The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-26


December Is, 1851;
regard other hight han
outlaw ho had escaped from me vigilance Of u. om1st ~ s
w and redeem the honor Of
country than by dsarrnins and sending them home
doing sensible Of tho responsibility that have incurred
confidently the government for my Juulcaton
Waker came Point Arenas states having
la,ion OF law military organization make
people whom at peace He landed there with armed men
and munitions Of war N defiance m guns wa" placed
wilh nothing that by authority
camp Nearasn aag called the headquarters Of
Nicaragua" and signed himself the commander chief
and things within sight Of his nag Without right
% asa o Is s = tine % q ns s an "a.
goods Of merchants transit the Interior killed ana made
of the peaceful Inhabitants sending the harbo III San
del Nore thirty forty aud children IN tho
In things without, The show Of authority they
guilty of apne and murder and must be regarded outlaws aud
pirates They claim other light
Humanity volt law and and national honor demanded
the dispersion OF these hwess
conveyed this ship last New York and their sui
'n are yet & n s . nsnE 2, AL on board :.
unonendng people these awess followers OF General
Walker misguided deceived crime would
persisted America fostering
bodies have been brought back to their friends at the their
the above which TO my mind quite sufficient
dGrmd and the United States Gen William Walker and
his outwed pratca
government its wisdom may think proper 10 pursue
The provisions stores and munitions found in Walkers
camp and the point claimed belonging to his party
conveyed board the United States ships
They consisted Of provisions and stores of various kinds
and in large quantities, with arms and ammunition and
other military equipment, in amount apparently suited
to the number of his and for military ncursion.
After the arrest Walker allowed at his request to
find his to the United States his parol that
he would deliver himself up, with note from Captain
Pauldng, to the marshal of the United States at New
York This was done. The marshal conducted him to
Washington where the Secretary of State declined TO in
terere require his further detention and he
discharged accordingly The residue of the party cap
tured with him brought to Norfolk in the Sara
toga The correspondence shows nothing further in
laton to those but from other the commit
tee learn that further detention of them author
lied by the Executive and they allowed to leave
the ship at their pleasure
Having thus stated what are considered by the CON-
mttee the material facts shown by the documents
panyng the message, far necessary to show the
adopted by the Executive to enforce the laws
prohibiting he setting foot within the United States
and the carrying from the territories jurisdiction of
the United States any military expedition against
lions with whom at peace and the facts attending
the arrival of Walker and his party ut Nicaragua their
rest within the territories of that republic by
forces and their being brought back to the United States
the committee proceed next to review the policy connected
herewith and the conclusions arrived at the
set forth in the message of the President.
The 9Th and 9Th sections of the act approved April co.
Sl8 entitled San in addition to the for the pun
ishment of certain crimes against the United States
referred to in the message and in the circular of nstruc
tons from the Department of State conrerrng power
the President and making it his duty, by the of
the public force to prevent unlawful military expeditions
within the meaning of the act from being '.set foot
within the United States from being 'carried on
beyond the limits and jurisdiction of the United States
These sections for convenient reference, here
recited
SEC g. And further enacted Tina, shall, within
the territory jurisdiction Of the United States begin foot
provide prepare the military expedition
TO be carried from thence against the
with whom the United States offending
shall be deemed guilty high msdemeanor
And further enacted every ease in which
vessel shall be fitted and armed to be
armed Or in which the force Of any vessel Of cruiser other
expedition shall be begun contrary
ashp within protection tho
United States as before defined and in which
process issuing any the be
dsobeyed BY any person persons having the
foreign prince State any colony, district people
subjects citizens Of foreign pnco state
tho United states sS SsI persona sa II sa
or naval forces Of the United or Of the militia thereof the
Of taking possession Of and OBTAINING ship
hbion penalties ACT aud the restoring The prize Or
TIM inc sasss w M sn have D.
lion enterprise from tho territories jurisdiction the
States the territories prince
STATE Of colony district people with whom the
states at peace
The committee of opinion that the last clause Of
section fully warranted the instructions given to the
| civil and military authorities by the circular quoted
and those to Lieutenant Ay prevent the landing Of
any unlawful military expedition from the United States
in any part of Central America far it imported the
arrest of such expedition the high and beyond the
territorial jurisdiction of the country and they are fur
Their of opinion that under the obligation of the President
to take that the laws be faithfully executed with
the powers confded to him 10y this eighth section was
incumbent him to order the naval forces pursue any
such expedition which should leave the country and in
tercept and arrest them anywhere on the high seas
The ship which carried Walker and his party from the
country American vessel and cleared such
Alabama, flag.
and it is clear principle of law that the jurisdiction of
the country to which the ship belongs attends her on
the high wherever she goes In the matter of ris
dction she is considered the high part of the
territory Of the country and all board are still within
the jurisdiction Of the United States.
Ii the persons board had before leaving the coun-
try committed offence against the laws of the United
States they were whilst under the flag of the country
the high seas amenabla to its authority as they
whilst in the territory Of the United States IL was
fully competent to the law require their arrest on
the high seas as within the territory
A question seems to have been made however In the
present case, whether the law of April 1873 does au
thoze direct the Executive to the public force to
arrest military expedition, unlawful within the mean
ing of the ac the high seas after it has left the coun-
tryf If it does not, law which has remained in all its
substantial provisions the statute book for more than
sixty years. intended TO coerce the part of our ct
the Observance of existing international relations
and thus to preserve the peace Of the country mper
feet in its provisions to immunity those who
may offend against it. provided, by deception false
and fraudulent practices they cude the vigilance of
the police of the country and thereby escape from its
shores.
he hpnd4t IF t.o nak ,;tc oC