The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-08

In response to a call of the Senate, the President
yesterday transmitted to that body the correspond
enee in his possession in relation to the late arrest
of General Walker, and accompanied it with the fol
lowing message:
MESSAGE
In submitting the Senate the papers which they
have called deem ii proper To make few observations.
la capturing General Walker and his command after
they had landed the soil OF Nicaragua, Commodore
Pauding has, in my opinion, committed grave error,
Ii is quite evident however, from the communications
herewith transmitted, that this done from pure and
patriotic motives AMI in the sincere conviction that he
promoting the interests and vndcatng the honor Of
his country In regard to Nicaragua she has sustained
no injury by the act OF Commodore Panlding 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 exercise this right 1t unquestonaby
does lie in the mouth of her invaders to complain in
her that she has been rescued by Commodore Paud
ing from their assaults Tho of this gallant officer
consists in exceeding his instructions and landing has sail
and marines in Nicaragua, whether with without
her consent, for the purpose of making upon any
military force whatever which he might find in the
try matter from whence they This power
tainly did not belong 10 him. Obedience TO law and
ority to instructions the best and safest guides for
all officers, civil and military, and when they transcend
these limits and act upon their personal response
bility, evil consequences almost inevitably follow
Under these circumstances when Marshal Rynders pre-
sentcd himself at the State Department the 29h ut
with General Walker iii custody the Secretary informed
him that the executive department of the government
did not recognise Gen Walker prisoner that it had
directions to give concerning him and that 1t Is only
through the action of the Judiciary that he could be law
fully held in custody to any charges that might
be brought against him.
In thus far disappearing the conduct Of Commodore
Pauding inference must be drawn that am less de
ermined than have been to execute the neutrality
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
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 1919
That wisc prudent. and patriotic statesman says sit is
of the highest importance to national character and
Indispensable To the morality of citizens that all vio
ations Of neutrality should be prevented No door
should be left open for the evasion Of laws, oppor
tnity afforded TO any who may he disposed to take aid
vantage Of it to compront the interest the honor of
the nation.
The crime Of setting foot providing the for
a military expedition within the United States to make
war against foreign State with which at peace
is one of aggravated and dangerous character and
early engaged the attention Of Congress. Whether the
executive possesses any what power under
the constitution independently of Congress- to prevent
punish this and similar offences against the law Of
tons, subject which engaged the attention Of our
most eminent statesmen in the time of the adnnista
ton Of Gen. Washington, and the occasion Of the
French Revolution. The act OF Congress of the 5th
june 1894, fortunately removed all the difficulties
this question which had therefore existed The 9Th and
7th sections OF this act which relate 10 the present ques
ton, the in substance with the 9Th and sth
sections of the act Of April goth, 1878, and have
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 foot in the
United States but the great object Of the law to
save foreign States with whom We're at peace from
the rvages of these nwless expeditions proceeding from
shores The seventh section alone, therefore, which
simply defines the crime and its punishment would have
,,,In
international duties In order to render the law eff
fectua it necessary to prevent " the carrying on
of such expeditions to their contamination after they had
succeeded in leaving shores
This has been done eifectualy and in clear and
plict language by the authority given to the President
under the s section of the act to employ the land and
naval forces Of the United States for the purpose Of pre-
venting the carrying of any such expedition enter
prise the territories Jurisdiction Of the United
States against the territories domain OF any foreign
prince State Of any colony, district people with
whom the United States are at peace
For these reasons, had Commodore Pauldng intercept
ed the steamer Fashion with General Walker and his
command board any period before they entered the
port Of San Juan dc Nicaragua and conducted them back
to Mobile, this would have prevented them from carry
ing on the expedition, and have been not only usti
able but praiseworthy act. ~
The crime well deserves the punishment inct
ed upon it by laws 1t violates the principles of
Christianity morality and humanity held sacred by all
civilized nations and by than by the people Of
the United States Disguise it may, such militia
~ expedition nm invitation to reckless and awess men
to enlist under the banner of any adveRturer to rob-
plumber and murder the unofending citizens of neigh
boring States who have done them harm 1t is
usurpation Of the warakng power which belongs alone
to Congress and the government ITSELF at least in the
estimation Of the world becomes accomplish 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 in accordance with the bold and manly
character Of countymen for the itself to
get up such expeditions than to allow them to proceed
could them ut least exercise control
agents and prevent them from burning down cities and
committing other acts of enormity Of which have
read.
The ayowed principle which lies at the foundation of
the law Of nations il contained in the Divine command
that call things whatsoever e would that should do
to you do We even to them Tried by this unerrng
rule, should be severely condemned If shall not
best exetons to arrest such expeditions against
feeble sister republic of Nicaragua. One thing is
very certain that people existed who would call
any other nation to sricter account than should
ourselves for toerang wess expeditions from their
shores to make upon any portion of territories
BY oleratng such expeditions, we shall lose the
high character which have enjoyed since the days
of Washington for the faithful performance of inter
national obligations and duties and inspire distrus
against among the members Of the great family of civ
ilized nations 4H
But If motives of duty sufficient to restrain
from engaging in such lawless enterprises evident
interest ought to dictate this policy These expeditions
the most efcctual mode of retding American pro-
gress although TO promote this is the avowcd object of
the leaders and contributors in such undertakings
II is beyond question the destiny Of spread
IF