, 1841-07-03

- ~ Ptotectioh. Wnat happened on
the night Of the 29rh of December, 1897,
Colonel Allen McNab. a name famous in sto.
y, was IN command Of the body Of militia
It chippewa. Under his ausp ces, a Captain
Drew, OF the British navy, who, l believe,
1as since been pensioned for his gallant ex.
ploit, undertook 10 raise a BODY of soluu.
teers, and, by way of ctaracterizinz the ma.
rure Of the service they we're to perform, de!
clared that he wanted aity or .ixty cespe.
rate fellows, who would be ready 10 follow
him to the devil. Under me authority of this
Colonel McNab, now SIR Allan McNab. Nor
understand he has sinco been knichted by
Queen Victoria.) this body of men with Cap.
tam Drew at their head. passed down the
Niagara river at the dead hour Of midnight.
without previous notice. and while the pep
pie on board of the Caroline lay reposrng un-
der the protection Of American laws, and
made an attack on unarmed men, who were
private citizens, not connected in any wav
With the resistance To British authority. and
murdered at least one of their number with
in the American territory. These harbari.
ans, regardless Of The lives of those who
may have remained on board. unmoored the
boai, tnwed her out into the middle of the
river. where a swift and irresistible current
s." n hurried her down the falls of Niagara,
and to this hour it is not known how many
American c.; gems persisted on that fatal
night. This is no fancy picture.
Now. as To the principle of the law of ma
si"ns which applies 10 such a case, that pure
pat'iot and eminent %juri>t. John Marshall,
has expressed 1t with great force and clear
ness. lie says that
"The juri.dretinn Of a nation. within its own
terr;tnry. l.. exclusive aud absolute. II i, su.ccpti-
HE of no limitation not imposed by itself. ANY re.
sthc',on, deriving validity from an external source.
w"uli imply n ,i.minutina Of its sovereignty To the
extent Of that restriction, and al Investment Of that
sovereignty 10 the same extent ia that power which
could impo-e such restriction ~ Crsnch, ZIG.
And again:
'Erery nation has exclusive jurisdiction over the
waters adjacent To its shores, 10 tie distance Of n
cannon shot, or INA riuc lea e."-lGalIis. e.. &. Il.
G.,
According 10 the settled law of nations, il
the Caroline had been Il vessel of war, on
The high seas, belonging t, the insurgents.
and alter an engagement with 4 British ves-
had been pursued within 4 marine league
of Ii American shore, our national sovereign.
ty, as Il neutral power, would Immediately |
In re covered her, and n hostile gun could
have been fired against her without nf-
Us grounds for just complaint. II,
for example, the British and French nations
had been at open war, and a French vessel,
in flying before British pursuit, should have
been driven within n marine league of the
American coast. all further acts of hostility
her must have Instantly ceased, or
as the neutral power, would have been
wounded in the most sensitive point namely,
that of our sovereignty.
! shall not here argue 10 prove that in this
ease there las heen a gross violation Of our
sovereignty. because on that point
n gentleman, ] am sure does or can enter
II doubt. That being clear. The Amer
can Government nj once demonstrated IN
strong and lurrihle, and even eloquent terms.
through our Minister abroad. The letter of
Stevenson nn tliat occasion. dues him
great honor, indeed. Repeated attempts
we're made 10 induce The British Govern
nent To answer this remonstrance, but all in
ain. II is true that it has been stated in
h. British House Of Commons by one Of
he British ministers, tina! the American Gov
had finally gwen up the question,
nd did not infrId 10 insist upon an answer.
The preience for making this statement has {;
most probably arisen from a custom TOO COM
non among US of publishing diplomatic cor.
espondence. Wills, The n. gntiation to which {,
/ relates is still pendin.. Mr.. Stevenson, s
his letter to Mr.. Forsyth of the Cd July, 7
$50, employs this language: L
-. regret TO say that no answer has yet been Civ q
n 20 my us e ia the Gaze of the Caroline. have !
at de, nred it proper under the circumstances, 10 n
rr,s tie sui Ct without fuhb'r iEstructIons from +,
our Drparimfut. n il is The with of tie Gnyrn- ,
that ! .h"uld do So. ] pray To be Informed Of .
/. aud the drg,se Of urgency that ] I'm to adopt" .
To which Mr.. F"rsyih replies under date a
# September II, 1899, MS follows: q
.. With refereLe e to the closing paragraph Of your n
communication ioihe Department. dated I'd Of Ju- ]
v lat, il Is rrorrIt TO rGfo'm you that no Instructions I,
re at present aqtnd for again bringing f,rws,d the :.
,us,tioo Of the 4 ariinr.' Ihare had Errqntnf ron "
~,r,aions Nth Mr. iI in regard to this suJ.of one n
+ ,rry nr,nf DATE; I'D from iG fonr, The Prsident u
rp,ef, The Briiish tsrtrnm'nf riH ansrrr sonr up. ii
in the case, sgtout murh JurDter delay" n
The Senate " IlliIus perceive that there IL
s no foundation inihis Corresponds nee for o.
he pre,ext that the American Government Ia
- the r,,-,t .c a.. .-.