BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA REMARKS HON. JOHN B. HASKIN, OF NEW YORK, DEFENCE OF COMMODORE HIRAM PAULDING. DELIVERED IN THE HOUSE OF REPRESENTATIVES, JANUARY 5, 1858. WASHINGTON: POINTED BY LEMUEL TOWEES, 1858. REMARKS OF HON. JOHN B. HASKIN, OF NEW YORK, IN DEFENCE OF COMMODORE HIRAM PAULDING. DELIVERED IN THE HOUSE OF REPRESENTATIVES, JANUARY 5, 1S5S. The House having under consideration the reference of the President's Mes- sage, in relation to N icaraguan affairs, and the recent capture of General Walker by Commodore Paulding, Mr. HASKIX, said : Mr. CHAIRMAN: From the latitude taken in debate upon the resolution of the distinguished gentleman from Mississippi, (Mr. QUITMAN,) from the discussive character of that debate, and especially from the remarks which fell from the lips of the distinguished gentleman from Georgia, (Mr. STEPHENS,) attacking Commodore Paulding, who is my immediate con- stituent, I feel it to be my duty, as his Congressional Repre- sentative on this floor, to say something, feeble though it may be, in vindication of his gallant conduct in arresting the ex- pedition of Walker against Nicaragua. I listened, Mr. Chairman, with attention and respect, to the remarks submitted by the honorable gentleman from Missis- sippi, (Mr. QUITMAN,) a gentleman whom, as a New Yorker an able civilian as well as general I am proud that the State of New York gave to the State of his adoption, Mississippi. With many of the remarks which fell from that gentleman respecting the repeal of the neutrality laws, I concur. But I see nothing in the argument of the gentleman to induce me to change my conviction of the impropriety of a present re- peal of those laws, though at the "proper time, and under more auspicious circumstances, I will perhaps be prepared to go as far as any member of the responsible majority of this House in , favor of a suspension of the neutrality laws, be- lieving that circumstances may so shape themselves hereafter as to render such suspension eminently expedient. He said, in the course of his remarks, that it was not the duty of this government to interfere in a fight between individuals, and upon that he based his argument for the repeal of the neu- trality laws. I concede bis proposition ; but when you apply his doctrine to an illegal armed expedition fitted out and manned from tins country to invade a nation with which we are at peace, and a nation which, from its inherent weakness, peculiarly called upon the magnanimity of this government to protect it from armed marauders from our shores, who bad sailed in open violation of those very neutrality laws, then I will not and cannot go with him for such .repeal. It was in a case of this kind, and to meet one of similar character, that these identical neutrality laws of 1818 were passed. From a critical examination of them, it appears to me that they were prepared with a view to this very case of Walker and his men. And it is a singular fact it is a remarkable coincidence of time that in this very year 1818, Arbuthnot and Ambrister were hung as high as Hainan, by the orders of General Jackson, for doing against this government that, which, in my judgment, was not more illegal and reprehen- sible than what Walker has done, and was attempting to re- peat again when stopped by the gallant and humane conduct of Commodore Paulding, toward the unfortunate people of Nicaragua. From a close examination of the neutrality laws, I find the jurisdiction of the United States specially referred to and defined in them, in terms " within the United States," and "in the limits of the United States," in the first six sections of the law, and when you come down to section eight and examine its peculiar phraseology, I am disposed to give to that the interpretation given to it by the gentleman from Virginia, (Mr. BOCOCK.) We discover in that section that there is no express language restraining the jurisdiction within the boundaries of the United States, but the President, in the case of an armed invasion being contemplated in the event of an expedition being fitted out is authorized to call upon the army and navy to repress it,, to protect our treaty obliga- tions, and to sustain the honor of our government. In this section you will find other remarkable words, which* do not appear in any of the other sections of the -law. In it authority is given to capture a vessel within the "jurisdiction and pro- tection" of the United States. Now, sir, I contend on this floor, that under this law, and in consonance with the law of nations, Commodore Paulding had the right to go without and beyond the marine league ; that he had the right to chase and overhaul this marauding expedition upon the high seas ; had a right to capture these men and bring them home. Many will doubt whether he had the right to go on land in Nicaragua. I am not here to say that he had the strict legal right to do that. But if a treaty an inchoate treaty, if you please existed between this government and Nicaragua, by which we are to protect the transit route, the instructions of the Secretary of the Navy and the President of the United