Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-01-15

In response to the call of the Senate for
the facts in the case. the President, on the
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Walker by Commodore Pauldlng, and ae'
companied it with the following message.
which we reprint from the Washington
urSS.rr
In suomitang to the senate To paPerB
Tor whlsh they have called, deem 4 proper
TO make iew observations.
IN capturing Tenerai " aikeF ana ms eoin-
mhho' n''ef .ney hed isnaeas on .9e sou %
Nicaraeua' SomHoaore Fauiolng mas iE ny
oplhoh' comm'tsea grave error. ~ ia
quite eviuent, however, from tne communi-
cations herewlth transmittea, that tals was
done from pure and patriotic motives, and in
the sincere conviction that heswns promot-
Ing tne interests ana sslno.cat.ng the nonof
o' al country. nfeSarn 10 Nlcarague, sue
has sustained no injury oy the act Of Com-
,nodore Pauldlng ihts has enured TO hef
Dement, ana renewed neF rom areaoeo sn-
Yaslon' one sione wooio nave any Itght -
complain OF tne yiolatlon OF ber tefrtofJi
ana y Is quite certain she VIII never exer-
else this rtsul- 4e ohqueselohaoiy does not
lie III the mouth OF her invaders to complain
n her name tnat she mas 0een rescued oy
Commodore rauiding from tneir assaults
Inc error ot TINS gaiiant olncer consistS va
exceea'ng ms Instructions, anc ianoing ma
sailors anu marines IN nicaragua wnetner
Whh or without her consent tor the purpose
nj
Whatever, ~hlch. ne might nna ia tue coun-
try, no matter IRON whence they came
tttS power certaihiy diu hot oeiohg 10 ninas
Obedience to law aud conformity to in@
strurtions are the best and safest guides for
ail oftieers, civil and military, and when they
trdiseend these limits, and act upon Their
own personal responsibility, evil consequent
ces almosrlnevItaoiy follow
Under these circumstances. when Marslai
Rynders presented himself at the State De-
partment on the 29th ult,, with General
Walker in custody, the Secretary informed
him that the executive department of the
government did not RECOGNIZES Gen. Walker
as prisoner that It had no directions 10
give concerning him; and that it is only
through the action Of the judiciary that he
Gould be lawfully held in custody to answer
any charges thai might be brought against
hi
In thus far disappearing the conduct OF
{ o nmoIore Padding, no inference must bS
drawn that l am less determined than 1
have ever been to execute the neutrality
laws OF the United States. This ia my
imperative duty, and | shall continue e
perform it hp all the mean Ss.hieh =shs Goa
III
puw.r.
My opinitn of the value and importancs
Of these laws corresponds entirely with that
expressed by MIR. Monroe in hls message to
Congress of December z, 1878. That wise,
prudent, and patriotic statesman says :" Is
is of the highest importance to our national
character and indispensable to the morality
of tur citizens that all violations OF our neE'-
tralify should be prevented. No door should
be left open for the evasion of our laws, no
opportunity afforded to any who may be-
disposed TO take advantage Of it to compro-
init the interest or the honor of the nation."
The crime of setting on foot or providins
the means tor a military expedition Within
the United States to make war against a
foreign State with which we are al peace.
is one of an aggravated and dangerous char
aeter. and early engaged the attention Of
Conpress. Whether the executive govern
| ment possesses any, or what power, under
the Constitution, indie pendentIy of Congress.
| to prevent or punish this and similar often.
| ces AGAINST the law of nations was a sub.
iect which engaged the attention of oup
must eminent statesmen in the time of the
| | ,,d d,pinistration of Gen. Washington, and ON
the occasion of the French Revolution.
The act of Congress OF the 9th June, 1894.
fortunately removed all the difficulties on
This on.sIion which had before existed.
The 5,h aud 7th sections of this act, which
relate TO the present question, are the came
! in substance with the 9th and 9th sections
of the net of April goth, 1918, and have novs
been in force Tor u period Of more than sixtF
vears.
Tbe military exnedi,ior rendered crimieef
| bv the ac, must have its origin. must " be.
,,;nm mr. he :. set ON foo,.n In the United
S,.tes. au1 the vreat object of the law was
| ~ s,ve foreign States with whom we weve
| a, na.ca frnm the ravaoes of ,hese lawievs
axnad;,;ons nr,ceed;ng from our ahoree.--
Ths .sv.n,h section al,ne. therefore. which
s;mnlv defines the crime and it's punishment,
would have been inadequate to accomplish,
This purpose and enforce our international
,Iu,i.s In order TO render the law effectual,
!, was necessary to prevent ..thc carrying
ON" Of such. expeditions to their consmma-
linn after thew had succeeded 10 leaving our
sb.,res
| Tbis has heen done effectuaIIv, and In
.,.ar onl ex,lici, languaOe. bv the authority
-, ,,... prss,ds,,, - ~, s,h ..c,;o,,
So" ,,..,Is',J - r,rso-