Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-15
DEBATE IN THE SENATE OF TIE UNITED
STATES


/ Mr.. Mason moved the reference Of the message to
the Committee on Foreign Relations and that it be
/ printed, together with the accompanying docu
/ ments
Motion agreed to.
Mr.. DAVIS, Of Miss, dissented from the argu-
ments contained ia the message. The President had
| assumed that the neutrality laws which required
that such expeditions this should be suppressed,
also conferred upon the Executive the power to 60
beyond the jurisdiction Of the United States to sup
press them. This seemed-to be the key 10 the pol
/ icy on the part Of the Administration, which sent
the Navy down 10 the coast Of Central America, in
stead Of stationing the vessels where they should
have been stationed, namely, at the mouth of the
Missis lPpi aud on the coast Of Alabama. Were
this expedition all that il is described to be, it is
only misdemeauOF, instead Of a violation Of the
/ neutrality law The suspicion that there was an
/ intent 10 make war against nation with which We
are at peace would have justified the detention OF
Gen. Walker and his men within the limits OF the
United States bunot their arrest beyond our own m
I it's As we have no extraditOn treaty with NicaTa'
qua they could not have lawfully been takenupon hef
soil even had they been fugtives from justice Inc
President has no more power TO make such arrests
than any member of Congress il our nei&nDois
are too weak to protect themselves, we should use
all lawful means 20 prevent our citizens from lnNa-
ding their territory but it is not within the theory
of our government TO ct out expeditions 10 catch
half a Dozen or q dozen, Que or two hunorednen
who may choose 20 leave the United states aou lana
upon their shores. In this respect he thought We
we're making great departure rom nose primer
niles which heretofore guided the conduct Of our
Government If il be the pleasure OF Congress TO
give the President police powers over the high seas
ana authorize him 20 use the army and navy as a
constabuary force let il be done by the passage Of
avs with that view.
Mr. Mason, Of Va, doubted the eIpedieucy Of
discussing the subject without more mature deliber-
alton. The President was, by the Constitution, the
head Of the army and navy, aud the laws of the
land direct how these are to be used he content
ed himself with the remark that it was clear y in
cumbent the President to that the neutrality
laws were faithfully executed.
Mr.. CRITTEEDES Of Ky, referred to the Presi-
dents admission that Commodore Padding co mmit-
ted grave error. According to his own premises
such a conclusion was altogether illogical and the
conduct of Paulding was as confOrmabe to Law as
he had received express instruction to do what be
did
Mr. BRowx, Of Miss, regarded it as q It'll e sin
gular that while the President disapproved of the
arrest Of General Walker, he at the same time,
cused that act. The arrest Of Walker was in
violation Of law; for if PauldiDg had the right to
make the arrest, his conduct is not only to be
cused, but TO be apPlauded. If he had no legal
right to do that act then the President owes 1t to
the people Of the country to condemn it. II Wal
ker was guilty Of any violation Of law and had been
arrested and brought back 10 our shores fugi-
tive from justice, why is he not put into the clutches
Of the law Why was he taken to New York and
placed in the hands Of the Marshal there, then
brought here and delivered to the Executive, ard
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 this charge Of
violating the law This was a farce being played
out before the American people, which was disre-
putable to all engaged in it. There had been
,rumped up this charge against Walker, when it
was known there had been no violation Of law If
they believe that he has violated the law they have
been guilty Of dereictiOn Of duty in not Furnishing
him, for it.. The fitting out of expedition in
violation Of the neutrality laws was thing, but
the voluntary expatriatiOn Of citizen was alto
gether different thing. If Walker went to Nicara-
qua avowing that IL his purpose to endeavOr to
regain the rights Of which he had been dispOssesed
ne did no more than he had a right to do. He
Brown had right TO take his musket upon his
shoulder and 60 and tell the President Secretary Of
War, and District AttOrnies, and Marshals every
where, that he meant to wage war against Nicara-
qua, or any other nation, and they would have no
ri yht TO modest him. If has that 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 wilhelm the United States to fit out an
expedition beyond the limits with hostile purpose
towards a nation with which we are al peace He
had as high regard for the Navy as any other eiti.
eternal disgrace upon the Navy 1t this precise
course of action.
