Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-23

I,,I, To
excent body of men, without color Of authority bear
~, nuskes aud doing the deed Of arson and death;
that i, - ipossble even for diplomatic ingenuity to
make il case Of legitimate war, or that It can pausi-
v claim TO come within any las Of war, public, private
mr. mi y.d Even the British Minister Is too just 10 call
!, var. The British Government do pretend II
war. -.
The result is that the fitting out OF the expedition
was an unwarranted act OF jurisdiction exercised by
the provincial government o. Canada over our ctzens.
The movements Of the bort had been watched by the
Canadian authorities from the opposite shore She had
been seen To visit Navy Island tie day before those
authorities, being convinced OF her del'nluehcy' sen
fenced her to be- burned-an act winch al c"hce'ieo
knew would seriously endanger the lIves o. our c'''
zens The sentence was, therefore, efui'aieh' ~
Judgment If death and body o soldiers were 'e' -
do the office Of executloners.
sLookinr at the case independently Of Brllieh power,
no one could hesitate IN assigning the proper character
10 such Transaction The parties concerned ha''ha
acted entirely beyond their territorial or MA
power are treated by the law ~ individuals poceeu
ing their responsibility II they have hu'he"'
IS arson if man has been killed, II IS murder.
sn the second place. deny that she can IN time Of
peace send her men into our territory, ana fehuei
them impcrr;ous TO our laws, rs embodyng theih aha
putting arms in their hands. She may declare war II
she clam the benefit of peace, as both nations maze done
in this instance the moment any OF her citizens enter
our territory they completely obnoxious 10 pu'
nishment by our law as i they had been born and al
WAYS resided in this country.
." will not therefore, dispute the construction "i,r"
counsel PM upon the language or acts OF England
test Tie law oiihc transaction, wl conclude that she
had, is act Of parliament conferred all the power
which be contcnded for ~ behalf 81 the lahadiah
authorities ir she could do 50. That, Tecilins
The danger from praca steamboats, she had authorized
any Colonel cf her army militia on suspecting lla
boat lying in our waters intended illegally 10 assault
,l,,, IA Cf sold
night time burn the boat and destroy the vcs Of tir
crew That such a statute should he executed; but 'ha
one OF the soldiers failing 10 make ms escape should pe
scd and plead the act Of parliament Such an ac'
would operate well admit Al Chpprw:, and niitil the
men had reached the thread Of the Niagara river IL
would he an mpenctfab!e shield l they should cross
tie line Of that country where parliament nave lur'sa,c
ton Beyond, need not say II must be considered
waste paper Even subsequent statute, ra'iIyih@ anu
approving the original authority, could add nothing !"
r protection proirrcdh y the first It would te but TIE
junction Of Two utilities 50 Mr. Locke Ton Gov
& > CHI II, sec 2}D Of king even III his own DO
minions ain whatsoever he has authority, there ne
is king, and may be resisted Tor whrresoevr' me
authority ceases the king ceases i"o ana becomes he
other men who have m authority shall not cite
books 10 sho.v that the Queen Of England has no au
ihory in this State, III a time 81 peace
~ viii suppose 4 stronger case; that England being
al war with France, should hy statute or by or"tr OF
the Queen authorize her sodiery u enter our territory
\
TIM any mischief agait=, i.er. Could onr OF her %"
dirrs indicted for the murder oi French citizen
plead such statute or order ~ bar II ne couid
not, as a stranger and soourncr IN cur land need mol
inquire whether the measure Of protection be due
TO Duriee our fellow citizen.
"Counse spoke rs If Schlosser had undergone sack
and It's body had become matter 81 bcgerent r.ht III
the snldicry Surely the magnations of counsel must
have been heated. II necessary to remind them
i ..,tf ltnt- n 4 m
SION that we are sitting administer the laws oil
country which was at peace with England when she
sent in her soldery. II they mean that the approval
and demand in Alr Fox letter should, under The law
Of peace have the sweeping effect which is claimed Tor
il, thew are bound 10 show that the royal mandate I'M
proves by importation The Queen has no power al
home 10 take away suspend, inr moment, The Ju-
risd;ction Of her Courts. Nor would command
10 discharge without trial who should he sus-
pcc,ed Of bavln. murdered her mesnest SUBJECT, be
deemed venial error
1--WE need not stay to examine the conclusion, VIZ:
want or lurisdic tou, II the premises Dc untrue. 10
warrant the destruction n property, or the taxing o.
life on the ground Of public war, Il must be what y
called lawful war, by tho law Of nations-a thing
which can never exist without the actual concurrence
Of tie law.uaking powcr.--'lhis the part of the
United States Is Congress- on the part OF England
the Queen. A state 81 peace and the continuance
ii treaties must be presumed b. all courts Of justice
I'LL the contrary BE- shown; and this - presumPilo
~
IN which such al officially declares tie contra
rs,
ago far were the two Governments OF England and
tie L. ;. from being in STATE ri war when the "a
roe was destroyed that both were struggling 10 AVOID
snch a turn 10 the excitement then preyan. on tile
frontier NJ might furnish the least occasion for war
Both had long maintained the rclatcls Of national
aml.y and have done ever SINCE under an actual
treaty So far from England fitting OFT warl;he
petition against the u. ), any public body, she ut
;crly d,savows any such object: while on our side We
have inflicted legal punishment the leaders Of the
expedition Of which Durre made part, on the ground
tia, Eng land then al peace with us
"One decisive test would be furnished by admitting
that DuT;ee had committed crime against England,
Tor which lie was liable and trial in Canada
None would pretend that any warrant from the English
nation could he used To protect Of hcr officers from
action Of false imprisonment, u he had merely ar
rested the offender on tins side Of the line No one
would pretend that military order. and the addition
Of the Queens soldiers and sailors would in such case,
strengthen plea Of Qualifications nor would the sub
srquen; approval Of the nation.
srhis would have no greater effect than the original
authority accordingly was not pretended On the ar
gum, that England had any right whatever 10 send
and arrest Dure fugitive from justice. The pre-
tence that she has any such right would have been
too absurd 10 bear the name OF argument. Nor - 4
pretended that her magistrates, clS or military had
any power within our territory 10 bind him
we cannot says ra,el, y =, Oh, ~, center tie ter.
r,,y Of n4on N pursuit Of criminal and take hum
from thence.
This is ssla, is caed violation Of territory; and
there Is nothing generally acknowledged m
injury that ought 10 be repellrd BY every State that
wond not sul,.r Itself Ia be oppressed
"rhe rule is loo familiar, as between the States
Of this comcderacy to require tia, j; should be insisted
n large.
"If It he not plan deduction from common sense,
m
power to harm the person property oI any one drop
ped from The hands oi Mcleod and his associates, The
moment they entered country with which their soye
reign was at peace No exception can he made con.
.lsen,ly with national safety Make !, IN favor Of the
subordinate civil authorities of nerghboring State,
and your territory open 10 It's consabes IN favor Of
their arv. let in its sodlsry. IN favor Of is
sovereignty, and 4 slave. Allow him 10 talk
If the acts and mach nations Of citizens, and send
his soldiers tine principle Of protection 10 burn thu
property To take the lives Of the supposed offenders,
and Won give up the midnight assault Of! exasperatcd
strangers the dwelling and lie Of every nhabant