Staunton vindicator. (Staunton, Augusta County, Va.) 1858-1858, 1858-01-16
Mes sage offte President to the Senate
in reference 10 tie late arrest Of Gen.

Mes sare or tie PresiefEt to The Senate
in reference 10 tie late arrest Of Gen
Walker.
In submitting to the Senate the papers
for which they have called, / deem it prop
er to make few observations
In capturing General Walker and his
command, after they had landed on the soil
Of Nicaragua Commodore Paulding has, in
my opinion, committed a grave error. 1t
is quite eyidennt, however, from the COM
munications herewith transmitted, that this
was done from pure and patriotic motives,
and in the sincere conviction that he was
promoting the interests and indicating the
honor of his country. In regard to Nicara-
qua, she has sustained no injury by the act
Of Commodore Paulding This has enured
to her benefit, and relieved her from a
dreaded invasion. She alone would nave
any right to complain Of the violation of her
territory; and it is quite certain she will
never exercise this right. It unquestion-
ably does not lie in the mouth of her inva-
ders to complain in her name that she has
been rescued by Commodore Paulding from
their assaults. The error Of this gallant Of
fcer consists in exceeding bis instructions,
and landing his sailors and marines in Nj
caragua, whether with or without her con-
sent, for the purpose Of making war upon
any military force whatever which he might
find in the country, no matter from hence
they came. This power certainly did not
belong to aim Obedience to law and con
formity to instructions are the best and sa-
fest guides for all afsiceFs, civil and military,
and when they transcend these limits, and
act upon their own responsibility, evil con-
eequences almost inevitably follow
Under these circumstances, when Mar
shall Rynders presented himself at the State
Department on the 29th elt, with General
Walker in custody, the Secretary informed
him that the executive depaI tment of the
Government did not recognize Gen. Walk
or as prisoner; that it had no directions
to give concerning him and that it is only
through the action of the Judiciary that he
could be lawfully held III custody to answer
any charges that might be brought against
him.
In thus far disappearing the conduct Of
Commodore PaullnEg no inference must be
drawn that am less determined than [
have ever been to execute the neutrality
laws Of the United States This is my I'M
perative duty, and shall continue TO per-
form it by all the means which the consti-
tuition and the laws have placed in my
power.
siy opinion Of the value and Importance
of these laws corresponds entirely with that
expressed BY Mr. Monroe in his message to
Congress Of December I, 1919 That wise
prudent and patriotic statesman says; ut
is Of the highest Importance to our national
character and Indispensable to the morality
of our citizens thai ali violence of our neil
tralitv should be prevented No door should
be left open for the evasion Of our laws, no
opportunity afforded to any who may be
disposed Ia take advantage of it to com
promit the inter est or the honor Of the ma
ton
The crime of setting on. foot or providing
She means for military expedition within
the United States to make war against a
foreign State with which we are at peace, 4
is one Of an aggravated and dangerous char
sctcr, end early engaged the attention of
Congress Whether the executive govern
sncnt possesses any or what power, under
she constitution independently of Congress,
90 prevent or puaisf1 this ard similar offences
against tho Law Of nations, Was subject
which engaged the attention of our most
eminent states men in the time OF The ad-
ADMINISTRATION Of Gen Washington, and on
the ocession OF the French Revolution The
act of Congress of the 9Th June, 1894, for
tunatsly removed all the difficulties on this
question viii h LA tker t,fore existed The
bth and It'll sections Of this act, which re-
}atc to the present question, are the same
III substance with the 9th and oth sections
OF the &c; Of spril Goth. 1918, and have !
t,ow ben in force for period Of more than I
sixty years.
The miitarv expedition rendered criai-
s,al by the aef must have It's origin, must
begin" or he set on foot" ia the United
States hat tie great object Of the law was
10 save foreign States with whom we were
e; peace FROM Me rapages Of these lawlcss
expeditions proceeding from our shores. The
seventh section alone. therefore. which sian
ply defines the criaee ats1 it's punishment, /
would havs assea Inadequate to accomplish
this purpose aid enforce our International
duties In ORDER to render the law etfectu-
al, il was necessary to prevent ''the carry
ing OF" Of such expeditions to their CON
summation after they had SUCCEEDED in
Ieaying orr shores.
This has been done cffectaally, and in
clear and explicit language, by the author
ity given to the President us4aier the 9Th
section Of the act to employ the land and .
naval forces OF the United States ''for the
purpose Of preventing the carrying on of
any such OK rcdtioii or enterprise from the
territories or jurisdiction of the United
States against the territories or domain Of
Ally foreign prince or State, or of any calony /
district, or people with. whom the United /
States are at peace.
For these reasons, had Com. paalding
Intercepted the steamer Fashion" with
General Walker and his command on board,
st any period before they entered the pert
oil San Juan De Njcaragan, and conducted
them back to Mobile, this would have pre-
vented thcn from carrying on the expe-
dition, and have been not only a justiia Die,
but praise worthy act
The crime well deserves the severe punish I
ment inflicted upon it by our laws. It vio-
lates the principle Of Christianity, morality
and humanity held sacred BY all civilized