New Orleans daily crescent., 1858-01-19

ments transmitted TO the senate In refer
ence TO the late arrest OF Gen. Walker.
In response to call Of the Senate, tho President,
on the 7th, transmitted to that body the correspond
ence in his possession u relation to the late arrest of
Gen. Walker and accompanied it with the following
MESSAGE.
In submitting TO the Senate the papers for which
they have called, deem it proper to make few OBJ
servations.
In capturing Gen. Walker and his command, after
they had landed on the soil Of Nicaragua Commodore
Paulding has, in my opinion committed grave err
ror IL is quite evident, however, from the communi-
cations herewith transmitted that this was done from
pure and patriotic motives and n the sincere convc-
ton that he was promoting the interests and vindca
ting the honor Of his country. In regard TO Ncara-
qua she has sustained no injury by the act Of Com.
modore Padding. This has enured 10 her benefit
and relieved her from dreaded invasion. She alone
would have any right to complain Of the violation Of
her territory and It is quite certain she will never
exercise this right. II unquesonably does not lie in
the mouth OF her invaders to complain In her name
that she has been rescued by Commodore Paulding
from their assaults The error of this gallant officer
consists IN exceeding his Instructions and landing his
sailors and marines in Nicaragua, whether with or
without her consent, for the purpose Of making war
upon any military force whatever which he might
hnd in the country, no matter from whence they
came. This power certainly did not belong TO him
Obedience to law and conformity TO instructions are
the best and safest guides for all officers civil and
military, and when they transcend these limits, and
act upon their own personal responsibility, evil con-
sequences almost inevitably follow.
Under these circumstances, when Marshal Rynders
presented himself at the State Department on the
29th ult. with General Walker In custody the Secre
tary informed him that the executive department OF
the government did not recognize Gen. Walker as
prisoner; that it had no directions to give con
cerning him and that II Is only through the action
OF the Judiciary that be could be lawfully held in GUS
tody TO answer any charges that might be brought
In thus far disappearing the conduct Of Commo-
dore Pauding, no inference must be drawn that am
less determined than have been TO execute the
neutrality laws of the United States This is nv i'm
perative duty and shall continue to perform It by
all the means which the constitution and the laws
have placed in my power. .s., ,.--e
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 T.
1919. That wise, prudent and patriotic statesman
says: " 1t is Of the highest Importance to ma
tiona character and indispensable to the morality OF
our citizens that all violations Of neutrality
should be prevented No door should be LETT open for
the evasion of our laws, no opportunity afforded TO
any who may be disposed take advantage of it TO
compromit the interest or the honor Of the nationr
The crime OF setting on foot or providing the
for military expedition within the United States to
make war against foreign State with which we are
at peace, il one of an aggravated and dangerous
character, and early engaged the attention of Con
gTess. Whether the executive government possesses
any, or what power, under the constitution, inde-
pendently e Congress, TO prevent punish this and
similar oifenses against the law OF nations, sub
ject which engaged the attention OF our most emf.
nent statesmen In the time Of the administration OF
Gen. Washington, and the occasion OF the French
Revolution. The act Of Congress of the 9th June
1874, fortunately removed all the difficulties this
question which had therefore existed. The 9Th and
9Th sections Of this act, which relate to the present
question, the same in substance with the 9Th and
Sth sections Of the act Of April 20tb 1873 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 ''set on
foep y in the United States; but the great object of
the law was to save foreign States with whom we
were at peace from the rayAges OF these lawless
petitions proceeding from our shores. The seventh
section alone, therefore, which simply defines the
crime and its punishment, would have been made.
quate TO accomplish this purpose and enforce our
international duties. In order to render the law e
fectual, it was necessary TO prevent the carrying
on of such expeditions to their consummstion after
they had succeeded in leaving our shores.
This has been done efiectualy, and In clear and ex
plicit language by the authority given 10 the Pres
dent under the sth section Of the act to employ the
land and naval forces of the United States for the
purpose of preventing the carrying on OF any such
expedition enterprise from the territories juris
dicon Of the United States against the territories or
domain of any foreign prince or State, Of any col
ony district or people with whom the United States
are at peace"
For these reasons, had Commodore Pauldine inter
cepted the steamer Fashion with General Walker and
his command on board at any period before they en-
tered the port OF San Juan de Nicaragua and con-
Quoted them back TO Mobile, this would have pre-
vented them from carrying on the expedition and
have been not only justiiiable but prsseworthy
act
The crime well deserves the severe punishment in
hicted upon it by laws II violates the principles
of Christianity, morality and humanity, held sacred
by all civilized nations, and by none more than by
the people of the United States. Disguise it as we
may, such military expedition Is an invitation to
Nd
any adventuFer TO rob, plunder and murder the uno
tending citizens of neighboring States who have
never done them harm. 1t ia q usurpaton of the
war-making power which alone belongs TO Congress
and the Government ITSELF at least in the estimation
OF the world, becomes accomplice 10 the commits
sion Of this crime unless it adopts all the means ne
cessary to prevent and to punish it, 1t would be far
better, and more in accordance with the bold and
manly character OF our countrymen for the Govern
ment itself to get up such expeditions than to allow
them TO proceed under the command OF irresponsible
adyenturers We could then at least, exercise some
control over agents, and prevent them from
burning down cities and committing other acts of
enormty OF which we have read
The avowed principle which lies at the foundation
of the law OF nations is contained in the Divine COM
mAnd that " all things whatsoever We would that
men should do to you, do ye to them.' Tried
by this unerring rule, should be severely con-
demned il we shall not best exertions to ar
rest such expeditions against feeble sister repub
lie of Nicaragua. One thing is very certain that
people never existed who would call any other nation
to stricter account than we should ourselves for
toerating lawess expeditions from their shores to
make war upon any portion of our territories.
By toerating such expeditions, we shall soon lose
the high character which have enjoyed ever since
the days Of Washington for the faithful performance
Of our international obligations and duties and in
spire distrust against among the members of the
great family of civilized nations
But il motives of duty were not sufficient to re-
strain US from engaging in such lawess enterprises
our evident interest ought TO dictate this policy.
These expeditions are the most effectual mode of re-
tardng American progress although to promote
this is the avowed object Of the leaders and contrbu
tors in such undertakings.
1t is beyond question the destiny of our race to
spread themselves over the continent of North
America, and this at no distant day. should events
be permitted to take their natural course The tide
OF emigrants will flow TO the South and nothing can
eventually arrest its progress. If permitted TO 20
there. peacefully, Central America will soon contain
an American population which will confer blessings
and benefits as well upon the natives their respect
i've governments Liberty under the restraint of law
will preserve domestic peace whilst the different
transit routes across the Ishmus in which We are 60
deeply interested will have assured protection.
Nothing has retarded this happy condition of affairs
20 much as the unlawful expeditions which have
been fitted out in the United States to make war
upon the Central American States. Had one-half
OF the number of American citizens who have mis-
ersbly persisted in the first disastrous expedition Of