Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-23
POLITICS..
From fis p,aRsy'rIaida. jay II
THE N,I ran CASE

THE Mcleod CASE.
The decision 81 the Supreme Court Of Tie State OF
New York has been pronounced upon this case. 1t IS
nHaniinous decision, expressing the OPINIONS oi all
the Judges, and delivered by Judge Cowan, who is
himself insy ranked among the abcst lawyers ol the
Il : The tribunal is which, IN Judicial authority,
has IN uncon:estcd weight scarcely inferior 10 the ou
pr.mc Court NJ Washington. With proper sense OF
the deep importance Of the subject submitted 10 II, the
brcaLcst and fullest examination oil tue question has
been made II has not been decided npon any technical
GROUND, no point has been shrunk from or evaGcd.-
We have .ow the deliberate, impartial unbiased deer
sion Of judicial tribunal that no mpugn, upon
this solemn pont al international law, regard 10
which tie administration Of Mr. Van Buren, EXPIRE sSed
and acted upon opinion, and the present a!m'ns-
iration under tie anSplccsnl iir Webster acted Upon
ancther-;he former sccrned aud repuda;cd tie ~
sul,ius doctrines asserted nv the British Government.
Oh the ground that while they were dcrogaiory I" our
national character they were also contrary To Inc sound
est principles Of municipal and national law the i'tr!,
tho present Secretary Of State, scarcely warm III his
seat LAID his countrys honor at the feet Of England,
and declared in communication made to and approved
hy The Attorney. General Of the l. ; his colleague IN
Office ar CTtcndrn, that he was directed to say II
the indictment against Mcleod "wcre pending None
Of the Courts Of the L. $. the President nPCa tic
rant of iir Far Inst communications rontd harc nme-
diaielu directed nciic yroscqm 10 be entrfd Upon
these two opinions the Supreme Court Of New York
has passed, and II has un,Guvocally pronounced that
OF Mr. Webster and Mr. Crlttenden TO be wrong-to
be wrong in point Of law-wrong according 10 the de-
clsions OF writers the law onallons-wrong accord
nG tn The decisions oil American courts-aye. wrong
cordn,r 10 The settled law Of England herself.
That suci would he the Judgment 81 any wise and
fearless. court have heretofore confidently predict
ed We never Tor a moment doubted that Il would
be
AnI now w:c a.k in what a position does this deci-
SION plac,. Mr. W,bser and Mr.. Criitcnden-tlic Sc
crr:ary of State aud tIe Attorney General, who would
have iamcly sacrificed the hona and Independence Of
their country lie imPernus demands Of the BrtIsl
Government without any warrant whatever under that
Law which, in their high places Of executive trust, they
were appointed and called upon 10 uphold 1t was bad
cnonrh 10 overlook the insulting threat OF Mr. Fox,
without one word Of censure or reply-lt was bad
enough TO send the Attorney-Generai oi The v ,, a
member Of The Presidents cabinet council, post haste
10 New York Ike some common runner ci Il police
office 10 do The bidding or sooile the :;Gpuet anger
Of the British penipoteniiary- things, which for
tunacy have precedent III our history, and sc tr-t
for III. honor o. the American name viii never BE- CO.
pied were bad enough bat what they in cc'npaFi-
son with that ignorance or sGbscrvency winch repu-
d,als The sound doctrines Of international !aw adopted
by previous administration and marks the outset 81
lis political by announcing as law, principles III
national conduc. which are pronounced by lEc fst
judicial tribunal that examines them 10 be totally I'M
sound,
As Mr. lnrersoll said, this "coup d6Ssai OF the Pre-
mier il wrccicd mistake II is but another il'nstra
ton Of Mr. Websiers tendency 10 be against his own
country In England. aye, III almost any other rec ma.
ton and perhaps even here III any hands but those OF
The great Wing party, Just and active PATRIOTISM
would make Inn answer for hs conduct by Impeach-
ment Strange but pregnant fact that dispassonac
and tame judiciary should take l"cr attitude N pro.
Of sacred rights and sovereignty, than the
.seodiLe constitutional orator officially sworn 70 nam
tain them al all hazards. The people oi the Y ) have
now a solemn Judgment entered hy Of the highest
and Enlightened Of their tribunals against Tie sub
serg,rnt and degrading doctrines OF Mr. Webster and
The Wings Reverse II. If he can Let hun Try his
vauntcd writ Of error the Supreme Court IT W ash.
lngton: lei both h,in and his missionary, the Attorney
General prepare their briefs 10 back the British Minis
ter thank God, have something more substantial to
rely upon than the learning and patriotism ola Wing
Cabinet, headed rs politician of the Hartford Conven
ton school! We defy HIM 10 find any where among
the independent, judiciary OF America, single con5i
that VIII sustain him III abandoning The rights OF the
country at the menace Of diplomatic agent,
In the able and elaborate decision OF Judge Cowan.
The pretcnsicns Of England that she has right, BY
avowng hts act, 10 withdraw Mcleod from the jars.
dcton of the Court OF New York, treated with grea;
;orbearance, is repealed Is host Of quotations from
her own le-. writers. and Is finally made by cogen;
reasoning obviously uniehab. and absurd, that one
scarcely Irprrss Of shame that II eyer
should haze received the slightest countenance. The
unavoidable length the decision prevents reprint
ing al present; but cannot refrain from extracting
the following passages We wish II To be read b. all
country men. II spreads out the platform which
take an immovable position in this controversy
with Grea, Britain. ], proves incontestaby that Mr..
Van Buren,, Sr. Forsyth and the American Democracy
have been and stili are RIGHT and that the British
Government, Mr.. Fox, Mr.. Webster hr. Clay, Mr.
Cushing, It ii ceaus mhi.orula, are utterly and
indeirnsiby WRONG. Thrice is he armed who hath
his quarrel just
England, then, could legally imparl protection to
her subjects congresa;ed IN the destruction Of The Ca
rone, either IS party to any war, TO any act of public
ItrIt ~, dina
her servants INTO territory at peace That her act
was one of mere arbitrary usurpa,ion not denied
the argument; nor has this, tina, am aware, been
denied By any one except England herself. should