35TH CONG....1ST SESS. Arrest of Walker-Central America—Mr. Wright. form, I trust that experience, which is the result of time, may prove that I was right. where, as I said before, it was perhaps better it which I had been contending for from the begin- When my colleague speaks of my vote on the Crittenden bill being different from the votes of the great majority of my southern friends, and with a majority of the North, why did he not mention that upon the conference bill two as hon-league, at last, comes down in substance to that est southern men as ever graced this floor recorded their names with the North? Does my colleague say that the gentleman from South Carolina [Mr. BONHAM] and the gentleman from Mississippi [Mr. QUITMAN] have, because of that vote, been false to their States, and become northern in their feelings and principles? How would they feel, and how ought they to feel, if I had risen up in my place, and, in the presence of the assembled Representatives of the nation, undertook to brand these gentlemen with having pursued a course by which they forfeited the confidence of their country-had perpetrated "an unparalleled outrage" because they felt bound, under a sense of duty, to record their votes with what my colleague calls the Black Republican party? I merely present this attempt to make me out an Abolitionist as one of those things to be placed in the game category as reading the names of those who subscribed for my speech. In my reply to my colleague's speech, I said, in substance, that I was surprised that he had not pointed out some portion of my speech that an ultra northern man could put his name to, or an ultra man anywhere, which he has been wholly unable to do. I desire to stand or fall by what is true -the facts, nothing more. My speech is before the country, and I ask to be judged by my speech. I am willing to let my first speech, and the remarks which I have subsequently made, go to North Carolina, or anywhere else, and be judged of and decided on by an honest constituency. I did complain, in answer to my colleague's speech, that he, in speaking of my remarks against the Senate bill, interpolated, or added, " in other words, to her admission as a slave State." I remarked, in my speech, that no man could have been more gratified than I, to have had Kansas in with the Lecompton constitution, all things being right and fair; and yet my colleague added, as I thought unkindly, said words, apparently to sting and mortify. I desired to ask my colleague the question what he did mean by the use of these words as descriptive of my objections to the Senate bill, and he very courteously declined to be interrupted, but promised that before he concluded, he would explain. He has not done so, and I suppose he forgot it. Now, Mr. Chairman, I have done. I am sorry Mr. GILMER. I dislike to deny my col- Mr. SCALES. I'merely want to ask my colleague a question which has nothing to do with the discussion. Mr. GILMER. No, sir. I must respectfully decline to have anything interpolated in my speech, as my colleague refused me the privilege of having something interpolated in his speech. Mr. SCALES. That does not justify my colleague for want of courtesy to me. Mr. GILMER. My friend can have the floor when I am done, and can make a speech. Mr. Chairman, I have presented my views. I I do not conceal the fact that it was annoying which I did not hear, and which my friend from On another subject I gave my colleague a fair South, to show that gentlemen, whose political My colleague brings to my attention the fact that I voted against the committee of conference. I did so, and, I think, for the best of reasons; and I should have continued to vote as I did, had I seen that, by doing so, I could have forced the two Houses of Congress to have taken the CrittendenMontgomery bill. But indications were otherwise. I desired not to have an adjournment of Congress without some such settlement. The bill reported by the conference committee contained substantially, but indirectly, all I insisted on. The Green amendment was whirled to the winds, and the question was left to be decided substantially HO. OF REPS. lication of the list of subscribers to my colleague's speech. Mr. GILMER. My colleague has no right to make another speech; and I object, unless I am to have the privilege of replying. Mr. SHAW, of North Carolina. Does my colleague object? Mr. GILMER. I do, unless you will agree that I shall have an opportunity of replying. Mr. SHAW, of North Carolina. I was not going to reply to my colleague. I was going to make a single remark in regard to the publication of the list of subscribers to his speech. ARREST OF WALKER-CENTRAL AMERICA. IN THE HOUSE OF REPRESENTATIVES, The House being in the Committee of the Whole on the state of the Union Mr. WRIGHT said: Mr. CHAIRMAN: Some time since, when the Committee on Foreign Affairs, to whom that part of the President's message relating to the capture of Walker had been referred, made their report to the House, I offered the following resolutions as a substitute: "Resolved, That the capture of William Walker by Commodore Paulding was without authority of law. "Resolved, That said capture was within the letter and spirit of the instructions of the Navy Department, and espe cially that portion of the instructions which ordered one of its officers to repair to the Island of Chiriqui, on the coast of Nicaragua, where it had reasons to believe said expedi tion would rendezvous.' And another of said officers 'to proceed to Cape Gracios, Honduras, skirting along the coasts, looking in at the mouth of Blewfield inlet; thence to San Juan del Norte, Nicaragua,' Resolved, That the right of the citizen of the United States to expatriate himself and change his allegiance; 'to emigrate with arms in his hands,' for the purpose of setthing new countries and founding new States, is an inhe rent and sacred right, one that ought to be in violate, and one of which he cannot be constitutionally deprived."" I sought the floor, on various occasions, to vindicate the resolutions, but was unable to obtain it. I now proceed to address the committee on them, and subjects intimately connected therewith. vantage he may obtain on the questions I have The paper, usually denominated the Govern- dice. Mr. STEVENS, of Washington, obtained the floor. Mr. SHAW, of North Carolina. With the permission of the gentleman from Washington, I desire to say a single word in reference to the pub and