. It cannot be denied >
that the expedition was intended to proceed from New-York to
South America, cither directly or. circuitously.. It cannot be.de-
nied that the expedition did proceed from New-York, that it did
-. arrive on the coast of South America, at or near the place of its
destination, and that-when it arrived it was the same expedition
which was begun or set on foot in New-York. If these, things
be so it ¢ appears to me a refinement beyond common sense, and
the plain meaning of language to say that such an expedition was
not set on foot in New-York ¢o be carried on Jr om thence, _ .
But our opponents still say that the expedition was not to be -
carried on. from the United States, becuuse when the Leander
sailed from New-York the expedition was not.in a condition to.
act efficiently. The ‘guns were not. mounted,. the pikes were
‘ without handles, the muskets had not been furbished and the
men were undisciplined. All these circumstances are ‘detailed with
great : gravity, and the counsel then ask, was this a military ex-
pedition to be carried:on from New-York ? Surely gentlemen it
can hardly be necessary to. give a serious answer to declamation
like this. Ifit were, it would be enough to.say that it is imma-
terial whether the preparations were great or small, whether the
equipments were complete or incomplete, or whether one .set
of means would not have been better adapted to the object than
-another. It is enough that an expedition has commenced in
wie United States. The offence described by the act consists in
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