Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part II, Volume I
Mr. McKeon, district attorney, to Mr. Vanderbilt, New York.
December 18, 1856.
Sir: Information has reached the Department of State that arrangements are in train in this city for the purpose of a hostile military expedition against the republic of Venezuela. It is reported that you are to supply transportation, arms, and munitions of war for the expedition.
[611] I have been instructed by the Attorney-General of the United States to investigate the subject, and deem it my duty to ask you what truth there is in the report as far as you are concerned. I will be pleased to receive from you such information in regard to the matter as it is in your power to impart to me. I ask this the more readily because I feel assured that you, *as a good citizen, would not willingly aid in the perpetration of such a criminal violation of the laws, sovereignty, and public honor of the United States.
Very respectfully,
United States Attorney.
Cornelius Vanderbilt, Esq.,
New York.
[612] Message of the President of the United States, communicating, in compliance with the resolution of the Senate of January 4, 1858, the correspondence, instructions, and orders to the United States naval forces on the coast of Central America, connected with the arrest of Wm. Walker and his associates, at or near the port of San Juan de Nicaragua. (See Sen. Doc, 35th Congress, 1st session, Ex. Doc. No. 13.)
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,” &c.
[Page 669]In submitting to the Senate the papers for which they have called, I deem it proper to make a few observations.
[613] 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. [614]
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:
[615] 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 [Page 670] *and eighth sections of the act of April 20, 1818, and have now been in force for a period of more than sixty years. [616]
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.” [617]
For these reasons, had Commodore Paulding intercepted the steamer Fashion, with General Walker and 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.
[618] 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.
[619] 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 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.
[Page 671]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.
[620] 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 pre*serve domestic peace, while 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. [621]
Sir: I am directed by the President to transmit to you, for your guidance, the accompanying circular, which he has caused to be issued from the State Department to various civil officers.
You will regard the instructions contained in it as addressed to yourself.
I am, respectfully, your obedient servant,
- ISAAC TOUCEY.
- [622] *Commander Frederick Chatard,
Commanding United States sloop Saratoga,
Aspinwall, New Granada.
[A similar letter to the above was addressed to Commander Thatcher, commanding United States sloop Decatur, Panama, New Granada, and to the commandants of the navy-yards at Portsmouth, New Hampshire, New York, Boston, Philadelphia, Norfolk, Pensacola, and San Francisco.]
Washington, September 18, 1857.
Sir: From information received at this Department, there is reason to believe that lawless persons are now engaged within the limits of the United States in setting on foot and preparing the means for military expeditions, to be carried on against the territories of Mexico, Nicaragua and Costa Rica, republics with whom the United States are at peace, in direct violation of the sixth section of the act of Congress, approved 20th April, 1818. And under the eight section of the said act it is made lawful for the President, or such person as he shall empower, to employ the land and naval forces of the United States, and the militia thereof, “for the purpose of preventing the carrying on of any such expedition or enterprise from the territories *or jurisdiction of the United States.” I am, therefore, directed by the President to call your attention to the subject, and to urge you to use all due diligence to avail yourself of all legitimate means at your command to enforce these and all other provisions of the said act of 20th April, 1818, against those who may be found to be engaged in setting on foot or preparing military expeditions against the territories of Mexico, Costa Rica, and Nicaragua, so manifestly prejudicial to the national character, and so injurious to the national interest. And you are also hereby instructed promptly to communicate to this Department the earliest information you may receive’ relative to such expeditions. [623]
I am, sir, your obedient servant,
[624] Sir: I am directed by the President to transmit to you for your guidance the accompanying circular, which he has caused to be issued from the State Department to various civil officers. You will regard the instructions contained in it as addressed to *yourself. A copy has also been sent to Commander Chatard, at San Juan del Norte, with similar instructions.
The Department has directed Lieutenant Almy, commanding the Fulton, to proceed Chiriqui, and report from there by letter to you as forming a part of the squadron under your command. Transmitted herewith for your information is a copy of his instructions.
