The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1858-01-19
INTERESTING DEBATE
IN THE U. S. SENATE.

with accompanying documents, relating to
the arrest Of Gen. Walker by Commodore
Paulding. The following debate ensued
after the reading of the Message:
MrDavis, (dpm. of Miss, dissented from
the arguments contained in the Message.
The President had assumed that the neu-
trality laws which required that such ex-
petitions as this should b. suppressed, also
inferred npon the Executive the power to
go beyond the jurisdiction of the United
States to suppress them. This seemed to
be the key to the policy on the part of the
administration, which sent the navy down
to the coast of Central America instead of
statinning the vessels where they should
have been stationed namely: at the moHth
of the Mississippi, and on the coast of Ala
hama. Were this expedition all that it is
dr>crihcd to be. it is only misdemeanor
instead of a violation of the neutrality law.
The suspicion that there was an intent to
make war against a nation with which we
are at peace. would have justified the de-
tention of Gen. Walker and his men with
in the limits of the United States, but not
their arrest beyond our limits. AS we
have not an cxtradition treaty with Mica
ragua. they could not have lawfully been
taken upon her soil, even had they been
fugitives from Justice. The President has
no more power to make such arrests than
any member of Congress. flour noighbors
are too weak to protect themselves, we
Cb Ill l., ,f,,I
citizens from invading their territory, but
it is not within the theory of our govern
mcnt to fit out expeditions to catch half
dozen or a dozen, or one or two hundred
men who may choose to leave the United
States and land upon their shores. In this
respect he thought we were making great
departure from those principles which here
t"fore guided the conduct of our govern
ncnt. If it be the pleasure of Congress to
give to the President police power over the
high seas, and authorize him to use the
army and navy as high constabulary
force, let it BE- done by the passage of laws
with that view.
Mr. Mason doubted the cxpediency of
discussing the subject without more mature
deliberations. The President was, by the
Constitution, the head of the army and
navy, and the laws of the land direct how
these are to be used. lie contcnted him.
self with the remark that it was clearly en-
cumbent OH the President to see that the
neutrality laws were faithfully executed.
Mr. Crittenden, (oppD of Ky, referred
20, fl,o 1u,i hat
dore Paulding committed gross error
According to his own premises such con-
clusion was altogether Illogical, and the
conduct of Paulding was as confernable
To law fine had received express instruc-
ti"IIs to do what he did.
Mr. Brown, (dcm.) of Miss, regarded it
little singular that while Tie President
disarprovcd of tho arrest of Gen. Walker.
he at the same time excused that act. The
arrest of Walker was in violation of law,
for if Paulding had the right to make the
arrest, his conduct is not only to be ex-
cuscd but to bo applauded. If he had no
legal right to do that act, then the Presi-
dent owes it to the people of the country
TO condemn it. If Walker was guilty of
any violation of law, and had been arrested
and brought back to our shores as a fugi-
tive from justice, why is he not put into
tho clutches of the law ! Why was he
taken to y. York and placed in the hands
Of the Marshal there, then brought here
and delivered to the Executive, and then
set at liberty! Why was he not carried
back to Louisiana by the same authority
that arrested him, and there put upon his
trial on this charge of violating the law
This was a farce being played out before
the American people, Which was disrepu-
table to all engaged in it. There had been
trumped up this charge against Walker
when it was known that there had beer
no violation of law. If they believe that
he has violated the law, they have been
guilty of dereliction of duty in not punish
ing him for it. The fitting out of an ex.
petition in violation of the neutrality laws
was one thing but the voluntary expatria,
ton Of citizen was an altogether different
thing. If Walker went to Nicaragua
avowing that twas his purpose to regain the
rights of which he had been dipossessed
he did no more than he had right to do
He BROWN had right to take his muske
upon his shoulder and go and tell the Presi
dent. Secretary of war and District At
torneys and Marshals everywhere, that he
meant to wage war against Nicaragua Of
any other nation, and they would have ne
right to modest him. If one man has tina
right, two men or five hundred have it
The mistake was that the administration
were intending to punish what the Law
never meant should be punished, namely
the intent, while in the United States, t.
fit out an expedition beyond the limits will
hostile purposes towards nation which w
are at peace. lie had as high regard fo
the navy as any other citizen; but if any
thing could bring eternal reproach and dis
grace upon the navy it was this precis.
eourxa of action FIRST Com1,aoder Cbo