Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-02-21


and drlenceless men, Ct night, AID cicum
stances VI signal airocIiy IL vas pructt Gng, too,
the more unexpected and rfpFehensiur InGsnGch hs II
was planned and executed moment WREN the earnest
Efforts OF The Government Of the United States were d.
recIrd 10 the preservation =" its obligations Of ueutfa
,y, and while both The General ard Stale Governments
using every effort power 10 restrain luGYI.
duos their Northern frontier IRON unawfuiIy inter-
tPrng in the contest between Great Britain and her
lomlrs.
lndred, q. the very moment WHEN the Lieutenant.
Governor Of Upper Canada &as Grc!arnc 10 The Pro.
yncal Parliament his confidence The disp"s,lion Of
the American Government 10 prevent liz cuizrus from
engaging in the contest that then raging, and
WAITING for replies from the Governor uf New York and
her Mejrs!ys Minister Ell Washington, with whom he
hgo communicated this Outrage was, with his know
rdge aud appreciation, planned AMI ex. cuiet.
Under such circumstances, II was not to have been
e1reci'd that the whole procerdng could be regarded
by the Government U, the :. any other iig, than
as manifest scl OF hostile aud Gui!ng aggression upon
lis rights and sovereignty, utterly Inconsistent With all
The p7incrp of national law, aud wholly Irreconciiea
Tile with The friendly aud peaceful relations Of tie two
| countries
Such is the which the undersigned has been di.
rected 10 present to her Maestys Government and here
he would rest the appeal with which lie has been charged
but Tor Tie grOuncs hic! have been relied by tie
provincial authorities III Justification Vt The proceeding,
aud which were communicated by Mr. Fox 10 Mr For.
! syth, IN his nole vi The & h OF February last.
To these grounds 1t may not be unrmporlan; Tia, he
SHOULD now briefly advert. It is alleged that The charac-
|
y OF robbers and pirates; and employed ~ Ie -rTyIce
IN carrying men, arms, and munitions, oil from the
United STATES Canada aud, consequently tIa she was
liable to aud deslruct0n, only cuhout but
nthtn, the limits and jurisdiction Of the United States
lu The hrsl place 1t denied that tins vessel, under
any principle OF The law or practice OF nations, could be
rgarGt a. PIracs or those On board OF her treated
pirates ana robbers
Aud here becumes necessary 10 ascertain the cha
nature Ui III. between Great Britain
and her Canadian colonies The following principles
ASSUMED Is incontruverlb!c:
That civil wars aIe not dsngulshabe from other wars
az IN hegefen and neutral nghs; t:at they s!ann Upon
the ground and governed by The pciuc-
pies; that whenever PoIinn Of STATE seek lay force
OF aims, 10 overthrow the Government and in
depeudencr, the contest becomes de tfct0 war.
That in such contests the rrl"cIpss OF public law 10
lann 10 b'Ilgsreuts mus; govern; all the rights
which state OF gives ~ public enemies, be
allowed to the respective parties engaged IN them.
Applying these principles 10 the contest between
Great Britain and her colonies: II must be regarded
far other nations concerned, GIRL eur and
treated accordingly. Now II may be Admitted that 70.
regnes, uniting liz s"iyes with brl!sefcnt, becomes
the enemy Of the party 10 whom that Drgeren "ppos.
ed; but doing ST., they Gry sunI-cl themselves lie
what the belyctcnt may lawfully be subject, and are
enlisted 10 all the rights which the behgeisE, would
be entitled IT, then Citizens Of the United States by
assocating themselves with the Canadian iDsurccnlS
become identified with them Of Great Bri-
tam they could ony be- regarded such whilst in arms
aud 10 b. treated IN Ike manner BY interfering,
they made fIilStVes III civil NaT u
Britain could only suhrc them to the same ppnalti.s
which she could rghuulty enforce against her revolving
subjects, with whom quOaa hoc they have bcc"m" allies
Voluntary and and succUr therefore, from foreigners,
persons con-prng /" subveit or change hrr Govern
nirnt neither oe regarded as yJacy punished
criminal, unless the c1rnding party be taken
agarns, The Government, a"d WITHIN lis jurisdiction
This Doctrine it is needless 10 remind Lord Pamei-
slun stands upOu the Cleares principles Of natural Jus.
