The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-26

take possession of and eain any ship or vessel found in
violation OF the provisions Of that act OF where any pro
Issuing out Of court Of the United States shall be
disobeyed resisted when used to carry into effect the
provisions that section the like 10 the land
and naval orces given aio for the purpose OF pre-
venting the carrying OF any such expedition, &c.
from the territories of the United states against the ter
rtories dominions OF any foreign prince, &c
In the opinion of the committee, the unlawful exped
ton is carried from the territories or Jurisdiction Of
the United States when it IL cnnad, ON the high seas
its to its destination, and after IL has LETT the
country and this what the President is authorized to
prevent by the of the naval force lho Jurisdiction
is clear and the mandate is, to prevent the expedition
being 8. carried ona mandate only 10 be obeyed by
arrestng ship with those board and bringing her
back to answer the violated laws The spirit OF the act
shows it the intention of the law by the lar
gest the whole public force Of the United States
to put stop ~ these unlawful enterprises on the
part of our ctsens- land, and within
the ordinary jurisdiction of the country by the army
f the occasion required it the militia, or in the har-
bors bays, riveA the naval force No distinction Is
made by the terms OF the act designating when the
arm is to be used when the other the character Of
each imports its appropriate But after it
ried from the territories jurisdiction" it still to
be prevented How BY means, OF course, adequate to
the end BY seizure at sea- when carried on by
the present case, however it appears that Walker
and bis followers had effected landing the shores of
Central America and within the territory of foreign
State before they arrested by Captain Pauldng
As a mere question of LagfA authority there be
doubt that is lawful unless made within the uris
dction of the country and us little that this arrest was
made without the Jurisdiction But the committee
trey agree with the President that besides the United
States the conduct of whose officer in question:
can exception to the act except tho State whose jul
risdiction was 80 invaded. Any complaint from Mica
ga this violation of her territory should be received
with due respect. and, if required due amends should
be made But between the naval officer who made
the arrest and his government, whilst the commit
tee must condemn the act not within his instructions,
and having warrant in law still they find everything
in the attendant circumstances to show that he acu
ated in what he did sng the language of the Presden
by pure and patriotic motives and in the sincere
vction that he promoting the interests and vndca
ting the honor of his country.
Allowance too, should perhaps be made, in reviewing
this act in the anomalous condition Of the place where
the arrest made, and that the landing with
hostile intent against Nicaragua. Although constituting
part of the territory of Nicaragua yet it is very certain
that for any purpose of law police, the of
that State not present The pretension set up by
Walker himself after he landed that he there
commander in chief of the army Of Nicaragua the
committee do not consider worthy of serious criticism
Whatever right authority he may once have had
supposed himself to have had in the republic OF Nicaragua
at end than twelve months before when he
surrendered whatever authority he held and left the
country.
The government de facso the time of his arrest
in other hands, and recognised by this government
through accredited minister Whilst, therefore, the
committee would visit with rebuke the act of
Captain Paudng for the assigned the present is
deemed fit occasion to express on their part the belief
that public officers in any branch of service best
entitled to the thanks and support OF the country, Who
whilst keeping the jealous guard its interests
and honor, most careful to keep within the pale of
the laws. $500
The documents accompanying the message show the
diligent the part of the President and the
administration faithfully to execute the law of 1918 in
the sections quoted did the failure, either to have
arrested the expedition of Walker before its departure
to have intercepted it sea- in the opinion of the
ttee result from any defect in the law the orders
and instructions issued under 1t. 1e t.I
From documents communicated by the Executive to
the House of Representatives, not embraced within the
call of the Senate the following facts appear and which
the committee append for information:
The steamer Fashion cleared at Mobile for San Juan
de Nicaragua Her manifest showed nothing board,
but what the shipper an assorted consisting
of provisions groceries, household goods domestic cloths
farming utensils Sc. and the written instructions to her
supercargo, from the shippers (which amongst the
vessels papers directed him 70 oar the shipment in
that market for cash. to exchange it, any part of it,
for the products of the country at his discretion And
she to take in addition such passengers might
choose to visit Central America After tho vessel left
the port and while at anchor about six miles below
the town. she again visited by officer of the
TOMS and search instituted, with view to discover
whether there anything to show that she engaged
in unlawful voyage His report was, g that every
thing board agreed with the manifest deposited in the
custom house by the captain in clearing the vessel No
munitions of were discovered, and the pas
sengers some 27O in number protested, in
ton to be emigrants 1t not known to the collector
that Walker was on board when the vessel sailed. f
As and ammunition, in large supply were landed
i The cargo at the Point Arenas, it clearly appears that
false manests used to procure the clearance of the
vessel and also appears that false papers, in the nature
of instructions the supercargo exhibited to lu
suspicion az to the true character of the voyage
The first her arrival the coast of Nicaragua
and before the vessel to land, to detach mill
tary expedition fully armed in boats up the river Colo
RADIO zone of the outlets of the San JUAN to seize for
LITIGATION inland and to command that river the next
land Walker and the residue of his party with their
arms and equipment at Punta Arenas who Immediately
raised flag and invested himself with all the insignia of
the camp.
These facts carry with them irresstby the conclusions
first that the expedition escaped by false deceptive pc
tees the custom house, and second that II Gin vio
aton of the aws) military expedition begun and set
foot in the United States to be carried from their ter
ritory and Jurisdiction
The claim frequently made that citizens of the United
States have tho full right of expatriaon however sell
dom carried into practice is in impaired,
far less forbidden, by the existing laws Nor when the
intent is bona tide merely to leave the country is it sub
sct of inquiry under the law where the person is going
OF with what view and yet it will be found that
those whose purpose eyade the real nhbons of the
law always seek refuge immunity under the preence
of emigration aa te
The of the law too clear to be either mis-
read msntcrpreted by innocent persons They make
it only unlawful 'to begin and foot or provide
prepare the of any military expedition enter
prise, to be carried on from thence, &c. @
To constitute the offence it must I've shown j,
lst To be military expedition that IL designed or
I'd The preparation provision of the means for
military expedition /; and,
Sd That such military expedition Is to be carried