Arkansas true Democrat., 1858-01-19
Message of the President to the Senate in reference to the late arrest of General
 Walker.

2Qe59dgo of the fTe1dent to the senate III reference to the late arrest of General | Walker.
 l In response to call of the Senate, the Presi- dent yesterday transmitted to that body the l correspondence in his possession in relation to the late arrest of General Walker, and accom- 1 panied it with the following message: l MESSAGE.
 | In submitting to the Senate the papers fol which they have called, 1 deem it proper to make few observations.
 In capturing General Walker and his com mand after they had landed on the soil of Nicaragua, Commodore Paulding has, in my | opinion, committed grave error. It 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 vindicatng 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 a dreaded invasion She alone would have any 1 right to complain of the violation of her terri tory; and it is quite certain she will never ex- ercse this right. It unquestionably does not lie in the mouth of her invaders to complain in | ueI name lIldL Sne HdS Ueeu icSCuou py Noiiiio- dore Paul.ng 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 con- sent, 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. | Obedienec 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 lnevlta- bly, follow.
 Under these circumstances, when Marshal Rynders presented himself at the State depart ment on the 29th uit., with General Walker in custody, the Secretary informed him that the executive department of the government did not recognise Gen. Walker as prisoner; that It had no directions to give concerning hlm; and that it is only through the action of the judi ciary that he could be lawfully held in custody to answer any charges that might be brought | against him.
 In thus far disapproving the conduct of Con- modore Paulding, no inference must be drawn that I am less determined than 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 1 these laws corresponds entirely with that ex pressed by MT. Monroe in his message to Con- gress of December 7, 1819 That wise, prudent, and patriotic statesman says: "lt Is of the highest importance to our national character and indispensable to the morality of our citi- zens that all violations of our neutrality should be prevented. No door should be left open for the evasion of our laws no opportunity atlord- ed to any who may be disposed to take advan- tage of 1t to compromit the interest or the honor of the nation."
 The crime of setting on foot or providing the means for military expedition within the Uni ted States to make war against foreign State with which we are at peace is one of an az gravated and dangerous character, and early en- gagged the attention of Congress. Whether the executive government possesses any, or what power, under the constitution, independently of Congress, to prevent or punish this and similar offences against the law of nations, was a sub- ject which engaged the attention of our most eminent statesmen in the time of the adminis- traitor of Gen. Washington, and on the occa- sion of the French Revolution. The act of Congress of the 9th June, 1794, fortunately re-
 
 had therefore existed. The 9th and 7th sec- tions of this act, which relale to the present question, are the same in substance with the 9th and 8th sections of the act of April 2Oth, 1918, 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 foot" in the United States; but fhaf nIa t,f+ +h,1 o;, States with whom we were at peace from the ravages of these lawless expeditions proceedin z from our shores. The seventh section alone, therefore, which simply defines the crime and its punishment, would have been inadequate to accomplish this purpose and enforce our inter- national duties. In order to render the law ef tectual, 1t was necessary to prevent the carry ing on''of such expeditions to their consumma- ton after they had succeeded in leaving our l shores.
 This has been done effectually. and in clear and explicit language by the authority given to the President under the Sth section of the act to employ the land and naval forces of the | n- ted States "tor the purpose of preventing the carrying on of any such expedition or enter prlse from tine tcrntoneS 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 Paulding intercepted the steamer Fashion, with Gen. 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, thls would have prevented them from carrying on" the expedition, and have been not only justltlabe but apraiseworthy act. The CT me well deserves the severe punish ment inflicted upon it by our laws. It violates the principles of Christianity, morality, and hu. manity held sacred by all civilized nations, and by none more than by the people of the United States Disguise 1t as we may, such military expedition Is an invitation to reckless and law. less men to enlist under the banner of any ad- venturer to rob, plumber, and murder the unof- tending citizens of neig ghborng States who have never done them harm. It is a usurpation of the war-making power, which belongs alone to Congress; and the government itself at least in the estimation of the worl,l, becomes an accom- pllce Ill the commission of this crime, unless it adopts all the means necessary to prevent and to punish 1t. It would be far better, and more Tn accordance with the bold and manly charac- ter ot our countrymeD, for the government it. self to get up such expeditions than to allow
 
 sponslble adventurers. We could then, at least, exercise some control over our own agents, and prevent them from burning down cities and committing other acts of enormity of which we have read.
 The avowed principle which lies at the foun- dalton 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 themn Tried by this ,Inerrinu q r,ia we should be severely condemned if we shall not use our best exertons to arrest such expedi- tons against our feeble sister republic of Nica- ragua. One thing is very certan that people never existed who would call any other nation to strlcser account than we should ourselves, for tolerating lawless expeditions from their shores to make war upon any portion of our ter ritories.
 By tolerating such expeditions, we shall soon lose the high character which we have enjoyed ci,, tb ,to f