Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-03-02

our soil it fell under our sovereignty, and
no power on earth could rightfully invade 1t.
There is no doctrine more concentrated
in English history, than that every human
being who touches the soil OF Great Bril-
tain. is Immediately covered by British
law. Suppose one Of her vessels were cut
from the bank Of the Thames and burnt
by Frenchmen, and British citizens were
assassinated al night, and the French Min
lister were TO avow that they acted under
the orders Of his Government, and that the
vessel was pratical, and that the citizens
murdered were outaws-then there is not
an Englshman whose heart would rot beat
high TO ayenge the wrong, and vindcate
the rights of his county. The law there
is the law here. And there is no interna-
tional law consistent with the separate in
dependence of nations, that sanctions the
pursuit Of even pirates to murder and mr.
son over the soil and jurisdiction of one Of
the states of this Cenfederacy. No great
ter wrong can be done 10 q country than
invasion Of soil. If it can be done with
impunty at one point, and on one acca-
sion, il can be done at another, and the
nation that submits to it, finally sinks
down to imbecili;y. If representation of
the state Of things at Schlosser, and the
conduct Of those who had control over the
Caroline, had first been made to the pro-
per authorities Of New York, or of the u.
States, then there would have been some
show at least of respect for our sovereign
ty and independence, and a disposition to
treat US as an equal. But in this case, as
If to treat our authorities with utter con-
tempt, there was no preliminary demand
or representation made.
1t was hoped that the outrage was per-
petrated by party under the heat of OK
element, upon their own responsibility
But The British Minister now avows that
"the act was the public act Of persons
| obeying the constituted authorities of her
Majesty's PROVINCE" and again affirms
that s. twas public act Of persons in her
| MaJesty service, oboyi"s the orders Of
their superior authorities.
If this had been the first and only point
Of collision with Great Britain it light not
have excited interest but their is an as
sumption in most of our intercourse with
| that great power, revolving to that geat spi-
rit Of independence in asfree people. If it
| be her desire to preserve peace, her true
policy would be to do Justice, and show that
courtesy to equals which she has always
| demanded from others. The committee
do not desire to press views on this part
of the subject, particularly as a demand
has been made by our government upon
the government Of Great Britain for ex-
! PLANTATION as TO the outrage committed, the
answer to which it is hoped will prove sa-
| tiSfactory.
AS to the other points presented IN the
demand made by the British Minister for
the liberation Of Alexander Mcleod, the
committee believe the facts Of the case to
be that the steamboat was sezed and burnt
as state d before, and that citizen or
citizens Of New York were murdered in the
atirav. Andthere are reasons to induce abe
lief that Mcleod was particeps criminis.-
He was at first arrested, and upon various
testimonies being taken, was then dis
| charged. He was afterwards arrested
second time. Upon the evidence then pre-
scented he was imprisoned to await his ri
al. There was no invasion Of British ter
ritory to seize or take him. But upon his
being voluntarily within our territory he
was arrested as any citizen Of the United
States, charged with similar offence might
have been. We know Of no law of ma
lions that would exempt a man from arrest
and Imprisonment for offences charged TO
be committed against the ''pesce and dig
nifty" Of a state, because he is q subject of
Great Britain, or because he committed the
crime at the instigaton or under the au-
thority of British provincial officers; much
/ less do we know of any law that would jus;
| tify the President to deliver him up with
out trial, at the demand and upon the as
serton as TO facts, OF any agent Of the Bri-
fish government.
If we had been at open war with Great
Britain, and Mcleod had committed the
offences charged, then he NIGH: have fallen
under the rules and regulations of war,
and been treated as prisoner of the Uni
ted States Government, and would have
been subject to the laws of nations in war.
But as the alleged criminal acts, in which
Mcleod is charged TO be implicated, were
committed in profound peace, it is crime
as far as he may be concerned, solely
against the "peace and dignity" Of the
State of New York, and her criminal iu-
risdicton is complete and exclusive If
the crimes committed be such as TO make
a man hoStiS hunani genus an outlaw-a
pirate in the legal acceptation of the term.
Then under the law of nations, the Tinted
States court and tribunals would have iu-
risdlctlon. But the offence charged in This
case, committed as il was in time of peace
as far as this individual was concerned,
was one purely against the lex loci, and
coming exclusively within the jurisdiction
OF the tribunals Of New York.