The republic., 1851-09-10

Administration cannot stand upon the principles
ofthe message, it does not expect to stand at ALL
[DAsrEL wEBsTER's Letter to the Union Meeting
at Westchester.
The Recent Instructions OF the President
to our Naval Forces
We considered day or two since the CEN
sures that have been cast upon the Admins
tration, for the language employed in the
PRESIDENTS proclamation descriptive of the
legal character and consequences of expeditions
fitted out by individuals, without commission or
flag, against nations or the subjects of nations
with which their own country Is on terms of
amity. We demonstrated. on authority that is
not to be shaken, that all such expeditions, by
the civil law, the law of nations, and in the
contemplation of our own judicial and Execu-
tive departments, can be regarded only as ad-
ventures of robbery and plunder, however
elevated or apparently pralseworthy may
be the motives of the persons engaged in
them. And we yesterday stated the fact
that the PRESIDENT had made application
TO the SPANISH minister, in view Of the fate
of the recent expedition of LOPEZ, and
in addition to similar application to the
SPANISH authorities in CUBA, to deal merciful-
ly with the deuded young men who had been
seduced into this criminal adventure under the
belief that the people of the island were al
ready in state of revolution, and desired as
sistance to establish republican form of go
vernment.
1t is our present purpose to consider another
ground of assault upon the Administration, pre-
dicated upon its recent instructions to the com
manders of our public ships, to look out for and
intercept any vessels from the United States
engaged in illegal proceedings against CUBA,
and to direct their attention particularly to the
capture of the Pampero. 1t is contended by
the Opposition press that the exercise of such
authority is usurpation by the PRESIDENT,
and that ''after vessel shall escape from one
8 of our ports and reach the open sea, there is
no power in the Government to seize or ar
rest her because she is about to land hostile
expedition in CUBA OF elsewhere"
For the more correct understanding of the
point in controversy, it will be necessary to re-
print so much of the law of 1918, ''for the pun
ishment of certain crimes against the United
States" as relates to this particular subject:
"SEc. 8. And be ii further enacted, That in every
case in which vessel shall be fitted out and armed
or attempted to be fitted out and armed, or in
which the force of any vessel of war, cruiser,
other armed vessel, shall be increased or augment
ed, or in which any military expedition or enter
prise shall be begun set foot contrary to the
provisions and prohibitions of this act; and in every
'case of the capture of ship vessel within the
jurisdiction protection of the United States
before defined, and in every case in which any
process issung of any court the United States
shall be dsobeyed resisted by any person or per-
sons having the custody of any vessel of war,
cruiser, other armed vessel OF any foreign prince
or state, of any colony, district, or people, or
9 of any subjects citizens of any foreign prince
. or state, or Of any colony, district or people, in
every such it shall be lawful for the Presi-
dent Of the United States, such other person as
he shall have empowered for that purpose, to en-
'ploy such part of the land naval forces of the
United States, or Of the militia thereof for the
purpose Of taking possession Of and detanng
any such ship or vessel, with her prize prizes,
if any, in order to the execution of the prohibit
tons and penalties of this act and to the restoring
the prize prizes in the cases in which restora
ton shall have been adjudged, and also for the
purpose of preventing the carrying on of any
such expedition enterprise from the territories
cor jurisdiction of the United States against the
territories or dominons Of any foreign prince or
state or of any colony, district, people, with
whom the United States are at peace"
From this it appears that in every case in
which any military expedition shall be begun
or set on foot, contrary to the provision of this
act, it shall be lawful for the PRESIDENT or
such other person as he shall have empowered
for that purpose, to employ our naval forces for
the purpose of preventing the carrying on of
any such expedition or enterprise from the ter
ritories or jurisdiction of the United States
against the territories or dominons of any for
elgn prince or State, or of any colony, district,
or people, with whom the United States are at
peace.
The language of this act is as broad and
general as well be imagined and il is the
legal presumption that in the delegation Of a
power the means are also delegated necessary
for It's effective exercise. 1t is useless 10 cite
any authorities for such an elementary pronos;-
tion. The object for which the PREsIpr Mt 10
authorized to employ the naval forces is to
prevent the carrying on Of any hostile expedi-
ton from the territories or jurisdiction of the
United States. Now, there are various ways
of preventing the carrying on Of such an expe-
dition. One is for the civil authorities TO mir
the offence in the bud, by the seizure and de-
tention of any vessels employed, or reason
ably suspected of being designed for such
an expedition, at the wharf This was the
duty Of the collector at New Orleans, in the
case of the Pampero. Another way would