New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-01-18
gth ORLEANS 9aiIu 6rssttlrt.
ME s s AGE

| M II - . n 0 Il
OF the President to the senate In reference
to the late arrest of Gen. Walker.
In response to call Of the Senate, the President
yesterday transmitted to that body the correspond
in his possession 10 relation to the late arrest Of
Gen. Walker, and accompanied IL with the following
MESSAGE.
In submitting to the Senate the papers for which
they have called, deem it proper to make few OBJ
In capturing Gen. Walker and his command, after
they had landed the soil Of Nicaragua Commodore
Pauding has, In my opinion. committed grave err
ror. It is quite evident however, from the communi-
cations herewith transmitted, that this done from
pure and patriotic motives and in the sincere conyic
ton that be promoting the interests and vindca
ting the honor Of his country In regard TO Ncara-
qua, she has sustained no injury by the act OF Com
| modore Padding. This has enured to her benefit,
and relieved her from dreaded invasion. She alone
would havea any right to complain OF the violation Of
her territory and it is quite certain she will
exercise this right 1t professionally does not lie in
the mouth of her invaders to complain in her name
that she has been rescued by Commodore Pauding
from their assaults. The 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
upon any military force whatever which he might
! find in the country, no matter from whence they
came. This power certainly did not belong to him.
Obedience to law and conformity to instructions are
the best and safest guides for all officers, civil and
military and when they transcend these limits, and
act upon their personal responsibility evil
! sequences almost inevitably follow.
| Under these circumstances, when Marshal Rynders
presented himself at the State Department on the
18th ut with General Walker in custody the Score.
tary informed him that the executive department of
/ the government did not recognize Gen. Walker as
prisoner; that it bad no directions to give con.
corning him and that 1t is only through the action
Of the judiciary that he could be lawfully held in Gus
tody to answer any charges that might be brought
against him. eye
In thus far disappearing the conduct of Commo-
dore Paulding, no inference must be drawn that am
less determined than have been to execute the
neutrality laws of the United States This is my i'm
peratye duty, and shall continue to perform it by
all the means which the constitution and the laws
1 have placed in my power.
My opinion OF the value and importance Of these
laws corresponds entirely with that expressed by Mr.
Monroe in his message to Congress Of December T.,
1919. That wise, prudent, and patriotic statesman
says: 1t Is OF the highest importance to our ma
tona character and indispensable to the morality Of
citizens that all violations of our neutrality
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 to
compromit the interest or the honor OF the nation"
The crime of setting foot providing the means
for military expedition within the United States to
make war against foreign State with which we are
at peace, is one of an aggravated and dangerous
character and early engaged the attention of Con
gress. Whether the executive government possesses
any, or what power, under the constitution, indie
similar ofenses against the law Of nations sub
ject which engaged the attention of our most emf
nent statesmen in the time of the administration 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
question which had therefore existed. The 9Th and
9TH sections of this act which relate to the present
question, are the same in substance with the 9Th and
Sth sections of the act of April Goth, 1873 and have
now been in force for period of more than sixty
, years. ...,
The military expedition rendered criminal BY the
act must have Its origin must "begin' or be set on
foot" in the United States; but the great object OF
I the law was to save foreign States with whom we
at peace from the ravages OF these lawless ex
petitions proceeding from our shores. The seventh
section alone, therefore, which simply defines the
crime and its punishment, would have been made
quate to accomplish this purpose and enforce oul
international duties. In order to render the law eff
fectual it was necessary to prevent "the carrying
ON of such expeditions to their consummaton aftei
they had succeeded in leaving our shores.
This has been done efectually, and in clear and ex
pcit language, by the authority given to the Presi
dent under the Sth section Of the act to employ thu
land and naval forces OF the United States for thu
purpose of preventing the carrying on of any sncl
1t expedition enterprise from the territories or juris
dieton OF the United States against the territories o
: domain of any foreign prince State or of any col
4 ony district or people with whom the United State
a are at peace"
Il For these reasons had Commodore Paulding intel
cepted the steamer Fashion with General Walker an
q his command on board at any period before they
IL tered the port of San Juan de Nicaragua and cor
D Quoted them back to Mobile, this would bave pre-
g vented them from carrying on the expedition an
n have been not only justiabe but praisewJrth
If act
N The crime well deserves the severe punishment il
r icted upon by our laws 1t violates the principle
e OF Christianity, morality and humanity held sacre
2, by all civilized nations, and by none more than
y the people Of the United States Disguise it as
may, such military expedition is an invitation {
IN reckless and lawess to enlist under the banner
Auanf IN roll, MIN aud
Re tending citizens of neighboring States who hav
N never done them harm. 1t is q usurpation of tn
"a warmaking power which alone belongs to Congress
It. and the Government ITSELF at least in the estimato
le OF the world becomes an accompice in the commi
sion of this crime unless it adopts all the means M
cessary to prevent and to punish it. 1t would be ia
D. better, and more in accordance with the bold an
manly character of our cOuntrymen for the Cover
N ment itself to get up such expeditions than to alo
al them to proceed under the command of irresponsible
adyenturers We could them at least exercise som
s control over our own agents. and prevent them foi
m burning down cities and committing other acts
er enormity of which we have read
~ The avowed principle which lies at the foundato
of the law of nations is contained in the Divine con
mand that all things whatsoever ye would thl
men should do to you, do ye even so to Them Tre
by this unerring rule, we should be severely col
demned if we shall not use our best exertions to
rest such expeditions against our feeble sister repul
ng lie of Nicaragua. One thing is very certain tina
people never existed who would call any other nato
IA to strcter account than we should ourselves fC
,s tolerating lawless expeditions from their shores
make war upon any portion of our territories.
We By toleratng such expeditions, we shall soon los
the high character which we have enjoyed ever sine
the days of Washington for the faithful performanC
of our international obligations and duties, and il
spire distrust against us among the members of IL
nd great family Of civilized nations.
ia But ii motives of duty not sufficient to
strain us from engaging in such lawless enterprise
S. our evident interest ought to dictate this polio
zee These expeditions are the most efectual mode of
iarding American progress although to promo
this is the avowed object of the leaders and contrib
ai y, tors in such undertakings.
: 1t is beyond question the destiny of our race
n, spread themselves over the continent of Nor
Az America, and this at no distant day, should even
lis be permitted to take their natural course The t(
~ of emigrants will flow to the South and nothing CO
ne eventually arrest its progress. II permitted to
there peacefully Central America will soon conta
me American population which will confer blessing
In and benefits well upon the natives as their respeC
IL i've governments. Liberty under the restraint of a
o will preserve domestic peace whilst the difere
sci transit routes the lshmus in which we are
deeply interested will have assured protection.
~, Nothing has retarded this happy condition of affa
for so much as the unlawful expeditions which ha
1T been fitted out in the United States to make W
te, upon the Central American States Had onehi
re- Of the number of American citizens who have m
be erably persisted in the first disastrous expedition
Walker settled in Nicaragua as peaceful emigran