New-York tribune., 1841-07-14

INTO the territory OF nation peace The Opinion he
proceeds
To apply hese authorities The adavi, OF Mcleod sug-
sests iha; Duee mad The day beore he Killed aided
transporting military Navy Island and surrses
thar ne intended The practice. pu; again ta;
the war am, by England against hin and MS asso-
cises-aoi against the United States. But wnat right
again ask, mad she pursue MIN ats territory az peace
That she had have shown from her Judge sitting
n the forum OF nations, from oEe OF Our judges - the IKE
forur from authoritative pubcsts, and from al antiquity
have shown that even punc faith felt itself bound let
enemy 20 free whom accidentally met aeutEa! ground
Within me territory OF nation q, peace, all begersnt
power all belgereu III Para!yzed IheT haTe passed
from the dominion OF arms that OF s No Violence can
se offered saws Grotius; You proceed judi
cia wav" The only offence against law which DuEiee
had committed ia setting foot hostile expedition
agai-s, England with whom we were at peace 50 'aT
admit ne guilty according TO the suggestion OF Mcleod
aiarit. He had made himself principal IN the sgErssioa
Of Mckenzie and others accessories in Eals-
derneanor The courts open. Why did not England
prefer her complaint Was competent tor her 10 aege
that Justice mid ardy and therefore sub
s,i,ue the ebrand and rusket To admit such night OF
interference any ground in any way says Marshall
euld be proportional dninution of Sovereignty OF
which Judicial power makes part " ne law OF nations
saws Rutherfoh the only measure OF what Is rght
or wrong in the Intercourse OF with each other EveTy
nation has right by positive law upon what
occasions for wha purposes and IN what numbers foreigners
shall be allowed come within It's territories tIh- b. =
ch. 9. sec. B. Vatte, b. ,, en-. {, sec. "a
Il follow. from the authorities cited that right TO carry
on mixed war never extends the territory Of alton
peace Il can be exercised the high only, or IN a
;erory which vacant and belonging to nobody Ii IS IN
maern law confined mainly the case OF pirates But
ev these be ested in the territory o; foreign ma
tor at peace with the sovereign of the arrest'ns ship Mo-
10y de jur. Mar B. /, ch /. ch. l, 6.
But admitting that England might protect man against
our jurisdiction by saying he did public act under her au-
,hotv does no; beove her least show that she was
acting within the limit OF her jurisdiction, especially
where she has prescribed them to herself Shall her de-
caaton serve deprive Of power where she exceed
ing her own And this brings TO inquire whether the
transaction question be such any national r1ght So Tar
examined can She puts herself have seen
on the law of defence and necessity and nothing is better
defined nor more familiar any system Of Jurisprudence thar
the uncture of circumstances which alone tolerate the
action OF that law force which the defender has right
10 resist must itself within striking distance 1t must be
renacing and apparently able ntct pRysIca! injury IN
less prevented bv the resistance which he opposes. The
rights Of scdcience and defence OF others standing IN
certain relations the defender depend on the ground
at least they are limited BY the principle. IL will De
sufficient therefore inquire of the right far this Is
strictly personal Al writers in the language OF
Blackstone l3 Com that, warrant Its exertion 81 all
the defender be tociby assaulted he may then rePe
force by force because he what length OF apne
cruelty Outrage may be carried unless adms
sibe to oppose violence with another But he adds
be uken that the resistance docs exceed the
of defence and prevention for then the defend
would himself become the aSSreSsor l Conuioh upoi
which the right is thus placed and the limits 10 which IT.
exercise is confined BY this writer enough OF it
self when compared with McLeods affidavit, to destroy al
color for saving the within that condition The Car
onc was not in the of making attack the Canad:
shore .he not condition make she had re
turned from her visit Navy Island and moored in
own waters for the night Instead Of meeting her the linz
and repeng force BY force the prisoner and his associate
came OUT under orders seek her wherever they could hnc
her and were in fact obliged sail half the width vt tn,
Niagara River after they had entered our territory IN orde
reach the boat They the asalants and their At
tack might have been legally epeled BY Duree 10 t
destruction of their lives. The made by the affidavit
in principle this believes that his neighbor pepar
ing do him personal injury He goes half mile 10 nj
house break, the door and kills him bed midnig ght
On being arragned he cites the law OF and tells
that he attacked by his ncghbor and slew him on tn
principle of defence and prevention IN the anguag
Of the plea for assault demese- he made an assault
upon me and would then and there have beat had
Immediately defended myself against him. wherefore d
then and there defend myself lawfully nigh for tn
aforesaid and in doing did necessarily and una
voidaby beat him. doing him such occasion unneces
sary damage And if any damage happened It was occa
stoned by his assault and my necessary defence
ITO excuse horsicde in selfdeence, says another Eng
lish writer the act be premedtated He mus
first retreat as he safely avoid the vioenc
threatened b. the party whom he is obliged 10 KILL n
retreat must be with honest intention to escape and
must flee he conveniently by OF some I'M
p.dimen, or as far OF his assassin will per
/
mi, him. aud then hs defence he may Kill his adversary
| ! Russ or, 544
Such is the law of mixed neutral ground. Th
books cited are treating Of technical rule
cuiar I. the common law but the law OF and Of ma
tons the same everywhere OF such paramount Pnce as n
municipal international law could ever overcome and in
elsibe TO every living soul Il. easily applied both
between individuals civil society and nations at
Passing the boundaries of strict rot fanced necessity IN
remedy lies u t BY the State citizen whose rights have
been oa-d or by demanding the person OF the mischiev
ous fugitive who has broken the criminal law OF foreigT
sovereign Accordingly, Puff endoF after considering IN
RIGHTS of priya,e war in state of nature adds: But W,
must by no means allow equal liberty TO the members
civil States For here If the adversary be foreigner We
may resist and repel him any way at the instant when ne
egn command either assault him whilst his mischief is on
in achnaon or revenge ourselves up-n him after ne ha
performed the injury against US Puff b. :, ch. sec
The soyerepns commands must as we have seen order
to warran, such conduct his ssbect, be declaration
England then could legally impart protection to heI
bec, coccarned in the destruction the Caroline, ehc