States, in view of carrying out and enforcing the treaty, warranted Commodore Paulding in going on land, and thus preventing perhaps serious diffi- culty with England, who, by treaty, is bound equally with ourselves to protect the transit route, and she having no na- tional sympathy for "Walker and his unfortunate men, might have hanged them to the yard arm if she had taken them in lieu of Commodore Paulding. The only party on the face of the globe that has any right to object to this act of Commodore Paulding is the govern- ment of Nicaragua, which commends the act ; and it certainly does not behoove the American Congress, by any course of theirs, to justify conduct which was against our treaty stipu- lations, and against the law of nations. Now, sir, the distinguished gentleman from Mississippi, (Mr. QUITMAN,) yesterday, in the course of his remarks, referred to the sympathy manifested in this country for Poland and Hungary. Sir, that was a generous and noble sympathy. It was the sympathy of the American people in favor of the oppressed, striving to throw off the shackles by which they were bound to the despotic governments of Austria and Rus- sia. But, sir, I am not aware that there was any attempt, in the American Congress, to legalize the fitting out and sending off of an expedition from our shores to their assistance. There was no attempt to recognize by act or deed any interference upon the part of our people in behalf of the freedom of Poland and Hungary ; and the gentleman might have more appro- priately referred to the conduct of the American people to- ward classic Greece, when, from our primary schools to the Halls of National Legislation, vast contributions were made, in clothing, provision, and amunition, for that suffering and patriotic people. The gentleman also referred to Lafayette. Sir, his was a noble and gallant impulse ; it was the generous sympathy of a noble-hearted and patriotic Frenchman, who imperiled his titles, his fortune, and his life, for the success of those principles of civil liberty which we are now enjoying. It was the same sympathy, in our behalf, which was enlisted here in behalf of the down-trodden people of Poland and Hungary. Would either of these instances bear any parallel with this outlawed marauding expedition of Gen. Walker ? But, sir, the immediate cause of my rising to address the House to-day, were the remarks of the gentleman from Georgia, (Mr. STEPHENS,) against Commodore Paulding, whom 6 it is my privilege to defend. He expressed an opinion, and I concede to him the right to do it ; and I know he is liberal enough to concede to me the same right of the expression of my opinion in opposition to his. The gentleman from Georgia said on this floor, yesterday, that "Gen. Walker was a better man than Commodore Pauld- ing." It is to that remark I take exceptions. I deny that he is a better man than Commodore Paulding, and appeal to the history of the two men to sustain me. Who is this General Walker ? The first I ever heard of him was in California, where, at the head of a few dozen adventurers, he made a descent upon Sonora, and where he encountered a just defeat. The next I heard of him he made a foray upon Ni- caragua, where he met with temporary success, and became, nominally, the head of the Government, in which position, to show his entire inapitude and want of capacity as a statesman and General, he did levy and take forcible possession of the steamers belonging to the Transit Company, thus cutting off all communication between his own followers and 'those who might have afforded supplies of men and ammunition from the States. Not satisfied with this grave error, he arrayed the native population against him, by whose tacit acquiescence he was present in their country, by shooting, in cold blood, their favorite leader, Corral, and committing other acts of petty tyranny and mal-administration towards those who were unfortunately in his power, thus paving the way to his own downfall, and the destruction of the men who were with him. The next you hear of General Walker is in the report of the Secretary of the Navy, and I desire to call the attention of the House to the language there used in relation to him, for the purpose of proving that the doctrine of reparation, claimed by the gentleman from Georgia, cannot apply, in justice and equity, to an outlaw and fugitive in the position of General Walker. Of him, the Secretary of the Navy says : "The unsatisfactory state of affairs in New Granada and portions of Central America required the increase of this squadron, and the almost constant pres- ence of a considrrable force in the neighborhood, both on the Atlantic and the Pacific. ******* " All these men were brought home without previous orders ; but such was their deplorable condition, that it was an act of humanity which could not and ought not to be dispensed with ; and the Department approved it. The ex- pense of providing for them necessary food, clothing, and medicine, while on shipboard, amounted to $7,376 16, for which an appropriation is recommended. " It was deemed necessary, as a measure of humanity and policy, to