Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1858-01-20

are foreign to the particular case 10 hand. Com
moiore PauIdiug seized General Walker within the
T. rritoria jurisdiction ofNiearagua. This act, COM
mitted within the marine league upon the shore |
of Nicaragua is violatve of the law of nations, and
is not authorized by the act of 1918, other
law of the United States. 1t is usurpation OF |
power not warranted by the Constitution of the |
But so far as Commodore Paulding is censurable. |
there extenuating circumstances which ought, |
in jus ice to him, 10 be duly considered. The IN
structions of the Navy Department. taken in con-
pection with the fact that the similar ofense OF
Commander Davis has never been censured, were
calculated to incite him it. These instructions
and this omission, considered with the fact that
Capt. 'Chatard, for falling to do what Commodore
Pauding has done, has been withdrawn from ms
command, show what Were the intentions OF the
Department Then bear in mind the letter of the
Secretary to LieutensDt Amv, and other -circum-
stances which might be detailed, and how can 1t De
doubted that Commodore Paulding acted precisely
in accordance with the spirit of bis instructions
feel that il is but justice to him to consider those ex
tenustng circumstances; for, sir, if Commodore
Paulding has committed " a grave error" SO DID
Commander Davis when he entered within the juris-
diction of Nicaragua and seized the property oil
Walker in the port of San Juan del Sur, Tor which
he has never been censured. If he has committed
"a grave error" Capt Chatsrd should not have
been stricken from command for not doing simi.
lar thing. When Lieut.. Almy received his copy
OF this very circular, he replied to the Secretary OF
the Navy:
These directions preserve neutrality Of the country
are plain for the of officers where they are
Untt'd States but mast fess hat might find my sci
,ehen rfQ1ired to act IN toreg ana sus
honorable Secretary of the Navy certain gus
pose, for instance, that, eoe lying an port g Central
rnerfcd American steamer should enter having o.
BUFFERS &c must seize this Uessel ?"
Now, mark here is : case supposed to arise NTH
IN port of Central Anasrica just Capt. Chatards
did; and Lieut. Almy axis if he should seize the ues-
sci What was the r, ply of the Secretary OF the
Navy. He said
But where nd that American vessel is manifesy
engaged in carrying an expedition or enterprise om the
territories jurisdiction Of the United States against the
territories Of Mexico Nicaragua Costa Ric contrary to
1s1s already refe red TO- you ao use tie force under your
command 10 preUent and acfl not permit the men or
arms engaged n it, or destined or to be funded in any
Capt Chatard failed do this and for his failure
was recalled. Pauldng did more than exercise
dominion within Central American jurisdiction,
which this would have been.
Now, Mr.. Chairman, Commodore Pauldlng may
not have known of those particular instructions,
but advert to them to show the policy of the Ad-
ministratioo. The President in bis message sent
| in 10 the Senate few days ago, puts a construc-
ton upon the law and that circular, which IL in ac-
cordance with the view | have taken. He says, IN
relation to the act of 1918:
SIN order to render the law eectua was necessary
prevent the carrying on Of such expeditions to their
consummaton after they mad succeeded In leaving our
shores This has been done efectuay and in clear and
plicit language" &c.
| Iouote this to show in connect n with the
| ply TO Lieutenant Almy. who expected to take
| position in port Of Central AmericI, that the
| President believed that while United States war
vessel was lying an port of Central AmerjcI. if a
| steamer entered lrrying body OF men such as
Walkers, it was the duty of the captain to inter-
pose and exercise the power of this nation to pre-
vent the exp edition from landing.
! Commodore Paulding, therefore, had reason to
believe, from the action of the Government in re-
stion to the conduct OF Captain Davis and from the
conduct which caused Captain Ohatqrd to be super
| seeded, that it the intention to have Walker
| arrested either within the marine league upon
the territory of Nicaragus, the one being as awfu
as the other. The President argues though the
| only question is whether the Government of Mica
! ragua objects to this conduct.
Mr.. Chairman, that is not the only question, We
have a written Constitution; have a Governs
ment of laws, which it is highest duty to pre-
serve from inraction. If the President has done
tn by himself by his agents which is unauthor.
ICED by the Constitution the law, it is our duty
10 take cogniz ince OF it. And that is not sill. If
We set up Justification of Commodore Pauldng
and those who gave him instructions to exercise
dominion in Central America, why may not the Bril-
ti>h Government, or any other Government, do
the same thing {? Why may not the other great
naval Powers of the world, in all the civil feuds
existing, and which may exist, between the NOM
grel peoples which inhabit Central America, avail
themselves of this precedent we have set them
and interpose in Central American affairs, assum-
ing, have done, that one faction party is
the Government, and the other outlaws; seize and
bring out of the country one faction, and set up
and treat with the other? Why may not this ex-
ample lead to an utter breaking down of our Mons
roe doctrine in relation to Nicaragua and other
Central American States? These are points
must merely glance at / have not time TO argue
them; and, indeed, it would be unjustflbls to
them at length, in view of the elaborate de-
bate which has already taken place.
/ may state, in this connection, that in the in-
stance OF the Caroline, which was burned by the
British within jurisdiction, upon the Canada
borders. some years go, our Government did not
recogniz this doctrine of invading neutral territory;
end when at later period the British Govern
ment were epdeavoring to organize a military force
10 our t9rritory, it led To long and bitter diplo
matte corr spondence between the two Govern
ments. II seems that Government then COM
prehe ndsd the invioability Of the soil of neutral
Power.
Mr. STANTON. 1 wish 10 inquire whether the
geutl man would have any cause 10 complain if
Great Britain should capture expedition starting
from jamaica, with view of making an inroad
into Central America?
Mr.. ZOLIICOFFER Well, sir, that is ques-
ton which does not come so imme diately home TO
the American people aud the American Congress.
We are not empowered with guardianship over the
action of other Governments, or its suoj sets or CT
tizens. Bat If President aud val officers
attempt TO assert power not authorized by the Con-
stitution and the laws OF the Union Ii is right
and duty carefully TO scrutnize their conduct
The President has in his message, Swallowed
forth policy with relation to Central America to
which cannot give my assent. He informs us
that the treaty we made with New Granada, in
1916 binds Us TO make secure the neutrality of the
isLhmus OF Panama, to guaranty TO that Govern
ment the right of dominion its territory. He
intinates, what have heard elsewhere, that there
10 inchoate treaty existing between Nicsra-
qua and the United States, based upon this same
Inc of policy and that il is his intention to make
similar treaties with all the other Central Ameri-
can Governments; that is, treaties binding as TO
protect their neutrality aud guaranty their domi-
Mon the soil
If we look TO our experiences with New Grana-
da during the eleven years since she treaty was
made, we shall find little inducement TO pursue
this policy futher. cite, for example, the various
outbreaks which have occurred within that period
in the territory of New Granada, and particularly
the massacre OF citizens Of the Unirsd States at
Panama, In 1856. IL would seem that unless the
President should be authorized to use the military
aud naval force in Central America, which he has
asked fer in his message, it you'd be impossible TO
secure the stability OF the ishmus aud prevent the
oft-recarring civil broils and disturoances which
have cursed that people. My opinion il, that sta
bilty aud peace upon the isthmus of Central Amer-
Ca, including that OF Panama, Is all important to
the best interests of the United States in view of
our Pacific and Atlantic possessions. Ii Is more
important to the United States than to any other
H.