The republic., 1851-11-01

nations. lt Is nothing Ot all thls but II Is
something, in the Judgment Of its expounders,
higher and better. 1t is the inspiration Of ma
ture. 1t is special revelation to the newspa-
per oracle, vouchsafed in the blaze of attic gas
lights and the thunder of subtenanean steam
presses.
We have said that this is on some accounts
very convenient kind of law, and it is espe
cially convenient TO the maker and expounder
of it, for he is saved all trouble of research OF
reflection. He has only to say such is the law,
and law it becomes, good newspaper law, first
rate jurisprudence of journalism, for all practi-
cal purposes. But there are some old-fashioned
people in the country, who have little or no
faith in the judgments of this particular forum,
and who will rather inquire for the opinions
If Chancellor KENT and Chief Justice MAR
SHALL, as furnishing somewhat safer basis OF
authority than the spontaneous effusions of the
newspapers 1t is not impossible that there
are well-informed and sensible people who inn
agine that even Mr.. WEBSTER or the ATToR-
NEY GENERAL might be as we'll trusted to- as
certain and interpret the law.
But we will not longer detain our readers
from the law on the particular subject before
us, which has been promuged for the benefit of
Mr. WEBSTER and the Administration by our
New York contemporary:
"We do not expect the Government to declare
war, or take any offensive position on such
ground as this; but do expect that 1t will in
quire into the matter and take prompt steps to
prevent, as well as redress, wrongs that may be
~ axNA Ht1t ynfth he
Government, the moment Mr.. Thrasher was
assailed, to give the Cuban authorities distinctly
TO understand that he entitled to protection;
that he would receive it, and that he was not
10 be punished without trial, or against all civil
lied law An administration that cannot move
with rapidity enough for this-that cannot stir
towards protecting its citizens within six weeks
after their property has been destroyed-cannot
keep up with the spirit and expectations OF its
constituents. There's no need Of mystery about
the matter or of resort TO long -winded, round
about diplomacy in regard to it. Our Govern
ment has an agent at Havana for the express
purpose of protecting its interests and main
tanning its rights. Of what use is such an agency
iii American citizens can be treated as MIR. Thrash
er has been without interference or inquiry of any
sort?"
We have reason to believe that the case OF
Mr.. THRAsHER has not engaged the attention
# the American Government at al" and that
neither Mr.. THRAsHER nor any one on his be-
nalf has made any application, or communicated
my information, to the American Government
in the premises.
Further than this, at the time our contempo-
rary had been waiting for several weeks for
The tardy interference of our Government, we
ire not aware that any thing had transpired, on
The strength of which Mr.. THRAsHER or his
friends could call for such interference. Pre-
vious to his arrest, we are not aware that Mr.
rHRAsHER had any ground of complaint be-
yond the fact that he had been prohibited from
publishing his newspaper. This, we appre-
bend, is matter exclusively of local regula-
lion and control. The SPANISH authorities, we
presume, are the sole judges whether or not
they will permit their own subjects, or Ameri-
can citizens domcied within their jurisdiction,
10 print newspapers. Whether or not this is
.lawfu' business in Havana, against the as
sent of the SPANISH government, is question
TO be settled by the usual course OF SPANISH
and not of AMERICAN law. The Federal Ad-
ministration has no more to do with the censor
ship of the Spanish government over the press,
Jr Of its licenses or prohibitions In the news
| paper business, than it has to do with the in
/ Identification of Spanish subjects domiciled in
LOUISIANA, whose property was destroyed in
the city of New Orleans.
1t has been only since the receipt Of the in
elligence published in New York on the 25th
A ha.
scssed even newspaper information of any case
calling for governmental interposition. We do
not now learn that Mr.. THRAsHER has been ar
rested and detained, either on his own state
ment or communication, or any other statement
or communication to the Government, but on
anonymous Havana correspondence of news
| paper. Being thus arrested and detained as an
| American citizen he is no doubt entitled to the
| interposition of the American Government to
secure to him all the rights which are guaran-
| teed TO him within SPANISH jurisdiction by our
| treaty stipulations. He is entitled to claim
| that his arrest and detention should be "made
and prosecuted by order and authority law only
| and according to the regular course of proceed
| ing in such cases; )" and he is entitled to EN-
| ploy such advocates, agents, and notaries as he
may Judge proper in his affairs, and in his trials
at law, and such agents are entitled to free ac-
cess to be present at the proceedings in such
trials, and at the taking of evidence to be used
on them.
| We have no doubt that the Administration
| will take the best care that no American citi
zen suffers wrong at the hands of SPAIN, or o.
any other power. But it will hardly under
take, we apprehend, to enforce AMERICAN law
within European Jurisdictions, or to interfere
with the local police regulations of foreign de
pendencies 1t is none Of our business whether
the CUBAN authorities license or prohibit tht
publication Of newspapers; and it is no grount
of complaint if they deny to an American citi
zen privileges which they refuse to their owl