The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-09
From the ". Y Times
THE CASE OF McLEOD-THE BURNING
OF THE CAROLINE

Mcleod like any other individual, if he burn
steamboat and kill man intentionally, within our
territory, is guilty Of crime and liable be punished
by our laws in the same manner that of our
citizens might be punished for the same offence
If however, the act be perpetrated under the auho-
rity and by command Of another government it
TO be crime in the individual who the instrument
Of his government and country seek redress
from the government under whose sanction the deed
done.
To apply this princp le-our government had a
right to tIeat Mcleod a criminal. The British
government having, however, now avowed and sane
toned the act, Mcleod longer be Justly -eated
criminal, but should be set at liberty
Vatel says, ''the sovereign who takes without
lawful cause, can absolutely have kind of right;
all the hostilities he commits unjust
'He is chargeable with all the evils all the horrors
the war; all the illusions Of blood the desolation of
families the rapne, the violence, the Tavages, the
burnings are his works and his crimes. lie is guilty
towards the enemy, of attacking Expressing and
sacreing them without guilty towards his peo
pie Of drawing them into acts of injustice; exposing
their lives without necessity, without reason, towards
that part of his subjects whom the ruins, who
great sufferers by it. of losing their lives their for
tunes, or their health
| Again. zone nation ought not only TO be far from
usurpng the territory of another they should also
spect it, abstain from every act contrary to the rights
OF sovereign; for foreign nation claim right
| TO it.
| They cannot, then, without doing injury to the
State enter sword in hand into his territory pursuit
of criminal and take him from them. This is, at
the time nuing the safety OF the State and Of
tending against the rights ofthc empire the superior
authority ofthe sovereign. This is Thdt is called
rioidtion Of Territory; and among nations there is
nothing more generally acknowledged injury
that ought to be repealed with vigor by every state
that would not suffer itself to be oppressed
This violation of Territory is treated Of BY Vatte
as national act, and the party who commits the vio-
lation is to be treated as enemy waging unjust
war He u.s. says Vattel, bound 10 repair the
o tn mn Ike a he evil he
not irreparabe. But to the rcparation of
any damage, the military, generals officers and
soldiers, in conscience obliged TO repair the injuries
which they have done, not from any ill-wi of their
own, but as instruments in the hands of their soye
reign? On all occasions susceptible of doubt the
whole nation, the individuals, and especially the mill
tdry refer 1t to those who govern, TO the sovereign
and are obliged TO II by essential principles OF political
society and OF government How would public at
fairs be carried on if at every step of the sovereign,
the subjects to weigh bis reason 7 Prudence
sometimes does not admit that a sovereign should make
known his II is the duty Of subjects to sup
pose them wise, while full and absolute evidence
docs not tell them to the contrary The sovereign
alone is bound to repair the injuries The subjects,
and particularly the military, innocent, they have
acted only from necessary obedience. Government
would he mprac'icabe if every of its instruments
were to weigh It's commands, and thoroughly
their justice before they obcyed them. But it, for
the weaIe of the state, they to suppose the
regns orders to be just they To he responsible
for them While, therefore, the attack upon the Ca
roIine considered the of Mcleod, (supposing
him to have been presently not avowed by his govern
ment, it right that he should be made responsible
individually for the act, and be held liable to punish
ment a volator of our laws But when his govern
ment avows and justifes the act, his individual liza
bity ceases, and claim for redress for the viola
ton of our territory the destruction of property, and
the killing of n citizen, is against Great Britain.
In this lightthe matter seems to have been viewed
by Mr. Forsyth He justiies the proceedings against
! Mcleod, expressly on the ground that England,
though called on long since TO avow or dsavow the
alleged outrage had not assumed any responsibility
in relation thereto
| In such a state of the case Mr. FORSYTH saws the
laws Of the state OF New York have their course
and be interfered with by the general govern
mcnt.
1t is generally understood that Mr. Forsyth's letter
discaimed any authority the part of the general
government TO interfere with the proceedings in the
courts Of New York under any circumstances
IL the letter of tbs Secretary admits of this con-
struction he is most certainly wrong.
Suppose that during the last war with England
British officer, who had attacked and burned Buffalo
had been indicted ny grand jury Of Niagara county,
for murder and arson, and had afterwards been ar
rcstedwoud the Secretary Of State in such case say
that New York was sovereign and the General Gov.
eminent had no power TO interfere 7 Certainly not
The State Governments are TO a certain extent So
vereign; but their sovereignty is restricted 10
leave with the general government all the authority
necessary TO adjust all difficulties with foreign powers
upon the usual principles which govern the intercourse
OF the nations of Europe
II a small military expedition unde taken in France
should enter an English harbor attack a vessel Of
subject Of Qdeen Victoria, kill man on board and
burn the vessel, and an individual Of the EXPEDITION
should after wards be arrested in England md indict
cd for and murder, and France should demand
the release Of the prisoner England might say as did
Mr. Forsyth he Is in the hands OF the law from which