knowledge." These have been certainly hin The great controller of Nicaraguan affairs, has not been generally known in this country. The A ruling power has been behind the throne. "cloth of gold" has hidden its deformities. The Earl of Warwick was called "the king maker." He overthrew and established dynasties. "The Transit Company," technically, "the American Atlantic and Pacific Ship Canal Company"sometimes known as "Stebbins & Co," sometimes as "Vanderbilt, White & Co," and perhaps other names, located in New York-bas ruled its destinies for some years. It has overthrown two Governments and established two, and now has its leviathan folds around it, supported, protected, and defended, both by this Government and the British. President Martinez and Yrissari are its mere puppets, to represent government. This company furnished a large portion of the means by which Walker was introduced into the country, and, in combinaion with Castillo, or rather, the liberal party, which he had represented, (he having died before Walker's arrival,) overthrew the Chamorro, or aristocratic party. When the company failed to control Walker's government, it went to work to overthrow that, as it had done Chamorro's. In conjunction with British emissaries, it succeeded in arraying five Central American Governments against Walker, and aided them by its counsel and means in the war which followed. By some means unknown, it succeeded in getting the countenance and aid of this Government, by whose naval officer (Commander Davis) Walker was first captured and brought back to this country. Upon Walker's return to Nicaragua it was busy at Washington; its members were dined at the White House., Scandal says some of the heads of Departments bought stock, or had previously bought it. The Government agreed, through Yrissari, to protect it in all its franchises. Its president wrote to the Secretary of State to have "the fillibuster Walker" taken away-said it was necessary for the good of the people of this country-that he had steamships ready to put upon the route for purposes of transportation, but was afraid of Walker, &c. Walker was accidentally captured, and the Martinez and Yrissari Government installed, and the said company, the British, and the northern half of this Republic, let in. I have no time to enter into the details of this iniquitous transaction. I must, however, refer to some facts more minutely. By the Yrissari¦ treaty, three main points are treated for: First. Two free ports to all nations, kindred and tongues, and especially our cousins, the British, at either end of the transit. Second. The protection of the company in its rights; this is the grand point. Third. Free transit across the isthmus to all Governments. Now observe, first, Walker "and his young men, mostly from southern States," (as one of the capturing admirals calls them in his dispatch,) are taken out of the country. Now who are put in by the treaty? The British, and all other nations, except the southern half of this. For one of the stipulations is, protection to the company. What are its rights? Not only exclusive transit, (what a monopoly!) but exclusive colonization. Examine its contract with Nicaragua and Yrissari. My limit of an hour prevents its publication. I will give an extract of Yrissari's letter to Mr. Cass, under date of 30th December last: "The undersigned deems it to be his duty to inform his Excellency the Secretary of State that the Constituent Assembly of Nicaragua has approved and confirmed the contract made by the undersigned with the American Atlantic and Pacific Ship Canal Company, the only one vested with the privilege of carrying across the isthmus, as the only one also which, for the present, and so long as the Government will not have otherwise disposed, has the right to carry emigrants to that country under such conditions as have been imposed on this company. All other emigrants or colonizers whatsoever that inay be conveyed to that country will be refused admission, and compelled to depart from the territory of the Republic." "Considering it highly important that the tenor of this note, especially that portion touching emigration to Nicaragua should be made public, the undersigned would entertain the hope that the Secretary of State will find no objection to have its contents published." And this, a Democratic Administration, supported by nearly the entire South, publishes! Young men, mostly from the southern States," "will take due notice and govern themselves accordingly." Any desiring to emigrate to Nicaragua will please go by New York and get "their papers" of this land monopoly, this stock-jobbing and governmental company. Taking Walker away accidentally, this is the treaty made "of purpose. Can it be possible that the President was amusing the South with the "Kansas abstraction," while practically he was using the power of the Government to take "slave labor" out of Central ¦ America and put free labor in? Was he not only giving territory to "free labor" in Kansas, and principle to the "slave power," but was he doing the same thing in the tropics? His antecedents would not lead us to such a conclusion. Facts seem to point that way. Surely I do not rightly apprehend them, or they are susceptible of explanation. Hear what a leading British paper says. After rejoicing at the probable overthrow of slavery in some of the border States, he proceeds, (I quote the London News:) "More significant still is the proposed settlement of Central American lands with white laborers. This is one of the consequences of the failure of Walker, and of the alarm which he caused to Nicaragua. The Minister from Nicaragua lends eager countenance to the scheme, in hopes of obtaining a respectable population, introducing capital, industry, and commerce, and of keeping at arm's length, by the same method, the tipsy, quarrelsome, marauding pioneers of slavery. Several thousand white working men have taken passage for the new settlements. Time will show what their success is likely to be, and whether they can really carry on that competition with the South in regard to southern products, which must be their inducement to leave their country while such vast areas remain unappropriated there. Another motive may, however, be, that in Central America, they are more secure from the curse of slave institutions than they now feel themselves to be in any part of the Union. The real nature of the migration seems to be proved by the excessive