Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-03-22

Gu, out IoT tue bTounuS WHICH HuNc ueeH
relied on by the provincial authorities in
the justification Of the proceeding, and
which were communicated by Mr.. Fox to
Mr.. Forsyth in his note OF the 9th Of Feb
ruary last.
To these grounds it may not be unimpor
tant that he should now briefly advert. II
is alleged that the character Of this vessel
was piralical; that she was the property
OF robbers and pirates, employed in their
service in carrying men, arms, and NUM-
tons of war, from the United States to
Canada, and, consequently, that she was
liable to seizure and destruction, not only
without but within, the limits and jurisdIc.
ton Of the United States.
In the first place, it is denied that this
vessel, under any principle of the law of
practice of nations, could be regarded as
pratical, or those on board of her treated
as robbers and pirates.
| And here it becomes necessary 10 ascer-
tain the character and nature of the con
test between Great Britain and her Cana.
dian colonies. The following principles
are assumed as incontrovertble:
That civil wars are not distinguishable
from other wars as TO the belligerent and
neutral rights; that they stand upon the
same ground, and are governed by the
same principles; that whenever portion
of State seek, by force of arms to over
throw the Government and maintain indie.
pendence, the contest becomes one de jacto
of war! That in such contest the princl.
pies Of public law in relation TO beligercnts
must govern; and all the right which a
state of war gives to public enemies, are to
be allowed the respective parties engaged
in them.
Applying these principles TO the contest
between Great Britain and her colonies, it
/ must be regarded, 80 far as other nations
are concerned, as civil war, and treated
accordingly. Now it may be admitted that
foreigners. uniting themselves with bel
ligerent, become the enemy Of the party to
whom that belligerent is opposed: but, in
d doing go, they only subject themselves to
what the bellIgercnt may lawfully be sub.
ject, and arc entitled to all the rights to
-. which the belligerent would be entitled, -
. If, then, citizens Of the United States, by
n associating themselves with the Canadian
insurgents, become identified with them as
n enemies of Great Britain, they could only
i be regarded as such whilst in arms, and
b were TO be treated in like manner. By in-
terfering they made themselves parties in
} the civil war; and Great Britain could only
IS jcct them to the same penalties which
r she could rghtfully enforce against her
" revolving subjects, with whom, quoad hoe
ID they have become allies.
y Voluntary aid and succor, therefore
from foreigners, t. persons corspiring e
:. subvert or change their Government, CO,
neither be regarded as piracy nor punished
ID as criminal, unless the offending party b.
J. taken in arms against the Government ant
l. within its jurisdiction.
J. This doctrine, it is needless to remint
Of Lord Pa|merston, stands upon the ceares
j. principles Of natural justice and nationa
re law, and the usage of all civilized nations
l. Great Britain has herself maintained it ,ant
" her annals are full of instruction on tn,
l. subject.
G, 1t is wholly immatcrial, then, what tn,
r. contraband character and employment o
al this vessel was. She was not piratical no
Of could those on board of her be punished a
s. pirates or outlaws. Piracy, by the publ,
law, can only consist in acts which are of
E. fences against all nations.
n Bu, if it were not so, and she was admit
n ted to be pira,ica, and not the property o
IN citizens Of the United States, but of tn
10 British insurgents, still there is nohin!
7 gained in defence Of this proceeding unles
1t can also be shown that the British an
~ thorties had the right to seek and des,ro
g. her by an armed force, within the limit
" and jurisdiction Of sovereign and ndepen
ne dent State.
10 Ofal the principles of public law Their
are none more sacred than those whc
NC secure the immunity of neutral terrtor
from the exercise Of acts Of host ity or W q
q. by foreign power.
ID The law of nations, therefore, forbds n
or use OF neutral territory for hostile purpose:
N and emphatlcally declares that the rights c
If war shall only be exercised within the ter
10, ritory of the belligerent, on the high sea:
10 or without the jurisdiction Of any other ma
cd ton Hence it is forbidden, as well b
rs universal as international law, to com
"a mence or continue any act Of violenc
~, against enemies ship within the limits an
he jurisdiction Of neutral nation. Ever
M entrance, therefore, into neutral territory
J,e with hostile intentions. is denounced o
n. unlawful. This is the general acknowl
on edged doctrine Of the public law. aud @
essential Importance TO the tranquility an
bo security of the nations. If, then, the indi
ne vidrals on board the Caroline were viola
,is tors of the neutrality of the United State
u. and the rights war, by giving MD an
rs succor to the insurgents, and had forfeie
on claims to the protection of thor country
IN they were yet not punishable within III
a. territorial limits of the United States, b
m Great Britain or her officers, but wer
90 alone amenable to the laws of U. States
10, But it will be said there are exception
to this rule, and cases arising out Of neces
ol sty, and preservation, which suspen
o in favor of a bclligcrent sub mode the RICH
n. of neutral nation, and justify the invasion
M oI It's teFri,OrV. The cases are a0mltt al