New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-08
XXXVth CONGRESS-. First Session

MI SEN AkD presented petllIoH '''N'N
of Canandagua, n. y, praying for the adoption OF
some practical measure by which the people OF the
North may cooperate with the people OF the South 10
the extingushment of Slavery, by making iair ana
honorable compensation to slave owners for the fu
value Of their slaves The petition was ordered to lie
on the table
On motion of Mr.. KING, a resolution was adopted
requesting the President to furnish not incompatible
with the public interest copies of the correspondence
and dispatches from our Ministers at the Courts OF
England and France, and other powers on the subject
of the dangers to emigrants arising from contracting
with irresponsible parties for their inland passage.
On motion of Mr.. FOOT a resolution was adopted
calling upon the President to communicate al the
official correspondence Of Robert McLane and Peter
Parker late Commissioners in China, with the State
On motion of Mr.. GWIN, the Committee on For
eien Relations was instructed to inquire into the expe
dency Of making an appropriation by law tor the
compensation to our Minister Penipotentary to the
Empire of Japan, sad for the other ofhcers OF the
United States Government in Japan.
Tie following Message was received from the Presi
| dent:
TIE PRESIDENTS MESSAGE,
In submitting to the Senate the papers for which they
have called, deem it proper to make few observa-
tions. In capturing Gen. Walker and his command
after they had landed on the soil of Nicaragua,
Commodore Pauldng has, in my opinion. committed
q grave error. 1t il quite evident, however, from
the communications herewith transmitted, that this
was done from pure and patriotic motives, AMI ~
sincere conviction that he promoting the inter
ests and indicating the honor OF his country
In regard to Nicaragua, she has sustained no
iniustice by the act OF Commodore Paulding. This
h. enured 10 her benefit, and relieved her rom n
dreaded invasion She alone would nave any and II il
ouite certain that she VIII never exercise 'h' s ~
npouesonaby does not belong to her invaders 10 conf
plain in her name. She has been rescued ny Comno-
ore Pauding from their assaults The error OF TINS
Gallant officer consists in exceeding s instructions ana
landing his sailors and marines IN Nicaragua whether
with or without her consent, loi lne puiPose "
making war upon any military force Whatever Whlch
he ngh find in the country no matter from whence
they came. This power certainly did not belong
to him. Obedience to law and conformity to nstruc-
tions the best guides for all officers, civil ana
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
hmself at the State Department, on the 29th ut.i
with Gen. Walker in custody, the Secretary informed
him that the Executive Department OF the Govern.
ment did not recognize Gen. Walker as prisoner;
that it had no directions to give concerning hlm, and
that II only through the action OF the Judiciary
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 Pauld-
ing no inference must be drawn that | am less de-
tenined than have ever been to execute the neu-
tlalty laws of the United States This Is my i'm
pcratiye duty, and shall continue TO perform It by
all the means which the Constitution and laws
and importance Of those laws corresponds entirely
with that expressed BY Mr. Monroe in his Message
to Congress of Dec Z, 1859. That wise, prudent
ma patriotic statesman says il Is of the highest I'M
Iortance to our national character snd indispensable
20 the morality of citizens that all violations OF
our neutrality should be prevented; no door should
he left open for the evasion of our lava no oppOru-
nity afforded 10 any who may be disposed to take
adv antage of il to compromise the interest or honor
Of the nation; the crime OF setting on foot or provId-
ing the means for military expeditions within the
| n,d States 10 make war against foreign
State with which we are at peace, u one
of an aggravated and dangerous character and early
engaged tie attention of Congress Whether the Ez-
ecutiye possesses any or what power under the Con-
stiuon independently Of Congress, 10 prevent or
punish this and similar ohenses against the law OF
nations wac d subject which engaged the attention
of our most eminent statesmen in the time Of the
Administration of Gen. Washington and on the occa'
sion OF the French Revolution. The act OF Con-
eress Of June 6, 1894, fortunately removed all the
difficulties on this question which had heretofore
i.ted The 5th and 9TH sections of this act, which
relate 10 the present question are the sans IN sub
stauce with the 9th and 9th sections Of the Act Of
April % 1878 which have now been in force for a
period OF more than sixty years The military expe-
dition rendered criminal by the act must have lts
orieiu-must begin or be set on foot IN the United
States but the great object OF the law was TO save for
eipn States with whom were at peace from the raw
ages of these lawless expeditions proceeding from our
shores The Seventh Section alone, therefore, which
simply defines crime and its punishment fully, have
force our international duties. In order to render the
law effectual il necessary to prevent the carry
ing ON Of such expeditions to their consumma-
tion after they had succeeded IN leaving our
.hore- This has been done effcctuslly. and
in clear and explicit language, by the authority
given to the President under the Sh 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 terri
tory or jurisdiction o the United States against the
territory domain OF any foreign Prince or State,
or of any colony, district or people with whom the
United States are Al peace. For these reasons, had
Commodore Pauldng intercepted the steamer Fash
ION 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 Mo-
bile ThiS would have prevented them IRON carry
ing On tie Expedition and have been not only
lust fable but prai-ewOrthy act. TINS well de-
serves the severe punishment inflicted upon It by
our laws. Ii violates the principles OF Christianity
morat, and humanity, he'd sacred by all civilized
nations and by more than by the people OF the
United States. Disguise II a. We may such mill
tary expedition invitation 10 reckless and awiess
me TO enist under the banner OF any adyenturer TO
rob plunder and murder the unOfeIding citizens Of
peigfboring States who have never done them harm.
II i usur alton Of the warmaking power, which be-
longs alone 10 Congress The Gcyernme Ut itself at least
utbe estimation of the world becomes an accOmpLce in
the commission of this crime unless it adopts al the
means Necessary to prevent aud 10 punish H. IL
would he far better and more in accordance with the
bold and manly spnt Of our countrynen for the Gov
eminent Itself to get up such expeditions than 10
allow them 10 proceed under the command Of ire
.pourhe adventures. Wecoud then, a. least exercise
some control over our own agents and prevent them
| from burning down cities and committing other
| acts Of enorInity of which we have read. The
avowed principle which lies at the foundation Of the
Law Of natlt the divine command that all things
"vLatsoeyer We would that men should do to You, do
ye even "a unto them" Tried BY this unerrng rule
| we should be severely condemned II We shall not
use our bet exertious ~ arrest such expeditions
| against our feeble sister Republic OF Nicaragua
One thing is very certain that people never e1'