The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-14
THE PREsIDENT-THE NEUTRALITY LAW
FILIBUSTERING

Last Thursday, the President transmitted to
Congress copies of the correspondence relating
to the arrest of Gen. Walker, and of the various
instructions issued to United States officers to
enforce the Neutrality Law.
The message accompanying the correspond
ence is more decided and spirited in its tone
than other papers which have emanated from
the same quarter.
The President admits that Commodore
Paulding transcribed his instructions, and
committed "a grave error" in landing upon
the soil OF Nicaragua for the purpose of Selling
Walker: but, he claims that the Commodore
acted 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 Nicaragua, she alone
has right to complain of the violation of her
territory; but she will never exercise that
right, the act having enured TO her benefit ;
and it certainly does not become her invaders
" to complain in her name, that she has been
rescued by Commodore Paulding from their as
saults."
In reference to the act of that officer,
the President says" Obedience to law and
conformity to instructions are the best and
safest guides for all officers, civil ard military
and when they transcend these limits, and act
upon their own personal responsibility, evil
consequences almost inevitably result"
We shall see, presently, whether this severe
reprimand be deserved.
The President is careful to exclude any in
ference from this, that he is less determined
than ever to execute the neutrality law of 1918.
This he understands to confer upon him au-
thority to intercept any hostile expedition Or
ganized in the United States against a nation
with which we are at peace, after it leaves our
shores, wherever it may be on the high seas.
Had Paulding therefore seized Walker at any
point, before entering the port of San Juan de
Nicaragua, it would have been a Unsuitable
act.
The President denounces flbustering in the
severest terms, and expresses just and elevated
views in regard to our obligations to other
States, which are determined by the great prin.
ciple contained in the Divine command, AN
things whatsoever ye would that men should
do to you, do ye even so to them "a principle
which lies at the foundation of the law of
nations"
Gov. Seward, in the Senate, having made a
pleasant allusion to the higher law doctrine
of the President, Mr.. Davis, of Mississippi, who
dissented from the positions of the message, re.
marked that this higher lavish sufficiently
explained how he came to find himself in CD.
position to the Administration in this case.
Indeed, the Christian sentiments of the message
on the obligation to do justice to our weak
neighbors, and respect their rights, contrast
strangely with the freeboOting opinions of the
Ostend Manifesto. No wonder that the Propa-
ganda are disappointed and indignant.
With a view to reconcile the Southern Peo-
pie to his course, the President argues that
these unlawful expeditions only retard the
march of American empire. He assumes that
the tide of American emigration must flow
southwardly, until the race fulfil its destiny,
which is, "to spread over the continent of
North America; and this at no distant day,
should events be permitted to take their natural
course"
A long debate took place on the 7th in the
Senate, on motion to print and refer the meg.
sage.
Mr.. Davis, of Mississippi, entered his protest
against the assumption of the President that
he is empowered to use the naval and mill.
tary forces to suppress filibustering expeditions
which have eluded our vigilance, and escaped to
the high seas. Mr.. Mason of Virginia, Mr..
johnson of Arkansas, and Mr.. Houston, depre-
Gated premature discussion let all the docu.
ments be printed, and all the facts be frat laid
before the Senate. Mr.. Brown, CT Mississippi,
not only concurred with his colleague, but vim.
dicated Walker, asserted that he was guilty of
the violation of no law, that the act of Paulding
was an outrage, and the manner in which he
made the arrest, ungracious and rude. Mr..
Crittenden, of Kentucky, denied that, according
to the premises of the President, Commodore
Paulding had been guilty of any error. Mr..
Seward sustained the message, which, he
thought, stated the case exactly, and did equal
justice to all parties. Mr.. Pugh, of Ohio, with
out any special sympathy for Walker, could no,
endorse the principles of the message. BE
utterly denied the assumption that the President
had power to go outside of the jurisdiction Of
the United States to arrest these hostile expe.
ditions. He denied the existence of " authority
to use the army and navy on the high seas for
any other purpose than the army itself could
ha 1onI -
thority of the Government; and unless the
President has q law to define some offences or
the high seas, other than the crime of piracy
he has no right to arrest any American citi
zens"
Mr.. Toombs vehemently condemned the mes
cage. 1t was not for the President to deter
mine whether the neutrality laws had been VIC
lakeland he denied his authority to enforce
/" any law of the United States extra territorial
ly." Mr.. Doolitte, of Wisconsin, held that il
was the duty of the President, in view of ou1
treaty of peace with Nicaragua, to intercept
hostile expeditions from our shores against hel
territory, wherever he could. Mr.. Mallory, O
Florida, did not look upon flibussering as tn.
worst crime in the world, nor did he thinl
much of the neutrality law. He considered
the act of Paulding Illegal, but his instructions
were very indefinite. Mr.. Douglas heid that The
neutrality laws authorized the President to use
the military and naval power for the arrest o
unlawful expeditions or enterprises ,citain the
jurisdiction of the United Statsa, but not Nth
out. He was opposed, however, to filibustering
although in favor of the peaceful expansion o
American territory and institutions. He i'm