The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-28

Mr.. Bayard, from the Commlttee Oh the
Judiciary. TO which wes referred the protest
against the election of the Hon. Graham n.
Fitch ard the Hon. Jesse ID. Bright, as Sena-
tors IN Congress from the State of Indiana,
reported resoluiicn authorizing the sitting
members and the protestants TO take testimo-
ny, &c.
Mr. johnson, of Tennessee, from the Com.
mittee on the Public Lands, to which was refer
red the bill to Grant any person who is the
head of family and a citizen of the United
States homestead of one hundred and sixty
acres of land cut of the public domain, upon
condition of occupancy and cultivation of the
same for the period therein specified, reported
it back without amendment, and moved that it
be mode the special order of the day for Mon
day. the 9Th February next.
Mr. Kirkpatrick submitted the following res
oiution, which was referred to the Committee
to Audit and Control the Contingent Expenses
of the Senate:
Resolped That the Secretary of the Senate
be and he is hereby directed to pay to Corne-
hns Wendell, out of the contingent fund of the
Senate, the sum of fifteen cents per one hun
dred pages for twenty thousand copies Of the
opinions of the judges of the Supreme Court
of the United States in the case of bred Scott
Us. John T. A. Sanford.
The subject Of the presentation Of medal
to Com. Paulding being taken up, Mr.. Doolit-
tie said:
OF General Walker, as military adventurer,
he should have but little to say We first hear
of him as military adventurer in bis expedi-
ton to Sonora, where, with handful of mis-
guided followers, he was completely repulsed
and defeated. OF his second military expedi-
ton from the United States, against Republic
with which we are at peace, the history is but
too we'll known to the country. He entered
into Nicaragua, where for time he was more
successful. For time he held, or seemed to
hold, the power of the Government there but,
by the same means by which he acquired it
the means of the sword-he lost it again. At
Rivss be was rescued from inevitable destruc.
ton by the officers of the United States Gov.
eminent. For proof of this statement, Mr.. D.
proceeded to quote from the report of the Sec
rotary of the Navy. Whatever power General
Walker had in Nicaragua, was ended upon bis
surrender at Rivas, whether it was de lure or
de facto
Mr.. ID. read several extracts of letters from
Seniors Yrisarri and Molina to the Secretary of
State, showing that they felt grateful to this
Government for the act of Com. Pauldipg in
arresting Walker. He also argued at some
length the question as to whether that act was
Unsuitable or not-quoting Puffendorf and Vat.
tel to sustain the position that there are cases
when it lie the duty Of an officer to exceed the
letter of his instructions for the purpose of more
fully carrying out their spirit. If Com. Paul.
ding had quietly looked on, and made no at
tempt to interfere with the lawless proceedings
of General Walker, it might have been Justly
inferred that this Government was in COLLISION
with him, and not acting in good faith towards
Nicaragua. Bat he repudiated any such idea.
be thought that all the power which the Gov
eminent possessed In the premises was con-
ferred upon Com. Paulding in good faith and
1t would have been a crime for that officer to
have neglected, upon mere technical ohjec-
ton, to carry out the clearly expressed wishes
of his Government.
MIR. ID. also drew parallel between the con.
duct Of Commodore Psulding in this case and
that of General jackson under the administra-
ton of Mr.. Monroe In that case the Admin.
istration not only refused to punish General
jackson, but also to censure him and Mr.. d.
remarked that the only regret be had to express
In the present case was, that, instead of send.
ing in O message half of censure and half OF
apology, the present Administration had not
fully and frankly svowed and justified the &C!
of its officer. When he had concluded his
remarks,
Mr.. Brown moved to amend the Joint resolu.
ton by striking out all after the enacting clause
and inserting, That Congress has heard with
surprise of the arrest of William Walker and
about one hundred ard fifty other persons at
Punts Arenas, in Nicaragua, by Hiram Paul
ding, commanding the United States naval
squadron, on the 9Th day of December, 1857 ;
and seeing that said act was in violation Of the
territorial sovereignty of friendly Power, and
not sanctioned by any existing law, Congre SO
disavows it; and being officially notified that
eaid -pAzsdi." -.~'ss'O-secrctciry INC Navy,
Congress expresses it's condemnation of his
conduct in this regard"
Mr.. B. remarked that he had no speech to
make. What he had to say might as well be
said IN five or ten minutes, as in SO many hours
1t would be noticed that il. his amendm ent he
spoke of General Walker without the use of
any title, and of the persons with him as per-
sons, without assigning them any nationality
whatever. Then he asserted what was simply
truism, that Congress was surprised on re-
ceiving the intelligence that this arrest had
been made. Was there any Senator who was
not surprised at II? IRE amendment goes on
to say that this act was in violation of the ter
ritorial sovereignty OF a friendly Power.
The territory certainly did not belong to the
United States and, as we are not at war with
Nicaragua, or any of the Central American
States, it was violation of territorial sever
eighty, because 1t was unquestionable that for
eign territory YVES invaded by Commodore Paul
ding. The next proposition was, that the act
was not sanctioned by any existing law.
Mr.. b. went on 10 ridicule the assertion that
Commodore Paul1ns ard his men behaved
with great gallantry, In arresting Gen. Walker
and handful of men who made not the slight
est resistance. BE did not know but that it
would next be proposed to give medals to our
army at Salt Lake, if after all the Mormons have
run away, they make desperate charge, and
capture the-women! Laughter
Mr.. Pugh argued the question at some
length, contending that the neutrality laws did
net authorize or excuse the act of Commodore
Paulding.
Mr.. Pearce obtained the floor; and after the
consideration OF Executive business,
The Senate adjourned until Monday next.
HOUSE
Mr.. Daniel W. Gooch, Representative elect
from the seventh district of the State of Massa-
chusetts, in place of Mr.. Banks, resigned, was
duly qualified, and took bis seat on the floor OF
the House.
Mr.. Phillips, of Pennsylvania, from the Com.
mittee of Elections, reported bill for the re-
lief of Charles ]. Iugersoll; which was read a
first and second time, and committed.
Mr.. j. G. Jones, of Pennsylvania, from the
Committee of Ways and Means, reported bills
making appropriations for Notifications; also,
for the naval service; also, for sundry civil ex.
penses of the Government; also, for the legis
lstive, executive, and judicial expenses of Gov
eminent for the year ending the 3O;h of June
1859; which were severaly read twice, and
committed.
Mr.. Phelps, of Missouri, from the same com
mittee, reported a bill to appropriate money to
supply the deficiency in the appropriations foi
paper, printing, binding, and engraving, or
dered by the Senate and House of Representa-
..roc oct he Tbir. hird apd Thirtv n -,