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.