The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-06

the powers assumed but it authorizes simply s.,,,,
and detention OF ship or vessel in the three enums,.
ted cases
l. Where such seizure and detention are necessary
enforce the provisions OF the act. aneceden proyo,
OF which act would authorize the seizure Of The .h;.
but simply the punishment OF the persons BY 6ps -,
Imprisonment which OF course presupposes ludc. mo
cess TO enforce which process the vessel having the v
parties on board might be seized md detained to, a. ~
jurisdiction Of The United States. in order to the execuo
OF the act by the OF the persons on board ~,
for this purpose there would be power to sezs ,o1
detain vessel on the high seas with view to ara.
parties, out of the jurisdiction Of the United St,,..
against whom judicial process had been issued a.
could be legally served at sea II issued.
q Where the object OF the seizure is 10 restore m,
taken.
g. Where the seizure and detention to prevent The
expedition from being carried from the territory ot
the United Sateshat u.s. to detan the vessel before aha
leaves the territory OF the United States for such uu
pose But Congress never n.eant to allow, under The.
terms the power to arrest and seize ship on the hiyh
seas WITHOUT process. The power is all the time 10
"seize and dstain" implying a dstainer in the United
States. and not seizure on the high seas.
Again no one seize and deain such ship but The
President, or such person as he shall authorize
This high and delegated power, requiring, to ,hs
validity OF its exercise that the President his deess
shall specially order the seizure and detention OF namsi
ship vessel The President cannot confer on the eap
tains Of cruisers the judicial power OF taking 10
and OBTAINING any vessel they, or any Of them. may
think engaged in hostile proceedings Conceding their,
fore, for the sake Of the argument, that vess.
may be seized and detained on the high seas. (Which
utterly deny yet is necessary that special od.,
shall first issue for her seizure from the President or biz
delegated agent for that purpose, naming and decrbins
the particular vesse for it the duty OF the President
his delegate, to decide upon the sueieney of the cau
alleged for her seizure and this decision must be upon
the special circumstances OF each case and cannot be d
egaed to naval officers. to be exercised on the sea- without
proof or formal complaint by the seizure OF suspicious
vessels The 10th and 18th sections are Who'll " inapp
cable to the at ISSUE II is therefore manifest thai
fthe President has undertaken seize ships on the hsh
seas with view to destroy American interference with
the Cuban revolution he has usurped powers and CON-
mued most fragrant and wanton outrage
If this be American doctrine, then Spain requires no
fleets of her own TO guard this oppressed island from
expeditions fitted out here but ii is the duty OF our soy
ernment to grdle this unfortunate island with our shin
and protect the Queen property instead of letting Ii.
Queen protect it herself How ridiculous and absurd
such pre,ension
In conclusion. we must express the hope that soma true.
hearted American statesman WILL at the next session
Congress, move the proper inquiry into the whole sub
ject, and test the construction Of the law Of 1919
which the President must adopt in assuming to u.
rest under the circumstances stated. The statute wu
founded on policy begun in 1894, when we wei.
young and feeble, to propitiate the mighty mou,,.
chies Of the Old World, and prevent their comb.
ming to extermlnate model republic. as dangerous
to their possessions and dominons Let US be At least
free to do what monarchs daily do Look at Russia ia
terfering 10 subdue the noble Hungaians Look Il
France marching the patriots Of Rome Look u The
Hbusero expeditions which have been fitted
outin English ports against other nations with which Fog
land was at peace Look at these thngs and while our
government remains passve, unlike the monarches which
become aeive to subdue liberty wherever it may Be-
srugg ling. at least let citizens be free on their own
responsibility, and at their risk, hazard thar
lives and fortunes in behalf Of oppressed humanity