The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-01

HIN in the progress Of this extraordinary proceed
log"
And Mr. Webster, like Mr.. Forsyth, while return
ing TO tins demand refusal I4IenptOry as the de-
mand itself might ell reflect that the best consulted
the dignity Of the American Government by not be-
ing anxious 10 cavii about words, o,erjeaous
10 lind IN them matter of offence.
The gentleman from Pennsy lyania proceeds to la
ment that Mr. Webster has, as he concetyes, eaptu-
lated away the rights Of the U ned States 10y admit
ting and even anticipating Mr. Fox IN the declaration
that the attack ON the Caroline an act OF war
IN inns COMPETENT the gentleman iorges thai MI FOX
expressly describes the attack on the Caroline as an
aci Of public force and therefore il Is untrue that Mr.
" ebs'er anticipates HIM this idea. Then, does
MI " ehstcT err IN accedlng thus TO the suggestion OF
MI Fox Ought he To have denied the assumption
! reply that he could deny H. First the attack ON
the Caroline the matter stood was in point OF
fact act OF war and therefore have asserted the
contrary would have been To assert a ialsehood Sc
cOnjy, there Is no title OF claim OF which
the United States can demand PREPARATION OF England
for the attack, except IN treating II hostile act OF
the British Government Thirdly Mr. Webster
precuded by the of his predecessors from taking
any other ground In treating It as an act of war he
did but continue in the sense of Mr. Van Burens
Administration, and TO follow the lights before him ia
the Department of State. For the gentleman rom
Pennsy wanna and his friends have not only shut their
eyes the merits OF the case but they have forgotten
It's history.
Ii is strange enough that the friends OF Mr.. Van
Buren, should deny that the attack on the Coroine
was act Of | reply to them not only by e1t
hbltng the and the principle Of the thing but
by citing the authority of their own President.
hold IN my hand copy OF the despatch addressed by
Mr. Stevenson TO Lord Pamerston under the drec-
tion OF MIR. Yam Buren,, making demand OF repara-
lion for the destruction Of the Caroline, and in that
despatch, which has been published MIR, Stevenson
pursues the only course he could pursue he proceeds
To prove the hostile nature OF the act by full exhib
ton OF facts and, concludes and winds up the whole
with upclnInu n these words NIHe then i
of open undisg used, and unwarrantablc HOSTILITY
After this let man complain of Mr.. Webster for
having put the of the Caroline ihe pre-
else ground which Mr.. Van Buren, had umed for
1t and which, indeed, is the only ground upon which
the United States could undertake 10 hold the British
Government responsible.
The gentleman from Pennsylvania would have the
House believe that the Secretary of State, negectng
the authorities OF the English law, goes for the guide
OF his opinions in the matter 10 the Continental ju-
rlsts and to where power strong and right
ie BILE This of the numerous examples OF small
criticism and of complaint by lnsinuaon IN which the
gentlem has INDUCED in the OF his speech.
But in truth it is he and his friends, instead OF MIR
ebser who 20 to the Jurlsts of the Continent IN this
matter Upon what only legal authority do they con
trovert the positions OF Mr. Webster Is ii not pas
sage in the Continental jurst, Vatel2 Whilst 1t Is
the English jurs, Ruthelolth who fully and emphati-
caIy sustans Mr.. Webster Fin this question there
be any who draw Their opinions from the unregene-
rated principles Of the European Continental law, any
VINO drink al these poisoned sources, IL is lhe enus
of the gentleman from Pcnnsy wanna.
The gentleman proceeds 10 deny all the legal posi-
tlons OF the Secretary, one by Whilst doing this
he TO forget that the Secretary OF State Is not
the law officer of the Government The barbed shafts
which he aims al Daniel w ,bster pass lnnocuous by
him, and if there be any their points, they
strike into the BOSOM not of the Secreta of State
but, Mr. Speaker of your own brilliant and admirable
representative in the Cabinet, John j. Crttenden, tho
Attorney General Of the United States
In IN. first Mace The gentleman. If i understand
him, denies that IN any event Jurisdiction in the case
of Mcleod could be transferred iron the courts Of the
State OF New ork 10 those OF the nted States an"
also denies that the Government of the United States
would have the power to noHs prOsequt IN the
to be entered there was surprised 10 hear such
suggestions fall from the learned gentleman. cannot
pretend to the long, legal experience oil the gentleman
from Pennsylvania, and have some time since thrown
off the robes of the bar But had supposed that there
great statute i'll the books, which lay at the
threshold of all legal knowledge in the United States
and that no man in this country could gain admission
into the temple OF justice as minister there without
bearing that statute in his hand refer 10 the judi
cary act of 1S9 in the 25th section of which express
made for the transfer OF precisely such cases
this from the courts OF the States to those of the
United States. And as TO the power TO enter noHe
pr0St9 appeal to and every lawyer on tins floor
10 say whether this power does not belong to the law
officer OF the Government according TO the established
practice oevery tribunal, high or low throughout the
United States,
Dul IN lHc stCDnu PlaCe ErHtltiHhu unu HIS
friends while they seem to admit that upon the main
point controversy the principles OF the Secretary Of
State, developed in his letter to MI Fox, are sub
santiay correct ye, iasen upon the ett,I OF nstruc
tons to Mr.. Crenden as the great cause OF com
plant they TO admit that, so far as regards
Great Britain il the two letters had gone together, IN
point of date they would have constituted the salts
factory to that Government, hut that letter
to Mr., Crhtendcn standing by itself, dated on the
| 18th March, is concession to England IN fact, while
! the letter Ia MIR Fox bu a denial OF concession
! in form and that the visit of MI Crlttcnden 10 New
| York act of interference with The tribunals OF
that State on the part of the Federal Government
state these objections thus distinctly because have
no wish to evade my thing in this matter but
licitous, the contrary, 10 meet every thing face to
face openly and directly
The demand Of MIR, Fox is dated the 18th of
March, and the reply Of Mi Webster the 2ith of
April j. there any just to treat this AS obJec-
tiunahe delay2 No gentleman who reflects for mo-
merit can, in candor and hon r SO consider II That
period crowded with important events our do
ne,tlc history, and devolvej immense upon the
ministers OF the Government First came the INTRO
duction of General Harrison TO power; next, his ca
lamhous death, which covered the land IN mourning,
and filled II with amentstion. Then the accession OF
the now President Of the United States. In such
period it cannot be pretended that elaborate reply
10 the letter Of Mr. Fox, such the circumstances
required should have been thrown of in the extern
poraneous haste of speech in this House II was TO
he the starting point OF the foreign policy of tie new
AdminIstIatIo and was to be written not ioI Time
only but as II were for eternity Its principles were
to he deliberately medated and It's language carefully
composed II was To be examined ty the Executive,
and the change OF that Executive 10 be re-exnmined
by him who Is To be responsible for the future acton
OF the Government Ii to be prepared amidst oil
the harassng and tolls attending the Commence
ment of Administration; interrupted not only
by death in the family OF the Secretary-of which
say nothinghut by the mortal sickness of the Presi
dent of the United States. No man who recalls TO
mind all this can mrute delay in the matter TO the
Department of State, especially as there was nothing
TO render necessary 10 give instant answer To the
dema nd Of the BRUSH Government that answer be-