GBSSL v~ \ >»/ A=e Al ^^S o n = 1— — = 33 m ^ JO h — ^= =• ^ = x> n = ^= c5 ^^30 'A = ^= 30 4 = 1> 'A — ■^^— t — b ■^ Callf*o^ ^ -edit 5 on h fe ..rwSaarSftiw^'^r'P' ' AT LOS ANGELES • ••••• »1 * » • • • • • • •• • < * ' t « • • •« LOWER CALIFORNIA EXPEDITIOI^. SPEECH OF MR. GAVIN. OF CALIFORNIA, IN THE SENATE OF THE UNITED STATES, JAN. 19, 1854, On the Proclamation of the President of the United States, of the 18th January, 1851, relative to the Expedition to Lower California. Mr. GWIN said : Mr. President, I ask the unani- mous consent of the Senate to offer a resolution personal in its bearing upon the State which 1 in part represent here. 1 desire it to be considered now, and wish to give the reasor)3 why it should be adopted. I will detain the Senate but a few minutes. When honorable Senators hear the reso- lution read, they will see the reason why I should be granted the courtesy: Resoherf, That the President of the United States be re- fliiesti-d to communicate to the Senate the number ofships- of-war on llie coast of California, Oregon, and VVashins- ton, wlieiher in active service, or lyint; in port unemployed ; also, the nunilier on the whole Pacihc coast of North and South America, and their cruising i^rounds ; also, wlietlur, in hirt opinion, the naval force of the United .States on the Pacific coast, in the year Miit'i, wan su(fici<;iit to prevent ilie departure from our> to furi-i^n territory of any urdawful ex pedition ihat might be hastily formed from the adventurous persons usually Id be found at all points of great commer- cial activity and (enterprise, wliether in the UnUed Stales or Europe ; al»o, the nunihor of ships of war on the Atlan- tic coast, and other cruising grounds, whether in active Bcrvico, or lying in port unemployed ; also, the nuniber of troops in California, Oregon, and Washington. Mr. Pre.sident, I am induced to offer the resolu- tion from seeing in the morning papers a procla- mation which I wi.ih the Secretary to read. The Secretary read it, as follows: A Proclamation, hy the Prciiiicnl of the UnUed Slatei : Whereas, infnrmatinn has been received by me that an unlawful rxii':diiion has been fillid out in the .-»ial(! ol' Cal- ifornia with a view to invade Mexico— ■ nation maintain- ing friendly relatinns with the United .Stal's— and that other eipedilioiM are organizing within the Unil<'d .Stales for the •■ame iinlawfiil piirpo»e : And whereas, eirtain eiii- zrn<* and iiihaliilants of this country, unmindful of tin if obllgaliiiiiH»iiil dniles.andol the righu of a friendly Power, have parlicipaleil.and are about to participate, in these en- IcrpriM H, so derogalory to our national eharaeter, and so threatening to our trani|Uillity, and are thereby incurring the-, vere pinaltiis impo^el| by law against siieh oll'enders: Xuw,therifore, I,I''ranklin I'lerce, I'reniili'iitol the I'ni- tcd Slatr-s, have is.-iied this, my proclamation, warning all persons who shall connect themselves with any siichenter- prine or expedilion that the penalties of the law denounced against tiuch criminal conduct will be rigidly iaiurced ; and ■ I exhort all good citizens, as they regard our national char- 'iclcr, as they respect our laws or the law of nations, aa they value the blessings of peace and the weliare of their country, to discountenance, and by all lawful means pre- vent, such criminal enterprises ; and J call upon all officers of this Oovemment, civil and military, to use any efforts whicli may be in iheir power to arrest for trial and punish- ment every such offender. Given under my liand and the seal of the United- St.ites, at Washington, this eighteenth day of January, I [ L. s. ] in the year of our Lord one tliousand eight hun- dred and fifty four, and the seveniyeighth of tlie I independence of the United Stales. ' FRANKLIN PIERCE. By the President : W. L. Ma ROY, Secretary of State. Mr. GWIN. Mr. President, this proclamation was issued against persons who are said to be citi- zens of the Stale of California. 1 wish to bring to the notice of the Senate a fact which I tliink it is proper should go out to the country with that proclamation, and it is this: That at the time this expedition is said to have been gotten up in the ' State of California, the United States had no force there to prevent the sailing of such expeditions. I wish to bring it to the notice of the Senate and the country that at the very time the first expe- dition went from California, a single st?amship- of-war, with one gun, could have prevented it. I And, sir, is there no allowance to be made for the state of the country which was its destination — 'Lower California and Sonora.-' Sir, here was an expedition of forty-five men that passed out without obstruction froin the Golden Gate, less than a mile wide, and which any one gun can rninmnnd, as against a sliip with- out cannon; and they went to a country aa large I as half a dozen States of this Confederacy, took posHPssion of it, and issued a proclamation pro- , claiming it a Re[iublic. If the President of the United States intends to put down such expeditions there or elsewhere, he should have a force of the United States to prevent their departure from our ports. At the time this . vessel left the harbor of Sun Francisco, there were but two ships-of-war in active service on the whole Pacific coast of South and North America — one at the Sandwich Islands, iinvii>g been ordered there for the purpose of prevenfing the consummation of one of the expeditions referred to in the proclama- tion; the other, as! we all supposed, vias cruising at the mouth of the Gulf of California, but subse- quent information informs us that it had sailed for the