The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-06-22
9TH CONGRESSES Session,
Thursday, June 10, 1S41.

In the Senate, to-day memorials for Bank
rupt law were presented by Mr.. Evans, Prem
tiss and Young also by Mr.. Buchanan for du-
ties on Wines and Silks, and by Mr.. Bates,
from the Legislature of Massachusetts,, for a
distribution of the proceeds of the sales OF the
public Lands.
Mr.. Clay of KY, according to previous no.
ltice, introduced a bill for the distribution OF
the proceeds of the sales of the Public Lands,
which received its first reading and was laid
over till tomorrow.
Mr.. Henderson introduced bill to establish
an uniform system of Bankruptcy, which was
read twice, referred to the Judiciary Commit
tee, and ordered to be printed, after debate
of some length as to the ProPrety OF action on
this subject at the present session.
Mr.. Rives introduced resolution, previous
ly noticed, to refer to the committee on For
eign Affairs the parts of the Presidents Mes
sage, relative to that subject. Here very IN
teresting debate took place in relation to the
Mcleod case, in which Mess-s Buchanan and
Rives participated,
Mr.. Buchanan opposed the course Of our
Government towards the British in relation to
this case, particularly the late correspondence
of Mr.. Webster with Mr.. Fox, and also Mr..
Webster's instructions to the Attorney Gener-
al to attend his trial, &c. To this Mr.. Rives
replied in his accustomed eloquent and able
manner, defending the course pursued as wor-
/ thy of free nation, in magnanImity, justice
and desire of honorable peace with all nations
of the earth. There has, as yet, been no ac-
ton on the resolution.
In the House, on motion of Mr.. Fillmore,
Chairman of the Committee of Ways and
Means, it was resolved that the Report of the
Secretary of the Treasury be referred to that
Committee, except that part relating to a fis-
cal agent, on which select committee had
been appointed.
The Speaker laid before the house the testi-
timony of the contested election of Mr.. Banks
of Pa, referred to the committee on Elections.
Also an account of the Treasurer of the Uni
ted States, of the contingent expenditures for
the service of the Post Office Department, for
the year ending July 4, 1910, which was laid
on the table and ordered to be printed.
| The motion to reconsider the vote on the
amendment dropping the 21st rule of last con-
gress was then taken up, and Mr.. lngersoll re-
sumed from yesterday his remarks, and entered
into an elaborate examination of the subject in
opposition to the agitation of the subject of alb
CIV of the measures of the Abolitionists is to
separate the Union. He was followed at some
| length by Mr.. Marshall of Kentucky, in oppo-
sition to the reconsideration. The question
was then taken, and the House, by Yeas ITO,
Nays 116, refused tcreconsider the vote.
Mr.. Wise then called up the motion tc
re- consider the vote adopting the rules of the
last House, except the 2lst, on which he gave
notice that he intended to speak, but gave way
and the house, at 6 o'clock, adj. .
Friday, June H..
In the senate; Mr.. Choa'e of Massachusetts
having the floor, addressed the Senate upon the
Case of Mcleod for nearly two hours.
Mr. c. proceeded in the first place 10 defend
Mr.. Webser's letter to Mr.. Fox, and next TO
an examination of the principles Of National law
applicable 10 the case. All agreed, lie said, that
in case of actual, open, avowed war, The officer
or soldier acting in military capacity, owed
obedience to his superiors, TO the government Of
which he was a citizen, and was not then re-
sponsble for his acts. The Engagement as 10
the application of this principle arose in case Of
an informal, undeclaTed war, when an officer or
soldier violated the laws of another nation even
though acting uuder the order Cf superior.
Mr.. Cnoate then went on 10 reason thatlhe
attack upon the Caroline was act of war, that
il violated our territory that II killed our citizens
and had In il all the results of actual war. Such
an act as this, when avowed 10 be the act Of
nation EXEMPTED the su)ordinates engaged 10 1t
from personal responsibilities and, as he llu>tra-
ted the law of nations, forced government TO
look 10 the superior Tor redress He quoted Vat
tel. Gro,ius, and Retherford, and other ubicists
to establish these principles, aud then cnmmen-
ted npon what they said at considerable length.
The officer and soldier should not know, Mr..
Choate set forth in his argument, the principles
upon which he acted. He had not time or op-
porrunity TO look into the diplomacy that
! brought nations into arms. Mcleod did not
know. when his alledged attack upon the Caro-
line took place, that simultaneous with this,
Great Britain had not ordered war against US
nnon every sea, and upon our whole fro iii
and il was therefore, not only cruel and mon
strous 10 hold an individual engaged IN arms
1wbo if he disobey ed his superior, Did so al tie
risk of his lfel responsible for act bis own
government avowed as theirs, but 1t was coward
iy too 10 hunt down the W eaker when the stron-
Ger marty could be grappled with, from whom-re
dress might be obtained on The field Of the world.
II was remark of The late President be said
1hatin a good cause, with sufficiency of men
and money, he would have no objection to buck
ling on his armour again, but he could not quite
make up his mind TO go 10 war for this Alexander
Mcleod.
Mr.. Choate then went on to state that if gen.
tlemen on the other side wanted War, cause
enough might be created, which would satisfy
our consciences and justify us, perhaps, in the
ewes of the world. There was our Boundary
Question. there was the seizure of our vessels
on the Coast of Africa. And here was the ourn.
ing of the Caroline upon which England was all
wrong-but he trusted we should not be involved
in wa., with the law of nations and all the
world against US, and this too for rather werth-
less man. who probably had nothing 10 do with
the act Of which he was accused.
Mr. Choate then went on to justify the instruc-