Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-02-26

preposterous in the extreme. The fact that the
Offences were committed under the sanction Of pro-
vincal authorities does not alter the case, unless we
were in q state of war;
In such cases rs the present. the power to deliver
up could not be conferred upon the Federal Executive
by treaty stipulation. 1t could only be conferred in
those cases over which jurisdiction is clearly delegated
by the federal Constitution. Such, for instance as
treason which is an offence against the conjoned SOW
ercignty OF the states defined in the Constitution.
Over all cases except those defined in the Constitution
and those coming clearly under the laws OF nations
the states have exclusive lrsdctlon and the trial and
punishment for offences against them are incident to
their separate sovereignty 1t is not pretended IN this
case that there any treaty stipulation under which
the demand IS made; and the federal Executive under
our system has no power but what is conferred by
the Constitution, or by special law Of Congress. In
the former it is declared that "the Executive power is
vested in President ofthe United States" and that
power is then to be pointed out and defined by special
laws passed from time TO time, imposing such duties
as are thought proper and expedcnt by Congress.
Your Committee deem il dangerous for the Execu-
tive to exercise any power over subcct-mater not
conferred by treaty by laws and to exercise it in
any in conflict with state jurisdiction, would be
worse than dangerous it would be usurpation.
But your committee forbear TO press these points
further at present. and they would not have said as
much such clear questions of international law but
that in this case the demand for liberation has been
made by the accredited agent of great power and
undercrcumstances ofpeoular aggravaton and excite
ment.
we nave Otncr points Ot UIlcrcncc WIFI trCHt
| ain, which add interest 10 every question that arises
between us Mt present. Neither our Northeastern
Northwestern boundaries are yet settled with her,
and the subject is not entirely free from difficulty
She has recently seized vessels and exercised q
power inrolrinr The right ofsedrch, under the prctext
of suppressng the foreign slave trade which if perso-
vcrcd ln viii sweep our commerce from the coast OF
Africa, and which is Incompatible with our rights as
maritime power She has recently in her intercourse
with us, refused indemnity and denied rights 10
property, a subccmacr vital to one half the
States of this confedcracv, and which, considering her
military position at Bermuda and Der growing power
in the West indies is of the last importance TO our
| tiona independence.
All these subjects make every question between us
at this peculiar juncture, of the deepest interest
Besides this, we arc both permanently destined to
have perhaps, the most extensive commerce of mod
ern nations Our flags float side by side over every
| sea and bay, and inlet ofthc known globe.
She moves steadily upon her objects with an amb-
! ton that knows no bounds; and wherever she has
had conflict of interest," she has rarely yielded to
| any Power.
At this moment she presents to the civilized world
the spectacle of the greatest military and commercial
| power in combination ever known.
From her vast pos csslOns IN every quarter OF Tho
globe and her peculiar commercial system, she has
been made the reservoir of the wealth Of nations.
Her internal resources, skill labor, and machinery
with her capital are Decentralization. Her natural
! position beng about midway the coast of Europe
gives her great control the outlets and currents
| Of commerce.
! Her military occupation Of Gibrater Malta the
Ionan islands, and recently of ST Jean d Acre
gives her asccndancy on the Mediterranean and tho
! I.cvant, while st Helena and the Cape of Good hope
give her possession over the currents of trade along
those ytcnsive coasts. Then Bombay, Calcutta ant
| her immense possessions in the East Indies together
with her recent movements in the China seas anC
! islands enable her TO extend her power over those
regions that have slumbered for ages in solitary
| and cncryacd maqnificence. She possesses Falk
land island but To control the commerce that passes
f'.,Ip al utyt
desires N the Caribbean Sea. Hlhfdr ~ one point
and bermuda at another, stand ont in great force
over our own coast from one extremity to the other
Her positions all over the world are at this mo
mcnt, in a military point Of view, equal to a million o
! men under arms. Her continual conflicts in tn,
mighty regions of the Fast only enable her officers tC
become slul and 10 improven the art of war, while
her great armies and extensive fleets draw Their sup
port from the immense countries seized and occupied
In the present uncturc of affairs, no statesman car
overlook these things Steam power has recently
brought near together that, IN the event of
future conflict irqr Nth lis Effects will be preciptat
ed upon US with much more rapidly than formerly.
Ayarco and ambition are the ruling passions ofmOd
times, and is vain 10 shut our eyes 10 the STATE
of things around u.s. 1t remains to be seen what eff
feet steam power is to have upon changing and mod
fyina the whole AIT of defence and war 1t may be n
great engine for again evcllng mankind and reduc-
ing every thing to a contest Of mere phys force
In tina, event il might be difficult 10 con lecture wha
system Of national defence ,riH stand The test o
time and experience.
We havea deep stake in peace, and fondly hope tho
rcpose of the world will not be disturbed. We hav,
certainly not the least desire for any rupture. Firm
ness, and wise preparation, will long preserve u
from uch a ca'astrophe But while no temptation
should ever prompt do injustice the one hant
50 no consideration on the other hand should evel
induce us to submit to permanent wrong from any
power on GARTH no matter what tie consequence
may he.
Your committee would conclude, by expressing
firm belief that all our points of difficulty may b.
honorably and amicably adjusted, and tina, harmon,
NAV long he preserved, by both governments pur
suing liberal and generous policy, congonla to TN
interests and feelings ofboth people, and compatible
with the spirit and genius of and enlightened age.