Very respectfully, your obedient servant,
- ISAAC TOUCEY.
- Flag-Officer H. Paulding, U. S.N. Commanding Rome Squadron, Aspinwall, New Granada.
Off San Juan del Norte, December 11, 1857.
Sir: This will be handed to you by General William Walker, who has given me his parole of honor that he will present it to you in person.
[625] With the naval force of this squadron, I arrested General Walker on Punta Arenas, on the 8th instant, for a violation of the neutrality laws of the United States, he having set on foot in the United States an unlawful military organization to make war upon a people *with whom we are at peace, and was, at the time of his arrest, at the head of said organization in the act of making war, as above stated.
As marshal for the southern district of New York, I consign him to your custody.
I am, sir, yours, &c.,
Flag-Officer Commanding United States Home Squadron.
Isaiah Rynders, Esq.,
United States Marshal for the Southern
District of New York.
Off. Aspinwall, December 15, 1857.
No. 142.]
Sir: My letter of the 12th (11th) instant informed the Department that I had broken up the camp of General Walker, at Punta Arenas, disarmed his lawless followers, and sent them to Norfolk in the Saratoga. The general came here with me, and will take passage in one of the steamers for New York, where he will present himself to the marshal of the district.
[626] The Department being in possession of all the facts in relation to Walker’s escape, with his followers, from the United States, *as well as the letters of Captain Chatard and Walker to me after he landed at Point Arenas, the merits of the whole question will, I presume, be fully comprehended.
I could not regard Walker and his followers in any other light than as outlaws who had escaped from the vigilance of the officers of the Government, and left our shores for the purpose of rapine and murder, and I saw no other way to vindicate the law and redeem the honor of our country than by disarming and sending them home. In doing so I am sensible of the responsibility that I have incurred, and confidently look to the Government for my justification.
Regarded in its true light, the case appears to me a clear one, the points few and strong.
[627] Walker came to Point Arenas from the United States, having, in violation of law, set on foot a military organization to make war upon a people with whom we are at peace. He landed there with armed men and munitions of war in defiance of the guns of a ship of war placed there to prevent his landing.
With nothing to show that he acted by *authority, he formed a camp, hoisted the Nicaraguan flag, called it the “headquarters of the army of Nicaragua,” and signed himself the commander-in-chief.
[Page 674]With this pretension he claimed the right of a lawful general over all persons and things within sight of his flag. Without right or authority he landed fifty men at the mouth of the river Colorado, seized the fort of Castillo, on the San Juan; captured steamers, and the goods of me chants in transit to the interior; killed men, and made prisoners of the peaceful inhabitants, sending to the harbor San Juan del Norte some thirty or forty men, women, and children in the steamer Morgan.
In doing these things without the show of authority they were guilty of rapine and murder, and must be regarded as outlaws and pirates. They can have no claim to be regraded in any other light.
Humanity, as well as law and justice and national honor, demanded the dispersion of these lawless men.
[628] The remnant of the miserable beings who surrendered at Rivas were conveyed in this ship last summer to New York, and their sufferings are yet fresh in the memory of all *on board.
Besides the sufferings that would necessarily be inflicted upon an innocent and unoffending people, these lawless followers of General Walker, misguided and deceived into a career of crime, would doubtless have perished in Central America, or their mutilated and festering bodies have been brought back to their friends at the expense of their country.
For the above reasons, which appear to my mind quite sufficient, I have disarmed and sent to the United States General William Walker and his outlawed and piratical followers for trial, or for whatever action the Government in its wisdom may think proper to pursue.
Captain Ommanny, of Her Britannic Majesty’s ship Brunswick, offered to co-operate with me in removing the party from Point Arenas, but as they were my countrymen, I deemed it proper to decline the participation of a foreign flag.
I am, sir, yours. &c., &c.,
Flag-Officer, commanding home squadron.
Hon. Isaac Toucey,
Secretary of the Navy, Washington, D.
C.