First-Commander Chatard allowed Gen. Walker
20 pass him, and then, seeming TO have a glmmeT.
ing idea that he mistook his duty, he undertook to
cover his neglect by resortiug 10 mean and dirty
attempts to insult Wakerin his camp, evidently with
the intention Of provoking him 10 some act 50 that
be might have an excuse to fire upon him.
Sec0udly-COmmOdor Paulding appeared man
of ripe years, doing what every one knew be has
done and which IL was unnecessary TO TecapitUste,
and writing just such letter as ought to afhx the
seal Of eternal dsgaCe upon him. Ii was disgrace
ta the very upauetes on his shoulders Il was high
time that naval officers should be confined to the
discharge Of their duties according to law; for there
was too much disposition to exceed the law by one
and all Of them. lie could not fOrbe8r saying that
the President would better have discharged his duty
to the laws and the best interests Of the country by
nontedly rebukingthe laWless act Of Com Paulding,
than by excusing e. 1t would not do for the Presi-
dent to say that Com. pauldings was violation
of law and then wink at IL. No matter if Nicaragua
does not complain. 1t was not for TO violate our
laws even though Nicaragua does not complain, and
execute them when she does complain. Our duty
is 90 20 according to law. Ii Com. Paulding has
to law, let him be applsuded. If not, let
him be condemned. lie admired the spunk of the
Senator from Illinois Douglas) in boldly expressing
his views heretofore although he differed from every
view uttered by that Senator the Kansas question
Mr. H0usroN was anxious TO have the documents
printed because he wanted information on the sub
.ccl. When the information was made public he
would express his views
Mr. SEWARD referred to the fact that the President
had announced In his message that The arrest of
Walker was without the authority of law, but the
question then came mp whether the officer who com
mitted this act should be censured or punished in
any way lorit. On that point, the President makes
au excuse for P8uIdng, which was, that the party
-Hr..IE ..H a~rsHs .#-sNrH 81.
United States for offence against our laws and,
failing 60 arrest them the high seas, the naval |
officer had arrested them IN the performance Of the
very act they had meditated. Here were two par /
lies who were delinquent. In the first place there /
was a band of lsWless men who had escaped the /
gileuce Of the police, and gone abroad 10 levy war
u violation Of the laws Of the United States with
nation with whom az amity On the other hand
here was au officer who through excess of yigencc,
mad surpassed his instructions and had hmselfcom-
niuted violation Oithelaw. lie thoughtthe President
lad balanced this case with exact justice. The Presi
lent had censured the fugtives and while admitting
he good intentions Of that officer had also censured
aim for violating the law What more could be
asked Suppose punishment, more or less severe,
should be passed upon this officer. What shall be
lone with the chief offender who has been brought
Jack No hing has been done towards bringing him
a trial Tor the offence fOrWhich he stands indicted
md the President is dehed TO his teeth, by Walker
N his late letter, in which he states that no matter
n BIO may interfere, al home abroad be is deter
mined 20 proceed in the prosecution of his design
honorable Senators insisted upon it, he was quite
willing thstcensure should be passed upon Pauldiug
Iut he must ask them in justice 20 mete out some
punishment for the greater criminal. suppose the
government should punish Pauldiug and leave the
DJhers % 20 UNPUBLISHED, what is the lesson that
viii be learned from this affair 10 is that you may
70 out Of the jurisdiction Of the United States and
evy war against any nation with whom are at
Deace provided you only escape the vigilance Of
be police on land and, if you shall be arrested
uer you commence your acts, although the State
hall be grateful for the protection they receive, still
he officer who makes the arrest shall be punished,
nd You shallabe apprehended. To be consistent,
hey should 60 further, and propose to restore Wal
er TO the place from which he was taken. fit
7as right 90 invade Nicaragua, it equally right
o invade New Grsnadsor Brazil, OF any other South
mericau Stale. Why should we punish the Pawnees
2 Apaches for committing depredations upon our
itizens and claim that our people shall 60 abroad
nth impunity, and commit depredations upon the ,
gople of other States If gentlemen thilk the
Ii1ciple is right let them introduce bill TO repeal