The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-03-09 00:00:00

loose epithets of any one, no

1 eminent jurists

an race

with no flag

concurrent jurisdic-
cf view that it

and no home. Piracy comes under tn..
tion of all nations. Even in the worst point, ..-
can he considered, those connected with the stear
roline were but aiders and abettors of others eng'
bellion ; and the committee are totally at a loss to
what authority rebellion is recognised as piracy.
founding of terms is resting the case upon epithets, instead
of sound law or facts. But even supposing it to be a "Inra-
ticsl boat," as the minister asserts it to be ; yet the moment

ch con-

Britain
of her
burnt 1:

~~ OL' Si

1 fll utiggrost
;htfully invade i

soil of Gre-at

veered by British.law. Suppose one
of the Thames and
inated

French

;hman
rx, and

3 a country than invasion of s

nation that s

ms were a

of even pir

Its of

If it can lie done with

Lt finalls

of things at Schlosser, and the conduct of those who had
Toul of the Caroline, had first been made to the proper
critics of New York, or of the United States, then there

rst of respect for our sove-

relgnty and independents, and a disposition to treat us as an
equal. But in this case, as if to treat our authorities with

pt. there vc

Lion math
It was

hoped tha

preliminary der.

was peril,

i or representa-

ted by a party

in a sudden heat and excitement, upon their own responsi-
bility. But the British Minister now avows that " the act
'was the public act of persons obeying the constituted autho-
rities of her Majesty's service, obeying the orders of their

superior authoritie44'
If this had been the first and only point of collision with
Great Britain it might ttdt have excited interest, but there is
an assumption !in most of our intercourse with that great

ower revolting to the pride and spirit of independence in a
free people. If it be her desire to preserve peace, her true
policy would be to do justice, and show that courtesy to
equals which she has always demanded from others. The
committee do not desire to press views on this part of the
subject, particularly as a demand has been made by our go-
vernment upon the government of Great Britain for explana
tion as t

the outrage committed, the answer to which it is

hoped will prove satisfactory.
As to the other points presented in the demand made b
the British Minister for the " liberation" of Alexande

ivl`Leed, the committee believe the facts of the case to be,
that the steamboat was seized and burnt as stated before, and
that a citizen or citizens of,New York were murdered in the
affray. And there were reasons to induce a belief that M`Leod
was pqrticeps criminis. He was at first arrested, and upon
various testimony being taken, was then discharged. He
was afterwards arrested a second time. Upon the evidence
then presented, he was imprisoned to await his trial. Theit
was no invasian of British territory to seize or take him.
But upon his being voluntarily within our territory, he was

arrested as any citizen of the
similar offence, might have I

went for

peace anil. dignit

Great Britairt,7or be

ted States, charged with a
~ • We know of no law of

of a- state, because he is a subject of
ause he committed the crime at the in-

stigation or under the authority of B

a provincial officers;

much less do we know of any law that would justify the
President to deliver him up without trial, at the demand and
upon the assertion as to facts, of any agent of the British

If we had been at open war with Great Britain, and M`Lead
had committed the offences charged, then he might have
fallen under the rules and regulations of war, and had been
treated as a prisoner of the United States government, and
would have been subject to the laws of nations in war. But

as the alleged criminill'acts, in which INl`Leod is charged to
implicated, were committed in profound peace, it is a
far as he may be concerned, solely against the
and dignity" of the state of New York, and her cri-

urinal jur

ton is c

an outlaw—a pirate, in the legal accepta
under the law of nations, the United St

If the crime

Lion of the term, then
rtes courts and tribu-

arelv a

nst the 1

nil coming exclusively.
tribunes of New /oil

December, 1840

,
says—" It is quite notorious that Mr. M'Leod was not one
of the party engaged in the destruction of the steam-boat

