The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
1HTRTY-EIFTH CONGRESS.
FIRST SESSION..
Senate.


ton adopted requesting the Secretary of War to fur
rsh euch estimates of the amount of the appropriation
accessory to such parts of the volunteer force operating
in Florida during the past year as had not been paid for
wan. Of appropriations applicable TO this purpose.
THE
Mr. JOHNSON (adm } OF Tenn, from the Committee
Public Lands reported back the homestead bill and re-
commencing its passage Made special order for the
second Monday in February
INCREASE OF THg ARMY.
Mr.. DAVIS (adm) of Miss, from the Committee on Mill
ta,y Affairs reported bill to increase the military estab
Ishrnent. Made special order for Monday next.
INDIANA CONTESTED SEAT.
Jrdc.~v resolution tn At "Messrs Bright and
Fitch Whose election as Senators from Indiana is
tested ana ali persons protesting against their election
ney Dc permitted TO take testimony the allegations
OF he proestans and the sitting members touching all
District Court OF the United States or before any judge OF
the superior Circuit Courts of Indiana by first giving
ten days ro;ce Of time and place Of the proceedings in
some puO,c gazette printed at Indianapolis" The reso-
luton was laia oyer for future consideration
THE P,JIDING MEDAL.
The Senate then took up the joint resolution authorizing
The President present medal with suitable devices, to
Conmo6 ore Papldpg, a testimonial OF the high
entertained by Congress for his gallant and judicous
duet in arresng lawess military expedition, and pre-
yeUilg ne came from carrying Oh actual war against
Nicaragua.
Mr. CAY, (adm) of Ala, said i. would seem like pre-
judging the question 10 discuss at the present time AS
the Conn tee Foreign Relations had not yet made
rest Walker the resolution should take that direction.
Mr.. DooinrrE (opp) OF Wis, could not foresee what
might te toe nn disposition o. Ine fesoiuton put nc ae
sired 70 state the grounds on which he deemed it his duty
70 introduce IT, lie wished to address himself calmly and
dispasonaey to the judgment OF the senatebecause,
By appealing to any partlzan prejudice or passion,
he would got advance the object in view. He
would speak earnestly, for he felt deeply the
importance &C the proposition in the present juno
tore Of affairs which involved not the character and
coniuC. O. hgh and gallant veteran an officer OF the
navy uu the p0cy present administration the
q
republics Ct Central America, ard perhaps more than all
ether things the hooor, integrity ana good faith OF the
history c. Walker who he said, was arst heard of
rs military acvenurer in Sonora where, with a
repulset ano defeated He subsequently, entered
Nicaragua, where, for time he was more successful.
Pic held, or seemed to hold, the power of the
government there, but lost il by the same means
he acquired 1t, namely-by the sword. AT Rvas he
was rescued from inevitable destruction by officers
Of the Urited States government. Whatever power
Walker had IA Nicaragua ended upon bis surrender
q. Rivas, whether Il de lure de facto. He read
extracts q letters from YrasarI Molina Secrea-
~ STATE, show their gratitude to Commodore Paud
ing for aITestirg Walker and his mcn, and quoted from
Puffendcri and yael to sustain his postious There
when becomes the duty of an officer TO exceed
tte letter Of his Instructions for the purpose Of more
iully carrying out their spirit" Had Padding quietly
looked and made no attempt 10 interfere with the law
less proceed ngs Of Walker might have been Justly in
ferrec tina. this government In COLLISION With him,
and not acting IN good ialth toward Nicaragua
He repu0sied such an idea, and thought that all the
power which The government possessed IN the premises
conferred PauldDg in good faith, and 1t would
have been crime for that officer TO have neglected upon
n technical objection to carry out the clearly ex
pressed wishes of his government lie argued that 60
veruc-s might justly be held responsible not only for
what they DO but for what they fail to do-not only for
what by the government ITSELF but for what Is
doa, ty ~ citizens with the knowledge of the govern
mert wkea they have the power 10 prevent IT, Hence
the NEGLECT CT this government 10 prevent the expedition
agans, Nicaragua from being organized and set on foot
within its limits when that occurrence was notorious, and
the mt full power to hinder it, would have
been ust for declaration Of war by Nicaragua
against 'hs country had not been Intercepted before
chat the tiger bad been let loose, but she could
