Newspaper of Burlington Free Press, July 2, 1841, Page 2

Newspaper of Burlington Free Press dated July 2, 1841 Page 2
Text content (automatically generated)

V nwm ipibmb8 DEIIATE I IV THE SENATE. THE CASEOF McLEOD. Thursday, June 10, 1311. The quojtion boforo the Senate, being the motion of Air. Kiveh to refer so 'much of tho President's Messago to our Foroign Af fairs to tlio Committee on Foroign Affairs, and Mr. Buchanan having concluded his re marks on the subject, as published in yester day's paper Mr. Hives rose in reply, anil commenced by observing that, as a member of tho Committee on Foreign Relation?, it was fit and necessary Mint he should offer eoiiiq remarks on the sub ject which had thus been urged upon the notice of the Senate. Nothing could present a more striking example of the tendency of all sub jects discussed in our public bodies to assume a party character than tlio remarks of the honora ble Senator from Pennsylvania, (Mr. JJuchan nn,) which hud just been submitted to the Sen ate. The gentlemen had commenced by a dis. claiiner most honestly uttered, Mr. Hives had no doubt of tho influence of any thing like par ty feeling in vat ho should say and yet he had hardly entered upon tho threshold of hid subject when the habitual nud unconscious bias eil a forty man, as the Senator frankly avowed him pclf to be, exhibited itself in a manner unequiv ocal to be mistaken. . All who have had occasion lo treat, in our le gislative halls, questions such as that now pre sented to the notice of tho Senate, must have felt how difficult it often is to reconcile the im pulses of an American spirit with tho measure nnd reserve which might teem to bo duo to tho susceptibilities of Foreign Powers. In tho view taken by tho honorable gentleman of the a jijrioved charactur of the outrage perpetra ted in the destruction of the " Caroline," Mr. Rives said, ho heartily concurred. Tho gentle man had not utteied a word in reprobation of that transaction to which his heart and his judg ment did not rcsp'iiij. Hut tho very terms in which the fecnalor denounced and characterized the aggression made it a national wrong, to be redressed by national moans, and not to be avenged by visiting the responsibilities of this public offence on the of stichan instrument m Alexander McLeod, if, indeed, he wero at all an actor in tlio scene, nt there is every reason to believe he was not. Air. Hives said he should endoavor, in tho outset, to recall the discussifin to its true mer its to tho questions of international law, which tho senator from Pennsylvania had adverted to only in the close of his remarks, lie should place it in the fore-ground of the argument, be cause by it only, can tho conduct of the Admin istration, in tho particular in which it is now im pugned, bo fairly tried and judged. lie would not go back to re-capitutato the history of the controversy respecting the destruction of tho Caroline-, further than to show tho now position which the question assumed immediately upon tho accession of tho present Administration to power. This unwarrantable outrage, involving a vio lation of tho national sovereignty over our ter ritory, as well as the destruction of tho lives and property of American citizens, wss committed in December, 1S37, and aroused a general fool ing of indignatio'i throughout tho Union. Our minister at London, under the Instructions of the Government here, addressed, in May 1S3?, a representation to the British Government on the subject, to obtain a " disaicical and disap prowl ol thuac', and also auclj redress as the nature of tho caso required " Xotwithstand ing the enormity of the outrage, as painted in this very communication of our minister in Lon don, drawn up in conformity toinstiuctions from Washington, tho tenator's political friends, in whom he thinks thore was no want of tnergy in prosecuting the demand for redress, actually slrpi over this national injury from May, 1639, to iiUrcn, 1S41, when they wont out of power! And to profound was their Blumber that, in a lata dolnte in the House of Commons, the Bri tish Secretary of State for Colonial Affairs, (Lord John Russell,) stated that tho complaint of the American Government wac, for a long period, considered as dropped. It is true that Mr. Stevenson, who could not but feel the avvk ward contrast between tho lofty tono of his com munication to Lord Palmerston, in May, 1833, and tho patient acquiescence which followed in the long continued silence of tho British Govern mcnt, did, in July, 1539, writo to Mr. Forsyth, to know if he should rcnow the subject with Lord Palmerston, and, if so, the degree or ur goncy ho should adopt. To which Mr. Forsyth replied no; "tho President expects, from tho tone of Mr. Tux's conversation, that the Bri tish Government will answer your application in the case, without much ruii-rurn delat." But, in point of fact, no answer was given by tho British Government down to tho period of the late Administration's exit from power. All this while, then, tho destruction of the "Caroline," stood unexplained and unatmeed bv the British Government, and there was nothing of a conclusive nature to determine whether it was to bo viewed as an unauthorised act of in dividuals or as tho public act of the British ait hnrities. In this state of things McLeod, in November last, came into the State of Now York, and having, from his idle, and, as is now universally believed, false boasts, incurred the suspicion of having been a guilty and conspic uous actor in tho destruction of the Orolino lie was arrested and indicted therefor upon a charge of murder and arson. Mr. Fox, on tho 13th of December, demanded of tho Govern ment of tlio United States tho liberation of McLeod, on the ground " that the destruction of tho steamboat Caroline is well known to have been a public act of persons in Heir Majesty's service, obeying tho order of their superior au. thorities." The demand was refused, because the Government of tl.c United States had no right to interfere with tho judicial tribunals of New York, which had taken cognizance of tho case and in regard lo tho declaration of Mr. Fox, Mr. Forsyth stated that " if tho destruction of the Caroline was a public act of persons in Her Majesty's service, obeying tho order of their superior authorities, the" fact has not been before communicated to the Government of the United States by a person authorized to make the admission ; a'nd it will bo for the court which has uken cognizance of the offence with which MrIcod is charged to decido upon iUi validity, when jogally established before it." Mr. Fox, recurring to tho samo subject, in Ins letter to Mr. Forsyth of the 20th December, 1810, stated that " he was not authorised lo pronounce the decision of Her Majesty's Government upon the remonstrance which had boon addressed to it by tho United States agaiust the act in ques tion." Thus btood tho question at tho accession of the pretent Administration. Tlio destruction of he Carollnuhaduotasyet been by tho British Government as a publx and authorised act. But on tho 12' h or March, eight davaaftor the inaumi. rationof President Harrison, Mr. Fox addressed a letter to Mr. Webster, Secretary or State, in forming him that he was then instructed by his Government to state that " tho transaction,'' (the destruction of tho Caroline within tho torriin. rial limits of tho United States,) "on accountof which McLeod was arrested, was a transaction of a public character, planned and executed by persons duly empowered by Her. Majesty '6 colo nial authorities to take any steps and to do any actr. which might be necessary for tho defence of Her Majesty's Territories, and for tho protection of Her Majesty's subjects; and, consequently, that those subjects of llerMajwty who engaged in that transaction wero pertorming an net of public duty, for which they cannot bo made per sonally and individually answerablo to the laws and tribunals of any loreign country." Upon theso grounds, h was instructed to domain! again Iromtho Government of tho United States the immediate release of Alexander McLeod. This communicatioa, of the British Minister Tave i new a pect to tho suljei , nnd presented lortha cot iduration of tho Ainccan cjinct a grate quec'ion, of tho first mi'jrtanco in the in tejeurso and rer.ponsibtlit'cs of nationr. Tli3 destruction of th.6 Caruhuo, for a rupjsed par ticipation In which McLeod had been arrested and indicted in the courts of Now York, was now avowed by tho British Government to have been an act of