Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-01-14
President RuchanaM'S Message
ia Relation TO the Arrest OF
General Walker.
WASHINGTON, January Z, 1858.

pers Tor which they have called, L deem
it proper to make a few observations.
In capturing General Walker and his
command, after they had landed on the
soil of Nicaragua, Commodore Paul
ding has, in my opinion, committed a
grave error. 1t is quite evident, how
ever, from the communication herewith
transmitted, that this was done from
pure and patriotic motives, and in the
sincere conviction that he was promo
ting the interests and indicating the
honor of his country.
In regard to Nicaragua, she has sus-
tanned no injury by the act of Commo-
dore Paulding. This has enured to her
benefit, and relieved her from a dread
full 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
unquestionably does not lie in the mouth
of her invaders to complain in her name
that she has been rescued by Commo-
dore Paulding from their assaults.
The error of this gallant officer con-
sists in exceeding his instructions, and
landing his sailors and mariners in Nj
caragua, 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. ODE
dience to law and conformity to instruc-
tons are the best and safest guides for
all officers, civil and military: and when
they transcend these limits, and act up
on their own personal responsibility,
evil consequences almost inevitably fol-
low. Under these circumstances, when
Marshal Rynders presented himself at
the State Department OIL the goth ulti-
mo, with General Walker in custody,
the Secretary informed him that the
Executive Department of the Govern
ment did not recognize General Walker
as a prisoner; that it had no directions
to give concerning him; and that it is
only through the action of the Judicial
ry 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 determin-
ed than [ have ever been to execute the
Neutrality Laws of the United States.
This is my imperative duty, and 1 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 OK
pressed by Mr.. Monroe in his message
to Congress of December Z, 1919. That
wise, prudent and patriotic statesman
says:
at is of the highest Importance to
our national character and indispensa-
BILE to the morality of our citizens that
all violations of our neutrality should
be prevented. No door should be left
open for the evasion of our laws, no OPP
portunity afforded to any who may be
disposed to take the advantage of it to
Leompromit the interestarthe honor of
the nation
The crime of setting on foot OF pro-
viding the means for IA military expedi-
ton within the United States, to make
war against a foreign State with which
we are at peace, is one of an aggravated
and dangerous character, and early en-
gagged the attention of Congress. Whc-
Their the Executive Government posses
SIS any VI nat pow 'h'SI 'hS "
stitution, INDEPENDENTLY of Congress, to
prevent or punish this and similar Of
leuses against the law Of nations. was u
subject which engaged the attention Of
our most eminent statesmen in the time
Of the administration of General Wash
ington, and on the occasion ofthe French
Revolution. The Act Of Congress Of
the 9TH June, 1874, fortunately removed
all the difficulties en- this question which
had heretofore existed.
The sixth and seventh sections of
this act, which relate to he present
question, are the same in substance with
the sixth and eighth sections of the act
of April Goth, 1918, and have now been
in force for a period of more than sixty
years. The military expedition render
ed criminal by the act must have its or
igin, must 'begin'' or abe set on foot
in the United States; but the great OBJ
ject of the law was to save foreign States:
with whom we are at peace, from the
ravages of these lawless expeditions pro
ceeding from our shores. Section sew
enth alone, therefore, which simply de-
signatcs the crime and its punishment,
would have been inadequate to accom-
plish this purpose and enforce our in
ternational duties. In order to render
the law effectual, it was necessary to
prevent "the carrying on" of such ex-
petitions to their consummation after
they had succeeded in leaving our shores.
This has been done etfectually, and in
clear and explicit language, by the au-
thority given to the President under the
eighth 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 territories or jur-
isdiction of the United States, against
the territories or domain of any foreign
prince or State, or of any colony. dis
trict, or people with whom the United
States are at peace
For the reasons, had Commodore
Paulding intercepted the steamer FASH
ION, with General Walker and his com
mand on board, at any period before
they entered the port of San Juan de
Nicaragua, and conducted them back to
" III. IL, ,.o,Jl L,,., rroroptoH tbon