The republic., 1851-09-08


young and inconsiderate. into their wicked
conferred upon them by this people in permitting
them to make our country an asylum from oppres-
sion, and in fragrant abuse of the hospitality thus
extended to them:
And whereas such expeditions can only be re-
garded as adventures for plunder and robbery, and
must meet the condemnation of the civilized world
whilst they dcrogatory 10 the character of our
country, in violation of the laws of nations, and
expressly prohibited by own-our statutes de-
clariHg that if any person shall, within the terri
tory jurisdiction of the United States, begin or
set on foot, provide prepare the means for any
military expedition enterprise TO be carried on
from thence against the territory or domains of
any foreign prince State, or of any colony, dis
trct or people with whom the United States are at
peace, every person offending shall be deemed
guilty of a high misdemeanor, and shall be fined
not exceeding three thousand dollars, and impri-
soned not more than three years.
Now, therefore, have issued this my proclama-
tion, warning all persons who shall connect them
selves with any such enterprise expedition vio
lation of our laws and national obligations, that
they will thereby subject themselves to the heavy
penalties denounced against such offences, and will
forfeit their claim to the protection of this Govern
ter to what extremities they may be reduced in
consequence of their illegal conduct; and therefore
exhort all good citizens, as they regard our
tional reputation-as they respect their own laws,
and the laws of nations-as they value the blessings
of peace and the welfare of their counry--to dis
countenance, and by all lawful means prevent any
such enterprises and call upon every officer of this
Government, civil or military, to all efforts in
his power TO arrest, for trial and punishment, every
such offender against the laws fthe country
Given under my hand the twenty fifth day of
April, in the year of our Lord one thousand eight
hundred and fifty -one, and the seventy fifth of the
independence of the United States.
BY the President:
MILLARD FILLMORE.
w. S. DERRICK, Acting Secretary Of State.
Exception has been taken to this proclama-
tion, because it denounces expeditions of the
nature it describes as ''adventurers for plunder
and robbery" At the time it was issued
there was no pretence of any existing insur-
rection in CUBA. We have TO this day no
reason to believe that any such insurrection
has been contemplated by any party on the
Island, Now, is it not true that military ex-
pedtions, fitted out by individuals against
nation in state of peace, are regarded as
'sadventurers for plunder and robbery" and
that the individuals engaged in them are con-
sidered and treated accordingly by the law of
nations? We admit that where civil war is
raging, where nation is divided into two hos
tile and contending parties, where the standard
of rebellion has been raised against sovereign,
and hostile armies are in the field, the law
of nations may not prohibit individuals
of foreign nations from taking part in such
civil connections. But all authority shows
that it is not in the power of indiuiduals to de-
clare war against nation, or invade the terri
tory of a foreign power, SO as to invest them
selves with the character of 'enemies," or en-
title themselves TO be treated otherwise than as
plunderers or robbers. VATTELL styles
war between one sovereign or nation and
another a lawful war and in form, the
effects of which, by the voluntary law of ma
tions, are the same on both sides, independ-
emily of the justice Of the cause He adds that
nothing of all this takes place in war void Of
form and unlawful, as an incursion committed
without lawful authority, which is more pro-
by such sort of enemies is not under any obli-
cation to observe towards them the rules of
war in form. 1t may treat them as robbers
The city of Geneva, after defeating the at
tempt of the famous Escalade, hung up the
SavOyards whom they had made prisoners as
robbers who had attacked them without any
cause or declaration of war. Nobody offered
to censure this proceeding, which would have
been detested in formal war."-(Law of
Nations, B. H., Ch w., S. 68.) So PUF-
FENDoRF describes wars, other than those di-
rected by the supreme authority on both sides.
as resembling the ncursions or depredations of
"robbers," and says that authors usually call
the powers engaged in lawful wars just enc
mics, in opposition TO robbers and pirates"
But the doctrine is laid down still more dis
tinctly by earlier jurists than VArTELL or PUF-
FENDoRP. 1t was the doctrine of the Civilians:
"Those are enemies" (hoStes) says the Roman
jurist PoMPoNUs, "who publicly declare war
against us, or against whom we declare war;
others are robbers or plunderers, (latrones aut
pradones.") In nearly the same words UL-
Plan lays down the rule: fThose are enemies
against whom the Roman people have pub
licly declared war, or who have declared war
against the Roman people; others are called
robbers or plnnderers, (atrunculi vel pra,-
dones."O "'He is an enemy" says CICERO.
90 who has state, judicial courts, treasury,
the consent and agreement of citizens, and the
capacity Of making peace and treaty"
ni1rill los, ncf vaI bu (rpn
THUS as the law of nations, and are so cited and
considered by Justice STORY, in deliver
ing the judgment of the Supreme Court in the
case of The United States VS.. Smith. The
words hoStes and Iatrones, "enemies" and
robbers" are used by Ivy to denote-the
first, those who have right to make war; and
the latter, those who make war without right
Those who set on foot military expeditions
against law are styled habtually by the Roman
historian "latrones" or robbers"-"pra-
doncs" or "plunderers;" and if their expedition