Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-18

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the vessel was "piratical," ond the citizens murder
cd were outlaws-then there is not an Englishman
whose heart would not beat high TO avenge the
wrong, and vndIcate the rights of his country
The law there is the law here And there is no inter.
national law consistent with the separate indepen.
denee OF nations, that sanctions the pursuits of even
pirates TO murder and arson over the soil and ia.
Ilsdieton OF one OF the States of this Confederacy
NO greater wrong can be done a country than IN
vasion OF soil. If II can be done with impunity n,
one point, and on occasion, il can be done nj
another, and the nation that submits To IL, finally
SINKS down into dwelling imbecility. IL repre-.
sentatlon OF the state OF things at SchoSser and the
conduct Of those who had control OF the Caroline,
hac hrst been made TO the proper authorities of N
York, or OF the United States then there would
have been some show at least OF respect for our so.
neregn'y and independence, and disposition to
treat US as an equal But in this case as il to treat
our authorities with contempt, there no preli-
minary demand nor representation made.
IL was hoped that the outrage was perpetrated by
a party IN sudden heat and excitement upon their
own responsibility. But the British Minister now
avows that the act was the public act of persons
ooeylng the constituted authorities OF Her Males
tvs Province" and again affrms that cit was A
puonc Set@ personsln Her Majesty's service, obey
ing the orders OF their superior authorities"
II this had been the first and only point of col.
sion with Great Britain, it might not have excited
sueh intetest-out there Is an assumption in most
OF our intercourse with that great power, revolving
10 The pride and spirit OF independence in a free
people. Ii II be her desire TO preserve peace her
true policy would De TO do Justice, and show that
courtesy TO equals which she has always demanded
from others. The committee do not desire to press
views on this part Of the subject, parteularly as
demand has been made by our Government unon
the Government OF Great Britain for explanation As
TO the outrage committed, the answ er to which il is
! hoped will prove satisfactory.
As 10 the other points presented in the demand
made by the British Minister for the liberation Of
Alexander Mcleod, the committee believe the facts
of the TO be- that the steamboat was seized ana
burnt as stated before, and that citizen or citizens
OF New York were murdered in the affray And
there were reasons TO induce a belief that Mel cod
was partieepS eriHiHis. He was at FIRST arrested
and upon various testimony being taken, was then
discharged he was afterwards arrested a second
TIME. Upon the evidence then presented, he was
imprisoned 10 await his trial. There was no inya-
sion OF Brush territory to seize or take him Bu
: upon his being voluntarily within our territory he
was arrested as any citizen Of The United States
charged with similar offence, might have BEEN
We know of no law Of nations that would exemnt ,
man from arrest and imprisonment for offences
charged TO be committed against the 'speace and
dignity" of State, because he is subject of Crr,
BRIAN, or because he committed the crime ut the
nsuSation or under the authority ofBriiish Provin.
ca othcelS; much less do We know of any law that
would Justify the President TO deliver him nm with
out trial, At the demand and upon the assertion as
10 facts ot any agent OF the Brush Government nj
we mad been at open with Great Britain and
Mcleod had committed the offences CHARGED than
he might have fallen under the rs and rrSnI,,;o
OF war, and been treated as soaer of the JTnt.d
States Government, and would have been subject
TO the laws OF nations IN war. Butas the alledged
criminal acts IN which Mcleod is charged TO be inn,
pcated, were committed in profound PEACE. II is
crime, far as he may be concerned solely as,;p.,
the peace and dignity" OF the State of New York
and her criminal jurisdiction is complete and eXel,
siVe II the crimes committed be such as 10 make
man hosts hHRlani gnUS-an outlaw-a nitrate in
The legal aecep'auon of the term, then. under the
law OF nations, the United States courts and trim,
mails would have jurisdiction. But the Offence
charged IN this case committed it was in time Of
peace as lar as THIS individual was concerned was
one purely against the Ter loci and coming excIu.
svely within the criminal jurisdiction of the trihu
mails OF New York.
The Minister, in his letter OF the 18th OF Dseem.
