Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-08-28
THE CUBA INVASION.


and Webster with ippancy and confidence calcula-
ted to produce prodgous IMPRESSION OF coarse upon
those who think that these modern expounder oil the Jus
9en1um "he only prophets and that wisdom will
die with Them" The other evening in the Park, Thos
Carr ESQ.,. but more Familiarity know as" Tom Carr, :"
offered res OF resolut ions for the adoption of the
''sympa thizers," the scope Of which was to com.
nit those agreeing to them to 'the Cause of Cuban
Independence, to solicit contributions for the promo
ton OF that cause, TO approve the expedition recently
fitted out shores by Lopez against province Of
nation with whom own is at peace, ard to which
is bound by solemn treaty obligations and to con-
denim the conduct of our consul to that province fol-
not protesting against the taken by the local
government In relation to members OF That expedition
captured while engaged therein. Besides all these
things the resolutions declared that Vattel the great
author of "The Law of Nations" ard Daniel Webster
the expounder of the constitution had uttered sentiment
(Which embodied in the resolutons and Of which,
more anonl in favor of such course OF conduct a
that pursued by the Cuban SympathiZers,
Now, we do not know whether "lhe game is worth
the candle, but, as there may be among fel-
low citizens SO over credulous or deeply green 10
be deceived by such expostions of the law of nations
as those recently promulgated in front of the City
Hall, we will waste some space in looking into the
matter little We do not suppose, however, that the
exposure of the faacy of the learned Law Doc ors oil
the Park will have the effect of preventing their rope
ttion, and their incubation in the shape of resolutions
and speeches. and newspaper columns. "a lie well
stuck to is good the TRUTH for some purposes
and obsnacy in perssug in wrong is very apt to be
mistaken by the shortsghted for frmness in vindca-
ton of the right Many years ago, when "Old Hick-
DRY" was at odds upon some point Involving The law
otnations) with Mr. Monroe who was then in the adj
minjstration of the General Government, Ez-Consul
Cars friend Vatte together with some other venera
bic writers the branch of law, were turned up
as authority against him. 81 don't care d for
Vattel nor for Groius nor for PufIendorf, nor for
your exclaimed the old hero; "Nis is matter be.
t1ceen me and Jim Monroe :" And so in this case
The Ex-Consul and the Ex-Captain of the Empire
Club may turn upon u.s. in the face OF our refutaon OF
their nv citations from
and tell US they don't care d for Webster or Vat
tel and that this is little matter between them and
Queen Isabella But let us see what the law is
In the first place. on the 22d OF February 1879 a
Treaty OF Amy, Settlement, and Limits, between the
United States of America and Spain, was concluded
in the city of Washington Article the Firs OF which
is in these words
"There shall be firm and nvioable peace and sin.
cere friendship between the United States and their
citizens and his Catholic Majesty, his successors and
subjects, without exception of persons or places"
That treaty still exists and is part of the law Of the
land What says Vatel
"There IS another kind of the Law of Nations which
authors call arbitrary because it proceeds from The will
or consent OF nations. States well as individuals
may acquire rights and contract obligations by express
engagements by pacts and treGtaes there results from
these conventional Law OF Nations, peculiar the
contracting powers" tVattel, Preface L. ofN1
And again, says this elegant author, in the course of
his perspicuous chapter son Treaties of Alliance and
other public Treaties :"
AS the engagements OF treaty impose on the one
hand perfect obligation, they produce on the other
perfect right TO violate treaty is, then, Violate the
perfect right of him with whom we have contracted
and this is TO do him an injury" [Vattel, Book II,
Chap. II.
What says Blackstone?
