Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-07-05

THIS great question OF the nations
What is the concession Of the Secretary Of
State Why only and exactly this that n soldier
or sailor tic lacto such actually engaged in
military or naval enterprise Of force under the
authority, in obedience to the command of ms
Government, and keeping himself within the
scope OF that authority, is not guilty, ms the law OF
uations is administered to-day, of crime against
the municipal code oftle country upon which he
thus helps TO carry war; that he is not phnsha-
he as for strl crime Ivy that country; aud that
the responsibility rests upon his own Government
alone to answer ms nations answer for their crimes
to their equals. That is the concession. He does
not deal mt all with the Of soldier struggling
away from his colors TO commit n solitary aud
separate murder. He does not deal with of
aedgcd excess Of authority. lie supposcs him
TO obey the precise directions of his Government,
and go doing, he declares him clothed with u
personal immunity.
| II has been said in Of the discussions of
this subject, although not here, that Mcleod left
the Caroline nfcr he whole object ofte enterprise
had been accomplished, and committed mn unne-
cessary mud distinct and malicious murder on
shore. can say only TO this that no such fact
forms any part Of the basis Of the Ulin;on Of The
Secretary lie had either never heard OF il, or he
dlsl,elieved it, or he assumed that the Courts Of
law or the Attorney General would allow its prop
or influence to n discriminating circumstance SO
important.
II you turn TO the fourth page of his letter you
nay see that The murder for which he supposes
| Mcleod is indicted was 4" murder aledged to
have been committed in the attack y forming an
inscpnrabe, very painful part of the entire militia
ny violence excrted 10 capture and destroy the
vessel, aud not succeeding it. For the purposes
OF the concession he takes for true the express
declaration OF Mr. Fox, "lut the transaction on
account OF which Mr. Mcleod has been arrested
and is to be put oil his trial, including The homi-
eide as an unavoidable incident in it, " was pub.
r. rfo, I.u ItnrM nia y'S
ernmenf.
Such is the concession. | have the honor to
submit frst that the concession is right in point
OF international law ; and then, that it was the
duty of The Secretary of State to make it, and of
the Government To net upon it, exactly rs it WIS
made and acted upon.
| In entering on this investigation, then, you OH
serve that, to certain distance, proceed on all
sides OF the Senate tremendously together. Thus,
| it is admitted by the Senator from Pennsylvania,
and 10y every body, that persons taken fighting, or
for having fought, in the battles OF an open, gen.
cral, regularly declared war; nre not responsible
for crime committed by the act offghting against
tie country which they devastale and wrap in
mourning aud blood They become technically
prisoners of war. As such, on principle of pol
icy, as mode of prosecuting war, they are sub
lecied To restrrnt imprisoned, held 10 ransom,
exchanged, aud otherwise disposed Of, with more
or less indulgence and humanity. according To
circumstances But crimiuas robbers, murder
ers, 10y the act of fighting, although the act invo-
we'd The destruction of property and life, are not,
such, by The theory Oh practice OF any civilized
race of men.
Thus far we proceed together On this admit
tel principle we all stand and from il.is sc ali
take our departure. The truth is, the nations
have agreed, and that agreement makes the law Of
natIoIls that II is duty and virtue in the midi
ydunl citizsp. his irsr duty, his highest rirne,
he obedient TO his own Govyrnnent They hare
| tn
elder Decatur, said of his children, MS the proper
~ OF his county, Whthersoever he goes, what
socver he does, whereso ever he lies down slain in
battle, in obedience to her sacred and parental
command, it is as the general rule, not imputed
10 HIN for crime at ALL His nation, the collective
natural person, must answer it on the high places
of the world, and to the whole extent Of the I'M
defnahlc responsibilities of war;
II. therefore, Mcleod had been one of those
bodies OF troops which, during the last war
sionally passed our line of boundary, burning our
dwellings and killing our people, aud had been
taken even al the time, md with the red hand he
could not have been declared guilty of crime a.
gunst any law of a State or Of The Union.
Setting ont from this admitted principle the re-
al question rs, whether the special circumstances
nnder which McLeod's Government sent him
forth TO this midnight work Of strife and boud,
Withdraw Lin from the protection of the princ-
| pie OF individual immunity with which humanity
aud wisdom have relieved and adorned the law of
nations. What were those special circumstances?
Exactly these. lie was sollier or sailor, dc
fdcto, for the time, for the act, in military and
naval expedition OF force planned and sent abroad
10y his own legitimate Government, having the
right to exact his service to the last drop Of his
blood: sent abroad not TO puuder, but, as it 10
represented to him when It called him out of his
bed, and disclosed its purpose to do net for the
defence of the country he lived in against invasion.
This expedition was single act not preceded
nor followed by any other it was preceded by
no declaration OF war, and, rs this government al
Ieges, it was unjustfable Such were the cir.
cumsIances; and the question we debate is, DO
they Withdraw him from the principle of person.
| al responsibility?
! Let me say, then, first that in proceeding to de-
termine whether That principle sfaIl or not be ap.
Piled TO given special case arising in the ever
varying Developments of things, the inclination
of civilized Suites will be, and ought TO he, to take
the principle largely and literally in favor Of in
divdual immunity, and Of exclusive national re-
sponsIbilhy. Every motive which operated TO in
trohuce the principle into the law of nations at
FIRST is motive to AN enlarged and henignunt
construction and application of it to-day. Its a
doptnn originally marked vast advance OIL the
ferocous systems OF what we call natural society.
IL was grand triumph Of reason us well as Of
humanity. Policy and wisdom carried the worl!
up TO il, rs well us right feeling. II was rcs0rted
to TO relieve war OF is horrors while it lasted 10
ameliOraIe tie stern lot Of the millions whom in
one age and in one country aud another, force or
patriotism crowds into the ranks of their country
and to lift up war itself from vulgar and drea-
ny business OF general hatchery TO II service of
glory, in which great souls may engage without
degradation and without deterioration. These
were the motives ~ which the principle was Inade
part at first OF the law of nations, aud every one
of them is a motive 10 give il the most expanded
application in the light of this better day. Sir, il
is one of the brightest glories Of civilization. Do
not cause it 10 I've dimned by II penurious and re-
luctant Interpretation and application To do so
would be 10 misconceive the direction in which
the world is moving do moi know when wars
shall wholly cease but believe, trust, that as
the world comes nearer to that time, il will regard
war more and more every day an enormous
A.