Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-01-22
xp...,ae,s wueraanau,g Special Message
-, s,n,,trnl American AffnIra.

in response to the call of that body for "tho
facts" in the case:
MESSAGE.
In submitting TO the Senate the papers for
which they have called, deem il proper to
make few observations.
In capturing Gen. Walker and his com
mand. after thew had landed on the soil OF
Nicaragua. Commodore Paulding has, in
nv opinion, committed grave error. IL
Is quite evident, however, from the commu-
nications herewith transmitted, that this was
done from pure and patriotic motives, aud
in the sincere conviction that he was promo
ting the interests and yindicating the honor
of his country. In regard to Nicaragua,
she has sustained no injury by the act Of
Commodore Pauldng. 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 Terrific
ry; and it is quite certain she will never ex-
ercise this right. 1t unquestionably does
not lie in the mouth Of her invaders to
complain in her name that she has been res
cusd by Commodore Paulding from their
assaults. The error of this gallant officer
consists in exceeding his instructions, and
landing his sailors and marinesi in Nicaragua,
whether with or without her consent, for
the purpose of making war upon any mill
tary force whatever which he might find in
tho country, no matter from whcnce they
came. This power certainly did not belong
to him. Obedience to law and conformity
to instructions are tho best and safest guides
for all officers civil or 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 himself at the State
Department on the goth ult., with General
Walker in custody, the Secretary informed
him that the executive department of the
government did not recognize Gen. Walker
as prisoner; that it had no directions to
give concerning him; and that it is only
through the action Of the judiciary that he
could be lawfully held to answer any char
Qes that might be brought against him.
In thus far disappearing of the conduct o.
Commodore Paulding, no inference must
be drawn that am less determined than
have ever been to execute the neutrality
laws Of the United States. This is my i'm
perative duty, and shall continue to per
form it by all tho means which the Consti
tuition and the laws have placed in my pow
er.
Ny opinion of the value and Importance
of these laws corresponds entirely will
that expressed by Mr.. Monroe in his Mes
sage to Congress of December Z, 1879
That wise, prudent, and patriotic Statesman
SAYS: at is of the highest Importance L
our national character and indispensable
to the morality of our citizens that all VIC
lations of our neutrality should be proven
ted. No door should be left open for tn
evasion of our laws, no opportunity afforde
to any who may be disposed to take advau
tage of it to compromit the interest or th
honor of the nation"
The crime of setting on foot or providing
the means for a military expedition with
the United States to make war against
foreign State with whom we are at peace
is one of an aggravating and dangerou
character, and early engaged the attentio
Of Congress. Whether the executive go,
ernment possess any, orwhat power unde
the Constitution, independently of Cor
grsss, to prevent and punish this and sim
lar offenses against the law of nations We
subject which engaged the attention {
our most eminent statesmen in the time {
the administration OF Gen. Washington
and on the occasion of the French Revolt
tiou. The act of Congress Of the 9TH {
June, 1894. fortunately removed all ii
difficulties on this question which had b
fore existed. The 5th and 7th sections
this act, which relate 10 the present questio
are the same in substance with the 9th AT
9th sections of the act of April goth 1871
and have now been in force for n period
moro than sixty ycaIs.
The military expedition rendered GRIN
nal by the act must have its origin, mu
"begin" or be "set on foot" in the Unite
States; but the great object of the law WI
to save foreign States with whom we are
peace from the ravages of these lawess e
pediLions proceeding from our shores. tt
seventh section alone therefore, which sir
ply defines the crime and its punishment
would have been inadequate to accompli'
this purpose and enforce our information
duties. In order to render the law effect
al, it was necessary to prevent "the carryiI
on" of such expeditions to their consumm
ton after they had succeeded in leaving o
shores.
This has been done effectually, and
clear and explicit language, by the autho
ty given to the President under the Sth sc
tion of the act to employ the land and n
val forces of the United States "for the pr
pose of preventing tho carrying on of al
such expedition or enterprise from the te
ritories or jurisdiction of the United Stat
against the territories or domain of any fc
eign prince or State, or Of any colony d
trict, or people with whom the United Stat
arc at peace"
For these reasons, had Commodore Pal
ding intercepted tho steamer "Fashion" wi
General Walker and his command
board, at any period before they entered 4
port of San Juan de Nicaragua, and co
Quoted them back to Mobile, this won
have prevented them from carrying on" t
expedition, and have been not only jus
fable but praiseworthy act.
The crime we'll deserves the severe pu
ishment inflicted upon it by our laws.
violates the principles of Christianity, m'
ality, and humanity held sacred by all C