Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-12
DEBATE IN THE U. g. SENATE ON TIL
PRESIDENTS NICARAGUA MESSAGE.
THURsDIy J,ro,,y logo
JANUARY 6, 1858.

PRESIDENTS NICARAGUA MESSAGE.
THURSDAY, JANUARY 6, 1858.
MIR. Macon, (adm:l of Va, moved the reference o
and that it be printed together with the accompany
ing documents.
The motion was agreed to.
MIR. Davis, adm.l Of Miss., dissentpd from the sr
enments contained IN the message. The Presidan
bad assumed that the neutrality laws which reours,
that such expeditions az this should be d
go conferred upon the Executive the power to - -
yond the Jurisdiction OF the United States tosapfs
mem ahls seemed to be ths key to thepolicY op th
part OF the adnlnIstratoutfhich sent th9 eAowl
to the coast of Central A0eiica instead al k6lj;f,s
the vessels where they sH)d have hesaS II
namely name st the mouth or a1isss.in ss. On ih,
described to be, it is only sdemesf ssdoe. ri 81
violation Of the neutrastYSAw S. Tha 81 Sc,sE JeS
that there was an ntsS 81 msk& l. BSisS
nation with which sSas Are 'st pexc sconId
bi. have 1oju ju'tifsd ,s the he dets9gss Gene
moi not ta their w',na srrsst saf beyon gn stA
have mo- no e1tradi,io1 isss SIR%, ss,.s,S
could not have lawfully s5eeT 81 Is f4pon 81
even had they been fuge fps& j1stica. Ma1
msnser sai Of 15e cenpsr
weak to protect themssly re sbspjd use all iarfuI
means to protect our oflss from ios1pe thsis Ter.
rtory: but it is not wi,h.yts q our sovsra:
ment 10 ut ont eIpedltangto catek half dozen or
TO leave the United States and land upon their
shores. 10 this respect he thought we were making
great departure from those principles which here.
tofore GUIDED the conduct OF our government Ii it
be the pleasure OF Congress to give the President DO.
lice power over the high seas, and authorize him TO
use the army and navy as a high constabuary force
let it be done by the passage of laws with that view.
MR.. Mason doubted the e1pedency of discussing the
subject with more mature dsliberation. The Prssi-
dent was, by the Constitution, the head of the army
and navy and the laws Of the land direct how these
are TO be used. He contented himself with the re.
mark that 1t was clearly incumbent on the President
to see that the neutrality laws were faithfully exc.
cuted.
Mr. Crtenden, fopp.) Of KY, referred to the Pre-.
sdent's admission that Commodore Pauiding com.
mitted gross error. According to bis own premises
such conclusion was altogether illogical, and the
conduct OF PauldDg was as confornabe TO law as if
he had received express instructions to do what he
did.
MIR. Brown, tadm. of Miles,, regarded it as little
singular that while the President disapproved of the
arrest OF General Walker, he at the same time e1
ton of law, for Pauldng bad the right to make the
arrest his conduct is not only to be excused but TO
be aPplauded If he had no legal right to do that
ac then the President owes it to the people of the
country to condemn it. If Walker guilty of any
violation of law, and had been arrested and brought
back to our shores fugitive from Justice why is
he not put into the clutches of the aw1 Why was he
taken TO New York and placed in the hands of the
lueEe, tuen Drought mere ana Q6nV6r6u 10
the Executive, and then set at libertyl Why was
he not carried back to Louisiana by the same auho.
rity that arrested him. and there put upon his trial
on this charge Of violating the law7 This was
farce being played out before the American peo
pie, which was disreputsble to all engaged in it.
There had been trumped up this charge against
Walker. when it was known there had been no vio.
aton of law. II they believe that be has violated
the law, they have been guilty of derelicton of duty in
not Furnishing bin for it. The fitting out of an eI
x1sn ntoksar
thing, but the voluntary expatriaon of citizen was
an altogether different thing. II Walker went to Nj
caragua avowDg that il his purpose TO endeavor
to regain the rights Of which he had been dspossess
ed, he did no more than he had right to do. He
(Brown) had right to take his musket upon his
shoulder and 90 and tell the President Secretary of
War and District Attorneys and Marshals every
wnere, that he meant to wage war against Nicara
qua or any other nation, and they would have no
right to molest him. If one man has that right two
men or Eve hundred have it. The mistake was that
the administration were intending TO punish what the
law never meant should be punished, nsmey-the
intent, while in the United States, to fit out expe
dition beyond the limits with hostile purposes 30.
wards a nation with which we are at peace He had
as high regard for the navy as any other citizen;
but if anything could bring eternal reproach and
disgrace upon the navy it was this precise Of
action. First-Commander Chatard allowed Gen. !