Whatever contracts the king engages in, no other
power in the kingdom can legally DELAY, resist or an
null" B'ackstone's Com, Vol. |, D. 257
And hat says the Constitution ofthe United States
Why, that Treaty is part OF the Law of the Land
and of courre all are bound to obey it. and so far a.
hey eau, to it, "If.' says the learned editor of
Mr.. Webser's Diplomatic and Official Papers, Hlar-
pers ed l848, p xv)"if it contain provisions which
cannot be carried into effect without legislative provi-
sion, Congress, though not compeabe pass the law
is bound by high moral and political obligation to do
so, and has omitted do its duty in this respect"
And that duty it has done in the matter especially un-
der consideration. There is law on the statute
book OF the United States, entitled can act for the pun
ishment OF certain crimes against the United States"
approved April co. l949, two sections OF which we here
copy
"See. @ And be it further enacted. That if any per-
shall, within the territory or jurisdiction of the
United States enlist enter, himself or hire or retain
another person TO enlist enter himself or to ee be-
yond the limits jurisdiction of the United States with
intentto be enlisted or entered in the service of any for
egn prince, state, colony district people, as soldier
marine or seaman on board of any vessel of war
letter of marquee privateer every person so offending
shall be deemed guilty of high misdemeanor and
shall be fined not exceeding thousand dollars and
not exceeding three years."
"Sec g. And be it further enacted, That if any per.
son ska, within the territory or jurisdiction OF the Uni
ted States begin or set on foot, provide prepare
the means Tor any military expedition enterprise to
be carried on from thence against the territory or do
mnons of any foreign prince state, OF any COLONY
district people, with whom the United States are at
peace every person so offending shall be deemed gull
ty of high misdemeanor, and shall be fined" &c.
We may well refer, while this Law is before U.s.
TO the opinion expressed by fourth of these Park ex-
posors of the law, that II is perfectly grauitous and
extra official act for the President of the United States
the naval OF the for
ventiou of breach OF treaty with friendly power,
and of violation of the law 1t Mr.. Schaffer,
front of the City Hail. but if he will take the trouble
turn section the 9Th othis law of 1878 this Dan.
el come to Judgment" will see that it is specially made
lawful for the President OF the United States or such
other person he shall have empowered for that pur
pose, to employ such part of the land naval forces
Of the United States tor the purpose of taking posses
session of and OBTAINING any such ship vessel, in Or
Ter to the execution OF the prohibitions and penalties of
his act.''
Now this is the law Of the land against the law of
The flibusteros; and so they may chance to find it, il
hey persist in their purpose of violating it,
But say the "sympathsers," in their Park resou-
ions. eve agree with Vattei, that when people,
or good reasons take up arms against oppressor,
ustice and generosity require that brave should be-
assisted in the defence OF their liberty Certainly; but
ad what Immediately follows this remark:
"When, therefore, ciui ccar is kindled in state,
oregn powers may assist that party which appears to
hem o have justice on their side "Bu we ought
lot to abuse this maxim for authorizing odious pro.
eedngs against the tranquility of states" [Vattel,
3ook II. Chap. Al
Again, in these resolutions our light lawyers
esolve that they ''agree with Daniel Webster that
of the highest eminence, living and dead
AVE maintained that the general law of nations does
lot forbid the citizens or becs of one nation from
akng part in the civil connections of another Very
rue but read, on the same page, [l07 Dip. and Off.
Papers of Websterl what follows this abstract
mark:
"Butit is not to be inferred that there is on the part
# this government any purpose of cxtenuating in the
slightest degree the crimes OF those persons, citizens OF
he United States who have Joined in military expedl-
ions against the.Brtsh Government in Canada. On
he contrary the President directs the under signed to
ay tina it is hsixed resolution that all such disturb
RS of the national peace and uolat0rs of the ldWS Of
heir country, shall be brought to exemplary pu nish
nent. Nor will the fact that they nstigated and
ed on in these excuses by refugees from the provinces
re deemed any excuse or palation." "NEUTRAL
STATES ARE BOUND TO BE STRICTLY NEUTRAL and it is
manifest and gross Improperly for individual
yage in the civil conflicts Of other Saes and thus be
1t war while their Government at peace" Ip 1881
Jndaad this able letter of MIR. Webster to Mr. Fox,