ucv and national law, and the usage oil cv'in
ons. Great BRIAN has herself Iuarnn,"d H. and her
annals are iul of Instruction IN ia" euh'ci
II is wholly Imnalera!, iitrn. hat the conraband
character employ meur 81 this " $50 was She
not plralrca nor could those board IL Der be punish
ed ss pirates outlaws. Piracy, by The public law,
only III acts Which Gic on noes against ell
iInns
But If it were not So, and she vas admitted 10 he p
raltcal and not the property ct OF the United
States bu, OF the BRUSH Insurgents s'I!l hrie is
thing gained IN defence Il" tins proceeding unless
also be- show that The BRUSH authorities had The right
10 seek aud destroy her 10y armed force within the
limits and jurisdiction u sovereign ard independent
Sale.
or all the principles Of public law there are none
more sacred than those which rcuIr the Imr'unity of
neutral territory from the exercise OF acts vi hostility
by i'!rslgn power
TIE law OF nations, therefore, iofb;s a use Of neu
trail territory for hostile purposes, aud emphatcally de-
clares. that the rights OF shall nry be exercised
within he territory ni tie bsI2e;ent tn. high seas
or whont he jurisdiction ofany Other nation. Hence
it is iorhldd-n we'll by umvt rsa n'rrna' ional
agaius. snps within The limits and jurisdiction
oil Ii neutral nation. Every enrsn'e, therefore, INTO
neutral territory, with hostile intentions. is d n0unced
as unau fol. This is the general and ackno~ legged doc
tnr Of the public law. and ui essential To
the tranquility and security IT il, then the
individuals board The Caroline violaors of the
neutrality OF The T. s. and The rights Of war, by giving
aid and SUI the insurgents. Gnd had forfeited all
ella ms 10 the prOsc 81 titr cnunlry the were vet
not punishable within the territorial nnis OF rh U.s.
by Great Britain her officers but alone amcuable
tn the laws OF The >
But il will be said there are exceptions 10 tbs rnle
and cases arising ont of and self prer'va"n
whit SUSPEND favor of hrlIirrrrnt sub mod1 the
right OF neutral nation and Justify the INVASION OF its
trIriory The cnses admitted but they are few and
defined All writer's on The law Of nations concur in
opinion that there be entry into The territory of
an ndepentpnt STATE but where consent is first given
or here the entry is innocent and urusy refused or in
casrs Of extreme State necessity These ATE the only
exec pnns The general rule II the right te Claimed
ss Is admitted BE- in thus on the ground al
si.y we must look TO The Laws uf nations for The chaac
ter and degree Of necessity and the conditions annexed
TO its exercise Now all pubcists agree that the neces
sity which Justify the Invasion OF neutral terf to-
ry must be imminent and extreme, and involving i'm
pending destruction. II IS never permitted fer puf'
poses Of convenience, Ordinary defence, or rs mea
Of retaliation however atrocions The INJURY may nave
been which il is intended TO punish. wherever, thrn,
Their, has been clear Invasion OF neutral territory, The
proof lies upon the party To LrEg himself "ihh Inc e1-
erpiion and show the character OF the necessity I'M
der which the violation took place vas the present
such case Was the necessity. even remote; much
loco extreme and imminent: What advantage was
gained by the destruction 0f this vessel Out 10 revive
and swell the deep excitement which then existed
the American frontier and which the Government Of The
limited States was using its U'sl Efforts 10 sssuage?-
None certainly. On the CONTRARY, TO suppose Eor mo-
ment that such measure was dictated by the extreme
Necessity Of self-preserVation, which in fact not
even useful any conducive such end,
would be prrpnscrous II can hardly lien be presumed
that her Mojestys Government will maintain hat this,
vns a case embraced within the rxcrotiuns and ius-
tilted by the principles Of public law, or the usage
ofcyiiized nations There is not feature in the pro-
cFeding to warrant such opinion On the contrary,
the case, proved, is OF open md admitted in
vasion of the territory and sovereignty of an Indt-