Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-02-04
r%HRTY.FIFTH coNGREss-sEcoND SESSION.
MONDAY JANUARY 81, 1859
SENATE

SlUNDAf UANUAhf 81, lcuS
SENATE.
The Vice Presidvlil prv ZEN. laid before the
Senate a communication from the President of
the United States, recommending that 81, 900 be
refunded to Governor Douglass Of Nancou;ci>
Island, which he paid out OF his private fund,
to Governor Stevens Of Washington Territory t"
aid the latter in SURPRISING the late Indian war
in that section. Referred.
Also. a communication from the President Of
the United States, transmitting the remainder
of the claims of the United States against TO-
reign governments. Referred.
A communication was received from the Sec
| rotary of the Navy, transmitting certain infor-
nation in relation to the naval depot ut New
Brunswick, Georgia. Referred.
Mr.. Biglcr offered n resolution that, mas
much as q public debt in time of peace is IN.
consistent with the policy Of tho government,
the tariff should be SO amended as to produce
revenue sufficient to meet the current expenses
Of the government, as also to redeem so much
of the public debt as is liable to cancellation.
Mr.. Is. wished to make this resolution the
special order for Thursday next.
Mr.. Benjamin and others objected.
Mr. Toombs said he was ready to meet this
resolution at any time.
1t was land over.
Mr.. Hunter moved to postpone all the prior
orders, and take up the Indian Appropriation
bill.
Mr.. Doolittle said it was the understanding
on Friday last that the Senator from Vermont
(Mr. Foot should address the Senate to-day on
the Commodore Paulding and Walker affair,
and the general subject Of foreign relations.
Mr.. Bright said e felt it to be his duty to
| call up the bill for the enlargement Of the Ca
. pitol grounds. as soon as the Senator tMr. Foot
had finished his speech.
By unanimous consent, the Senator from
Vermont (Mr. Foot.) at one o'clock, proceeded
to address the Senate on the bill supplementary
to the act entitled IAN act in addition to the act
for the punishment of certain crimes against
! the United States, and to repeal acts therein
mentioned approved April 20, 1878.
Mr.. Foot said he could not vote for the rcso-
~lutions reported by the Committee on Foreign
! Relations, and he did not believe that the great
masses of the American people would directly
OF indirectly complain of the landing of Com.
Paulding in Nicaragua. lie. therefore, offered
a set Of resolutions, approving Of the course of
Commodore Paulding. 1t had been styled in
the Presidents special message to Congress on
the subject as a grave error" and it was stated
that Commodore Paulding had exceeded his IN
structlons from the Navy Department. lie (Mr.
FL denied this, as also the assumption that in
entering Nicaragua Commodore p. made war on
that country.
1t was not charged that in his action he had
violated any principle Of international law. 1t
was neither charged that Nicaragua did not ap-
plaud or approve of the act. The President
had asserted nothing Of the sort, or had the
committee and he (Mr. F. equally refuted
tho ridiculous charge that the originating ofthe
expedition of Walker, was for the object Of
peaceful emigration. Mr.. F. read the circular
instructions issued by the Navy Department
to the officers of the government on our South
ern coasts, in which they were directed to pro-
hibit the carrying on" Of these illegal expedi-
ions, and to prevent their sailing, either for
/ Mexico or Nicaragua.
The commander Of the Gulf squadron had
been instructed to arrest all illegal expeditions
within a foreign Jurisdiction, or to prevcnttheir
landing on n foreign territory. IL Commodore
Paulding had exceeded his instructions. and
committed a grave error" it was simply in
| arrcsting Walker on the land in sight Of the
water, instead Of a~rresting him on the water
in sight of the land. This was a homeopathic
difference. lie would admit that the instruc.
tions were indefinite and uncertain and he
thought that it would puzzle any lawyer in
the Senate to give them a legal Interpretation
1t was, then, neither magnanimouS nor just
! to hold the old sailor responsible for his inter
! prctation of such instructions. But the very
gist Of the instructions was to prevent the
carrying on of an unlawful expedition. and
to arrest them. And q plain, practical man
like Com. P. placed this construction upon
. them. which he executed. lie violated no laws
of the neutral governments, but acted within
the spirit and scope Of his Instructions, accord
ing to any Just and reasonable Interpretation.
as the government of this country had ordered
him to do. Now, the only wrong which this
officer had committed, was that he did not make
the arrest exactly in the right place. But he
accomplished the great object of his mission,
and violated nothing in Nicaragua, rs she is
undoubtedly the best Judge. Justice and hui
manity had been done, and no one had com.
plaincd of the arrest but the criminals them
selves. The very object Of this government
had been accomplished, and well done; yet in
certain high places it had been characterized
rs a grave error" simply because it had been
done by an Interpretation Of the instructions
not exactly in accordance with the views of the
government. This quibbling on technical points
belonged more to the pettifogger than the
statesman. Com. Paulding's invasion Of
Nicaragua was no more an invasion than that
of any private citizen Of this country entering
any foreign territory.
II was not the intention OF Commodore
paulding to make war upon Nicaragua by
landing his soldiers on her soil, nor upon
Walker. He had a warrant for his arrest and
he intended to serve it upon the latter. pcacea
bly,. if possible, forcibly. if he must. 1t was a
far.fetched conclusion OF the President to assert
this. lie was not in favor of rcwarding Com
modorc Paulding, By medals, &c, but was in
favor of staying the impending blow Of cen
sure with which it was proposed to strike him
down.
Mr.. Crittenden, without desiring to review
the particulars of the case, thought that Com.
modore Paulding had committed no breach OF
the neutrality laws.
There was no sovereignty in Nicaragua to be
invaded when Paulding landed. To constitute
an offence an invasion must be made against
the will of q territory or government. Butthe
Nicaraguan government had thanked this 90
vcrnmcnt for the services he had performed in
Kidding the country Of n lawless band, whose
object was rapinc and murder. The President
had pronounced the arrest a grave error be-
fore he had received the expressions Of appro'
val from Nicaragua. Mr.. C.. thought the iudg.
mcnt Of the Senate on this question should 60
forth to the world.
Mr.. Hunter now desired to takcup the Indian
Appropriation bill.
The yeas and nays were ordered on the
motion which was agreed to-yeas 80, nays
81.
So the Senate proceeded to the consideration
of the Indian appropriation bill, and discussed
the amendments of the committee.
Mr.. Bell submitted an amendment changing
the management of Indian affairs to the War
Department; pending which, the Senate adj
journed.
HOUSE OF REPRESENTATIVES.
Mr.. Kilgore. of Indiana, asked leave to in
troduce the following preamble and resolu