never complain teat we again chained him up She might
indeed that Walker had been suffered 70 vo.ata
Der territory but that officers had entered her ter
rlory 10 remove him The only regret he had IN this
case was that instead OF sending message OF half cen
sure ana ha apology that the administration had
full ard frankly avowed andjusted the act Of Paul
Mr. BRoyS (adm) Of Miss, moved a substitute for the
resolution declaring the arrest OF Walker and tbs follow
violation Of the territorial sovereignty Of friendly
Power, and, not being sanctioned by any existing Jaw,
Congress ssAyows the act and expresses its condemna
tion OF Commodore Pauldng's conduct n this regard
Mr. BRowY IN explaining his substitute, said that the
territory certainly did not belong the United States,
and not at war with Nicaragua II was viola
toa Of territorial sovereignty, because was uhques'
tonaby foreign territory which invaded by Paulding
He had s.tre aontvcly TO the remarks oil the senator
from Wisconsin hear by what laws the act Of Pauldng
was 70 DC hatod The President had said II was grave
offence aud although the President did not attempt 10 pal
Late H. he did not attempt to JUSTIFY II upon any legal
grourd II there ever was a fair election In Nicaragua
was when Walker was elected. Yet he had been called
a pirate. II 50, what right had the executive 70
turn pirate loose upon the streets OF Washington
But this was miserable pretext, these facts being
80 relative 70 the Of Paudng All he asked was that
Congress should dsayov and con1emn IT, and the con-
placed the express ground that the act
wa sayowcd by the administrator. II the act had been
av1wec BY the Executive he should have asked congress
10 pas yoo OF censure against tne PRESIDENT or scere
tar, OF the Navy, whoever gave the order We had
nae cd fallen upon strange times when Pauldng could say
10 the Secretary Of the Navy-"lou fogy, you nncom-
poop, you medding With matters you Know hothIng
about The Secretary of the Navy, In reply instead OF
ng Paudng SAID rather thought nc had the
rieh 20 dgrtse OF the naval forces pleased IL such
n letter had been addressed by Porter, Elliott, or
any Of the cid captains, 10 such Secretaries OF the
navy Smith, Thompson or southar1, ne would nave
been forthwith rebuked and punished II the present
Secretary does not think t 70 vindicaie his oic con-
duo. he let alone. The resolution OF the senator
from Wisconsin proposes TO give medal IN Pauidng for
his gallant conduct Great God Pauldng commanding
one hundred guns, with i've hundred mon, captured
Walker ard handful OF followers, VINO lad uo"h tnel,
arms at The drs summonsl Was Congress Tor ts caieo
upon falsehooOy pauldng said that his men be
havcd with extraordinary calamity iic llr F-osnl
approach Salt Lake, and make desperate charge aud
capture tho women Congress would be called npon TO
vote TIE soldiers medals for cxtraoriinary gallantry
Uaughicr) That would be much gallant than the
act of Pauldipg, and mu IN more deserving OF metals
Gsenewed laagh'erl lie undertook a., 70 cay tina,
q right 20 exps,ratc Themselves. There Is proof
that the expedition set on foot in the United states
They had rieht 10 go 10 Nicaragua taxing the cJnse
qucnccs OF their He repeated he would not vote for
medal 10 man who violated the laws uf his country
ond who, the lresident says, CoinmNed kraNe crrW
Mr. PrUn lsdm) Of Ohio, sad, Il, ~ BIS been cht ged
Walker and his fugitves rom justicc, Why
were they not handed 10 the Marshal for tie district
of Louisiana, "a ere tho offence commiodf IL Is idle
20 say they arrested as fugitives The argument
that the President, Commander inChef Of the army
and navy has right 20 pursue the fuvcs beyond the
United states Of he question. n arrested p
rates they could DC tried NJ the very first port pirates
why were not Walker aad his followers, when IN New
YORK and Norfolk committed to PRISON. Was true TIA,
the Prtsdt NJ could OF his own will, without altho.
rity from Congress, send not only tho navy but
strn In on uarf
The law Is susceptible OF no such construction. The
power Of the President, under the neutrality law, 10
se he army navy and Inaia 70 prevent unlawful mill
tsrx exnedltns being lifted out and carried from
TERRITORY II the expedition escape his power Is At an
end That men should escape IL nothing more than an
eycyv sav occurrence II the President wants moro
power let him AJAX Congress TO grant ~ Walker went
70 a peaceful country and committed an offence hc de-
served the seyercst repi eherson bus " he went 70
rnr lfrlk hInsef and