wrath of the Virginia newspapers on the promulgation of the enterprise." No wonder that "my Lord Napier and Sir Gore Ouseley" did agree to the Yrissari treaty. Is this the American supremacy in the Gulf and Central America, of the Democratic platform? Shall the American Navy be made,by a Democratic Administration, to act the part of scavengers for the British, in the Caribbean sea and along its coasts? Will American statesmen submit to this? Shall we thank the Administration that Walker, with his men, "mostly from the southern States," has been taken away, because, if we had not done it, the British would? Shall we vote Paulding a sword because on an American coast, under British guns, and the approving smiles of British officers, he captured his countrymen? And having captured his countrymen, he converted his ship into a theater, and made his men play low comedy for the entertainment and amusement of British soldiers! Oh, my country, how hast thou fallen! Our sires voted thanks and swords to their gallant tars; but in those days, the fresher days of the Republic, "knights wore spurs who won them." Congress voted McDonough a sword; but McDonough drove British navies out of American seas. Plattsburg, with fourteen ships, he fought seventeen; with seventy-six guns, he fought eighty-six; with eight hundred and fifty American seamen, he fought one thousand British. On Champlain's quiet waters, he argued the rights of his countrymen with the British, from the port-holes of his ships, with eloquent broadsides. In honoring him, I have thought my country did honor herself. Paulding captured his countrymen without firing a gun, with a British navy at his back. Shall we vote him a sword? What say you, representatives of my country's honor? At A Congress of our fathers voted Paul Jones thanks and a sword. The commander of the Bon Homme Richard, in sight of a British coast, in British waters, boarded a British ship, his superior in men and guns. When his flag was shot away, the opposing commander, supposing he had hauled down his colors, asked if the captain of the ship had surrendered; his reply was, "He has not yet begun to fight, sir!" Lashing his cannonriddled, sinking ship to that of his enemy, and calling upon his men to follow him, he sprang to the enemy's vessel, and walked her slippery decks her victor and commander. Verily, I have felt right loyal to my country when I have read how she honored the dauntless hero. But Commodore Paulding-what has he done? Has faction and fanaticism effaced the last vestige of justice from the mind of my countrymen. As a subaltern, he but executed the order of his superior. He did that in a most ungallant and ungracious style. Clothed with a power that was wholly irresistible || HO. OF REPS. by those with whom he had to contend, he insulted and brow-beat his victim. In an official note to surrender, Paulding told Walker he lied, and threatened to hang him. With four hundred men, well armed, and with cannon, with a part of the British fleet floating in the harbor, and ready to help, he landed, and, without firing a gun, captured" one hundred and fifty young men, mostly from the southern States," badly clothed, badly armed, and not disposed to fight their countrymen. In that band there were some that, under the stars and stripes, had heard the thunders of Chepultepec, Cherubusco, and Molino del Rey. 66 39 Paulding faced no danger, run no risk, accomplished nothing likely to add to his country's renown or give luster to the page of her history. These captured "young men from the southern States" he sends in "a vessel without a stove,' in the dead of winter, back to their country. Shall we vote the sword? That's the question. There was an enemy captured on that occasion, that has not generally been noticed, but was returned by the commodore under his "list of killed and wounded." Upon that enemy, we are told, by "some lookers on in the service," there was an assault of a serious character. It formed a sort of rear guard of "the captured,' and was found in the shape of two barrels of corn whisky. Under the commodore's "list of killed and wounded," if you will observe closely, you will notice "a sack of salt, a bag of beans, and two barrels of corn whisky." Upon this latter "force" of the enemy there was made a most determined and desperate charge. For violence of onset, and desperation of purpose, nothing has equaled it since the charge of Ney, at the head of the Old Guard, on the field of Waterloo. It is unnecessary to state, the victory was complete, the enemy was routed, dispersed, and annihilated. It is possible the distinguished Senator from Wisconsin, in the other end of the Capitol, may have been caught with this part of "the encounter" in moving his resolution. Upon inquiry, I ascertained we both belonged to that respectable order known as "hard-shell Baptists." One of the peculiarities of that excellent people is said to be a disposition to demolish" this dreadful enemy, whenever and wherever discovered. As such rencounters are always accompanied "with imminent risks," I have thought it possible it was to this part of the fatal affray" the sword was intended to go. Sir, if this is the idea,"I give in." My distinguished colleague [Mr. STEPHENS] said, in his speech on Walker's capture, that it "was illegal and an outrage. Right truly and eloquently did he say it. There is no parallel to it in the history of this Government. Jackson did not thus treat those "fillibusters" who conquered and civilized Texas. No Government ever committed a more unlawful and more unjustifiable act. Yrissari has applied to Walker the epithets of "robber, murderer, pirate," and such like. Sorry am I that the President, in his effort to justify his action, has applied the same terms. Of the pompous mongrel, nothing better was to be expected. It is below the dignity of the President's office. He wronged the citizen, that was enough. Gentlemen, endeavoring to justify the Presi dent, have pursued the same course; they have gone further, and declared Walker a failure as a ruler and a general. Let us inquire a little into the facts, and see how stand the "issues" the Government and its friends have made upon this "youth from a southern State." Nicaragua has had no stable Government for many years. Revolution and anarchy have reigned over that Eden of the western world for a long time. Walker's government, in duration and efficiency, has not been equaled for nearly a quarter of a