The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-08


pre- Of JaFan and for the other officers Of the United
States government in Japan.
The Private Secretary Of the President hero entered
the Senate chamber, and delivered the following
MESSAGE FROM THE PRESIDENT ON MICA
RAGUAN AFFAIRS.
In submitting to the Senate the papers for which they
have called, deem proper to make few observations.
IN capturing Gen Walker and his command, after they
had landed the soil Of Nicaragua Commodore Psuidng
has, IN my opinion, committed grave error. II quite
evident however, from the communications herewith
transmitted, that this done from pure and patriotic
motives, and in sincere conviction that he promoting
The interests and vndcatng the honor Of his country
In regard TO Nicaragua, she has sustained
injustce by the of Commodore PauIding. This ha
enurcd to her benefit, and relieved her from dreaded
invasion. She aone would have any right TO complain o.
the violation Of her territory, and is quite certain that
she will exercise this right unquestionaby does
pos belong to her invaders to complain in her name.
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
war upon any military force whatever, which he
might find in the country, matter from whence they
This power certainly did not belong to him; obe
dience To law and conformity to instructions are the best
guides for all officers civil and military, and when they
transcend these limits and act upon their personal
responsibility, evil consequences almost inevitably fol-
low. Under these circumstances, when Marshal Ryn-
ders presented himself at the State Department on the
29h u with Gen. Walker in custody the Secretary in
formed him thai the Executive Department Of the go
vernnlent did not recognise Gen. Walker prisoner.
That it had directions to give concerning him. and
that only through the action Of the Judiciary ne
no haIi in In
that might be brought against him. In thus far dsap
proving conduct of Commodore Pauldng inference
must be drawn that less determined than have ever
been execute the neutrality laws Of the Uied States.
This is my imperative duty, and shall continue TO per-
form by all the which the constitution and laws
have placed in my power My opinion OF the value
and importacce Of these laws corresponds entirely
with that expressed by Mr.. Monroe in his message
to Congress of December l. 1909. That VICE. prudent
and patriotic statesman says, is Of the highest impor
ance 10 national character and indispensable 10 the
morality Of citizens that all violations o neutral
hy should be prevented 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 conpro
mise the interest honor of the nation The crime of
setting foot providing the for military cxpe-
dtions within the United States TO make against
a foreign state with which at pesce, is one
of aggravated and dangerous character and early
gagged the attention of Congress Whether the Executive
any what under the constitution inde
pendenty Of Congress- to prevent punish this and sim
Sar offences against the law Of nations a subject
which engaged the attention Of most eminent states
in the time Of the administration Of Gen. Washington,
and the of the French Revolution The act OF
Congress OF 9th June, 1894, fortuna tey removed all tho
difficulties this question which had Heretofore existed
The 5th and 7th sections OF this act, which
eate TO the present question the in substance
with the 9th and sth sections the April 20 1915
which have been in force for period of than
sixty years. The military expedition rendered criminal
by the act must have s orgirmust begin be set on
foot the United sa,csbut the great objcc, of tho law
to foreign statos with whom were at peace
from the ravages Of these lawless expeditions proceeding
from shores. The 7th section alone, therefore,
which simply defines crime and iu punishment fully,
have been inadequate to accomplish this pur-
pose and enforce our International duties. In
order TO render the law cfectual, IL was necessary
to the carrying Of ssch expeditions TO their
summation after they had succeeded in leaving shores
This has been done enectusy md in clear and explicit
language, by the authority given 70 the President under
the 9Th section OF the net TO employ the land and naval
forces Of the United States for the purpose preventing
the carrying Of any such expedition enterprise from
the territory jurisdiction Of the United saics against
or Of any colony, district, people with whom the
United states peace. For these reasons had Com
modore Paulding intercepted the steamer Fashion with
General Walker and his command board any period
before they entered the port Of san Juan do Nicaragua,
and conducted them back 10 Mobile this would have pre-
vented them from carrying the expedition, and have
been not only justihable but praiseworthy act This
well deserves the punishment inflicted upon by
laws. II violates the principles of Christianity, mo-
raly and humanity, held sacred by all cvlizctnatons,
and by than by the people OF tho United States
Disguise Il as we may, such military expedition 10 an
invitation TO reckless and awlcss 10 enlist under tho
banner Of any avenurer 10 rob pundcr and murder tho
unoendng citizens Of ncghborng States who have
done them harm. It Is usurpation Of tho war making
power, which belongs aIonc to Congress. The govern.
ment itseEat least in thc.cstmaon of the workable
comes accomplcc in the commission Of this crime un.
less adopts all The necessary 70 prevent and punish
IL II would be far better and more in accordance with
the bold and manly spirit Of countrymcn for the
government Itself TO get up such expeditions than 10
allow thcm 10 proceed under the command Of rrespons
bic advcntucrs We could then at least exercise some
coutro agents, and prevent them from burn
ing down cities and committing other acts Of enormty Of
which have read The avowed principle which ies a,
the foundation Of the law Of nations Is the divine com
msnd that "sll things whatsoever yc would that men
should do to you do ye unto them" Tried by
this unerrng rule should be severely condemned n
shall best exer.icns arrest such exped
tons agains, feeble sister republic Of Nicaragua
Ono thing Is very certain that people never existed
who would call any other nation 10 stroter
count than should ourselves for tolcraing law.
less expeditions from their shores 10 make
upon any portion d our territories. ny tolerat-
ing such expeditions, We shall soon lose the high
character which we have enjoyed snoe the