The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-16
HOUSE OF REPRESENTATIVES.
SATURDAY, February l3, lsil


Mr. CLIFFORD moved to suspend the rules fol
one hour to 90 into Committee of the Whole on III,
bill reported from the Committee on Foreign Affair,
yesterday by Mr. PIcKgNs, making further appropri
ton for exploring and surveying the Northeastern
boundary.
The question was put and the rules were suspend
And the House accordingly resolved itself in's
Committee Of the Whole on the bill. Mr.. BANKS, Q
Virginia was called to the chair of the Committee
MIR. UNDERWOOD moved TO amend the bill b,
reducing the appropriation from $75, 600 to ~ 300
Mr. PETRfkIN moved to amend the amendment
by striking out $37, 500 and inserting $2OlOOO
Some discussion followed, directed mainly to thu
proper extent Of the appropriation in which Messrs
Albert Smith, Underwood, Gushing, Itawes Petri
kin, Pckens, Tiinghast, and Vanderpoel (the latte
of whom suggested compromise Of S5OOO0, Partici
pated.
Mr.. PROFIT was proceeding TO make some re
marks when the hour having elapsed, the Chairman
announced the fact and the committee thereupon
rose, without action, and reported progress
ALEXANDER MACLEOD, AND THE
STEAMBOAT CAROLINE
MIR. PICKENS from the Committee Foreign
Affairs, made the following report, which was ordered
TO be printed:
The Committee ON Foreign Affairs TO whom was
referred the Message of the President transmitting
correspondence with the British Minister in relation
10 the burning of the steamboat Caroline and the de
mand made for the liberation Of Mr.. Alexander Mac
Leod, respectfully report
It appears that the steamboat Caroline was sci
zed and destroyed in the month of December, 1887.
The Committee are induced to believe that the facts
of the case are as follows: The boat owned by,
and in possession of citizen Of New York. She was
cleared from the City of Buffalo, and on the morning
of the 29th of December 1887, she left the port OF
Buffalo bound for SchIosser upon the American side
Of the Niagara river, and within the territory Of the
United States The original intention seemed TO be,
10 run the boat between Buffalo and Schlosser, or,
perhaps from Black Rock dam to Schosser and
should il seem profitable it intended TO her al
so to Navy Island, and touch at Grand Island and
Tonawanda Her owner MI. Wells said to be
respectable citizen Of Buffalo, and iii obvious, his
intention in putting up the boat was one Of specu'a
ton and profit entirely. The excitement upon that
portion OF the frontier this period had collected
great many in the NEUTRALITY-SUSPICIOUS. from curiosity
some from idleness-and Others from taking in
in the unusual and extraordinary collection of
adventurous men gathered together at that time
Navy Island. Navy Island was nomlnay" in the
British territory"
The owner of the Caroline took advantage of those
circumstances to make some money with his boat by
running her ferry boat over to Navy Island All
these facts appear from testimony regularly taken (see
III. r. Doc No 302, page As and 80, I'd Session, 18th
Congress, and the committee know of no legal evil
dence to contradict them There is proof that any
munitions of war were carried in the boat ex-
cep perhaps, small six FOUNDER field piece belong
ing 10 a passenger. The principal object was 10 run
the boat ferry boat from Schossei on the Ameri-
SIDE to Navy Island, on the British side. 1t is
believed that, even in war, neutral power has the
right to trade in contraband articles subject of course
seizure and coniscaton, if taken within the iurs
dicton of either of the contending parties What is
contraband of war not always certain Treaty stip-
ulations frequently include articles and exclude
others recognised in the law of nations Trading in
contaband articles Is for invading the terri
tory and soil of neutral and independent power
whose private citizens may choose to run the hazards
of such trade. In this instance there were no foreign
powers engaged in war but all concerned in the out
break or excitement within the British jurisdiction
claimed to be British subjects, in resistance Of the au-
thorities of Canada province of the British etnpire
Even admitting, then, that the Caroline was engraved
in contraband trade, yet il was with citizens who
claimed to be subjects of the same empire with those
who were styled the legitimate officers Of the Province
Abstractly speaking, how was a private citizen Ia 4 !
eide who were right and who wrong in those local dis
putesl And which portion of citizens Of the same pro
vince must our citizens refuse to have any communca
ton with But the boat was merely used for one da,
as Terry boat and on the night of the day she com
menced running, she was seized while noored nj IN,
wharf IN Schlosser, and burnt Several men were az
sassinated certainly one who fell dead upon the dnck
Now the insinuation of the British Minister tha
Schosser was nominaly within the territory of tn
United States may well be retorted as we can Will
equal truth say that Navy Island was "nominallv
within the territory Of the British Government,
for at the period to which aude the people coIlec,
cd there had as e6ectually defied Canada authorize
as any portion Of our people had disregarded ours We
British authority thought proper TO pass by Nav
Island, then in its nominal territory and in III
penltude Of its power, to cast the gs of British ia
ing over us that Kind gu6ruTansh truly extend
the AFFINITY at that time to extend to portion of tbci
own territory, and which recommends itself To ne ri
as much from ITS assumption from its love Of rich
or law 'e
The British Minister is pleased also to call The ca
roline a "pratcal steamboat" The loose ep;tbe,s J
any one no matter how high in place cannot max
that piracy which the law OF nations does not recon
Mise as such. Pirates fare freebooers enemies of ri
human race and eminent jurists describe them as "a
Nsging every sea and coast with no flag and no home
PIRACY comes under the jurisdiction of al
naions Even In the worst point of view that il ca,
he considered, those connected with the steamboat Ca
roine were but aders and abctors Of others engage,
IN rebellion And the committee are totally al los
TO know upon what authority rebellion is recognize,
us piracy. Such confounding Of terms is resting IN
case upon epithets, instead of sound law or facts Bin
even supposing il TO be "piratical boat" as the Mi
mister asserts II TO be, yet the moment il touched on
son 1t fell under sovereignty and no power or
earth could rightfuy invade it.
there IS no doctrine more consecrated in English
history than that every human being who touches Tho
son OF reat Britain il Immediately covered by British
law. suppose one her vessels were cut from the
hanks OF the Thames and burnt by Frcnchmen and
prusn cihzens We're assassinated al night, and the
rrehcn Minister were TO asow that they acted under
The orders of his Government and thai The vcssaI
was 'pracal,n and that the citizens murdered were
outlaws-then there is not an Enqlishman whose
heart would not beat high TO avenge the wrong and
vindicate the rights of his country The law there
IS the law here. And there is no international Law
consistent with the separate independence OF nations
that sanctions the pursuits of even pirates 10 murder
ans arson over the soil aud jurisdiction OF one of the