Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-03-11

ted at night, and the French Minister wer
10 avow that they acted under the orders o
ms government, and that the vessel was s'pi
ratical, and the citizens murdered were out
iaws-then there is not an Englshman whos
heart would not beat high to avenge tn,
wrong, and vindicate the rights of his coun
try. The law there is the law here.-Ant
there is no international law consistent will
the separate independence of nations, tina
sanctions the pursuit of even pirates to muir
der and arson over the soil and jurisdiction o.
one OF the States of this Confectionery. NJ
greater wrong can be done to a country thar
invasion of soil. If it can be done withou
lmpunity at one point, and on one occasion, i
can be done at another, and the nation tina
submits to it, finally sinks down into drivel
ling imbecllity. If representation of the
state of things at Schlosser, and the conduc
of those who had control of the Caroline, had
first been made to the proper authorities of N
York. or of the United States, then thore
would have been some show at least OF re.
spect for our sovereignty and independence
and disposition TO treat US as an equal. Blu,
In this case, as if to treat our authorities with
contempt, there was no preliminary demand
nor representation made.
Ii was hoped that the outrage was perpe-
trated by a party in sudden heat and excite
ment, upon their own responsibility. But
the British Minister now avows that 1.-the act
was the public act ofpersons obeying the con-
stituted authorities of Her Majesty's Pro-
VINCE and again afiirms that sit was pub.
lie act of persons in Her Majesty's service,
obeying the orders of their superior authori-
ties"
IL this had been the first and only point OF
collision with Great Britain, it mig t not
have excited such interest-but there is an
assumption in most of our intercourse with
That great power, revolving to the pride and
spirit ci independence in free people. If it
be her desire to preserve peace, her true po-
icy would be to do justice, and show that
courtesy to equals which she has always de-
manded from others. The committee do not
desire to press views on this part of the sub
lect, particularly as demand has been made
by our Government upon the Government of
Great Britain for explanation as to the out
rage committed, the answer to which it is
hoped will prove satisfactory.
AS to the other points presented in the de-
mand made by the British Minister for the
Liberation of Alexander Mcleod, the Com
mittee believe the facts Of the case to be, that
the steamboat was seized and burnt as stated
before, and that citizen or citizens Of New
York were murdered in the aifray. And there
were reasons to induce a belief that Mcleod
was Pdrficeps criminiS. He was at first ar
rested, and upon various testimony being ia
ken, was then discharged. He was after
wards arrested second time.-Upon the evil
dence then presented, he was imprisoned to
await his trial. There was no invasion of
British territory to seize or take him. But
upon his being voluntarily within our terrific
ry, he was arrested as any citizen of the Uni
ted States, charged with similar offence,
might have been. We know of no law of
nations that would exempt man from arrest
and imprisonment for offences charged to be
committed against the ''peace and dignity" of
State, because he is subject of Great Bril-
tain, or because he committed the crime at tho
lnstlgation or under the authority of British
Provincial officers; much less do we know of
any law that would justify the President to
deliver him up without trial, at the demand
and upon the assertion as to facts of any a.
gent of the British Government. If we had
been at open war with great Britain, and Nc
Leod had committed the offences charged,
then he might have fallen under the rules and
regulations of war, and been treated as pri-
soner the United States Government, and
would have been subject to the laws of ma
lions In war. But as the alleged criminal
acts In which Mcleod is charged to be i'm.
plcated, were committed in profound peace,
1t is crime, as far as he may be concerned,
solely against the "peace and dignity of the
State OF New York, and her criminal juris-
dictlon is complete and exclusive. If the
crimes committed be such as TO make man
hostiS human genuS-an outlaw--a pirate in
the legal acceptation of the term, then, under
the law of nations, the United States Courts
and tribunals would have jurisdiction. But
the offence charged in this case, committed
as 1T was in time of peace, as far as this ndi-
vidual was concerned, was one purely agains
the lee loci, and coming exclusively within
the criminal jurisdiction of the tribunals OF
New York.
The Minister, in his letter of the 18th of
December, 1910, says: cit is quito notori-
GUS that Mr.. Mcleod was not one Of the party
engaged in the destruction of the steamboat
Caroline; and that the pretended charge upon
which he has been imprisoned rests only up
on the peUured testimony of certain Canadi-
an outlaws and their abettors," &c. This
may perchance all be so; but it would be
asking great deal to require an American
court to yield jurisdiction, and surrender UT
a prisoner charged with offences against the
law, upon the mere ipSe dirH of any man
no matter how high in authority. Whether
Mcleod be guilty or not guilty, is the very
point upon which an American Jury alone
have right to decide. Jurisdiction in Stat,
tribunals OUer criminal cases, and trial by q
jury Of ucnue, are essential points in Amer
can Jurisprudence. And it is a total misap
prehe nsion as to the nature of our system, tc
suppose that there is any right IN the Fedora
Executive to arrest the verdict of the one, o.
thwart the jurisdiction ofthe other. If sucl
power existed, and were exercised, it woult
eflectually overthrow, and upon vital point
the separate sovereignty and independence o
these States.
The Federal Executive might be clothed
with power to deliver up fugitives from jus
tice for offences committed against a foreigl
State, but even then itmight not be obligator,