The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-11-08

"
authorities. or by presenting argument, do not
that we lrangess III bounds OF the modest prop
ely by dissenting from that declaration. and giving the
reasons OF our dissent We not that either the
theory Of or the public sentiment Of the
American ople requires that should bend to the naked
authority OF Official station without scratnzing It's acts
or commenting on lis conduct. The wing press, we
know. has exered itself most srenuously to surround
wing officers with an air of sancly; and the Republic
has more than once complained because the democratic
press has commented freely the acts Of in aahor
ity But as "erimen ias9 mag,s,aits' is not offence
known to our laws, and as The alien and sedion laws
have been repealed, venture, when The occasion
quires express opinions although they may diff
fer from the opinions Of men in office; and more
especially do we feel bound take this when
we official opinions promulgated which invite the
illegal slaughter of citizens.
Long before we knew anything OF Judge McLeans
opinion wesought to inform ourselves to the law ap
picabe to such OF citizens might be induced by
the repor, OF outbreak in Cuba TO go that island.
We did this before the departure of the Pampero with
Lopez and his followers Knowing that Mr.. Webster was
Secretary of State and that he distinguished for his
eminent, legal attainment and for his knowledge of inter
national law, naturally endcavored TO possess
W
those views, contained in the Mcleod correspondence,
before the public, expressing the belief that the
received during the month of July would induce many OF
citizens to make their way Cuba Our purpose
shield such persons from the just consequences OF
their acts but shield them, if taken prisoners from
arbitrary and wrongful violence. We knew that the
Presidents proclamation, issued in advance. would
have the effect of inviting the slaughter OF any who
might go in aid OF the reported Cuban outbreak /;
and we the wing press urging their destruc-
ton in words still pointed and explicit Our duty
to say nothing of common humanity, prompted us TO
oppose this cry for blood, not only by presenting such
arguments as occurred to feeble minds, but by pre-
senting the views Of him whom the President has in
trusted the management OF foreign relations AS
early as the first day Of August held the following
language:
ing wing journals incucae the idea that any American
citizen, any body OF American citizens, who have gone
may Cuba in order assist the revoutionists
pirates under the laws Of nations This is mistake.
and which ought be corrected for may do great
injury those whose and generous feelings would
urge them to assist the Cubans.
/ "The law Of 1918 makes it msdemsa~or to organize
and set on foot TO prepare the means for organizing
setting foot within territory, a military expedition
against the possessions of any nation with which
at That law is binding within marine league
from COAST IurtneF than tnaf IL force
virtue, and cannot be rightiuy executed 1t is mistake
suppose that the law OF 1878 ope-
ration than statute of the United States 1t a
take to suppose tina, 1t is declaato of
law. On the contrary, il limits and ccumscribes the
| principles OF International law.
1--WE have venured be thus specific because we be.
lieve that American citizens have been induced by the
recent news from Cuba 10 make their way that island
and because the Secretary of State is absent Washing
ton, and the President Secretary Interior in
tend to leave the city Monday II the idea should
be entertained by British French cruisers that
citizens attempting reach Cuba, in order aid the
break deemed pirates by the government OF the United
Sates toe most lamentabe consequences mi ght ensue
We have therefore spoken with decision point ad
hitting that any organized expedition from shores
aid OF tho Cuban patriots contrary to a1-admng
that the Spanish forcs may deal with them they may
hink ft-but coniendng that they guilty OF offence
which will allow British a French, a Russian
cruiser modest them They lose their right OF protection
as against Spain, bui ~ no other rsspecf"
These remarks were followed BY quotation from Mr.
Websters leer,o Mr. Fox, and they were made before
the sailing Of the Pampero and they prove that we fore.
saw the lamentabe consequences which would result,
from the attempt to fix the crime OF piracy upon the Gu.
ban invaders. The bloody fate OF Criilendcn and his
followers has fully verified lorebodngs. Had those
been taken fogrann daeeto, and executed by the
Spanish soldery, one could have complained Had
they been taken at any point within the Spanish jurs-
portion of the invading force, they could have de-
moaded the interference OF government to rescue
them from the penalties OF the Spanish law, however
criminal government might be in refusing TO inter-
fere. That law might have condemned them to death,
but il could not make them guilty OF piracy.
This brings us back TO Judge McLean's assertion that
the Cuban invaders piraes-an assertion which the
Rep~be seems TO think cannot que son without being
impairment a pirate is robber and piracy is the
act OF robbing on the To kill on land or 10 rob
on land. may be murder robbery, but not piracy
Tor that crime cannot be committed on land any more
than burglary can be committed in the day time II has
been intmaied tina, the Cuban invaders committed
any oAvnce the high They committed a miad,.
manor within jurisdiction by setting on foot an
armed expedition against Cuba. and they took the lives
OF spanish soldiers the battle field bat that was not
piracy We admit iha, II would have been murder under
spaaish Law. being granted tina, there was no org an
zcd revolution Sufficient to Justify the which
the law makes between the death which is justified by
war and that which Is the result OF individual crime
The intention w,h which deed IL done ia the main fact
10 be considered judging OF the legal character OF the
deed Homicide without malice IL no, murder. From
the necessity OF the case, the law will presume malice
from certain and IT mus, pronounce ts judgment in
every particular csse,
The Cuban invaders went TO Cuba in defiance Of the