coast of Peru, to look after some difficul- ties which our Government has had with that Republic. Now, on a coast of over five thousand miles, we had but two ships-of-war to protect our com- merce and maintain our neutrality obligations. Is it not a farce to say that such a force can accom- plish these objects.' There was also a second expedition reported to have sailed from San Francisco, in a vessel with two hundred and fifty men on board, which was towed out of the harbor by a steamship without the slightest obstacle on the part of the Govern- ment of the United States, and why? Because it had no force there. When we ask for a steam- ship in the revenue service to prevent smuggling on that coast, we are told it costs too much; and when I ask that appropriations shall be made to put that coast in a state of defense, I am almost scouted at, because it costs so much money. This mis- erable system of economy has left us without Government power, either to defend us from an enemy or prevent the sailing of unlawful expedi- tions from our ports. Here, now, v.'e are proclaimed to the world as going to and disturbing the peace of other nations, by expeditions got up on that coast, when we are given a carte blanche to go where we please, and violate any law we please, so far as the power of the Government is concerned; for the only law rigidly executed there is the law of taxing us, and collecting the revenue from us. Now, iMr. President, I am opposed to all unlaw- ful expeditions of this sort; but it must be known that in a new country like California, where there are so many adventurous spirits, and where the countries adjoining us are offered to us simply for the going and taking them, the power of the United Slates must be vigilantly and properly ex- ecuted, if such expeditions are not to be carried out. Mr. President, it must be known to the people of this couiitry that when there are some of the ' richest mineral countries in the world adjoining : the State of California, wiih a population utterly unable to defend them agaijist the Indian tribes i in their neighborhood, expeditions of this kind i will proceed from California, unlessthe force of the i United States there is sufficient to prevent them. Wherever our people go they carry wealth, power, and prosperity with them, and never forget the principles of liberty they have inherited from our forefathers; and although such expeditions should not be encouraged or allowed, if they succeed, the present inhabitants will be more powerful and prosperous through the change of government than they ever v/ere or can expect to be without a change. , Wlmt is the condition of our army on the Pa- cific coast.' It is not, and never has been, efficient, from local causes that we have failed to remedy by legislation, although urged to do so. These, expeditions can go by land to Sonora, and, in my i I opinion, have gone, or will go; and this paper ; proclamation of the President will have no effect in stopping any such expedition, because we have j no force there to enforce it. ' It is useless for the Chief Magistrate of these United States to attempt, by proclamation, to stop any such expedition. As long ps the principle of territorial expansion is recognized, and such coun- ' tries lay on our border as Lower California, So- nora, and the Sandwich Islands, inviting us to I take possession of them, and the Government of j the United States opposes no effective preventive ; force, you will find citizens of the United States ! engaged in such enterprises; and they will l)e suc- 1 cessful. Proclamations without efficient force will not slop them. Wliy have we not had a steamship-of-war on the Pacific coast.' Because it is said to be too ex- pensive on a sea-coast of sixteen hundred miles, as coal there costs thirty or forty dollars per ton. Here we see again that miserable system of econ- omy, pennywise and pound foolish, that destroys all of the efficiency of Government, and my con- stituents are to be branded with infamy for vio- lating laws that there is no power to enforce. I warn the country that unless the power of the Government is exercised efficiently on that coast, they cannot expect us to stand still when we are invited into these magnificent countries which lie around us, and see the Indians take possession of them, when we can get them with I the good-will of the inhabitants. I am very much surprised at the issuing of this proclamation at this time, because it comes too late. I am anxious to aid the President of the j United States in observing our neutrality laws; , and if it is true that a treaty has been lately ne- j gotiated, by which a large portion of Mexico is to come into our possession, it shows indisputa- I bly that the public sentiment of the people of the United Slates, ps reflected by the Executive, de- sires possession of the territory negotiated for, whether in the way of purchase or otherwise. ! I hope that treaty embraces all of the territory [ on our border which Mexico is not able to protect from such incursions and Indian depredations, and that we shall have a mountain or desert ; boundary between the two Governments that can ! be defended by each. If it does not embrace such I an extent of country, I shall favor such a modifi- ' cation of it as will accomplish this desirable object. Mr. President, the Senator from Indiana states that I got up here to defend my constituents for committing acts of lawless robbeiy, because the United States did not put bolts and bars around them to prevent them from doing it. Mr. PETTIT. If the Senator will allow me, I will correct him. 1 did not say that he had got up to defend them, but that he had got up, under- taking to defend his constituents, not for that act, but admitting that they were of that class who ' would rob and steal, if not prohibited or pre- vented by bolts and bars. Mr. GWIN. That is not true. I made no such siatement, and no such legitimate inference can be drawn from what 1 did state. 