The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-08-10
ST. JOmNsBUHsY, VIZ, AUGUST no, ls4l.

of their territory. And so might the Sultan or Pa
cha of Egypt have disposed in like manner of the
French Army in Egypt. Tie only question TO be
asked in such case was this: Does ;here exist a
state of WARP fthere does, then the parties com
hitting violence, if taken, were TO be tried by the
laws of war; they subject to a military not a
civil Jurisdiction. The Capture OF the Caroline
was act of law, and so acknowledged by Great
Britain The war which then endured for a mo-
ment might become a of years. Mr. p. ear
nestl deprecated such result, but though the two
nations stood in very awkward position towards
each other. et Fft 14it 6a7 iel15s
The doctrine he had assumed applied only to
cases where act Of violence perpetrated by
command Of Government; 1t had no application
where the act only permitted OF connived ali;
IN such case the individual must suffer for their IN
dividual act; and then he would not deny that the
remedy might be cumulative The Government
injured might lay hold on the tresspassers, and
then, iftheir act afterwards acknowledged, it
might look TO their Government too. In confrma-
ton of this he quoted Grotius, 493.
He denied that this could be fairly lkened
to spies or emmiss aries-:here common
principle between them. spy was not acknowl-
edged by the laws of war, or, If recognized, it was
provided that the spy might be shot. But was he
TO be shot by tho sentence Of civil tribunal Was
he brought up before judge and jury? No He
was tried and sentenced by drum head court ma
tial Nor the OF an emmiss AIRY any more
in point. Who ever heard of trying prisoners OF
war by court and jury? They might, indeed, a.
mong barbarous nations have been considered as IL
able death slavery, but this was n OF ac-
cording to civil but military law The rules of ma
tiona law in reference to a state Of war ono
thing; those relating to State Of peace another.
If an emmissary sent from nation into an
other in time of pence and was detected and seiz-
ed he might be tiled for treason in municipal
court. But if in state ofwar, the laws applied to
the case. An Issary acting without force
which, according to Giotus, con stitutes "tbe es
sence of war; was amenable TO civil tribunals; bn
! if he came into country IL there acted in forc
BILE manner, he subj to the laws ofwar Nj
p. alluded TO the embarrassment of our position
having arisen from the long delay oil the last Ad
administrations from the indamatory report, and from
the assumption by them OF false grounds New
ground had now been taken. To this true giound
we must adhere, and in so doing, must take what.
| ever God should send. He trusted we should gel
into further difficulty, but five should, in con-
sequence of pursuing course of open justice and
rectitude why then, Gods name, let the Difficult
ty come With truth and justice on our side, lie
trusted the Government would go straightforward
leaving consequences with the Almighty He was
sorry that Great Britain should ever have avowed
such outrageous act as the capture and destruc-
ton of this vessel inAmerican waters. Her avow
al had taken the case out OF the municipal tribunals
g. transferred the responsibility to theGovernmen,
but he trusted she would yet reflect and reconsider
her course, aud take the ground that tho perpetra
tors ofthat outrage had exceeded theil authority.
This would be proceeding marked with that mag
nanimity which became that great and powerful ma
tion. But VIII atever she might think il RICH, 70
do her part, we had done every thing that could
be required on ours.