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