direct Commodore Mervine to give General Walker and such of his men, citizens of the United States, as were willing to embrace it, an opportunity to retreat from Nicaragua. Before these instructions were received. Commodore Mervine 'had sent Commander Davis, with the St. Mary's, to San Juan del Sur, with instruc- tions to protect the persons and property of American citizens. With this authority only, Commander Davis negotiated with General Walker terms of capitulation, under which he surrendered with his men, and was conveyed to Panama, whence he proceeded to the United States. Commander Davis also received from General Walker the surrender of a small schooner which he had detained, called the Granada, and delivered her to the Nicaraguan authori- ties. The action of Commander Davis, so far as he aided General Walker and his men, by the use of the St. Mary's, to retreat from Nicaragua and return to the United States, was approved by the Department ; but his interference with the Granada, and her transfer to the Nicaraguan authorities, by his inter- vention, was not approved. The whole number of men surrendered and carried to Panama was about three hundred and sixty-four. Commodore Mervine, find- ing his squadron suddenly encumbered with these men, in the most wretched condition, suffering for the want of everything, and endangering the health of those under his command, had no mode of relief except by turning them adrift, which was impossible, or sending them by the railway to Aspinwall. Adopting the latter alternative, he was under the necessity of drawing on the Department, in favor of the Railway Company, for $7,475, being the amount which would be due for tranporting them across the Isthmus at the" usual rate of charge. This bill has neither been paid, accepted, nor protested. The Company volun- tarily relinquished the personal responsibility of Commodore Mervine, and put the bill at the disposal of the Government. I submit it, with an expression of my conviction that Congress should make reasonable provision for it ; and also for the expenses of providing these men while on shipboard with necessary food, clothing, and medicine, of which an estimate will hereafter be furnished." Sir, I saw the remnant of "Walker's deluded followers, who were landed at the port of New York, in the Park, there sleeping under the broad canopy of heaven, dependent upon passing charity, to save tnern from absolute starvation, and a more abject and pitiable sight I never before beheld. These poor fellows were without shoes or stockings, without any clo- thing indeed, other than their shirts and pantaloons, and cov- ered with lice and the scurvy. Since then many, very many of them, have been delivered from their sufferings, and have gone to "The undiscover'd country, from whose bourn No traveller returns." General Walker cannot say of these men, like Macbeth " Thou canst not say, I did it : Never shake Thy gory locks at me." Now, sir, who is Commodore Paulding, a constituent of mine of whom I am justly proud ? He is the son of that John Paulding, of Revolutionary memory, who, with Williams and Yan Wart, captured Major Andre, at Andre's Brook, near Sleepy Hollow, Westchester county a spot with which I am as familiar as with this Hall. These men were penniless sol- diers attached to the Continental army. It is said that they were playing a friendly game of " old sledge," when they es- pied Andre upon horseback, who, though a brave and a cour- teous gentleman, was nevertheless a British spy. They stop- ped his horse, compelled him to dismount, and after thoroughly searching his person arrested him. Mr. Chairman, John f aulding, the father of Commodore 8 Paulding, had no search warrant no special directions from the Government to do what he did. He had no orders from the Continental Congress directing him to search and arrest Andre. Maj or Andre offered these three honest patriots gold sufficient to make them and theirs independent for life, and himself a hostage for the ransom, to let him pass, but they spurned the bribe. These three Westchester yeoman, with true patriotism, conveyed him to the American army, where he was tried; convicted, and hung. Mr. JNO. COCKRANE, of New York. "Will my colleague al- low me to ask him a question ? I ask whether this spirit of committing offences against the law of nations, runs in the family ? Mr. HASKIN. If my colleague considered such an offence against the law of nations, then I admit it runs in the blood. I was, Mr, Chairman, merely giving the history of Paulding, the captor of Andre, to prove that Commodore Paulding was the worthy son of a patriotic sire, and I insist that he has better reason to be proud of his ancestor, than any monarch seated on any of the thrones of Europe. He has been in the naval service of the United States for forty years, and during that time has worked his way, by gallantry and official ser- vice, to the highest position in it. There is neither blot or bar upon his escutcheon. It is therefore unfair and ungenerous upon the records, to place the notorious violator of the laws of his own country and the world, upon an equality, much