The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-30

nisrlpssa and the Interpreter With the Fiscal AMI the
present Secretary RICHARD NJ cULL9ca
| FRsp,ro SApoRrAs Government Interpreter
Before me, MANUEL MARIA MATTEL.
And for publication thereof IN the Gdceta OF this
capital have extracted the present copy true aud le-
sav from The originals referred to- oy order Of the
Fiscal Who BIAS signed this with me- in Mayara che slst
OF s MsrGp, M Mar M.HrEr, Secretary.
HAVANA, April l, 1855.
Let it be published in the government gazette
True copy. JoAcmM MORALES Dx RADA, BrigadI,r
Chief Of the staff.
The Issue OF Peace War Ii with Spain
/ From the Washington Union (oHaciAl), April ISL
The dsposit manifested by OF cotem pora-
ries to complain OF the recent Of the admin
straon adopted Ia consequence Of the late aggresons
not being suairispiIy stringent and comprehensive,
ircnes us to think that the powers of the Executive
in the premises have not been well considered as they
ought to be before inlulRng in ceosorous comments
With our conviction to the enormly Of the several
outrages perpetrsted, our feelings would have been
Rrstifeo II naval force could have been ordered to
Havana with peremptoy instructions to demand prompt
and ample reperation there and its REFUSAL to
Offending parties We have NO doubt that If President
| Pierce had felt authorized to follow his impulses he
would not have hestated to adopt and enforce such
| a policy for redress; aud we have little doubt
that the mpuises OF the American people would have
warmly approved such means Of redressing fragrant
insults injuries. But IL be remsm bared that
the President Is not authorized to follow his impulses
unless they dictate measures clearly within
tutional powers There Ia no In the whole Union
who is sensitive in regard to national homo r
and none who eit leenly Indignantly the
wanton insults offered to our flag by ths Spanish off,
cials and yet, in the discharge of his high duties he
was bound by the most solemn oblig to keep
within the pae Of the constitution in the measures
adopted either for redre for future security against
similar outrages. II better to endure te orary
the violation of our rights than to seek their re al
the exper Sc Of those faDdamenaI principles which de-
fine and limit the powers OF tbs executive department
of the government Believing that the sober second
q trfI9 unPn wi nnrtin thQaa anti
ments shall proceed TO notice the limitations upon
the executive power in adopting measures to meet ths
present exgeccy and to show that those adopted
fest the dsterm OF the administration the
verge of his constitutional authority in providing
Inedy for the late aggressio
We assume without hesitation, and with entire conf
depce tDat there the least doubt the mind
OF the Executive as 10 the aggressive character OF
late conduct Of Spanish officers in stopping and board
ing and examining merchant vessels. To DOUBT on
this point would be to impute to him sentiments re-
gard to the involabiity o: our flag winch woald be
as iIreconcabs with well established intern stional
la with patriotism We do not the terms . fir
ing into or To-" because we SHOULD feel hui
gardng the substance OF the late pur
pose OF caving sad sticking upon the definitions Of che
Illegal character depends upon such investig.
It was just as Illegal for the Spanish officers to fro
" at or into them in the particular instances which
have called for the interpretation Of government.
subject to visitation and We sses oven which
the Spanish officers had iurisdictioo was the ex
ercse of the right Of the search, vstation
inat'on on the high seas; and whether this assumed
right was exercised by firing balls "over,"
betore," into" our vessels only indicates great
does nor affect the legality OF the act The fact
clearly established that our vessels stopped
jected visitation examination In this consisted
the violation Of international LAWN this the az
suit to the American fagn this the outrage which
cae for the incorporation of all the possessed by
the Executive both for redress for wrongs already in
fcted and for the prevention of their repetition In
future.
What power, then, could the Precedent legitimstsly
exercise by way Ct redressy If he had ordered Gulf
squadron TO proceed to Havana and demand immediate
reparation Of the Captain General of Cuba aud, upon
his refusal to blockade the ports of the iaAnd
lombard its towns these would have been uueq
aots But the President has no power to make
war When an Injury calls for redress he is bound to
dress is only attsinable by a resort to force. he
must have the authority of Congress to proceed,
unless the Offending party is of that lawless or
pable of making reparation, which makes his punish
ment an exception to civilized rules Of proceeding
If, upon the refusal Of the Captain General to make
immediate reparaton the President ordered the COM
mander OF the squadron TO looS up tie offending span
been to make reprisa But the cons ituton has not
conferred upon the President the authority either to
power had existed the outrages would wall hays usti-
fed resort to the other mode Of redress aud we
nave good to believe that the President only
restrained from adopting the the other ode
from the conviction that he could ooy do at the
pense Of the constitution. 1t is apparent then taat
under his constitutional powers, it not competent
for the Executive TO adopt those summary aud efsc-
tive measures for redress which the outraged OF
the American people seemed 80 clearly TO deusnd II he
had been actuated in his policy by those ambitious or
selfish considerations which his enc nies have
SO urscrupulousJy a,tribu led 10 him he saw aush
Manifestations Of popular Indignation against toe az.
gIesfors that might well have tempted less discreet
ard conscientious President to oversep the bounds
ed by the constitution to hs Without pretend
ing to dictate, to snow what policy the
dent has adopted to obtaia ample reparst,n these
outrages venture confidently to affirm to tho Sc
quel will prove that he discharged hs whole duty
ano that full REDRESS ia not speejily obtained the
country viii attach to him responsibility for want
of promptness energy the exercise Of all the pow.
trs belonging to him When Congress again ass0 nbe,
IL .n., onoear that the President has exhausted al
DIS Iecinaic resources In =, 9osaa So
tisfactory repara,ion from Spain, It viii n
that body decide whether other and efsssive
measures shall be prosecuted. Whilst the executive
viii continue sedulously to eschew rashness prscpi
fancy in bis oounsels, be viii sho neither lack OF ea
lousy to national honor want of promptness
of 6Inness 10 demanding and in-ist.ns ON ample
redress for violations Of rights aud insults 20 our flag
was competent for the President TO adopt
for the punishment and redress o. The late
gIessons spd insults Of Spsnish officials ani it,
have assumed the for reiIess adopted have
gone The full length OF executive authority, it becomes
interest pg TO know whether aud naoual
rights and honor are to continue to be outraged by OBJ
struc' ions and aggressons like these which have
Gently excited so much popular or whether
the President has adopted policy which will either
to exemption from similT ourages in future,
result in their prompt and exemplary punishment.
II is the duty o. the executive to protest commerce
LtonaI rights the high seas, ami 10 these
ends the President is furnished With navy and army,
and is made their commander. Although he may not
consttutonal'y make to redress p.st injuries hs
ay the navy army, both, to prevent injuries
and, need be, he may reeei and prevent forcioe
gressiops by forcite resist nee, though state
Of hostilies should be the unavoidable
queDce. The right Of self defence belongs ws to
nations 10 individuals; and VIXEN necessary resort
to brings with IT the consequence of it oy
the act of the of nding party AID involves violation
of executive powers If foreign army invades ter
President,
forces is bound to repel It, although thereby fol-
lows In like manner, IL the exclusive jurisdiction
the high which flag guarantees 20 the decx Of
every American vessel Is invaded by attempt to
else tile right OF search vifaon exarniuaon the
is much bound TO resist and reps the
sion Of OF ships decks TO resist and repe the
invasion of territory. He would cerelct Of
i ILL