The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24
WHOLE NO. 666.


Leod from personal responsibility is not necessarily
connected The latter is point depending upon the
rules ofpublic law applied to independent nations
and while the avowal the act a national act may
shield the individual from personal liability the nation
authorizing it will be held to just responsibility.
Having said all which deem il necessary TO say
on the question Of the public law, proceed consider
the other topic which the Senator from Pennsy wanna
introduced, aud which he bestowed much attention
refer to the charge complaint against the Secretary
OF state Tor acting in reference TO this
IN manner not credtable TO the American character
anu Tor not manfesng sufficient energy and Ameri-
can spirit. This # IL be well founded is no venal
charge IL Is one which affects who have done
the country some service, and whose reputation and
Character are the property of the nation propose TO
examine the nature and justice Of this complaint and
ahnk u VIII appear to be wholly without foundation.
ihe Senator could excuse the Secretary Of State for
the minor offence of admitting in favor Of Great Bri
tam principle which had foundation in the law of
nations This, compared with the complaint to be
considered, was he said " a small affair." and that he
ielt constrained as Senator of the nted States nom
aproper regard 10 the American character to comment
upon the correspondence OF the Secretary particularly
the Instructions to the Attorney General. The Exc
cutive Administration is condemned by him. both in
respect TO the tone and spirit of the reply Mr. Fox
and for It's interference with the local authorities Of the
State Of New York. through the agency Of Mr. Crit
tenden Several particulars mentioned under these
general heads of complaint Before referring them,
would take leave to ask the Senator what would he
and his friends have done in the circumstances in
which the Administration placed when these do
cuments were written If they had been in power,
would they have folded their arms, and said and done
nothing Or, in reply to Mr.. Fox have said, Me-
Leod Is in the custody Of the law we cannot and will
not interfere; he has been taken within our limits
and, II guilty, ought TO be hung as a murderer
Would they have stood justified the nation if such
mad been the course of action and war had ensue1 IN
on the condemnation and execution Of McLeodl Ii
the President has acted unwisely and IN manner not
credabe TO the American character BY reason of the
want OF energy and spirit ahat should he have done Z
II - easier to find fault with an act which has been
done than to point out what should have been its sub
s'itute And should be pleased TO hear the Sena
tors views as to the duty which imposed upon the
American Government after receiving the despatch
from Mr.. Fox and the reply which should have been
made to II, and the probable results Of such reply.
But the Senator says there was great panic got up
in England which extended to this counlry-so great
that part of the American squadron in the Meliter-
ranean returned home. And from this suppose il is
TO be inferred that under the influence of this panic
concessions were made principles of public law
and spirit of fear manifested crediable to the
American character. lfthere any such panic in
England II is quite clear that could not have had its
origin in any act declaration of the present Admin
stration. IL must have proceeded from existing
before the 9TH of March last and for it this Admins
traon are not responsible. Perhaps too the agitation
which grew out of this affair of Mcleod at the time
referred TO- may have arisen from untounded appre
henson that what was considered wel-sctted prn-
cple of international law might fail of being enforced
but for this connected with the Executive could
be responsible As to any panic here since the 4th Of
March, 1t Is the first intimation have heard Of
les existence and it will require very strong proof
convince the people of this country that the deceased
President or his successor or any of his Cabinet, par
ticpated in it, if did exist Indeed when their pro-
ceedlngs. examined with reference the attending
crcumstance--to which shall refer hercafler-it will
be quite obvious, that far from being under the
slightest influence of unreasonable apprehension Of
hostitles the Executive Administration took high and
commanding ground in support of American rights
and honor and while they rendered Justice to Great
Britain upheld, in manly and patriotic tone, the
rights of their own country As to the return Of the
Brandywne, we are informed by the Secretary Of the
Navy that it requires some explanation. From des-
patches sent 10 the Department by Captain Bolton of
that ship il appears that the great excitement prevail
ing in England induced Minister at that court to
address communication to Commodore Hull, the
oicer commanding the United States naval forces in
the Meder Ianean, the result of which was that the
squadron then lying at Mahon left the station with
view 10 get out of that sea, ascertain the of
things between the United States and Great Britain
and either resume their station return home, accord
ing TO the result. Whatever blame, if any, attaches
to the sudden return of the frgate to shores it
surely cannot be justly chargeabe to the present Ad
mnIstration. Whenever the proceedings connected
with this subject brought before the public it will
be found, think, although do speak authorita-
lively, that her departure from her and her
turn home the result of accommodations made by
our Minister at the Court of St James and which
possibly may have been predcated upon report made
at the last session to the House of Representatives by
one of its committees, and which will stop to cha
racerlze. For neither of these productions does any
responsibility rest upon the head of those who
at the head of the Executive Department of the Gov
eminent. They proceeded from the friends and sup
porters OF the late Administration and if they had the
effect to produce great excitement among the people
OF England, and TO cause armed vessels TO leave
their stations and the of the country there
unprotected the consequences belong to the authors
nt tha and hal,
in the transaction
Another ground of complaint against the Secretary
of State is that he took notice of what the Senator
Is pleased To call threat by Mr.. Fox in his TO
| MIR. w ebser, and which, as he read it, led
him to resolve to bring ii before the Senate. The OBJ
econable language after repeat ing the demand for
the release of Mcleod, upon the grounds and for the
reasons previously stated, :" and Her Maesty's Go
vcrnment entreat the President of the United States
to take into his most deliberate consideration the Sc
rious nature of the consequences which must ensue
from rejection of this demand" II this be the Ian
guage OF menace, II is not more than often used
towards the most sensitive nations and public func
tonaries and which has not been thought require
animadyerslon notice My friend from Vir
glnia Mr. Rlves) stated to the Senate thai while hold
ing the highly honorable and responsible trust of mi
mister at foreign Court remarkable for its high sense
of honor, which would be peculiarly sensitive should
there be the most remote auson to a threat or me-
mace, he deemed it his duty to language strong
and decided but courteous and respectful and open
10 Inc objection oil menace as tna of Mr. Fox but
considered offensive, and not treated as APP
proxmating TO a threat So, also, similar language
used by Mr. Fox in his previous correspondence
with Mr. Forsyth, which did not far as know
excite any particular sensiblity. II is to be
bered also, that the words of the British minister
10 be taken in connexion with those which preceded
and does not necessarily follow that any thing more
as intended than 10 call the attention Of the Pres-
dent to what might be the result (other than wary of
denying principle of international law believed by
his IN he NH ateI and
Upon the application of this principle to the case OF
Mcleod, that Government insisted, appealing to the