The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-02-03

ing ''oaTrtei on" when the contend.ng armies
are actually in sight Of each other and ranged in
battle array, and eyen when they are actually
engaged in conflict ] ask whether the Army
and Navy ofthe country cannot Just as wellar
rest the offenders there, for the purpose Of pre-
venting them from carrying on" the expedition
as they can within marine league Of the shore? ?
If We cannot prevent the expedition from being
carried on wherever We find it, then the Ian
guage Of the act is too broad; and if Commodore
Pauldins pursued the words of the act, the fault
is in the law, and not in that noble American
sailor.
The next question that arises is this: Has
General" Walker committed any offence a.
gainst the law Of nations? No man will stand
on this floor and deny that he went with an ar
med force into a country with which this coun-
try was at peace; that lie went into Nicaragua
with body OF soldiers with arms in their hands.
The papers show that he signs his name as COM
mander- in Chief of the army-not as an Qgri
cultural emigrant, not as peaceful man going
TO settle in the country, to till the soil, and to
live there IN peace under the laws as they stand.
On the contrary, he styles himself commander
in chief Of the army Of Nicaragua lie goes in
hostile array to wage war upon that conntry,--
lie goes as military usurper to overturn the
civil institutions Of the country by the toIce OF
Of arms, and to hold 1t by conquest. This is
his offence againstS the law Of nations, and the
laws of our country.
Then the question arises as to the legality Of
his arrest. | maintain that this is the doctrine
Of the law, and tl:at no man coatroyert it: that
the right Of nation TO arrest a criminal who
has committed an oilenSe against It's laws is al
aCays peJcct; that it Grists evrylsheYe; and that
you can arrest that criminal a0Lersaer he is tCani
anywhere on the broad earth. But that right
Of arrest is subject to q limit What is the lin
it? In certain caSes-mark, do not say in all
cases, but in certain c0Ses-the right OF arrest is
in S@j0fa5nGijoE to the sQpereigi1ty Of tie coaat'V
iclteye tie arrest is m0l. a criminal escapes
rom this country to England The sovereign
ty OF England may iutcrpo<e TO prevent his ar
rest; but Jettpeea the criminal ard the cdunt1y our
right to arrest him is as perfect as it ever was
just as perfect as it would be in the streets Of
Washington, or in the city of New York Itis
the same in London. 1t is the same in rckin.
We never loose that right OF arrest; we cannot
lose it, in any shape, unless we rehnqush it.
But said that, in certain cases, it was in
SHJoftiiRation to the right Of the nation where
the arrest is made. 1t is SO whenever the SOW
creisnty of that nation will protect the criminal
Our right 90 arrest q criminal beng perfect
right, sulSistiBg everywhere, wherever crin-
nal is found, whe her on the high seas, in the
territory Of England, or in the territory of Nj
caragua it follows that General Walker can he
arrested, unless the sovereignty Of the nation
where lie is found protects him. Let me illus.
tIale; let me proove il beyond perad,enture; and
DEFY g,nlemen to di>prove my position. On
what principle do all our extradtion treaties
prceel? They proceedIpon the principle that
the right OF arrest is perfect eyerywheie; that
Governments have the ight to arrest crimi
nal vile, ever lie IS found, subject only to the
limitation OF the sovereignty Of that nation; and
all that is alta ned by cXttpdni,n tlcatics isSim;
ply the consent If tie nation b hHnp hat souer-
ejgpiy and permit the arrest. That is all. Stcl
treaties are everywhere acknowledged as legal
and proper and This proves most incontestlbIs
that the right OF arrest exists every where. A
man escapes ION England to this country and
under the eXtrad to ntreaty that exists between
us lie is arrested and taken back; does that yio-
late any right Oh the part Of The criminal? Not
at all. He ncverhad any. The tight Of Eng
land TO have a criminal arrested hero. for an OF:
euSe committed within her Borders, is perfect
right; and the treaty did not make it any more
perfect.
1t was only Cor the time being in suhorlina-
ton to the sovereignty Of our country; and that
sovereignty being Withdrawn, the arrest, ii
such circumstances, is a complete and legal ar
rest, and no defence could be set up against il
in any court. Then the question arises, wher
does the sovereignty Of nation protect a refn.
gee? When is a criminal shielded from arres
by the sovereignty of the ration in which he
has taken refuge? Wien he goes into coun
try TO attack The sovereignty of such nation
then the sovereignty of the nation Will not pro
tect him. lf General Walker committed al
offence against the laws ofhis country, and theT
went into the territory Of Nicaragua n defiance
! ofher laws, there is no man on earth who woult
pretend to say that the laws Of Nicaragua would
shield the man who comes to attack and destroy
those very laws. That would be a monStrou.
exercise of sotereignty-a Sovereignty throw
the shield Of protection around the villain wht
was stabbihg it to the heart! Think Of mar
setting up as his deenSe from arrest the protec
ton Of Government which he was laboling L
destroy. The man who was aiming to blot on
tile nationality Of Nicaragua claiins that thi
natonalty protects hin. This is not the OBJ
ject Of national sovereignty, and tits strans
Eperyersion Of terms to claim such an Office io
| it. No nation evt throws the Shield OF pro
lection over a man who comes to attack and de
stroy it. ~ V''''0'''" .' s''-''''
In 1915, during the war with Great. Britain
one of our privaleeis captured the British shii
/ Anne, in one Of the haibors Of st. Domingo
within less than a marinele league from theshore
The owners Of the Anne contested the right c
the eaptofs, on the ground that the capture wa
made on neutral ground, and that our priya'eer
had no right TO take an enemy's ship in the har
bors Of st. Domingo. The case was tried i
~,
49, That court decided thatthe Anne was
legal prize, because the right to siezea cremy'
ships was good everywhere; that although tn
capturing oflthe Anne might be a breach Of til
neutrality Of st, Domingo, yet that did not de
{ priye the .Amercanprivateers OF their right
/ take and hold the ship of an enemy, This cas-
will be found in 8 Wic ton, page 43G.i ga lli
II The doctrine Of This case is identical wit
that for which I.eon,snAed, except that in tina
case st. Domingo might complain OF an invasio
q hqrisholes, But IN this case Nicaragua car
N not complain, because the arrest Of GeneTi
u Walker was for her benefit, The law Of na
ttions imposed the dutyof arrest on US, to pro
tect Nicaragua; and she never could set up thi
protection as a cause orcomplaint, Qnthe cor
trarp, she approves of ourconduct, and thank
US lor rcscning her from the horrors OF civil wa
waged by tnercenary band Of outlaws. h 1
I 5, Let ne illustrate further. The law Of nation
4 makes it our duty Plepeat our citizens tror
Icommitting actsof hostility against nations wit
J which,we ore at peace, We are bound to PEI
: liorln that duty wheaeSer The offenders may B
(onnd, ~ be arrest must be made, the waJET
must be stopped. Whether These who engage !
may be foppdon the high seas, in our own conn
TRY, or in the country agai nst which the war
being CARED ON. We arc. bound todpii it for
il our duty. Let me illustrate by . Lamiliarex
ample. lam passing By the hons, 0f 4 !, sneigh