Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-21

an authority directly and expressly sustaining IN
position Let US again read the passage which Il
: gentleman cited from that author, b. II, c. G. -
Il and IS. IL consists OF two sections The FIRST is
II the following words;
: "But il a nation its chief approves aud ra,ii,
the act OF the individual, il then becomes a publ
concern; and the injured party is to consider III
nation rs the real author of the injury Of which m
: citizen was, perhaps, only the instrument"
III Now, this describes identcally the case of NJ,
Leod, IN reference to the burning and destructio
OF the Caroline. That act has been approved an
ratified by the British Government, and, conse
qnenty, IN the words OF Va,tel, It "then become
: a public question" between nation and nation, Il
which the Government Of the individual is the rea
and only responsible party. But the honorable Sc
, nator passed lightly over this section, and dwell
with particular emphasis on the 75:h section which
I Immediately follows and is in these words:
"If the offended State has in her power the indi
viduol who has done the injury, she may, wiIhou
serupe, bring HIM TO justice and punish him. lfh,
has escaped and returned 10 his own country, sh,
ought to apply to his Sovereign TO have Justice don,
in the case"
The Senator from Pennsylvania read this section
rs IL 1t applied TO the same case supposed in III,
preceding section, 70 wit, where the act has been
approved and ratified by the Sovereign. But i, is
perfectly evident from the last sentence of the sec
ton that does not; for II would lie idle and alb.
surd to apply to Sovereign to have Justice done
upon his subject, when he had already ratified and
approved the act OF that subject This section,
( therefore, must necessarily contemplate the case
where tie act of foreign subject has not been an
proved and ratified by his Sovereign, and afirms
the principle that, IN such case the offended State
may, by virtue of her jurisdiction all persons
within her territory, punish the offending individual
though foreigner, 1t she have him in her power
IL does not contradict in any degree, the principle
laid down IN the preceding section, that where the
act las been approved and ratified by the Sovereign
he is responsible for the injury, and the individual
is TO be regarded only rs the instrument. IL is an
U IN UaF 10 mt -
an apparent conflict between parts of the same au-
thorIiy or law, such construction shall be made
II possible, as will give effect 10 both. The Obvious
explanation given above OF these two sections VI
Nauel satisfies this rule, as well as the plain i'm.
port of the text.
The Senator from Pcnnsy lvani put case which
he seemed TO suppose would fairly test the principle
OF International law Involved in this discussion He
asked II Col McNab should, under the orders OF
the Colonial authorities OF Canada, seize and rob
the mail OF the United States could he set I'D his or
ders as bar 10 prosecution for such IN offence in
the American courtsl The case put has no; the re-
modest analogy 10 the case Of Mcleod. Such
proceeding would he 4 common felony incapable
OF being sheltered under any plea OF military obs-
G!enee The duty OF amiitAry man can never lay
nm under the obligation OF becoming a highway
roober. The capture and destruction of the Caro-.
line, on the other hand, however unjustfable upon
any sound application OF the principles Of interna.
tonal law, is shown by all the correspondence and
documents relating to It TO have been a military and
nava operation governed by all the rules and dis
ciplne OF military service and Subordinaiion.
come now (sai AIR. r. to notice some OF those
topics OF party elimination which the honorable
! -nl:or from Pennsylvania, Notwithstanding his
usual Parliamentary courtesy, scattered with no
s,inisd hand IN the progress of his observations.
lie told Us OF some mysterious panic which seemed
10 have seized upon the minds OF men 10 regard 10
our relations with England, extending to Govern |
msnl anu People. The gentleman seemed TO insin- |
ua'e mat u was under the influence Of this panic
that the Attorney General as despatched with !
hery speed TO LOckpOrt, attended by gallant and !
distinguished genera. officer OF the Army, (Maior |
Genera. Scott to shield Mcleod from impending |
danger. In order 10 comp etc this fancy picture !
