Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-22
TWENTY-sEvENTH CoNGREss---lst sess.
DEBATE IN THE SENATE.
TIE CASE OF MCLEOD.


TIE CASE OF Mcleod
1hmsdGy June 10, lSIl.
MIR. RIVES once more renewed his motion, that so
much Of the Presidents Message relates to Foreign
Affairs be referred TO the Committee on Foreign At
fairs.
Mr.. BUCHANAN thereupon rose and addressed the
Senate observing, that when he had first read the cor
respondence between the British Minister, MIR. Fox,
and the American Secretary of State lie had at once
determined to make, upon the first fiji opportunity, some
observations upon that correspondence IN the lace OF
the Senate and Of the country He regretted that in
finding fit opportunity, there had, contrary to h's own
inclinatons, been so much delay but, having al
length found it, he would accomplish his original pur.
pose, and would do II with much brevy as possible
promising, however that he should no, have thought
of such proceeding upon this mere motion OF refer
ence had the example been set and precedent es-
ablished the las, OF Congress by the present
Secretary of State.
lie must be permitted 10 make remark, by way
Of preface and that was, that if he knew himself he
was not actuated in this matter, by any thing like
party political feeling. He trusted his construction Of
some portions Of the correspondence, in question,
might prove incorrect for, though he acknowledged
himself 10 be party man, and strongly influenced oy
party feeling it had been his endeavor never to carry
that feeling with him into the Committee on Foreign
Relations, (of which he had for many years been
member,) and he trusted that he bad given sufficient
evidence of this by his that committee. Yet,
he firmly convinced that proper regard for the
American character, both at home and abroad. re-
qured that commentary should be made on these
papers, he had, upon reading them, determined, at
once, that the commentary should be made by him
without fear but with respectful regard to the feel
ings of all parties
He had been asked, what objection could be made
the letter Of the Gath of April last lately published,
from Mr.. Webster, Secretary OF State 10 MIR. Fox
There was little indeed much very much that It con-
tanned, had his cordial approbaton but, unfortunately,
that letter had little nothing to do with the substance
of the matter IL did not make its appearance until
nearly weeks after the important business between
the two Governments had been transacted 1t was
the letter Of the British Minister of the 18th of March,
and the instructions of the Secretary of State to the
Attorney General of the United States, of the 18th of
the same month, which contained the true merits OF
The 1t that letter OF instructions, copy OF
which had doubtless been communicated to the British
Minister and had been openly referred TO in the British
Parliament it those Instructions especially, which
lay at the root Of the question. On these two papers
of the 18th and 10Th March, public opinion had been
formed we'll in England here and what came
limpng along, weeks after, however just and how
eloquent it might be, could exert but little or no
influence either in Europe or in this country.
To understand the merits Of the brief recapitu
aticn Of facts was necessary rebellion, said Mr..
b., if you please, attempt at revolution, existed
in Canada during the OF which, the insurgents
took possession OF Navy Island, in the Niagara
A British militia force of two thousand men emf
bodied at Chippewa, the Canada side of the river.
The American steamboat Caroline after having car
red provisions to the insurgents Navy Island flor
believe that the fact,) together with probably
single cannon lay at anchor after her trip fastened 10
the wharf at Schlosser, small village VIGOROUSLY
within the jurisdiction of the u. S., under the sacred
Rgis Of our protection. And the country must be
10 itself and to its citizens, which would not,
until the very last, maintain and vnd'ca;e its own ex
elusive sovereignty over its soil against all To-
reign aggression.
There lay this vessel in American waters, under the
guardianship OF our sovereignty and OF the American
flag; but this afforded her protection. What hap
pened the night of the Goth Of December, 1877
Colonel Allen McNab u name famous in history,
IN command of the body Of militia at Chippewa, and
Captain Drew, of the British Navy, who believe has
SINCE been pensoned for his gallant exploit undertook
raise body Of volunteers and, by way of charac.
terlzing the nature OF the service they were to per-
form, declared that he wanted fifty sixty desperate
fellows no would be ready to follow him to the devil
Under the command of this Colonel McNab, now Sir
Allan SlcNab (for | understand he has since been
knighted by Queen Victoria this Lody Of passed
down the Niagara river at the dead hour of midnight,
without previous notice. and Mi,iir the people board
ofthe Caroline lay reposng under the protection of
American laws, and made attack unarmed men
VINO we're private citizens not connected IN any way
with the resistance TO British authority, and murdered
al least one OF their number within the American ter
'toy These barharians, regardless Of the lives of
those who may have renamed On board, unmoored the
boat lowed her out into the middle Of the rver where
Il swift and irresistible current soon hurried her down
the falls of Niagara and this hour it is known
how many American citizens pershed in that fatal
night. This is no fancy picture.
Now, az TO the principle OF the law of nations which
applies to such case, that pure patriot and eminent
urist John Marshall has expressed with grea, force
and clearness. He says, that,
"The jurisdiction Of n naiion within its own terrific
ry, is exclusive and absolute. IL is susceptible of no
limitation not imposed BY itself. Any restriction, de-
irving validity from external source, would imply
diminuton ofs sovereignty to the extent OF that re-
strction, and investment of that sovereignty TO the
same extent in that power which could impose such
restriction."--7 Cranch, IlG
And again "Eyery nation has exclusive jurisdiction
over The waters adjacent 10 its shores, to the distance
OF cannon shot, marine league."-1 Calls, C. c.
so
According to the settled law of nations if the Ca
rone had been vessel of war, the high seas, be-
longing to the insurgents, and after an engagement
with British vessel had been pursued within marine
league of the American shore, national rights as
neutral Power, would Immediately have covered her.
and hostile gun could not have been fired against her
without afording grounds for just complaint If
for example, the British and French nations had been
open war; and French vessel in flying before British
pursuit, should have been driven within marine
league of the American coss all further acts of host
lily towards her must instantly cease the neutral
Power would be wounded in the most sensitive point,
namely that of It's sovereig nty.
shall not here argue to prove that in this there
has been gross violation Of our national sovereign
~, because on that point gentleman, | am sure,
does can entertain doubt. That being clear the
A No.