Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-12
MrssaGE OF THE PRESIDENT IN RELATION tt
THE ARREST OF GENERAL WALKER.


In capturing General Walker and his commanc
after they had landed on the soil OF Nicaragu'
Commodore Paulding has, in my OPINION commute
grave error. 1t is quite evident, however from IN
communications herewith transmitted, that this wa
done from pure and patriotic motives and IN tue slu
cere conviction that be was promoting the interest
and vindcatipg the honor OF his country.
In regard to Nicaragua, she has sustained no pJur
by the act of Commodore Paulding. This has enure
Ia her bene6t and relieved her from dreaded inVe
sion. She alone would have any right 10 complain {
tho violation of her Territory and II 10 qute cetta,
she will never exercise this right. 1t unquestonabi
does not lie in the mouth Of her invaders to complain
in her name that she has been rescued by Commoaor
Paulding from their assaults The error OF TINS
officer consists In exceeding his instructions, an
landing bis sailors and marines in Nicaragua, wnetne
with or without her consent for the purpose 9
making war upon any military force Whatever wnic
he might find In the country, no matter from wnehc
they came. This power certainly dld not oeiong I
are the best and safest guides for all officers, civil an
military and when they transcend these iimns' an
sot upon their own personal responsibility EVIL con
sequences almost inevitably follow. Under ines
circumstances, when Marshal kynaefs Ple s'.;
with General Walker in custody, the Secretary ~
formed him that the Executive Department OF To
Government did not recognise General walker es
prisoner that had no directions to give GonoeInp
MIN; and that it 10 only through the sction OF tn
Judiciary that he could be lawfully held IN custod
+" answer any charges that might be brought agans
him.
In thus far disappearing the conduct OF Commo
dore Pauding, no inference must Dc orawa .na,
the neutrality Laws of the UBited States This Is M
imperative duty, and shall continue to perform
by all the mesns which the Constitution ana 10
Laws have placed in my power. MY opinion OF 10
value and importance of these laws corresponds en-
tirely With that expressed by Mr. Monroe In his mes
sage to Congress Of December z, 1919. That wise
prudent and patriotic statesman says;
ut is of the highest Importance 10 our nationa
character and indispensable to the morality OF ou
citizens that all violations of our neutrality should D.
prevented No door should be left open for the eva
sion of our laws, opportunity Afforded 10 any Wns
may be disposed to take advantage OF 1t TO comPro
NIT The interest or the honor OF the nation.
The crime Of setting on foot or Provldpg tne
means for a military expedition within the United
States, TO make war against foreign State WIN
which we are at peace, 10 one OF an aggravated and
dangerous character and early engaged the atention
of Congress. Whether the Executive government
possess any or what power, under the Constitution
Independently Of Congress, to prevent or punish this
sud similar offences against the law of nations was
subject which engaged the attention OF our mos'
eminent statesmen In the time OF the admlnisraton
of Gen Washington, and on the occasion OF the
French Revolution. The act Of Congress OF the oth
June 1894, fortunately removed all the difficulties on
this question which had heretofore existed The oth
and h sections OF this act which relate to the present
9Th sections of the oct of April 2Oth 1918, and have
now been in force for period gilmore than sixty years
The military expedition rendered criminal by the act
must have s origin must "begin" or be "set on 1901
10 the United the great object OF law was
10 save foreign States with whom we were at peace
from the rsvaRes of these lawless expeditions pro
ceedng from our shores. The 9TH section alone
therefore, which simply defines the crime and It's pun
ishmebt, would have been inadequate TO accompi9n
This purpose and enforce international duties In
order 10 render the law eeetual 1t was necessary 10
nr.vent "the carrying on" of such expeditions to
their contamination after they had succeeded IN ieav
inc our shores. This has been done edectually, and
in clear and explicit language oy me t XIV -
employ the land and naval forces of the Uniteo
States for the purpose of preventing the carrying OF
OF any such expedition or enterprise from the telrno
ries or jurisdiction of the United States against the
territories or domain of any foreign prince or State
or of any colony district, or people with whom tne
For these reasons, had Commodore Paulding in
,srcepted the steamer " Fashion" with Gen. Walker
and his command on board a. any Ps,Uu pe, .nd
conducted them back to Mobile. this would have
prevented them from carrying on the expedition
and have been not only ajustihablePb pfalsewor
thy set. ,.. ,,. ,ov.rs nu,i,bmsnt in
aioted upon It By our laws 1t violates the principle.