public military force, planned and executed by the competent public authorities, in alleged defence of Her Majesty's territories, and, as such, vas justified by Her Majesty's Government at home. However unwarrantablo the act, from that moment it could be viewed only as a national wronjr, tho full responsibility of which was assumed by the British Govern ment, and in which tho individuals concerned were but irresponsible instruments, acting under orders which they wero implicitly bound to obey. Under those circumstances, the present Ad ministration was called on, witbin tho first week of its official existence, to decide what course was duo to the national honor in this new atti tude of things. They could not but admit that, by the principles of public law, as recognized and sanctioned by the usages of all civilized na tions, persons engaged in military or naval outer prises, under tho orders of their lawful superiors could not be held responsible for what was done in the execution of those enterprises. McLc d however, was in the hands of the judicial tribu nals of tho country, and by regular judicial pro cess only could ho bo discharged. Tho Kxacu tivc authority had no right to interpose its arm for his release. What, then, was tho answer of the Administration to the communication of the British Government 1 It was such as Mr. H. believed tho Senate would feel to bo in ac cordance with the honest national pride of every American bosom. It was, in substance, this, for ho had not tho answer of tho Secretary of Slate then before him : You (the British Gov ernment) now avow the destruction of tho Car. olino as a public act of military and naval force, done under your authority. Henceforward Mc Lood anJ others, who acted under your order.", must stand excused in tho eye ol the law. Let the courts' in tho oxerciso ofthe jurisdiction which of right belongs to them, allow his plea of immunity and discharge ; but we hold you res ponsible in his place, through all those modes of international redress which tho code of na t ons has provided for tho proocution or vindica tion of national rights. "7'ho American Peo plo (and here, said Mr. H.I use, in part, the very words of tho answor returned by tho Sec retary of State, ) "not distrustful of their ability to redress public wrongs by public means," are incapable) of thopuor rovonge of pursuing an individual for a national offence, in which hu was but tho intlruinent of his Gov ernment. Mr. Hives appealed to tho Senate to the sentiment of Aiuorican pride to that Roman spirit which, ho believed, yet survived in tho bo sunn of his coutrymen, to say whether such a reply was not worthy of tho country and the Government 1" l'arccre FUbj'ectisct dobollarc superbiih" was tho dictate of a lofty &. m tgnan imoub spirit, whether in individi alsor in States. Historians have recorded the conductof tho Ho. man senate on the occasion of their ambassador being lulled by tho subjects of Do netrius, one of the most powerful princes of antiquity. Dem-' & "I" 'ho less solemn kinds of war, what the ctrioH delivered up tho perpetrators o'f the act nicmbors do, who act under the particular diroc to t'lo Romans ; but tho senate, suspecting that and authority of their nation, is by the law lio had connived at or oncouiagod the crime, in - ' nations no pomonal crime in them: they can mediately sent back the individual offenders, no-1 ""h therefore, bo punished consistently with tifvinir Demetrius that thev would hold the sovr- ! this law for an v act in which it considers thorn reign, and not the subject, roppuiii'ilo. Is it in following the example of that proud Republic that tho honoi able. Senator from Pennsylvania finds a ground for imputing to the Admin'stra-1 tion, in the caie of Mc Leod. a want of nroner national tono and spirit! But tho senator tells ui also, that ho distent entirely from the views of tho Administration in regards to tho princiiilo of international law involved in the correspondence between Mr. Fov ami the Sec- ' his own nativo Commonwealth. Would gon retary of State. What is tlio principle thus do-' tlemen have held tho sailord and marines ol the nicd ! I cite it, as the honorablo Senator did, from tho letter of instructions to tho Attorney General. It is there laid down in tho follow, ing words : Thero is, therefore, now an authen tic declaration that the attack on the Caroline was an act of public force, dona by military men, under Me orders of their superior officers, and is recognised t- such by tho Queen's Govern ment." 'That an individual tunning part of a public force, and acting under the authority of his Government, is not lobo hold answerable as a private trespasser or malelactor, is a princi ple of public law sanctioned by the ui-agc of all civilized nations, and which tho Government of tho United States has no inclination to dis pute." T.'io Senator from Pennsylvania contends tint this doctrino isnpplicable only toa state of ojieu, formal, and declared tear. In this I beg leave to differ from him. It is applicab'o to every caso of a military aggression committed by mil itary men, acting in obedience to their superior authorities, whether it bo in a stato of general and formal war or not. What is tlio reason of the thing! Let us not stick in the letter, but look to the considerations on which tho rule is font d d. Why aio so diets and iiiilitaryiiun t hold individually responsible for acts of violence and tresspass committed, in military operations, on tho persons and property of citizens of anoth er nation! Because in these acts they are the mere instruments of a higher Power, bound im peratively by their allegiance to yield their ser vices at the call otthc constituted authorities of their country, and to oLcy implicitly the orders of their commanding officers. It is not for tho soldier or volunteer (for they both stand on the samo ground) to inquire into tho justico or le gality of the orders ho receives. His duty is obedience, while the responsibility for his orders is .villi his sovereign, or his superior officers who issuo them. And hero I beg leave to refer the honorablo Sinator to his favorite authority, (Vattel,) from which he read an extract which I shall presently show completely sustains, when properly understood, the position ho used it to assail. The passage I am about to read refers to the caso of a wanton and unjust war, of so flagrant a character as to exposo the sovereign who wages it to tho unanimous reprobation ol tho vv hole family of nations. The author thero says : "But, as to the reparation of any damage, are the military, the general officers and soldiers, obliged in conscience to repair tho injuries which I hoy have done, not of their own will, but as instruments in the hands of their sovereign ! "It is the duty of the subjects to suppose" the orders of tho sovereign "just and wise, &c. When, therefore, they have lent their assistance in a war which is afterwards found to bo unjust, the sovereign alone is guilty. He alone is bound to repair the injuries. 7'uc subjects, and in particular tho military are innocent ; they havo acted only from a necessary obedience." "Gov ernment would bo impracticable, if every ono of its instruments were to weigh its commands," etc. Vattel, b. iii, c. 11, tec. 197. In this passage both tho rule and the reason of it, respecting tho immunity from individual responsibility of persons employed in military operations-ire laid down in tho most compre hensive torin. 7'hoy are regarded as mere in struments in the hands of the sovereign or su. perior authorities ; as much so, in ellcct, as the bayonets they ply or thocannon they discharge. The rulo, too, is expressed in terms so largo and comprehensive as lo apply to every kind of war, in respect to formality, duration, and extent. 7'huro am many forms end varieties of the stale of war. In general, a declaration of War is required, to constitute a solemn or formal war. But "defensive war requires no declara- lion, nor even, on urgent occassions, an express order from tho sovoreign." Vattel, b. iii, c. !, sec.OO. So as to reprisals, and other specific and partial acts of hostility. Thoy aro not ac. companicd with a declaration of war, and yet they aro public wars, though of the imperfect sort. Rutherrorth, an able writer on tho law of natuie and of nations, has well described Ihese various degrees and denominations of war. Ho savs ; "If ono nation seizes the goods of another nation by force, upon account of tome damage, &c, such contentions by I'orco aro reprisals!" Thero may be likewise other acts of hostility bo. tween two nations which do not properly como under tho name of reprisals, such asjtho besieg. 