The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-04

But why should there be in any quarter
disposition to pervert o. mimepresent Che truth
ss to the sentiments, feelings end opinions Of
what we suppose to be those Of the great mass
United States who concur with them in these senti
ments and opinions 81 -F rsrf.+
The Cuban believes the tyranny under which he
suffers IL awless insatate, and cruel In the last de-
gree, and that hexs deprived OF all participation in
self government Who doubts the fact The fact
admitted, the power then which controls him is
sheer wicked despotism. May the Cuban rightfully
conspire and struggle to overthrow this despotism,
and may he rghtfully invoke assistance to this end2
To deny this is to repudate the integrity Of our own
independence, for we so struggled, and sought, and
obtained private secret aid from the French people.
And it win not do for hypocrisy cant and falsehood
lance 80 sought and so to be given.
The mock morality taught from high places In
censure Of such conduct, the agreement among the
minions or apologies Of arbitrary power 70 call
change the facts. This quarrel all know, is essen
tally the cause of the Cuban against an unmitigated
tyranny; and no American citizen was ever justly
s tine wrong o. Claiming
Cuba. The right Of revolution ia the Cubans; the
right OF an American citizen is TO aid them If he
pleases, SO he does not violate the laws OF his
country in doing so. The American citizen is not
the property Of his government It is his right to
peril himself In any war popular strife abroad he
sees t to hazard. And he well knows, if the enter
prise is one unprotected by the flag of his country
the peril is his own. Shall we, who encourage the
people OF every nation to . remuneration Of their
natal allegiance, question this right
Be it known, therefore, that we-at whom, il Is
supposed, the denunciations Of this proclamation
are aimed-profess to believe ourselves as pious
moral and patriotic az any of our fellow citizens
who would lecture or censure us. And the more So
that we have never received any such lectures
Misrepresentation or Misrepresentation, or other.
wise marked by depravity and corruption
OF principles Of which we conceive ourselves
incapable. If the cause Of Cuba be right,
brand us with either moral or political wrong, in
giving it our countenance and support.
"f,' says Mr.. Madison, "there be a principle
that ought not to be questioned within the
abolish an old government and establish new one.
This principle is not only recorded in every public
archve, written in every American heart, and seal
ed with the blood of host of American martyrs;
but it s the only lawful tenure by which the United
Sizes hold their existence "a q nation"
These were the sentiments of young America.
There is yet enough Of the spirit Of young America
extant, to frown at the fogyism that would obite.
In regard to Cuba, then, grant the rule Of inter
national law that every government de dcto is to
be- ne taken primo taeie a. the government Of
t denesp s %as BE- s asd TSs, s sg
mendacty bold enough to assert that the power
sheer despotism7
All law writer's admit there may be a naked
tyranny that has no right Of protection or respect
from the laws OF nations. Nor can the tyrant claim
any legal protection even for his personal security.
ME-. Madison says:
respect to the general principles Of beryhe essential
right OF the people or the overrung sentiments Of hu
old, to be treated q an iisstimats despotsm. " -
Now, challenge any one to cite to me single
element in the power which crushes Cuba, that en-
titles that power to be respected as the legitimate
government OF the people Of Cuba. The Cubans,
too, in the wantonness of violence Is now being ex
erted to an end dangerous to the interests Of our
Southern citizens. And these, together, make aug
mensed grounds OF our sympathy and excite manyit
may relieve the oppressed Cubans, and insure our
own domestic security. Now, with these motives
and purposes candidy avowed, are the facts intend
admitted to be those aimed at arraigned and censur
ed by the proclamation, then it may become grsyer
inquiry, how far the President shall be successful
in his efforts by proclamation, to traduce these mo-
tives and sentimentsor traduce those citizens who
When it was fashionable at Washington, in
1925, to sympathize with the oppressed Creeks
there were no Presidential threats of prose-
cutting John Q. Adams Henry Clay, Daniel Web
ster, Mr. Forsyth, Gen. lafayette, and Others, for
giving Felix Hoston, Esq, the most Asttefnk let.
ters TO the great unnamed Of Europe, commencing
IN BALAuuty, euO Tue C0u6c Nc was 10 engage III
being to aid the Greeks in revolt against their Turk.
ish oppressors. And it was well known to all Of
these gentlemen that he was openly to take and
material aid from the port Of New York in further
was then in force, and our country was at peace
with the Turks. And l shall not pretend, but
the act so meditated was in violation of that
law. But allnde to the fact to show that even
these persons as instigating robbery or piracy,
or Of entertaining sentiments and wishes derog.
atory to them as gentlemen, patriots and good
citizens. And, as giving special eeidt to the pre-
just elected to Office, gave to the same Greek fl
buster regular passport under the great seal of the
State. If such, then, were the honors of such an
enterprise, and such its advocates and promoters,
against those who supposed TO sympathize in an
equally meritorious cause can be well deserved?
Much might be said Of the Presidents imputations
Of lawessly complcating the question Of peace and
tanned by any, 80 far as known or believed by me, Of
compromising the neutrality Of the government of
the United States, the question Of peace war by
the United States cannot be involved It is well
known there are already considerable number
Of American citizens engaged In the Russian
and Turkish service, and the wars waged by them.
But is it supposed this makes our government in
any way party to those war;, or complicate our
peaceful relations with those powers.
The threats in the proclamation Of q legal prose-
cution s In bad taste, If not impotent Of any legti
mate end.
Under the theory of our constitution, government
prosecutions, 30 specially distinguished, have no
place. mean by such, State prosecutions those
lawfully instituted and carried on by the king, his
council and agents in England, and wrongfully imi-
tated BY executive pretensons here, where no such
legal authority II given.
Under our consultation, the Judiciary Is wholly
separated and Independent OF executive power
and action. Its duties are distinctly assigned,
and its legal machinery for the performance Of these
duties are set apart with the distinct intention that
its operations shall 60 on unnfnenced by executive
CONTROL The manner in which al infractions of the
public law shall be redressed, how the accused sha
be arrested tried and condemned to punishment, ia
BY the constitution and laws all provided for, and
these duties exclusively assigned 10 the judicial de-
partment. That the courts viii perform their duty
with fidelity, in all cases, is confidence which the
theory Of constitution entertains without suspi
cion. In this respect, they are % much trusted
the President il.
II fhia ha a whaxain has 4ha nons4itn4ion an.