The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-17


Every nation has exclusive jurisdiction over the
waters adjacentio its shores to the distance of
non shot, marine league. ~ Calls, Z. Z. X. ".
According TO the settled laws Of nations IL the
Caroline had been vessel OF war, on the high seas,
belonging 20 the insurgents and after an engagement
with British vessel had been pursued within a ma
rne league of the American shore, our national sove-
reignty. a neutral power, would Immediately have
covered her and hostile gun could not have been
fired against her without anording grounds for just
complaint H. for example, the British and French
nations had been open war and French vessel,
in flying before British pursuit. should have been
driven within a marine league ofthe American coast,
all further acts of hostility towards her must have
Instantly ceased, or we the neutral power, would
have been wounded in the most sensitive point, name
ly, that of our sovereignty.
+ shall not here argue TO prove that in this case
there has been gross violation Of our national
reign,y, because on that point no gentleman, ! am
sure, does not entertain doubt. That being clear,
the American Government at demonstrated in
strong and forcibe, and eloquent terms through
our MinlstaDabroad The letter Of Mr.. Stevenson on
that occasion, does him great honor, indeed. Re-
peated attempts were made 10 induce the British Go
vernment TO answer this remonsance but all in vain
II is true that il has been stated in the British House
Of Commons by Of the British ministers that the
American Government had finally given up the ques-
ton, and did not intend TO insist upon answer.
The pretence for making this statement has most
probably arisen from custom too common among US
OF publishing diplomatic correspondence while the
negotiation to which il relates still pending Mr.
Stevenson in his letter to Mr. Forsyth of the I'd July,
1889, employs this language:
81 regret to say that answer has yet been given
TO my note in the Of the Caroline. / have not
deemed il proper under the circumstances, to press
the subject without further instructions from your De-
partment fit is the wish of the Government that
should do So pray to be informed of it, and the de-
gree of urgency that am TO adopt"
To which Mr. Forsyth replies under date of Sep
TENDER IL, 1889, as follows;
"With reference to the closing paragraph of your
communication TO the Department dated 81 Of July
last, il is proper to inform you that Instructions
at present required for again bringing forward the
question OF the Caroline Ihapehdd frequent
Stations Nth Mr. Ior in regard 10 his subject, Of
reryrecent date; and from its tone, The President err
poets the British Government riH your appli
cation in the case, icihon much further delay"
The Senate will thus perceive that there is no foun-
daton in this correspondence for the pretext that the
American Government had abandoned the pursuit Of
this uestion, unless may be by garbing the note of
Mr. Forsyth and suppressing the sentence which J
have just read.
pursued its remonstance with sufficient energy is
Tor to say although believe they did, but that
forms part Of the question now before tho Senate
II seems that, from the conversation of Mr.. Fox, Mr.
Forsyth was induced to believe that speedy answer
would be given.
On the = ofNovember, lS40 this unfortunate mon,
Alexander Mcleod, came voluntarily within the Juris-
dicton of the United States. am inclined to believe
that the vain Boosting of this man. to his presence
and participation in the attack on the Caroline, has
occasloned all the difficulty which now exists. ra-
her think he not present at the capture OF that
vessel and this fact if had been wisely used would
have afforded the means of adjusting the difficulty to
the satisfaction Of both parties. But he came upon
the American SOIL and, in the company Of American
citizens openly boosted that he had belonged Drew
capturing squadron In consequence Of these asser-
tons he arrested by the local authorities and in
dcted for murder This state of things gave rise to
correspondence between Mr. Fox and Mr., Forsyth
from which intend to read few briefextracts Tit
correspondence resulted this that Mr. Forsyth ex
pressed il as his opinion and that Of the President
The United States, that under the law of nations the
auevval by tho British Government of the capture o.
| The Caroline, should such an avowa be made, would
not free Mcleod from prosecution in the criminal
courts of the State of New York. Its effect was
| merely cumulative. Ii did not take away the offence
of Mcleod but added thereto and made il national
as well as individual offence. The legal prcsecu-
lion of Mcleod, and the application to the British
Government for satisfaction were Independent OF each
other and nigh, be separately and simultaneously pur
sued. But whether this the true principle OF ma
onal law or not Mr. Forsyth very properly said that
the question must be decided by the judiciary of New
York, and that if the position of Mr.. Fox were well
founded, Mcleod would have the full protection OF
that doctrine before the court. He could plead that
| his act had been recognised by the British Govern
ment, and if the plea were allowed, he would be sci
at liberty That was the position of the business al
| the close Of Van Buren's Administrations and hap
pier safer an more position OF the question fol
| American rights and even for the honor Of England
also could not have been desired. When the tria
came on, Mcleod would have two grounds Of defence
FIRST that he had not been present at the cal
vessel and, next that this capture had been recog
Missed by the British Government as public act done
under its authority. IT, in this state OF things there
had been little prud mt delay, the question would
probably have settled itself to the satisfaction OF
/ both parties. But inquiries had been addressed, in
| Parliament, TO the British ministers on this SUBJECT,
and high excitement had been produced throughout
the British nation This can always be done IN that
country every controversy with America, because
side Of the question never appears in their public
journals. have been for years the habit OF read
ing some of the Engl sh journals, and far as have
observed side of the question, even in relation 70
the northeast boundary, had never to this day been
presented TO the British public. No Engllshman can
obtain from any of these journals which have seen
any distinct idea whatever TO the ground insisted
| upon by us in that controversy
| An excitement had been raised on the Mcleod
question and loud deances had been uttered on the
| floor of the House of Commons Threats had been
made in case the American Government should dare
| to retain Nc Leod in custody. An attempt had been
made both sides Of the water to produce the belief
that impending; and so far with success, that
the American fleet in tie Mediterranean, or at least
portion of it, has actually returned home while all
our vessels that had passed the straits and gone
into the Atlantic. Some people here even other than
the ladies' became afraid that the British fleets would
be upon our coast and lay our cities in ashes. a
marvellous panic prevailed Tor time among those who
had weak nerves, and then, to crown all, came the
letter of Mr. Fox TO Mr.. Webster. The British ma
ton has, l freely admit, much to recommend IT, but
we all know their diplomatic policy, unlike that
OF other European nations, has been OF character
bold arrogant, and overbearng. John Bull has ever
preferred TO accomplish that by main force which
other nations would have attempted by diplomacy.
come now to the letter of Mr. Fox and such letter
This letter is the imposing from the fact that ],
i was not Mr. Fox own composition, but is an chcia
communication from the British Government. This
fact appears from It's first sentence, which, as follows
The undersigned, her Britannia Msjesty's Envoy