The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-29


rhs Cuban Expedition The Arrest and Release Of
0sa Lopsz.
The expedition TO Cuba has miscarried; and no won
ier-for Lopez carried with him few troops, that the
inhabitants were afraid to join his standard.
We have seen stated-and we have no doubt of the
truth OF the satement-that Gen Lopez arrested at
Savannah. under orders issued from Washington and
transmitted by telegraph We also learn that he was
promptly discharged from custody. We have not heard,
but we are forced conclude that this discharge the
result OF writ Of habeas corpus otherwise, the officer
who obeyed the comm ands Of the Executive would have
detained the prisoner.
II these things be true-and we can no reason to
doubt them-they afford striking illustration Of the
weakness, ncapacty, and ignorance OF the who now
cond uct our public affairs; and every American citizen
must feel chagrised and mortified the eagemess which
The administration has displayed become the tool
and instrument Of the Spanish monarchy and to uphold
The cruel tyranny which Spain practises in the island Of
Cuba. In sudden emergencies, when prompt action is
required and but little time is given for reflection, tfng
mistakes may be overlooked or excused; but in the
present instance the administration have suf.
cient plea to urge, in extenuaton OF its conduct
The attempted expedition Of the last year brought the
whole matter under discussion; and though the admin
istration may have acted in haste in concentrating
squadron on the shores Of Cuba in issuing orders pre-
vent landing of the expedition and to c off reinforce
mens and in directing the of General Lopez yet
we are justified in asserting that its action. hasy it
was resulted from policy carefully considered and
adopted.
In our article of Sunday last we established that the
constitution. which the President and heads OF depart
ments, well inferior officers, have sworn to obey
expressly and positively commands that no person shall
be deprived of life. liberty, property. witho due pro
of iaw = and that the right OF the people to be
secure in their persons, houses. papers, and effects.
against unreasonable searches and seizures shall be
violated; and no 0arrdnfs shall but upon proba-
bic cause, supported BY oath affirmation, and particu
larry describing the place to be searched and the persons
or things to be seized" These commands OF the cons
tuition plain and explicit and the powers vested
the President by the law Of 1918 in nowise repeal
modify them That law authorizes the Executive en-
poy the land and naval forces of the United States
prevent the beginning setting foot, within the terri
tory or jurisdiction OF the United States OF hostile ex-
pedon against the possessions OF any friendly nation
yet inasmuch the constitution expressly forbds thai
any person be deprived Of his liberty without due process
of ia, and declares that shall issue for e
sez Of person papers, except upon probable cause.
supported by oath affirmation. it follows
y consequence that the power TO arrest is Judicial
PoOe, and that the President cannot employ the army
navy to execute the law of isis except in aid OF the civil
authority and to enable il to execute some due process
Of law issued by court Of csmpeien, jurisdiction
These views seem to us TO be unanswerable. Indeed
they appear plain that il hard to believe that even
the weak and incompetent who conduct our national
affairs could have failed to perceive and acknowledge
their truth We cannot resist the belief that there is
something behind the curtansome latent sympathy for
the Spanish monarchy and for monarchical principles
which acua,ed the members Of the cabinet and impeed
them violate the constitution aud set at naught its
plain provisions We cannot discard from our minds the
recollection Of the first Cuban expedition nor can we
forget the apologies which the organ Of the Spanish
New York made TO its Spanish readers for
the apparent hostility to Spanish interests manifested in
the complaint cmanang from the administration that we
not allowed to open diplomatic relations with Cuba
On that occasion, La Cronieo the organ to which we
aude, told its readers in substance that the claim to
open diplomatic relations with Cuba was put forward to
divert public attention, and that the administration was
forced by the exgencies OF its condition. pretend TO
degree OF hostility Spanish interests which II did not
feel Sir Henry Bulwer but followed in the footsteps OF
La Cronica, when he wrote to Mr. Chatfeld that the
motives of this administration might be trusted but that
il was restrained in It's actions by fear OF the popular
party Remembering all these things, feel convinced
that the cabinet will continue il has commenced, the
steady and constant friend Of monarchieal Institutions
With feelings against popular rights intensified and made
bitter and viruent by the wedge that the people
are waiting anxiously and mpatiendy for the time when
they will be able 10 bring the ballobox into play. and
drive their weak and incompetent, rulers into retirement
Regarding the matter in this light do no, submit our
arguments on this subject for the enlightenment Of the
cabinet A body which is nsensible to public opinion
cares but little for the requirements OF the constitution
for having nothing OF character lose and know
ing that its present tenure Of Office is the last may vo-
late tha instrument without fearing the consequences
But we appeal the people, who cherish their institutions
and reverence those constitutional guarantees which
were intended to secure 10 them, at all times the ines
mabIe privileges which they enjoy. We, therefore, sub
init, in addition to the argument which we have already
adduced. proving that the power Of arrest Is Judicial
power which the President cannot exercse the following
extract from the opinion Of Mr. Writ, when Attorney
General OF the United States, which we Published in full
few days since; and We commend the extract 10 the
attention Of the reader. not only because il emanatcd
from high authority but because its reasoning sound
conclusive, and unanswerable:
Arrest for trial IL proceeding which belongs to the