The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24


the wish Of the Government that the proper steps
should be taken for The immediate removal OF the case
by writ of error to the Supreme Court OF the nited
States This oil which the President directed TO
be done Is there are any part of which Was out OF
the line Of his dutyl Is the President in fault for fur
nshing Mcleod with the legal evidence OF the ayowal
of his Government Of his act a national acl Or for
seeing that he assisted by able counsell Or for
suggesting TO them that the place OF the excitement was
not the most suitable place Tor fair and impartial
tTial Or that this Government, being the only re-
sponsbe party known 10 foreign Governments wished
that the opinion of the Supreme Court of the United
States might be taken, IN proper and legal form, upon
the question Of public law if it should be ruled against
the prisoner2 Was this succumbing to foreign
Powerl Was this yielding TO threat or menace2 Was
this acting under the influence of fear unneces-
sary panicl Was this calculated impair the
honor dignity OF the country, or to put at hazard
any OF It's lneresisl Or unnecessarily TO involve us
in hostlesl Let the sober and enlightened Judg
ment of the people answer.
Iii suggested that the instructions to Mr., Cn.ten-
den were communicated TO the British Minister ine
diaely or before the despatch was written 10 MN ;
feel that this cannot DO supposed to e'incs u
sire hastily concilate Great Britain ior a''housn
Loes.not appear, from any thing IN the documents o
fore US that they SO communicated, ye'' ~ uey
were there was nothing in them when ~ was einei
necessary or proper should be withheld from the Brl-
fish Government Concealment would do no good
The instructions showed the views OF our Govern
ment on the question of public law; and, also. what
10 give Mcleod the benefit Of them. Surely there
was nothing in the Instructions which the honor or in
ercsis of The United States demanded should be con-
cealed from the Government of Great Britain. they
clear and explicit and copy OF them was sub
sequently communicated to Mr. Fox by the Secretary
of State in connexion with his note OF April "a
There could be sacrifice of honor IN a frank and
speedy avowal of what the Government had done In
the discharge Of its duties to foreign SO
far az the Constitution and the laws of the country
authorized them o.
| believe have referred to all the PARTICULARS
the specifications of complaint which have been
suggested by the Senator. Having commented up
on each Of them, he drew from them all this nfe-
renee that they manifested spirit not cediiabe to
the American character, evincing want Of sufficient
energy and the absence OF American spirit Let me,
then briefly refer TO them, and inqune whether these
complaints have any just foundation
The Secretary did not refer in suitable language,
10 an implied threat There was no obligation TO con-
slider the language as conveying any such threat or
He should not have admitted the rule of public law
in such decided and explicit manner. Neither ho- |
nor nor manly frankness required him TO express any
doubt upon a point Of international law which was
sustained by every principle of sound reason, and by
every modern writer on the law OF nations
He should have abstaned from sending the Attor-
ney General to the State of New York to perform the
acts specified in his instructions.
And what were those acts To furnish Mcleod
with the evidence of the recognition OF his act by his
own government MS was Just ne DIltisH TO
vernnlent had communication with the authorizes
of the.State of New York. Their avowa was to the |
Government of the United States. No principle of
public policy override the great principle of jus
tice (which demanded of this Government tibet they |
should not withhold from IAN individual arragned for
murder evidence in its possession which he deemed
sential for his defence. The Attorney General was /
to that Mcleod had able counsel. Was il de-
rogatory to the character OF this Government or evil
dence of fear, that DESTROYS that individual
knI ha1., 81 he
law Of nations should have the benefit of skifu legal
advisers Was it the opposite of American spirit and
energy, that the Government of the United States |
should wish, under such circumstances, that the lnd
vidual who could not be released from confinement
under judicial process otherwise than by judi
cial process, and in a manner comfortable to legal
principles and the Of practice in the courts of
justice should enjoy the advantage ofprofessonal
to and him in their judicial proceedings The Attor-
ney General to suggest 10 the counsel for the pr
soner that the President impressed with the propr
ETY. OF Transferring the trial from the scene ofthe princ
pal excitement TO some other and distant county APP |
peaed to the President had been for the release of
Mcleod, was it strange that he should be anxious
that he should have fair and impartial trial Is this
anxiety the result Of fear Of the power Of Great Br
tan Does manifest disposition yield to threats
and menacesl Is it discredtable to the American I
character that It's Chief Magistrate should wish that
Justice should be fairly and mpartially administered
ne Attorney General was to signify the wish Of this
Government that writ Of should be brought |
from the decision of the Court of the State of New
ork to the Supreme Court of the United States if
that decision was adverse to the immunity claimed by
the prisoner under the law of nations. How proper and
suitable was the course thus proposed to be taken The
GoNeinment of the United States alone responsible |
w responsible at ally to foreign Governments for any
Ihlfacilon OF public law, desirous of having the
oPnon OF It's own judicial tribunal upon the question
or such lntrsction, should it become necessary by the
adjudication Of the State Court. Surely the mani.
iesallon OF such desire very far from evincinp
at'fit OF serve fear, the want of proper energy.
was intended to express the opinion of the Presi
utnt mat The prisoner was entitled to the opinion of
the supreme Court, If cessary, and that the Execu-
i've deemed proper that such opinion should be OBJ
tanned IN the form prescribed by law. Now inquire |
whether In any of these proceedings considered sepa
falely' OF IN all conformity, there manifested any
thlng except an ardent desire that this Government
should act Justly and perform IL duty according to the
acknowledged principles of international law And
yet, tie late President the present President and
every Head OF Department stands charged with being
wanting in energy, as not evincing an American spirit
ana actlng In manner discredtab To the mercan
character
Mr. President, the American People will cast no
such slig upon the character OF the ustrous dead
or the honored living THIS reproach will be repu-
dated by the great body the freemen of this nation
ms magyar nous people will continue To be as thew
ever have been just to all nations but Jealous other
own honor, and ever ready To vindcae their RIO hts
Instead OF treating Unauthorized invasion of their
territory as the wanon, lawess of an obscure indi-
vldual aud looking 10 his execution a maleacter as
reparalon for the insulted honor OF the county they
will hold the nation which avows i,-the principal in
the act-the nation by whose order and under whose
authority II was done-responsble And while such
individual fills the Executive chair is their
PTesldent-whie such men constitute his Ca
blnet are his constitutional advisers while Congress
exists which knows what are the rights of the nation,
and knowing, will sustain and defend them this
great nation will hold the authors OF wrongs done to
her to just responsibility and maintain her integrity
her honor and her rights, unsuIlied and unimpaired
THE FISCAL BANK
Tho MA If ha vnf, a,