The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-09


rltory, resulting In the destruction Of the Caro-
| line and the killing Of Durlee had the same
been ordefedby the British Government, would
have protected the military engaged ia il from
personal liability. We now MAINTAIN that the
subsequent approval Of the attack, especially
under the circumstances Of the original order
| and the situation of the mother country in r.
lation TO her colony, and Of Canada in relation
TO our border, furnishes equal impunity and pro-
lection TO all concerned in il.
The authorities quoted by Judge CowEN on
this head, as we have already shown, do not IN the
slightest degree impugn the correctness Of. this
position; whilst the authorities we shall now
produce will fortify and fully sustain il.
/ Buriimaqui, pt A, Oh. 3, Sec l6-"A mere pre-
| sumption Of the will Of the sovereign would not be
sufficient 10 excuse Governor any other officer
who should uDde take war, except in OF neces-
atty, without either general particular order. For
il Is not Sufficient 10 know what part the reign
would probably act IL he consulted ia such par
ticular posture Of affairs but il should rather be
sidered in general what is probable prince would
desre should be done, without consulting him, when
the matter will bear delay and the affair rs dubi-
GUS" staf
Now certainly sovereigns will never consent
that their ministers should, whenever they think
proper, undertake without their order thing Of
such importance an offensive war, which is
the proper subject Of the present inquiry.
Sec, 49," 10 these circumstances, whatever part
the sovereign would have thought properto if he
had been consulted and whatever success the
undertaken without his order may have had il is left
70 the sovereign, inhefher he toiH ratfy condemn
ne acf 81 has ministers " he rafiy IT. This approba-
fion renders the solemn, by refeeting back IL
,cere authority upon IL that II obIiges the whole
commonwealth But ifihe sovereign should condemn
the act of the Governor, he hositties committed BY
TIE latter orght 10 pass for sort Of robbery the fault
OF which bV he TAFT ded he
Governor is delivered up and punished according TO
the law OF the country, and pepper satisfaction be
made for the damages sustained"
8 Peters, 552.-Story, speaking Of the seiz-
ure OF an American vessel and cargo BY Spa
nish vessel, says:
II she had q commission under the royal authority
Of Spain, she was beyond question entitled 10 make
The seizure. If she had no such authority then she
must be treated as a commissioned cruiser, emit
tied to seize for the benefit Of the crown nhose act II
adopted and acknowledged BY the cro,cn, or lis compe
tent authorities become equally binding. Nothing is
better settled both in England and America than the
doctrine that non-commissioned cruiser may seize
for the benefit of the Government; and il his acts
are adopted by the Government the property, when
condemned, becomes droit of the Government"
Upon these authorities, and for the reasons
before stated, we have come TO the conclusion.
that the appreciation OF the attack by the Br-
tlsh Government has removed all doubt about
the sufficiency OF the original authority OF the
Canadian officers
We have thus far discussed this matter, as if
the question, as to the relation in which the
United States Government stands to the British
Government, in the matter of this attack was
an open one-one in which the judiciary Of the
country is at liberty to decide by direct appli-
cation Of the principles Of the law Of nations TO
the facts as they might be established by proof;
and in this view OF the matter, we feel conf
dent Of having established, by the facts and
the taao, that the attack upon the Caroline was
made upon sufficient authority from the British
Government; or, if the authority was in any
respect equiyoca, that has been ratified by the
British Government, SO as TO require OF the ju-
dietary Of the country, upon the facts and the
Ian, judgment establishing the perfect impu-
nifty OF the military engaged in the expedition.
We now propose TO show that the character
OF the expedition against the Caroline, and the
relation in which the two countries stand in re-
ference to il, has been settled and decided by
| our Government to be that Of "ldwtui nar'' Of
the z imperfect sort ]" and that courts Of JUS
iicee are not at liberty 10 pronounce different
judgment from that pronounced by the Govern
ment Of the country
Has our Government determined the relation
IN which the two countries stand to each other
In reference to the impunity 10 which Mcleod
is entitled, as being one of this military exped-
ton
In May, 1888, shortly after the destruction OF
the Caroline, in communication to the British
Government, our Minister, Mr. Stevenson, cha.
racterZed the attack g an invasion OF the ter
ritory and sovereignty of an independent nation
by an armed force of friendly Power and
Mr.. Webster, Secretary of State, in his letter
to Mr.. Fox Of the Oath April, lS41, says: 'thc
Government of the United States has not
changed the opinion which il has heretofore ex-
pressed TO her Majesty's Government, of the
character Of the act of DESTROYING the Caro-
line"
Can language be better adapted to define
the first act of war by one nation upon another,
where there has been no previous declaration of
war, than that employed by Mr.. Stevenson to
characterize this acttack by Great Britain
So long ago, then, as May, 1888, the Execu-
tive Department Of our Government determined
that the attack upon the Caroline was an act
Of war, and so far as that act of hostility was
concerned, placed the British Government in
that relation 10 our own.
Ia the letter of Mr.. Webster, before referred
to, he recites the ground upon which the Bri-
tish Government place the hostile attack, so far
as the military engaged in it are concerned,
and the assent Of our Government TO this same
rien Of the matter
MIR. Webster in his letter SAYS:
"The President nclines to take it for granted tha,
the main purpose of the instruction was it to
be signfed to the Government of the United States
that the attack the steamboat Caroline was an
act Of public force, done by the British Colonial au
thortes, and fully recognized by the Queen Govern
ment at home; and that, consequently, no individual
concerned in that transaction can according the
just principle of the laws Of nations be held person
ally answerable in the ordinary courts of law for
private offence; and that upon this avowaI of her
Majestys Government, Alexander Mcleod now im-
Pr'aoned ON indictment for MURDER alleged have
been committed in that attack ought be released
oy such proceedings as are usual and suitable
the case"
After this recital Of the position in which the