Of Christianity, morality, and humanity, held sacred
by all civilized nations, and by none more toan
ths people of the United States. Disguise II a W.
may, such military expedition is an invitation II
reckless and lawless men to enlist under the banner
of any sdventnrer to rob, plumber, and murder tne
unof.ndine ctizens ofneighboring States who nave
never done them harm. II is usurpation OF tne
war.msking power, which belongs alone 70 Congtees
and the Government ITSELF at least IN the estimation
~ this world, becomes an accomplish in the commis
sion of this crime unless 1t adopts all tne means re
csssary TO prevent and to punish It. 1t would be Ia
better, and more in accordance win tne oo'a ah'
manly character Of our countrymen, Tor Inc ToVern
m-nt itself to get up such expeditions tnan W aiU
,hsm 70 proceed under the command OF irreepons'oh
naven,urers We could then at least exercise som
control over our own agents. and prevent them iron
banning down cities and committing otner acts
enormity of which we have read. ~, s,,na,,;o,
The avowed principle which lies at roe !ounoatio'
Of the Law of nations s contained IN the Divine com
mspd that tall things Whatsoever ye wouio tnat mel
should do to you, do ye even 80 TO tnera. irieo o.
this unerriny rule, we should be severely condene,
II va sha not use our best exertious 10 arrest suc
s.neditions against our feeble sister Republic of Nj
csrsyua One thing is very certain, that people nov
AR .sted who would call any other nation 10 STITCH
or account than We should ourselves Tor toierahnl
lawless expeditions from their shores 10 make We
noon any portion of our territories. BY toieratinl
such expeditions We shall coon lose the high charsc
FER which We have enjoyed ever since the Gays
Washington for the faithful performance OF our 10
terna,ional obligations and duties, and inspire oisue
against rs among the members OF the great tam''
OF civilized nations.
But if motives OF duty were not sufficient to re
strain US from engaging in such awiess enterprises
our evident interest ought to dictate tes po'cy.-
These expeditions the most etectual mode OF re
fsrdns American progress; although to promote thl
Ia the syowed object of the leaders and contributor
in sucn undertakings. 1t is beyond question the oee
tiny Of our to spread themselves over tue cont
nent of North America, and this at no distant gay
should events be permitted to take their nature
course. The tide Of emigrants will dow to the South
and nothing can eventually arrest lts progress.
permitted 10 60 there peacefully, Central Americ
will soon contain an American population which VI,
confer blessings and Dement'S as well upon tne na.se
as their respective Governments Liberty, under 10
restraint of law, will preserve domestic peace "hils
the different transit routes across the isthinus
which we are so deeply interested will have assare
protection. Nothing has retarded this happy como
ton Of affairs so much as the unlawful expedition
which have been fitted out IN the United States I
make war upon the Central American States. Ha
one half of the number Of american cltizens, wh
have miserably persisted in the nrst disasiious IL
petition Of General Walker settled IN Nicarssa
as peaceful emigrants the object which we all d
sire would this have been, in great degree 81
complshed. These expeditions have caused The pei
pie Of the Central American States to regard US wit
dread and saspeion. II is our true policy TO remov
,b;s npprehension and to convince them that we il
tend TO do them good, aud not evil Wedesire, as III
leading Power on this continent, to open, and,
need be, to protect every transit route across 10
Ishmus not only for our own benefit but that OF To
world. and thus open free access to Central Amer
ca, and through II to our Pacific possessions. Th
policy was commenced under favorable auspice
when the expedition. under the command Of jener
Walker, escaped from our territories, and Proceede
to Punta Arenas. Should another sxpedition ot
similar character again evade the vigilance OF our
nce-s and proceed 10 Nicaragua, this wouia oe tata
a, least for q season, TO the peaceful settlement
these countries, and TO the policy of American pr
eessfuly conduct the foreign afars of the country
Central America, any where elee, il il 10 to be u