The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-17
Mr. Webster Ia III. letter 10 Mr.. For Of the cath Of

April tells the British Minister That the me OF IRON
tier which separates the United States from her bnt-
tanic Majesly's North American provinces, 10 long
enough to divide the whole OF Europe into halves
THIS is true enough. Now, by admitting The DOC
Iine OF vaite 10 be incorrect and untounded on what
consequences we forced l beg Senators 10 con
slider is question The line which separates US from
the British possessions is line long enough to dTiue
Europe into halves. Heaven knows have no uesi'o
see a rebellion in Canada, or the Canadian pio'i'
ces annexed 10 the United States but no event ~
futuriiy certain than that those provinces ny
destined To be ultimately separated from the br.sh
empire. Let a civil come, and let every nieINap
who shall then have any command In inc Dfn'sh P"'
sessions along this long line be permitted 70 sehu
military expedition into the ler"ofy u 'ne oh,''u
States whenever no shall believe or pretend that
will aid in defending the royal authority against those
who are resisting il, and war between Great britain
and the United States becomes Inevitable. BRUSH
subject marauding under the orders OF MS superior
officer on this side OF the line Is seized IN the very act
Well, what is to BIO done l suppose we 10 wait
until We can ascertain whether his Government chooses
to recognize his hostile criminal act, before can
i. fict upon him the punishm, mt which he deserves
Tor violating laws. If il should recognize his act
the Jail door Is Immediately to be thrown open the
offender, 1t may be murderer takes his flight Cana
da and we then must settle the question with the BIZ
tish Government Such Is the doctrine advanced by
the British Government and our own Secretary Of
State. This principle would as | say, lead inevi-
lably into war with that power. w hat be done
IN state of war In that Case the laws Of pro-
vide that persons invading territory who cap
tured shall be considered and treated prisoners OF
war. but while the two countries conlknue at peace,
man taken in the fragrant act of invasion and vio-
ence cannot De made prisoner OF war. Mcleod,
however, is not to be treated this principle and
punished under our laws it he be guilty lest should
offend the majesty of England The laws OF New
York are TO be nuiied and the murderer to at
large.
But if the principle laid down by Vat,e be sound
and true, all difficulty at vanishes. If such an
offender be caught In the perpt lration of criminal
act, he is then punished for his crime. Let him be
tIied for at least and then, il there any mga-
ting circumstances In his case for the sake of good
neighborhood let him escape There will then be no
danger of war from this Let me suppose
Suppose Colonel Allen McNab Should take it into his
head that there exists in the United States conspi-
racy against the British Government and should be-
leve that he could unra,e the whole plot by seizng
on the United States mail in its passage from New
York to Buffalo. He places hin self at the head Of a
party, comes over the line, and seizes and robs the
mail but IN the act he is overpowered and arrested
and he Is indicted before criminal court ofthe United
States WAL 1t be maintained if the British Govern
nent should say, we recognise the act Of McNab in
robbing your mail as we have already recognised that
OF his burning your steamboat and killing your citi-
Gems, that MIR. Webster would be justified in direct
ing noe prossequi to be entered in his favor and
thus suffer him TO go ireel
do not say that the British Government would act
IN this manner but put the fair us,ra-
ton of The argument. There was one case in which
something very like this might have happened and it
was even thought probable that il would happen. 1t
was reported that an expedition had been planned to
seize the person of Mcleod, and to carry him of to
Canada; and believe that very disnp ulshed and
gallant genera in the United States service, Gen.
scott an officer for whom, in common with his fell
ow-citzens cherish the highest respect and regard
went in company with the Attorney General to Lock-
port and II was conjectured that he had received or
ders TO hold Mcleod and defend the Lockport Jail
against any incurslon of Sir Allan McNab or any
other person.
on foot, that 1t had succeeded and that Mcleod had
been seized and carried of in triumph, the two ma
lions being si IN profound peace. The of a
prisoner is high criminal offence. What would have
been done with McNab if he had voluntarily come
within our jurisdiction and been arrested Ii he
could be indicted and tried and punished before the
British Government should have time to recog nze his
act, very we'll But if not then at the momen OF such
recognition, he would be no longer responsible, and
must forthwith be set free The principle of Vattel
rightly understood, absolutely secures The terror-
al sovereignty OF nations in time of peace by permit
ting them TO punish all invasons of il in their own
criminal courts and his doctrine is emnently calcu-
lated to preserve peace among all nations War has
It's own laws, which are never TO be extended to the
intercourse between nations at peace.
The principle assumed in Mr. For lotter 10 vol
calculated for the benefit of powerful nations against
their weaker neighbos. But in saying this do not
son with England Wedo not, indeed, wish to 90 10
war with her, yet am confident in the belief that
whatever we might suffer during the early period of
such contest would be amply compensated by our
success before reached the cad of it, But let
me present an example.
Let us suppose that the empire Of Russia has by her
side coerminous nation, which is comparatively
weak. Russian Colonel, during season of pro-
found peace, passes over the boundary, and commits
criminal act against the citizens of the weaker
They succeed m uprs
and are about to punish him according the provi-
sions of their own laws. But Immediately the Rus
sian makes its appearance
Russian officer says 10 the authorities of the weak r
nation stop take OF your hands, you shall yinJcate
your laws and sovereignty. We assume this man =
crime national act. What is the consea uence
The rule for which Britain contends will in this case
compel the injured nation, though the weaker to de-
clare war In the first instance against her stronger
neighbor But che will not doit she will not become
the actor from the of her weak ness and
the instinct of self preservation This principle fes-
tabllshed will enable the strong to insult the wea k
with impunhy. But take the principle laid down
by Vattel. The weaker nation defends the majesty
of her own laws by furnishing the Russian subject who
had violated them; and, if war is to ensue Russia
mus, assume The responsibility of declaring it, in the
face of the world, and in uni cause against the
nation whom she has INJURED II said that one great
purpose of the laws of nations is protect the weak
against the strong, and never this tendency more
happily illustrated than by this very principle of Va,el
for which am contepding
therefore believe that the Secretary Of State was as
fat wrong in his view of international law in his
haste appease the British Government in the face
of direct threat, by his instructions Mr. Critten-
den. The communication of these instructions to
that Government, we know, had the desired effect
They went out Immediately TO England and no sooner
were they known on that side of the water than in
moment all was calm and tranquil The storm, por-
tending war, passed away, and tranquil peace once
more returned and smiled the scene Sir, the
British Government have been hard hearted in
deed II perusa of those instructions did not soften
them, and afford them the most ample satisfaction
This amiabe temper will even be rufflcd in the
slightest degree by the perusa Of Mr. Websers letter
to Mr. Fox, written six weeks afterwards. The mat
ter had all been virtually ended before its date.