The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-10-10
CITY OF WASHINGTON.
WEDNESDAY MORNING. OCTOBER 10, ls4e.
The Round Island Outrage.

We have already considered, al some iengtn the prn-
ciples involved in the conduct Of the administration
towards the persons lately assembled at Round Island
who charged with design Of invading the posses
sions OF neghbonng power We think that il must
be manifest to every mind which considers the subject
with the least degree Of candor that the Executive has
acted in this behalf in direct violation OF the plain pro-
visions Of the constitution, and in derogation Of the
rights and privileges guaranteed by that instrument
to the citizens Of the United States The consti.
tuition expressly declares that no person shall be de-
priyed Of life, liberty, property, "wTHoUr
CESS OF LAW" And even when criminal offence
has been committed the constitution enjoins that mo
parrant shall issue, but upon probable cause,
PORTED BY OATH OR AFFIRMATION" These provisions
are plain and explicit, and they command positively and
peremptory, that citizen Of the United States shall be
deprived of his liberty his property without due pro.
Of law and that warrant for the arrest OF citi-
zen or the seizure OF his property shall be issued, but
upon probable cause, SUPPORTED BY OATH AFFIRMA-
TIoN' AS further safeguard to the people against the
power OF the government the constitution requires that
ono person shall be held to for capital or 9TH
erwse infamous crime, unless presentment in
dictment OF grand jury, except in arising in the
land naval forces, in the militia when in actual ser
vice in time Of war or public DANGER Hence it fol.
lows, that party charged with an offence against
penal statute Of the United States can only be ar.
resed by warrant which has been issued oath or
affirmation, setting forth probable cause to justify the
arrest After the party is thus arrested he cannot be
held 10 answer Unless grand jury brings in present.
ment Indictment against him and then the 9th amend
ment requires that "e accused shall enjoy the right to
speedy and public trial. By an impartial jury of the State
and district ohere the crime shall haze been committed
whieh district shall haze been previously ascerained BY
aw, and to be informed of the nature and cause Of the
accusation 10 be confronted NTH the witnesses against
him to have compulsory process for obtaining witnesses
in his favor and 10 have the assistance Of counsel for his
defence"
When these principles Of the constitution are applied
to the conduct OF the administration, in directing our ma
val force in the Gulf of Mexico TO arrest the suspected
expedition against Cuba and to dispense by force OF arms
the persons assembled at Round Island must be appa
rent not only that great wrong and injustice have been
DONE but that great and important principles. involving
nothing less than the liberties of people, have been
wantony violated by General Taylors administration.
The law Of nations imposes upon our government the
obligation to preserve its neutray but according to the
principles OF national laws nation is not answerabe for
the acts OF her citizens against foreign power un-
less the government giUes them countena''S and en-
enlargement. But when it comes to the knowl-
edge of the government that an armed expedition is
assembled any point within our jurisdiction for the
purpose of assaing friendly power, the public author.
tiles should see that the nation is not involved in HOSTILE
ties by countenanchg or encouraging such expedition
In order that this may be done and for the purpose oil
preventing armed bodies of from occupying our ter
ftory with the design to levy war against other coun-
tries Congress passed act in 1918 which makes
criminal 10 begin set foot such expeditions. On
that act the administration relies for its justification We
have already published the section of the law of 1878,
relied on BY the Executive. But for greater certainly
we will publish il again. Ii provides re!
.That II any person shall within the territory juris
LECTION of the United States bgn set on foot provide,
prepare the for, military expedition or en-
erpre be carried from thence against the territory
domnions Of any foreign prince or STATE or OF any col
onv District or people, with whom the United States
At peace, every person offending shall be deemed guilty
Of high msdemeanor and shall be fined not exceeding
dollars and imprisoned hot more than three
years"
Under This law the Executive claims the right indie
pendent Of the judiciary, TO arrest and punish, on nfor-
nation which is known only to itself, the members OF
military expedition enterprise begun or set on foot in
the jurisdiction OF the United States, against the colony
or territory OF any foreign prince or State But the ex.
tracts which we have made from the constitution ex-
,ressy forbid such an usurpa,ion Of authority The
opinion Of Mr.. Writ in Obed Wrghfs case, which we
copied in full on former OCCASION correctly states that
an arrest for trial proceeding pheh belongs 10 the
judicial not 10 the executive branch Of The government;
md the warrdnt Of aodys preceded BY erdence-
er parte to be sure but still evidenceto it REFORMATION
ON OATH" And Mr. Writ continues, by stating that if the
President Of the United States order arrest, either by
PROCLAMATION or by instructions to marshas, such
proclamation or instructions would be in effect warrant
10 arrest and either Of them would be violation OF the
5h article OF the amendments to the constitution OF the
United States The opinion Of Mr. Writ in this particu-
lar cannot be controverted The power to arrest for
violation Of law clearly belongs TO the udciay and no
citizen OF the United States, as we have shown, can be
arrested except by due process Of law issued oath or
affirmation from court Of competent jurisdiction.
But the Executive has usuped the power OF arrest which
belongs exclusively TO the judiciary; and il has added
that usurpation the fragrant wrong OF ordering an
arrest on secret information in open defiance OF the
express prohibition OF the constitution Not content with
violating the constitution, the Executive has dsregarded
the act OF 1918, which is pleaded in its justification.
That act plainly requires arrest trial. and conviction
before punishment be inflicted; and il commands, in
Of conviction that the party convicted shall be fined
sum not exceeding three thousand dollars and impris
oned for a term not exceeding three years. But the