Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-01-08
Walker and PauIdlng.

ANY number of excuses are ready to be offered for the
violation of law by Commodore Pauldng, in his arrest
of VIM. Walker. on the soil of Nicaragua. First, we
might as well notice one thing lugged in by each and
every of his apologsts and defenders. They insist
that his father OF grandfather Of the three cap
tors of Major Andre. What that has to do with Near
aqua Is more than we can say.
Again; it is commended that Punta Arcnass nowlres,
and belongs to nobody That Nicaragua has no jurs-
dction tlcre-ncithcr has Costa Rca; and, upon the
whole il there be any sovereign of the kingdom OF Pun
ia Arenas, one Mr.. Scott is the man.
Again it is contended that of the United States
are anxious to obtain free trade and transit across the
Isthmus-that VIC are to extent, if not wholly,
bound to guarantee the safety of such route and that to
insure such safety it is necessary to break all such exped
lions as interfere with it. Walkers expedition is said
to be one of these obnoxious affairs and the following OF
on shore is asserted to be in accordance with the splr-
it, if not with the very letter Of obligations to the
States of Central America
The first allegation about the position Of Punta Are
mas amounts to nothing. 1t belongs in law to Nlcara
qua and don't belong to the United States. Nor does
the talk about the transit possess any more weight So
far as Commodore Pauding is concerned: He states
QlSLQClly IUdI llc ulH q 'N 0
traity laws of the United States He says not word
about the transit and question if he ever thought a.
bout it. Ills apoogts have hunted tup alter the TACT
But again it is asked and this time wltlsomc reason
If any one is wrOngcd, who is it? Who has right
to complain of any wrong if such has been done The
violation is of the soil and sovereignty Of Nicaragua
and not of the personal rights of General Walker =
# is arpued that General Walker had made himself
amenable to the United States by committing breach
of its laws So far as nc was concerned, that breach
was not atoned for simply by his getting out of the way
any more than debt paid by the act Of an abscond-
ing debtor in running away from the jurisdiction OF the
aw-tha in coming to the United States and organic
in an expedition of the character which he headed he
had violated both international and municipal law, and
is therefore estopped from making any complaint
That the State of Nicaragua through her recognized
authorities and her accredited minister near this gov
eminent has made no complaint and when she does not
find fault no else has any right to interfere. 1t is
contended that General Walker has right to make
reclamations on behalf of Nicaragua, being neither
de lure nor de fuctO the head of that government not
possessing either power there recognition any where
by our government by single organized govern
ment On earth.
These considerations evidently possess between
General Walker and the government of the United States
they can have no bearing upon the fact that Commo-
ore Pauldng exceeded his Instructions and ransgrcss
ed national and municipal law. The example of General
jackson in taking considerable latitude and assuming
the responsibility, is urged precedent in the case OF
Paulding. There is similarity and therefore no in
ference to be drawn The safety of the country was Gu
dangercd when Jackson with judgement well as bold
ness took the bull by the horns and after ALL with all
our respect for the hero and the statesman, cannot
but regard such examples dangerous if they are to be
adopted and defended as preccdents
In another column will be found the much-talkcd OF
neutrality act of 1878 which will be interesting at the
present time.
But waving all question about the jurisdiction Com
modorc I'auldng has no right to arrest Walker without
process. So Gen Cass held There appears to be some
difficulty about this if the commonly received opinion bc
correct namely, that Pauldng could properly have made
the arrest had he ovcrhaued Walker the high seas
The decision of the Executive Government in refusing to
recognise General Walker prisoner does not depend
upon the place where the arrest made, but upon the
want of judicial process, that the result would have
been the same had the arrest without judicial authority
been made on the high 1t is for this arrest with
out judicial process that General Walker has a legal
between this government and people and Mr. Paulding
since the dc foto government of Nicaragua makes
clamaOn.
se2y> W. +. Leak, Esq, is out with long letter in
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