Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-12
THE RICHMOND ENQUIRER.
RITCHIE d DUNNAVANT'
TT6spAY MoRNING, JANUARY II.
COMMODORE PAULDING.

RITC1ln "a DOfsNA
TU65pAY MORNING, JANUARY ~.
COMMoDORE PAULDING.
The recent arrest OF General Walker. and bis ad
,en,urous little army on the soil Of Nioaragus by
Commodore PauldiDg of The United States Navy is
s throughout the country, the most interesting
of the day. II 10 discussed by the press North and
South, with much animation. Public meetings with
reference to It have been held In our State Legsla
turs 1t has been formally mentioned. And in both
branches Of Congress 1t has already given rise to
spirited debates. From all that we are enabled to
gather through these different media, we are con-
vinosd that the prevailing sentiment Of the country
is decidedly condsmnatory of the conduct Of Com.
modore Paulding, as involving an illegal and usur
patory act not less In violation Of international law
than of his instructions from the Administration. II
must not however, be supposed that there are none
to speak in justification of it. Indeed, were 1t other
wise, such unanimity would be marvellous. Nor
would we be understood ss implying, that ell who
osnsure the Commodore sympathise either with
Walker his cause. But, considered apart from its
immediate consequences. this hgh.hsnded sssump.
tion of autooratic authority by an officer Of our
navy undenisbly receives as it deserves the dssp-
probation Of very large proportion Of the people,
upon whose national interests and honor, unless dis
avowed by the government, it must injuriousy re-.
feet.
We do not mean to impugn the motives Of Com.
modors Psulding. Nor do We design to call in que'
ton bis intelligence or his judgment, in matters aP'
propriately pertinent to exemplary and faithful
Of bis legitimate duties. We believe him
to have acted, under the circumstances deemed
best. But such considerations excuse and cover up
the offence of the man, without at all s1tenuating
that of the officer. And a. the Commodore has,
doubess h his naval experience tried Others, 20 must
he now expect himself to be tried. We mean not to
intimate that he should be arraigned before court
MARTIAL and perhaps suspended or dismissed from the
service; but that bis unauthorized act should be ad.
Judged upon it's own demerts aside from the motives
That prompted II, and with reference alone to bis
trsn.gression Of authority and violation of law The
Administration owes it to itself to repudsts the act by
rebukiug the author 1t however, contended by the
spoogists of Pauldiug that unless Nicaragua com
plains of his assumption Of sovereignty on her so'
his conduct will not be smenable to censare from our
government. This is truly most puere effort at
excuse 1t betrays a total disregard of the true
merits of the question under confederation
Upon the same principle vioator of the civil laws
of the land should ever be punished unless complaint
is made against him BY an injured party. Upon the
same principle, q maB may assault another upon the
public highway without provocation and most shame
fully msltreat him. and yet, if the victim Of his law.
lessness makes no complaint the officers OF The law
tho prn mi
Die, a man may burn his neighbor's house at noon.
day, and in the presence Of crowd and if his neigh
Dor says nothing about it, the offender is allowed i'm.
munity from the penalty. And 90 with every vios-
ton of law In which no redress 10 demanded by The
suffering party.
The question to be ked, is not "does Nicaragua
complain I" but, "hss Commodore Pauldng trans
sressed the law Of nations 7" The authorities in Ma
csragus may have been benefited. They may mol
consider themselves aggrisved' But 1t matters not
Our Government, and not theirs, should determine
upon the legality Of the acts Of officers of the United
States Navy. A bad man may have bis house insured
for an amount beyond its market value. That house
may be burnt. He may detect the incendiary. Bu
being not only satisfied but grated at an act, which
sputs money 10 his pocket" he may not be disposed
to inform on his b.nefactOr. And yet, according to
the doctrine maintained by the apoiogsts Of Paudng
it should not be held that the law has been broken
unless the owner of The house complains
That the arrest of Walker was illegal Il seems to US
Is admitted by bis own release and the release Of hs
men by the officers who had them 10 charge at the in
stance Of the authorities of the government II they
we're lawfully taken in unlawful enterprise, why
are they not retained in captivity, and arrsigned and
tried for their offsucei Their discharge implies
clearly either that they were arrested without au.
thority, or that they were engaged in no violation o.
law It is impossible to escape both CONCLUSIONS
One or the other must be admitted; and either EN-
phaticay condemns the Commodore. No such dan
Rsrous precedent this should be established by any
civiiised government. and especially by that of the
United States. Com. Paulding has transRressed in.
struotions and violated international law. And even
IL his conduct would rebound incaculsby to the inter
eats and honor of his country he should nevertheless
bs,rebuksd. II. should have known the necessity Of
strictly obeyng orders, and the penalty for transcen
ding authority.
P. S.-Sinoe writing the above article We have re-
oeived the communication sent into the Senate on
Thursday by the President which We publish in an
other column. II will be seen that Commodore Paul.
dings arrest of Walker is con&dered "grsvs error
by the Administration. The Prssident's determine
ton to endeavor to enforce the neutrality laws by all
legitimate means cannot but command the com.
mendston of every conservative citizen in the coun
try.