Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-08-30
THE CUBA INVASION.
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| VT" 10 TIE LAW AND TIE TESTIMONY THE I" sympa
zers with the late movements of Of countIymer
against the Spanish Government in Cuba very learned in
the law Of nations and quote vael and Webster with flip
pancy and confidence calculated produce podgious i'm
PRESTON Of course upon those who think that these modern
expoundsrs Of the JUS genum the only prophets and
that wisdom will die with them" The other evening in
the Park, Thomas Carr, Esq, but Familiarity known
Tom Carr offered series Of resolutions for the adoption
of the "sympa,hssrs" the scope Of which commit
those agreeing "the Of Cuban independence
to solicit contributions for the promotion Of that cause,
prove the expedition recently fitted out shores by
Lopez against province Of nation with whom is
peace and which it is bound by solemn treaty obga
tons and to condemn the conduct of Consul to that
province for protesting against the taken by the
Local Government in relation to the members Of that exped
ton captured while therein Besides all these things
the resolutions declared that Vae the great author Of the
Law of Nations and Daniel Webster, the eIpounde of the
Constitution had uttered sentiments (Which embodied in
the resolutions and Of which anon in favor Of such
OF conduct that pursued by the Cuban symPahzes
Now, we do not know whether {" the game is worth the
CANDLE but there may be among eowctizens
creduous deeply be deceived BY such
exposions Of the law Of nations those recently Promu
gated in front Of the City Hail. will waste some space in
looking into the little We do not suppose, how
ever the exposure Of the acy Of the learned law doc
OF the Park will have the effect Of preventing their repe
.ion, and their incubation in the shape of resolutions and
speeches, and newspaper columns. lie well stuck to is
good the truth" for purposes and obstinacy in
pessng in wrong very apt be mistaken by the short
sighted for 6rmness in vndcation Of the right Many
ago, when "Old Hickory" at odds upon point
Involving Of nations) with Mr. Monroe who then
ia the administration the General Government eIConsu
Cars friend, Vate together with other venerable
writers the branch Of law, turned up autho
rty against him. 81 don't d for Vate, nor for
Gro,ius for Pufsndor for you exclaimed the old
hero this is matter betpesn and Jim Monroe! And
SO in this The eIConsul and the eHCaptain of the
Empire Club may turn upon u.s. the face Of reutaton
Of their arguments, by citations from their authorities
and tell us they don't d for Webster or Vattel
and that this is little matter between them and Queen
Isabella But let what the law is.
In the first place, the 22d of February 1919, treaty
of amity settlement and limits between the United States
omerica and spain was concluded in the city Of Wash
ingon article the first Of which is in these words
There shall be firm and nvoable peace and sincere
friendship between the United States and their citizens and
his Catholic Majesty, his and subjects, without
exception Of persons or places
That treaty still exists and part of the law Of the land.
What says Va,tel
There another kind OF the law oil nauOns which au-
thors call arbitrary, because proceeds from the will
sent of nations States well individuals may acquire
rights aud obligations by express engagements, by
pacs and treaties there results from these conventional
law Of nations, peculiar to the contracting powers Vatte
Preface L. of N.
And again, says this elegant author in the Of his
perspicuous chapter On Treaties Of Alliance and other
public Treaties -
GAS the engagements Of treaty impose on the one hand
n
right To violate treaty is, then, to violate the perfect
right Of him with whom have contracted and this is do
him any injury" [Val,el, Book II, chap. III
What says Blackstone
Whstever contracts the king engages in, other power
the kingdom can legally delay, resist annul" Black
stones Com. vol !, p 257.]
And what says the Constitution of the United States
Why that treaty part of the law Of the land and, of
course all are bound obey it, and far they cam
execute it.
"I" saws the learned editor of Mr. Websters Diplomatic
and Official Papers-( Harpers ed. ls4s, p. l5,)-"f it
provisions which cannot be carried into effect without
legislative Poen, ca-e's.- .A.asA net ~osnPvabio
pass the law, is bound by high moral and political obga
ton do SO, and has omitted to do it's duty in this
respect"
And that duty has done in the matter especially under
our consideration There is the book Of the
United States entitled San for the punishment Of
tain crimes against the United States" approved April 20,
ls4s, two sections Of which we here copy:
Sec. 2. And be II further enacted That if any person
SHALL within the territory jurisdiction Of the United Sates,
enlist or enter himself hire retain another person
list or HIMSELF go beyond the limits jurisdiction
of the United States with intent to be enlisted entered in
the service of any foreign prince, state colony district
people, soldier, marine or seaman on board Of
any vessel Of war; letter of maque, prvaeer, every
son offending shall be deemed guilty Of high INSIDE
meanor and shall be fined exceeding thousand dol
lars, and imprisoned not exceeding three years"
Sec s. And be further enacted, That if any person
SHALL within the territory oursdcon of the United States,
begin foot, PROVIDE prepare the means for
any military expedition enterprise, to be carried from
thence against the territory dominons Of any foreign prince
state, of any colony district people with whom the
be deemed guilty Of high misdemeanor, and shall be
fined, &c.
We may well refer, while this law is before us, to the
opinion expressed by fourth Of these Park eIposos Of the
law that perfectly gratutous and eIra-ofcial act for
the President of the United States ntepose the naval force
of the country for the prevention breach of treaty with
friendly Power, and Of violation Of the law 1t
Mr. schaer, believe, who promulgated this notable die
t in front Of the City Hall but if he will take the trouble
to turn to section eighth of this law Of 1918, this Daniel
come to Judgment will that specially made lawful
for the President Of the United States such other person
he shall have empowered for that purpose to employ any
part of the land or naval forces Of the United States for the
taking possession of and OBTAINING any such ship
or vessel in order to the execution Of the prohibitions and
naltes of this act"
Now this the law Of the land against the law Of the