The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-26

vented us from exposing The conduct oil the adminslra
ton in employing second time our naval force in assist
ing, sustaining and protecting the Spanish authority in
The island OF Cuba In the present instance as in that
in which the administration, on its own authority. de-
csred war against American citizens at Round island
the law OF 1878. and neutral obligations under the
laws OF nations. are pleaded in justification Of plain
and garng usurpaon. We beg leave therefore, 10 ex-
anime both Of these points The law Of 1918 provides
That I any person shall within the territory OF jurIsdc
ton OF the United States begin, loot or provide
terprse 70 be carried from thence against the territory
or dominons Of foreign prince State or Of any
peace, every person offending shall be deemed guitv
Of high misdemeano and shall BIO fined not exceediny
three and imprisoned not more than three
AAother section Of this law empowers the President. to
employ the land and naval forces when necessary to ex
ecute the law Thus the act OF Congress- defines our
neutral obligations, and empowers the Executive to fulfil
those obligations Good faith and friendship requires
us, according 10 the national law, not to give aid or
counenance to hostile movements friendly power
from the territory jurisdiction Of the United States and
that is all it does require. The law OF 1918 empowers
the President carry out the national law by bringing
to trial any who is engaged in beginning setting
on foot providing or preparing the for. any
military expedition enterprise against friendly pow
en- The law expressly declares that such conduct is
high msdemeanor and shall be punished by fine not
exceeding three thousand dollars, and term Of imps-
onment not exceeding three years. That fine and that
Imprisonment only be imposed BY court after the
party has been regularly tried and found guilty by jury
Hence we hold it be clear that the power OF the ex
ecutve officers is limited to the power 10 arrests and that
arrest we affirm can righdully be made only in accord
Al. TIL
declares that person shall be deprived of fe liberty
or property, without due process Of lar" The fifth
amendment OF the constitution says:
houses papers, and effects against searches
and seizures shall not be violated and no warrants shall
issue but npoa probable cause SUPPORTED BY oarH on Ar
and the pasoas or things to be seized.
Asacommentary upon these provisions OF the consti-
tuition, we suboin the following opinion Of William Writ
Attorney General in Obed virgins case; and il should
be remarked that Wright was notsupsctsd Of intention
to commit crime. Il was known that he had actually
committed fagant and violent outrage, and the Execu.
tive applied to Mr. Writ for advice the proper course
TO be pursued, Mr.. Writ answered as follows;
ATTORNEY GEsERAL's OHrIcK Sept 8, 1918
SR Mr. Calhoun has called on me, the desire OF the
Secretary Of State (now absent) for the purpose OF in
mahs OF the several districts and Territories for the APP
SAFE no . 70 De iond for either as
you will find from Mr., Brent's questions
by memory, s that, he says OF Bradford who mpli
easd N the Pennsyivania lnsunecoa But we know not
what degree of evidence General Washington might have
had against Bradford TO warrant his proclamation; or
whether he reed upon tue oppenness and notorey of the
short Of bsdsm fagrans. The result Of the inquiry TO- that
there Is no certain guide to either
snd have very strong doubs Tin which Mr. Calhoun con-
curs) whether either OF the proposed
BY the constitution Arrest for trial Is proceeding which
government; and the warrant OF always preceded
ey eydencesI parts % be sure bs. :l syidenct-to
sructions mashals Would not such proclamation or
cearto thai they would and that either Of Them would
be violation Of the 9th article Of the amendments Of the
right OF the people be in their sows, houses
papers, and effects, against unreasonable searches and
ts1es, shall mot be violated and shall
bnt probable cause, s1ppoted BY oath Affirmation,
and particularly describing place be searched and
strong grounds Of objection the celebrated alien law
gave the President power TO arrests power" says
"a OF State federal
tih fuckers Black, 290)
Would not better course be- TO have an indictment sub.
me to he next grand jury the circuit court Of Geof
g and, IL found by them 70 authenticated copies
Of the United States, with nsuuclons n Wright should
make his appearance anywhere within the Uniled States
references il necessary 70 the 9Th amendment to The con.
Of the United States and the 3sd section OF the judi
cisry act, which points out the mode OF arrest
There - nothing IN this suggestion which denies 70 the
resident the power Of Issuing his prociamAiion again an
offender who has been regularly Arrested and has
aoe hls escape Tor the regularity Of the aIrest implies
na the probable has been furnished oath or
ton and that the warrant Of has been duly ssusd
and has had effect; although, In this the
power OF the President forh hts procauation 10 en-
ey matter OF inference from his constitutional power 70
take that tho laws be faithfully executed there be-
ing 90 express statutory provision 70 authorize such poca
nation
| shall await your instructions on this subject
And have the honor 70 be, &C. ,yx w,pr
To the PRKsIDKyr OF rae UslrKp STATES.
After reading the foregoing, and scrutinzing the terms
Of the law Of 1885, we think 1t must be clear TO every
candid mind that the offence OF beginning and setting
loot military expedition against friendly power must
punished by the verdict Of jury and the judgment Of
court OF competent jurisdiction; that the power OF the
President to use the land and naval forces is only insure
force strong enough to arrest, and thatno be-
made without due process Of law consequently the
ID forces can act only in aid OF the civil authorities, in
erving warrant supported by oath affirmation, and
ssued by some court Of competent authority II IL clear
hererore that an armed expedition against friendly
cannot be arrested by virtue OF the law Of 1885,
when il il than marine league from shores
is then beyond the territory Of the United States, and
beyond the jurisdiction OF any Of the United States
We must confess that we comprehend the idea
brown out by Mr. Websiern his reply to Mr. Yulee. Of
Florida that there was such thing as the jurisdiction
81 the Inted Statess indepenent Of and ertendinw