New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-12

II is evident from the debate ard votes of yesterday
that the House stands ready to give an oihcIai ex
preston to the popular dSapproval of certain features
Of the Administration policy in respect to the romans
This censure might have been ayerted had the
Administration confined itself to vigorous execution
of the law and dealt with the Fenian leaders in good
eth As it did neither it has succeeded in alternating
the regard of very large portion of its support
ers. aud has laid itself open to the
charge of conciliating tho good will
of Great Britain by an oStentatious display oil
a zeal which the circumstances did not demand. Mr..
Ancona, however, committed blunder in proposing
the repeal of the neutrality act, and his string OF
whercascs is based upon an imperfect knowledge OF
tho provisions Of the statute Of ISIS. lie
might have made his case stronger by
more careful perusal of the law
There is nothing in the act which "compes y the
Government to use force against the Fenians. So
much of the law as authorizes the of the land and
naval forces is permsSive merely, and 1t was wholly
optional with the Administration whether they should
OF should not employ the military resources oil the
United States against citizens of this country in behalf
of colony of Great Britain. The law contemplatcs
the exercise of discretion by the President.
1t imposes no duty. whatever upon him;
it simply declares that sit shall be law
ful for the President of the United States, or
such other person as he shall have empowered for
that purpose. to employ the land or
naval forces of the United States =
for the purpose Of preventing the carrying on
OF any such expedition" &c. The trainers Of that
statute loresaw that might arise in which con-
sideraons justice or Of policy would require no
more than a strict observance Of the de-
mands Of international law, and they did not
intend to pass such law as should deprive the Exec
ulire of all option and all regard to circumstances.
II follow that The action Of the President in respect
To the Feniaus be considered exercise OF his
discretion, and not exccut onofa mandatory stat
ute The Mentality Act is not 10 blame. The President
and bee a0nc, assumed the responsibility OF 80 inter-
pet ng that at a. 10 Illustrate the Fenian expedition.
while 1t was equally open to him to have omitted
the extraordinary employment Of the military
in defense of the Canada border. IL would, Tor H.
stance have been complete execution OF the law had
he chosen to follow the line marked out in Mr..
Schenck's resolution. lie might have remembered
that the Fciliaas were struggling for an independent
nationality and have followed that exact course Of
proceedings which was pursued by Great Britain
duug the Rebellion toward the United States, recog-
nigng both the Feuians and the British as belger-
enis aud observing between them strict neutrality.
He chose, instead, to treat the FenIans as male
factors and Great Britain as power that must be
concaicd aud for whose beboof the armies Of the
United States were to be employed as Canadian
police.
Mr. scheucl's resolution of censure upon the
Administration would evidently have passed
the House, had it been pressed to a vote. 1t
was finally referred TO the Committee on Foreign
Affairs upon the pledge Of the Chairman Of
that Committee that "A report upon 1t should
be made The House and the country will expect
that the report snail be forthcoming promptly and
that when it is made, opportunity shall be given for
an uncmbarm,sel vote upon the distinct issue made mp
between tie Administration the representative of
Bntsl inter l., aud the American people who stand
~ their traditional policy.