century. In 1855, there were two contending factions for the presideney. The aristocracy leaning to European influences, headed by Chamorro; and the liberal or democratic party, headed by Castillo. They were engaged in war for supremacy when, through the agency of this New York company, which sought to rule the country through the liberal party, a contract was entered into between Castillo and Walker, then of California, to the effect that Walker should maintain Castillo and his party in power, (himself becoming 35TH CONG.... 1ST SESS. Arrest of Walker-Central America-Mr. Wright. that ought to have stood by him, and made other see, a citizen of the Republic;) and furnishing, there-Buchanan is of this Republic. The Government The United States Minister recognized, offcially, the Government of Rivas under Walker's auspices. It again twice recognized Walker's. It received his minister, Padre Vijl, at Washington., In June, 1856, Walker reordained the decree establishing slavery, believing his republic adapted to that kind of labor, and as likely to be best developed agriculturally by it. About the same time, the New York company, undertaking to govern Walker, was given to understand that he was President of the Republic, and not Mr. Vanderbilt. Five Central American States made war upon him. The British emissaries, in conjunction with Vanderbilt, did all they could to overthrow him. He was at last besieged at Rivas, for several months, where he fought with terrible resolution, himself and his men feeding on mules and dogs. Massena never displayed more fortitude, or fought with more desperate courage. The enemy never made an assault that they were not driven back with immense slaughter. His extremity was very great, but he never surrendered; and the opinion of the best informed is, that had not Commander Davis captured him and" brought him off," the enemy would have been compelled, from want and sickness, and its immense losses, to have evacuated the country. He was brought off in May, 1857. By his indomitable energy, by the 14th of November following he raised men and money to recover his lost.rights and put back to Nicaragua. On the 17th of the same mouth, three days after his departure, Yeissari, who had never, up to this time, been recognized by the Administration, was introduced to the President by Secretary Cass. The "man of straw" became "the minister plenipotentiary." The obnoxious Yrissari treaty was concluded. On the 8th of December, Paulding captured Walker, brought him back, and surrendered him to Secretary Cass, I believe, through the famous Captain Rynders. The aged Secretary, surveying him in gr at doubt as to the precise order to give, finally delivered to him Captain Winfrey's command to his militia company, to "disperse, and go where he damned pleased." in this "one virtuous act," hopes of a returning prodigal. Can it be that the veins opened to let out Democratic blood," and thought to be healed, are bleeding again? Walker's motives were ambitious, but virtuous. That he sought to found a stable government over a beautiful country, but a debased and wretched people, is certainly true. That he sought to do it by legal means and legitimate warfare, is also certainly true. Rule badly as he might, it must have been better than anarchy, or the reign of terror and death-of a foreign-moneyed monopoly. Look how it grinds and scourges and kills in the Indies." A word as to his abilities. Gentlemen say he is a failure as a general. It is easy to rob one of laurels that have been hardly won. Where did he ever lose a battle? It is said he "was driven out of Sonora." By whom? By sickness and hunger. He entered Nicaragua with forty-six men. His first battle that his enemies say he lost, he fought against odds-ten to one. With fifty-five Americans and ten natives, as before stated, he fought and drove out of a town six hundred, killing and wounding half. At Massaya, he fought two hundred and sixty men against two thousand, and beat the enemy. At Granada he fought two hundred and seventy against two thousand eight hundred, and killed and wounded fifteen hundred. He fought twelve battles, generally with about When the enemy made its assault, he fought Such are the outlines of the facts. Who, then, was robbed? Walker by the Government of the United States and the New York sock-jobbing monopolists? or Nicaragua by Walker? What were Walker's rights? Was his contract with Castillo a fair one? Did he fight faithfully for his adopted country? Where are the fifty-eight thousand | acres of land he bargained for? Where the army he was to command? Was he not a lawful President? Our Government recognized the Minister of whom? A pirate, a thief, and a robber? Did her vessels of war salute a man in the violation of the laws of his country-one going on an unlawful expedition? While he served the New York Constrictor, and permitted the abolition of slavery to stand, he was a hero, "the gray-eyed man of destiny.' A change came over the spirit of his future, when it crossed the "spirit of freedom." From the unanimity with which the camp followers of the " statesman from the Western Reserve of Ohio," [Mr. GIDDINGS,] rallied to the support of the Administration in Walker's cap-the notice of this Government, it should be for ture, "I guessed" there must be a "nigger" in it. I did not then know it. Sure enough, that venerable statesman's ear had heard the master's lash and the negro's wail over the roar of the dis tant sea. Walker is this day, by all law, human and Divine, as much the President of Nicaragua, as Mr. A word upon what has been termed "the neutrality act. "This is the act under which the President seeks his justification for his serzure. It cannot be justified under it. In the first place, there is no such act as "the neutrality act" known to the statute-book. There is "An act for the punishment of certain crimes against the United States"-not against other nations. The crimes pointed out in this act are matters between the United States and its citizens, just as any other crimes are. Foreign nations have nothing to do with it. When foreign nations bring offenders to || HO. OF REPS. ject as another. When we trespass the law of But never did the head of a nation make a greater mistake than did the President in his message, when he said this act conferred upon him the power to use the Army and Navy "to prevent the carrying on of military expeditions," &c. There is no such general grant. By no means, There