Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1858-01-16
THE CAPTURE OF WALKER.
Remarks of Mr. TOOmbs, of Ga, I'm the
SENATE. Ham. 7tf.


Mr.. TOOMBS l do not consider the debate at
all premature. The paper, which has been we'll
considered by the President for several days. is to
be spread before the country. 1t is now going on
the wings of lightning to the uttermost part of the
Republic. / think it contains important errors to
which wish to enter my dissent
Within the last few days the country has been
astounded with reports that General William
Walker, formerly President of Ncaragua, and who
held other high offices in that country under
Government acknowledged by this, a citizen of
Nicaragus, and one hundred and fifty men under
his command, were violently seized at Puuta Ares
mas by an American captain, and forcibly brought
to the United States, he delivered to the mar
shall of New York, brought before the Secretary of
State, and discharged, his men carried to a neigh.
boring port by ship of war, and cast upon the
shore to shift for themselves. naked and penniles
their arms, their stores, their property seized.
That is the case. We call, then, on the President
of the United States to know by what authority
these things have been done by American post
captain in our Navy. He does not vindcate them;
he does not declare that they were legal; he dares
not defend, while he ventures to pallate, this OUT
rage to an American Senate and American Con-
gress. intend to examine some of the grounds
on which he has placed this palliaton.
The President has assumed a convenient mode
of argument to GO to the country. He assum s
point which is now before the legal tribunals of
his country and mine. He assumes conveniently
that the neutrality laws of the United States have
ben violated, and that it s mis- business enforce
| them. In the first place, this has not been made
to appear; it has not been judically determined;
nor do discover that he has offered TO the Senate
! and the country any evidence OF the assumption
| upon which he builds his argument. Tha, is a
question which he is not competent to determine;
but will waive this point, and allow him this
venent, though infelcitous mode of argument, and
| cav that the neutrality laws have been violated by
| Walker and some of his one hundred and fifty
men, though l do not know, and do not concede
the facts to be so. The President assumes that on
account of this violation of law, this officer had a
right to arrest them upon the high seas. Thu. the
| President assumes bis right to the Armg and
| Navy anywhere upon this continent under our iua
risdiction, or anywhere upon the high seas
throughout the whole earth, and upon every island
of the sea- and every part of the land il the coun-
try having jurisdiction does not object He claims
that not only on this continent, but throughout tbe
| whole world, he can use the Army and Navy OF
the United States at bis discre lion provided the
Governments having jurisdiction over these islands
and over those lands do not object. | deny it.
say it is a usurpation Of aatbority not granted by
the Constitution or laws, butin derogation of both.
Sir, there is no point in regard to which tho franz
ers OF our Government were more JEALOUS than the
of the Army aud Navy of the United States.
! For many years after the organization of your
| Government, the regular Army and Navy could
| not be used even 20 suppress open insurrection.
By your act OF 1884, the militia only could be used
but the Army and Navy were not authorized by the
fathers OF the Republic even TO be employed in
suppressing open instruction. Then where does
the President get the authority which he clames |!
He saySit is under the eighth section of the neu-
traty act of 1918, but he does not deign &c quote
| il. say he has no Jurisdiction uywhere for the
enforcement of any law of the United States extra
| territoriay. He never get such authority ex-
| cept by express law, and how far the sw making
| power 60 that point will be question for
| consideration when he attempts to get the power
| from Us. IL is sufficient that he must expressly
get the authority OF law to exercise any e1tra-ter-
ritoria juridcton, for the purpose Of enforc,
| ing every statute of the United States, and he
never can use the Army ana Navy without ex-
| press authority OF law.
These things have been done in a foreign coun.
try, and the attempt is made TO paate thepl on the
| ground that Nicaragua does not complain. It is
| well known TO the most ignorant man here, that
there has been civil war for years in Nicaragua
that Mr.. Walker has been one Of the contendine
parties that he has been the de faeto head of tina
| Government 1t would be passing strange il
those who dispute his authority, and who are con-
tending against him, should complain that the Pre-
sdent OF the United States had taken sides IN Il 4.
| civil war for them and against their enemy. I'm
told there Is civil now Ia Peru; two milit AIRY
chieftains there contestants for the supre me
! power. II the President were to order ano' he,
commodore like Commodore Paulding to & O &c
Peru, catch one OF the conten6ng parties, seix hi
army, and carry them TO some desert island, Or %
some portion of the United States, and cast then
adrift, who supposes the opposite party woul com
planf liz amounts 10 this: that he can me Ike va
by engaging In any civil disturbance which may b
raging in another eoantry;proSiied he so omplet
ly extingushes side that you cannot ear iron
them, and t being for the benefit OF the yther sid
they will not complain. That 10 TO cure the viola
ton Of the Law OF nations and OF the Co nstilaliol
! OF his own country That Is one of hi 5 pretext
that IL defended by the Senator from n. Nv York.
The Presdentssys taas the act OF ,aldng va
illegal, and he cannot justify ii; bat ID wAs goot
thing. lie does not conceal. 10 his al essage, tha
| he rejoices in having indicated one Law by IN,
violation of another, In the language of the Sena
tor from New York. The President cannot com
mand any popular respect; be car not hold th,
proud attitude of ,indicAIor OF u,e laws OF Oh,
country, unless he himself obey the Laws: aad ID
tbis case he must use s.5srriaa fdes. The coan
Try demands il. When Mr.. W aiker gos beyonS
the Jurisdiction of the Uate States, it was no re
prosch 20 the United States; it no repsoach q
oaf people or our gosernm' sut that he went TO
country WATCH he claimed o be bis own, as legal
iy and righually a. the senalos from New Yorl
claims 10 I've citizen of uss United StatesL Whsz
be got beyond COR iarisdi ssion. be had right q