The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24
CONGRESSIONAL.
THE CASE OF EoD.
IN SENATE,

FRIDAY, June II, lS4l
The business before the Senate being the motion of
Mr. RIvFs TO refer so much of the Presidents Mes
sage as relates to foreign affairs the Committee
on Foreign Affairs, and Mr.. CALHOUN having con.
cluded his remarks
Mr.. HUNTINGTON addressed the Senate sub,
stantialy follows
Mr. President. The Importance of the principles IN
volved in the present discussion induces me to throw
myself upon the indulgence Of the Senate to reply TO
the remarks which have been made by the Senator
from Pennsylvania Mr.. Buchanan and the Senator
from South Carolina MR. Calhoun To the able
and conclusive arguments Of my friends from Vir-
gnia and Massachusetts,, Mr. Rives and Mr..
Choate,l il will not be expected that much, if any
thing can be added but the nature of the subject,
the velty OF the doctrines advanced and the attack
upon the character of the Executive Administration
wanting in energy and spirit, will justify repe-
ton Of the views which entertained by those who
approve of the course which has been taken by the
Administration in respect TO the matters which have
given rise to this debate.
Pcrhaps no documents ever emanated from the De-
partnent OF State Of the U. g. which have received
more universal commentator and approval from the
American People, far they have had an oppotu-
nifty to read and consider Them than the letter of the
Secretary Of State Mr. Fox and the instructions to
Mr.. Crittenden (the Attorney General which have
led TO this discussion Men of all parties the public
press with very few exceptions ESQ lar as Know, J
luriss, and the people at large, have united in speak
ing Of these papers deserving OF all praise tor their
sound doctrine patriotic spirit, and firm devotion to
the interests and honor of the country For the first
time almost they are, at least partially condemned,
and that, too in the Senate of the United States.
And the Senator from Pennsylvania dsapproyes OF
them
l. As containing doctrines not sustained by, but
opposed to- the principles Of international law.
2. As having been written while marvellous panic
prevailing, evincng spirit not credltabe to
the American character wanting in necessary energy,
and not possessing sufficient American spirit
These consider grave charges. They are con
demnatory of men who have filled some space IN the
eye of the public; who are known to be men having
acquaintance with public law, and who have not
been obnoxious to the charge of being under the IN.
fuence Of the fear of foreign Governments. They
men who hold the import mt stations of President
and Heads of the different Executive Departments.
have heard it said that former Chief Justice of the
United States, after having for some hours, or days,
listened to counsel who occupied the time OF the Court
in stating elementary principles never doubted, and
having application to the trial, very signlfi
cantly yet courteously, remarked to him that It was
be presumed from the particular organization ofthe
Supreme Court Of the United States, the Judges
knetp something. So il may be said Of such as
the President, Mr. Webster, Mr.. Criitenden, Mr..
Ewing, and the other Cabinet officers that it is to be
presumed, from their characters, their pursuits, and
principles of international law, and possess something
of the character Of AMERICAN citizens and statesmen
They may all be wrong in the views they have taken
of the matter under debate but the presumption
is that they have not acted through wiful ignorance,
nor from any other but the spirit and feelings which
should actuate every American funct onary. They
are TO be presumed TO be innocent of what cannot
but call accusations which have been made against
them until proved to be guilty. And, sir in the
marks propose to make intend to consider all the
points which have been presented as furnishing mat
ter of condemnation of the Executive and his constr
tutional advisers. l intend to anayze the speech OF
the Senator from Pennsylvania with courtesy and
fairness, as he always does when commenting upon
the remarks of those from whom he differs. intend
TO controver all the points which he has condemned
the Secretary of State and eneavor to show that his
views are not sustained by precedent nor founded in
principle The matters discussed Of deep interest
They have a bearing beyond the present subject, to
which they have been applied. think they affect our
character nation, well the character of the
Executive and his Cabinet. Ii Is to be seen whether
the Executive Of the country and the persons whom
he has called to assist him in his high Office justly
chargeable with being actuated by unnecessary alarm
with being under the influence of panic with be-
ing wanting in American spirit and firmDess with
evincng spirit of fear, alike unnecessary and dscre
dable In this view the discussion is of para
mount interest and believe it will result, others OF
like character have done, in aiding another laurel to
the brow of him who, while his motto has ever been
Equal and exact justice to all nations has, in con-
with it, practised upon another equally sgni
fcant and patrioc--"Our country, our whole country
and nothing but our country"
Before proceed to consider the topics which have
been embraced in the present debate and which have
been deliberately examined and considered, wish 10
submit two preliminary remarks: One Is, that II II
should be thought indicate to introduce this discus
sion under existing circumstances the friends OF the
present Administration not accountable for IT, IL
is well known that the matter of the arrest and indct
ment of Mcleod is now pending before the Supreme
Court of the State of New York Il pom habeas corpus
prayed out to procure his discharge The has been
argued before that court The discussion at the bar
has closed. The remains for adjudication, and
is yet undecided. If, then, it should be supposed
that debate here upon the points already ar
gued, but not decided is out Of place. as having ten
dency improperly to interfere with matter under Judi
cal advisement and especially practical result,
having any connexion with the interests or the honor
of the country, would follow from the debate inasmuch
action Of the Government is invoked, 1t should
be remembered that is the work of the opponents OF
the Administration, and for which they alone are re-
sponsible We have not sought this discussion. We
have said nothing which should provoke it. Whatever
of real apparent improperly there may be in intro
ducing it, is be attributed to those who act on the
ohensve-not to us, who act on the defensive. The
other preliminary remark is that the effect the neces
sary of the doctrines advanced by the SEN
aors from Pennsylvania and South Carolina, Is TO re-
lieve the British Government from the respons Utility
of ordering armed force to assemble and in time OF
peace, to make unjustfable and unauthorized en-
try into territory and transfer that responsibility
to obscure individual absolve the only responsible
pary-the nation which avows the act having been
done by its authority, and the consequences
Of tand 10 seek redress by asking State court to
order the individual who did the offensive act illegally
convicted to be execued and when this is DONE the
national honor has been sustained-the national
wrong may be considered redressed | am aware
that this is not admitted be legitimate consequence
OF the doctrine assumed. | know il is said that the
remedies are cuma ative-that the Government and the
individual both responsible-,he one for ordering
the be DONE and the other for performing it, But
think it will be found that it is IMPOSSIBLE in the
present case unite individual with national respon
sibility-that precedent can be found for holding
Mcleod liable as an individual, and hanging him al