is nothing like it. The eighth section of that act does authorize him" to take possession of and detain a ship; to prevent the carrying on,"&c. Is there no difference? Mark: he says there is grant of power" to use the land and naval forces or the militia to prevent,"&c. The act says "to take possession of and detain a vessel, in which a military expedition is set on foot," &c., and "its prize," (if it has taken any.) Any man of fair mind, who will read the section, will see it could only have contemplated res sels in our ports. The ninth section authorizes the President to use the same force to compel a slip to depart our ports which ought not to be here. The language of the eighth section, under which alone he pretends to justify the use of the Army and Navy and militia, does not authorize him to seize nor to canture, but to take possession of and detain, and to do this, as my colleague has well said, "to prevent the carrying on," &c. And not only to use the Navy, but the Army, and not only the Army, but the militia," to take possession of and detain." Will the President take the milita about to foreign ports to take possession of and detain vessels, &c., to prevent the carrying on of warlike expeditions? Outside of the marine league the neutrality act no more authorizes the President to use the Navy or Army or mititia to make a seizure such as Paulding's capture of Walker, than it does to make war. One is as much a usurpation as the other. Let us for a moment analyze this far-famed act, "to punish crimes against the United States, "about which so much is said, and in which all earth's nations are so much interested, and which the British in particular, and other nations in general, rec. ommend us to execute for our benefit. It has thirteen sections. The first six define and punish certain crimes-nothing more. If a ciuzen violates them, anybody may sue out a warrant, and the marshal will arrest. If resisted, he will raise "the posse." No army or navy is to be used here. Nobody pretends there is any grant of any such power in either of them. The seventh de clares, the district courts shall take cog dizance of the captures within the marine league of our coasts. We pass the eighth for the present. The ninth gives the President power to use the Army or Navy or militia, "to compel any foreign vessel la depart, which, by the laws of nations and treaties, ought not to be here." The tenth compels owners of armed ships to give bond that they shall not be used to make war, &c. The eleventh author izes collectors to detain any suspicious vessel, ull the further order of the President, or its owner gives bond it shall not be used for war. The twelfth repeals other acts. The thirteenth enacts that this act shall not prevent prosecutions for piracy or treason. Thus we have it all. On the eighth section, and that alone, is there pretensc of power to use the Army and Navy and militia. I have given a faithful exposition of that. It is one thing thing for the citizens of this country to fit out military expeditions agai other countries. And it is another thing for the citizens of this country to migrate to other coun tries permanently, and fight when they get there, to rule it. They must take their chances If they are overpowered, they die. This Government cannot interfere in the mode or measure of their punishment. When the brave Crittenden, with his compatriots, were taken prisoners in Cuba, our consul would not even go to see them in their dungeons before their execution. They died with the constancy and courage of the American char acter. Shali we, then, when they are successful, as Walker was, make war upon them ourselves; for offenses against our Government on one sub-places? I hope not. Surely this outrage upon and that, too, to put "money jobbers" in their some breach of" the law of nations," or some treaty 35TH CONG....1ST SESS. Walker and his men, will yet be redressed by our Arrest of William Walker-Mr. Hawkins. with that; but we do, if she or any other Power The distinction between citizens of this country fitting out military expeditions against other countries, and emigrants, is to be found in the animus manendi and the animus revertendi-the mind of remaining in that other country, or the mind of returning to this. Where there is the mind of returning, it is an offense against the socalled neutrality act. Where the mind is to emigrate, to remain and take his chances, it is law-eign immigration, when not carried on by the Govful; it is a right, an estimable right, one of which he cannot be constitutionally deprived. If our citizens have not this right, we are worse off than the Irish under British rule. Whenever I am satisfied that I am wrong in this, and that we belong to the Executive; that he can send after us, and run us down, and catch us, and bring us back, I shall do my best to revolutionize my Government; I shall despise its principles, and defy its power. From the capture of Walker, such would seem to be the President's view. I hope by this time he has taken the second sober thought. That Paulding acted within his instructions is too manifest to admit of doubt. To prevent the expedition, why order a vessel "to the Island of Chiriqui, where it was thought they would rendezvous?" Was it, if her commander found fillibusters on it, to look at them and sail off? Was it to lie around and prevent their getting off, and starve them to death? Why order a ship "to skirt along the coasts of Honduras?" Suppose her commander saw the fillibusters setting on the coasts, was he to sail off and leave them there? Why order him "to look in at Blewfield Inlet?" Was it to grin at them, if found; expecting that, like Captain Scott's coon, they would give in? ernments for purposes of colonization, sympa- The British, in the face of our declared policy, Was there duplicity in the President in this matter? When the South complained, he said Pauld-proceed to take possession of the best harbor on ing "committed a grave error. "When the North and the British rejoiced, why, then, the organs said "the President, in Walker's capture, had inaugurated a policy." This was wrong. The President has read the old Scriptures to some profit. The Jews had a ceremony of bringing up a goat once a year; and the High Priest, putting the sins of the people and himself upon him by laying his hands upon his head, sent him away to the mountains. He was called the scape-goat. The President saw the force of the ceremony. He