The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-05
CITY OF WASHINGTON.


the British government that President Fillmore would
operate with the cabinet OF England In promoting pol
icy which would "prsserus the permanent UNION e~o"
trh The CroVa of Spain !" and we presented lew gen
era remarks showing that this expectation would not DC
without foundation if the army, navy, and militia oil 'he
United States could by existing laws be employed to arrest
and capture without judicial process not only "h'n our
jurisdiction land, but the high seas wherever found
all persons seeking the shores OF Cuba With The intention
Of aiding The OF the revolution which has broken
out in that island II we parties to the Holy ALI
ance of the crowned heads OF Europe, such an employ.
ment OF our national power would be out repetition oil
what was daily done that continen. to put down by
force all attempts o the people 10 free themselves from
desposm. The Emperor OF Russia kept three hun
bred thousand armed men the frontier OF Germany
and Austria TO prevent the assistance which would have
gone from Poland and France 10 the relief OF Hungary,
and TO enable the army OF Radetsky perform the same
service in Italy, and crush King who had had the temey
to accept constitution voted by his subjects According
to the code OF those nonarchs all the revolutions OF 1913
praees. and it was their common duty to crush and
punish them But on this continent different standard
of political responsibility has been set up, and We main
tain both practice and theory which will never array
the power of the United States the side of efforts 10
uphold systems which deny the right OF the people TO SELF
government With both the constitution and the laws
rest upon principles which leave to every community
the sacred right OF determining for itself the form OF
government the hes, calculated its happiness
Non Intervention is our moito-non-interyen,ion moi
merely as theory bu, as an action which where
opposition menaces and seeks to undermine the moral
considerations on which its depends Hence
in the Hungarian and Italian struggles il they had been
AZ N World he nter Of
would not only have received our denunciaon,. but
would doubtless have been opposed with our arms.
But whilst such are principles which will prevent US
from adopting line of policy that will find Us dope
rating with the power Of Europe, suggested by The
London Times, "in securing the permanent union of Cuba
wi.A the Cropn of Spain" it does follow that
to be charged with disposition TO disregard our treaty
obligations, and connect our national influence and force
with any revolution which may occur our borders
We simply alIsge that our constitution and laws fix
our International position in favor of the rights OF the
people, on grounds which are not be assailed by tie
opposite one which prevents all revolution, and enables
existing governments 10 league together and their
common force in the protection OF dcsposm. We alege
that the legal restraints imposed people were
intended 10 make them passive spectators OF those
struggles which authorized by the laws Of Nature in
they do not confer, and were intended TO CONFER
absolute power the par, OF the President or any other
officer, to arrest under all circumstances, those who
may be prompted by their enthusiasm to take part in
those struggles Were this so, constitution and laws
would leave less free TO defend the principle OF repub
icansm than the despotisms OF the Old World
sail it.
According 10 views OF the subject, the trainers
1
of our constitutions in limiting the powers OF govern
men intended leave the voluntary action OF the peo-
pie all the scope that not inconsistent with those
principles OF or.er and security which are generally rec
ognised by the good sense of mankind; and in ref
erence to contact with foreign powers, the limita-
lions Of the constitution TO be construed, as in our
domestic transactions in the which favors the lib.
ery OF the individual.
Let il not be inferred therefore. that we seek to evade
our treaty obligations with Spain, 10 get clear of the
existing provisions statute book making IT illegal
TO 6 out armed expeditions within territory against
friendly nation
| From the beginning have admitted the binding
force OF the law of ISIS and we have always urged
that il the duty OF the Executive to use it's
best exerlions to execute that law. But we protest
against plain and papable violation Of the constitution,
under the plea Of pretended adhesion 10 law. The
constitution of the United States is the supreme law Of
the land There sanc,ty about and around each and
every provision of that constitution which of Con-
gress have. We CONTEND therefore. tina, the
statute OF 1915 like every other statute must be construed
with reference TO the provisions OF the constitution 1t
be supposed that Congress intends any OF its
acts to violate the constitution. This principle requires
that sach Interpretation be placed every enactment
as will reconcile it with the fundamental law
The constitution says expressly that person shall be
deprived OF life liberty, property. wilou due process
Of Law" What is the meaning of this expression "wh-
out due process OF law " The constitution answers the
question in the fourth amendment, which says:
This right OF the people be in their PERSONS
houses, papers, and effects against unreasonable searches
and seizures shall be violated awd shall
issu but upon probable cause suyportsd by oath afr
nation, and particularly describing the place be
searched. AVID the psrsons things to be aizsd." F.
Here, them have the distinct declaration OF the
stuon that no citizen shall be arrested without due
process of law, and that warrant OF arrest shall be is
sued but on oath affirmation. supporting probable
Of arrest and specifying particularly the persons
be arrested. HE@ #eU H.t-t43E
The eighth section Of the constitution conhdes to Con-
gress the power to provide for calling forth the mill
tia TO execute the laws of the Union. suppress insurec-
TONS and epe invasions In obedience to this provis-
on and ha, which constitutes the President commander
n-chef OF the army and navy Of the United States. Con