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

place that he ought 10 have made il and the Govern
ment TO have acted on H. exactly an il was made and
acted on.
What was the duty Of the Secretary OF State on
the 18th of March last, when Mcleod guilty Of no
manner Of crime against the law Of New York by
participation IN the attack on the Caroline had been
indicted Imprisoned, and ordered for trial TO be had
tie 22d of March, as for such crime, under crcum-
stances usying reasonable anxiety lest he might fall
a victim to a natural and tremendous popular excite
menii and when her Mbesty's minister came forward
announced the doctrine OF International law which we
all know 10 be ust, and demanded that Mcleod should
be holden entlutd TO immunity under ~ What was
the Secretary of State to do Should he have wrap
ped his diplomatic mantle about him and have answer
ed, Sir do not know abolt your doctrine of inter
national law the American Government is not adj
vsed whether II may hang prisoners Of mot
besides, II happens TO have nothing at oil to do with
the matter; Mel cod is in the hands Of the State of
New York agreat and patriotic State, Mr. Minister,
giving forty odd electoral votes she will do what
right if she hangs him. why then we shall know
that he deserved ii and if she does not SO much the
better for himself Should he really 80 saying have
bowed the minister out and have retfeaied into
EpicuIean heaven of Indifference and communal,
until he and you startled by the thunder OF
enemy's cannon-a music | acknowledge at which
brave nation has no great objection at any moment
TO wake upl No, sir. i submit, on the contrary,
that he duty of Government was perfectly clear
TO it's nowledgement of the doctrine Of inter-
national law advanced by the minister; to declare its
purpose Mcleod the benefit of it TO do 1t
and then having removed this disastrous interlocuto-
~ controversy out of the way, to demand satisfaction
at of England for the burning of the Caroline,
as that language is understood among nations Of tho
first class To simplify the matter somewhat, sup
pose that Mcleod had at that moment been in our
jail In courts instead of those of New York, then,
1 repeat, 1t was most palpahly duty to have
coded the proposition of law TO have expressed our
assurance that the courts would acquit him Of the
cusation of crime against municipal codes, and
even that the Attorney General representing the Gov
ernment W, ud enter a ncHe prosequi, thus commit
ting him 10 the disposal OF the Executive prisoner,
quasi prisoner of war, whatever else his legal
character might be- and then and thus having washed
our hands clean and set ourselves right before God
end man, TO call this island mistress of thousand
ships OF war to instant account.
That this was the duty of our Government is too
plain 10 be debated Was not its duty to cause this
nation 10 keep the law of nations Was it not its du-
ty to be just And not this bare justice TO Nc
Leod, TO England 10 the universal spirit of humanity?
Mas II not It's duty TO preserve peace 1t might be had
with honor, and il war must come, To secure us one
in which Christian people might draw lis sword
Now, sir the difficulty was that the 18th OF March,
we were in an eminently false position. With ample
materials of the highest tone of complaint perhaps
even of reprisals against England for her
duct towards us here she holding up before all
the world, for little piece OF our own conduct, IN
which we were or were apparently Just about TO be
entirely in the wrong. With the burning OF the Ca
rone with the groundess yet peItinaclous grasp OF
our territory in the Northeast with the repeated sell
and searches of ships at TO complain of
and 90 To war about If wise and moral people had
taste for such entertainment, we were actually just
about compelling England TO declare for
hanging one of her soldiers because he did not run
away from her colors Why, sir, this was not posi-
lion for OF sense to stand on long enough for her
Maesty's Minister pull off his hat Policy, honor,
Justice honesty humanity all required to quit it in
an instant. Why give England such ?erllous ad
vantage to make up false issue like hsl Why
unite all her cnsses, and every man in every class in
what they must think holy war Why ALLEVIATE the
sympathies of the world by such thing2 Why
commit blunder as well as crime 7 Why forget
that he trcbly armed that has his quarrel ustl Why
shock and shame the pride of America by turning
away from England to strike down McLeod2 Sir, If
you speak Of blows believe the people of this coun-
try would choose to be aiming full at the front of
the oud and giant master, rather than dragging the
servant unarmed unrended, and handcuffed, TO the
galiows They feel that aures are to be won in
such field by nation Of gallan, men, OF men OF ho-
nor, and of Christians They will seek those laures
rather where they do naturally grow far up on the
| perilous edge OF battle when II RACES" Sir was
lust now tod that the late Chief Magistrate observed
to friend, some time during that fleeing month Of
his administration, that in just cause, if Congress
would give him men and money, he had no objection
TO going INTO war with England, but that he could not
bring hlmseto buckle on his armor and take the field
against Alexander Mcleod. l can appreciate the
dissemination OF this kind brave and just old man to
such service.
Leod had been awaiting trial in the courts ofthe Uni
ted States ought to have replied TO the demand OF
her Majestys Minister thus We admit your PROPOSE
ton Of international law not quite so rude and
among the nations MOI to know the elements
the code that kn,s the families of the earth together
From this accusation of municipal offence your subject
is safe. And now will you in your turn inform us
(for three years have waited in vain TO know
what prctence her Maeslys forces at the dead hour Of
night crossed the invlolate line of boundary inya
ded soil dishonored flag, wasted the property
and shed the blood of American citizens
1t happened however that at the time when this de-
mand made Mcleod awaiting his Il ial in the
courts of New York. He was in New York prison,
under New York process and the distinguished Sena
tor from Pennsylvania insists that for this cause, at
least, the Government should have done nothing, and
said nothing 10 the demand but just directed Mr. Fox
To tell his story and carry his law to New York. We
should have made concessions of the legal principle;
should not have dared communicate to the Execu
tive of that State the official evidence of the claim and
of the doctrine of England, and own opinion OF III
we should not have lifted finger we should have
stood peechIess unconscious innocent, and dgniied
10 see England New York, and Nc Leod settle this ut
tie of national law, peace war; life and death,
among themselves.
Sir, the position Mcleod stood in to that great and
admirable State undoubtedly limited the rights and en-
barrassed the action Of the General Government. But,
because could not do all that we would, were We
not to do the little that we could Were we to do
nothing Whom have we offended : The State of
New York Howl BY desiring to secure TO inns
prisoner to whose false interest large and so pre-
cious attached fair Trial Sir, cannot believe
IT, New York proceeding against hun in the or
dinaIy Of the administration of criminal law.
To recognise her jurisdiction over him, which ~ the
amplest mannerths Government did and then TO wish
for him Just what New York wished for him, that first
Of social privcges-a far trial was there any thing
this t. afront her pride Of character any thing 10
rufie feather in the plume OF her acknowledged pre-
rogaVe
But we sought 10 operate on the government of that
State by communicating our opinion on the points OF
International law and in effect advising il what course
to pursue. Well sir, does the conveyance of advice
imply disrespect towards the object of it, distrust