always has one at hand. When pressed to the wall by the illegality of the seizure, he puts his hand on Paulding; he "committed a grave error. Now, let us have it one way or the other. If Paulding did it, let "the policy inaugurated" be Paulding's; quit flattering the President. One of the evils of all Governments is the "dogs that eat the crumbs which fall from their master's table.' It requires a strong mind to appreciate their meanness and despise them. All men love the "flattering unction." A wise man, however, while he listens, will not be seduced. Sometimes he will learn his own folly by the very excess of the adulation. It is thought by some good judges that the President's table is well attended." I have no time to enter into detail upon my third and last resolution. It will not be denied. That it has been violated, no right-minded man can doubt. The slave of a faction, who despises truth if it conflicts with gain, can give some excuse as a plausible pretext, for any injustice, yea, for crime; the love of liberty for assassination. Our foreign policy is marked out in the Cincin nati platform. Let us have courage to stand up to that. If we have not, let us strike it out. The Monroe doctrine, which is to be "adhered to with unbending rigidity," does not require any acquisition of territory. It does not require any interference with the commerce of foreign countries on this continent. It does not prevent individual emigration to any portion of it. It does not require any protectorate of this Government over any of its Governments or territories. It does say, however, that European Governments shall not plant their old, decayed systems of kingcraft and priesteraft upon it. Upon our northern border, Great Britain has planted her "lords temporal and her lords spiritual." It is said the policy of giving Canada a prince of "royal blood" is now being agitated. We do not, by the Monroe doctrine, propose to interfere || HO. OF REPS. every land, capable of building in a few years a navy as large as that of Great Britain, for a sum equal to two years' interest upon the public debt of that country, who could doubt the resuh? In fall view of all the resources of the two countries, comprehending, as far as I may be able, all the consequences of a collision, I do not believe that England can survive the struggle. But that is immaterial. Let us take down our colors or fight. The consequences of war are terrible, I know; but if England will undertake, in defiance of our policy, to colonize Central America, and police American seas, let it come. Let us maintain our policy or sink the last ship in the American Navy, and exhaust our forests in building new ones. ARREST OF WILLIAM WALKER. SPEECH OF HON. G. S. HAWKINS, IN THE HOUSE OF REPRESENTATIVES, The House being in the Committee of the Whole on the state of the Union Mr. HAWKINS said: Mr. CHAIRMAN: I am aware that anything savoring of animadversion upon the conduct of Commodore Paulding, in his recent capture of William Walker, is not calculated to find much sympathy or favor with many members of this House; but, animated by a sincere desire for the attainment of truth and justice, I shall not permit my opinions or conduct to be swayed either by popular clamor or public applause; and the violent tirades gainst Walker, or fulsome adulation of Paulding, are, to me, matters of supreme indifference, exercising no influence or control over or upon me. The event that has given occasion for this discussion is numbered among the things that were; but it has brought with it an involution of principles of the highest importance-principles embracing questions of national and international law-and, as such, is entitled to the most serious consideration. the coasts of Honduras, and form her colony at I am not fond of fighting, individually or nationally. When I am satisfied it must be done, however, I think the best way is to have it over. A fight is sometimes prevented by rendering palpable you are ready. It may be so with the British. While they are a brave, they are also a considerate people. A serious conflict now with the United States would develop the greatest naval and military Power in the world. I know England's advantages at the beginning of the strife-her trained soldiers, her thousand battle-ships, her immense steam power. I know how, temporarily, we should suffer; but how would my country rise with the strife! As Young America smarted under his blows, how would he learn wisdom from adversity! What a Power our country is, if the emergency should arise to rouse her energies! England is old. Her rulers, wise and valorous, are wanting in vigor and skill. Her capacity to pay is stretched to its utmost tension. The slightest shock to her credit, and it would vanish forever. Her supplies are drawn from this country. Her commerce lives upon it and by it. She would be troubled for fighting men as well as means. How different the condition of this country! Growing in vigorous youth, free from debt, full of men for soldiers and seamen, and able to procure recruits, exhaustless recruits, from almost As to William Walker, I confess I have but small faith in the star of "the gray-eyed man of destiny," for it shines dimmed and pale, receiving or borrowing no luster from his civic or military talents. That he possesses uncommon personal courage, force of will, and firmness under difficulties, there is no doubt; but these attributes of character appear unaccompanied by the requisite knowledge of the art of war, the gift of gaining the affections of his troops, and the enforcement of a salutary discipline, save by acts of extreme and probably unnecessary severity. He permitted himself to be overreached by a coup de main of the Costa Ricans, thereby losing the command of the San Juan and the lake; and being deprived of these points, he was unable to receive succors through these channels, or make a successful retreat. He allowed himself to be involved in a controversy with the Transit Company, which became one of the leading causes of his failure; and instead of using his power in the name and through the agency of others, who were not likely to enkindle the local jealousy of the people of the isthmus, he committed a serious error in assuming the reins of government. Whilst making these strictures, however, I am free to admit that his greatest errors were his misfortunes; for he went not forth like Napoleon, 35TH CONG....1ST SESS. accompanied by the goddess of