, 1841-07-10

should believe that he could unravel the whole
plot BY Selling on the United States mail in
its passage from New York to Buffalo. He
places himself at the head Of a party, comes
over the line, and seizes and robs the mail
but in the act he is ~overpowered and arrest
ed, and he is indicted before a criminal cour,
of the United States. Will it be maintained,
If the British Government should say. we
recognise the act OF McNab in robbing your
mail as we have already recognised that oil
his burning your steamboat and killing your
citizens, that Mr.. Wsbs'er would be justified
in directing a noNe prosequi TO be entered in
his favor, and thus suffer him to 60 free!
/ do not say that the British Government
would act in this manEss; bot ] put the case
as a fair illustration IF argument. There
was one case il ~a5zh something very like
this might nave happened, and it was even
thought probable that it would happen. 1t
was reported that an expedition had been
planned. to seize the person Of Mcleod, and
TO carry him off 10 Canada; and ] believe
that 4 very distinguished and gallant general
in the United States service. (Gen. Scott
an officer for whom, in common with his feL-
low-citizens, ! cherish the highest respect
and regard-went. in company with the At
torney General, to L~ockport; and 1t was
conjectured that he had received orders to
hold Mcleod and defend the Lockport jail
against any incursion Of Sir Allan McNab
or any other person.
Suppose now that such an expedition had
been set on foot. that it had succeeded. and
that Mcleod had been seized and carried of
in triumph, the two nations being still in pro-
found peace. The rescue OF 4 prisoner is
a high criminal offence. What would have
been done with McNab If he had voluntari-
ly come within our jurisdiction and been ar
rested! If he could be indicted and tried
and punished before the British Government
should have time TO recognise his act. very
well. But If not, then, at the moment oil
such recognition, he would be nc longer re-
sponsible. and must forthwith be SET free
The principle of Eatte!, rightly understood.
absolutely secures the territorial sovereignty
Of nations in time Of peace BY permitting
them 10 punish all invasions OF 1t in their
own criminal courts, and his doctrine is emf
nently calculated To preserve peace among
all nations. War has its own laws, which
are never to be extended TO the intercourse
between nations ~ peace.
The principle assumed in Mr.. Fox's letter
is well calculated for the benefit OF power
ful nations against their weaker nelgiIbors.-
but in saying this | do not mean TO admit
that we are n weak nation IN comparison
with England. We do not. indeed, wish 10
90 to war with her, yet ! am confident IN
the belief that whatever we might suffer dur
ing the early period of such 4 contest would
l.. ...l- o,o,ona,aI hr M c,ccaSs In
fore we reached the end Of it, But let me
present an example.
Let US suppose that the empire OF Russia
has by her side a coteminous nation. which
is comparatively weak. A Russian Colonel.
during a season OF profound peace, passes
over the boundary. and commits some GRIM
inal act against the citizens of the weaker
nation. They succeed. however, in seIzing
his person, and are about 10 punish him ac-
cording 10 the provision OF their own laws.
Blu. Immediately the Russian double-headed
black eagle makes its appearances; a Russian
officer says 10 the authorities Of the weaker
nation. stop: take off your hands; YOU shall
not vindicate your laws and sovereignty
We assume this mans crime as a national
act. What is the consequence? The rule
Tor which britain COUlenuS VIII III ulIS CdSc
compel the injured nation. though the weaker.
to declare war in the first instance against
her stronger neighbor. But she will not do
it.; she will not become the actor, from the
consciousness of her weakness and the in
stinct of representation. This principle.
if established, will enable the strong TO insult
the weak with impunity. But take the prin.
cipIe as laid down by Vattel. The weaker
nation defends the majesty of her " laws
by furnishing the Russian subject who had
violated them, and, If war is to ensue, Rus
STA must assume the responsibility Of declaT-
ing it, in the face of the world, and in an
unjust cause. against the nation who she has
injured. 1t is said that one great purpose
Of the laws of nations is 10 protect the weak
against the strong. and never was this ten
dency more happily illustrated than by this
very principle of Vattel for which | am con.
tending.
therefore believe that the Secretary Of
State was as far wrong in his view OF inter.
national law as in his haste to appease the
British Government, in the face Of a direct
threat, BY his instructions TO Mr.. Crittenden.
The communication of these instructions 10