JAMES BUCHANAN

WASHINGTON CITY, _January 7, 1858_.

_To the Senate of the United States_:

I herewith transmit to the Senate a report from the Secretary of the

Navy, with the accompanying documents, containing the information called

for by the resolution of the Senate of the 4th instant, requesting me

"to communicate to the Senate the correspondence, instructions, and

orders to the United States naval forces on the coast of Central America

connected with the arrest of William Walker and his associates," etc.

In submitting to the Senate the papers for which they have called I deem

it proper to make a 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. It is quite evident, however, from the communications

herewith transmitted that this was done from pure and patriotic motives

and in the sincere conviction that he was promoting the interest and

vindicating the honor of his country. In regard to Nicaragua, she has

sustained no injury by the act of Commodore Paulding. This has inured to

her benefit and relieved her from a dreaded invasion. She alone would

have any right to complain of the violation of her territory, and it is

quite certain she will never exercise this right. It unquestionably does

not lie in the mouth of her invaders to complain in her name that she

has been rescued by Commodore Paulding from their assaults. The error 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, no matter from whence they came.

This power certainly did not belong to him. Obedience to law and

conformity to instructions are the best and 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.

Under these circumstances, when Marshal Rynders presented himself at the

State Department on the 29th ultimo with General Walker in custody, the

Secretary informed him "that the executive department of the Government

did not recognize General Walker as a 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 in custody to

answer any charges that might be brought against him."

In thus far disapproving the conduct of Commodore Paulding no inference

must be drawn that I am less determined than I have ever been to execute

the neutrality laws of the United States. This is my imperative

duty, and I shall continue to perform it by all the means which the

Constitution and the laws have placed in my power. My opinion of the

value and importance of these laws corresponds entirely with that

expressed by Mr. Monroe in his message to Congress of December 7, 1819.

That wise, prudent, and patriotic statesman says:

It is of the highest importance to our national character and

indispensable to the morality of our citizens that all violations of

our neutrality should be prevented. No door should be left open for the

evasion of our laws, no opportunity afforded to any who may be disposed

to take advantage of it to compromit the interest or the honor of the

nation.

The crime of setting on foot or providing the means for a military

expedition within the United States to make war against a foreign state

with which we are at peace is one of an aggravated and dangerous

character, and early engaged the attention of Congress. Whether

the executive government possesses any, or what, power under the

Constitution, independently of Congress, to prevent or punish this

and similar offenses against the law of nations was a subject which

engaged the attention of our most eminent statesmen in the time of the

Administration of General Washington and on the occasion of the French

Revolution. The act of Congress of the 5th of June, 1794, fortunately

removed all the difficulties on this question which had theretofore

existed. The fifth and seventh sections of this act, which relate to the

present question, are the same in substance with the sixth and eighth

sections of the act of April 20, 1818, and have now been in force for

a period more than sixty years.

The military expedition rendered criminal by the act must have its

origin, must "begin" or be "set on foot," in the United States; but the

great object of the law was to save foreign states with whom we were at

peace from the ravages of these lawless expeditions proceeding from our

shores. The seventh section alone, therefore, which simply defines the

crime and its punishment, would have been inadequate to accomplish this

purpose and enforce our international duties. In order to render the

law effectual it was necessary to prevent "the carrying on" of such

expeditions to their consummation after they had succeeded in leaving

our shores. This has been done effectually and in clear and explicit

language by the authority given to the President under the eighth

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

expedition or enterprise from the territories or jurisdiction of the

United States against the territories or dominions of any foreign prince

or state or of any colony, district, or people with whom the United

States are at peace."

For these reasons, had Commodore Paulding intercepted the steamer

_Fashion_, with General Walker and his command on board, at any period

before they entered the port of San Juan de Nicaragua and conducted them

back to Mobile, this would have prevented them from "carrying on" the

expedition and have been not only a justifiable but a praiseworthy act.

The crime well deserves the punishment inflicted upon it by our laws. It

violates the principles of Christianity, morality, and humanity, held

sacred by all civilized nations and by none more than by the people of

the United States. Disguise it as we may, such a military expedition is

an invitation to reckless and lawless men to enlist under the banner of

any adventurer to rob, plunder, and murder the unoffending citizens of

neighboring states, who have never done them harm. It is a usurpation

of the war-making power, which belongs alone to Congress; and the

Government itself, at least in the estimation of the world, becomes

an accomplice in the commission of this crime unless it adopts all

the means necessary to prevent and to punish it.

It would be far better and more in accordance with the bold and manly

character of our countrymen for the Government itself to get up

such expeditions than to allow them to proceed under the command of

irresponsible adventurers. We could then at least exercise some control

over our own agents and prevent them from burning down cities and

committing other acts of enormity of which we have read.

The avowed principle which lies at the foundation of the law of nations

is contained in the divine command that "all things whatsoever ye would

that men should do to you do ye even so to them." Tried by this unerring

rule, we should be severely condemned if we shall not use our best

exertions to arrest such expeditions against our feeble sister Republic

of Nicaragua. One thing is very certain, that a people never existed

who would call any other nation to a stricter account than we should

ourselves for tolerating lawless expeditions from their shores to make

war upon any portion of our territories. By tolerating such expeditions

we shall soon lose the high character which we have enjoyed ever since

the days of Washington for the faithful performance of our international

obligations and duties, and inspire distrust against us among the

members of the great family of civilized nations.

But if motives of duty were not sufficient to restrain us from engaging

in such lawless enterprises, our evident interest ought to dictate this

policy. These expeditions are the most effectual mode of retarding

American progress, although to promote this is the avowed object of the

leaders and contributors in such undertakings.

It is beyond question the destiny of our race to spread themselves over

the continent of North America, and this at no distant day should events

be permitted to take their natural course. The tide of emigrants will

flow to the south, and nothing can eventually arrest its progress. If

permitted to go there peacefully, Central America will soon contain an

American population which will confer blessings and benefits as well

upon the natives as their respective Governments. Liberty under the

restraint of law will preserve domestic peace, whilst the different

transit routes across the Isthmus, in which we are so deeply interested,

will have assured protection.

Nothing has retarded this happy condition of affairs so much as the

unlawful expeditions which have been fitted out in the United States to

make war upon the Central American States. Had one-half the number of

American citizens who have miserably perished in the first disastrous

expedition of General Walker settled in Nicaragua as peaceful emigrants,

the object which we all desire would ere this have been in a great

degree accomplished. These expeditions have caused the people of the

Central American States to regard us with dread and suspicion. It is our

true policy to remove this apprehension and to convince them that we

intend to do them good, and not evil. We desire, as the leading power on

this continent, to open and, if need be, to protect every transit route

across the Isthmus, not only for our own benefit, but that of the world,

and thus open a free access to Central America, and through it to our

Pacific possessions. This policy was commenced under favorable auspices

when the expedition under the command of General Walker escaped from our

territories and proceeded to Punta Arenas. Should another expedition

of a similar character again evade the vigilance of our officers and

proceed to Nicaragua, this would be fatal, at least for a season, to the

peaceful settlement of these countries and to the policy of American

progress. The truth is that no Administration can successfully conduct

the foreign affairs of the country in Central America or anywhere else

if it is to be interfered with at every step by lawless military

expeditions "set on foot" in the United States.

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