Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-24

movement conceived in the spirit of freedom, and to
bolster the authority Of grinding desposm.
do not make it a ground OF attack now against
the Government but must say, with regret, that it
has seemed to me the sympathes of the Government
have OF late appeared to lean rather to the side of des
posm than to liberal progress. do not think it pro-
per to go further now When the information which
this resolution seeks has been obtaned-and hope it
will receive more prompt attention than resolution
offered some time ago which remains yet unanswered
we shall be able to consider the subject with light
than we now possess Still, have felt authorized to
say as much as have from what appeared in the two
to propitiate the public mind in favor of what the Adj
ministration had undertaken
Mr.. WEBSTER. Mr.: President, l regret that the hon.
orabe Senator from Wisconsin has thought it necessary
to offer the amendment which he has proposed because
it rather offensive in its terms II is not perhaps
quite regular to demand by what authority an act has
been done until inquiry be first answered whether such
act has been DONE hope therefore, that the honor
able member will see the proprey of Withdrawing the
amendment If he does not, however shall vote for
t he whole resolution.
Mr. President, | am somewhat surprised at some of
the propositions stated by the honorable member from
Florida He says it looks to him as if this decla-
ton OF without the authority OF Congress. Against
whom! against what country!
Mr.. YULBE. Not declaration of war. l said that
the instructions involS ed an act OF war.
Mr.. WEBSTER. An act of war, then Against whom?
Against what government, what country what colony,
what province! 1t is important that we should govern
ourselves by distinct understanding of the neutral
duties OF this government and OF the duties OF all the
citizens OF this government, established by standing law
1t to be neutral, as between government and
any party assang it at home or abroad we are to con-
slider what treaty stpulatons are in the first place.
and upon what relations stand to the government OF
that country. Now every body knows the stipuatlons
of peace, amity, and good will contained in all our
treaties with Spain and probably every member of the
Senate knows that in the diplomatic history OF this
try at different times within the last thirty years. so tar
as the Executive government could pledge the country
to particular line OF policy, over and over, and over
again. we assured the government OF Spain tn at Spain
should not voluntarily renqlsh Cuba to any European
Power, the United States would do towards her every
office OF kindness and good will to maintain her in pos
session Of that island that the United States would
look with great jealousy and great alarm at any voun-
tary surrender OF Cuba to a European Power and that
if Spain would abstain from that she might be assured
of the good offices and good will of the United States
and the friendship OF the United States to maintain her
in possession of the island | do not to say how
far those communications to the Spanish Government
bind Congress or the country only mean say that
they have been made at different times as far back at
least as Gen. Jackson's administration and they have
been made for the purpose OF mpressng on Spain the
great Importance Of our peace and her regard tor u.s.
and OF preserving that island in her possession and I'M
der her authority These Specifications Of the purpose
of the Executive Government have been uniform, and
they have been published from time to time, and never
heard of complaint of them in any part of the
try
that is complained of 1t is said that the President
OF the United States has directed portion of the naval
armament OF country to the coast OF Cuba fora GER
tain specific purpose and if the facts they
generally believed to be- Tor purpose not only perfect
ly legal and perfectly constitutional to be executed on
the part OF the Executive of the Government but pur
pose made his especial duty by positive statute II there
is ANY case, it OF this kind. military expedi-
ton has been fitted out begun to be fitted out the
United States, to act against the island of Cuba
belonging to the Spanish Government And it is not
material If such be the fact if it be fitted out, began
to be fitted prepared according the language OF
the statute, in the United States whether by the cit-
zens OF the United States or by others. The law pre-
vents the thing being done in the United States. Now,
suppose that whatever action the President has taken
on this subject, is founded upon information that this is
military expedition, prepared and set foot in the
United States, in whole or in part Well, them if that
be SO, the law makes it his express duty, wherever he
exert the military and naval power, within the IL
mts and jurisdiction Of the United States, exert it
defeat such expedition. And in the next place, if
United States vessel is found on the coast of Cuba in
tending violate this law OF the country by helping to
military expedition against Cuba that vessel
is just much within the jurisdiction OF the United
States for that is the word OF the staute-as if she
lay in the Potomac river suppose that nobody doubts
that the jurisdiction of the United States is in and
over pro Getting for the benefit of the United States, and
protecting for the benefit of other countries, all that
under the flag OF the United States, wherever that flag
floats upon the sea, or even in the harbor OF foreign
port. believe that some time ago honorable MEM
Der from Ohio doubted that and believe that an homo
rable member from New York quoted the sentiment,
and said that nobody believed it. However, take it to
be unquestionabe law, settled upon the basis of
enaonal CODE If that be SO, the President OF the
jurisdiction Of the United States extending the
the land if persons engaged in violation of the
law Of Congress by Of the naval and military power
of the United States to prevent it. Such is the language
OF the law, "by the military and naval armament of the
United States" And why is he to the naval
ment OF the United States, unless there is something
that can be lawfully done with upon the sea |
not persuade myself that the honorable member from
Florida has read the act of 1878 with his usual dill
gence and acuteness. say that that act not only gives
power to the President, but imposes it upon him
duty active and digent duty, to preserve the peace
ofhe country by suppressng every unauthorized exped
ton set on foot in the United States, against any por-
ton OF country, province, or colony with which we
are at peace.
will not go into this subject at any very great length
But pray. what does the honorable member from Fori
da mean! How does he mean to be understood when
he says that ii at home nothing could be done without
process or warrant! That not the language of the
law nor the language OF the constitution; it con-
sonan to general ideas OF the authority of the Pre-
sden under the constitution. Ii an nsurrecton breaks
out, may not the President suppress it by armed
force Ii a squadron were coming up the Potomac ri
Yer to burn the capital, may he not resist it with
val force? If there an Instruction of colored
persons breaking out any where, threatening the
throw OF the laws and institutions OF the country
hestop for warrant! Sir it is made his duty to exc
cute the laws and where there open, fragrant,
dangerous violation OF law, it is his duty to come with
the proper force OF the country to the OF the vo
lated law, and to re- assert and re-establish it.
do not know what are the precise facts in this case,
but have no apprehension at all that it will be found
sia any tilhs tias peeu uoie WHICH snoulu not nave
been done, that any thing is intended which should
not be intended have not the least doubt that what
has been done in the has been done upon full
considerations and that the answer to this inquiry will
show to the country that step has been unadvisedy
taken and that object has been cherished but the ge
neral sautary, beneficial one of preserving the peace
OF the country.
But the honorable gentleman went somewhat further.
He says that if landing be made on the island OF Gu
ba under the flag OF the United States, it is breaking
out OF evil war, in regard to which we must be neu-
trail. Why, certainly may be neutral if no act for
carrying that invasion and raising that flag OF the
United States in Cuba has been done, attempted
be DONE or set foot prepared, according to the
language of the statute, in the United States.
Mr. YULEE. The Senator seems to have understood
me as saving the flag ofthe United States. l did not
say so. said that the moment that the revolutionary
flag was raised there was civil war; and there were
two belligeraut parties
Mr.. WEBSTER 1t is the same thing The honora-
bic member says that when revolution breaks out it
is ci,.ilx and in a civil bound To be