The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1858-01-16
Nicaragua AGais.
Message Of the President to the Senate in rs.
ference to the late Arrest Of Gen. Falker.

/
Message Of the President to tho Senate in ,
ference to the late Arrest Of Gen. Wake,
In response to . call of the Senate. q
President yesterday transmitted to that boo
the correspondence in his possession in rel
tion to the late arrest of Gen. Walker, ar
accompanied it with the following message
MESSAGE.
In submitting to the Senate the papers Il
which they have called, deem it proper I
make few observations.
In capturing General Walker and his CON
mand, after they had landed on the soil {
Nicaragua, Commodore Paulding has, in m
opinion, committed q grave error. 1t
quite evident, however, from the communi
cations herewith transmitted, that this wa
done from pure and patriotic motives, and il
the sincere conviction that he was promoting
the il terests and vindicating the honor o
his country. In regard to Nicaragua, sh,
has sustained no injury by the act of Com
modore Paulding. This has Injured to.he,
benefit, and relieved her from q dreaded in
vasion. She alone would have any right te
complain Of the violation of her territory
and it is quite certain she will never exaGcise
this right 1t unquestionably does not lie
in the mouth Of her invaders to complain in
her name that she has been rescued by
Commodore Paulding from their assaults
The error of this gallant officer consists in
exceeding his instructions and landing 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 might find in the coun-
try, no matter from whence they came
This power certainly did not belong to him.
Obedience to law and conformity to instrac-
tions are the best and aafest guides for all
officers, civil and military, and when they
transcend these limits and act upon their
own personal sponsibility, evil conse-
quences all evitably follow.
Under thesU ..rcumstances, when Marshal
Rynders presented himself at the State De-
partme .e 29th ult., with General
Walker la iy, the Secretary Informed
him that 81 cutive department of the
,overnmei u.I not recognize General
Walker as q prisoner; that it had no direc-
ions to give concerning him; and that it is
,nly through the action of the judiciary
hat he could be lawfully held in custody to
lnswer any charges that might be brought
gainst him.
In thus far disapproving the conduct Of
Commodore Paulding, no inference must be
lrawn that am less determined than ever
lave been to execute the neutrality laws Of
he United States. This is my imperative
luty. and shall continue to perform it by
VI the means which the constitution and the
avs have placed in my power.
My opinion of the value and importance
f these laws correspond entirely with that
by Mr. Monroe in his message to
congress of December 7th, 1913. This
rise, prudent, and patriotic statesman says:
Ii is Of the highest importance to our na-
ional character and indispensable to the
morality of our citizens that all violations Of
ur neutrality should be prevented. No
oor should be left open for the evasion Of
ur laws, no opportunity afforded to any one
rho may be disposed to take advantage Of it
o compromt the interest or the honor Of
be nation"
The crime Of setting on foot or providing |
he means for a military expedition within |
he United Ststes to make war against 20
eign state with which we are at peace, is !
ne Of an aggravated and dangerous charac- !
er, and early engaged the attention Of Con- !
ress. Whether the executive government !
assesses any, or what power, under the |
Constitution, independently of Congress, |
Tas subject which engaged the attention OF
ur most eminent statesmen in the time OF
be administration of General Washington, |
nd on the occasion of the French revelu- |
on The act Of Congress Of the 5th June, |
794, fortunately removed all the difficulties |
n this question which had heretofore exist I
d. The 9Th and 7th sections Of this act,
'hich relate to the present question, are the |
anne in substance with the 9th and Sth Sec |
ons of the act Of April Goth. 1918, and |
ave now been in force for a period of more !
hau sixty years.
The military expedition rendered criminal |
v the act must have its origin, must "be- |
in" or be "set O.. foot" in the United |
tates; but the great object of the law was |
D save foreign States with whom we were |
t peace from the ravages of these lawless !
xpeditions proceeding from our Shores
he seventh section alone, therefore, which |
imply defines the crime and its punish |
ient, would have been inadequate to ac-
omplsh this purpose and enforce our inter-
ational duties. In order to render the law /
tfectual, it was necessary to prevent 'the |
arrying on Of such expeditions to their |
after they bad succeeded in |
.aving our shores.
This has been done effectually, and in |
lear and explicit language, by the authority
iven to the President under the Sth section
f the act to employ the land and naval /
,rces Of the United States /" for the purpose
preventing the carrying on Of any such |
xpedition or enterprise from the territories |
r jurisdiction Of the United States against /
ne territories or domain of any foreign |
rince or State, or of any colony, district, OF
eople with whom the United States are at |
eace."
For these reasons, had Commodore Pauld-
lg intercepted the steamer Fashion" with
eneral Walker and his command on board,
. any period before they entered the port
San Juan de Nicaragua, and conducted
lem back to Mobile, this would have pre-
ented them from " carrying on" the expe-
ition, and have been not only justifiable I
ut praiseworthy act.
The crime well deserves the severe pun
hment inflicted upon it by our laws. 1t
iolates the principles Of Christianity, mo-
,lity, and humanity, held sacred by all ci-
lized nations, ard by none more than by
,e people Of the United States. Disguise it
we may, such military expedition is an
vitation to reckless and lawless men to en-
It under the banner of any adventurer to
b, plunder, and murder the unoffending
tizens Of neighboring States who have ne
.r done them harm. 1t is usurpation of
Ie war.making power, which belongs alone
Congress; and the government itself, al
asst in the estimation Of the world, becomes
accomplice in the commission of this
ime, un ess it adopts all the means neces-
nv to prevent and to punish it. 1t would
far better, and more in accordance with
e bold and manly character of our coun-
ymen, for the government itself to get up
lch expeditions than to allow them to pro-
ed under the command of irresponsible
lvcnturers. We could then, at least, exer
Sc some control over our own agents, and
event them from burning down cities and
'mmitting other acts of enc nifty Of which
e have read.