Caroline; and that the pretended charge upon which he has
been imprisoned rests only upon the perjured testimony of
certain Canadians, outlaws and their abettors," &c. This
may, perchance, all be sa--but it would be asking a great
deal to require an American court to yield jurisdiction and
surrender up a prisoner charged with offences against the law,
upon the mere ipse dixit of any man, no matter how high in
authority. Whether INl`Leod be guilty or not guilty, is the

doint upon which an American jury alone have a right
to decide. Jurisdiction in state of tribunals over criminal
cases, and trial by the jury of the venue, are essential points
in American jurisprudence. And it is a total misapprehen-
ch I sion as to the nature of our system to suppose that there is

one, or thwart ti
existed, and wer

- .
3 arrest the verdict of th

Aber. If such a powe
tuallv overthrow

i, it would

and upon a vital point, the separate sovereignty and inde-
pendence of these states. •
The federal executive might be clothed with power to de-

liver up fugitives from justice for offences committed against
a foreign state, but eve❑ then it might not be obligatory to
do so, unless-it were made matter of treaty speculation. This
duty and right in an executive has generally been considered
as dormant, until made binding by treaty arrangement. But
when.the matter is reversed, and demand is made, not of fu-'

linst a foreign power, but
with offences against tic

peace and dignity of one of our own states, then it is that I
demand becomes preposterous in the extreme. The f

that the offences were committed under the sanction of pro-
vincial authorities does not alter the case, unless we were in
a state of war. In such cases as the present, the power to
deliver up could not be conferred upon the federal executive
by:treaty stipulation. • Over all cases except those defined in
the constitution, and those coming clearly under the law of
nations, the states have exclusive jurisdiction, and the trial
and punishment of offences against them,. are incident to
their separate sovereignty. It is not pretended in this case
that there is any tteatv stipulation under which the demand is
made ; and the federal exefmtive, under our system, has no
power but what is conferred by the constitution, or by the
special law of conzress. In the former it is declared that
the executive power is vested in a President of the United
States," and the power is then to be pointed out and defined

;pecial laws passed from time to time, imposing such dix-

xpedient by ming-

Uangerous

he executive to ex-

ercise any power over a subject-matter not conferred by
treaty or by law ; and to exercise in any case in conflict with
state jurisdiction, would be worse than dangerous ; it would

be usurpation

But tour committee forbear to press these points further
at present, and they would not have said as much on such
clear questions of international law, but that in this case, the
demand for liberation has been made by the accredited-agent
of a great power, and under circumstances of peculiar aggra-
vation and excitement.

"'We hare other points of difference with Great Britain,
which add interest to every question that arises between us
at present. Neither our Northeastern or Northwestern
Boundaries are yet settled with her, and the subject is not
entirely free from difficulty. She has recently seized our
vessels and exercised a power involving the right of search,
under the pretext of suppressing the foreign slave trade,

which, if persevered in, will sweep our commerce from the
coast of Africa, and which is incompatible with our rights as
a maritime power. She has recently, in her intercourse with
us, refused indemnity and denied our rights to property, on
a subject matter vital to near one half the States of this Con-
federacy, and which, considering her military position at
Bermuda and her growing power in-the West Indies, is of
the last importance to our national independence.
" All these subjects make every question between us, at
this particulqr juncture, of the deepest interest.
" Besides this, we are both permanently destined to have,
perhaps, the most extensive commerce of modern nations.
Our flags float, side by side, over every sea, and bay, and
inlet of the known globe.
She moves steadily upon her objects with an ambition that

knows no bounds. AO, wherever she has had a conflict of
interest, she has rarelWelded to any power.

"At this moment, she presents to the civilized world the
spectacle of the greatest military and commercial power in
combination, ever known.

" From her vast possessions in every quarter of the globe,
nd her peculiar commercial system, she has been made the

" Her internal resources, skill, labour, and machinery,
with her capital, are beyond calculation. Her natural posi-
tion, being about midway the coast of Europe, gives her great
control over the outlets and currents of commerce.

Her military occupation

pibraltar, Malta, the lonian

Islands, and recently St. Jean d'Acre, give her 'ascendancy
on the Mediterranean and the Levant, while St. Helena
and the Cape of Good Hope give her possession over the
currents of trade along those extensive coasts. Then Bom-
bay, Calcutta, and her immense possessions in the East In-
dies, together with her recent movements in the China seas
and islands, enable her to extend her power over those vast
regions that have slumbered for ages in solitary and enervated
magnificence. She possesses Falkland Island but to control
the commerce that passes around Cape Horn, while Trinidad
gives her all she desires in the Caribbean sea. Halifax at
one point, and Bermuda at another, stand out in great force
over our own coast, from one extremity to the other.

