The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-22

W upH ana lftAry business oil ue-
neral uutchery 10 service OF glory, IN which great
souls may engage without degradation and without
deterioration. These were the We in which the
principle was made part first Of die Ia of nations
anu every one OF them is motive eve il the most
expanded application in the light OF this better day
or II is one OF the brightest glories of civilization
DO not cause 1t TO be dimmed by penurious and
'uctanl Interpretation and application To do so
would be 10 mlsconceiye the direction in which the
world Is moving. do not know when shall
wholly cease but believe, trust that the world
comes nearer to that time ii will regard and
more every day as all enormous evil if necessary
eva, and Will desire TO relieve il and every
day by The offices of Christian and of chival for
beaTanco towards individual actors struck down dis
armed, and unreslstlng
Giving then, TO the law Of personal immunity that
enlarged effect which the time and the country de-
mand, let US attend to the special circumstances one
by one, which mark the Of Mcleod and see if
they do or do not leave him the protection which Is
thrown round the captive of open, regular war.
In The first place, observe that the expedition on
which he went out was an expedition of war. IL was
not petition rob the mail or TO rob hen roos
or TO throw an assassin spy into enemys camp,
Fby which happy analogles We have had ii illustrated
IL was an enterprise Of war undertaken under the
iron respons blliesf surrounded by the iron rights Of
it, exact legal denomination is Informal, in
solemn hostility Lea Us call things by their right
names, and hold England and hold ourselves up
tisently TO this view ofihe transaction. Look at it,,
There was iorcibe temporary occupation Of our ter
Iitory by armed foreign body acting in organza-
ton sent by foreign Government as Gov
eminent, not for plumber hut alleged grave
sure of state polcy-fr the alleged defence Of its
soil and its laws against revolutionary invaders
from without What sort Of act is that, sirl The
mover is Government; the inducement a high
% state the instruments and the effects such as
ordinarily do the work and mark the giant tread of
war Armed men violently assa a vessel moored on
our waters, wDed by our citizens reposng we al
lege beneath the protection not forfeited, Of the folds
OF our flag IL is the cry OF brief but actual battle
which rises above the murmur Of thai onward unre-
turning stream i he peace OF our territory was dis.
turbed, It's sanclity was violated the charmed life of
an American citizen was taken in fight the property
of an American citizen itself part OF the general wealth
OF the community, was destroyed. This, SIR, IN the
language OF the publlcs,s, Is informal hostility .
against the United States, and the responsibility of
Enc land who ordered it TO be committed and the i'm
munty of the soldiers who enforced the order with the
bayonet and cutass result Of course according the
principle which have said we all take our
stand and in which all pubcis,s agree. do not say
that by this act England intended to begin On
the United States or to impair strength diminish
our treasure, orlnsult our flag as nation. Certain
not But the act which she does is TO invade our ter
rtory oTcby and unlawtuly Tor the purpose al reach
ing and destroying the property OF OF oar citizens,
which she had right to reach and 80 70 destroy,
and to effect that purpose by military violence and by
shedding innocent blood In battle IND tins act IS
hostility against us, because our rights are outraged,
anu they outraged by the nenous tne process
and according the forms of war and because every
nation and every man must be holden to intend the
acts which he does and their necessary consequences
\ How do you distinguish this proceeding from the
attack on Copenhagen in 1909 to which the Senator
from Virginia alluded 10 last evening What was that
Transaction England, chershng no hostile feeling
agalns, Denmark, (ior Denmark, like herself was ac-
tually in against the Emperor OF the French con
celyed fear that that ancient gallant but not very pow
eiul nation might fall before hla IN which case her SIX
u 49, ..,il ,.la IL.
cession 10 he strength by which he urging for
ward his aim OF universal dominion. Ihereupnn he
sent Admiral Gambler to Copenhagen bombarded H.
| killed and wounded above thousand persons and
carried of the whole Danish fleet. That is, she urci
4 bly, nvades the Danish territory for the purpose of
possessing herself of divers ships, of which against
Denmark she had no right to take possession not for
the purpose weakening or insulting her but TO prevent
their becoming in other hands, the instruments OF an
noyance ap aiusl herself. So here She invadcs our
territory with military force for the purpose OF pos
sessng herself OF vessel of which against us, she
had right thus to take possession not to awaken or
insult us but TO prevent It's being IN other hands the
IN rument Of annoyance against herself. The cases
are alike cases OF informal war against the nation
whose national rights are invaded In the affair 81
| Copenhagen the object of the invasion the
capture Of Danish Government ships. IT. instead Of
that il had ueen DANISH merchant ships lest their
goes uig 20 fill the Golfers Of France to trans
port French munitions Of war would the act have been
at all the less OF hostility against Denmark
Nay II Denmark lad been neutral sna the object had
been to cut French ship whcu i d fled Copen.
hagen for shelter II would still haNr pec hostile ag
presslon agans DenmarS herself ~, attack upon
Copenhagen was upon grander scale than that upon
the Caroline; more ships, more men, greater names,
more picturesque arrangement OF the spectacle OF war
But tat essential character The leg name, the leaal
conscq uencts national and personal, were the same
ST. il one Government fespasses the lights 81 an
other Nv the nplly uent OF wdrike nstru s. Is,
TO thu extent OF the tespass, the injured ma
ton
But Advance to a second and far more important
circumstance The expedition IN which he served
vas the act Of Government competent 10 compel hun
10 serve Independent Of and prior 10 any knowl-
edge or approval Of the act by the mother country, II
was SO. wholly ri & the suggestion that this dar-
ing enterprise al first nm Unauthorized proceeding
oil individuals and that il subsequ ntly became the
act Of d Government by ratification. From beginning
to End II the work ofa Cove nment, and Of Co
vernment having the tight to exact McLeods obeJl-
encr To the last drop OF his blood Who planned and
conducted the attack : The colonial AUTHORITIES
Such t. Tor substance, the expci, declarat Of Mr.
Fox Such i the legal conclusion from the facts
tacd by Sir Franco, Head in his despatch of the
2oth OF January, lo3S Sir, the matter stands exact
~ thus. The colonial authorities specially enpow-
cred Col McNnb To defend Her MajestSs territories
aud to defend Her Majesty's subjects. Such is the
concurrent statement Of Mr. Fox and Sir Francis
Head. For tins purpose they expressly empowered
him to adopt all needtul defensive measures, and
they thereby clothed him by inevitable implication
with the discretionary power ofudgng what measures
neediul la the exercise OF that discretion, he
Judged this measure to be ncediul, and he adopted il
Now for the protection of the soldier by whom II
achieved il is precisely ifthe colonial authorities
had directly and in terms planned and'commanded It
Col McNab Tor this purpose concIusvey represented
them How could common soldier pronounce IN
lecture that the Judgment otthc official representative
was erroneous Sir, he had the right and was
bound To assume It to be the Judgment OF the colonial
authorities And who were they Why as between
them and Mcleod, and Tor the purpose Of this qnes-
ton otindiyidui immunity as between Mcleod and
ourselves they were his rghtiul and only Government
Nice questions may be moved on the competency OF
a colonial Government from its subordinate relations