The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-10-12

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fiance of the laws of these United States
This is worse than refusing the King of
Prussia the use of our navy yards and
materials in fitting out war steamers to
make good the reactionary despotism OF
central Europe.
The Union then quotes the sixth section
of the law of 1918, making it "high
misdemeanor" for any one to be concerned
in such an enterprise as that for which the
Round Islanders were collected. The law
is in these words
sThat if any person shall within the territory or
jurisdiction of the United States, begin, or set on
foot or provide, or prepare the means for, any
military expedition enterprise, TO be carried on
from thence against the territory dominions OF
any foreign prince state, or of any colony, dis
trict or people, with whom the United States are
at peace, every person SO offending shall be deemed
guilty of high misdemeanor, and shall be fined
not exceeding three thousand dollars, and impr-
soned not more than three years"
The ''foreign organ' then goes on to
argue the unconstitutionality of the act OF
the Government, because the penalties OF
the law must be enforced by judicial tri-
bunal that because the President cannot
fine party three thousand dollars and
imprison him for three years, without con-
viction, he cannot therefore interfere to
prevent violation of the law. This rea-
soning is just about as wise as it would be
to contend that if public officer see aper-
son about to commit murder he should not
interfere, because he had not the right to
punish the party with death before trial
and conviction, in case he committed the
felony.
The 9Th section of the law of 1918,
from which the Union quotes, expressly
authorizes Sc the President of the United
States, or such other person as he shall en-
power for that purpose, to employ the land
and naval forces Of the United States and
the militia thereof, in PREVENTING the
carrying on any such expedition Or enter
prise"
The President has not undertaken to
execute the penalty of the law upon the
guilty parties, nor was there any purpose to
pursue them further than was necessary to
prevent" the sailing of the expedition.
What sort of figure would the Government
have made, if, knowing an illegal expedi-
ton was on the eve of sailing, it had stood
quietly by until indictments had been found
against its leaders, and thus permitted an
infraction of the law and violation OF in
ternational obligations ? What would the
people say of high sheriff who refused to
interfere to preUent man from committing
arson, murder, or other offence, because
he was not indicted in criminal courti
1t is one thing to prevent an infraction of
the law, and another to punish the guilty.
The law of 1918 was framed expressly
TO interrupt and prevent expeditions of
nature similar to that the Round Islanders
were engaged in. The misdemeanor was
clearly defined by it, and the whole mill
tary force of the country was put at the
disposal of the President to Wevent such
expeditions it was made his duty TO in
terfere to "preuent" them, and he did
interfere and preoeat the one under con-
sideration. Here the power of the Presi-
dent terminates, without the interposition
of the courts of law. He cannot condemn
the individuals engaged in it, and fine them
" three thousand dollars" or imprison
them for "three years." nor would he do
so if he could but his duty to prere,lt the
contemplated infraction of the law was as
clear as the means assigned him by the
Sth section of the act of 1918 were ample.
Recent advices lead us to think that
the Round Islanders have reason to re-
oice that the Government interposed.
Many of them no doubt are convinced, by
this time, that the aid they expected from
other quarters was promised without the
ability or the desire to render it. The
hopes they entertained have proved illu-
sorry; and they see now that, had they at
tempted the execution Of their plan, they
would have fallen victims TO the treachery
of supposed friends or the exaggerations
Of over-sanguine ones. They have mar
rowly escaped precipice to which they
were attracted by spirit of adventure or
the hope of reward. In their dsappoint-
ment they may console themselves that
they are reserved for better fate than
sacrifice of treachery or the victims of
the illusory promises.