" Her positions all over the world are, at this moment, in
a military point of view, equal to a million -of men under
arms. Her continual conflicts in the mighty regions of. the
east only enable her officers to become skilful and to improve
in the art of war, while her great armies and extensive fleets
lraw their QtypOrt from the immense countries seized and

can Overlook t

r has recently brought
us so near together that, in the event of any future conflict,.
war, with its effects, will be precipitated upon us with much
more rapidity than ormerly.

" Avriceand ambition are the ruling passions of modern
times, and it is in vain to shut our eyes to the state of things
around us. .It remains to be seen what effect steam-power
is to have upon changing and modifying the whole art of
defence and war. It may be a great engine for again levelling
mankind, and reducing every thing to contest of mere phy-
sical force. In that event it might be difficult to conjecture
what system of national defence will stand the test of time
and experience.

" We have a deep stake in peace, and fondly hope the re-
pose of the world will not be disturbed. We have certainly
not the least desire for any rupture. Firmness, and a wise
preparation, will long preserve us from such a catastrophe.
But while no temptation should ever prompt us to do injus-
tice, on the one band, so no consideration, on the other hand,
should ever induce us to submit to permanent wrong. from
any power on earth, no matter what the consequences may be.
•: Your committee would conclude by expressing a firm
belief, that all our points of difficulty may be honourably and
amicably adjusted, and that harmony may long be preserved
by both governments pursuing a liberal and generous policy,
congenial to the interests and feelings of both people, and
compatible with the spirit and genius of an enlightened age."
We can only find room for the following commercial ex-

NEW YORE, FEB. 14.—Cotton is dull sale at Saturday's
rates ; we have not heard of any sales worth reporting. Mo-
derate sales of Genesee Flour were made at 4 dols. 75 cents
to 5 dols., and of choice brands, in small quantities, at 5 dols.
12 cts. to 5 dols. 25 cts., and 5 dols. 50 cti. per barrel;
Georgetown and Howard-street 5 dols. ; Rye Flour 3 dols.
23 cts. to 3 dols. 37-.1 cts. ; Corn Meal 2 Bois. 75 cts. to 2
dols. cts. Nothing was done in Wheat or Barley. Corn
is held at 49 cts. to 50 cts. Oats remain inactive at 30 cts.
to 39 cts. per busliel. 200 tierces rough Flaxseed were sold
at 10 dols. ct., and a small quantity of clean at 11 dols.
Cloverseed sells in small parcels, at 8 dols._to 8 dols.

Holders of Ashes are firm,... at 6 dols. for both descriptions
5 dots. 874: cts. is offered for Pears and refused.
There was a positive sale of a large quantity of dry goods,
to-day, by auction, testing the market rather more thoroughly
than before. Seasonable goods brought just about the cost
and charges of importation : but unseasonable goods, such as
Mouselin de Lains, of which there
were a great quantity, sold
at two-thirds of last Fall's prices, say 124 to 25 cts. for goods
which, last Fall, brought 18 to 33 cts.

MUSICAL MADNESS.—A roan was arrested the other day
in the church of Saint Sulplicc, in Paris, who pretended that
he was a pipe of the organ blown out by wind. He ear-
iiestly requpsted that he naight be restored to his place, or the
music would be stopped.

Under the Manage►nent of

L, LIVERPOOI

Jr. CLARICE, Sole Lessee

Second week of Mr. ELTON. Second week. of Mr. G.
VANDENHOFF; and last week of Mr. J. S. BALLS.
PHIS present TUESDAY, March 9, 1841, will he per-
formed the Tragedy of

Virginiu.

IRGINIUS

Nfr. Elton

Mr. H. Holl,
Mr. Bake

Regan

Dentatt.

H. Bland