Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-01-09

body the correspondence in his possession
in relation to the late arrest Of Genera! Wal
ker, and accompanied it with tho following
message:
MESSAGE.
In submitting to the Senate the papers for
which they have called, deem it proper to
make a few observations.
In capturing Gen. Walker and his com
mand, after they had landed on the soil Of
Nicaragua, Commodore Pauljiag has, in my
opinion, committed gravecrror. It's quite
evident however, from the communications
herewith transmitted, that this was done
from pure and patriotic motives, and IN the
sincere conviction that be was promoting the
interests and vindicating the honor of his
country. In regard to Nicaragua, she has
sustained no injury by the act Of C'mmodore
Pauldng. This has enurei to her benefit,
and relieved her from a dreaded INVASION
She alone would have any right to complain
of the violation of her territory; and 1t Is
quite certain she will never exercise this
right. 1t usquestiOuabiy does not lie IN the
mouth of her invaders TO complain in her
name that she has teen rescued Gy COmmo-
dOre Pauldi0g from their assaults. The err
ror Of this gallant officer consists in exceed
ing bis instructions, and landing his sailors
and marines in Nicaragua, whether with or
without her consent for the purpose OF max
ing war upon any military force whatever
which be might find 10 the country, no MAJ
ter from whence they came. This power
certainly did not beIcngto him. Obedience
10 IL iFHrt n 81 rp a
best and safest guides for all officers, civil
and military, and when they transcend these
limits, and act upon their own personal res.
possibility, evil consequences almost lncVlta-
bly, follow.
Under these circumstances, when Marshal
Rynders presented himself at the State De
partment ON the Doth ult., with Gen. Walker
in custody, the Secretary Informed him that
the executive department Of the government
did MT recognise Gen. Walker as prisoner;
that it had no directions to give concerning
him; and that it is only through the action Of
the judiciary that be could be lawfully held
in custody to answer any charges that might
be brought against him.
In thus far disappearing TIC conduct Of
Commodore Pauldng, No inference must be
ever been to execute the neutrality laws Of the
United States. This is my imperative duty,
and | shall continue II perform 1t by all the
means which the constitution and tue laws
have placed 10 my power.
Ny opinion of tho value and importance
of these laws corresponds entirely with that
expressed by Mr. Monroe in his message to
Congress OF December !, 1919. That wise,
prudent, and patriotic statesman says: 1t
is of the highest importance to our national
character and indispensable to the morality
of our citizens, that all violations Of cur neu-
tralty should be prevented. No door should
be left open for the evasion Of our laws, no
opportunity afforded u any who may DC d,-
posed to take advantage of it u compromit
the interest or the honor OF the nariOn.'
The crime of setting on foot or providing the
means for military expedition within the
United States to make war against foreign
State with which we are AZ peace, is one Of
an aggravated AMI dangerous character, and
early engaged the attention OF COngre ,5.-
Whether the executive government possesses
any, or what power. under the constitution,
independently of Congress, u prevent or
punish this and similar offences against the
law of nations, was 4 subject which engaged
the attention Of our most eminent statesmen
in the time of the administration OF General
Washington, and on the occasion OF the
French Revolution. The act Of Congress OF
the 9Th June 1894, fortunately removed oil tho
difficulties on tAis question which had there
toforo cx stcd TIE 9th and Irh sections OF
this act, which relate u the present question.
Il. ,k-l. n nd
Sth sections Of the act Of April 2Oth, 1918,
and have now been in force for period OF
more than sixty years.
The military expedition rendered criminal
By the act must have its origin, must begin
or be "sct on foot in the United States; bot
the great object Of the lnw was to save Tor
cign States with whom wc were at peace
from the ravages of these lawless expedi-
tons proceeding from our shores. The sew
enth section alone, therefore, which simply
dctines the crime and ITS punishment, would
have been adequate to accomplish this pur
pose and enforce our International duties
10 order to render the law ctfectual it wa ne
cessary to prevent "the carrying on" OF
such expeditions to their COusumma ton AFTER
they had succeeded in leaving our shores.
This has ten done Cffectually, and ia clear
and explicit lanauagc, by the authority given
to the President undcr the S,h section Of the
act, u employ the land and naval forces OF
the United States 'for the purpose Of prevent
ing the carrying on Of any such expedition
or enterprise from the territories or jGrisdic-
ton Of the United States against the terrific
ries or domain ofany foreign prince or State,
or any colony, district, or people with whom
L / G.