Fortune as well as the god of War; and if he had been successful, he would have ranked with Bolivar and other deliverers of their country from oppression; but as it was, he had to learn, in the language of a British statesman, that— "A successful resistance is a rerolution, not a rebellion. Rebellion, indeed, appears on the back of a flying enemy; but revolution flames on the breast plate of the victorious warrior." Arrest of William Walker-Mr. Hawkins. avenge an insult to its sovereignty. If Paulding has acted in accordance with the orders of his superiors, or if his act has been adopted by them, the culpability rests not with him, but them. But I regard his conduct repudiated by the Administration, as shown by the release of Walker in this city, and the censure cast upon him (Pauld-, ing) by the highest functionary of this Govern ment. It may be proper for the Executive of this nation to palliate or extenuate the condust of a naval officer high in rank.. It is his privilege; it is an it is for him to exercise the pleasing prerogative of seasoning justice with mercy; but when a question of law, international or otherwise, arising from a certain state of facts, is submitted to an American Congress for its solution, we ought to decide upon the question itself, and leave the palliating circumstances, if any, to another branch of this Government, In his first most extraordinary expedition, I felt a deep interest not only in the man, who, after being invited to Nicaragua by one of the two par-attribute pertaining to his high appointment; and ties contending for the mastery-those of Chamorro and Castillon-accepted the call, and, accompanied by only fifty-six followers, fought battles successfully, and within a year after his advent was elected, almost unanimously, President of the country; but I felt an equal interest in the success of a cause by which the masses of that region might be relieved from oppression of all kinds in time of peace, and the horrors incident to interminable and bloody wars. I felt, sir, that there was a prospect of American progress in one of the finest regions of the earth; that the people of those regions, on becoming acquainted with our laws and institutions, might gradually become imbued with their spirit and follow our example. I felt that an ally might be gained, through whose agency, based on good will and reciprocal interests, a route for all time might be gained across the isthmus to our possessions on the Pacific that could neither be disturbed by the bad faith of the Governments in Central America, nor by the intrigues of foreign Powers. I felt, sir, the force of that sentiment alluded to by Mr. Webster, in his correspondence with the Chevalier Hulsemaun, at the breaking out of the revolution in Hungary, when he remarks that "The American Government and people take a lively interest in the events of this remarkable age, in whatever part of the world they may be exhibited; and they cannot suppress the thoughts or hopes which arise in men's minds in other countries from contemplating the successful example of free Governments." I felt, sir, the sentiment of a high functionary of this Government, whose heart always beats responsive to whatever is noble, brave, or patriotic, when he declares "I am free to confess that the heroic effort of our countrymen in Nicaragua excites my admiration, while it engages all my solicitude. I am not to be deterred from the expression of these feelings by sneers, reproaches, or hard words. He who does not sympathize with such an enterprise has but little in common with me." I felt, sir, the sympathy as expressed for the cause in Nicaragua, in one of the resolutions ingrafted upon the Cincinnati platform, in 1856. And, sir, Commodore Paulding himself, in 1856, partaking of a feeling which at that time pervaded this Republic, wished success to the enterprise of William Walker! A distinguished gentleman of this House, and a member of the Committee on Naval Affairs, has shown me a letter sustaining this statement, and I will thank my friend from North Carolina to send the letter to the Clerk's desk, to be read "for information." Walker played the game boldly, and he lost; he risked everything upon hazard of the die, and It was adverse; and his expedition will be read and remembered as an episode in the history of nations, displaying how much can be achieved by means, however inadequate to the end, when guided by American emprise and American valor. As to Commodore Paulding, I will endeavor to prove what the President has asserted, that he has been guilty of "a grave error." Yes, sir, an error of so grave a character that, unless some mark of reprobation is placed upon his conduct, the result, at some future period, may be productive of the most disastrous consequences to this nation. If officers of the Navy are to understand that acts similar to Commodore Paulding's are to pass unnoticed, there may be a rehearsal of the drama, when this Government may be obliged either to disavow the act, and render acknowledgments humiliating to its pride as a nation; or else, in adopting it, be precipitated into war. A medal to Paulding now, or a presentation of thanks, cannot fail to induce-ay, sir, invite-imitation of a most illegal and unwarrantable invasion of some country that may possess the will and the power to This is not a case of mere individual misconduct, where good motives or intentions can be pleaded by way of exculpation; it is an official act, and, as such, should receive a more rigid and severe scrutiny. It is, sir, a question of international law; it is a political question; and Commodore Paulding has been guilty of a political error, said by Talleyrand to be worse than a crime. The latter may affect one or more individuals; the former the peace of nations and the repose of mankind. I am a friend of the Navy, sir, for I consider it the right arm of our defense. With us, as in England, it can never become the subject of the same jealousy as is felt for a standing army. It has thrown the most brilliant luster over our military anuals, and has gained for us the respect and admiration of the world. But, sir, I wish a navy composed of officers who bow to the law and its behests, and who act in accordance with the apothegm of Marshal Saxe, that there were three duties of a soldier; the first was obedience, the second was obedience, and the third was obedience. It is said, because Nicaragua has not complained but approved of Paulding's