The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-11-06

Lean OF the Supreme Court The persons engaged III the
Cuban affair are denounced as 'pirates and outlaws"
and the organ Of the administration Is vastly gat6sd be-
cause Mr. Justice Mclean susans the unfortunate proc
lamation which sent Crenden and his companions 10
bloody grave aud il speaks with wonderful fppancy.ss
il mere dicum from such precluded all sTgu-
men and made il act Of mperlnencs for one OF the
people TO refuse his al We are not OF hose
who follow blindly in the footsteps OF another When
question OF importance arises, we examine II Tor our
selves; and. while pay much respect to the opinions
OF ement men, yet accept their conclusions only
when we are convinced by their arguments. We have
studied the constitution Of the United States and read
with attention the history of its formation yet we do
not feel that wanting in respect to Mr. Mclean
when we refuse give the government that consolidated
character which he contends for, to embrace those
anti slavery sentiments which he entertains.
Leaving out Of view the fact that piracy can only be
committed the high seas and considering It az crime
which may be committed anywhere, still we must pro-
test against the position assumed by Judge Mclean.
We would have been better satisfied ii he had
degned to give argument to sustain the whole
sale justification he has given Of the slaughter OF Ctsen-
den and his companions-- he had pointed 10 some au
horty show that they had committed an act OF piracy
General Taylors proclamation did not pretend that the
piracy. Neither General Taylor Mr. Fillmores ad-
mnisration pretended that the engaged in the Car
denas affair would be proceeded against pirates.
Whatever may be said OF the attack Cardenas. no
one believed that those who engaged in il aciuated
by the black purposes Of robbers and pirates The gov
eminent itself discarded such suppostion, and pro-
ceeded against them under the law of 1918 alone. That
law is also cited by Judge Mclean the lav applicable
/ ond Mi IN mis-
The sixth section makes it midemeanor, punishable By
fine and Imprisonment, to set on foot, OF provide the
means for setting on foot. military expedition against
nation with whom at peace That ia equiva-
lent to declaration that il IS not felony pvnishobe
Nth deo TO set on foot provide the for setting
on foot. such expeditions It to therefore. 10
be perfectly clear that Judge Mclean and the other sup
poers Of the Presidents proclamation have destroyed
their position by urging the law OF 1918 in jus6
cation of the eotsto citizens without respect
ing the requirements OF the constitution legal pro-
cess II may be said, however, that armed oganiza-
ton may only violate the law of 1918, but, after
having violated that law, it may commit acts which
amount to piracy. Judge Mclean intimaes as much !;
but he to forget that the lesser offence would
be merged into the greater, and that the act Of
1918 would cease to apply when the law defining
and furnishing piracy and felony on the high
should become applicable. We do understand that
Judge Mclean urges in his charge to the Coum-
bus grand jury that the Cuban adventurers committed
any offence within the jurisdiction of the United States
which would justify the appeation Of "pira.es and
laws which the judge applies 10 them 1.-The does urge
that point, then the law itself gives him plain and fiat
T" contradiction. We have several times quoted the
authority OF Mr. Webster for saying that who join in
the contests and revolutions Of foreign States cannot b
properly stigmatzed piraes and no one has at
), tempted TO the CONVINCING logic of his letter to
W.T. TUX, Dfitisn Minister relative to the Canadian
troubles II seems clear that they who dcnounce the Gu
ban adventures as pirates charge that the descent
Cuba was an act of piracy and dictated BY hoss
base and black passions which necessary to constitute
piracy. Does any believe thai, Does any one en-
terrain the slightest idea that the Cuban invaders intended
murder and robbery and that they were instraed BY
felonious purpose No one-not even Judge Mclean
himself for he Gays explic,ly They were induced TO
believe tina, considerable portion of the people Of Cuba
were in arms. with the determination to overthrow their
government" This admission settles the question and
takes away every suspicion OF piracy. even If such sus
PIGEONS entertained by any who was not misled By
partisan feelings.
10 the eagerness to defend Mr. FImores indefeusibe
proclamation, and justify the execution OF Crit,enden
and his companions the wings have cited the execution
OF Abuthno, and Administrations pleading precedent
which they have loaded with execraon The federal.
have ceased 10 abuse General Jackson for that
Transaction and ye, they have brought forward a. JUS
thca'ion OF Mr. Fillmore and the captain general Of Cuba
The immortality OF such conduct so apparent that we
did not see the necessity of exposing bu, now as Judge
Mclean, who jastihes General Jackson's course urges
the execution OF Arbuthnot and Ambrster as precedent
Tor the Cuban authorities, will briefly expose the
, error which has been committed Arbuthnot and Am
were not engaged in regular war; nor were they
engaged in an attempt 10 create regular war. They
were herdng with Indians, and stimulating them TO mas
sacre and murder the whites The savascs do not en-.
gage in war il is understood by civilized nations
They dig up the tomahawk without notice and they use
the scalpng knife the babe in its cradle az well as
the warrior on the battle feld. Judged by civilized
rules, every Indian inroad is piracal expedition The
savage commits murder ofiner than he kills an enemy
on the battlefield He spares neither age, ser. nor
dtion. but strikes whenever he can strike with safety
II the Indians considered nation, and the laws
OF war enforced against them. the gbbet would b
the end Of every prisoner Arbu,hnot and Ambristsr
were civilized men, and civilized they were Justly
held answsrabe for the crimes they had committed. and
the crimes they had induced the Indians to commit They
| had acted spies movements-an offence which
all codes punish with death; and they had urged the
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