The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-14

was VIGOROUSLY engaged in fitting ont within
the United States an expedition against Mica
ragus; made no secret of bis purpose to con-
duct from our shores armed men to invade her
coll; was arrested for violation of the neu.
trality law; was held to bail for his appearance
for trial; forfeited his BAIL eluded the vigilance
OF the officers of tie United States, escaped
from our shores, carried with him men and mu-
nitions of war, landed in Nicaragua, and began
hostilities, against law; was seized, brought
back to this country, informed by the Secretary
OF State that he had nothing to do with him
was released from all restraint continues in
Washington, doing what he can to win sympa.
thy and support: writes letter to the Presi.
dent, in which he announces that he will do Just
what he was arrested in New Orleans for do
ing; that he will persist in course of action
which the President has proclaimed to be vi
olatlon OF the Neutrality Law. All this has he
done, all this he pledges himself to do and yet
the President has no word to say in Reproduction
OF his conduct, no recommendation to make
that he be proceeded against at once, according
to law. To what but inexcusable timidity are
we to attribute this extraordinary omission to
notice in proper way the conduct of this Grim.
inal?
But, the Administration is blameworthy for
another reason. Its general instructions for the
enforcement of the Neutrality Law were utterly
insufficient. It blsmes Commodore Paulding
for I" q grave error" when it ought to blame
itself for grave omission. The instructions
under which that officer acted were containe d
in circular, addressed by the State Depart
various points, and are as follows:
WASHINGTON, Sept. Is, 1857.
SIR: From information received at this De-
partment, there is reason to believe that law
less persons are now engaged within the limits
OF the United States in setting on foot and pre-
pairing the means for military expeditions to be
used against the Territories of Mexico, Nicara
qua. and Costa Rica-Republics with whom
the United States are at peace-in direct VIC
lation of the sixth section of the act of Con
gress approved 2Oth April, 1918. And, under
the eighth section of said act, it is made lawful
for the President, or such persons as he shall
empower, TO employ the land and naval forces
OF the United States, and the militia thereof
:" tor the purpose of preventing the carrying on
OF any euch expedition or enterprise from the
Territories or Jurisdiction of the United States.
l am therefore directed by the President to
call your attention to the subject, and to urge
you to use all due diligence and to avail your
self CT all legitimate means at your command
to enforce these and other provisions of the said
act OF 10th April, 1918, against those who may
be found to be engaged in setting On foot OF
preparing military expeditions against the ter
ritories of Mexico, Costa RIGA, and Nicaragua
60 manifestly prejudicial to the national char
acter and so injurious to the national interest
And you are hereby instructed promptly to com
municate to this Department the earliest inform
alton you may receive relative to such expedi
tons. am, sir, your obedient servant,
LEWIS CAss.
There is nothing specific in these instructions
They refer to the law, and impose upon the off
Ger the duty to enforce it's provisions. Wha
these provisions are, what acts they authorize
who are the offenders against them, on wha
evidence they are to be deemed offenders, anG
where the provisions ere to be enforced, are
points left to the judgment Of the officer. HI
must decide and act on his own responsibility
The Administration gives him no light, and
we hold, has no right to call him to an account
for transcending his instructions. He did mo-
transcend his instructions, for they imposed nc
limitation upon him except the law, and this be
was left at liberty to construe for himself.
One officer Lieutenant Almy, more cautious
than the rest, fcresaw the difficulties into which
he might be led by acting upon instructions SC
indefinite. Acknowledging them, in letter te
Secretary Toucey, of October 7th, he says, they
are plain enough for the government of officers
within the jurisdiction of the United States, but
beyond it, how is he to act?
"Suppose, for instance, while lying in por
ofCentral America an American steamer should
enter, having on board large number of mer
whom l suspect of being fiibusters '-people
intending to land for the purpose of obtaining
possession of the country, and of forminga Gov
eminent there; must l seize this vessel, and
bring her into port of the United States, OF
merely use the force placed at my command to
prevent their landing?
1t is generally conceded that American
citizens have right to travel and 90 where
they please. Suppose that this Suspicious body
of men inform me that they are going to travel
that their intention is to cross the isthmus, OF
Intend to settle peaceably in the country for the
purpose of developing its agricultural resources
indeed, that they have been invited to come
and settle there.
"These and other delicate points and kin
dred questions, which may suggest themselves
to the honorable Secretary of the Navy, l deem
it necessary to be enlightened upon, in orde,
that l. may not compromise the Government
and at the same time be enabled to assert and
exercise the power intrusted to my hands with
due spirit, dignity, and Justice"
To these inquiries, Mr.. Toucey, October 18th
replied as follows
SIR: In reply to your letter of the 7th inst.
it is true that American citizens have right te
travel and go where they please, when engaged
III lawful pursuit, but not to violate the laws Of
their own or of any other country. They have
right to expatriate and to become citizens o.
any country which is willing to receive them
but not to make that right a mere cloak and
cover for warlike expedition against it or its
Government. Your instructions do not au
thorize you to act arbitrarily or upon mere
suspicion. You will rot seize an American
vessel, or bring her into port, or use the force
under your com mand to prevent her landing
her passengers, upon mere suspicion. You will
be careful not to interfere with lawful com
merce. But where you find that an American
vessel is manifestly engaged in carrying on an
expedition or enterprise from the territories CT
jurisdiction Of the United States, against the
territories of Mexico, Nicaragua, or Costa Rica
contrary to the 9Th section of the act of Con
gress of April 20, 1918, already referred to-
you will use the force under your command to
prevent it, and will not permit the men or arms
engaged in it, or destined for it, to be landed
in any port of Mexico or Central America.
En- route for Chiriqu, you will touch a,
Mobile and New Orleans, and communicate