1 said that the President had issued a proclamation against certain expeditions which had sailed from Cali- fornia for the purpose of invading a foreign ter- ritory; and 1 gave as a reason why these expe- ; ditions had passed from our territory, that the Nd 3 "r"^>^ /. Government of the United States had failed to put !| such a force there as would prevent their sailing. He says this is defending stealing, and that 1 am in favor of having bolts and burs put around my constituents. Why, sir, what do his constituents hiive at home to prevent lawless acts, perhaps as frequent there as in any State in the Union .' ,, I'here are jails and penitentiaries for culprits m in the State of Indiana. The State authorities protect the citizens against acts of depredation. But who but the Government of the United States has control of the foreign police of the country? ' How is the President to enforce his proclamation \ unless by using the arm of the United States.'' Sir, I was not defending these expeditions, but I i was saying that the Presitlent of the United States could not have prevented them with the effect- ; ive force of the United States now on that coast. I do not charge the President with neglect, nor his predecessor; but I say if the Government | of the United States had but a sufficient force there, and had used it efficiently, such expeditions could not have sailed from our ports. Is this de- fending them ? I do not say that there are not lawless men in California; but not more than in other sections of the country who cannot resist that important precept of the Holy book, " Lead us not into tempation." Why, Mr. President, I have a distinct recoliec- tion when the drum and the fife summoned volun- teers to go to Texas from the various portions of the Atlantic coast, and that the Government was censured for not preventing such movements. Nor am I defending them. No, sir; but I say, ^ when the President issues such a proclamation, it CO is the duty of this Government to pmvide means ' for its enforcement, and to have that kind of force >ron ilie spot which is nece.ssary to prevent the *^ organization of such expeditions. That is the aground which I take. With what justice and — truth can any Senator charge me witii defending ■*any lawless acts.' z My constituetits pay taxes to keep up an army » and navy, and we are entitled to the benefit of c^ihem, either for firotection against a foreign ene- ^^ my, or to enforce our neutrality laws, if that be nece.ssary. As to surrounding the country with bolts and bars, or an army or navy, I asked for no such thing. There is at present but one point on the Pacific coast wheresuchanexpediiioncould befitted out — the harbor of San Francisro — and there, as I slated before, a single 8teamshi[) with one gun could efTectually arrest it. I am not interfering at idl in regard to these expeditions, nor defending them, but I say that such a proclamation, backed by no force, will have no other effect but to irritate the people of that State. I wish lo call the attention of the Senate and the country to the fuct that there is not a gun mounted nn the Pacific coa.st — that there was not a sliip-ofwar, when these expedition.s sailed, withm thou.sands of miles of our coast. I wish to gel this informaiion before the American jiedplc, lo sIk/w ihe necessity of having some incnnH of defense there, mjainsl foreign enemies ns well as lawle.on the dominions of peaceful Powers j in our neighliorhood. ,1 I tlionglit it right to say ihus much because I think that while we are speaking in just terms of indignation of sucli a proceeding, it is right not I to inflict blame where the blame docs not prop- erly lie. j Mr. SHIELDS. Mr. President, I will not pro- il tract this ilebaie; for wlml has betn said by my ; honfirable friend frcjm Indian:!, f Mr. Plitit,] and my dislinguishi d fi ieinl frum North Carolina, [Mr. il Badcer,] makes it unnecessary for ir.e to say a 9-1 A 'Vy k^ k^-^^'V word. Sir, I regretted to see tlie Senator from California rise in his place and charge the Presi- dent of the United States with a neglect nf duty — for it amounts to that — in that lie had not furnished sufficient force to prevent these depredations. Mr. GWIN. Mr. President, the Senator from Illinois is mistaken. 1 have made no such charge. Mr. SHIELDS. What the honorable Senator said surely amounts to that. Mr. GWLV. It does not; and I did not intend any such thing. Mr. SHIELDS. He charges the Government of the United States, as I understand, with blame and %ensure for not having a naval force on the Pacific coast to prevent these unlawful expedi- tions; and yet he is the chairman of the Com- mittee on Naval Affairs, whose especial duty it is to furnish that force; and he has neglected, or has been unable to furnish, a sufficient force to the President to prevent these unlawful expeditions. So, sir, with regard to the military force on that coast; that is also insufficient; but we cannot blame the President, because he hfis not furnished a force which does not exist. Our Navy is insuf- ficient to protect our coast, and our Army is also insufficient. The Senator from California, if I understand him, also blames the President for issuing this proclamation. Sir, I think the President would not be worthy of the position that he holds if he did not issue such a proclamation. Hemust.sofar as