1iil' each other's fleets, whilst tho nations m other rospectB aro at peaco with ono another. MM ' ...1.1: I,.,..,,,. ,,,,;. il, contondmg parties. But aB they aro confined to romc particular obiucls, they are of tba im perfect sort," Ac B. ii, e 9, e. 10. Ofthsso Informal and impeifect xatF, neith- or accompanied with a declaration of war, nor extending into goneral and continued hostilities, the examples in modern times are very num erous. Not to speak of tho memorable attack on Copenhagen, wo have had, in our own day, repeated instances of these local, partial, and isolated hostilities, amounting, nevertheless, during their continuance, to a stato or war, and carrying with them all the legal consequences of that stato. One instance was too fresh In his recollection, Mr. H.said, having occured during the period of his residence in France, and fur nished too apt au illustration of the principles under discussion, not to justify a passing notice. While tho tyrant Don Miguel was on the throno of Portugal, ho practised the grossest atrocities, not only on his own subjects, but on foreigners residents fii his kingdom. '1 he subjects of France came in for a large share of these inju ries and indignities. Failing to obtain suitable reparation for them by negotiation, France re sorted first to reprisals on tho Porugucs- flag; but these, too, tailing of their desired effect, sho despatched a squadron under Admiral Houssin, which forced the entrance of the 7'agus, and passing through tho fire of the fortresses which line its banks, anchored within gun-shot of the Royal Pajacc. Tho required concessions were speedily yielded to this vigorous display of force, and Admiral Roussin returned in a few days to Brest, with tho whole Portugucs fleet in his train, as the trophy of his sudden and successful coup-de-main. Hero was no formal or declar ed war. It was an isolated act of force. And yet will any ono contend that if a sailor of Ad miral Roussin had been afterwards found in Portugal, he could havo been mado porsonaiy answerable for the loss of life or destruction of property which may have attended the operation in which he bora a part ! But Mr R, said ho would hasten to present to the Senate a most respectable authority on the law of nations, which is direct and explicit to tlio poiutin quostion. Beforo doing so, ho would merely premise that tho legal effects at tributed by publicists to a stato of war, related, first, to the impunity of individuals for any in jury to person or property they might commit in the execution of military operations, and, sec ondly, to the right of property acquired in goods taken by one belligerent from another. 7'ho passages he was about to read from Rutherforth would show that both of these consequences applied as well to imperfect and informal wars, to roprisal., and to insolated acts of hostility, as to wars ofthe mora formal and solemn kind. First, he says : "The external lawfulness of what is douo in a war, in respect of tho incinbur of a civil soci cty, extends to publje wars of tlio imperfect sor', to acts on repri iah,'or to other acts of hostility," &c Ruthorforth, b. ii, r.'J, s. 15. And again ho s-iys : "Neither tho reason of tho thing nor tho com mou practice of nations w ill give them any other impunity, or nilow them any otherw ise to' obtain property in what is tal.on, whero war has boon declared, than in the less solemn kinds of war, wutcn arc initio without a prat o is declaration,' 'only as the instruments, and the nation as the' , agon'." Idem, b. ii, c. !), s. H. 1 Mr. It. mid Ikj would put ono more case, and "ly one moro, in order to bring mora j i atoly homo to the .Senate the nriuciulo we havo been il sjutsing. He referred to tho attack up. on mo irigaio uucsapoakc. It occurred In a i tuno of profound peaco, on tho bosom of ono of our groat estuaries, and within the jurisd.ction ieoparu personally amenaljlii to our laws, and avenged tho national ins i t up.n ihcm ) 1 pro sumo not. Mr. BRN7'ON, Bpunkl ig across t I would havo hanged evory one of them Tho Senator from Missouri, wo all know, said Mr R,, loves a summary modo of proceeding : but would such an act havo beon recognised by civilized nations, and approved by tho general senso of mankind ! For tho sake of securing the conflicts of war from the cruoltics and bit toiimns of personal rovongo.the principle of In dividual immunity has been established by the codo of Nations ; audi rather think that the Senator himself, upon reflection, would have pursued a nobler course. He would Jnvu obey ed the suggestions of a lofiior chivalry, and di rected his demands for redress to tho offending sovereign, and not have wreaked his vongeaiico upon an involuntary and an unresisting victim. Mr. It. said ho would now pioreod to show that the passago read by thu Senator from Putin sylv.inina from Vattel, and on which ho o confidently relied o assail and overthrow the position assumed by the Administration in rela tion to the principle of public law involved in the caso of McLeod, was, in truth, an authority di rectly and expressly sustaining tint position. Let us ajraiu read the passage which the gentle man cited from that author, b. ii, c. (1. s. 7-1 and 75. It consists of two sections. The first is in the following words; "But if a nation or its chief approves and ratifies the act of tho individual, it thou becomes a public concern : and the injured party is to con sider the nation as tho real author of the injury, of which the citizen was perhaps, only tho in strument." Now, this doscribei identically the caso of Mclxiod, in reference to tho burning and des truction of tho Caroline, Which act has been approved and ratified by the British Govern, nicut, and, consequently, in tho words of Vattel, it "thou becomes a public, question" between nation and nation, in which tho Government of tho individual is tho real and only responsible party. Hut the honorable Sonatorpasscd lightly over this section and dwelt with particular emphasis on tlte 75th sectio-, which inunedia'o y follows, and is in those words : "if tho offended State has in her power the individual who has done the injury, sho may, without rcruple, bring him to justice and punish him. If ho lias escaped and returned to his own country, she ought to apply to his Sovereign to have justice done in tho case." Tho Senator from Pennsylvania read this section as if it applied to the same caso sup. posed in the proccding section, to wit, whero the act has been approved and ratified by the Sovereign. But it is perfectly evident from tho lastsentonro ofthe Faction that it does not; for it would bo idle and absurd to apply to a Sovcr eign to have justice done upon his subject, when ho had already ratified and approved the act of inaisiityoci. una section therefore, must ne-1 cessarily contemplate the cae whore the act of a loreign subject lias not been approved and ratified by his Sovereign, and affirms the prin. ciple that, in such case, tho offended Stato may, by virluo of her jurisdiction over all persons within her torrilory, punish tho offending individ ual, though a foreigner, if she havo him in her power. It does not contradict, in any degree, tlio principlo laid down in the preceding section, that, where the act has been approved and rat. ifiod by the Suvoroign, ho is responsible for the injury, and tho individual is to be regarded only as tho instrument. It is an universal rulo of interpretation that, whero thero is an ap. parent conflict between parts of tho same au thority or law, Etich a construction shall be made, if possible, as will give offed to both. 7'iie obvious explanation given abovo of these two sections of vattel satisfies this rule, as well as the plain import of tho text. 7'ho Senator from Pennsylvania put a case which ho seemed to suppose would fairly test the principlo of international law involved in this discussion. 