less of superiority, with a gallant officer who has faithfully performed his duty to humanity and his government, by pro- claiming the marauder "a better man." In reference to this act of Commodore Paulding, in arresting Walker, I be- lieve that no other act since the inauguration of the existing administration has reflected more honor and credit upon the country, and I sincerely trust that the responsible majority of this House will not fritter away that honor and credit by any resolution of censure against Commodore Paulding. The act meets with the hearty approval, I am sure, of the'eonserva- tive men of the country,- and the fair and just men all over the civilized world. T&Sty] sir, in my appreciation of the con- duct of Paulding, I would go farther than many Democrats in the north on this subject. I recollect that Congress, in 1854, gave its thanks and a medal to Captain Ingraham for what he did protecting an inchoate American citizen, " Koszta," in foreign waters and in a foreign land. While I believe in the justice of the approbation by the government, of the conduct of Captain Ingraham, I must claim that an equal ineed of praise and substantial recognition is equally due to Commodore Paulding, and I am willing now that we should vote our thanks and a medal to him. I beg the gentleman of the south not to believe that I am in the least tinctured with any sickly sentimentality on the subject of fillibusterism ; I am, when the exigency arrives, a national fillibuster, but I am against individual fillibusterism, which in my opinion retards the coiisumation of our acquisi- tion of Central America and other territories, which we ought and in time will have. I believe the time has nearly arrived, when the application of the doctrines promulgated by the Ostend manifesto, is necessary for the protection and preser- vation of our possessions on the Pacific, and the continuance and success of our commercial relations in that and other quarters. Mr. KIETT. If the gentleman will allow me. He says he is a national fillibuster, but against individual ones. I wish to know whether he is for nations breaking faith, and against individuals so doing ? Mr. HASKIN. I am for the nation keeping its faith. I am for the nation doing as Great Britain has done. I am in favor at the proper time, and under a commercial and national ne- cessity which must sooner or later arise, of seizing Cuba, pro- viding we cannot sooner obtain it in a manner in consonance with our foreign polity; and for which purpose I would, at a suitable time, favor the suspension of the neutrality laws. In this sense I am a national fillibuster, and will go with, the fentleman from South Carolina to that extent. And let me ere say, that the sympathies and desires of northern Demo- crats are right on this subject. They believe they have come by this feeling, in favor of the acquisition of territory on this continent, naturally from their mother country, England, which gave to the South her cavaliers, and the Xorth a great many of her puritans and round heads. We northern Demo- crats believe that the government should, by conquest, do certain things ; but that this business of Walker's was a petty larceny affair. We northern Democrats, if this kind of thing is to be indulged in under the recognition and auspices of the government, are rather in favor of national grand larceny. (Laughter.) Permit me to say that England has been the greatest filibustering country upon the face of the earth. Look at her recent conduct in China. Look at her conduct in obtaining her East India possessions ; and more recently in taking possession of the Island of Perim. England did not act as Walker and his expedition did ; but the navy, the govern- ment of England accomplished it. They wanted the island as a national naval depot, and they took the responsibility of taking 10 it. et our country take the responsibility of raising this same standard, and you will find thousands of the national Democrats of the North with it, because they believe it is the manifest destiny of this Republic. They believe that "No pent up Utica contracts our powers; The whole unbounded continent is ours." In the remarks I have made, I have simply designed to define my position in the defence of my constituent, Commo- dore Paulding. I have not desired to give offence to any gentleman upon this floor. I desired to put myself upon the record as a pure national Democrat, sustaining right and jus- tice, which were eminently protected by Commodore Paulding in his conduct towards Walker and his followers. Mr. GILMEE obtained the floor. Mr. STEPHENS, of Georgia. Will the gentleman from North Carolina allow me a moment ? Mr. GILMEE. Certainly. Mr. STEPHENS, of Georgia. I merely wish to say, in reply to the gentleman from New York, that in what I said in refer- ence to Commodore Paulding yesterday, I meant no imputa- tion upon his character, further than was warranted from the arrest of Walker the transaction about which I was then speaking. That act was certainly without law, and without color of law, as I understand it. Upon that ground he is to stanjl iii the public