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 The truth
as to the sentiments, feelings nd opinions Of
what we suppose to be those of the great mass
Of the people Of Cuba, and Of many citizens Of the
United States who concur with them in these senti
The Cuban believes the tyranny under which he
suffers s awlees insatate, and cruel in the last de-
gree and that he1s deprived of all participation in
elfgovernment Who doubts the fact? The fact
admitted the then Which controls 5s a% Is
conspre and struggle to overthrow this despotism,
and may he rightfully invoke assistance to this end?
To deny this is to repudate the integrity OF our own
obtained private secret aid from the French people.
And it will not do for hypocrisy cant and falsehood
ito assail the purity of motive and action to ass
lance 80 sought and so to be given.
censure of such conduct, the agreement among the
minions or apologies Of arbitrary power to call
such aid piracy, robbery, and plumber, viii not
change the facts. This quarrel all know, is essen.
tyranny; and no American citizen was ever justly
chargeabe with the folly or the wrong Of claiming
right OF invasion or of conquest Of the island OF
Cuba. The right Of revolution is the Cubans; the
right Of an American citizen is to aid them II he
pleases, SO he does not violate the laws Of his
country in doing 80. The American citizen is not
the property Of his government It is his right to
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, it is
supposed, the denunciations of this proclamation
are aimed-profess to believe ourselves as pious,
moral and patriotic as any Of our fellow citizens
who would lecture or censure us. And the more 30,
that we have never received any such lectures
or censures that have not been conceived in
Misrepresentation or misrepresentation, or other
wise nr msThsd By dSeprayy and corruption
incapable. If the cause of Cuba be right
we feel how pontless and exaggerated the efforts to
brand us with either moral or political wrong, in
giving it our cOuntenance and support
"H," says Mr.. Madison, "there be principle
that ought not to be questioned within the
United States it is that every nation has right to
abolish an old government and establish new one.
This principle is not only recorded in every public
archive, written in every American heart and seal
ed with the blood of q host of American martyrs
but it is the only lawful tenure by which the United
St0ees hold their existence as 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 oblite
rate the precious record from our memories.
In regard to Cuba, then, grant the rule of inter
national law, "that every government de facto is to
be taken prina tacN as the government Of
the peoples choice"; yet the prima facs EVIL
dence may be rebutted. And where is there
which throttles Cuba like nightmare, is not
sheer despotism?
All law writers admit there may be naked
tyranny that has no right Of protection respect
from the laws of nations. Nor can the tyrant claim
any legal protection for his personal security.
MI. Madison says:
It is not denied that there may be cases in which
respect to the general principles Of beryhe essential
right Of the people, the overriding sentiments Of hu.
manity-might require a government, whether new'or
old, to be treated as an ilegltmate despotism.
Now, challenge any one to cite to me q single
element in the power which brushes Cuba, that en-
titles that power to be respected as the legitimate
government of the people Of Cuba. The Cubans,
then, have good cause to revolt. But this power,
to0 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
mented grounds of our sympathy, and excite many
may relieve the oppressed Cubans, and insure our
own domestic security. Now, with these motives
and purposes candidly avowed, are the facts intend
ed to be controverted by this proclamation or if
admitted to be those aimed at, arragned and censur
ed by the proclamation, then it may become graver
inquiry, how far the President shall be successful
in his efforts by proclamation, to traduce these mo-
tives and sentiments-Or traduce those citizens who
When it was fashionable at Washington, in
1925, to sympathize with the oppressed Greeks,
there were no Presidential threats of prose-
ster, Mr.. Forsyth, Gen. Lafayette, and othe 49, for
giving Felix Hoston, Esq., the most fostering let,
tiers to the great unnamed Of Europe, commencing
his gallantry, and the cause he was to engage in.
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 men and
material aid from the port Of New York in further
ance of his military enterprise. The act of 1918
was then in force, and our country was at peace
with the Turks. And I shall not pretend, but
the act so meditated was in violation of that
law. But allude 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 eci6t to the pre-
just elected to Office, gave to the same Greek fill
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
can it be that the aspersions of the proclamation
against those who are supposed to sympathze in an
equally meritorious cause can be well deserved?
Much might be said Of the Presidents imputations
OF lawlessy complicating the question Of peace and
tanned by any, 80 far known believed by me, of
compromising the neutrality of the government of
the United States, the question Of peace or 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 wars, or complicate our
peaceful relations with those powers
The threats in the proclamation Of . legal prose-
cution is in bad TASTE If not impotent Of any legt
mate end.
Under the theory of our constitution, government
prosecutions, 80 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-
taed BY executive pretensions here, where no such
legal authority Is 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 unnfuenced by executive
CONTROL The manner in which all infractions of the
public law shall be redressed how the accused shal
be arrested tried and condemned to punishment, is
by the constitution and laws all provided for, and
these duties exclusively assigned to the judicial de-
with fidelity, in all cases, is confidence which the
theory Of our constitution entertains without susp-
cion. In this respect, they are as much trusted as