The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-04-28

THE ISSUE OF PEACE OR WAR is WITH SPAIN
The disposition manifested by Of our cotempora-
complain of the Of the adminstra
ton adopted consequence of the late aggressons upon
American rights in the high Cuba not being
sufficiently stringent and comprehensive inclines us to
think that the powers of the Executive in the premises
have not been as well considered they ought to be be-
fore INDUCING In ccnsorious comments With convic
lions the enormy of the several ourages
feelings would have been grahed II naval force
could ha been ordered Havana with perempory in
struc,ions demand prompt and ample reparaton there
and upon its REFUSAL infct summary and exemplary
punishment upon the offending parties. We have no
doubt that if President Pierce had felt authorized TO fol-
low his impulses he would not have hestated to adopt
and enforce such policy for redress; and we have
little doubt that the impulses OF the American people
would have warmly approved such of redressng
fragrant insults and injuries BUTT must be remembered
that the President is authorized follow his impulses
unless they dictate clearly within his constu
tional powers There is in the whole Union who
is more sensitive in regard national honor, and
who felt more keenly more Indignantly the
ton insults offered flag by the Spanish officials and
yet the discharge of his high duties he bound by
the solemn obligations keep within the pale of the
constitution in the adopted either for redress
for future security against similar outrages 1t bet
ter endure temporarily the violations of rights than
seek their redress the expense of those fundamental
principles which define and limit the powers execu
tive department Of the government Believing that the
sober second thought of all will sanction these
sentiments shall proceed to notice the limitations upon
the executive power in adopting measures meet the
present exgency and TO show that those adopted
the determination Of the administration go verge
Of his constitutional authority in providing remedy for
the late aggressons
We without hesitation and with entire conf
dence, that there the doubt the mind
the Executive the aggressive character Of the
conduct Of Spanish officers in stopping and boarding
examining merchant vessels To doubt on this point
would be to mpute him sentiments regard to the
volatility OF flag which would be rreconcilablc
with weestablshed Internal law as with patriotism
We do not use the terms firing into" "bringng tor be-
should feel Inundated If we supposed the Pres
den capable of disegardng the substance of the ag
gessions for the purpose of cavng and sticking upon
te definitions OF the used describe the details of
transactions whose Illegal character depends upon no
such Investigations II was just illegal for the Span
ish officers fire "overn "aroundD or "beforen our
vessels att non them in the particular instances
which lave called for the interposon OF our government
Whatever the acts were they intended stop and
subject to visitation and examination vessels over which
the Spanish officers had jurisdiction II was the erer
else of the right of search visitation examination on
the high and whether this right was exer
csed by firing balls ove or beforen or untop
our vessels only indicates greater less degree of ag
gravaton in the aggression but does affect the legaity
OF the act The fact clearly established that our YES
sells were stopped whether by force or menace is inmate
rial and subjected to visitation and examination In is
consisted the violation of international lawn this was
the aggression upon American rghtsn this wus the in
suit to the American fagn this was the outrage which
called for the ncposton Of all the power possessed BY
the Executive both for redress for wrongs already inflicted
and for the prevention of their repetition in future
What power, then, could the President lecitimatelv
exercise by way Of redress? If he had ordered the Guf
squadron to proceed to Havana and demand Immediate
reparaton of the captan-genera Of Cuba and upon his
REFUSAL to blockade the ports of the island or to lombard
its towns these would have been uneouiyoca acts Of or
But the President has power to make war When nm
injury calls for redress be is bound to demapd PREPARATION
and if refused and redress is only attanable by re-
sort to force he must have the authority OF Congress to
proceed unless the offending party of that awless or nj
racai character irresponsible any capable
OF making reparation which makes his punishment an
cepuon to civilized rules Of proceeding
II upon the refusal Of the captain general 10 make i'm
mediate rcparation the President had ordered the
mander Of the squadron to look up the offending Spanish
frga and to capture sink her. this would have been 10
make rerisdh But the constitution has not conferred
upon the President the authority either 10 declare
"ar or 70 make reprisais n the necessary power had
existed, the outrages would well have justified resort
10 one or the other mode of redress and have good
reason to 5eeve that the President only restrained
from adopting the the other mode from the convic
ton that he could only do the expense Of the cons
tuition 1t apparent then that under his constitutional
powers II was not competent for the Executive to adopt
those summary and effective for redress which
the outraged sense Of the American people so clear
y to demand II he had been actuasd in his policy by
those ambitious selfish considerations which some of his
enemies have unscrupuleusy attributed to him. he saw
manifestations Of popular indignation against the ag-
that might well have tempted less discreet and
conscientious President to overscp the bounds fixed by
the constitution to bis powers Without pretending 10 in
dieate or to know what policy the President has
adopted to obtain ample PREPARATION for these oura-
ges we venture confidently to affirm that the sequel
will prove that he has discharged his whole duty
and that If full redress is speedily obtained the
country will attach to him responsibility for want