1 la asked if Col. McNab tihould, under the orders of the Colonial au. thorities of Canada, teize and rob the mail of the United Statos, could ho sot up his orders as a bar toa prosecution for surh an offence in the American courts! The caso put has not tho remotest analogy to tho case or .WcIcod. Such a proceeding would bo a common felony, mcapa. b!e of being sheltered under any plea of military obedience. Tho duty of a military man can never lay him under tho obligation ofbocoming a high way robber. Tho capture and destruction or'"0. caroliim, on tho other hand, however unjunnable up-in any sound application of tho principle of international law, is shown by all the correspondence and documents rela. tingtort tohna baena miluarv and naval op. cration, governed by all the rules and discipline of military service and subordination. I come now (said ilr. R.)to notice some of hose topics of party, crimination which the hon. orablcbenatorfrom Pennsylvania, notwithstand ing his usual parliamentory courtesy, scattered with no stinted hand in the progress of his observations. He told us of soma mysterious panic which seemed to hare seized upon tho minds of men in regard to our relations with England, extending to Governmenf'tind People. The gentleman seemed to insinuate that it was under tlio influence of this panic that tho Attor ney General was despatched with fiery speed to Lockport, attended by a gallant and distin guished general officer of tho army, (Major General Scott,) to shield McLeod from impen ding danger. In order to complete this fancy picture, the honorablo Senator, for tho want of other material, brought in the prccipiatc return of the Mediterranean squadron aB the effect of this same panic at Washington I If the public journals havo not grossly falsified the facts con nected with this atfair, the return of the Med itcrraneau squadron was owing to communica tions addressed directly to its commander by tho American Minister at London ; and if thero was any panic in tho case, tho gentleman must fix it elsewhere than in Washington. So far was tho Government from being privy to this move ment, that the Brandywine, the avant-couuor of tho returning squadron, had no sooner dfPpcd her anchor within our waters, than sho was sternly and promptly ordered back to her sta tion. Mr. H. said ho did not exactly apprehend for what purpose tho Senator from Pennsylvania had alluded to the mission of Major General Scott to the frontier, in company with tho Attor ney General j but there seemed to be an inti. mation that it was to protect McLeod from the anticipated violence of popular excitement. Mr. Buchanan promtly disclaimed any such allusion." Mr. HI VtiS. I am hnppy to find myself mis taken in what 1 supposed to have boeu the mean ing of tho honorable Senator. It gives mo plea sure to inform him, from a document now before me, (a letter of Gov. Seward to the Secretary of War, dated 17th of March last,) for what pur. poso this gallant defender of his country in war, and guardian of her honor in peace, was sent to tlio Ironticr. It was for an object strictly in ac cordanco with his own noble calling to meet the possible contingency of au invasion of a por tion of our territory from the adjoining province a calling to which, I must be permitted to say, that distinguished officer, already covorcd with glory by his deeds of arms, has added a new il lustration by his assiduous and successful efforts to miintainthe tranquility ofour rrontiers, and to preserve from interruption, as yet, the peaco of two great kindred nations. I beg Icavo (said .1r. R.) to ask the Senator from Pennsylvania, in what proceedings of the Government he finds the evidence ol' an unbe coming spirit or concession to the deminds ofthe British Government! The British Minister, "in the name of his Government, formally demanded the immediate release of Alexander McLeod." Was tho demand granted! No sir ; it was firmly refused, and that refusal victoriously placed on grounds intimately connected with the sanctity of American institutions Tho British Minister informed the Secretary of State that her Majcs tyV Government is "of opinion that tho cajnure and destruction of the Caroline was a justifiable employment of force for tlio purpose of deluding tho British Territory from tho unprovoked attack of u band of British rebels and American pirates, who having been permitted to arm and organize themselves within the territory ofthe U. States. had actually invaded a portion ofthe territory of iiur .Mdjcsiy. now was mis men nycontro lertmg every point in the justification, interwea ving, in tho course of the renlv. a new. iustand powerful defence of the high moral character of our legislation anu policy on the subject of neu tral obligations, and "holding up the mirror" to the British Government, reflecting the aggrava t oiib and enormities of the destruction of the Carolino in a light and colors so vivid as to lead it is hoped, to a reconsideration of that act, rorol.' ting alike to humanity and to our national sensi. bility and honor. The honorablo Senator complimented our min istor at Ixindon for the able and oloqucnt man nor in which ho had presented this subject to tli British Government. Far be it from mo to abato a "jot or little" from the praises bestowed by the Senator upon this distinguished citizen of my own State, but without disparagement to him suroly, I may ask, when before has so powerful and graphic a picture of that outrage, speaking to the moral and almost to the bodily sense, been exhibited as in the following extractor the reply ot tho Secretary of Stato to Mr. Fox! "It must bo shown that admonition or remon Mrancc to the persons on board the 'Caroline'was impracticable, or would have been unavailing; it must bo shown that daylight could not be wai ted for ; that there could bo no attempt at dis crimination between the innocent and tho guilty ; that it would not havo been enough to seize and detain tho vessel ; but that there was necessity, present and inevitable, for attacking her in the darkness of the night, while moored to the shore and while unarmed men were asleep on board, killing some and wounding others and thendraw. ing her into the cataract, setting her on fire, and careless to know whether thero might not bo in her tho innocent with the guilty, or tho living with the dead, committed her to a fate which fills the imagination w ith horror." Was there any want of American spirit in all this! No, sir, no. Tho destruction of the Car oline being, at length av owed by the British Gov ernment as a public act, tho Administration could not but feel that it was unworthy of its own char acter and ofthe character of the nation, to dig. uify a ir.iscrablc and subordinate instrument who may have been employed in it, by making him the selected object of national vengeance. It could not but feel also that the principle of public law which exempts theso subordinate in struments from individual responsibility for acts done in obedience to tho competent public au. thorities, is a principlo founded in reason and humanity, and recognized bv tho universal prac tico ofcivilized nations. What, then, did it bo. como a high-minded and honorable Government to do, under these circumstances! Frankly and unreservedly to admit the principle to put it self in tho right and to do whatever should de volvo on it as a moral and responsible power, to fulfil and maintain the right. It had a higher game a noblor mission than to make war upon ;UcIod. It would not comply 'with t tic demand lo re lease him, for that was not of its province ; but , thinking that the courts, in the exorcise of their own proper jurisdiction, ought to release him, and charged with the international relations of tho country, it felt itsoir called on, without niter fering with the functions of an independent do partment ofthe Government, to contribute its moral influence in support of a great principle of international intercourse, on tho duo observ ance of which tho harmony of nations essential ly dopends. Tho Attorney General of tho U. States was, therefore, furnished from the archives of tho Government, with authentic evidence of tho avowal by the British Government of tho destruction of the Carolino as a public act done under its authority, and was instructed to visit Iho scono of Mcleod's trial with a single view of placing that evidence at his disposal, and of sec. ing that he had the full benefit of the constitu. tional provision which secures to "tho accused, in all criminal pr;secutions, the right to a spec dy trial by an impartial jury; to Tie confronted with the witnesses against hjpi j to have process for obtaining witnesses in his favor, and to havo the assistance of counsel for his defence." To havo done less undor the circumstances of the case, would have been to betray a sacred duty which tho Government owed to itself, to the country, to the cause of humanity, and to the peaco and harmony of nations. But the Senator from Pennsylvania thinks