The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-01-13
THE PREsIDENT's MEssAGEON CENT.
TRIAL AMERICAN AFFAIRS.

In response to the call of the Senate for the
inst, submitted the correspondence in his
possession relative to the arrest of General
WALKER by Commodore PAuLpNa, and ac-
companied it with the following message,
which we reprint from the Cincinnati Com
mercial
MESSAGE.
In submitting to the Senate the papers for
which they have called, deem it proper 70
make few observations.
In capturing General Walker and his COM
mand, after they had landed on the soil OF
Nicaragua. Commodore Pauiding has, in my
opinion, committed n grave error. 1t IL
quite evident however, from the communi-
cations herewith transmitted, that this vas |
done from pure and patriotic motives, and in
the sincere conviction that he was promoting |
the interests and honor of his country. In |
regard TO Nicaragua, she has sustained no |
injury by the act of Commodore Paulding. |
This has enured TO her benefit, and relieved
her from dreaded invasion. She alone
would have any right TO complain of the vi
olation of her territory; and it is quite GER
tain she will never exercise this right. 1t
unquestionably does not lie in the mouth of
her invaders to complain in her name that
she has been rescued by Commodore Paul
ding from their assaults. The error OF this
gallant officer consists in exceeding his in
structions, and landing his sailors and ma
rines in Nicaragua, whether with or without
her consent, for the purpose OF making war
upon any military force whatever which hc
might fndr in the country, no matter from
whence they came. This power Ger ainly
| did not belong TO him. Obedience 70 law
and conformity to instructions the best
and safest guides to all officers, civil and
military, and when they transcend these
limits, and act upon their own personal re-
sponsib,lity, evil consequences almost newt
| ably follow.
| Under these circumstances, when Marshal
| Rynders presented himself at the State De-
partment on the Goth ultimo, with General
| Walker in custody, the Secretary informed
him that the executive department of the
government did not recognize Gen. Walker
as prisoner; that it had no directions to
give concerning him that it is only through
the action Of the Judiciary that he could
be lawfully held in custody to answer
any charges that might be brought against
him.
In thus far disappearing the conduct Of
Commodore PauldiEg, no inference can be
drawn that am less determined than have
!, ever been to execute the neutrality laws
Of the United States. This is my imperative
duty, and l shall continue to perform it by
all the means which the constitution and the
laws have placed in my power.
My opinion of the value and Importance
of these laws corresponds entirely with that
!, expressed by Mr.. Monroe in his message to
Congress of December eth, 1919. That wise,
. prudent, and patriotic statesman says: II
is of the highest importance to our national
character and indispensable to the morality
of our citizens that all violations of ouI
! neutrality should be prevented. No door
should be left open for the evasion OF ouI
laws, no opportunity afforded to any who
may be disposed to take advantage Of it &c
compromit the interest or the honor OF tho
, nation"
The crime of setting on foot or providing
the means for military expedition within
the United States to make war against for
i eign State with which we are at peace, is ont
1 OF an aggravated and dangerous character
: and eagerly engaged the attention of Con
gress. Whether the executive government
J possesses any, or what power, under the con.
Il stitution, independently of Congress, to pre-
e vent or punish this and similar offences
q against the law of nations, was q subjec
which engaged the attention Of our mos
eminent statesmen in the time OF the admin
istraton of Gen. Washington, and on tn
!, occasion of the French Revolution. The &C
g Of Congress of the 9Th of june, 1874, forum
ately removed all the difficulties on thi
. question which had therefore existed. TIN
% OIll anu III StCtlOES VI dCJ, WElCH ICiut
n to the present question, are tho same il
8 substance with the 9Th and Sth sections o
u the act of April Goth, 1918, and have nov
: been In force for period of more than sIxt,
Il years.
4 The military expedition rendered crimina
: by the act must have its origin must "be
. ginn or be 'set on foot" in the Unite'
u States; but the great object of the law was t
"a save foreign States with whom we were a
peace from the ravages Of these lawless ex
. petitions proceeding from our shores. TIL
seventh section alone, therefore, which SIM
g ply defines the crime and its punishment
I would have been inadequate to accomplish
- this purpose and enforce our internationa
; duties. In order to render the law cffectual
e it was necessary to prevent the carrying
; on'' Of such expeditions to their consumma
ton after they had succeeded in leaving on
"a shores.
y This has been done effectualiy, and in clea
d and explicit language, by the authority give
g to the President under the sth section of tn
- act to employ the land and naval forces c
II the United States "for the purpose of pre-
l. venting the carrying on of any such expcdi
= ton or enterprise from the territories or ju
risdction ofthc United States against til
- territories or domains of any foreign prime
s. or State, or of any colony, district, or pcopl
y with whom the United States are ct peace"
~ For these reasons, had Commodore Paul
.. dlng intercepted Inc steamer IT 3Snion' VIII
- General Walker and his command on boarC
D. at any period before they entered the port
Id San Juan de Nicaragua, and conducted thei
back to Mobile, this would have prevente
them from carrying on" the expedition, an
o. have been not only a iustifable but praise
c. worthy act.
to The crime we'll deserves the severe punish
ment inflicted upon it by our laws. 1t vie
lated the principles OF Christianity, moralit
oil and humanity held sacred by all civilize
m nations, and by none more than by the pei
he pie of the United States. Disguise it as v
may, such military expedition is an invit;
ticn TO reckless and lawless men to enlist III
to der the banner of any adventurer to TO
n plumber, and murder the unotending cit
:. zehs of neighboring States who have new,
IL done them harm. 1t is a usurpation of Il
ne war-making power, which belongs alone
ad Congress; and the government itself, at lea
at in the estimation Of the world, becomes Q
!, accomplice in the commission of this Grim
nc unless it adopts all the means necessary
of prevent and punish it. 1t would be far be
a. ter, and more in accordance with the bo
:, and manly character Of our countrymen, f
VI the government itself to get up such exped
ng lions than to proceed under the command