he can do it, as the Executive head of this nation, absolve the nation from the disgrace of these lawless, unfirincipled, vagabond expeditions. The honorable Senator seems to justify this piti- ful expedition of forty-five men, as I understand him Mr. GWIN. I do not wish the Senator to mis- understand or misrepresent me. I did not justify it; and I liave not done so; but I stated that it weni out because there was no force to arrest it. Mr. SHIELDS. I am glad to find that the Senator does not justify it. I am glad to fiiid that there is not one Senator on this floor who will justify such an expedition. Before the Senator charges the President of the United States with rieglect of duty, or reproaches him, he should rise in his place and tell us where the President w^as to find the vessels to ^o theie to protect that coast. Mr. GWIN. I will do it when the Senator is through. Mr. SHIELDS. I should like to hear the Sena- tor do it, and to show that fact. Sir, I have more than contempt for such expeditions as this Walker expedition upon that poor, helpless, defenseless, and unsuspecting population. My opinion is, that the men who could go there, who could go down upon the poor defenseless inhabitants of the frontier of Mexico and surprise them, as it were, would do what they have done when they meet with resistance — fly ba^ k to their vessels again. I repeat what was said by the honorable Sena- tor from North Carolina, that such expeditions are bringing reproach upon the country; and the President would share in that reproach if he did not pursue some course to arrest it. Mr. GWIN. Mr. President, the Senator from Illinois might have withheld his reproaches and attacks upon these men who are now in their graves. The last intelligence informs us that they have all been put to death. It was uncalled-for and very wrong to reproach men who have suf- fered for the crimes which he alleges they have committed. Sir, it is one of the charges which I bring against the efficiency of this Government, that it has not been able to stop such expeditions and prevent such catastrophes. Mr. SHIELDS. Will the honorable Senator tell us wherein the dereliction of the Government consists? Mr. GWIN. If the gentleman had listened to the resolution, he would have seen that it asked the President of the United States to inform us where the naval forces of the country are. I can tell him where some of our sliips-of-war are. 1 do not pretend to say that the expedition to Japan has not had beneficent, useful, and import- ant purposes to accomplish. I do not pretend to say that the naval force in that expedition is not prop- erly and usefully employed; but, sir, if the Presi- dent of the United States cannot maintain our neutrality, and keep so large a squadron in that service, the question presents itself whether it would not be better to order one of the sfeamships- of-war accompanying and composing part of that squadron to the coast of California. Sir, I was in favor of the Japan expedition; but I wish to know whether it is not the duty of the Chief Alagistrate of this nation to place the naval force of the United States — inefficient as I acknowledge it to be — so as to see that the laws are faithfully executed, and that our commerce and our honor, as a nation, are not infringed upon; and if he has done so, I do not, and have no cause to complain. Again, sir, we have a surveying expedition to Behring's Straits, in which five vessels-of-war are employed. I was in favor of that expedition, and it was upon my motion that it was organized; but is it of more importance to survey unknown seas, than to so place our naval force as to do away with the necessity of such proclamations ? My inquiry is whether the Navy of the United States is prop- erly distributed to protect our neutrality, our com.merce, and national honor? That is the in- quiry which I propose by this resolution, and if it is, then it will be more imperatively our duty to increase the Navy, and thus enable the Executive to execute his whole duty to the people of the United States as well as to foreign nations. I have attached no blame to the President. I have sim- ply stated a fact, which should be recorded in the history of this country — that inefficient as our Navy is, we have great and grand expeditions in remote portions of the globe, away from our ter- ritory, within which such expeditions as are re- ferred to in the proclamation are being fitted out, and there is not a ship of war to prevent their sailing. Tiie object of my resolution is to get in- formation as to where our ship-of-war were sta- tioned when these expeditions sailed from Cali- fornia; and I wish to know what power the Presi- dent has at his command to execute with effect the proclamation which he has issued ? He threatens punishment against the persons engaged in such expeditions. What power has he to bring those thus engaged before the courts — for you cannot punish except where the crime is com- mitted — and what forces, military or naval, is there on the Pacific to execute that proclamation ? For what practical purposes is the proclamation is- sued, when there is no power within tlie control of the Executive on that coast to have it respect- ' ed? . ' It is well known to the Senator from Illinois, and to every member of this body, that ever since I have been at the head of the Committee on Naval Affairs, I have been in favor of increasing the Navy. It is known that I iiave, in my place, time ! and again, brought forward and urged upon the Senate the necessity of appropriating the amount ; asked for in the estimates of the Navy Depart- 1 ment for that object. Here, in my place, as the | organ of the Committee on Naval Affairs, I asked ! last session for the building of five or six additional steaniships-of-war; and during this session, by the \ unanimous approval of the committee, brought ' forward a report indorsing the recommendation of ' the Secretary of the Navy to add six additional ships-of-war to our Navy. I have at all times, and on all occasions, advocated the increase of the Navy, and why should the Senator refer to me, as chairman of the Naval Committee, imply- ing a censure, when he says Congress is to blame for our inefficient Navy, and he knows the fault does not lie with me, but with the other House of Congress ? I censure no one, nor any branch of the Gov- ' ernment; but state a fact, which cannot be con- troverted, that so long as that coast of one thousand six hundred miles in extent is filled uji with an adventurous people, who have the privilege of | gathering the rich fruits which lie along side them, you cannot keep down these expeditions ; without an efficient naval force. And I say, further, that when the President issues a procla- ' mation of this nature, he should ask Congress for power to enable him to see that proclamation exe- cuted. It is our duty to prevent such terrible catastrophies as took place at Havana, where fifty American citizens were shot down lik6 dogs; and as has recently occurred in Mexico, where, according to the last information we have received, these forty-five individuals who invaded Lower California were put to death. I know perfectly well that these expeditions are calculated to ca^t a stain upon the country, and the Executive will, wlien called upon, dome the justice to state that ever since I have been here, I have been urging him to exercise the whole of his power in supplying the deficiency of the Navy on the Pacific coast, by chartering vessels to pre- vent the sailing of such expeditions, and protect those engHged in them from iieiirgput to death on a foreign soil without trial. The people of Cali- fornia are no more in Tivor of lawless expeditions than citizens of other State.-} with the same tempt- ation. Mr. BRODHEAD. Mr. President, it seems to me that we have already nil the information which JH called for by ihiH resolution. The hon- orable Senator from California informs us that he desires to know how our naval force and ships-of- war have been employed. Why, the Secretary of the Navy has informei! us in the report which was cnmmuriifa'ed to us by the President of the United States at the opening of the session. I have no objection, sir, that the Senator from Cal- ifornia shall make the Htutement which he has given to the Sen, ite. ft may all be right. Il may be necessary that he should call to it the attention of the Senate; but it is quite unnecessary for ufl to pass this resolution; for we shall receive no fur- ther information from the President of the United States when he answers the call, than we possess already. Mr. MASON. Mr. President, it is very cer- tain that the honor of the country, as well as its safety, is deeply interested in preventing these marauding expeditions from leaving our shores with a view to commit depredations upon foreign Powers; but I am not prepared to say at present, at least, that this Government is to change its policy in the use of the military force which is placed at its disposal, either by sea or land, for the purpose of preventing our people from vio- lating the laws. 1 had not the pleasure of hear- ing all that fell from the Senator from California, but I think I heard enough from him to under- stand his position to be this: That our Navy is to be increased, for the purpose of requiring the laws to be executed against our own citizens. Mr. GWIN. The Senator will permit me to state that what I said was this: If there had been a single ship-of-war in the harbor of San Fran- cisco when these expeditions were fitted out, it would have been impossible for them to have sailed; and ,the Government of the United States should execute the neutrality laws, by preventing the fitting out of such expeditions within our own harbors, and within a marine league of the coast of the United States. I did not to say that the Navy of the United States could be used out upon the sea in pursuing expeditions flitted out in the United States. Mr. MASON. I did notascribeany such state- ment to the honorable Senator at all; but I under- stood the drift of his remarks to be, that we ought to increase the Navy for some purpose, and, among other reasons, because it is shown that a navy is required to prevent the citizens of the country from violatirg the laws of the country. Now, sir, I deny that absolutely and positively. I am no enemy to an increase of the Navy, provided the Navy is increased for the legitimate purposes of the Navy. F understand the legitimate pur- poses of our Navy, in time of peace, to be simply to protect cur commerce; and I agree in the policy of the late Administration, and of the present Ad- ministration, that when they can safely and pru- • dently employ n portion of the Navy in the nav- igation of foreign seas and the explorntions of foreign waters, for the purpose of increasing our commerce, it is a legitimate use of it; because nothing gives a greater stimulant to the products of the country than the means of commercial ex- change abroad. Now, I understood the Senator from California further to say, or at least f gathered from what fell from him after I came into the Senate Cham- ber, that he thought it was not the part of the Ex- ecutive to have issued this proiilamalion until he first provided there a competent force. ! Mr. GWIN. No, sir; I slnled the fart that the cause of this proclamation originated from the want of a proper naval and military force to see that the laws of the United Slates were executed; and I wish the Senator to understand that I am entirely in favor of using the Navy in the way he mentioned to promote our comnirrcp. Mr. MASON. 