This point made, they boldly went a step farther, and declared that the United States were actually at war with Spain. The affair of the Kempers, and of Flanagan in Louisiana, the obstruction of the Mobile Kiver, the depredations upon our commerce by Spanish privateers, were sufficient proof of a state of war. We had a right to meet force by force. The President must have been of this opinion, else he could not have violated his trust by authorizing this expedition.
The case for the defence, considered in a logical point of view, was desperate; but no case is desperate before a Jury; and when Mr. Colden, Mr. Hoffman, and Mr. Emmet had each in his own peculiar mode of eloquence appealed to the Jury to protect their client, already punished by removal from his place, without a trial or even a hearing, for an offence committed with, the sanction of his superior officers,—when they compared this State prosecution to the attempts made by despotic European governments to crush innocent men by the machinery of law, and asserted that it was instituted solely to gratify the malice of the King of Spain, a bitter enemy to the United States,—and when they enlarged upon the grandeur of an undertaking to give liberty to the down-trodden victims of Colonial tyranny, comparing Miranda and his friends to our own Revolutionary heroes, there could be but little doubt of the verdict. But there was an uneasy feeling after the District Attorney had closed. He demolished with ease the arguments of the other side, for not one of them had sufficient strength to stand alone. Smith's perpetual excuse, that he had been led astray by the belief of connivance in Washington, was preposterous. If he had been anxious to know the sentiments of Government on the subject, he might at any time within six days have ascertained whether Miranda told him truth or not. He spoke of the cruelty and reckless folly of all such attempts upon a neighboring people; asked the Jury how they would like to see an armed force landed upon our shores to take part with one or the other of the great political parties; and closed with a few strong words, as true at this day as then:—"If you acquit the defendant, you say to the world that the United States have renounced the law of nations,—that they permit their citizens not only to violate their own laws with impunity, but to invade the people of other countries with hostile force in a time of peace, as avarice, ambition, or the thought of plunder may dictate. Such a decision would justify the acts of the pirate on the ocean, and would sink our national character to the barbarism of savage tribes."
The Jury were out two hours, and brought in a verdict of not guilty, which gave great satisfaction to Federal editors. A few days afterward, Mr. Ogden was acquitted.[1]
[Footnote 1: Mr. Jefferson, after the expiration of his second term, wrote to Don Valentino de Fornonda as follows:—
"Your predecessor [Yrujo] wished it to be believed that we were in unjustifiable coöperation in Miranda's expedition.
"I solemnly and on my personal truth and honor declare to you that this was entirely without foundation, and that there was neither coöperation nor connivance on our part. He informed us he was about to attempt the liberation of his native country from bondage, and intimated a hope of our aid, or connivance at least. He was at once informed, that, though we had great cause of complaint against Spain, and even of war, yet, whenever we should think proper to act as her enemy, it should be openly and aboveboard, and that our hostility should never be exercised by such petty means. We had no suspicion that he expected to engage men here, but merely to purchase military stores. Against this there was no law, nor, consequently, any authority for us to interpose. On the other hand, we deemed it improper to betray his voluntary communication to the agents of Spain. Although his measures were many days in preparation at New York, we never had the least intimation or suspicion of his engaging men in his enterprise until he was gone; and I presume that the secrecy of his proceedings kept them equally unknown to the Marquis Yrujo and to the Spanish Consul at New York, since neither of them gave us any information of the enlistment of men until it was too late for any measures taken at Washington to prevent their departure.">[
This is a brief account of the first filibuster-trial in the United States. Other heroes of this profession, compared with whom Smith and Ogden were spotless, have since come before our courts only to be turned loose upon the world again. No other result is to be anticipated. It is an established principle with our fellow-citizens, that no man is happy, or ought to be, who lives under any other system of government than our own. Let a lawyer pronounce the magic formula, "Liberty to the oppressed," or "Free institutions to the victims of despotism," and, presto!—rascality is metamorphosed into merit. After all, it makes such a difference, when it is only our neighbor's ox that is gored!
Here closed the first act of the expedition. Colonel Smith lost his office, and Mr. Ogden stopped payment. The passengers by the Leander fared worse. There were two hundred men on board: one hundred and twenty belonged to the ship; the others had been engaged by Smith and his agent Fink as officers, dragoons, printers, and armorers. With the exception of two or three, none of them had seen their commander or knew their destination. The officers, all gentlemen "of crooked fortunes," supposed that they were sailing to enlarge the area of freedom somewhere in America; but what particular region of the Spanish dominions was to be subjected to this wholesome treatment they neither knew nor cared, provided they could improve their own financial condition. Both officers and privates were for the most part serviceable, steady men, worthy of a more efficient leader.
On the 12th of February, they were overhauled and searched by H.B.M. ship Cleopatra. Nineteen men with American protections were carried off in the frigate's boat, and twelve native Americans taken out of prizes sent back to replace them. The Leander's papers were examined and pronounced unsatisfactory. Miranda was obliged to go on board the Cleopatra, where he had a long private conversation with the captain. He returned with full liberty to proceed, and with a written pass to prevent detention or search by British cruisers. This adventure was made to give an air of respectability to the enterprise; and Miranda hinted to his suite that the English captain had promised to join him with his frigate. A day or two later, the Leander took other airs upon herself. Meeting a small Spanish schooner, laden with logwood, off the Haytian coast, Lewis fired into her, and ordered the captain on board with his papers, for the mere pleasure of exercising power. The Spaniard, as soon as he got back to his own craft, made the best of his way home and gave the first alarm.
On the 18th of February, they cast anchor at Jacquemel. Lewis went immediately to Port au-Prince, to engage the Emperor, a ship commanded by his brother, to join the expedition. Miranda remained behind to organize his followers. He at last announced to them that he intended to land near Caracas; the whole country would rise at his name; his brave Americans would form the nucleus and the heart of a great army; there was no Spanish force in the province to resist him. In a general order, "Parole, America; Countersign, Liberty," he assigned to his officers their rank in the Columbian army, distributing them into the Engineers, Artillery, Dragoons, Riflemen, and Foot. Another general order, "Parole, Warren; Countersign, Bunker's Hill," fixed the uniforms of the different corps,—to be distinguished by blue, yellow, or green facings. All hands were set to work upon the crowded deck. Printers struck off proclamations and blank commissions in the name of "Don Francisco de Miranda, Commander-in-Chief of the Columbian Army"; carpenters made pike-handles; armorers repaired the arms bought in New York; (they had cost little, and were worth less;) the regimental tailor and his disciples stitched the gay facings upon the new uniforms; files of awkward fellows were put through the manual exercise by an old drill-sergeant; and the young gentlemen officers read diligently in treatises on war, or listened to the discourses of their general upon the noble art. In the midst of this stir of preparation, Lewis returned unsuccessful, without the ship Emperor; but Miranda seemed in no hurry to depart. He continued his lectures and his drilling until the 28th of March. At last he hoisted the new Columbian flag,—a tricolor, blue, yellow, and red,—fired a grand salute, and stood gallantly out of the harbor, where he had wasted six precious weeks.