Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-09-08
"The Law and the Test nlony."

I
1.-THE Law and the Testimony"
The attempt, which certain democratic
presses are making, to misreprescnt the
conduct OF the Administration, in regard to
Cuban affairs, and to produce the belief
that il is hostile TO the independence Of the
Island, and the adoption there ola Re-
publican form of Government, is a striking
proof of their inability to adduce real and
just cause ofcomplaint, against the official
course Of the present Executive. No man
having any knowledge of the obligations
imposed on the President, by the Consti-
tuition, the laws Of Congress, and the trca-
ties into which the Government has enter
ed, and possessing a proper sense Of the
solemn character Of those obligations, can
do otherwise than applaud Mr.. Fillmore
for the fidelity and firmLcss, with which he
has discharged his duty.
The plghted word ola nation should be
held as sacred and inviolable as that of an
honorable man-and more SO, if possible
because of the magnitude of the conse-
qucnccs, which may result from its inirac-
ton. A nation that would disregard its
own deliberate treaties, would forfeit the
respect and confidence of the other pow
ers of the earth, and show itself ready to
violate its own constitution, whenever
tempted. The theory that would tolerate
an avoidance Of law, whenever sympathy
or revcngeful spirit prompted it, is the
principle for avowing which, Seward has
covered his name with infamy. If the
President had failed (by his Proclamation)
to warn the people of this country against
engaging in the wild and suicidal scheme
for conqucring Cuba, and had neglected to
use the powers of the Government to pre-
vent them, he would not only have violated
his duty, but would have become respon-
siblc, morally, for the death of the unhap-
py men who have fallen victims to Spanish
vengeance. That the reader may see how
clearly the duties Of that high functionary
are prescribed, we ask his attention to what
follows.
The New York Express, in an article
reviewing the proceedings at the Park
meeting in New York, and the arguments
of certain speakers who addressed it, in
justification of the invasion of Cuba by A
mcrican citizens, publishes the following
series of extracts from the laws of nations
and the Constitution and laws Of the Uni
ted orates, ~~L:-L NO transfer to our
columns for general information:
"Tn the first place, on the 22d ofFcbru-
airy, 1919, Treaty of Amity. Settlement,
and Limits between the United States of
America and Spain, was concluded in the
city of Washington, Article the First of
which is in these words:
There shall be a firm and inviolable |
peace and sincere friendship between the
United States and their citizens and his
Catholic Majesty, his successors and SUBJ
jects, without exceptions of persons or
places"
That treaty still exists. and is part of
the law of the land. What says Vattell
"As the engagements of treaty impose
on the one hand perfect obligation, they
produce on the other perfect right To |
violate a treaty, is then, to violate the right
of him with whom we have contracted,
and this is to do him an injury" TVattel
Book IL, Chap. ~
What saws Blackstone1
Whatever contracts the King engages
in, no other power in the Kingdom can
legally delay, resist or annul." Black
stones Com. Vol. l. p. 257.
And what says the Constitution Of the
United Staicsl Why, that Treaty is
part of the Law of the Land, and, OF
course. all are bound to obey it, and, so
far as they can, to execute ii. "If," says
the learned editor of Mr.. Wcbstcr's Di-
plomatic and Official Papers (Harpcr's
cd 1913, p. WHIT contain provisions
which cannot be carried into effect " ithout
legislative provision. Congress, though not
compellablc to pass the law, is bound by
high moral and political obligation to do
so, and has never omitted to do lis duty in
thus respect" And that duty it has done
IN the matter especially under our consid-
Grafton. There is law on the statute
book of the United States, entitled
"an act for the punishment of certain
crimes againt the U. States" Approved
April 20, 1913, two sections of which
we here copy:
"SEc. 2. And be it further enacted,
Tha, If any person shall, within the terri
tory or jurisdiction of the United States,
enlist, or enter, himsclf.or retain ano,herpcr
sou 20 enlist or enter himself, or to 90 be-
yond the limits orjurisdictiou oflhe United
States, with intentt to be enlisted or entered
in the service Of any foreign prince. state,
colony, district or people, as a soldier, or
as marine or scamen on board Of any
vessel OF war, letter of marque, or priva-
tecr, every person so offending shall be
deemed guilty Of high misdcmcanor, and
shall be fined not exceeding one thousand
dollars, andnprisoned notcxcccding three
years.
"s'Ec. G. And be it further enacted,
That ifany person shall, within the terri
tory or jurisdiction of the U. S. begin or set
on foot, or provide or prepare the means
for any military expedition or entcrpriscto
be carried on from thence agains, the terri
tory or domains ofany foreign prince or
state, or of any colony district or people,
with whom the United States are at peace,
every person so offending shall be deemed
guilty of high misdemeanor, and shall be
fined" &c.
We may as well refer, while this Law
is before us, to the opinion expressed by
fourth ofthese Park expositors of the law,
that it is perfectly gratuitous and extra
official act for the President ofthe United
States TO intcrposc the naval force Of the
country for the prevention of breach ola
frenfu with n friendly no,ycr and a yiola.