The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-10

President Fillmore and Cuba.
We had supposed that Mr.. Webster was the true
FOUNDER OF the policy and special conduct of this admin
isration During the electoneering tour TO Dunkrk,
when Mr. Webster's eloquence needed in favor OF
canal bills harbor bills and the largest liberty for the peo
pie of all colors-negroes well white peoplethe
official organ took special pains to inform the public that
there was not the slightest difference in the opinions Of the
President and his Secretary Of State But it seems what
was true for that time is not true for tn time. Mr.
Webster profound lawyer and statesman on an abo
lition question but Cuba question his opinions
not orthodox must undergo the changes which
cessary keep the administration good terms with
Queen Victoria and her holy allies. Mr.. Webster is,
therefore, at liberty to ruscate in the mountains OF New
England while such luminaries as Mr.. Corwin are to
patch up some new doctrines of national law, and to
make quotations from vattel and other learned wri-
tiers about pirates and robbers, which have more
to do with the right Of the President 10 cit
izen or ship the high than his visit to Vir-
GINA had with the principles OF Washington and Jefer
son.
We make these remarks that our readers may account
for the studous omission OF both the organs make the
slightest allusion to the able letter of Mr.. Webster to
Mr. Fox, in which the principle applicable TO the Cuban
patriots ably and satisfactorily stated That princi-
pie satisfied the British government because that govern
ment had acted upon ii in cases without number, and
had never failed to exert where one of their own sub
ec,s had embarked enterprises like that of Lopez and
his followers
But, leaving out of view the gross auemp, to conound
the distinction which exists between pirate and self
exed patriot who chooses expose his life giving Free
lat, tha tbarp
of this question: which relates the character OF the
citizen thus escaped from Shores but 10 the power OF
the President to interfere with him. whatever be his Of
fence shor, OF piracy We maintain that every citizen
of the United States may leave the country unless he be
detained by due process on the charge OF crime, by
writ of ne ereat ordered under chancery Jurisdiction
But general proposition, any citizen may leave the
country, and the general government has power
stop him. The President Of the United States unlike the
Crown OF England, has prerogative rights He pos.
those powers alone which conferred upon him
by the constitution and the laws of his country.
By what authority does he attempt TO deain, and order
10 be seized by the military and naval forces of the
try, vessels and departed for Cuba Unless they
have committed crime, given proof of intention
commit one. clear that the government possesses no
such power before they depart But, 10 reach the
whole idea this subject, let it be borne in mind that
here is no such thing common-law crimes against
our federal government, and person can be held
10 answer for an offence unless il be defined by stat
ute Is ii made crime by statute for an American
citizen TO leave our shores assist people who are
struggling 10 shake of despoc government! If j, be
20, is novel and startling proposition, and makes the
United States the guarantor OF the continuance OF des
,oc governments, far citizens conce rned
Il they forbidden by law from giving aid 10 the OPP
'ressed and from fighting for those who willing
eceve them soldiers OF liberty, our country would
De the ally OF despoism.
1t will strike the American mind as something new
bat, by act Of Congress- ii is crime for citizen 10
cave the country with the design OF assisting an OPP
'ressed people in establishing free government and
ha, this crime be stgmalized piracy II is claimed
" the President and all his advisers except Mr. Web
ter tfor will not suppose that he has recanei hi,
Fox letter. tina, the act OF 1915 is such act, and
es the power to do wha, has been done in relation to
.opez and his followers II this act has been mscon.
,rued. and If in fac, i, does not mean what il is con-
ended that il does. the President in his late orders, has
zen guilty of usurpation Tha, such mistake has been
made, and that the President has acted wbou, authority
manifested by proper construction of the act In con
Wung an act, tDe OBJECT rs 10 aim al The true meaning
i the law.inaker Now does any one believe thai Con.
ess designed to make il piracy for an American
itizen to aid oppressed people TO become free The
ct seems to embrace two classes of cases The first is,
hat foreign power shall no, be permitted to enlist
roops and fit ornaments OF within the limits OF
he United States be directed against foreign pow
With which at peace. This would violate the |
eurallty law and make party to the conflict. The
econd is that citizens OF the United States shall not /
AIRY against friendly power by fitting ont hos
lie expeditions, Congress oaly have the power TO |
rake war, and not the citizens individually But this
oes not embrace the OF an existing conflict Of
eope against their oppressos. and departure OF our
itizens 10 aid those people
Congress- in the act OF 1918, is careful to observe this
istincuon II provides tina, armed expedition shall be
rganized within the United States 10 carry on ,oar from
hence against power with which we are at peace This
the United States to be the sea, OF the war
does not contemplate simple departure Of citizens 10
ngage in existing war; the base and theatre of which
another country.
To carry on war from thence is not ambiguous II |
say that the citizens here shall no, carry on war from
against another people, making this country the seat
war-from which emanaies, directing it. aggres-
ion from thence upon power with which we are a, !