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.