estimation. As to his ancestry, or his honorable life past, I meant to cast no imputation whatever. It may be that he comes from a grandfather who has had the honor of having refused a bribe. Well, sir, if that goes to his credit, let it. I cast no imputation upon Commodore IPaulding, further than this act of his was concerned an act which, in my opinion, was a great outrage. The gentleman has alluded to the character of Walker and his followers. He spoke of the condition in which he saw some of those followers last spring, who were returned to this country, when there had been an illegal interference upon the part of Commander Davis. What put these men in mat un- fortunate condition in which he saw them, I know not. Per- haps they had been robbed. I have heard some say that those now at Norfolk are poor and " lazy and lousy." I believe they were last seen in the company of some of the officers of the Navy. Whether they got me contagion, and got the vermin from them, I do not know. I do not know whether the officers looking upon them in that condition, and seeing them in that way, could, like Macbeth, exclaim: "Thou canst not say I did it!" I mean, then, no imputation upon the 11 character of Commodore Paulding, farther than this act war- ranted my judgment. It is past, and I stand upon what I say that this was a great outrage on private rights ; and if it appears that the arrest was illegal, as such it ought to be redressed. Mr. HASKIN. With the permission of the gentlemen from North Carolina, (Mr. GILMEK,) I desire to say, in reply to the gentleman from Georgia, that even though this act of Com- modore Paulding may not have been strictly within the legal purview of his authority, yet there are abundant precedents where the American Congress and the American people^have sustained an act which was right, morally, though technically and legally wrong. General Jackson, when he declared mar- tial law in New Orleans, was in the commission of, and did commit, an illegal act. He was tried for it, and was fined ; but he lived long enough afterwards to become President of the United -States, and to have the fine repaid by order of the American Congress. There are many cases where men in our navy- have gone as far as Commodore Paulding did in this case, and where the government have approved their acts. On this head I will read an extract which I have be- fore me : "Commodore Paulding, if necessary, will find abundant authentic precedents to sustain him. About the year 1826, Commodore David Porter was dispatched to the Caribbean seas to suppress acts of piracy that were almost daily perpe- trated on the commerce of the world in that quarter. He came across a band of pirates, who, on hot pursuit, abandoned their schooners and shallops, and took to the Island of Porto Rico an island within the jurisdiction of a State of Europe, with which we held friendly relations and found safety and succor in the town of Foxardo. " Commodore Porter deeming himself in pursuit of common freebooters, pi- rates, and outlaws, did not hesitate to land ,on the Island of Porto Rico, where he pursued the delinquents, and extended to them the full measure of his indig- nation. For this act he was called home, subjected to a court of inquiry, and honorably acquitted, though warmly and strongly censured. The Administra- tion of Mr. Adams was disposed to treat him with severity ; but public opinion, the nation at large, and the subsequent Administration of General Jackson, ap- plauded and rewarded him. "The conduct of Commodore Paulding finds precedent in that of Commodore Downes, at Qualla Battooj in that of Commodore Porter, at the Fejee Islands; in that of the Commodore of the frigate Vincennes, in the Borco Tagus; and, more recently, in that of Commodore Collins, at Greytown. "The only difficulty connected with this matter consists in the undecided fact of the real character of General Walker and his followers. If Walker is, or ever was, Chief Executive of the Republic of Nicaragua, he holds a position in the embryo State that absolves him from the odium of a pirate and an out- law, though the fact does not hold him up to the world as a recognized chief- tain, civil or military, de facto." Mr. STEPHENS, of Georgia. In the very case cited by the gentleman, the conduct of Commodore Porter, at Foxardo, cost him his position. He was court-martialed and dismissed from the Navy. 12 Mr. HASKIN. That is true, under the Administration of Mr. Adams ; but the admiration and approval of the nation was so strong that, under the Administration of Jackson, the act was applauded, and he was rewarded for it. Mr. STEPHENS, of Georgia. He never was restored. Re- peated applications were made for his restoration to the navy, but he never was restored ; and that was a case where he pur- sued pirates and robbers. Mr. HASKIN. The only difference between the conservative national Democrats of the North and the gentleman from Georgia, is, that that gentleman views Walker as a General, while we, in the country I come from, deem him a Quixotic adventurer and marauder, which is the conservative sentiment among the Democrats of the