course, therefore no wrong has been done. The question is not between that country and us, but between this Government and Commodore Paulding; and the true inquiry is: was Pauiding justified in the arrest of Walker upon the soil of Nicaragua, either by virtue of his instructions or the law of nations? I answer in the negative. He transcended his instructions. The seizure of Walker was an act of war; and he assumed and usurped the high prerogative of the war-making power in its consummation; and yet, sir, I find it gravely asserted that Paulding had not only the right to arrest Walker within the maritime jurisdiction of Nicaragua, but upon her very soil itself. The only possible pretext for his arrest was a charge of an infraction of the laws of 1818. Admitting, sir, a priori, the charge to be true, let me ask, have those laws or statutes any operation, any force, any vitality within the jurisdiction of Nacaragua, or that of any other foreign Power? If so, sir, there is an end at once to the sovereignty of nations, for there would be an imperium in imperio. Chief Justice Marshall says: "The jurisdiction of a nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving any validity from any external source, would imply HO. OF REPS. from Nicaragua, there being no extradition treaty between that Power and us; and if we had no right to demand, how much less had we to capture him by force of arms upon the very soil of Nicaragua? Whilst it is admitted that the jurisdic tion of this Government extends to our private vessels wherever found upon the high seas, yet it can never be exercised over them, save by compact or comity, when lying within the ports or har bors of any foreign nation. When it is asserted that we can exercise jurisdiction over our citizens everywhere, it only means that that jurisdiction can be exercised when persons guilty of an infraction of our laws return within our territorial ju risdiction. The power of punishment is vested in the sovereignty, and must be exercised within the limits of that sovereignty. The moment the Fashion came within the marine league of the shores of Nicaragua, our jurisdiction over her ceased, and that of Nicaragua begun. As to a supervisory power of the commanders of our national vessels over our private vessels abroad, I will not argue. They are bound to protect and defend, but certainly not to officiate as police officers. Walker had a perfect right to expatriate himself. His followers had an equal right. They had a right to change their domicile and throw off all allegiance to this country; if not, the rescue of Martin Koszta was a rank usurp ation, and hundreds of thousands of people in this country are still subjects of Great Britain and other nations of Europe. If Walker and his men left this country with the intention of casting their lot in Nicaragua and remaining there, the moment they landed upon its shores that expatriation and change of domicile begun, and they were beyond the pale of the power and authority of this Gor ernment, and released from all ties of allegiance that had previously existed. The attack of Commodore Porter on Foxardo has been quoted as justifying Commodore Paulding. What are the facts in that case? Certain goods, stolen at St. Thomas, were conveyed to Porto Rico, where the authorities shielded and protected the felons. Commodore Porter sent his officer to demand the goods; the officer was seized, insulted, and imprisoned. Determined, as he said, "to demand indemnity for the past and security for the future," he land at Foxardo, spiked the cannon of a battery ready to fire upon him, and exacted apologies from the alcalde for the insult to his flag and his country. And yet, for this he was ordered home by James Monroe, courtmartialed, suspended for six months, and John Quincy Adams approved the sentence! He was not punished for thus asserting the honor of his country; but for the invasion of the soil and sov ereignty of Spain. Nor are the cases cited, as to the course pursued by our officers at Tripoli, Tunis, and Algiers, at all applicable. There had been aggressions of various kinds upon our citizens in those countries. Our officers were far beyond the reach of instruc tions, and they had every reason to anticipate the wishes of our Government, and they acted in ac cordance with those wishes, amounting, substan tially, to a tacit command. To obtain redress was their duty, and the law of self-defense jus tified their conduct. a dimunition of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose that restriction." So with General Jackson, when he took pos session of St. Mark's and Pensacola. The com mandant of St. Mark's and the Governor of West hostility against our citizens. Taking the response Florida had been exciting the Indians to acts of ibility, and actuated by the highest motives of patriotism, he acted upon this principle of selfaragua extend? Mr. Wheaton, in his work on Now, sir, how far does this jurisdiction of Nic-defense. This principle overrides all other coninternational law, writes thus: "The maritime territory of every State extends to the ports, harbors, bays, mouths of rivers, and adjacent parts of the sea inclosed by headlands, belonging to the same State. The general usage of nations superadds to this extent of territorial jurisdiction a distance of a marine league, or so far as a cannon shot will reach from the shore, along all the coasts of the State. Within these limits the rights of property and territorial jurisdiction are absolute, and exclude those of any other nation." I feel reluctant, sir, to make these quotations to prove what I had always deemed truisms, but I have been coerced to do so by the novel views which have been expressed upon this question. We had, sir, no right even to demand Walker: siderations, for "international law considers the right of self-preservation as prior and paramount to that of territorial inviolability." And then, too, what possible analogy between the course pursued by Paulding and Ingraham? It is true, Ingraham may have invaded the sov ereignty of Turkey; but he heard the cry, "I am an American citizen!" and he rushed to the res cue. Turkey was imbecile, weak, and incapable of performing her duty to other nations, by protecting their citizens within her limits; and when this state of facts exists, this law of self-defense comes into play; and Ingraham richly earned the thanks of his country for rescuing an American citizen from the fangs of Austria. |