that the Administration should have been restrained from yielding to theso dictates of humanity and duty by a sentiment of self respect, in consequence of what he denominates a menace contained in tho communica tion of Mr. Fox. In what does the gentleman find ilus inenacd In the e words: "Her Majesty's Government the President of the United Stales to take into his most deliberate consideration the serious nature ol the conseqences which mueten sue from a rejection of this demand." Now sir, how. over earnest this langusge, I must say f ui more of deprteation thin of menacin it. Piom what school of diplomacy th honsraM teaater has drawn th sensitive and fastidious standard he applies to this communication, I know not. Hut 1 had thought that in this practical and utilitarian age, notions so jealous and sublimated had given place to directness and sim plicity of speech, and thai an appeal to tho candid re flections of a Koreign Government on ihcconscquen cci which might ensue from the omission or perform ance of certnin acts, if made in n tone of courtesy and friendly expostulation, was always held to be adniis iblct and sometimes, indeed, proper. ( It is a little remarkable that language almost iden tical with this, in a letter of Mr. Kox to Mr. Forsyth, of 29tli December In a I, should havo passed without arousing, in the -lightest degree, tho jealous sensibili ties of gentlemen. In that letter, Mr. Kox says to Mr. Forsyth i " I caauol but forscc the very grave and serious con senUCUCCS that must ensue, if. liestilr-H tbn ininrv ntrrn- dy inflicted upon Mr. McLeod, of n vexatious and un just imprisonment, any further harm may bo done him in the progress of this extraordinary proceed ing. But I must say, Mr. President, that punctilios like theso are nut of substance sulliceicut, in my opinion, to occunv. in this sue of tho world, the crave ilismq. sions of a body like the Senate of the United States. The calm dignity of conscious strength is not prone to be astute in imagining or suspecting insult. It is ever self-poised and collected, reposing on the sense of its power, and the justice of its cause. Such, 1 trust, win ever ue tnu attitudo anil bearing ol tins gal lant Republic of ours. Least of oil will it permit it self to be restrained from doing what is right by the most uuworthv of all fears" tlio fear of beinc ibo't afraid." The senator from Pennsylvania seems to have for gotten the illustrious and honored name which was at the head or tins l.ovciiiment when its course was ta ken in regard lo the allair of McLeod. Ho indulged himself in IiaiutiliL' to the Sennio tho haurditv inn-n and indignant defiance with which ho supposes An drew Jackson would have treated the demand of the Untisli .Minister it lio hail still held tlio reins of pow er. Ihounli the lloroof INow Orleans was not then in Ihe Chair of S'ate, one his compeer in boldness, in fearlessness, in dignity one who had been familiar with every form of danger in the field, and was not to be daunted by the reflection of terrors, real or im aginary, in the cabinet one whom the People of America had selected for his military and civil servi ces to fill the seat which Washington had occupied a veteran who never shrank fromn contest with Hri tish power, face to face, was there. Docs tho gentle man supposo that lt, loo, was panic-stricken 7 The scnatorfroiu Pennsylvania may-dismiss his np prehensionthat the honor of the country will be com promised in tho hands f those to whom the Nation has entrusted ils keeping. The Chief Mogistratc, who now so worthily has the placo ofthe lamented Harrison, has given, in a life of honorablo and patriot ic service, pledges on which the country can repose. Ho has announced the maxima of his policy towards Foreign Powers in terms which cannot but command tho universal assent to render i istico to all, submit ting to injustice from none and while sedulously cul tivating the relations of peaco and amity with the rest of the world, esteeming it "his most ininerotivo duty to see that the honor of the country shall sustain no blemish.)' To these sentiments of the President, we find a faithful echo in tho language of the Secretary of State in thecloseof his letter to Mr. Foi. " This Republic docs not wish to disturb the tranquility of inc wunu. id oujeci 11 peace. 11s policy peace. But still il is jealous of its rizhts. and anion:? others. and most especially of the right of the nbsoluto im-1 munity of it9 territory from aggression abroad and these rtf.its it is th iltitv nnrl fltrrminMinn nt lh!u t Government fully, and at all times, to maintain, while it will at the samo lima as scrupulously refrain from infringing on tlio right of others." In sentiments such as these, we have nn nbundant guaranty that nothing will be done or suffered by the present Admin istration which shall strike us from the high rank among the nations where the virtuous struggles o our ancestors havo placed us, end that it will steadily fiursue the noble and comprehensive rule of action aid down by ono of our early and most illustrious Presidents, to merit the character of a jusl, and to maintain that of an independent nation, preferring very consequence to insult and habitual-wrong. THC ItlcLEOD AFFAIR. FROM THi: DKPARTMKXT OF STATE. .Mr l'o r to Mr. I'orsvth. Washington, March 12, le41. The undersigned, Her Uritannic .Majesty's F.nvoy Extrnordmary ond Minister Plenipotentiary, is in Mrui led by his Government to make tho following official communication lo the Government of the United States : Her Majesty's Government have had under their consideration the ci rrtspondenec which took placcat Washington in December Inst, between the United1 States Secretary of State, Mr. Forevth, ond the un dersigned, comprising two official letters from the undersigned to Mr. J-orsyth, dated tho I'Jlh nud 29th of December, and two official Ie'ters from Mr. For syth to the undersigned dated tho 2Gtli and 30th of the same month, upon the subject of the arrest and impiisonment of Mr. Alexander McLeod, of Upper Canada, by the aulho itics of tho Slate of New York, upon a protended charge of arson and murder, of having been engaged in the capture and destruction of tho steamboat "Carolino," on the 29th The underlined i directed! in tho first place to make known to the Government of the United States that Her Majesty's Government entirely approve of the course pursued by the undersigned in thai corres pondence, and the language adopted by him in the official letters above mentioned. And the undcrngn cd is now instructed ngsin 10 demand from the Gov ernment ofthe Uni'ed States, formally, in the name of the British Government, tho immediate release of Mr. Alexander McLeod. The grounds upon which the Itriltsh Government make this demand upon tho Government of the Uni ted St itcs 1 ro tho'o : That the transictior, on account of which Mr. McLeod ha been arrcstid and is to be put upon his triil, was a transiction of a public char acter, planned and executed by persons duly em powered by Her Majesty's t'oloninl Authorities to lake any steps and do nuy ncl9 which might be ncccsssary fur the defeneo of Her Majesty's territo ries, and for th protection of Her Majesty's subjects ; and that consequently ihoso subjects of Her Majesty who engaged in that transaction were performing an act of public duty, for which they cannot be made personally and individually answerable to tho laws ami tribunals of any foreign country. The transaction in question may fiavobecn, akHer Mnjesty's GoVLrnment are of opinion that it wa, a justifiable employment of force for the purpose of de fending the Ilritish territory from the unprovoked at tack of a band of Ilritish rebels and American pirates, who, having been permitted to arm and organize themselves within tho territory of tho United States, had act tally inraded and .occupied a portion of the tcrritoryof Her Majesty, orit'ma havo been, as al leged by Mr. Forsyth in his note to the undersigned of the 2fltli ol December, "a most unjustifiabl" invasion in time of peace of the territory of the United Stales." Ilut ibis is a qcstion essentially of a political and in ternational kind, which can be discussed ami settled only between the two Governments, and which the courts of justice of the Stale of Xrw York cannot by possibility have any means of judging or any right of deciding. It would he contrary to the universal piaetice of civilized nations 10 fi individual responsibility upon persons who, with the sanction or by the orders ofthe constituted authorities of the State, engaged in mili tary or naval enterprises in their country's T causes and it is obvious that the introduction of such a principle would nggrav He beyond measure llin miseries, and would fearfully increase the demoralizing ellecls of war, by mixing up with national exasperation the ferocity of personal passions, and Ihe cruelly and oiiterncss 01 imiivutuai revenge ll l -V, i ...... . 