The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-01-20
Xssss sc Of the President TO the Ser.ate
in Reference to,the Late Arrest OF
Gen. Walker.

Gen. Walker. A
In response toacaii ofs,he Senate. ,hs
President transmitted toS that body sthe /;
in Ia ppssession it, ,eh
tion to the lateaarrest sof Gen. Waiker,
aud accompanied it With the fo.io~ing /
message:
MESSAGE.
Insnbmittiag to the Senate he papers !
fcrsNhiehshey have calI.,i, dee;nsis prop
or to make y few observatians. ,--4-..
In capturing General Wsiker and
his Command. a'ter they had landed OH
the seil of Nicaragi.a. Commodore Paut-
diBg has. in-inv opinion, co9mittse
gravsscrros IL isfaaite evident, trowev-
er, from the COMMUNICATIONS herewith
transmitted. that this was -donefrem pRre
and patriotic Mdtises and .in tho slacere
conviction that he. WAS promoting the in-
terssts and yiudieating then honor OF his,
country. In regard 10 Nicaragua, she
has sustained no injury BY the aet of Com
modore Paul.ling.. This has enared to
her ,heneSt, and relieved her from a
dreaded iny asion.rs She alone would have
sny,gIghtto complain of the. yieIatioa of
her tefritor land it is quite certain she
wiz meyer, exercise the right. 1t unqnes
sionably does not lie in the moeth of her
invaders tocomplain in her name that she
has been rescued by Commodore Psnld-
ing from their assaults. The error OF
this gallaat officer con,ists in exceed
Ing his instruct oas, 81 d lat ny his
sailers and marines in Nicaragua, wheth-
or with or without Der .cousent. for the pur-
poss of making war up,n any military
forca whnlsyer which he might find in the
eoansry, no matter from they came.
This power certainly did not belong to him.
Obedience to law and conformity to in
Instructions are the, best aud safest guides
for all officers. civil and military, and when
they transcend these limits, and act upon
their own personal responsibility evil
consequences almost inevitably follow.
Undef these circumstances, when Mar
shaf Rynders presented himself at the
. Etste Department on the 29th ult. with
Geaeral Walker in custody, the Secretary
informed him that the executive depart
ment Of the government didnot recognize
Gen. w alker as prisoner; that it had no
dirsctions to give concerning him; and
thssiti is1only through the action Of the ja-
dietary that lie could be lawfully held in
custody to answer any charges that
might be brought against him.
In thus far disappearing the conduct Of
Conodore Paulcing, no Inference must
be drawn that / am less determined
than; u have ever been to execute the
nsusraiity laws Of the United States. This
is myimperative duty. and | shall contin-
ne to perform it by all the means which the
constitution and the laws have placed in
my power. sats9s 3 Z aes
My opinion Of the value and import
ance of these lass corresponds entirely
with that expressed by Mr. Monroe IN his
mssssge TO Congress of December, lsi g.
That wise, prntient, and patriotic states.
maB says: at is ofthe highest Importance
to our national character ana indispensi
BILE to the morality of our citizens that al
violstionss of our neutrality should be pre-
vented No door should be left open fol
the evasion Of cur laws, no opportunity
nifosded TO any who may BE- disposed I,
take advantage OF it to compromit the in
tefest or the honor Ut the nation" =
The crime of setting on foot or provi
dinGsbe means for military expedition
witk<he sUnited states to make wa
sgaa1ssa<fof fofeignl State with which we ar
At psae5 81 one of an aggravafed ant
danyerSaS character, and early engage,
tho -sttention Of congress- 2 Whether Til
executive governments possesses any, o
what power; under the constitution, inde
pendsntly of Congress-, to prevent 0. pun
ish this aads similar offences against til
Law Of nations, was subject which enga
gsas she attention Of our most eminen
StatSsmsn.in' the time of the adnlinistrn
tiontof Gen w Washiagton. and on the oc
caslon of the French Revolutions: Th
net o. Congress of the 5th OFF une, T94
fortunately removed all The difficuitie
on this question which had theretofore e.:
listed. The 5th and 7th sections Of thi
act, which relate to The present qnestior
arc the sSme In substance with the CT
and sth'sectious of the act of April 20,l
1918, and have now been in force for
period Of more than sixty years.
Tha smilitary expedition rendered GRIN
inat;bv. v.thesact mnst have ifs'origin, mus
..begia',o bo sset on foot, = in the I'm
ten States; but the great object Of tue la
wassto sasa foreiEn States with whom W
are al peace from the ravages Of thef