Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-08-03

} lawful act Of majesty, as contend for BY
Mr.. Fox, since The transaction was then
lawful Gb iaitiO, and required no royal
t recognition, which is not pretended on
$ either side
7. That regarding Dulfee, as tbs enc
my of England, who had taken shelter on
! the neutral territory Of the United States
she had no right, on any preenc ,tt Ut
sue him beyond her own limits, without
violating the rights of the neutral nation.
8. That the transaction in which Nc
leod was engaged, is not 10 be justified
on the ground of eEdelence and neces.
sty, as no such necessity can be proved
10 have existed, the Caroline mol being
in the act Of making an assault upon
Canada. nor in condition to make one.
As well might man who walks half
mile, to kill his neghbor in bed at mid
night, because he suspected him Of mid
night injury, plead necessity as all excuse.
g. Tha! the fitting Of out the expedi-
ton under Capt. Drew, was an unwar-
rantabIe usurpatiou of authority on the
part the Provincial authorities
Speaking of the right of Mcleod un-
der The sanction Of tho British Govern
ment, TO enter our territory, the Judge
says -
"lfit be not plain deduction from
common sense, yet, on principles in
which publicists agree, all right
fu power to harm tho per-
son oil property of any ono dropped
from the hands of Mcleod ard his asso-
ciates the moment they entered coun-
try with which their sovereign was at
peace. No, exceptions can be rade
consistently with national safety. Make
it irkfavor of the subordinate civil author
tiles of neghboring state, and your ter
rtory is open TO its cnnstabes; in favor
Of their military, you let in its soIdery;
in favor of its sovereign, and you are
slave. Allow him to talk of the acts
and Vaccinations Of our citizens and
send over his soldiers on the principle of
protection, TO burn the property or take
the lives of the supposed offenders, and
you give up TO midnight assault of exas-
perated strangers the dwelling and life
Of every lnhabitant on the frontier whom
they may uspect Of n disposition TO aid
their enemies. Never since the treaty of
1888, had England, in time oepeace with
us, an more right TO attack an enemyat
Schl0sser, than would the French have at
London in time of peace with England"
Again. "The Caroline was not in the
act of making an assault on the Canada
shore she was not in condition to make
one; she had returned from her visit TO
Navy Island, and was moored in our own
waters for the night. Instead of meeting
her at the line and Tepelling force by.
force. the prisoner and his associates
came out under orders to seek her wher-
ever they could find her, and were IN fact
obliged to sail half she width Of the Mia
CARA river,after they entered our territory
in order to reach the boat. They were.
the assailants; and their attack might
have been legally repeIled by Durfee ev-
en- to the destruction of their lives"
"The case made by the afidavit-is 10
principle this;a man believes that his
neighbor is preparing to do him personal
injury. lie goes half a mile to his
house, breaks the door ard kills him in
his bed at midnight. On being arraigned
he cites the law Of nature; ;and tells us
that he was attacked by his neighbor, and
fslew him upon the principle OF mere de-
4 fence aud prevention; or, in the language
of the plea, for an assault demesne--' he
made an assault upol me, and would
then and there have beat me, had l not
Immediately defended myselfagainEt him
] wherefore ! did then and there defend
myself as might for the cause aforesaid
and in doing SO did necessarily unavod-
ably beat him, doing him on such occa-
sion no unnecessary damage. And II
any damnge happened it was occasioned
by his assault and my necessary de
fence"
y
England then, could legally impar no
protection to her subjects concerned in
the destruction Of the Caroline, either as
party to any war, 10 any act of public
jurisdiction exercised by way of defence
or sending her servants into territory a
peace. That her act was one of mere
arbitrary usurpation was not. denied OF
, the argument, nor has this, that am a
ware, beendenied to any one excep
England herself | should net there
C fore, have examined the nature Of tn,
d transaction 10 any Considerable extent
had Il not been necessary to see whethe
# il was Of character belonging 10 the las
G Of war OF peace. am entirely satisfe'
it it belongs to the latter; that there is nc
>, thing in the case except body Of mer
;. without color Of authority, Y,bearing musket
and doing the deeds of,afson aud death
,e that It IS impossible even for diplomati
a ingenuity TO make it a case of legitimat
.Nel. ,Lnt a cnn nlanaihIu clnirn !