The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-02-26
MIR. PICKENs' REPORT.


MIR. PICKENs' REPORT.
Mr. Picheas, from The Commitiee on Foreign .q-
fairs, mate the .foIlowiag report, phich ,cas
orderel to be priatcd:
The Committee on Foreign Affairs, to whom
was referred the Message of the President, trans
hitting correspondence with the British Minister
in relation TO the burning of the steamboat Caro-
line, and the demand made for the liberation Of
Mr. Alexander Mcleod, respectfully report;
1t appears that the steamboat "CaroIine" was
seized and destroyed in the month Of Dccemhcr
1887, The committee are induced To believe that
the facts of the case are as follows: The boat was
owned by, and in possession Of n citizen of New
York. She was cleared from the city Of Bul'o,
and on the morning Of the 18th of December, 1887,
she left the port of Buffalo, bound for Schlosscr,
upon the American side Of the Niagara river, and
within the territory Of the United States, The
original intention seemed to be, to run the boat
between Buffalo and Schlosscr or, perhaps, from
Black Rock dam to Srhosser, and, should it seem
profitable, it was intended TO run her also TO Navy
Island, and touch at Grand Island and Tonuwanda,
Her owner was Mr. Wells, said To be Il respectable
citizen of Buffalo, and it il obvious his intention
OF putting mp the boat, was one of speculation and
profit entirely. The excitement ypon thut portion
of the frontier, at this period, pd collected great
many in the ncghborhood- from curiosity
some from idcness--atid others from taking an in
tGrcst in the unusual and extraordinary collection
OF adventurous men gathered together at that time
Oh Navy Island. Navy Island WAS "nonnlly"
in the British "terrorv."
The owner of the Caroline took advantage of
these circumstances to make some money with his
boat, by running her, as ferry boat over to Navy
Island. All these facts appear from testimony
regularly taken, (sec H. II, Doc. No. 302, pages
46 and 80, I'd Session, 2jth Congress- and the
committee know of no legal evidence to contradict
them. There is no proof that uny arms or muni-
tons Of war were caFtiod in the boat, except per-
haps, one small six-pounder field piece belonging
to passenger. Thu principal object was TO run
the boat as n ferry boat from Schos'cr, os the
American side, to Navy Island, on the British side.
II Is believed that, even in war, a neutral power
has the right to trade in contraband articles sub
jrct Of course to seizure and conisrn',d, il taken
within the jurisdiction of the cunlCndng plrcs-
What is conraband Of war is not always certain.
Treaty sipulatiOns frequently include some articles
and exclude others recognised in the law Of nations,
Trading in contraband articles is no excuse for in
.yading the territory aud soil Of neutral aud indie
pendent power, whose private citizens may choose
10 run the hazards of such trade,
In this instance there were no two foreign pow
crs engaged in war; but all concerned in the out
break or excitement within the British jurisdiction,
chimed 10 be British subj in resistance Of the
authorities Of Canada. province of ., British
empire, Even admitting, then, thu III, Caroline
was engaged in cOnraband trade, vet il was with
citizens VINO claimed TO be subjects Of the same
empire with those who were STYLED the legitimate
officers of the Province. hhsiructly ,penkug, how
was private citizen to decide who were right aud
who wrong in these local disputes; And which
marian pf ciiizon, If tho
citizens refuse 10 have any communication with!
But the boat was merely used for one day as n
ferry boat; and on the night Of the day sile COM
mcnred running, she seized while moercd at
the wharf in SchosScr, and burnt Several men
were asSassinatgd; certainly Que, who fell dead
upon the dock. Now The insinunton Of the British
Minister, that Srhlosscr was ''nomins,lyi within
the territory Of the United States, may well b. re-
tortcd, as we can wi h equal truth say that Navy
Island was ''nominay'' within he ''tcrriory'' of
the British Governments; for al the period 10 which
we ande, the people collected there had as cIlec-
tually deied Canada authorities as amy portion Of
our people had disregardcd ours. Yet British an
thoriy thought proper 10 pass by Navy Island,
then lis "nonnal' territory, and in tho pentitude
Of liz power to cast the wgs Of British Jurisdiction
over American soil. Thi, was truly extending over
us that kind guardianship which they had not the
ability at that time to extend to a portion of their
own territory, and which recommends itself to rs,
full as much from its assumption as from its love
Of right or law
lac Brush Minister is pleased also to call the
Caroline "piratical steamboat" The loose rpi-
thets OF any one no matter how high in place, cin-
noi make that piracy which the law of nations does
not recognize as such. Pirates are ircebotprs
enemies of the human race; and eminent iur;,s
describe them ~ rdyagng every sen and coast with
no llng aud no home. Piracy comes under the
concurrent jurisdiction of all nations Even in the
worst point of view that II can be considered tbo.a
connected with the steamboat Caroline were lint
aiderS and abettors of Others engaged in rebelop.
And the committee are totally at a loss 10 lnov;
upon what authority rebellion is recognised as nj
rary. Such confounding ofterns is resting the case
upon eplthets, instead of sound law or facts Blu,
even surprising il 10 he ''piralicaI boat" as the
Minister asserts it TO he: yet the moment il touched
our soil it fell under our sovereignty, and no bower
on earth could rightfully invade il.
There is no doctrine more conspcratcd in F,,-
lish history, than that every human heinz ,yLo
touches the soil Of Great Britain. j, imn,rdi,,aIv
covered ny BRUSH law. Suppose one of her yes.
sells were cut from the banks of the Thamos and
burnt by Ffenchmen, and British ciliz,rs ,vor, no.
sassinated at night and the French Minister ,yoro
to avow that they acted under the orders If b;s
Government, and thai the vessel was 'spiraticol ;,
and the citizens murdered we've ou,ln,ys,l,
there - not an Engshman whose heart would no,
Deht hgn TO avenge the wrong, and yindicnre The
rights OF his country. The law there is the law
mere. md there IL no international law consistent,
win The separate Independence Of nations. tina,