1 r ,1.. Her Maietv'K Governmo t cannot believe Hint Ihe r, - .- .. 14a.-. n.. :...nn.l ... Government of theUniled States can really end set on example so fraught vv th evil to the commim ly of .nations, and ho direct tende ncy of v Inch must bring back into lbs- prae-tceof modern jar atlroc lies which civilization and Christianity havo long since he can Her Majesty's -cn, f,,r a moment the yah lity nl the doctrine advanced by Mr. i-nrsvt ,. in in, 1'i'iierni iiovernineni 01 1110 I'llernl eioverntnent 01 1110. SKlT.0, ti rdceisbn thereof us 7 . r... . .1 ."I .i i . ... i -..,!. .1.. .. .11. iisi.infv.Vn.l Willi the narilcularanf the internal compact which mavcxit between the several Stale lhat compose the Union, foreign Power have nothing to do ; the rela tion of foreign Powers are with ihe. aggregnte Union; that Union is to them represented by tho Federal Government, nnd of that Union Ihe Federal Govern ment is to them Iho only organ. Therefore, when a foreign power has mires to demand for a wrong done to it by any State of tho Union, il is to tho Fe deral Government, and not to the separate Slate, that such power must look for redress for that wrong. And such foreign power cannot admit tho plea that the separato State isan independent body over which iho Federal Government has no control. I lis obvious that such a doctrine, if admitted, would at once go to a disolution of the Union so far as its relation w ith foreign powers are concerned; and that firrign powcrVin such case, instead of accrediting ibplo - uon ,ho reult of 'their" wn"mwJZtti end? State, without eferSce to minlii Iibm ttol, ihr rest relations rnev neu, nun tiiai imjun ii.. m. r ,., ,.,.i,..i ,i... ,i,l -i .1.- i : i- - it t. I nuavuis not imp conclusion intend lo arrive, vet mch v. tho arguments that have ben advanced ! ?htH ma? Her Mairstv'a Government for. -"V demand, upon tbegro ri,U already staled, the immediate releasn of Mr. McLeod t and Iter 4ua icsty a Government entieat tho Government iT tlio "10 rleratinn ihe sjriou nature of the consenuences whiM, m. S i en. ue hZ u d?cnon of tins de3T must ensue trom a rejection ol tins demand. The United States Government will perceive that, in demanding Mr. McLcoda release, Her Majesty s Government argue upon the assumption that he was nneof thenersons enengedtn ihecaptiireoflhe.sicam. boat, Caroline;' but Her Mnjestv s Government have the. irnngcsi re isons for htiniconvarieeid that McLeod wa. not in fact rngar.rd n thxt transaction; and thn un4renini u tetntpn ins'iuelal to fsy lint a', united atatcs to tawe nto is most aenneiaie const, though Ihe. circumstance itself makes nodilfircnca ill thepohlical and international question at iisue 1 and nl though Her Majesty's Government do not demand Mr. .McLeod s release upon the ground that he was not concerned in the capture of the 'Caroline' but upon the ground that ihocaptureof the 'Carolino' was n transaction of a public character for which the Per sons cngigcd m it cannot incur private nnd personal responsibility yet the Government of tho United States must not disguise Irom themselves that the fact that Mr. JlcLcod was not engaged in tho tran saction must necessarily tend greatly to inilame that national resentment which any harm th.ft shall lie suffered by Mr. McLeod at the hands of tho Stale of New York, will infadhbly c.xcito throughout tho whole of tho Ilritish empire. Tho unders'gned, in addressing the present official communication, by order of his Government, to Mr. Webster, Secretory of Stole of the United S'lates, has the honor to offer to him the assurance of his distinguished consideration. II. S. FOX, The Hon. Daniel WE0hir.ii, eVc. A.c. Mr. Webster to Mr. For. Department of State Washington, April 21, 1911. The undersigned, Secretary of State of the United Stati.4, has the honor to inform Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Her Uritannic Majesty, that his note of the 12th of March was received and laid before the President. Circumstances well know n to Mr. Fox havo neces sarily delayed, for some days, the consideration of that note. The undersigned Im the honor now to say that it liOBbcen fully considered, nnd that he has been diiect cd by the President to address to .Mr. Fox the follow ing reply! Mr. Fox informs the Government of the t.'nitcd States that he is instructed 10 ma' e know n to it that tho Government of Her M ijesty entirely approve the course pursued by hnn in his'currcsponileneo with Mr. Forsyth in December last, and the language adopted by bini on that occasion ami that Govern ment have instructed him "again to demand from tho Government of the United States, formally, in the name of tho Ilritish Government, the immediate re lease ofMr. Alexander McLeod 1" that "the grounds upon which the Ilritish Government make this de mand upon tho Government ofthe United States are these r That tlio transaction on accountof which Mr. McLeod bos been arrested and is to be put upon his trial was a transaction of a pnblic character, planned and executed by persons duly empowered by Her Mnieetv'H colnm-d nuthmitirs fn !nkn nnv- strn nml In doanv, which might le necessary for the defence of iier .tujesiy s territories, anil lor tho protection or Her Majesty's suhjmts, and that consequently those, subjects of Her Majesty who engaged in that trans action were performing on net of public duty, for which tbeyeannot be made pet snnally and individual ly answerable to tho law s and tribunals of any coun try." The President is not certain that he understands precisely the mauling intended by Her Majestj's Gov- unimcui 10 oc conveycu oy trie lori-going instruction. This doubt has occasioned with ihe Picsident some hesitation, but ho inclines to take it for granted that the main purpusoof the instruction wafsignifiei! t the Government of the United Stnles that tho attack on the steamboat 'Caroline' was tin act of public force, done by the Ilritish colonial authorities, ond fully re cognised by the Queen's Government at home, and that consequently no individual eonecrntd in that transaction car, according to the just principle of the laws of nations. In- held personally answ erable in the ordinary courts ol law as lor privato ollcnce; anil that upon tins avowal of Her Jlajcstv's Government, Alexander McLeod, now nnurisoned on an indictment for murder alleged to have been committed in that at tack, outfht to bo released by such pro cedings os are usual and arc suiiablc to the case. The President adopts the conclusion that nothing more than this could nave been intended to be expres sed, from the consideration that Her Miijetv's Govern ment must bo fully aware Ilia l in tho United States aMti Englan I, persons confined under ludirial process. In neither country, ns the undcisbivd supposes, can the arm of the Executive power interfere, directly or forcibly, to release or deliver tho prisoner. Hi dis charge must he sought iua manner conlorniable to the principle of lawand the proceedings of courts of judicature. If an indictment, hkethat which has been lounaagatnst Alexander .vie I. cod, and under circu stances like those eel.irl, hrlnnr, m ibi. r-r rr, nendinr- nr-ainst nn individual in nne.nnhr. rnnrf.of r..i. i .!.,.. io .1. .,,!.. ,1.., ,i, ir. r.i.. Crmvn might enter a nolU prvcaul, or that the piis- oner might cause himself to be brought upon haltas corpus and discharged, if his ground of discharge should sufficient, cr that he might prove the same facts, nnd insist on the same defence or ex- cmptionon his tiial All these are h-gai modes of proceeding well known to the law s and practice of both co nitries. Hut the undersigned does not suppose that, if such a case were tonriseTn England, the power of the Executive Gov- ernment could be exerted in any more direct manner. I. f.,, ,n ,h rnsn nf V mh.issftihirs nnrt nthrr Ttul.lif- Ministers, whose rinht to exemption from nrrestis per sonal, requiting no fact to be ascertained but the mera factof diplomatic character, nnd to orrest nbom 1 sometimes mud a highly pcnnl offence, U" ihv arrest bo actually made, it must he-discharged by application tj the courts of law. , .. . , . 