The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-05


ecutive 10 use the army and navy only in subordinate,
to the civil au,honty-ony TO sustain the civil authors,
in executing process Further than that il esnno, =
without violating The constitution, matter how nnrh
il may speak OF law and order aRd neutral obligations;
the time.
The constitution does not give the power Of arr. :
the President Leaving OF view the army. navy Ana
the militia in active service theTreJent has no power
TO arrest Tor ,rial--no more than We have But we vii
not argue this point for we have before an opinion
which precudes the necessity OF such argument Mr.
Attorney General Writ in his opinion dated Sepieub,t
8. 1918, relative TO Obed virgins case, says;
Arrest for trial is proceeding which belongs 10 "a,
.aicia not 10 ne ereps branch II ihs gopramsnt and
warrant OF arrest Is always pee ded ~ evidence,r
yaris be sure but still evdence-to wits information
on O h Can the President OF the United States order :.
arrest either by proclamation or by instructions mar,
hals9 Would such procianaticn OF instructions be
effect, 10 arresti IL Is very clear tha,
ley would and that either OF them would be violation
sf tue article of ihs amendments OF the sutoo Of
The United States, which provides that the right Of the
people DO in their prsoss, houses papers, and
effects against unreasonable searches and ssizwes shall
not be violated and rarraWt EhaH tssA but spoN prob
ab, cause supported by oath qrwatos and
describing place DO searched and tho persons or
Aings seized II one Of tho strong grounds Of
objection 10 celebrated alien law that gave tho Pres
dent power to arrests power says Judge Tucker
(which presumed did not exist ethor in the exeeu.
OF the State Of the federal government Tacs.
er's Black, 29O.p
1t is clear that the orders issued 10 our naval
forces arrest, the coast Of Cuba. expeditions intend
ed to act against the Spanish authorities in that island are
in direct violation of the constitution. Within our ur
con such enterprises could be arrested by the judicial
authority, sustained if need be- by the subordinate a,
sistance OF military force. Beyond jurisdiction h,
laws OF the United Sa,es including the law of 1885, have
virtue. Beyond our jurisdiction. they are on the hish
seas; and, unless they prostitute flag American
ship has right 10 stop them Having reached The high
seas they cannot in any compromit the honor Of
our county, unless it be shown that government has
given them direct aid and encouragement. or indirect aid
and encouragement, by wroDgfuy failing to prevent
| armed organizations within our borders
Once The high seas, the Cuban adventures cannot
be arrested under laws by judicial process un
der the constitution The law Of 1918 does not extend
to the high seas for il is nothing than statute Of
he United States. The fugitive slave law is also statute
of the United States Did Mr. Fillmore order the army and
| navy to execute that law! BY no means
Bnthere is another point We have already shown tina.
the Executive has right arrest, except ON our soil
mns,raon defend the of Cuba or guarantee tho
uominions Of the Queen OF Spain' The Cuban sympa
ihzers cannot bs arrested the high seas except BY
Spanish authority Our ships of may stop any YES
sci sailing under the American flag tina, she ia not
abusing that fig. That is ALL From the Foundation Of
the government, have denied the right OF search
How, them can an American vessel stop ship at sea
not sailing under the stars and s,rpes' Only when such
ship lis deemed to be pratcal vessel Can the Cuban
sympa,hzets be deemed pirates' They 70 10 assist an
outbreak in Cuba they do 60 for murder and rlun
der But we will not argue this point; we prefer 10 pre-
sent the words used by The present Secretary Of State in
his correspondence with Mr. Fox relative 10 the Canad.
troubles:
The undersigned doet no, admit, the propriey or Justice
OF this designation Ii citizens Of tic United Safe, ,ed
ou or were engaged in ftInK out 4 mitafy expedition
from the United States, intended act agaiu. The Ri sh
government in Canada they clearly v,oa~g ii, taSs
Of their 90" country, and exposing themselves tho a
consequences which might be inflicted them II taken
within the British domnions But, Notwithstanding hs
hey were certainly not pirates does the undersigned
think advance the purpose Of fair and friendly d.
cnsslon so TO denominae them Their offence. whaever
was had no analogy to OF .piruey' Supposing oil
that alleged against them be true they taktnSa
part in what they regarded q civil war. ard they
taking part on the sids Of the rcbe Surely Great Bril-
ain herself has not regarded thus engaged
serving The appeation which her Msestys government
slows upon these citizens of the United States.
Its quite notorious that, for the greater part Of the lat
centuries, of the British Gown have been p.
msi to engage in iorc,gn boi.i and civil
In he latter in every stage OF progress and vel,
1t has not been imagined hat England a. any tims
aLo,ced her subjects .pirss Indeed in our own
times, only have indivdu, subjects OF that Grown
gone abroad TO engage in civil wars, bat have seen
~hols regiments openly recruited, imboded, armed
and disciplined in England, with the avowsd purpose or
aiding rebellion against nation with which England
at peace; although IL 10 true that subsequently an
Of Parliament pared prevent Transaction, 20
nearly approaching public war, without license from
the Crown.
IT may be said that there is = difference between tie
case OF civil war arising from disputed or
proaced revolt oil colony against mother country and
the case Of a fresh outbreak commencement OF
rebellion The undersigned does deny that such due
unc,ion may for certain purposes be deemed founded
He admits that gope, called upon consider liz
rights interests, and duties when civil break
in other countries may decide all circumstances
the particular case upon its existing .tipulaous,
probable results ptat its security rig aive, and
many other considerations. IL may be already bound TO
assist party, tmsy become bound if 50 chooses
to assist the Other and to meet the Of such
assistance. .ssre-s.e.e
"Bu whether the revolt be recent or loppc continue
they who join those concerned in it, whatever may be their
treated II taken with in their hands the territory Of
raised DO deno,nna,cd piratss without depart,
offences. which has foul origin ~ 'yissey
in hv Ita hfDjv ala