the honorable Senator, fOr the want ofother maer-
a. brought IN the precipiiate return Of the Med- |
terranean squadron the effect of this same panic
al w ashington! II the public Journals have not |
grossly iaisIned the facts connected with this affair
TIE re.urn OF the Mediterranean squadron was ow- |
ing 10 communications addressed directly TO It's COM
mander 10y the American Minister at London; and |
u there was any panic N the case, the gentleman /
must TX II elsewhere than at Washington. So far |
vas the Government from being privy % this move
ment, that the Brandywine, the avant-courier of |
the returning squadron, had sooner dropped her |
anchor within our waters, than she was Nern'v
and promptly ordered back 10 her station
MIR. K. said he did not exactly apprehend for |
what purpose the Senator from Pennsylvania had |
alluded TO the mission of Major General Scott to |
the frontier, in company with the Attorney Gener-
1
10 protect Mcleod from the anticipated violence OF
popular excitement.
tNr Buchanan promptly discIAimed any such |
aiiusiorl
Mr. RIVES.. l am happy to find myself mis-
taken IN what supposed 70 have been the meaning
OF the honorable Senator. IL gives me pleasure TO
inform him, from document now before me- "a let
ter OF Gov. Seward TO the Secretary OF War, dated
Ian March last) for what purpose this gallant de- |
fender of his country IN war and guardian of her !
I. q - SCI In fha T.,
an object stictYn accordance with his own noble
caiHns-to meet the possible contingency of an in.
yason Of portion of our terri Dry from the adioin.
Ing province Calling 10 which, must be permit
ted 10 say. that dls,lngIishe Officer already cover.
% with glory by his deeds in arms tas added new
ILLUSTRATION by his assduous and succe fol efforts
10 MAINTAIN the tranquility Of our frontiers and to
preserve from interruption, as yet, the peace Of two
great and kindred nations.
beg leave lslid Mr. r. to ask the Senator from
Pennsylvania in what proceedings OF the Govern
meni he finds the evidence of an unbecoming spirit
OF concession 70 the demands Of the BRUSH Govern.
ment The British Minister Sin the name of his
Government, formally demanded the immediate re-.
ease Of Alexander McLeod.n Was the demand
sraniedl No, sir; il was firmly refused. and tina,
refusal VIGOROUSLY placed on grounds Intimately
connected with the sanciity OF American institutions
Inc bnlsh Minister informed the Secretary of State
that her Mal-s'y's Government IS sol Op!nol that
the capture and destruction Of the Caroline was a
IlsthlJic employment Of force for the purpose oil
defending the BI.ish territory fon the uuprovoked
attack OF Il band OF British rebels and American pi
rates. who, having been permitted 10 arm and or
gan re themselves within the territory of the United
States had actually invaded and occupied a portion
OF The territory OF her Majesty" How was tins
mei by con;rovertin2 every point 10 the iustiici.
ton, Intervening, ln the course OF the reply new
lust and powerful defence OF the high moral cbarac-
ter Of our legislation and policy on the subject of
neutral Obligations, and "ho.dins up the minor 10
/ the British Government, rejecting the rpgravn.
tons and CnormHles Of the destruction Of the C1to.
line IA light and cO'ors vivid as 10 lead II is
/ hoped, TO reconsideration Of that act, reyolting
aIkc TO humanity and TO our national sensibiIty and
honor
| The honorable Senator complimented our r,ioi,.
l ter al Lonto1 tor tie able and eloquent man.
ner IN which he lad presented this subject 10 the
| British Government Far be d, from me 10 ,b,,e n
'J't or title" From the prses bestowed by the Sen
atgr upon this distinguished citizen ofmy own State
| but, without Gsptragcment to him surely | NAV
ask, when before has 50 powerful and graphic rIc-
ture Of that outrage, speaking 10 the moral and al
mosrto the bodily sense, been exhibited as IN the
following extract Of the reply Of the Secretary Of
Stl'e 10 Mr. Fo17
at must be shown that ndmonition or teuon.
STANCE 70 the persons on board the Caroline was
lmprnctic1his, or would have been unay,ilins. IL
must be shown that daylight could not be waited
i0i that there could be no attempt at discrimination
between the innocent ard the guilty; that IL would
not nave been enough 10 seize and detnin the yes.
sell but that there was a necessity present and
inevitable, for attacking Ter in the darkness Of the
night while mOOred TO the shore and while un,rm.
ed men were asleep On board, killfny t0mc ,pd