The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-19
CONGRESSIONAL.
THE CASE OF MCLEOD.
IN SENATE,

sage as relates to our foreign affairs to the Committee
} on Foreign Affairs, and Mr. BUCHANAN hsving con
cluded his remarks the subject as published in
Thursday paper
Mr.. RlVES rose in reply, and commenced by OBJ
serving that, as member Of the Committee Foreign
Relations, was fit and necessary that he sipuld offer
some remarks on the subject which had fpus been
urged on the notice Of the Senate Nothing could pre-
sent more striking exomple of the tendency of all
| subjects discussed in public bodies to assume
party character than the remarks of the Honorable Sc
nator from Pennsylvania, Mr.. Buchanan which had
Just been submitted to the Senate. The gentleman
had commenced by dsclaimer-most honestly utter.
ed, Mr. k. had no doubt-o the influence of any thing
IKE party feelings In what he should say; and yet he
had hardly entered upon the threshold of his Subject
when the habltual and unconscious bias of aparfv
| man, as the Senator frankly avowed himselfto,be
exhibited itself in manner too uneq 10 Ie mis-
| taken. r.
All who have had occasion to treat in our IsoisIa-
1--WE halls questions such that presented to the
notice of the Senate must have felt how difficult il
often IS to reconcile the impulses of an American sp
ri with the measure and reserve which might seen TO
De due to the natural susceptbilites of foreign Tow
ers In The view taken by the honorable gentleman
OF the aggravated Character OF the outrage perperaed
In the destruction of the Caroline" Mr. r. sad he
heartily concured The gentleman had not uttered
wofd IN IeProbaton OF that transaction to which his
heart and his judgment did not respond But tie yery
terms IN which the Senator denounced and chrracte
| Tpn a he
redressed by national means, and not TO be evenred
py 'stng the responsibilities of this public offence on
tue heau OF such an instrument as Alexander Me
Leod H. Indeed he were at all an actor in he scene
| as there Is every To believe he was MT
Mr. RivEs said he should endeavor in tie outset to
recall the discussion its true mers-to the ouestinn
OF International law which the Senator rom Penn
sylvana had adverted only in the close of his re-
marks lie should place in the foreground of the
argument because by it only can the conduct of the
Administration N he nla
impugned, be fairly tried and Judged He would not
go back to recaphulate the history of the
respecting the destruction OF the Caroline further than
TO show the new position which the question assumed
Immediately upon the accession of the present Aim-
nstration to power
4 ms unwarrantabe outrage, involving a violation
OF the national sovereignty territory as well
as me destruction of the lives and property of Amer
can citizens, was committed in December 1887 and
aroused general feeling of Indignation throughout
the Union Our minister at London under the in
stTuctons OF the Government here, addressed in
May, 1885, representation to the British Govern
ment on the subject 10 obtain \" disnrouai and dis
aPProrat OF the act, and also such redress the
ture ofthe case required" Notwithstanding The enor-
NIFTY OF the outrage painted in this very commnni-
cation OF our minister at London, drawn up in con
formity 10 instructions from Washington the late Ad-
minlsraton, the Senator's political friends, in whom
ne thinks there was rant Of energy prosecuting
the demand for redress actually slept over this national
INJURY from May, 1888, to March, iS4l, when they
went out of power And profound was their slum-
Der that, IN late debate in the House of Commons
the British Secretary of State for Colonial A fairs
Lord John Russel) stated that the COMPLAINT Of the
American Government was, for long period consi-
dered as dropped 1t is true that Mr. Stevenson who
could not but feel the awkward between the
ininiy 1856, ana patient acquiescence which fol-
lowed the long continued silence the British Govern
ment, did IN July 1889, write TO Mr.. Forsyth to
know if he should renew the subject with Lord Pal
merston, and if 50, the degree of urgency he should
adopt. To which Mr.. Forsyth replied no; :" the Pre-
sident expects, from the of Mr. Foxs CONVEX
sATIoN that the British Government will answer your
application in the case WITHOUT MUCH FURTHER DE-
lay" But, in point Of fact, answer was given by
the Brush Government down 10 the period OF the late
Administration exit from power.
All this while then, the destruction of the " Caro-
line stood unexplained and unduored hy the British
Government, and there nothing of conclusive
nature to determine, whether it to be viewed as
an authorized Of individual the public act Of
the British authorities. In this state Of things Me
Leod in November last, into the State of New
York, and having from his idle, and, is uni
versay believe false boasts, incurred the suspicion
of having been guilty and conspicuous actor IN the
destruction of the Caroline, he arrested and in
lic,ed upon a charge of murder and arson MIR Fox
the 18th of December demanded of the Government
ofthe United States the liberation of Mcleod the
ground that the destruction of the steamboat Caro-
line is well known to have been public act Of persons
in Her Majestys serrice obeyiug The order Of their
perior authorities The demand refused, be
cause the Government Of the United States had no
right to interfere with the Judicial tribunals of New
York, which had taken sognlzance of the case and
in regard to the declaration of Mr.. Fox Mr.. Forsyth
stated that iii the dest ructon of the Caroline
public of persons in Her Maestys service, obey
ing the order of their superior authorities the fact has
not been before communicated to the Government of
the u ned States by person authorized to make the
admission; and will BE- for the court which has la
ken cognzance of the offence with which Mcleod is
charged 10 decide upon its validity when legally esta
blished before it, Mr. Fox, recurring TO the same
subject in his letter TO MIR. Forsyth Of the 18th De
cember 1910 stated that he not authorized to
pronounce the decision Of Her Majesty's Government
upon the remonstrance which had been addressed
TO it by the United States against the act IN ques
ton.
Thus stood the question at the accession of the pre-
sent Administration. The destruction Of the Caroline
had not yet been dro,oed BY The British Government
as public and authorized act. But on the I'm oil
March eight days after the Inauguration of President
Harrison, Mr. Fox addressed letter 10 Mr. Webster
Secretary of State informing him that he then
instructedhy his Government TO state that the trans
action" (the destruction of the Caroline within the
territorial limits of the United States ION account OF
which Mcleod arrested, a transaction OF
public character planned and executed by persons du
ly empowered by Her Majestys colonial authorities
take any steps and 10 do ahy acts winch might ~
necessary for the defence OF Her Majesty territories,
and for the protection of Her Majesty subjects and,
consequently that those subjects of Her Majesty VINO
engaged in that transaction performing an
act Of public duty for which they cannot be
made personally and Individually answerable Y the
laws and tribunals OF any foreign country Upon
these grounds he instructed demand again from
| the Government of the United States the immediate
| release of Alexander Mcleod
This communication of the British minister gave
new aspect TO the subject, and presented oI the con
sideration OF the American cabinet grave question,
of the first importance in The intercourse and RESPONSE
billties of nations The destruction of the Caroline
for q supposed participation in which Mcleod had been
arrested and indicted in the courts of New York, was
nov avowed by the British Government to have been
nIllAlc military, Enrrn MANNED and pyrrutcu