The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1858-01-20

What sort Of bail did this man Walker en-
ter intos II was not bail, in the common
sense uf the term. 1t was what lawyers
understand to be a recognizance to answer
the charge Of the United States against him.
Would my friend from Georgia stand up here,
as lawyer, and say before this committee,
that il man indicted, committed upon in
quiry, or upon the finding of grand jury.
were brought before Judge and entered IN
to recognixance. or gave security to answer to
the charge, and before he departed the court
should be heard to mutter. 81 intend to
disregard therccognizance; have got friends
to pay the money do not intend 70 be here
in obedience to that recognizance when the
call is made; mean to go about my own
business = would my friend say that the
Judge Of that court would not have power to
say that the man must be retained, unless he
increased the recognizanoe But surprising
he had departed, and It came to the know.
ledge Of the judge. upon the application OF
solicitor, BY affidavit or otherwise. that the ac-
cused intended to disregard the authority OF
the court and forfeit has recognlzance would
the gentleman from Georgia say that our
criminal law, both State and Federal. is so
much Of a cobweb and so weak. that Judge
has to hold his hand and say that he can do
!, nothing to maintain the law Why, sir, the
very fact that the party accused gives indi-
cations of an intention to disregard the Jadg,
ment, calls for more vigilance, more care,
more crcumspcction and frmness. on the
, part Of the Executive, to issue his orders to
all the officers OF the Government, whether
civil or military, to arrest him who attempts
to escape from the jurisdiction in which he has
given bonds to answer.
Mr.. SroNroN. Idesire to make one remars.
} The gentleman from North Carolina has al
luded TO my hesitation as to- what the law Is
in rascs of recugnizance. That care 10th
ing about but wish to call the attention
! Of the gentleman and of the Hosue tn the
fact that since the discussion yesterday | have
had occasion to turn To the statute relating
; to this subject. and find that the tenth Sec
ton oil this neutrality law dirests the court
before whom party is brought WIN has been
: arrested iora breach Of its provisions, to re.
quire him to give bonds, or enter into recog.
: nizance. not only for his appearance, but
that he will be OF good behaviour. and not yio-
late the neutrality laws pending the prosecn.
ton; and therefore. in this case Of Walker,
the recognizance was broken the moment he
I left the shores Of the United States. and be,
came fugitive.
Mr.. GILaER. will merely remark that ]
have not word Of censure to utter against
! the act Of the Executive insuing orders to his
, subordinates to increase their vigilance, at.
! ter il was ascertained that General Walker
J had left our shores with an armed body oil
men, and that, ton. in the very direction
: that it was the object Of the Government IL
keep him IRON going in. Sir, what does
this amount to!
As has been already remarked, the whole
matter will turn upon mere legal technlca'
lity. There is such thing as trespass with
out danage-daHn,um absq,.e mj,tria. When
mans cattle escape from him aud 20 upon
4 his neighbours inclusure. aud he sends his
servants after them To bring them back, they.
!. entering upon his neigihnr's ground. COM
: nit trespass. as the law presumes. by tread.
! ing down his grass aud heritage and. although
. the object was tn get away the cattle. which
were eating the crops, still. IL the owner ol
!, that field should be querulous enough and
! litigous enough TO bring a suit against his
|. neighbor for trespsssing upon his land, you
as judge, would have to charge the jury thai
: he was entitled to his miserable sixpencs
!. nominal damages, because the law so impli
! ed but imagine the jurors. the bsstanders
aud neighbours, would be very apt 10 stef
!. forward and pay all the Gusts and damages.
E Sir, il there has been any error upon III,
part of Commodore Paulding in this matter
) u has been an over zeal 10 the discharge nf hi,
!, duties. Had been in Commodore Pauld.
ing's place, after the criticism that had beer
: made in the United States upon the failur,
|, of the commanding officer Of the Saratoga 4
n arrest Walker andhis men. and alter whatap'
II pears in the message Of the Executive,
would have done as he did. and wuuld hav,
! thought that was doing that which woui,
N be more acceptable 10 the Government ant
I. people of the United States than could b.
!. done BY any other man under The circum
4 stances; and have no doubt he thought 80
!. 10 doing 50. he may have committed thii
!. little irespass--f.r, mark ynn. there i IN III,
: law of nations as 10 the common law, th,
maxim de aiiaimis Ter non rurai, and hay,
!. no doubt the maxim Is properly applicable &
. the case Of Commodore Paulding.
!. Mr.. Chairman, suppose Walker had CONF
n TO North Carolina, anl had persuaded OF
e some three or iour hundred CT the slaves o
n my constituents; suppose. after be bad 20
j. them on board the vessel, be had been ar
n rested aud held Ia bail ~ the sum Of 80, 800
Il but still went on with the three hundred ne.
n groes from North Corolina. lie is out Of
- the ocean somewhere. The President hear
e af the circumstances, and tells Commodor,
y Paulding 10 keep look out for this man
!. lie gets on his trial and pursues him 10 ho
haste. bu. cannot get bis hand upon him unit
n he is within marine league Of Nova Scotia
Is venture TO say that il Commodore paulding
Is under these circumstances, had gone in an,
81 grsppled waIkersnd these negroes on The serJ
Is beach Of Nova Scotia and brought them bacl
10 North Carolina, our southern politician
!. would say that he hadbeea doing good thin:
le for his country. Although under the law .
!. England whatever human being puts hi. Zoo