SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 1895. NO. 986. ADVANCED. J.H.S. WIBORG, JENS P. PETERSEN, AND HANS JOHANSEN, PLAINTIFFS IN ERROR, VS. THE UNITED STATES. CONSTRUCTION OF SECTION 5286 OF THE U.S. REVISED STATUTES. BRIEF OF W. HALLETT PHILLIPS FOR PLAINTIFFS IN ERROR.
Washington: Judd & Detweiler, [1895]. Original printed wrappers [detached with some edge chipping] with wrapper title, as issued. Stapled as issued. 36pp, clean text. Good+.
The case is an example in the long history, dating back to the dreams of Southern slavery expansionists, of American yearning to acquire Cuba. Wiborg and his fellow defendants, citizens of Denmark, were arrested on board the Danish Steamer Horsa, which had embarked from Philadelphia for Cuba, allegedly on a military adventure to detach Cuba from Spain while the United States was at peace with Spain. The prohibition on such expeditions applied to anyone-- regardless of citizenship-- who left from a location in the United States.
Phillips, a prominent Washington attorney, sought to reverse their convictions. The wrinkle in the case was this: when the Horsa left Philadelphia, it was not carrying any weapons or articles connected with the expedition. It was met more than three miles offshore, outside American territorial waters, by men who boarded the Horsa with the purpose of liberating Cuba. Phillips argued that the United States had not demonstrated the defendants' intention to participate in the expedition. The Supreme Court's decision, reversing the convictions of all but Mr. Wiborg, is reported at 163 U.S. 132 [1896]. Justice Harlan dissented, arguing that Wiborg also deserved an acquittal.
Not located on OCLC as of July 2016. Item #33147
Price: $350.00