Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-02-26


of the Niagara river, and within the territory of the
United States The original intention seemed to be,
to run the boat between Buffalo and Schlossor, or,
perhaps, from Black Rock dam to Schosser, and,
should il seem profitable, it was intended to run her
also to Navy Island, and touch ut Grand Island and
Tonawando. Her owner was Mr.. Wells said to be
arospcctabc citizen of Buffalo, and it is obvious his
intention oi putting up the boat, was one OF specna-
ton and profit entirely. The excitement upon that
portion of the frontier at this PERIOD had collected
| great many in the observation-disclosures from curlosl-
| tysOmc from idlcncss-and others from taking an
interest IN the unusual and extraordinary collection of
advcnturers Navy Island. Navy Island was
"nominally" in the British "terri,ory"
The owner of the Caroline took advantage Of these
circumstances to make some money with his boat, by
running her as ferry boat over 10 Navy Island All
| these iac's appear from testimony regularly taken
(scc ". r. Doc. No BOP, page l6 and 80 I'd Session.
! 2jth ConercssO and the committee know of no legal
evidence to contradict them There is proof that
1 any arms or munitions of war were carried IN the
! boat, except perhaps one small slx-poundct held
piece belonging to passenger. The principal object
'v1s TO run the boat as ferry boat from Schosser on
the American side, 10 Navy Island the British side.
1t Is believed that oven in war, neutral power has
the right 10 trade IN contrahand articles SUBJECT OF
course 10 SEIZURE and CnrfsCaiion taken within the
jurisdiction ofciher of the conendng parties. What
Is cOntraband nj war is not always certain. Treaty
stpuatlons frequently include articles, and en-
| cludc others recognised in the law of nations Ira
ding IN contraband articles is no excuse for invading
the territory and soil of a neutral and independent
power whose private citizens may choose to run the
hazards of such trade
In this instance there were no two foreign powers
engaged in war; but all concerned in the outbreak
or excitement within the British jurisdiction, claimed
To he british subjects, in resistance of the authorizes
of Canada, n province of the British empire. Even
admitting then that the Caroline was engaged in con-
trahand trade, yet it was with citizens who claimed
to he subjects of the same omprc with those who were
STYLED the legitimate officers o! the province. Abb
siac,v speaking how was private citizen to decide
who were rrh and who wrong in these local dsputcs1
And which portion of citizens of the same province
must our citizens refuse TO have any communication
with Bat thn bont yyns merely used ono dav ms n
ferry boat; and on the nipht Of the dav she com.
mcnccd riinnina she was seized while moored al the
wharf in Srhosscr. and burnt, several men wcr,
assassinnted certainly one who fell dead upon the
dock Now the insiltlation of the British Minister
that Schlosscr was 'nominalvn within the territory
ofthe United States may well be rctortcd as we can
with cqua truth say tina, Navy Island was "nomn-
ally" within the 'tcrritory" or,he British Governments
for at the perod TO which we alludc the people collect
cd there had ms enccuollv dccd Canada authorities
AS anv portion of our pco, lcohad disreqarded ours
Yet British authority thought Iroprr to pass hv Nav,
Island then in its ''nomnalH territory and in tho
plenuc of povcr TO cast ip rris of British iuris
liction over American soil This was truly extending
over rs that kind guardianship which they had moi
thc n tv Mt that iimp TO extend To norton of the
own territory and which recommends itself 10 us
full rs much tom its assumuiion as from It's love OF
/. Iiaht or law.
The British VI mister is pleased also 10 call the
Caroline ''praca steamboat" The loose epi he,.
Of any one, matter how h9h in place, canno
make that piracy which the law of nations does moi
recognize as such. Pirates frecbootcrs, enemie.
Of The human race and eminent inries ,es scribe then
as ravagng every ST, and coast with no flag and nc
home. Piracy comcs-nder the concurrent iIrisdic
ton Of al nations. Even in the worst point of view
that it can be considered, those connected with III,
steamboat Caroline were but aldels and ab,tcrs o
others cnaagCd in rebellion. And the committee arf
totally alta loss 10 know upon what authority rel, lion
IS recognized piracy. such confounding If terms
is resting the case upon cpthct instead Of sound lnw
ar l ,,.,l 10, al