The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-07

principles of the message, II does not expect to
stand at all."-DANIEL WEBsrER's Letter TO the
Union Meeting at Wesfehesfer.
Our contemporary of the Union is certainly
persevering. Considering his education at the
foo,stool of General JACKSON, we are not sur
prised that he should prefer the law as he
himself understands il 10 the law of the
courts and Judges. Hence, no doubt, comes the
spirit in which he breaks lance with MIR.
Justice MCLEAN, avows preference for his
own judgment over any ''mere dcum'' of that
learned jurist, and gives him flip (collat
erally) on the ground that he Contends for a
consolidated Government" and ''entertains
abolition sentiments" This is very unfiliai
and irreverent language for our neighbor to hold
in regard TO an appointee of General JACKSON.
Mr.. Justice MCLEAN has not changed his pc
liiical opinions since he was raised TO the
bench, and we apprehend is good deal better
lawyer than he was at the lime of his APP
pointment
We cannot but be amused at the intimation
of our learned contemporary that he would
have been better satisfied with Mr.. Justice
McLEAN's law, if his honor had given his ''au
thorlly." When we took occasion few weeks
since to cite from the judicial decisions and
the received textbooks, such authority" as
fully sustained the somewhat elementary prop
ositions on which the Proclamation of the Pre-
siDENT rested, our worthy neghbor pooh
poohed the idea of setting up such old fellows
as GRoTIUs, and PUFFENDoRF, and VATTEL,
and Chief Justice MARSHALL, against the ex
tempore newspaper law of his own columns.
He met us with no contradictory authority, but
relied entirely on the "higher lawn that he
had manufactured for this particular case. But
when Mr.. Justice MCLEAN lays down in his
own language the results of some five and
twenty years. judicial study and observation
he is called upon for his authority" Sup
pose the Union, instead Of relying upon empty
defamation, should interest itself in looking
mp some sound authority" TO repel the con
illusions of Judge MCLEAN. Perhaps it might
be more satisfactory to the public than the mere
say so of newspaper.
''Does any one entertain the slightest idea"
says our judicial pundit of the Union, 'ihat the
Cuban invaders intended murder and robbery"
1t is clear enough that they intended to kill such
persons as opposed armed resistance to their de-
signs. This is apparent from the fact that they
did kill such persons. 1t is clear enough that
they intended to subsist on such means as they
could take from their enemies; for after landing
on the island they had no other means of sub
sistence. The law Of the civilized world says
that killing under such circumstances is murder,
and that "taking" under such circumstances
lie robbery and plumber" The law says this
just as inexorably rs arithmetic says that two
and two make four, or as geometry says that
straight line is the shortest distance between
two points. Mr.. Justice MCLEAN is not the
maker of any law in the premises-he merely
announces the law. Herein lies the difference
between him and our contemporary. The lat
ter makes his own law from the whole cloth;
the former expounds law already written in the
books of the sages Of the profession, and in the
solemn Judgments Of the highest courts
We deem it little creditable in any one who
occupies place of trust or influence TO seek to
dsbauch public sentiment on grave questions
from views of mere political expediency, or any
the Cuban question constants us to believe
that il ia doing violence to iis own convictions
We believe that our sympathies are as tender as
those of our contemporary, or as those of any Of
mis- Free-sol allies who have followed the same
line of attack against the Administration; and
we believe, moreover, that they are much more
justly directed. We sympathize with the eff
forts of the Executive and Judicial authorities
TO maintain in all sections the supremacy Of
those laws which have been enacted by the
AMERICAN PEOPLE. We mpathize-deeply
sympathize-with the misguided and unfortu-
nate men who have been seduced by the coun
sci of interested spectators and unprincipled
journalists into an expedition condemned alike
by the statutes of their country and the law o.
the civilized world. We cannot but SYM
the discharge of soldiers duty, if not ami
mated by subjects loyalty, persisted in the de-
fence of CUBA against what they regarded as
an hostile invasion. They too had wives
and daughters, and sisters, from whose afflc-
lions we as Christian men ought not to with
hold our pity or our prayers. But their sor
rows are comparatively remote from us--un
seen-and therefore unfelt. There are bereavec
families on our own soil with whose suffering
we are more familiar, and can therefore tn
more Immediately and sincerely sympathize
We have seen letters from their members
we have conversed with some Of them--anc