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

Our Position ON the Cuban Qusstloa nued
We were about TO proceed with this subject, and enter
more minuely than had done into the application Of
the provisions Of the law of 1918 10 the duties and
of the President, when we received from disn-
gushed member Of the bar at Baltimore communication
which accompshes our purpose in clear and satsfac
tory We adopt the writer's views and language
as our own, and commend them to readers the
emanaton Of mind whose legal ability and patriotic
and anxious solcitude for the peace and honor Of the
country are unquestonable We offer it to readers
as the completion Of the analysis which we felt bound
to make OF our relations with Cuba after the suggestion Of
the London Times that President Fillmore might coop
with the governments Of Europe in maintaining the
union Of Cuba with the Crown OF Spain and after the
raordinay annunciaon that orders had been given by
the President TO naval commanders to seize the
high those OF citizens who seeking the
shores of tina, island take part in the revolution at
tempted by Lopez.
The administration and ba-Usurpation of Popr by
the EIscuttUs
The National ntelgencer OF September Sd states that
the Saranac and Vixen, on the coast OF Cuba,
will remain constantly at sea on the lookout for and ,gh
posue orders TO intercept and capture. any vessels from
The United States engaged in illegal proceedings against
Cuba and their attention will be especially directed TO the
oapturs of the Pampsro"
If this authoritative announcement be true, under
take show that President Fillmore is attempting to
perpe,rate atrocious outrage upon the rights Of Amer
citizens and at the same time usurping powers above
the constitution and laws
Whence does our government derive its power 10 in
terere with volunteers 10 fight the battles OF freedom in
other lands' From the &C, Of Congress alone which
passed on the goth Of April. 1918. (chapter So
There is no other act OF Congress in force, and
therefore to refer its provisions exclusively for the
evidence OF the Presidents authority TO interfere in the
affairs Of Cuba.
II will be plainly seen from examination OF this act
that, after vessel shall escape from Of our ports and
reach the open sea, there is power in the government
to seize her because she is about land hostile
expedition in Cuba or elsewhere.
The material sections OF this act are the 3D. 9Th sth
10Th, and lllh. which we will briefly review.
The Sd section inActs fine and imprisonment on any
person who SHALL tciin the limits Of the United States,
"be concerned in the fitting out and armng furnish ng
any ship or vessel with intent that such ship vessel
shall be employed in the service OF any foreign prince,
State people, &c. to cruise commit hostlities against
any foreign PRINCE State. people, &c., with whom the
United States are al peace" sc.
This section does not apply at all TO expedition fitted
out to asss, portion OF the people in foreign State
revouonize their government; and il II did apply, it
does authorize the seizure arrest OF the vessels en-
gagged in the expedition.
The 9th section is more in point, and Furnishes by fine
and imprisonment any person who shall begin set
foot viin the territory of the United States pro
vide prepare the for, any military expedition
enterprise to be carried from thence against the terri
tory domlnions OF any foreign prince State people,
Sc, with whom The United States at peace"
The only penalty here inflicted is OF personal cbarsc
foot an expedition mithtn the limits OF the United States
10 be carried from thence; but here is no granted
power the vessel and munitions of war
or even the engaged while afoat on the high sea.
The only remedy s by criminal osecuon in the United
States courts against the persons violating the law
The sth section declares that in every case under the
provisions Of this act sit shall be lawful for the President
or such person as he may empower for that purpose
employ such part Of the land naval forces. or Of the
militia, for the purpose Of taxing possession of and deoin
ing any such ship vessel nth her prize or prices
any IN order TO the ereeuion Of this act and TO the reor-
ing ne prize prizes in the in which restoration
shall have been adjudged. and also for The purpose Of
preventing the carrying Of any ssoh expedition
erprse from the territories jurisdiction OF the United
| States" Sc
This, suppose, is the section relied csnerrns