The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-06-05


United States, had actually invaded portion of the
territory Of her Majesty.
The President cannot suppose that her Msjesty's
Government, by the use Of these terms, meant to be
understood as intimsng that those acts violating the
laws of the United States, and disturbing the peace
Of the British territories, done under any degree
Of countenance from this Government or were re-
garded by it with inderence that under the cir
cumstances Of the case, they could have been pre-
vented by the ordinary course Of proceeding. Al
though he regrets that, by using the term per-
mitted,"a possible inference Of that kind might be
raised, yet such an inference, the President Is willing
10 believe, would be quite unjust to the intentions Of
the British Government.
That on line Of frontier such as separates the
United States from Her Britannia Majesty's North
American Provinces-a line long enough to divide
the whole of Europe into vo-
lences and conflicts should sometimes occur, equally
against the will Of both Governments, Is certainly
easily 70 be supposed This may he more possible per-
haps In regard to the United States, without any
proach 10 their Government since their institutions
rey discourage the keeping up of large standing ar
mics In time of peace and their situation happily ex-
epts them from the necessity of maintaining such ex-
pensive and dangerous establishments. Allthat can
be expected from either Government in these cases IL
good aith sincere desire TO preserve peace and do
Justice the Of all proper means of prevention, and
that fofenCes cannot, nevertheless, be always pre-
vented the offenders shall still be justly punished In
all these respects, this Government acknowledges no
8 Her Majesty's Government pleased, also, TO
speak Of those American citizens who took part with
persons in Canada engaged in an insurrection against
the British Government, as American pirates; The
undersigned does not admit the proprlety or justice OF
this designation. If citizens of the United States tit
ted out, or engaged fitting out, military ex-
petition from the United Staes intended to act against
the British Government in Canada they were clearly
violating the laws of their country, and exposing
themselves to the just consequences which might be
49, tho onnIn-
IONS But notwithstanding this they were, certainly,
not pirates does the undersigned think that 1t can
advance the purpose Of fair and friendly discussion
hasten the accommodation Of national difficulties, 80
to denominate them. Their offence, whatever i was,
had no analogy TO cases of piracy. Supposng all that
is alleged against them to be true they taking
part the side of the rebels. Surely, England her
self has not regarded persona thus engaged descv
ing the appellation which Her Majesty's Government
bestows on these citizens ofthe United States.
Ii is quite notorious that for the greatest part Of thu
last two centuries subjects of the British Crown have
been permitted to engage in foreign wars both nation
al and civil and in the latter, in every stage OF tht
progress and yet it has not been imagined that Eng
land has at any time allowed her subjects TO turn p
rates. indeed in our own times not only have indl
ydual subjects othat crown gone abroad to engageir
civil wars, but have whole regiments openly
recruited, embodied armed and diciplined in England
with the avowed purpose of aiding rebellion agans
q nation with which England was at peace; although
il is true that subsequently, an act OF Parliament wal
passed to prevent transactions SO nearly approaching
| to public war, without license from the Crown.
# may be said that there it difference between the
of civil war; arising from disputed succession
or protracled revolt of colony against the mother
country, and the of fresh outbreak, at the com
| mencement of rebellion. The undersigned does moi
deny that such distinctions may, for certain purposes
be deemed well founded He admits that Govern
ment called upon consider its own rights, interests
and duties, when civil wars break out in other coun-
tes may decide all the circumstances of particular
upon it's own existing stipuations, probable re-
Suits what its security requires, and on many
other considerations. It may be already bound to
sst paty or it may become bound # it SO chooses,
assist the other and to meet the consequences Of
such assistance. aI Y
But whether the revolt be recent or long continued
they who Join those concerned in it, whatever may be
their offence against their own country, or however
they be treated if taken with in their hands, in
the territory Of the Government against which the
standard othe revolt is raised cannot be denominatec
pirates without departing from all ordinary use oflan
guage in the definition of offences. A cause which
has foul origin piracy cannot in progress,
by its success obtain claim to any degree Of respec
liability, or tolerance, among nations and civil wars
therefore, are not understood to have such com
mencement.
II il well known to Mr.. Fox that authorities Of tn
highest eminence in England, living and dead, hav
maintained that the general law OF nations does no
forbid the citizens subjects of one Government from
is some reason indeed TO think that such may be thu
opinion Of Her Majesty's Government at the presen
moment.
The undersigned has made these remarks, from th,
conviction that it is important TO regard established
distinctions and to view the acts and offences of indi
viduas in the exactly proper light But il not TO b
inferred that there is, on the part OF this Government
any purpose of extenuang in the slightest degree, thu
crimes Of those persons citizens Of the United States
who have joined in military expeditions against tn
British Government in Canada. On the contrary, IN,
President directs the undersigned 10 say that it is hi
fixed resolution that all such disturbers of the nationa
peace and yioators of the laws Of their country shall
be brought 10 exemplary punishment Nor will thu
fact that they insgated and led on to these ex
cesses by British SUBJECTS refugees from the Provin
ces, be deemed any excuse pallation although iii
well worthy of being remembered that the prime NOV
ers Of these disturbances the borders are subjects
/ the Queen, who come within the territories Of tn
United States seeking to enlist the sympathies ofthei
Citizens by all the motives which they are able TO adj
4 dress to them, account of grievances real or ina
ginary. There is reason 10 believe that the design
| of any hostile movement. from the United States
against Canada has commenced with citizens of til,
United States. The true origin Of such purposes ane
such enterprises IS on the other side of the line Blu
the Presidents resolution TO prevent these ransgres
sions Of the laws is not on that account, the esi
strong 1t is TAKEN not only in conformity to his duty
under the provisions of existing laws but in full con
sonance with the established principles and practice
this CIOVeInment. \.
The Government of the United States has not from
the first, fallen into the doubts, elsewhere entertained
Of the true extent of the duties Of neutrality 1t hal
held that, however may have been in less enlghten
ed ages, the just Interpretation of the modern law
nations is that neutral States bound be stctl,
neutral and that tits manifest and gross mpropet,
for individuals 10 engage in the civil conf cts of othe
States and thus TO he at war; while their Government
is at peace. War and peace are high national rela
TONS which can properly be established or change,
| only by nations themselves.
The United States have thought, also, that th,
saIutary doctrine of non-nervention by one nation
with the affairs Of others is liable to be essentially i'm
paired if while Government refrains from interior
ence interference is still allowed to its subjects ind
viduay or in masses. 1t may happen, indeed, tina
persons choose to leave their country, emigrate :,
other regions, and settle themselves on uncutiyatee
lands, in territories belonging to other States Th
cannot be prevented by Governments which allow tn,
emigration Of then subjects and citizens and sucf
person. having voluntarily abandoned their own coun
try, have longer claim to its protection, nor is
longer responsible for their acts. Such cases there
fore If they occur show no abandonment of the dut,