Walker to pass him, and then, seeming to have
ginmering idea that he mistook his duty, be un. |
dertook to cover his neglect by resortlng 10 mean
and dirty attempts to insult Walker in bis camp, |
evidently with the intention of provoking him to |
some act 40 that he might have excuse to FIRE |
upoDlhim. Secondly-Com. PauldiDg appeared, a man
of ripe years, doing what every one knew he has
done and which it was unnecessary to recapitulate
and writing just such letter as ought to sI the zeal
Of eternal disgrace upon him. 1t was disgrace TO
the very epauettes bis shoulders. 1t was high time
that our naval officers should be confined TO the dis.
charge of their dutes according to law for there WAS
too much disposition to exceed the law by one and
al Of them. BE could not forbear saying that the
President would better have discharged bis duty to
the laws and the best interests of the country BY
pointedly rsbuking The lawess act of Commodore
Paulding than by excusing it. 1t would not do for
he President to say that Commodore Psuldng's act
vas violation Of law, and then wink at it. No mat
er il Nicaragua does not complain. 1t was not for
ls to violate our lave, even though Nicaragua does
not complain, and execute them when she does com
,lan Our duty is to 20 according to law. II Commo
lore Paulding has conformed to law, let him be ap
,lauded If not, let him be condemned. He admired
he spunk of the Senator from Illinois Mr.. Douglas
o boldly expressing bis views heretofore, although
10 differed from every view uttered by that Senator
N the Kansas question.
he documents printed. because be wanted informs
ion on the subject. When the information was made
'ublic ne would express his We've.
Mr.. Seward, (opp,) of New York. referred to the
act that the President had announced in hs message
hat the arrest of walker was without authority of
sw, but the question then came up whether the ,
ficer who committed this act should be censured or
unished iu any way for it. On that point the Presi-
ent makes an excuse fer Psulding, which was that !
be party who bad been arrested had been indicted
the United States for offence against our laws,
nd failing TO arrest them the high seas, the naval
ficer had arrested them in the performance of the
cry act they bad meditated Here we're two parties
rho were delinquent In the first place there was
and Of awless men, who had escaped the vigilance
the police and gone abroad to levy war, in viola. /
on OF the laws of the United States, with nation
nth whom we we're at amity. On the other hand, r
here officer who, through excess of vigilance :
ad surpassed his Instructions, and had himself COM
lifted violation OF the law. He thought the Prss.
ent had balanced this case with exact Justice. The .
resident had ceosured the fugitivss, and while sd
hitting the good intentions of that officer had also
ould be asksd1 Suppose a punishment more or +
ss severe should be passed upon the officer, j
hat shall be done with the chief ,tfendsr a
ho has been brought backl Nothing has IN done
hich he stands indicted and the Presidspt s defed :,
his teeth by Walker in his late letter, in which he
ates that no matter who may interfere at home n
broad, he Is determined to proceed in the prosscu
pom il, he was quite willing that should be
sssed upon PaudinR, but he must ask them in jus Al
ce to mete out punishment for the greater cri
inal. Suppose the government should punish
auldlng and leave the others to 90 unpunished what
the esson that will be learned from this affair." II n
that you may 90 out Of the jurisdiction OF the ii
nited States and levy war against any nation with
hom we are at peace. provided you can only escape
q vigilance of the police on laud, and if you shall
arrested after you commence your acts, although .,
State shall be grateful for the protection they re-
i've, still the officer who makes the arrest shall bs
lnisbed, and you shall be spprehended. To be con-
tent they should 20 further, and propose to restore
alker to the place from which he was taken. Ii it
invade New Granada or Brazil or any other South N
nerican State. Why should we punish the Paw dl
es or Apaches for committing deprsdations upon e.
citizens and claim that people shall 20 abroad 0
th impunity and commit deprsdatious upon the
ope Of other Staesl If gentlemen think the prin. OF
Pile is right, Let them introduce bill to repeal the 10
utraity laws. b.
Mr.. Davis, tadm.) of Miss-To what principle vi
90 the Senator allude2 L.
Mr.. Seward-That the crime is altogether in the v
ender being caught; but if he escape from the
,ited States and reach the country against which III
war is to be made, the act is innocent and right.