New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-11


" United States; but l must confess that might
" find myself embarrassed when required TO sst IN
st foreign and neutral port Therefore, must
" be pardoned for soliciting from the Hon. Secre-
" tary Of the Navy answers to certain questions
" and more specific Instructions in the premises.
Those questions th. intelligent officer proceeded to
put, follows:
"Suppose for instance that while lying in a port OF
Central America al American steamer should enter.
having On board large number Of men whom
SUE pect Of being fllbusers people Intending To
land for the purpose Of obtaining possession OF the
country, and OF forming government there; must
seize this vessel, and bring her into port OF the
United States or merely use the force placed at my
command to prevent their landing Ii l. generally
conceded that American citizens have night to travel
and 90 where they please. Suppose that TINS sus-
picious body Of inform that they are gong 10
traye that their intention 70 the Isthmus or
intend TO settle peacesby in the country for the pur
pose of developing it, agricultural resources indeed
that they have been invited TO come and settle there
These and other delicate points and kindred questions
which may suggest themselves to the honorable Sec
retary of the Navy. | deem 1t necessary to be en-
lghtened upon, in order that may not compromise
the Government, and at the same time be enaoied 70
assert and exercise the power intrused to my hands
with due spirit, dignity and ustise'
To these categorical inquiries, thus made by
Lieut. Almy, the Secretary returned the following
brief reply, under date of Oct. ~:
In reply to your letter Of the 9TH inst, it i true
that American citizens have a right to travel and 90
where they please when engaged in lawful pursuit,
but not TO violate the laws oftheir of any other
country. They have right to expatriate and to be-
come citizens Of any country which Is willing TO re-
ceiye them but not to make that right a mere cloak
and cover for warlike expedition against It or Its
Government. Your instructions do not authorize you
to act arbitrarily or upon mere suspicion. You VIII
not seize American vessel or bring her into port,
or the force under your command TO prevent her
landing her passengers upon mere suspicion. You Will
be careful not to interfere with lawful commerce But
where you find that an American vessel Is manifestly
engaged IN carrying on an expedition or enterprise
from the territories jurisdiction OF the United states
against the territories of Mexico, Nicaragua, or Costa
Rcs contrary to the sixth section of the act of Con,
gress of April 90 1873 already referred TO- you VIII
use the force under your command to prevent II, ana
will not permit the men arms engaged ID II, or des-
tined for it, to be landed in any port OF Mexico or Gen.
trail America.
This letter, though explicit enough upon some
questions directly put by Lieutenant Almy fails to
touch at all upon "the other delicate points and
kindred questions" to which he refers, and more
particularly on the very obvious question: what was
to be done, provided Walker was found not at sea
or attempting to land, but actually landed on the
Central American coast But even this common
tary on the circular limited and unsatisfactory as
il was was not sent to the other naval officers, so
that poor Commander Chatard was left with moth
ing for his guidance but the bare circular ITSELF
Can anybody wonder that, as he wrote to Commo-
dore Pauding Z" the circular did not afford him
any ease of mind ?" He was perpleSed with the
same doubts which had occurred to Lieutenant
Almy. The Fashions papers, he wrote, "were
all right" proper clearance, cargo, &C., and
"number of passengers marked on the bills"
"She had been pronounced all right by the Amer
lean Custom-Iiouse officers, and those people
appeared as passengers And no doubt, toe they
urged-what Lieutenant Almy wrote to the
Secretary of the Navy from Mobile was pOut
upon which great stress was LAID by the
friends of the fllibusters there" that Gen. Cass
upon one occasion most explicitly said that Amer
"ican citizens when they emigrate have right to
"take their arms with them" Who can be surpris-
ed that Commander Chatard's position was, as he
wrote, I" one of much embarrassment embar-
ra.sment not merely limited TO the case of Walker
who had already landed, but extending also to the
other vessels which it was said were coming with
reenforcemeIts1 Il might blow steamer and all
"to pieces, but do not feel the circular gives me
1.-the authority ii rs too obscure in its directions to
admit of my proceeding to such an extreme, the
"ony way could interfere. The vessels come
"properly cleared for GreytOwD, are pronounced
d" all right before sailing from the United States,
land i cannot, in my opinion, pronounce them
"wrong and legally act against them" eff any
vessels come in with irregular papers, will de-
tain cargo and passengers on board until your
rival; but do not see the authority to bring
ga ship to with shot and SHE'LL in a foreign port,
at the risk of destroying life and property
After the landing of Walker was known in the
United States fresh orders were dispatched TO
Commodore Paulding, enjoning particular vigilance
in carrying out the instructions already given in
lation to unlawful expeditions. These new orders,
following the reply squeezed out of the Secretary
by Lieutenant Almy, expressly directed the Com
modore not to allow any American vessel manifestly
engaged in any fibuster enterprise to land men or
arms in any port of Mexico or Central America;
but. strange to say not word did they contain as
to the course to be pursued with such as might be
already landed Instead however, of allowing
himself to be puzzled, Like Commander Chatard.
Commodore Paulding had already cut the Gordian
knot He seems to have understood the circular,
the only instructions he had as empowering him,
since it contained no express orders, to the
force at his command in putting stop to the expe
dtion. It remains for Secretary TOucey to demon
strate il be can wherein consists the difference, in
point of law and common sense, between ssizing
Walker and bis men in the harbOr of San Juan,
which be in his exposition of the circular expressly