Der 1910, says: at is quite notorious that MIR
| Mcleod was not ore OF the party engaged N ,bs
destruction of the steamboat Caroline. and ,b., ,he
pretended charge upon which he has been irnris-
oned rests only upon the perured testimony of GER
tain Canadians, outlaws and their abettorsr sc
MS may perchanee all be so; but it would be ask
ing great deal TO require American court TO
| yield Jurisdiction, and surrender I'D a nrisoner
| charged with offences against the law, upon the
mere iPSe Dirt OF any man, no matter how high in
authority. Whether Mcleod be guilty or not guil.
~, IS the very point upon which an American iurv
alone have right TO decide Jurisdiction IN stat,
tribunals 0usr criminal cases and hiaI bu a jarv Of
me pehhe, are essential points in American ilris.
prudence And 1t IS total Misrepresentation as TO
'e "a'u'e VI ouT system, 10 suppose that there is
any right IN the Federal Executive TO arrest the
verdict OF the one, thwart the Jurisdiction OF Inc
other. If such power existed, and were eyer
! e!sed, It would ehectuay overthrow and upon
dence of these States
| The Federal Executive nigh. be clothed with
power TO deliver up iugives from Justice for often
ces committed against foreign State but ever, then
II might not be obligatory do So unless IL were
maze matter oil treaty stipulation. This duty and
hoe, oil. L
/ as dormant, until made binding by treaty arr,nss
ment But when the matter is reversed. and de-
mand IS made, not Of fUgitives from Justice for Of
fences committed against foreign power, but for
the Liberation of q man charged with Offences 4,
gainst the peace and dignity Of one Of our o,vn |
states, then 10, that the demand becomes prepos
ferrous IN the extreme. The fact that the offences
were committed under the sanction of provinri,l
authorities does not alter the clse unless we were
/ ~ state OF war. In such Clses as the nresspt
the power TO deliver up could not be cooCeT,ed mn
on the Federal Executive by treaty Stipulation II
could only be conferred in those cases over ,ybicL
jurisdiction IS clearly delegated by the Federal Con-
stltuuon Such, for instance, rs treason which il
an offence against the conJoined sovereignty Of The
States, as defined ~ the Constitution OyeT all "a.
ses except those defined IN the Constitution and
those coming clearly under the laws Of nations The
states have exclusive jurisdiction and the nd
punishment Tor offences against them are inrjH.n,
10 lhelr separate sovereignty IL is not pretended
IN TINS case that there IS any treaty stipulation un
ger winch the demand Is made; and the Federal Ex
ecutVe, under our system. has no power but whit
Is conferred by the Constitution or by special Ivy
o. congress. Inihe former it IS declared that "the
/ Executive COVER - vested in a President Of tic
United states and that power is then TO he point
I go out ana dthned by specisl laws passed from
tine 70 time, imposing such duties as are tbou,b,
proper and oNpedlent by Congress
} our committee deem II dangerous Tor the Eve.
euiiVe TO exercise any power over subest.nnatier
not conferred by treaty or by law; and TO exercise
u IN any case m conflict with State iurisdietion
! patton. ~ u'u'
bu' your committee iorbear TO press these points
further at present, and they would not have sad a
nucn on such clear questions Of international a,y
nuI mat IN this case, the demand fgr Liberation Ina
Deen made by the accfedited agent 6f great pouer
anI under circumstances Of peculiar aggraya,io6
| and excitement.
we have other points Of difference with C,o,,
britain, which add interest to every question tb,,
| arises between us ai present Nelther our Moth
eastern nor Northwestern boundaries are VET ,e,t.d
VIII heri and the subject is not entirely free nom
dimculty. She has recently seized our vessels and
exercised power involving the right Of search On.
Ger NE pfetexi Of sgppfessing the foreign sl,vc
trade, which, Il preserved IN, will syeep ont COR,
meTce from The coast Of Airce and which is ,rcoo,
pataO'e with our rights as mirtine power a..
/ mas rec nty, ~ her intercourse with rs ,.C,.,d
/ Indemnify and denied our rights 10 pr,pe,tv y, -
suDJect matter vital 70 nooT one half the States ~
thN C0nltdoracy, and which, considerioc her nil.
ltary position az Bermuda and her g,o,,,,., -.
m the West Indies, ig u the last INN, t,,T. a. 90