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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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OCR
276 © ‘THE TRIAL OF
wanted to behold the light of their countenances ; to read their’
very thoughts; to let you discover in their deportment, cbvious
proofs of the frankness and ‘sincerity of their testimony ; to.
compel not only the truth, but also the whole truth, by interro-
gatories grounded on their replies, and on circumstances which
incidentally transpired. _Less than the whole truth would have
been a mockery of evidence, and would have destroyed, instead
of vindicating our client ; they will pardon us, therefore, for not
entrusting our safety to their wonderfully accommodating expe-
dient.
Gentlemen, I have done ; ; no longer willI detain you from the
duty you are prepared to discharge. Perhaps I should also apo-
_logize for having so long occupied your attention in so clear and
obvious a case. *
The indictment is unsuppor ted—the accusation totally fails. By
the. very evidence produced by the public prosecutor, we have
proved that Mr. Ogden’s sale of arms was a mere affair of com-
merce, which infringed no existing statute. It has. not. been
shown, that he was even acquainted with the plans of. Miranda 3.
you are of course bound to suppose, that he was ‘ignorant of
them. With equal propriety might a similar prosecution have -
“been instituted against any individual, who innocently or igno-
rantly sold to Miranda a case of pistols, ora charge of gunpow -
der. On this, ground alone, you cannot hesitate to pronounce a
verdict of acquittal. We have also shown you, that the statute
in question has not been violated, since the articles’sold by Mr.
Ogden.did not proceed from hence to a Spanish colony, but toa -
French port in St. Domingo, to which it was both customary and
Jawful to make such shipments; that in fact the expedition of
Miranda did not assume a hostile form at this port, but at St. Do-.
mingo, and proceeded from thence against the Caraccas. The
fact also is known to you, that this country was not at peace with
Spain, and on this head you have been referred to the official de- |
clarations of the president, as well as to acts of open hostility, |
committed by the Spanish forccs. Though our testimony has
been forcibly withheld from you, yet we have also, I trust, suffi-
ciently satisfied your minds that the preparations of Miranda re-
ceived the sanction of our executive magistrate; a sanction
which, I presume, you will not question his right to grant--a
sanction which cannot fail to exonerate the: agents of his. will
from the pains and penalties of the law.
- Gentlemen, you must be fully acquainted with this pr rose:
tion, and all'its attendant circumstances ; with the. transaction
yeferred to, in its real merits; and, above all, with your-own
powers, in their amplest extent. I call upon you to exercise
them with candour and independence ; I call upon you, as the
‘yatchmen of public justice, to protect its sacred s anctuary from,