The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-22


il Is stretching lie powers beyond the limits Of just neu
trality 10 crush movement conceived in the spirit OF
freedom. and TO bolster the authority Of grinding des-
do not make il ground OF attack now against the
government but l0usi say; with regret. that il has
seemed to me The ympahes OF the government have Of
liberal progress do not think proper TO 10 further
now When the information which this resolution seeks
has been oblained-and hope i viii receive q more
which remains yet shall be able TO con
slider the subject with light than we now possess
Stll have ielt authorized TO say as much az have
aud which seemed intended to propitate the public
mind in favor OF what the administration had under.
Mr. WEBSTER. rather regret, sir, that the honora-
BILE member from Wisconsin [Mr. WALKERl thought il
necessary to offer this amendment because il seemed
rather offensive in its terms; and perhaps il is quite
regular to demand by what authority act has been
done until the inquiry has first been answered whether
such an act has been done hope therefore, that the
honorable member will see the proprey Of Withdrawing
that branch Of the amendment II he does not however
shall vote for the whole resolution.
am good deal surprised at some of the propositions
stated by the honorable senator from Florida, MR. YU-
LEE.l He that this looks to him like declaration
OF war by the Executive. without the authority OF Con-
grsss, Against whom' War against what country !
Mr. YULEE, (interposng) | said that the course at
trbued The Executive involved possible act of war
Mr. WEBSTER. Well. still, ] ask, war with whom !
Against what government what country i--what col
ony l-what pfovince'
Sir important that we should govern ourselves by
some distinct understanding OF the neutral duties OF this
lshed by the standing laws II mean to be neutral,
as between government and any party assaling il at
home abroad 10 consider what treaty stpu
lations are, IN the rs place, and in what relations
stand 10 the government OF that country Now, every
body knows the spulaions of peace, and amity, and
good will contained in all our treaties with Spain; and
probably every member OF this Senate knows that in The
diplomatic history of this country, different times in the
last thirty years, SO far as the executive government
could pledge the country to particular OF policy
it has, and and again, assured the govern
ment OF Spain that, if Spain should voluntarily re
hnqlish Cuba to any European power, the United States
would dotowards her every ofhce Of good will TO main
tain her in the possession OF that island that the Uni
ted States would look with great jealousy and greataarm
upon any voluntary surrender Of Cuba 10 European
power; but that, Spain would abstain from that ISSUE
she might depend upon the good Offices and the good
will and friendship Of the United States in every man
nsr which might assist her in maintaining her possession
OF that island do not mean to say how far these moi
cations offered the Spanish government are binding
upon Congress only to say that they have been
Jackson's administration They have been made oT The
purpose OF impressing upon Spain tie importance to our
peace and 70 hers OF the preservation OF that island
the executive government Of the United States have been
published from time to time but heard any COM
plant OF them from any part Of the country.
rect question: What is it that is complained of II
is said that the President has ordered portion OF the
naval armament Of the country to the coast Of Cuba for
generally received to be, that purpose only legal
and perfectly constitutional be executed the part Of
which is made his positive duty by positive statute If
there is any case il is OF this kind military
expedition has been fitted out or begun TO be fitted out
prepared in the United States, against the island OF
Cuba, now belonging to the government OF Spain and il
not material that be the fact whether i be fitted out
Or O. s out Of in tn the United States
law prevents these things from being done in the
United States. WE'LL sir suppose that whatever order
the President Of the United States has taken upon that
subject has been taken upon the information that there
has been military expedition fitted out set foot
prepared in the United States, in whole OF in part Well
then, that be the law makes il the express duty of
the Executive, whenever he can, to the military
and naval powers within the limits jurisdiction of the
United States to defeat such expedition
be found On the eoas q sVsd
the provisions OF the law OF this country and helping
carry on military expedition against Cuba that vessel
Just much within the jurisdiction OF the United States
as il she laid in the Potomac river supposed that no
doubted that the jurisdiction OF the United States
in and over the vessel of the United States, protecting
for the benefit OF the United Staes and protecting for
the benefit OF all other countries. all that is under the flag
OF the United States, wherever it floats upon the sea,
wherever she has water board, though il be in the
honorable senator from Ohio doubted that and the
honorable senator from New York further and said
he did not suppose that any one believed it, take il,
however, to be unquesonable law, settled upon the
surest basis OF the national code. Well then, that be
so, the President OF the United Snies bound in duty
wherever ne tnnks OF United states
to extend the SEA the land persons engaged
in the violation OF this law OF Congresst his duty, by
the use OF the military and naval forces OF the United
Sates TO suppress that violation That is the language
OF the law-the military and naval armament OF The
United States Why is he TO use the naval armament OF
the United States, unless there is something that may
happen on the sea
cannot persuade myself that the honorable senator
from Florida has read the OF 1918 with his usual dill
gence and acumen say that il not only gives power
TO the President, but that il imposes duty upon him-an
active and diligen duty-o preserve the peace OF the
country BY supyessng every unauthorized expedition
foot in the United States against any portion OF for
eign country with which we are al peace.
Will not 90 at any great length into this question
But pray how does the honorable senator from FLORIDA
mean TO be understood when he says that IL the exped
ton took place at home nothing could be done without
an indictment or BY warrant That is not the language
consonan with general ideas OF the authority OF the
President OF the United States under the constitution II
an lnsecton broke out, could not the President OF the
United States suppress II by armed force II squad
ron were coming the Potomac river 10 burn the CAPT
tol might he repe by naval force or by any other
foice al his command II there was an instruction OF
coored persons breaking out in any direction must the
President wait Tor warrant and civil process 10 arrest
the ofendersl II IL made his duty to execute the laws
and when there open. Hsersnt. and dangerous wi
olation Of the law s his peculiar duty 10 bring the
force the country the rescue OF the law and 10 no
assert and e.estsblrh IL.
do not know what are the precise facts OF this case
but have apprehension that il will be found thai
anything has been done that ought TO have been
DONE that will be found that anything is intended 10
be done that ought not to be intended have moi the
sghies doubt that whatever has been done in the case
has been done upon full consideration | have no rea.
a hat hasb een mn an