The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-06

ration OF the public good demands this. IL the
Administration cannot stand upon the principles
'ofthe message it does expect to stand at all.
IDASIEL WEBsTER's Letter TO the Union Meeting
~ IPestchsster.
The Proclamation and the Higher Law.
When the higher-law sympathizers with
the patriot insurgents, in 1888, invaded Canada,
in disregard of their own obligations as citizens,
and of the obligations Of the Government Of
their country to foreign nations, President Van
buren, issued proclamation, in which he
called upon all citizens of the United States to
withhold their countenance and encouragement
from chose ,cho haze thus forfeited their claim
to the protection Of their country" In that pro-
clamation President VAN buren, proceeded TO
say: ".fnd hereby earn all those lcho hare en-
gagged IN these criminal enterprises, if persisted
IN, that, ,ohaieper may be The condition to
,chich they may be reduced, they must not err
pect the interference Of this Government, in
any form, on their behalf, but toiH be left re-
preached by every pirtuous elIoto- citizen, to be
dealt icith according to the policy and justice
Of that government tohose donsinions then hare,
IN defiance Of the kno,0n uisheS and efforts Of
their o,cn government, and ,c,thout the shado,o
Of justification or excuse, neta-io,tsly inraded."
This language, in the judgment of our con
temporary of the Union, is ''prudent and states
manlike." II is certainly not complimentary
to the sympathizeIs 1t tells them that they
are "nefariously" occupied; that they are en-
gagged in criminal" enterprise; that they
have forfeited their claim to the protection of
their government, and must not expect its
interference in any form, to whatever condition
they may be reduced This is a somewhat
stringent mode of putting the case, to say the
least oft. If we understand the force Of Ian
guage, this proclamation informs the persons on
whom it is designed to operate that they are
outlaws, and beyond the protection of their
Government. And this language was en-
ployed in regard TO men who had only taken
sides in an actually raging war.
Our contemporary of the Union commends
this language of Mr.. VAN buren,, and applauds
the prudence and craftsmanship of his advisers
In recommending its adoption. But when
President FILLMORE employs similar language
IN regard to a contemplated expedition against
province in state of profound peace, then he
becomes an usurper, a tyrant, an inhuman, bloody
monster, who violates the law and disgraces
civilization.
And the apology for using all these hard
words, or others of similar import, is the allie
cation that by this language the PRESIDENT
outlawed the men who should engage in an
illegal expedition and, more particularly de-
prived them of the benefit of the seventh article
of our treaty with SPAIN Mark the logic
The President, by the language employed
in his proclamation in April, cut off these ma
rauders from the right to resort to this pro-
vision of the treaty; which was not at all
affected by their descent upon the Island
of CUBA, in a military expedition, without
commission and without a flag, to carry
fire and sword among people with whom their
government was at peace! The prosecution of
fragrant war does not affect their relations to
compact of peace; they can at the same mo
ment annul treaty as far as they are them
selves concerned by violence, and claim priv
leges under IL Now, it they were under the pro-
lection Of the treaty, the SPANISH authorities
found in arms in the field of battle 1t is not
the custom of nations to shoot down men who
are within the protection of treaty of peace.
The first article Of our treaty with SPAIN is
in the following words: "There shall be firm
and inviolable peace and sincere friendship
between his Catholic Majesty, his successors
and subjects, and the United States and their
citizens, ,cithom exception Of persons or
places"
Now, as long as citizens Of the United States
keep the treaty inviolate, they are entitled to
the benefit of all its articles. When they break
il in its fundamental provisions by declaring
private war against province Of SPAIN,
they withdraw themselves from the operation
of the treaty, for they cannot be at war and at
peace-encmies and friends-at the same time
Such is the law Of nations. Such, however, is
not the higher law Of our contemporary of the
Union According to the Judgment of that
journal, the expedition Of LoPEz against CUBA
was within the law and custom Of nations; an
expedition that the friends Of liberty should
"sympathize" with, and Of course initiate; and
one that entities the deluded and misguided
young men who embarked in it to rank with
the patriot" liberators Of mankind, and to
claim as a right such an interference in their
behalf as their country cannot make without
adopting, justifying, and assuming the respon-
sibility of their acts.
There is one point Of view in which the pro-
clamation Of outlawry-if the Union chooses
so to consider it-by President VAN buren, and
President FILLMORE, was imperatively called