North. Mr. THAYER, of Massachusetts, (opposition and Republican,) on the day following the delivery of the remarks by Mr. HAS- KIN, said, in the course of his speech : " By the way, sir, I did agree with the gentleman from New York, (Mr. HASKIN,) who told us yesterday that he was not in favor of petty larceny ; but I did not agree with him when he said that he was in favor of grand larceny. I regret that a Representative of the people of the United States, in the Coun- cil Hall of the nation, should say to his constituents, to the na- tion, and the world, that he and the Democratic party were " rather in favor of grand larceny." Larceny is larceny ; and you cannot say a meaner thing about it than to call it by its own name. I am pained that this report has gone forth that any party, or that any individual in this House, or connected with this Government, is in favor of grand larceny or petty larceny. Larceny, grand or petty, is not only disgraceful, but is absolutely and utterly contemptible. We do not go for the acquisition or the Americanization of territory by larceny of any kind whatever, but fairly, openly, and honorably." To which part of Mr. THAYER'S speech, Mr. HASKIN rejoined and replied as follows : Mr. MOORE obtained the floor. Mr. HASKIN. I ask the gentleman from Alabama to yield to me a moment for a brief personal explanation. Mr. MOORE. I will yield if it is not taken out of my time. The CHAIRMAN. It will be taken out of the gentleman's time. MR. HASKIN. I will be brief. . Mr. MOORE. I yield to the gentleman. 13 Mr. HASKIN. Mr. Chairman, considering the perverted use which was made on Thursday last by the gentleman from Massachusetts, (Mr. THAYER,) and also by some of the news- papers of the country, of the figurative expression indulged in by me, in the course of some remarks in the defence of Commodore Paulding, my constituent, that I was in favor of " national grand larceny," I deem it proper that I should oc- cupy the time of the House for a few minutes, in explanation and reply to the gentleman from Massachusetts. This expression was made in an argument to illustrate an idea in reference to the "Walker expedition. It was an alter- native proposition. If this government did (and I hoped and argued they would not) justify Walker and his expedition, which I characterized as " a petty larceny affair," then it would be far beiter for the government to fillibuster on a large and grand scale. The President has ably and most justly elaborated in his recent message to the Senate the idea which I intended to convey. "It would be far better, and more in accordance with the bold and manly spirit of our countrymen, for the government itself to get up such expeditions, than to allow them to proceed under the command of irresponsible adventurers. We could then, at least, exercise some control over our own agents, and pre- vent them from burning down cities, and committing other acts of enormity of which we have read." My jocose and figurative expression was in its fair applica- tion understood 'by the House, when it was made, and it ex- cited, as it was calculated to do, a laugh. I did not at the time entertain the belief that any gentle- man on this floor seriously thought that I proposed favoring fraud larceny, in a literal sense. This supposition could not ave been fairly entertained, because larceny is the stealing of personal property it is a crime defined and punished by the local laws of the States ; and it could not, legitimately, be made referable to the national conquest of the Island of Cuba, or Central America. If any FELONIOUS HABITS can be fairly imputed to any politi- cal party in this country, surely they may be attributed to that one which has hitherto aided and abetted and gloried in the appropriation of their neighbors' property, and out of which it has made much of its ephemeral capital. They call themselves the Republican party, of which the gentleman from Massachusetts, who stands forth as my accuser, is a rep- resentative and a shining light. Sir, the records of this House, and especially the very able report of the chairman of the corruption committee of the last session our present impartial and distinguished Speaker prove that the party of the gentleman from Massachusetts is 14: the "grand larceny" party of the country. I admit, Mr. Chairman, with the gentleman from Massachusetts, that the crime is a " mean one," that it is " contemptible," and I rep- robate and condemn it. I hope that the members of the Re- publican party in the present House will do as much to stop plundering as some of their representative men in the last House did to promote it. I have thus briefly replied to the gentleman from Massa- chusetts, and, in so doing, have sought to put myself " right on the record " for the satisfaction of my friend from iNew Jersey, (Mr. ADKAIN,) whose criticism iu his speech, on Thurs- day last, upon my use of the words " national grand larceny," I am glad to know was intended to aiford me the opportu- nity to make this brief explanation. ISTo explanation would have been necessary if my remark had not been perverted from its jocular and figurative sense.