The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-30

| power OF lew hundred, or a lew score, OF
generous sympathizers" to involve us at short
notice in war with SPAIN, or ENGLAND, or
MEXICO.
By the universal law of the world, "individ-
uals have no right to commit acts of hostility,
except in self-defence, without commission
from the proper authorities, and are liable to
be treated as robbers and pirates if they un-
dertake hOstilities on their own responsible
= ity." This is an elementary proposition of
national law, and thus stated in the very pOpu-
lar Encyclopedia of Professor LIEBER, him
self distinguished publicist, and assisted In
this department of his valuable work by the
most distinguished jurists of this country. Men
who engage in these expeditions are liable TO
such law as they may find within thejurisdictions
in which they undertake to pursue them. We
might as well attempt to disprove the multiple
cation table, as to establish any other PROPOSE
ton in this behalf. No nation ever agrees by
a treaty of peace to embarrass itself in the en-
ployment Of such means as it may deem indis-
pensable TO self-preservation in time of inva-
sion and war. SPAIN could not be at war and
at peace with the same men at the same time.
She was at war with men who had invaded
her soil with an armed force for they could
hardly carry the sword in one hand, and hold
up treaty as their shield in the other.
We had a treaty with MEXICO, embracing
the same provisions that are Incorporated in our
treaty with SPAIN. Indeed, we are inclined to
think them even more comprehensive and
stringent We annex the l4lh article of our
treaty of 1881 with MEXICO, that our contem-
porary may Judge for himself
"ARTIcLE XIV.-Both the contracting parties
promise and engage to give their special protec
ton to the persons and property of the citizens of
each other, of all occupations who may be in their
territories subject to the jurisdiction OF the or
{ of the other, transient dwelling therein; eav-
ing open and free TO them tho tribunals OF justice
for their judicial recourse, the same terms
which are usual and customary with the natives
or citizens of the country in which they may be-;
for which they may employ, in defence of their
rights, such advocates solicitors notaries agents.
and factors they may judge proper in all their
trials at law; and the citizens of either party, or
their agents, shall enjoy, in every respect, the
same rights and privileges. either in prosecuting
or defending their rights of person of property,
as the citizens of the country where the cause
may be tried.''
When our citizens rushed with arms into
| TEXAS in 1886, they were at least as we'll en-
titled to the protection of our treaty with
MEXICO, as the invaders of CUBA were entitled
to the protection of our treaty with SPAIN.
! When Bexar was taken by the MeXcans under
SANTA ANNA, the entire garrison, saving only
one woman and negro boy, were put to
death. A few days afterwards Colonel FAN
MING surrendered with $50 Texans, among
whom were many citizens of the United States,
who were massacred nine days after their sur
render, six only escaping. We would ask our
contemporary of the Union if General JACK
SON regarded these acts as infractions of our
treaty with Mexico, because there were no
solicitors, and advocates and notaries en-
ployed to give these unfortunate men the
benefit of trial before the judicial tribunals
| General JACKSON was little likely to be
guilty of any laches in matter of this kind
He would have been very apt to hold MEXICO
to strict accountability for any violation of
her treaty with the United States Does our
contemporary intend to impute negligence or
indifference in this behalf to General Jackson
or will he admit that, by the violation of our
treaty of amity with MEXICO, these men had
severed themselves from It's protection, and
could not at the same moment be engaged in
war and. claim the protection of compact of
peace
| We ask these questions with the more conf
dence because we believe at the time in ques-
ton our esteemed contemporary occupied rela-
tons of especial confidence towards General
JACKSON, and might well have called his at
tention to the somewhat peculiar views of in
ternational obligations which he seems now to
entertain. Did General JAcKsoN's private
secretary invite his consideration of the infrac-
ton of the fourteenth article of our treaty of
MEXICO, involved in the slaughter of the Ala
mo, and the massacre of Colonel FANNING's
commando Or did our contemporary gain this
new light upon international law during his
diplomatic residence at Vienna and Berlin?
| President FILLMORE, in his proclamation,
declared the law of nations, and the will of the
American people. He announced the inevita-
bic and memorable result of the LAW When
In spite OF his timely warning and earnest pro-
hibition the misguided and unfortunate fol
lowers of LOPEZ engaged in an unlawful
enterprise, and were shot or captured, he
resorted to the promptest measures of interces-
sion in behalf Of the survivors. Though they
had forfeited their claim to the protection of
their Government, he at once, with the anxiety
and solicitude natural to a kind and humane
disposition, interlered in the only way in which
interference was practicable, by an appeal to
the humanity, the lenency, the magnanimity
OF the Spanish government. To these considera-
tons, and to the opinion of the world. SPAIN may
YIELD and our Government will have the sym
pathies and kind offices of other nations in in
terposing such claim on such grounds. But
all nations would resist. and ought to resist,
any attempt to coerce SPAIN into an abandon
ment of her right Of self-protecticn; and until
the United States are prepared to abandon this
| right in their own case we hone that they will