Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-07-05

rounded ny lie iron rights OF war; It's exact Ie-
gnl denomination is informal, insolemn hoStMty.'
Let us call things by their right uamcs, aud hold
England and hold ourselves 90 consistently to this
view of the transaction. Look Mt il. There was
iorclDle temporary occupation of our territory
by an armed foreign body, acting in organization,
sent across by foreign Government, as n Gov
crnment, not for plumber, but an allcdgod grave
measure of state policy for the aedged defence
of its own soil and lis own law against revolution
0ry invaders from without. What sort of net is
that, sir? The mover is Government the in
ducencnt high reason Of state the Instruments
and the effects such MS ordinarily do the work md
mark the giant lrca;l Of war. Armed men VIC
lenlly ussal u vessel muored on our waters, own
ed by our citizens, reposing we nllpge, beneath
The protection, not Forfeited, OF ihe folds of our
flag. 1t is the cry ofbric hut actual battle, which
rises above the ntrnur OF that onward, unreturn
ing stream. The peace of our territory was dis
turbed, its sanctlty was violated, the charmed life
ot an American citizen was taken in fight, the
properly OF an American citizen, itself part III The
general wealth of the community, was destroyed.
This, sir, in the language of the puhlicists is " in
formal hostility against the United States and the
responsibility OF England, who ordered it to lie
committed, aud the immunity Of the soldiers who
enforced the order with the bayoner ana cutnss,
result, Of course, according 10 the principle on
which, MS have snid, we all take our slard, and
IN which all pubclss agree. do not say TINT
by this act England bad intended to begin
on the United States or ~ impair our strength, iii
ninisl our treasure, Insult our flag n nation.
Certainly not. But the net which she does is to
invade our territory forciby and unawfully, for
the purpose of reaching ond destroying the prop
erty OF one of our citizens, which she had no
right so to reach aud so to destroy, and 10 effect
that purpose by military violence aud 10y shedding
innocent blood in battle. Aud this act is hostility
against us, because our rights are outraged, and
they are outraged by the methods and processes,
and according to the forms of war and because
every nation and every man must be holden
TO intend the acts which he does and their neces-
sary consequences.
! Mr. ChOate enforced this propositions by Install
eng lie attack of Copenhagen in 1908, by the
British
! But advance 10 n second and far more impor-
tant circumstance. The expedition in which he
served WINS the act Of Government competent TO
compel him to serve. independent Of aud prior
To any know ledge or approval OF the net by the
mother country,it was wholly reject the
sugge stion that this daring enterprise was at first
an unauthorized proceeding ofindividuals g. that
II subsequently became the net of Government
10y ratification. From beginning to end it was the
work OF Government, and of n Government
having the right to exact McLeod's obedience TO
the last drop of his blood. who planned aud
conducted the attack The Colonial authorities.
such is, for substance, the explicit declaration of
| Mr.. Fox. Such is The legal conclusion from the
facts stated by Sir Francis Head in his despatch
of the goth January, 1888. Sir the matter stands
exactly thus. The colonial author tiles specially
empowered Col McNabto defend Her Majcsty's
territories and to defend Her Muls3iv'5 Suhfects
Such Is the concurrent statement of Mr.. Fox aud
Iii Francis Head. For this purpose they express
| iy empowered him to a,'upt all needliil defensive
measures aud they thereby clothed him 10y inc
vilable implication with The discretionary power
of judging what measures nsedfu. In tie
exercise oil thai discretion, he judged this measure
TO be needlnI, and he adopted it. Now, for the
protection of the soldiers hy whom it was achev-
ed, II IS precisely if the colonial authorities had
directly and in terms planned and. commanded it.
Coi. McNab Tor this purpose concuslvey repre-
scented them. How could a common soldier pro-
nounco or conjecture that the judgment OF the of
| hcal representative was erroneous Sir, he had
the right aud was bound'to assume it 10 he the
Judgment of the colonial authorities. And who
were they Why as between them and Mcleod,
ana Tor the purposes Of this question of individu
! al immunity rs between Mcleod and ourselves,
they were his rghluI aud only Government
Nice questions may be moved on the competency
| OF colonial Government gom'iis subordinate
ialions to the imperial head, to set on foot an en-
tcprisc of war. But it is every where conceded
That such Government may undertake defensive
war. The mother country, by the act OF esta,-
i'shinS II, clothes it with the power and imposes
on It the duty Of defending itself anl i, clothes
II also with the power of Judging for itself in the
first instance how that duty shall be done. When,
therefore, II resolves HAT particular measure Of
war is necessary for It's defence, and thai tie crisis
requires Il blow TO he struck AT onoe and without
waiting for advice from the paramount power at
home, il may call the whole colonial population
arms by day night, and obedience to such
cell Is asrightiu AS unavoidable, aud as effective
for individual immunity MS the obedience of
conscript or mn impressed seaman. Such was
this case. Was Mcleod to say that the colonial
HIM, tics a IL.
| ~! They told him the defence of The territory
aud of the Constitution of Upper Canada requr-
| ed this act. Did lie know better? Did he con-
| mand wider horizon of view? Gould he be
sure he Ind all the elements of a sounder opin-
ION! Consider that to the colonial residents the
colonial Government is every thing. IL is Gli of
majesty, of monarchy, OF aristocracy ihat he ever
sees in his life To that all his duties appear 10
be owing and consider, too, that the spirit of til is
grand principle Of individual responsibility is,
TINT bona fde obedience to his actual and lawful
Government on requisItion of warlikc service,
shall never be reckoned n crime in any man.
You have before you, then, the case of Gov
eminent commanding subject, who was bound to
obey, 10 shoulder his m,,skel for the defence Of
his country. Ii is true, the Senator from Penn
sylyania tells us, that Mcleod was volunteer.
but he deduces no legal conclusion from the fact !
undoubtedly because he remembers that, by the
admitted doctrine of International law, distnc-
nph IS recognised between volunteer ana any 9TH
er soldiers. lie will remember that Vauel, NJ page
40l, is direct authority for this. In the OF
the case there can be no distinction. The regu-
larry enlisted soldier engages voluntarily, nj first,
for longer term and for all service; lha voun-
teer engages for a shorter term and for II specinl
service. But both alike go forth to execute an au
thoriiavc public will and both stand, therefore,
on the same plane Of immunity and hazard Con-
slider, sir what great concern of all nations ii is
and OF ours more than all others 10 hold rule of
international law on this subject that SHAH max
their Inhabitants willing and ready to leap TO arms
at half n moments warning, ut The midnight cry
of their country
You have, then, repeat, the case OF Govern
ment commanding subject 10 60 forth 10 an en-
terprise of war. Why rs ne not, then, within the
terms and spirit Of The great principle of immnni-
which nil nntee lrrhnula The snllier of u