1 ... ..i.- arr.rifi ts lio den usitiiuiiu.ii ... - i.u'tr-sior nels alleged to havo been done by him in tlientt id; 011 the "Car- olinc,,' and his defence or ground of aeqiutal must be the same in both caacs. And this strongly illustrates, as thcuiidcrsigned conceives, the propriety of the foregoing observations; since it is quite clear lhat the 1 Executive Government eunnot interfeie 10 arrest a , civil suit between private parties many stage of its nrocrcss, but that such suit must go on to its regular Ol l. .lie. 11 i 1 lie . .11 J.i , r i.iiji; ui il judicial termination. If, therefore, any course diner- 'mir oiience against iiieir ovvu l oiintry, or however cut from such as have teen now mentioned was in thfvmay bo treated, if taken with arnim their ham . contemplation of Her Mnj-I's Government, same- in the territory of tho Government .against which the thing would seem to have been expected fiom the standard of revolt is iaicd, can not he (lenonunntedpi Government ofthe United .States a little eouforma- without depnrttngfrom all ordinary use ol hm- blc to the laws and usages of the United States and pagem thcdcfinalion of silences. A cause wh eh to which Ilus Government cannot acre-do. 1 baj foul anrngtn as piracy ran not, in Us progress. The Government of the United States, therefore, , or bV " '"cces?, ol tain a claim to any degree ol actingupon the presumption which it hod already ad- , respec ability, or tolerance, amorg Ration ; and civil op'cel, thai nothing extraordinary or unusual was wars, thcielore, are not understood to have such a expected or requested of it, decided, on the reception commencement. . . of Mr. Fox's note, to take such measures as tho oc. , ' i w ell known lo Mr. ox that authorities of the casionanditsown duty appeared lo require. highest en. ncnce 111 7.n!and built living and dead In his note to Mr. Fox of the 20 December last, havcnnintnmed that the general law- of. Nations d. e Mr. Fo.syih.the Sectclary of Slate of the United "0I forbid the citizens or subject of one Government S ates observ es, that "if the destruction of tho 'Car- from taking part m tlio civil commotions ol another oliie'vvasa public act of persons m Her .M:,rest's W ''f think that sueh may service, obeyina the orders of their superior author- be iheopmion of Her Majesty s Government at thu itics, Ibis fact has not been before conimuinoatcd to present moment. the Govcrnnientof the United States by a person The undcr gne I has made these rcmatks from thn authorized lo make thcadnusjion ! and it will bo lor conviction that it is important to regard established the Court which has taken cogu.zance of the offense d'stinctions, and to view the acls and olllnei s of in with which Mr. McLeod i ediarged, to decide upon dividuals in the exactly proper light. Hut it is not 10 its validity when legally established leforo it;" and bo infernal that there i, on tl.c part of the Govern adds, "the President deems this to bo a proper occas- nient, any purpose of extenuating, in the shghtisi ion to remind tho Government of Her Uritannic Ma- degree, the crimes of those person, citizens of iho jesty that the case of th the 'Caroline' has been long United State, who have joineil in uiiliiaiy expedition since brought to thcattention of Her! Majesty's prin- against the Hriuh Gov eminent m Canada. On thu cipal .Secretary of Slate for Foreign affairs, who up coimtr.ary, the President elireets the undersigned to to thisday has not communicated its decision there- say, that it is his fixed lesoluuon that oil such di upon. It is hopped lhat the Government of Her turners of the .National peace and viulators of tho Majesty will perceive the importance of leaving the law s of their Country shall be brought to cxcmplarv Governmcnl of the United Slates no longer uninfot in- punishment. Nor will the fact that they areiiisiigateil rdofits views and intention upon a subject which and led on to these cxccse by Hi u.fli subjects, rc has led to sii' h crave consequences." 1 fugces from the Provinces, be dei nud an excuse or Thecoiiimiuuratiiin of the tact that the destruction palliation 1 although it i wed wot thy of be ing re niem of the "Caroline' was nu net nl public force by the bered, lhat the prune movers of llu se disturbances on Ilritish authorities being formally communicated to 1 the borders arc subjects of the (lurin, who como the Government ofihc Um'ed States by Mr. Fox's within th-J leriitonesi.f the United Stales, se, king to note, the case assumes a decided nspeet. I enlist the sv mpnlhics of their citizen, by all the mo- The Government of the United .Mates entertains no j live which they are able to address to ihcm, nn nc doubt, thatnfier his avowal of the transaction, a ithnr- 1 count of gucvanees, teal or imaginary. Th, re is no ized and undci taken by the Ilritish iiuthorilie, indi- reason to believe that the design of any ho-i L move- vidual concerned in it ought not, tiy the principles of public !., zr.' pr ncral visapes of civilized Slates 10 ne no nun personal y riponsiuic 111 1ucun1111.11 . ,. r :. ,, - Ti 111 the ordinary iriounais 1,1 iiw, iur uieir ii.iiiie.-i.iiiejii m 11. i.r.,lcnt presumes that it can hardly be ne- , Amcrican propie ', ,l;s. m,8lfu, ,1, ability .to redress public w rongs by not' desire the punishment of in- j divi,,lmi8 hculho act complained of is declared to h"" -n ,n - . ,..... rj,,,..;.. ol li10 cited ... . .. . . ,. .. . .. . . I !"'. lohlulIye.s forth .lie otunion of h Mates Ironi t us lienarimen. 'iv direction 01 ine 1 liovernmenion inc sunjeci 01 .ur. .uci.coti s im- prisonment, a copy of w hich instruction the under signed has the honor licewiili In 1 nclosc. ilia indictment against .vici.coj is penning in n State l ourt ; hut Ins rights, whatever they may lie, are no less .afi", il i preunicd, than if lie were holdeu tonnswer in oneof the Courts of tbisGovcmmcnt. Ue demands immunity from personal rcponibility bv virtue of ihe law of nation, and that law. in civ- ibzed States, i lobe respected in all Court. None 1 either so hiiih or so low a to escape from it au - thorityin cases to which its rules and principles ap- ply- , , , , , . This Department ha 1 ecu rcguiarly informed, by his Fxcelleney, the Governor of ihe State of New York, lhat iho Chief .Iii'licc of lhat Stale was as- signed to prcudeat the hearing nnd trial of Mcl.cod's case, but lhat, owing to some error or mistake in the P . .1 1 i ft r,l 1 'lcfof ibeavowal by the IlritU Government of ihe "Caroline," ns nets Hon? d aul .omy, and such evidence will bo lurnisnca 50 tnem by this Department. ? 'ring his casefo, a healing before 'undersigned hardly needs to are Mr. Fox , thnt n Iriliunnl Hit iniinrnlti ftictmmnJ.n,. f. nl.J.ix. I 1 . , w... j mi ui'ittij ' nilil IPJirniHiT q Ihfl Simrmim fVurl .if llm tln nC -v .. u n . i - .. . , 1 .; 0 , ---.r. -.. . uiv ... .' 1" - m . 1 V on ,or ,nn JH'lnn" impartial administration of the law m this as well ns , 0hcr C35C6 . ,, ,he llnimicnrii n,VPn ,ie ex- precsion of thedcsireof this Government lhat no delay inayho sutTerel to take placo in these pro ceding which can be avoided. Of this desire, Mr. Fox w ill fee evidence in the tnstruetious above refericd to, The undersigned ha now m signify to Mr Fox, that the Government of the United States has tint ehanjed tho opinion which it has herttof"refXff d to her Itf!iy' Government, of ih6 chatact . of the in-j uimcietwu 1 1 hi i uiu mim uiii-iu itch tv i no appiiCBiun oi mo nrincm o innv bo niorrmco r heSns,;, ...!!! !".:infi!' ''".''rnnuple itself. Ley regard sr. prt- ,'iiti 1'iuv.eviiuiy ,,.i ma, ,iiupoe:, unu nu, s nuw ns ui tut; mc samn u inose terruories are emiucci ny r .ir. ton COninCtCtit for Mr. .McLeod. bV tllC Ordinary nrneoss half thr olnbr. Tim ml I7,mwl! in ihr nnrrnm act of destruving tlio "Caroline." It does not thinl; that the transaction can hu justified by any reasonable application or construction of thu right of self-defence, under tho lawof nations. It i admi'cd that aj'Ht right of self difente attaches a! Viay to nations, as well ns to individuals, and 11 equally necessary for the pro-ci vatioii of both. Hut tho extent of this right is a question l, bo judged of by the circumstances ol each particular case; and when its nlledi'ed exercise has led to llm rnmniisstn,, of hostile acts within tho territory of a Pow er nt peace, miming icps iiiuu u cicui iiuu mi-ciinc necessity call afford grounds of justification. Not having, up to this tinie.been maduncqtiaiutcd with the vie vv-tmd reasons, nt length which have led her Mtijistv's Government to think the destruction of the "Caroline" justifiable! asan net of self-di fence, the undirsigned, earnestly renewing the reinon.straneo of this Government against the transne'iout abstain, for the present, from nny extended dicusMoii of the question. liutitis decino I proper, nevertheless, not to omit to take somo notieeof Ihe general grounds ojiistuValion s'atcd by Iier .Majesty s Government 111 their instruction to Mr. 1-ox. Her Mjicsly's Government have instructed Mr. i-ox to iay that tlicy are of opinion that the transac tion which terminated in the destruction ofthcCnro lino was a justifiable cinpl. ymcnt of force, for tho purpojeof defending the l!rili-h from the unprovoked attack of a band of lliitish rebels and American pira tcs.who having been "permitted" toarinanilori:anizo themselves within the territory of the United Slates had actually invaded a portion of tho territory of hor Majesty. 