The Sun.
London, England, 1842-10-07 00:00:00

T. LAMIE AIURRAY,Efq., Chairman.

J. Elliotson, M. D., F. R. S.
John Griffith Frith, Esq.
Hunter Gordon, Esq.
George Lungley, Esq.

John Rawson, Esq.
John !!fiddle Stodart, Esq.
Clement Tabor, Esq.
Joseph Thompson, Esq.

AUDITORS.
Professor Wheatstone, F. R. S. I Professor Graves, A.M. F. R. S.
Acr v A lir—W. S. B. Woolhouse, F:sq. , F. R. A. S.
rHYSICIA N—J. Elliotson, M.D., F. R. S.
SURGEON—E. S. Symes, Esq.
SOLICITORS—Messrs. Sweet, Sutton, Ewers, and Ommanney.

Baxxxas—Messrs. Glyn, Halifax, and Co.

The most rational motives to Ltfe Assurance are found in
the plan adopted by this Society; viz. joined to a secure
provi4on at deatk for inheritors of the Assured, the Society
afords succour to the Assured himself (proportioned to pre-
vious payments) in the event of unforeseen reverses.

Annual Division of Profits.

F. FERGUSON CAMROUX, Secretary.

This invasion took place the 16th of December, 1837,
a grAdual accession of numbers and of military am-
munition continued openly, and though under the
sanction of no public authority, at least with no pub-
lic hindrance, until the 29th of the same month, when
several hundred men were collected, and twelve pieces
of ordnance, which could only have been procured
from sorre public store or arsenal, were actually
mounted on Navy Island and were used to fire within
easy range upon the unoffending inhabitants of the
opposite shore. 'Remonstrances, wholly ineffective,
were made; so ineffectual, indeed,that a militia regi-
ment, stationed on the neighbouring American island,
looked on without any attempt at interference, while
shots were fired from the American island itself. This
important fact stands on the best American authority,
being stated in a letter to Mr. Forsyth, of the 6th of
February, 1838, of Mr. Benton, attorney of the Unitd
States, the gentleman sent by your Government to
inquire into the facts of the case, who adds, very pro-
perly, that he makes the statement " with deep regret
and mortification."

IThis force, formed of all the reckless amilnischiev-
ous people of the border, formidable from their num-
bers and from their armament, had in their pay, and
as part of their establishment, this steam-boat Caro.
line, the important means and instrument by which
numbers and arms were hourly increasing. I might
safely put it to any candid man acquainted with the
existing state of things to say whether the military
commander in Canada had the remotest reason, on the
29th of December, to expect to be relieved from this
state of suffering by the protective intervention of any
American authority. How long could a Government,
having the paramount duty of protecting its own
people, be reasonably expected to wait for what they
had then no reason to expect ? What would have
been the' conduct of American officers ? What has
been their conduct under circumstances much less
aggravated ? I would appeal to you, Sir, to say
whether the facts which you say would alone justify
this act, viz. :—" a necessity of self defence, instant,
overwhelming, leaving no choice of means, and no
moment for deliberation," were not applicable to this
case in as high a degree as they ever were to any
case of a similar description in the history of nations.
Nearly five years are now passed since this occur-
rence; there has been time for the public to deliberate
ouppmicnioi calmly,
nt
ofoad and I believe
idacndhononi.abl may takelenieli, it
thatthteo be the
British
officers who executed this transaction, and their Go-
vernment who approved it, intended no slight or dis-
respect to the sovereign authority of the United
States. That they intended no such disrespect I
can most solemnly affirm, and I trust it will be ad-
mitted that no inference to the contrary can fairly be
drawn even by the most susceptible points of national

honour.
Notwithstanding my wish that the explanation I
had to make might not revive in any degree any
feelings of irritation, I do not see how I could treat
this subject without this short recital of facts, because
the proof that no disrespect was intended is mainly
to be looked for in the extent of the justification.
There remains only a point or two which I should
wish to notice, to remove in some degree the im-
pression which your rather highly coloured descrip-
tion of this transaction is calculated to make. The
mode of telling a story often tends to distort facts,
and in this case, more than in any other, it is im-
portant to arrive at plain unvarnished truth.
It appears from every account that the expedition
was sent to capture fre Caroline, when she was ex-
pected to be found on the British ground of Navy
Island, and that it was only owing to the orders of the
rebel leader being disobeyed that she was not so
found. 'When the British officer came round the point of
the island in the night, he first discovered that the
boat was moored to the other shore. lie was not by,
this deterred from making the capture, and his con-
duct was approved. But you will perceive that there
was here most decidedly, the case of justification
mentionedin your note, that .there should be " no
moment left for deliberation." I ineiitiOn this circum-
stance to show also that the expedition was not
planned with a premeditated purpose of attacking
the enemy within the jurisdiction of the United
"
States, but that the necessity of so doing arose from
altered circumstances at the moment of execution.
I have only further to notice the highly
coloured
picture drawn in your note of the facts attending the
execution of this service. Some importance is at-
tached to the attack having been made in the night,
board.
livesthe
persons
s thatons on there
Thecarelessness
and the vessel having been set on fire and floated
down the falls of the river ; and it is insinuated, rather
than asserted,
as
givento theby
the distinguished officer who commanded the
of
expe-
dition distinctly refutes or satisfactorily explains these
assertions. The time of night was purposely selected
as most likely to ensure the execution, with the least
account
loss of life ; and it is expressly stated that the strength
of the current not permitting the vessel to be carried
off, and it being necessary to destroy her by fire, she
was drawn into tie stream for the
express purpose of
preventing injury to the persons or of the
inhabitants at Schlosser.

I would willingly have abstained from a return to
the facts ,of this transaction, my duty being to offer
those explanations and assurances which may
lead to
satisfy the public mind and to the cessation of all
angry feelings ; but it appears to me that some expla-
nation of the facts of the case, apparently misunder-
stood, might be of service for this purpose.
Although it is believed that a candid and impartial
consideration of the whole history of this unfortunate
event will lead to the conclusion that there were
grounds of justification as strong as ever were pre-
sented in such cases, and, above all, that no slight of
the authority of the United States was ever intended,
vet it must be admitted that there was, in the hurried
execution olYthis necessary service, a violation of terri-
tory, and I am instructed to assure you that her Ma-
jesty's Government consider this as a most serious
fact, and that, far from thinking that an event of this
kind should be lightly risked, they would unfeignedly
deprecate its recurrence. Looking back to what
passed at this distance of time, what is perhaps most
to be regretted is, that some explanation and apology
for this occurrence was not immediately made ;
this,
with a frank explanation of the necessity of the case,
might, and probably would, have prevented much of
the exasperation, and of the subsequent complaints
and recriminations to which it gave rise.
There are possible cases, in the relations of nations
as of individuals, where necessity, which controls
all other laws, may be pleaded ; but it is neither
easy nor safe to attempt to define the rights or limits
properly assignable to such a plea. Thismnust always
be a subject of much delicacy, and should be con-
sidered by friendly nations with great candour
neighbour?
andlnai
nfloyr forbearance. ra ne e
looked
. to, 1 haen intentions tceannt iiot ns
for
eonftionally and wan-
a the
momentparties m
be s uups -t
posed that Greatßritain would int
totidterpri\olva
joeksetya,sgGreoavtearnndmpenowt eerafrunlestly
desire that a
reciprocal respect for the independent jurisdiction and
authority of neighbouring. States may be considered
among the first duties of all Governments ; and I
have to repeat the assurance of regret they feel that
the event of which I am treating
,should have dis-
turbed the harmony they so anxiously wish to main-
tain with the American people and Government.
Connected with these transactions, there have also
been circumstances of which I believe it is generally
admitted that Great Britain has also had just ground
to complain. Individuals have been made personally
liable for acts done under the avowed authority of
for no other
many brave
tinheetiir
eGmo)ovseerdn mteon tp;ersaonndalthceorneseagrueenneoews
cause than having served their country. That this
is contrary to every principle of international law it
is useless for me to insist. Indeed, it has been ad-
mitted by every authority of your Government ; but,
owing to a conflict of laws, difficulties have inter-
vened, much to the regret of those authorities, in
thesegiv i giving practicaldiffigcultiessome
effect
re
itnoedtyhehseas principles, ibp3 all desired.
It and for
It is no business of mine to enter upon the considera-
tion of them, nor have I sufficient information for
the purpose, but I trust you will excuse my addres-
sing to you the inquiry, whether the Government of
the United States is now in the condition to secure,
in effect and in practice, the principle, which has never
been denied in argulnent, that individuals, acting
under legitimate authority, are not personally respon-
sible for executing the orders of their Government.
That the power, when it exists, will be used on every
fit occasion lam well assured; and I am bound to
admit that, looking through the voluminous corres-
pondence concerning these transactions, there appears
no indisposition with any of the authorities of the
Federal Government under its several administrations
to do justice in this respect in as far as their means
land powers would allow.

I trust, Sir, I may now be permitted to hope that
all feelings of resentment and ill-will, resulting from
these truly unfortunate events, may be buried in obli-
vion, and that they may be succeeded by those of har-