The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-13

Were the Cuban Associates Lop,z Pirates:
We have shown in several preceding articles, that the
President transcribed his legal power in issuing or
ders TO our naval officers to seize the high ships
and proceeding the shores OF Cuba for the pur
pose of aiding the inhabitants OF that island in shaking
off the Spanish yoke 1t is unnecessary to continue the
argument until some serious attempt is made to refute It,
We have also shown that our treaty relations with
Spain authorized government TO interfere IN be-
half of American citizens, so far as to secure to
them, when made prisoners, the privilege OF trial,
and the respect due the noble impulse under which
they acted in exposing their lives to the fortunes OF
such an enterprise. That they found the inhabitants
incur the hazard of struggle for free
DOM that duped by the treachery Of Spanish agents
their landing on the island was nopportune, or not
effected at the point where their cooperation would
have been accepted, and might have been successful
does not alter the moral and political principles which
are applicable to their conducts for defeat
has nothing to do with these principles laws. Men
may die be slain. they may live and be victorious.
The great laws OF Nature and of Nations remain unaffected
by the defeat or the victory of the human beings 10
whom these laws ara applicable The only material fact
is to ascertain what is the action which these law
denim as piracy. and which will be acknowledged such
by the general sense of mankind.
All the writer's define piracy be the offence of
depredating the high without authority from any
sovereign State and declare that the judicial power OF
every State extends the capital punishment of such
offence As enemies of the human race the armed vessels
of every particular State seize them, and bring them
TO trial in any port which they may be taken Such is
piracy under the law of nations, distinguished from
tina, piracy which may be created by the statutes Of par
lcular States In the latter the offender be tried
only by that State within whose territorial jurisdiction
and on board of whose vessels the offence, thus created
piracy, committed 1t is not pretended that the fol-
lowers of Lopez pirates account Of the violation
of any special law OF the United States The statute
which the President issued his proclamation did deag
nate those OF citizens who mig hit violate its provs-
ions as pirates invest the President the of
the country with any right TO arrest them punish them
as such But il our statute intended TO confer
on the President such unheardo power the lives
and fortunes OF fellow citizens, it could confer
such power Spain Spain could not arrest these
as pirates unless they made by the general law
OF nations and this law does no, make them unless
they were the high for purposes of plumber and
robberya character which they did not possess, and
which fair ral-such trial as they were entitled to
by treaty and every consideration of humani,y-would
have fully proved. There being ground therefore,
for the assumption OF the Presidents proclamation that
the followers Of Lopez pirates, either by own
laws or by the general law OF nations, manifest that
he usurped power in giving instructions to apprehend
them as such, and has committed violent wrong upon
the rights Of American citizens, so far Spain has felt
herself authorized 10 deny those citizens the privileges
OF trial guaranteed by treaty with her
But it is beyond all question not only that the follow
Lopez punderers and robbers but that they
have committed offence which, by the usage OF our
country by the general sense OF mankind involves any
punishment which the President can nflct The power
of punishment is under any view Of the subject Judi
cia power II there be crime or guilt the process TO
ascertain its extent and punishment is judicial and the
attempt OF the President before judicial trial. to deprive
his feow.ctize OF all the prescriptions OF innocence
that might have been pleaded in their behalf whether
tried in our courts for the breach OF the law Of ls1s or
whether amenabe to the laws of Spain unauthorized
invaders Of her SOIL be paIliated by no subsequent
steps Of duplication for cemency which will now be
too late 10 save the lives of these unfortunate men, or
benefit the OF that liberty they hoped secure
Our citizens are told however, by the advocates Of
President Fillmore, that the most rigorous measures'were
necessary check the awess spirit OF our people, whose
COnuuCt Involve US IN " war WIN opan anu Win
the whole world. The slightest reflection will show
that such apprehensons only proceed from those
who take limited view Of the true nature of gov
eminent. To repress the sentiment which makes us
sympahize with the oppressedto impose restraints
the voluntary action Of our people when il may be
ered, withou, injury TO ourselves, in giving liberty and
happiness 10 felow-beings within their reach-is
ing far greater danger than that which will arise from
giving the freest scope such generous impulses II is
with such feelings il is with charity. II never exer-
cised they prepare the mind for servitude which soon
becomes incapable Of apprecang the blessings OF liberty
Whoever has looked closely into the history Of the
world for The last two hundred years. will see that is this
voluntary movement OF individuals which is the founda-
ton Of most Of the great events that have improved the
condition OF humanity In the thirty years war Of Europe
there are few OF general readers who do not know
something Of Gusavus Adolphus, the King Of Sweden.
This man left his kingdom with few faithful followers
to check the power Of Austria and place the Protestant
religion the basis OF freedom He took possession OF
the States adjoining him without declaration OF war,
relying alone the valor OF his troops, and the skill with
which he could command them to make converts to his
cause He upset government after government and though
finally unfortunate effected changes in the organization OF
the nalona,es Of Europe which are recognised to this