'Ihe President cannot suppose that her Mojcsty'K Government, by the use ot tlicc terms, meant to bo understood asintimating that thneacts, violating the laws of the, Unitid State, nnd disturbing tho peace of the I'n'.ish territories, were done under any degree of countenance from lids Gov. or contemplated bv it w itrf liidiffcn ncc ! or that, under thu circumstances of ihu case, they could have been prevented by the ordinary course' of proceeding. Although he regrets that, by usin tho term "permitted," a possible infcrrcncc of that kind plight bo raised, yet sue n m inlrrcnce, th Piisident i willing to hehive. would bequito unjust lo ihe intentions of the Ilritish Government. Tint on a lino of frontier such as separates the United States from her Majesty's Provinces a huu long enough to du mo the whole of Europe into hal ves irregularities, violences, and conllcts should sometimes occii', 1 qually ngam-t the will of both Gov ernments, is ccriumlv easily 10 be supposed. This may be more possible, perhaps in regard to tho United States, without nny reproach to their Govern ment, since their ms'itiitmns entirely discourage thu keeping up of Luge standing armies in tuno of peace, and their situation Inppi y exempts tli-111 from tlio necessity of maintaining such expensive and danger ous establishments. All that can be expected from cither Government in these cases is good faith, a sincere desire lo pr rrvepcT-eamldoju tree, thousu of all proper mem of prevention, nnd that, if offences cannot, ii"vit!'ik, be always prevented, tho 1 f- leiiucrn siian sun ue jiiiny punished, In nil tliesu respects, this Guveninnnt acknowledges no deli quency in the perfoi mittre of its duties. Her Majst)'s Government are pleased, nlso, lo speak of those Ami rn-an citizens who took part with persons in Canada, cngagidin an insurrection against the British Gover.nnriit as ''Anurican Pirates." Tho undersigned does not admit the proprictyor justiceof this designation. If citizens of ll.cLnitcd States filled out, or were encaji d in lilting out, a military expe dition fioni the United States intended to act ncamst the Ilritish Government m Canada, they wero clearly violating the laws of their country, and exposing themselves to ihe pist consequences which might bo inflicted on them if ta'. en within the Ilritish dominions. Hut, notwithstanding this, they were certainly, not piraics, nordoc the iiiiderignci think that 'it can advance the pu pose of fair and friendly discussion,, SDr hasten the accommodation of national difficulties so to dcnom.naiotlicm. Their offence, whatever it was. has 110 ana'ogy tocnes of piracy. Supposing all that is alleged a trains I tlicm to he true, they wero taking part in what they reeardeda a civil war, nnd they were part'on tho side of the rebels. Sorely, EupLind herself Las not regarded person thus engage d as deserving the appe'lation which Iter Majesty s Government bestows on these citizans of the United State. Il is ouite in toriou that, for the "rentes! part of tli last two centimes, Mibjecisof the Ilritish Crow n bav . wen perinit'er 1 1 engage m loreign w ars, botli An- twlla' and civ il, and in the latter, m every stnce of ' progress tanu vet u na not been unaaineu tint l.nir- ' ""J1 n a' "me allo.wt(1 1,cr f ul,Jf t-t " lurn Pirates, 1 Indeed, 111 our own tunes, not only have individual ! "uluccts of that t rown gone to engage in 1 c1' 1 war P" w.c 1"le FCi;n whole Lffiincnts openly ' recruited, ctnboidcd, ermcd.and di iplin.d in I.nglaml I wltl' 11,0 avowed purpose of aiding p. rebellion agaut I a Mlon " "hr"" Imrdan i want peace ; alilicucli " ls l'"e lhat subscrp.endy. an Act ol I'arliment was ! V"snl 10 Prevent liaiisnctions so near y approach I IP? t0 Pub ic """V without hctmc fiom the Crown, , ""'- !; '?ldI,,,!' ''l"" '".v"' '' " U " . ll't' v. -i i , , ecsson. or a motincti'd revolt of a colony acainst tho mother Country, nnd Ihe caseof a fresh outbreak r.t Ihe commencement 01 a renellion. 1 lie under igre 1 docs not deny that such desiinctmn may, for cen n purpose, be deemed well founded. He' admits that a Government, called upon to consider us own righ'a intere-', and dune , when civil wars break nut 111 other Countries, may decide on nil the circnn stances of ihep.articular case, upon its own rxistii.g stipulation, etn prohnlh- result, on what its owii security requires, nnd oh many other considerations. It may healrcady bound to acsistone party, orit 11 ar become bound, if it, to assist tin- rihcr, nnd to meet ihe consequence of such assistance. 1 , , . . , , : - " mil vv lieilirr (lie revolt he recent or long continued. 11 " '!Jnm "10tc concerned in it w natevcr tnay Lo ( mem ironi trio 1 iiiteu Mates ngamst 1 nnaJn hns com menci'd with citieil of the United Stales. Thn in,.. origin of such purposes and such cnterpiises is on thn other Eidcof the lino Hut the President's resolution to prevent those transgressions of the law si not, on that account, the h ss strong. It is taken, not only in conformity to his duty under the provisions of existing law but in full consonance with the established prin ciples and practice of this Government. The Government of the United State has not, from the first, fallen into ihe doubts, elsewhere entertained, of the true extent of ihe dun. . of neutrality. It hns 1 , , .. . , . . : .'. -. 1 neiu, mat however 11 lunv lavcoeeii 111 1. i, lo, n cd ages, the jus, interpreMatum of the modern law o, canons, is, inai neutral .-tales are tiounil 10 he strict I ly neutral t and lhat 11 1 a and gross mifro I prii ly for ill ivuhials to encage ill Ihe nvi! conflict of ' pro ty for 111 ivuht.als to encage 111 Ihe 1 ivi! conflict of oner Mates, anil tint-10 ue at war. white the Gov oner Mates, and tint-to tie at war. while eminent is 01 peace. Wnr nnd n,nei nrr ernnicnt is nl peace. Wnr nnd peace are IiilIi Nat . , onal retailors, which can pro eilv be ts i 1 eliangul, only by .Nations them tlve. j The United Stales have thought, also, th uhhshed or .1.- . utary doctrmeof non-intervention l.v one Nation nl. , the allatrs of others is liable to bcesscntiallv inii aired, , if, while the Government rcfiains from interference, inleifcrcncc u still allowed tons mbjecls, individually or in masses. Ii .may happen, indeed, that person , choose to have lluir Country, tmigrnte 10 other re gions nnd settle themselves on uncultivated lands, in t letritoriesbilonging to other Slates. This e an not bo prevented by Governments which allow the cr.nrra , lion of iheir snbicetsand citizens: and such n, rsnn. ,1 , r. , - . . - -- . . . "" ' T"' 5 n"anc me owncouni, . . ,av ' . The government of the Uutud Slate has not -en. sidereal it a sufficient to confine the duties of neu ttalily and non-ieleiferencr to ihe case of Govern- i mcnts whose territories he aljaccntlo each oilier ety and danger of allowincuvlividuals to male war MlS 'Zo '3 Z , ZT !" I I.... I r ,PntM,T .,n 1.. n i imv iniuu it m v iiuiiiuiiuij, m 'uui v, LIIII'l Illl I tUt relolmne vf llidir oxi .a i ,n , .,.... t .1... ..... ....tew...-, ... .M.i. ... I (HIM 111. 4(HI1 1(1" i . - "niieu maics nave ncrn ine lust among civiheil Nation to enforce the observance of ilus jusl tele ot 1 neutrality and peace, bv special am ndceVa'. legal rnae'ineins. Inibr infancy of tins Government, on tlicbrea' ma out of ihe rurorean wars wb.h had thr.r or,, in n th. Fien h ttcv 'i ion, ( 'oiigief ' rnss ed laws wuh f, ve , 1 nn'"e' f"t picvcntuK' ct lens nf the Unu d St tcs from rrr tan .nihotehos tduies Itytlr '.aw v. ' ,H ' nsoftli I w(' ii,(! v ., .- j tolc n b, mi uiv

Other pages from this issue: