The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-27

high wherever she goes In the matter OF urisdic
ton considered the high part OF the ter
roy OF the country and all on board still within the
the persons on board had before leaving the country
committed an against the laws Of the United States
they WERE whilst under the flag Of the country the high
seas amenable TO its authority they whilst in
the territory OF the United States II was as fully compe
tent TO the law require their arrest on tho high seas as
question seems to have been made, however, in the
present case, whether the law OF April 1878 does au
thorze or direct the Executive 70 use the public force 10
arrest military expedition, unlawful within the meaning
Of the act the high seas ser has left the country
does not law which has remained in oil It's substan
years Intended to coerce on the part Of citizens the
Observance Of existing international relations and thus 70
s secure Who ond
against IT, provided BY deception false or fraudulent
practices they can eude the vigilance Of the police Of the
country, and thereby escape from il chores.
The 9th and 9Th sections Of the above cited OF 1878
the greater part literal transcripts Of sections 9Th
only material alteration being that the of 1894 the
offence Ia confined 70 setting on foot carrying from
or niCus Of any foreign prince or Ssass whilst in ths
act Of 1918 the words are added Of any colony us
'rct or people" with the United States are as peace
lawful expeditions in aid Of the revolutdDs in Mexico
and South America then In arms against the Spanish do
In the eth section Of the present act s1s) II is de-
cared high misdemeanor within the territory juris
dcton OF the United States 70 begin or got on pre-
pare or provide the for any military expedition
enterprise, be carried on from thence against &C. sc
The offence thus clearly defnedhe gist Of being the
ory or Jurisdiction" Of the United States So long II
remained in the United States would be harmless but
limits Of ihs Tinted States the offence would be compets
though it should never have left the country
But, has been remarked, the law would have been
sngularly defective where the end to be attained TO
prevent such expeditions from leaving the country,
successful escape to placed the offender beyond the
reach Of the law On shore he could be arrested by judi
al n 4 hut n
he could only be safely pursued by the naval power
And find accordingly In the eighth section that where
authority is given to the President such person he
shall have empowered for the purpose employ the land
and naval forces Of the United States, the militia to
violation of the provisions of that act where any pro
issuing Of any court Of the United States shall be
dsobeyed resisted when used to carry into effect the
provisions of that section the like power ITO the land
and naval orces) gven ALSO for the purpose OF
venting the carrying Of any such expedition, &c from
the Territories Of the United States against the Territories
or dominions Of any foreign prince" sc.
In the opinion Of the committee, the unlawful expedition
carred on from the territories or Jurisdiction Of the
United States when it continued the high seas,
its way ts destination and after has left the country
and this what the President authorized to prevent by
the of the naval force. The jurisdiction clear and
the mandate s to prevent the expedition being "carred
ona mandate only to be obeyed by arresDg the ship,
with those on board and bringing her back 70 answer the
whole public force Of the United States to put stop to
whilst land and within the ordinary Jurisdiction OF the
country, by the army or the occasion required W the
force No distinction is made BY the terms Of the act
designating when the arm is TO be used when the
other the character Of each imports its appropriate
But after carried from the "terrtories jurisdc-
ton " II was still TO be prevented. Howp By means, of
course adequate to the end By seizure at when car
In the present case, however, appears that Walker
and his followers had effected landing the shores Of
Senr. Amefcn and within s territory Of foreign
As question Of lawful authority, there be
doubt that arrest is lawful unless made within the
jurisdiction Of the country and as little that this arrest
was made without the jurisdiction But the committee
entirely agree with the President that besides the United
can take exception to the act except tn, State whose u
risdicton so invaded Any complaint from Nicara-
qua Of this violation Of her territory should be received
with due respect and, If required due amends should be
made But as between the naval officer who made the
arrest and his own government, whilst the committee
must condemn the not within his instructions and
having warrant In law, still they find everything in
the attendant circumstances 10 show that he acuAted
pure and patriotic motives. and in the sincere
that he was promoting the interests and vindicatng the
honor Of his country"
Allowance too should perhaps be made, in reviewing
this act In the anomalous condition Of the place the
arrest made, and that the landing with hostile
intent against Nicaragua. Although constituting part Of
the territory Of Nicaragua yet il very certain that for
any purpose ofsw or police the government OF tina,
State not present The Pretenson set up by Walker
himself after he landed that he there command
nchief Of the army OF Nicaragua the committee do
not consider worthy OF serious criticism Whatever
himself have had the republic Of Nicaragua, were
ut an end more than twelve months before when he
surrended Whatever authority he bcld and left the
country.
The government de ao the time Of his arrest In
other hands and recognized by this government through
accredited minister Whilst therefore, the committee
would visit with severe rebuke the act OF Captain
Paudlng for the assigned the present deemed
n occasion 70 express on their part the belief that our
to the thanks and support Of the country, Who whilst
keeping the most jealous guard its interests and
honor most careful 10 keep within the pale Of the
laws.
The documents accompanying the message show the
most dgent care on the part OF the President and the
administration faithfully to execute the law OF 1918 in
the sections quoted did the failure either have
arrested the expedition Of Walker before s departure
TO have intercepted II At sea, in the opinion Of the commit
result from any defect In the law In the orders
and instructions Issued under II.
From documents communicated by the executive 10 the
House OF Representatives not embraced within the call
OF the Senate the following facts appear and which the
committee append for information.
The steamer Fashion cleared at Mobile for San Juan
de Nicaragua. Her manifest showed nothing on board
but what the shipper styled assorted CARGO consist
ing OF provisions, groceries household goods domestic
10 her supercago from the shippers (Which amongst
the vessels papers directed him 10 oner the shipment
IN that market for cash. 10 exchange any part Of
H. for the products Of tho country at his discretion
And she 10 take In addition, such passengers might
choose 10 visit Central America Ater the vessel left
the port and while at anchor about six miles below
the town. she again visited by officer Of the
toms, and search Instituted with view 10 discover
whether there thing 70 show that she engage
In unlawful voyage His report was, "that every.
thing board agreed with the manifest deposited In the
custom house by the captain In clearing the vessel" No
arms munitions OF war were discovered, and the pas
(some 40 In number) proessed In oonversatou
10 be emigrants. lot known 10 the Collector that
Walker was board when the vessel sailed
As arms and ammunition, In large supply, were landed
with the cargo the Point Arenas clearly appears that
false manfes used procure the OF the
vessel and also appears that false papers, In the nature
Of instructions 70 the supercsrgo exhibited 70 lu
suspicion as 10 the true character OF the voyage.
The fret act her arrival the OF Nicaragua
and before the vessel came 10 land To detach milf
tary expedition fully armed In boats up the river Colo
rsdo Zone OF the outlets Of the San Juan 10 seize for
LITIGATION inland and 10 command that river the next 70
land Walker and the residue OF his party with their
and equipment ai Punta Arenas, who Immediately
RACED flag and invested himself with all the insignia OF
the camp.
These facts carry with them irresibly the conclusions
first that the expedition escaped by false and deceptive
practices at the Custom House and second, that Tin
violation Of the laws) military expedition begun and
~ Ir.i.a