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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 [620] the restraint of law will pre*serve_domestic peace, while the dif

ferent transit routes across the Isthmus, in which we are sọ 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 atcomplished. 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 [621] 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.

WASHINGTON CITY, January 7, 1858.

JAMES BUCHANAN.

[Inclosure No. 1.]

NAVY DEPARTMENT, October 2, 1857.

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, [622] *Commander FREDERICK CHATARD,

ISAAC TOUCEY.

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.]

[Inclosure No. 2.]

DEPARTMENT OF STATE, 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 carry

ing on of any such expedition or enterprise from the territories 1623] 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 interAnd you are also hereby instructed promptly to communicate to this Department the earliest information you may receive relative to such expeditions.

est.

I am, sir, your obedient servant,

[Inclosure No. 3.]

L. CASS.

NAVY DEPARTMENT, October 3, 1857. SIR: I am directed by the President to transmit to you for your guid ance the accompanying circular, which he has caused to be issued from

the State Department to various civil officers. You will regard [624] 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 Ful ton, to proceed Chiriqui, and report from there by letter to you as form. ing a part of the squadron under your command. Transmitted herewith for your information is a copy of his instructions.

Very respectfully, your obedient servant,

Flag-Officer H. PAULDING, U. S. N.

ISAAC TOUCEY.

Commanding Home Squadron, Aspinwall, New Granada.

[Inclosure C.]

UNITED STATES FLAG-SHIP WABASH,

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 per

son.

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 at unlawful military organization to make war upon a people [625] *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.,

H. PAULDING, Flag-Officer Commanding United States Home Squadron.. ISAIAH RYNDERS, Esq., United States Marshal for the Southern District of New York.

No. 142.]

[Inclosure No. 17.]

FLAG SHIP WABASH, Off Aspinwall, December 15, 1857. 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.

The Department being in possession of all the facts in relation to Walker's escape, with his followers, from the United States, [626] *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.

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.

[627]

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.

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.

The remnant of the miserable beings who surrendered at Rivas were conveyed in this ship last summer to New York, and their suffer[628] ings 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 donbtless 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.

Captaiu 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.,

Hon. ISAAC TOUCEY,

H. PAULDING, Flag-Officer, commanding home squadron.

Secretary of the Navy, Washington, D. C.

[629] *Mr. Kennedy, United States marshal, to Mr. Black, Attorney

General.

UNITED STATES MARSHAL'S OFFICE,

New Orleans, November 25, 1858.

SIR: Your letter of the 10th instant was not received by me until two or three days after it was due. Having seen the reply of the United States attorney for this district to one of a similar character from your Department, in which he put you in possession of all the circumstances connected with the subject of your inquiry up to the date thereof, I thought best to allow a few days to intervene between his said reply and mine, lest some new phase of the matter should arise worthy of being communicated to you.

I now have the honor to state that on the 19th day of this month two individuals, named McChesney and Dreaux, both connected with a body designated as the Southern Emigrant Society, were arrested and brought before the grand jury of this district, and examined touching the nature and objects of said society. Nothing having been elicited

from them which would be construed into an intent to violate our neutrality laws, the witnesses were discharged and the matter dropped. Since then nothing has transpired to alter the complexion of the subject. You may rest assured, sir, of my zealous co-operation with the Government in maintaining the inviolability of the neutrality laws of the United States.

Very respectfully, &c.,

Hon. J. S. BLACK,

JOS. M. KENNEDY, United States Marshal, eastern district Louisiana.

Attorney-General of the United States.

[630] *Mr. Semmes, district attorney, to Mr. Black, Attorney-General.

UNITED STATES ATTORNEY'S OFFICE,

New Orleans, Louisiana, December 27, 1858.

SIR: Your telegram under date 25th instant, stating "that all proper and necessary expenses incurred in the execution of the laws will of course be allowed," has been received.

I shall take no action involving expense unless circumstances imperatively require it, and then only after consultation with the marshal andcollector.

Very respectfully,

Hon. J. S. BLACK,

Attorney-General United States.

THOS. J. SEMMES,
United States Attorney.

Mr. Miller, district attorney, to Mr. Black, Attorney-General.

OFFICE UNITED STATES ATTORNEY,

New Orleans, September 1, 1859.

SIR: Your letter of the 18th instant, in regard to a reported hostile expedition against Nicaragua, said to be now on foot in this district, and inclosing a copy of a previous letter on the same subject addressed to my predecessor, was duly received.

In this community no such report as the one alluded to by you has prevailed, and I am satisfied the rumors which have reached the Department are without foundation.

I am deeply impressed with the views expressed in your letter, and shall not fail to exert a watchful vigilance to detect and frustrate any attempted violations of our neutrality laws.

Very respectfully, your obedient servant,

Hon. J. S. BLACK,

Attorney-General.

HENRY C. MILLER,
United States Attorney.

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