The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-14


The Free State men seem to have been divided
upon the policy of voting for State officers on
January 4th but the report is, as we go 10
press, that the enemies of the Lecompton Con-
stitution have triumphed.
MESSAGE OF THE PRESIDENT ON NIcARA-
GUAM AFFAIRS.
WASHINGTON, Jan. Z, 1858.
In submitting to the Senate the papers for
which they have called, deem it proper to
make few observations.
In capturing General Walker and his com
mand after they had landed on the soil OF Mic
aragus, Commodore Pauldipg has, in my opln'
ion, committed a grave error. 1t IS quite
evident, however, from the communications
herewith transmitted, that this was done from
pure and patriotic motives, and in the sincere
conviction that he was promoting the interests
and vindicating the honor of his country.
In regard to Nicaragua, she has sustained
no injury by the act of Commodore Paulding.
This has enured to 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. 1t PROFESSIONALLY
does not lie in the mouth of her invaders 10
complain in her name that she has been res
cued by commodore Paulding from their as.
saults. The error of this gallant officer con-
sists 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 find 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
consequences almost inevitably follow. Under
these circumstances, when Marshal Rynders
presented himself at the State Department on
the 10Th ultino, with General Walker in custo-
DIV, the Secretary informed him that the Elk.
ecutive department of the Government did
not recognise General Walker as q prisoner !;
that it had no directions to give concerning
him and that it is only through the action of
the Judiciary that he could be lawfully held in
custody, to answer any charges that might be
brought against him.
In thus far disappearing the conduct of
Commodore Paulding, no inference must be
drawn that / am less determined than l have
ever been to execute the neutrality laws of the
United States. This is my imperative duty,
and shall continue to perform it by all the
means which the Constitution and the laws
have placed in my power. 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 I, 1919.
That wise, prudent, and patriotic statesman
says:
at is of the highest Importance to our
national character, and indispensable to the
morality of our citizens, that all violations of
our neutrality laws should be prevented. No
door should be left open for the evasion of our
laws; no opportunity afforded to any who may
be disposed to take advantage Of it to compro-
NIT the interest or the honor of the nation"
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 at peace, is one of an
aggravated and dangerous character, and early
engaged the attention of Congress. Whether
the Executive Government possesses any, or
what power, under the Constitution, independ-
emily of Congress, to prevent or punish this and
similar offences against the law of nations, was
subject which engaged the attention of our
most eminent statesmen in the time of the adj
ministration of Gen. Washington, and On the
occasion of the French Revolution. The act
of Congress of the 9th June, 1874, fortunately
| removed all the difficulties on this question
which had heretofore existed. The 9Th and
Eth sections of this act which relate to the pres
ent question. are the same in substance with
the 9Th and 9Th sections of the act of April 10th,
| 1918, and have now been in force for a period
of more than sixty years. The military expedi-
ton rendered criminal by the act must have its
origin, must begin" or "be set on foot in
the United States; but the great object of the
| law was to save foreign States with whom We
were at peace from the ravsges of those lswless
| expeditions proceeding from our shores. The
| 7th section alone, therefore, which simply de-
| fines the crime and it's punishment, would have
| been inadequate to accomplish this purpose and
enforce our international duties. In order to
! render the law effectual, it was necessary to
prevent "the carrying on" of such expedi.
tons to their contamination, after they had sue.
ceeded in leaving our shores. This has been
done effectually, and in clear and explicit Ian.
guage, by the authority given to the President
under the 9th 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 or enterprise from the terri
tories 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 the United States are at peace"
For these reasons, had Commodore Paudng
| intercepted the steamer Fashion with General
Walker and his command on board, at any
period before they entered the port of San
Juan de Nicaragua, and conducted them back
| to Mobile, this would have prevented them from
carrying on the expedition, and have been
not only justifable but praiseworthy act
The crime well deserves the severe punish
| ment inflicted upon it by our laws. 1t violates
| the principles of Christianity, morality, and
humanity, held sacred by all civilized nations,
aud by none more than by the people of the
United States. Disguise it as we may, such q
military expedition is an invitation to reckless
| and lawless men to enlist under the banner of
| any adventurer, to rob, plumber, and murder the
| unoffending citizens of neghboring States who
| have never done them harm. 1t is usurpa-
| ton of the war-making power, which belongs
| alone to Congress; and the Government itself,
| at least in the estimation of the world, becomes
| an accomplice in the commission of this crime,
| unless it adopts all the means necessary to
prevent and to punish it.
1t would be far better, and more in accord
ance with bold and manly character of our
| countrymen, for the Government itself to get
up such expeditions, than to allow them to
proceed under the command of irresponsible
adventurers. We could then at least exercise
| some control over our own agents, and prevent
them from burning down cities, and commit.
| ting other acts of enormity of which we have
read.
The avowed principle which lies at the found
| alton of the law of nations is contained in the
Divine command, that all things whatsoever
ye would that men should do to you, do ye even
so to them" Tried by this unerring rule, we
| should be severely condemned, if we shall not
| use our best exertions to arrest such expedi
| tons against our feeble sister Republic of
Nicaragua. One thing is very certain, that
people never existed who would call any other