1 have no doubt the Senator from California has well said, that, from the ad- venturous character of the population who have ' gone to our Pacific border, these expeditions are 6 more likely to be fitted out from that quarter than from any pari of the Athinlie coast; but 1 under- stood him to say, further, and, doubtless to say correctly, iliat there was no point upon that ex- tended sea-coast where such an expedition could have been fitted out but at San Francisco. Mr. GWIX. My reason for that remark was this: San Francisco is a city of large population. In other portions — in the sparsely-.setiled parts of the country — an expedition of this sort could not have been gotten up without such notoriety as would have defeated its object. Mr. MASON. I understood it so; anditiscer- tainly no reflection on the people of the city of San Francisco to say, that because from the number of the popidation and the facilities given there, it is the only point where such an expedition could have embarked. Now, sir, I have understood the policy of this country to be, to rely upon the people of the coun- try to protect each other by seeing to the due exe- cution of the laws. Our Federal Government has no police distributed throughout the country for the purpose of seeing that the laws are executed; and I will say to the Senator and to the Senate, that when the day comes that we must have an armed police, by land or water, to see to the execution of the laws of the United States, the days of the lib- erties of the country are numbered. I protest against any such policy being avowed in the Senate or adopted by the country. Sir, I read the proclamation of the President this morning, and he has done only what his pred- ecessors have done from the days of General Washington down, whenever they have had reason to believe that there were existing lawless combinations for the purpose of violating the laws, or that any such would be formed. In such a case it is the duty of the President to issue a proc- lamation, advising his countrymen of the conse- quences of such violation of the laws. And why is it issued? It is issued for the very purpose of giving notice to the people of the country that such combinations are likely to arise, in order that the people may put them down. Who ever heard of stationing a ship in any one of our ports for the purpose of preventing expe- ditions from going abroad.' Sir, if a ship were stationed in the Chesapeake Bay, or in Hampton Roads, within the limits of the State v.hich 1 have the honor to represent here, for the purpose of teaching her people their duty, I apprehend they would be false to the reputation which they have acquired from their fathers, if they did not de- mand that that sliip should be removed; and if it were not removed, they would remove it them- . selves. What, sir! is the policy of this Govern- ment to be to station shijjs in our ports for the purpose of preventing the people there from vio- lating the laws of the country, and implicating us with foreign nations.' Never! For one, I should be disposed to hold any President to account who did it. I mean, of course, as a general policy — as a general measure of safety. Doubtless, when the occasion arises, when there is a proper and substantial reason to believe that such an expedi- tion is about to be fitted out, it is the duty of the Pre.sident, if he believes it necessary, upon his high responsibility, to use the forces of the coun- try to prevent it; but I say that the idea of keep- ing ships in our ports, or anywhere upon our waters, lest such a thing should occur, is a policy new and unheard of. Now, sir, a few words in reference to this par- ticular matter. Th.e city of San Francisco has a population of some sixty or eighty thousand I inhabitants as well armed, and perhaps better ' armed, than any population that you can find on I any other part of your coast border. If that pop- ulation has neither the ability nor the means of preventing these expeditions from being fitted out, it will be useless for the Federal Government to attempt it, unless it employs a large portion of the Navy for that purpose. I am against using the Navy for any such purpose as a preventive meas- ure. I am against its going out to the country that there is any necessity for such a use of the Navy. And if the purp6seof the resolution be to serve as an admonition to the President, as the sense of the Senate, that the Navy must be so used, I, for one, must vote against it. Sir, I am not personally informed as to the facts, but I have no doubt, from what we see in the newspapers, that the President has taken measures, and effi- cient measures, to prevent the recurrence of these transactions, without the use of armed ships sta- tioned at the ports of California to prevent them. All I wish to do, is to protest against any such policy as that the Navy is to be enlarged, or is to be used for the purpose of preventing our own people from violating their own laws. Mr. DAWSON. Mr. President, the turn which this debate has taken makes it a very important matter for the country to understand really the grounds which give origin to it. I did not under- stand the Senator from California to make any charge against the late Administration or the pres- ent Administration for a want ofdischargeof duty. The question which now arises is this: Has the President of the United States sufficient means of defense subject to his government to meet all the incidents which may occur in this large and ex- tended country.' Have we an army sufficient.' Have we a navy sufficient.' These are the ques- tions which naturally propound themselves on an occasion of this sort. Have we forgotten that, under the treaty with Mexico, we are bound to protect the line of frontier between the United States and Mexico from Indian depredations.' Is it not now well understood that already claims against this Goverimient, arising out of that trea- ty, amount to something in the neighborhood of $20,000,000.' and will it be forgotten that the late Administration called upon the Congress of the United States to give it the means of carrying out the treaty, and protecting the Mexicans and the Americans on either side of the line.' Were the means granted.' Were the two mounted regi- ments which were asked for by the late Pi-esident of the United States and his Secretary of War al- lowed .' No, sir; but the appropriations necessary to carry out that request were denied; and denied by whom .' Not by the Executive, but by the legislative departmen' of this Government; and if any deleterious consequences have arisen the fault is here, with us. Have we forgotten what transpired only twelve months since, when the very idea suggested by my friend from Virginia, the chairman of the Committee on Foreign Relations, as to the suf- ficiency of the civil power of the country to protect this Government, and to put down all attempts at filibustering', was brought forward? Was it not then thought that the courts alone were to attend to these matters? Then, I know, some members here regarded the effort of the last Administration to stop the Cuban expedition as a wrong inter- ference, and it was said that the civil authority alone should interfere in these matters. Now, sir, I did not understand the Senator from California as making any charge against the Gov- ernment on any of these accounts. All that he desires is to know whether the Government is in an attitude sufficient to protect its honor, and to maintain its standing, and its obligations towards foreign nations? I say it is not. Our military force is not sufficient, and our Army must be in- creased; not with the idea of having a standing army thrown upon the country for no necessary purpose, but for a far diff'erent reason. From the extension of our country, our sea-coast, within the last four years, has been douliled, and it requires a much larger force to protect it than was formerly required. The divisions which have, at previous times, existed between parties in this country relative to a staiidiujE: army or a large navy cease to exist, because the present condition of the Army and Navy does not come up to the requisitions of either of the great parlies of the country. Protection is the only oi)ject of this proposed increase. The object is not to place an incubus upon the country by an overwhelming army for needless purposes, or by a navy to rot in your docks; not so. Our character as a nation has grown; our importance as a nation has grov/n; and our dignity now can alone be maintained, with that respect due to it from foreign nations, by the power to enforce any obligation that may exist upon us as a nation, and any duty that may exist on the part of the citizens towards the Government. Now, sir, what I wi.sh to say is this: We have gradually gone on disappointing the hopes and ex- pectations of the various Administrations in this regard. President Fillmore foreseeing, like a judi- cious man, what was the growing condition of this country, and what would be its necessities, called upon us years ago to increase the Navy, and to increase the Army, to give to the Executive De- partments of the Government the power to enforce all the duties which are required of them. Have you done it, gentleman ? Who cut down the ap- propriations for military purposes, and for naval purposf'S during the last year? The reports of our proceedings in the Setuiie and the House of llepre- Bentatives will tell. Is the failure of the repre- sentatives of the people to provide for these things to be chnriced upon this Administration, or upon the late Administration? Certainly not. Thef.tuit is here, sir — not with the Executive. 1 am no friend to n large standing army. I have never given a vote with that object in view; but I nni prepared, as one of the members of the Committee on Military Affairs, to whirh I have belongpu since my first entry into this body, to say ihnt the military force of^ the coutilry should be increased. Tfiat committee has, from time to time, in accordance with the recommendations of the President t)f the United States, asked yf)U to increase the Army. It was not done. They aslced you to provide for raising two mounted regiments to enforce your treaties, and carry out honestly and honorably your obligations. That j was not done. Look at the extent of frontier line between us and Mexico, and then let the future tell this country what millions will have to be paid, under that treaty, by this Government to to the Mexicans, on account of our failure to carry out its obligations. Then, when we a.sk you for the power to do so, and it is not done, who is to blame? Do not charge it upon the President of the United States, or upon the Executive Depart- ment of the Government, but upon yourselves — the representatives of the people, who, for the purpose of keejiing down the appropriations, have voted against them to gratify the people at home, who are unacquainted with these facts; and you have thus brought our present unfortunate condi- tion upon us. j A word now in relation