The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-16
BALTIMORE.
TUESDAY, MARCH Is, 1858.

The Committee on Foreign Affairs in the House
of Representatives have made report in reference
to the capture of Walker by Commodore Paulding,
and the conduct of the Commodore on that occa-
sion, which, as a material part of the history OF
the times we suhjoin.
The conclusions of the Committee are, flrst that
Commodore Paulding had no right to enter the
territory of Nicaragua, without her consent, and
seize and carry away persons who might be there,
and that it is the duty of this Government to dis
avow and atone for the act provided complaint be
ever made; and secondly, that officer of the
United States has a right to use the forces under
his command on the territory of foreign State
,cih ats assent and for its benefit.
These conclusions are obvious enough and we
are glad to find them so stated in a report of the
proper committee of the House, as to provide
against the awkward consequences that might here
after arise from regarding Commodore Paulding's
conduct as precedent. The case was an excep-
tonal one, in many of its aspects, and is, hope
not likely to occur again. Nicaragua is not in
clined to call us to account for it, and the rest of
the world has right to treat it otherwise than
an abstract question with which they cannot inter
fere.
The Committee of Foreign Affairs, to whom was
referred the message of the President of the United
States, and accompanying documents relating to
the seizure of William Walker and his followers in
Nicaragua, having had the same under consdera-
ton, respectfully report
That by the action of the House they have been
relieved from the necessity of expressing their views
on several questions which seem to be connected
with the transactions detailed in these papers. The
whole subject of the neutrality laws, considered
with reference to their constutionality expediency
and proper Interpretation, has been referred to the
Committee on the Judiciary.
The question as to how faS Commodore Pauld-
ing obeyed the orders of bis superors, upon which
his merit or demert as an officer mainly depends,
has been referred 10 the Committee on Naval
Affairs
The inquiry as TO whether private rights have
been nterSsred with in these proceedings, would
seem more properly to come up whenever any per-
son aggrieved shall by petition or application in
some other mode seek redress.
There remains, however for the consideration of
the committee two important questions which di-
rectly concern the foreign affairs of the country.
The first is, whether there has been an invasion of
the territory Nicaragua, foreign State with which
we are terms of peace and friendship. And,
secondly, whether that act of INVASION either with
or against her consent, was of such character as
that it could be properly done without the author
ity of Congress
to exist by which the United States, or any of its
officers, are authorized to enter the territory of
friendly foreign Power, and forcibly seize and
carry away persons who may be there. And as
no such right has been conceded by treaty with
Nicaragua, the act of Commodore Paulding in for
chilly entering her territory and Selling William
Walker and his followers, is one which it is the
duty of this Government to disavow and to make
satisfaction for, provided complaint should ever be
made. In fact however, your committee have
every to believe that this proceeding was en-
trely in accordance with the wishes of the existing
Government of Nicaragua, and regarded by it as
eminently beneficial.
Should this be conceded the second question
presents itself: Can officer of the United States
use force under his command in the territory of a
foreign State with its assent and for its benefit.
The war-making power belongs to Congress-
and the right to enter into alliances, offensive and
defensive, belongs to the President and Senate as
the treaty-makng power. In the absence of au-
thorlty derived from one of these sources your
Committee of opinion that our officers cannot
use the forces under their command for any such
purpose. As these forces are obviously intended
for the service of the United States they cannot be
rightfully employed in any foreign State for its
benefit as its ally. 1t is, in the Judgment of
your Committee, wholly immaterial whether such
forces to be employed TO expel from the State
invaders from abroad, 10 put down rebellion or
instruction there, or to aid the police of such
State in suppressing disturbances and popular out
breaks. To acknowledge any such right would be
in effect to transfer the war-making power to such
officers as might happen to have the command of
any part of our naval military forces in the
vicinity of any foreign State that might be in
want of aid.
Your committee are happy to find that the
President concurs fully in these views They
therefore recommend the adoption of the following
resolutions -
ReSolUed, That inasmuch as the United States
never consent that any foreign Power shall
have the right to enter lis territory with view of
forciblv carrying off any person who may be there
in, so it becomes the duty of the Government to
disown and disclaim all right its part to enter
for similar purpose, the territory of any foreign
power or State with which We are on terms of am
ity and friendship
Resolved, That officers of the United States have
no right to use the forces under their command in
the territory of any foreign State at the instance
Of for the benefit of such State unless previous
ly authorized by Congress.
ResolOed, That inasmuch as the views of the
President as made known in his message to the
two houses of Congress, are in accordance with
these principles, action is necessary the part
of Congress.