Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-01-08
WASHINGTON NEWS AND GOSSIP.


Star went to press. 1t is in reply to inquiries
for the correspondence connected with Comma
dore Paulding's return of Walker, the flibus-
ter, and his followers to the United States.
If James Buchanan were to write or do moth.
ing more throughout the balance Of his Presi-
Dental service, this single State paper would
serve to render his fame, in time to come, equal
to that of any other American statesman who
has ever held power That such arguments
from him were especially needed at this time
to check the growing insanity of propensity
to outrage the rights Of neighboring nations, is
well known to all well-infOrmed and el.-mean-
ing persons.
1t cannot fail to have the effect designed of
assuring those disposed to set the law at def
ance, that they will hereafter persevere at their
peril in that course. Its views Of the true cause
of American progress are stated in language
which will be re-echoed from every real Ameri-
can heart; while the judgment of the great
American mind sOberly engaged in q thousand
legitimate ways in working out the destiny Of
our race on this continent, will, with one &C.
cord, thank the President Of the United States
for thus throwing himself into the breach, and
with dash Of his pen, rescuing his charge-the
country-from the deplorable reputation it has
been achieving in this connection of late:
MESSAGE.
In submitting to the Senate the papers for
which they have called, | deem it proper to
make a few observations.
In capturing General Walker and his COM
mand, after they had landed the soil of Mica.
ragua, Commodore Paulding has, in my Cpl non
committed grave error. 1t Is quite evident,
however, from the communications herewith
transmitted, that this was done from pure and
patriotic motives, and in the sincere conviction
that he was promoting the interests and vindi-
eating the honor of his country. In regard to
set Of sos neS Pandns Tb i" S oy .ss
to her benefit, and relieved her from Tread, d
invasion She alone would have any right to
complain of the violation of her territory; and it
i quite certain she will never exercise this right
Ii unquestiondblv does not lie in the mouth Of
her invaders to complain in her name that she
las been rescued by Commodore Paulding fro IL
their assaults. The error of this gallant oticrr
consists In exceeding his instructions, and land
ing his sailors and marines in Nicaragua, whether
| with or without her consent, for the purpose of
making war upon any military force whatever
which he mgh hnd in the country, no matter
| ON whence they came. This power certainly
did not belong to him. Obedience to law and
conformity tosnstructions the best and safest
guides for all officers, civil and military, and
when they transcend these limits, and act upon
their own personal responsibility, evil conse-
quenres almost inevitably follow.
Under these circumstances, when Marshal Ryn-
ders presented himself at the State Department
on the 10Th ult with General w alker in custody,
the Secretary informed him that the executive
department of the government did not recognise
Gen. Walker as d prisoner; that it had no direc-
tons to give concerning him; and that il is only
through the action of the judiciary that he could
be lawfully held in custody to answer any char
ges that might be broug ut against him.
In thus far disappearing the conduct Of Com
modore Paulding no inference must be drawn
that am less determined than have ever b zen
to execute the neutrality laws Of the United
states. This is my imperative duty, and sh all
Continue to perform IL by all the means which
the Constitution and the laws have placed in my
power.
My opinion of the value ard importance of
| these laws corresponds entirely with that ex-
pressed by MIR. Monroe in his message to Con-
gress of December :, 1919. That wise prudent
and patriotic statesman says: 1T is of the high
est importance TO our national character and In
disPensable TO the morality Of our citizens that
all violations Of our neutrality should be pre-
vented. No door should be left open for the eva
sion Of our laws, no opportunity afforded to any
one who may be disposed to take advantage of il
to comp omit the interest the honor of the
nation.n
The crime of setting on foot or providing the
means for a military expedition within the Uni
ted states 10 make war against 4 foreign State
with which We are at pe;,ce, is one of an agpra-
waited aud dangerous character, and early ell
gagged the attention of Congress. Whether the
executive government possesses any, or what
power, under the Constitution, indie pendently Of
Congress, to prevent or punish this and similar
Of noes against the law OF nations, was a subject
which engaged the attention Of our most eminent
siies men in the time of the administration Of
Gen w ashIngton and the occasion Of the
French Revolution. The act of Congress of the
5h June, 1874, fortunate ly removed all the d III
cultIes Oh this question which had herefore ex-
isted. TIE 5th aud eth sections Of this act which
rela to the present question, the same in sub
st ihc- with the 9th and 9Th sections of the act of
April %, l-lo, and have now been ia force for a
p iod of more than sixty Years
The military expedition rendered criminal by
tue act must have its origin, must - berin' or be
g set on foot iii the United States but the great
object Of the law Was to save foreign states with
whom We were al peace from the ravapes of these
lawless expeditions proceeding from our shores
The seventh section alone, thee fOre, which sim
ply defines the crime and Its punis hment would
have been made qudte to accomplish this pur-
pose and enforce our international duties In or
der TO render the law etfectual, IL was necessary
To prevent the carrying on Of such expeditions
to their contamination after they had succeeded
in leaving our shores
This has been done efiectually, and in clear and
explicit language, by the authority given to the
President under the eighth section of the act To
employ the land and naval forces Of the United
States : Tor the purpose Of preventing the carry
ing on OF any such expedition enterprise from
the territories or jurisdiction of the United states
against the territories or domain Of any foreiyn
prince or state, or Of any colony district or peo-
pc with whom the L nted States are at pea.en
For these reasons, had Commodore Pauding
Intercepted the steamer Fashion, with General
Walker and bis command OH board at any De-
nod before they entered the port Of san Juan de
Nicaragua, and conducted them back TO Mobile.
thi, would have prevented them from I" carving
on" the expedition, and have been not only a
Justliable but praiseworthy act.
The crime well deserves the severe punishment
inflicted upon 1t by our laws Ii violates the
principles Of Christianity, morality and human
ity, held sacred by all civilized nations A d nv
none more than by the people Of the United
states Disguise il az we may. such military
expedition Is invitation TO lee kless and Ia yIess
men To enlist under the banner Of any adyeu urrr
1" rob, plumber aud murder the unofendny citi-
rs of neighborInS States who have never done
I EN- harm. IL - usurpdtion Of the wdT-makinu
power, which belongs alone to Congress; and the
Government itself, at least in the estimation of
the world, becomes an accomplce in the com
mission OF this crime, unless II adopts all the
means necessary to prevent and TO punish it, IL
would be far better, and more in accordance with
the bold and manly character OF our countryrnen.
Tor the Government itself to get up such ex pedi.
lions, than 10 allow them to proceed under the
command OF irresponsible Adventures W.
could then, at least, exercise some control over
our own agents, and prevent them from burning
nfifI nd itti