to the Navy. T have voted for every increase of the Navy which has been presented since I have been here, for it has been presented in detail. The Committee on Naval Affairs, headed by my honorable friend from j California, has reported, for the last three or four i years, in favor of an enlargement of the Navy; and for what reason ? To protect our sea-ports, to protect our commerce, and to interdict these filibustering expeditions, which are so well calcu- lated to dishonor this Union abroad. Who failed to carry out these propositions which were thus presented? The representatives of the people. Why, then, will any man insinuate upon this floor, or anywhere else, that the late or the present President of the United States, and their various heads of Departments, have failed to do their duty? They have unif^ormly, boldly, and strenu- ously recommended to us to do what they thought we ought to do; but we, in our wisdom, turned I a deaf ear to their suggestions, and pronounced that the people would not like to see nur appro- priations so large. When we stopped the appro- priations for a few millions, by the simple striking out of a line, we opened a flood-gate of claims against this country amounting to three or four times the sum by which we diminished the appro- priations. When those claims shall be presented, if I shall be honored with a seat on this floor, I shall attempt to give a historical sketch of the action of this Government in relation to these appropriations, from the time of the ratification of the treaty with Mexico down to the present day; to show who it has been that failed to strengthen the arm of the Executive Department in order to carry out the obligations which were incurred under that treaty. Now, sir, a few words as to the expedition of which my friend from California has been speak- ing. That is one of tiie incidents belonging to a republican form of government. It is one of the incidents belonging to the peculiar character of that section of the country, wheie the lands, as the honorable Senator observes, are thrown open, and we are asked to go in and protect the people by ?iving them n better government than they now have. Men can be found everywhere, not only in Califiirnia,bulin every State of this Union, whose better feelings, not whose disposition to rob and to steal, would prompt them to go and take the control of the Government, in order to miti- gate the despotism inflicted upon those people, and give to them a prosperity which they never had before. Hccause they have gone there they are said to be censurable. IIow? As citizens, I am 4 flL y.4 k£ >< >l'k 8 not disposed to degrade them, because they were operated upon by high and magnanimous feelings. I am as niarh opposed to filibustering as any man upon tliis floor; but I tell you, sir, that it will arise, and it will continvie to arise, until you skirt the whole of your Pacific coast with a naval power sufficient to intercept all of these expeditions; and are we not bound to do it? A great and powerful nation like the United States should stand upon its honor, and discharge every obligation due to other nations. We never can do it, sir, until both the great parties in this country concur in giving strength to the Executive arm of the Government sufficient to carry out our treaty obligations. Mr. GWIN. I have no desire to further oc- cupy the attention of the Senate. All I have to say in reply to the Senator from Virginia is, that if this proclamation means anything, it means that the President of the United States has power to execute it. If it is not a mere paper proclamation, he intends to use that power which the laws and the Constitution have placed in his hands foi- its execution. And I undertake to say, witliout any special authority on the subject, that the President has issued orders to the naval and military comr manders on the Pacific coast to do everything which the Senator from Virginia says it would be a great outrage to authorize. Mr. MASON. Will the Senator allow me to interrupt him for a m omen t? Do I understand him to say that the President of the United States, by virtue of any power in himself, has author- ized any poftion of the Army or Navy to proceed in the execution of the laws at all, except as aux- iliary to the civil power, to execute the process of the courts? Mr. GWIN. I understand the power of the President of the United States to be, to see that the laws are faithfully executed, and the treaties made with foreign Governments enforced; and therefore 1 think that if, in his opinion, at any point of the United States there is an expedition fitted out, by citizens of the United States, to invade the terri- tory of another Government, in violation of the treaties of the United States, he has the right to stop that expedition until it is ascertained by the courts of the country whether it is illegal or not. But how can you stop an expedition until this investigation takes place in the courts? I did not intend to provoke a discussion; but when such a proclamation on this subject is issued against citizens of my State, I intend to state the acknowledged fact, that there was an invitation, if I may so say, from the people of the country invaded, to engage in such expeditions; for they have no government, no protection, and the citi- zens of the United States, wherever they go, afford that protection which those people do not get from their nominal Government. Printed at the Congressional Globe Office. i ^B 88 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. JtECP IBBRC DEC 21988 Form L9-Series 444 3 1158 01301 5275 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 520 343 5 i J m