Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1841-03-06

M sg0H WBs nor 0Hg OI tic parry HhBHHsH w bs
destruetion OF the steamboat Caroline, and that the
pretended charge upon which hs has been impris-
oped rests only upon the ~perJared testimony OF
certain Canadians, outlaws, and their a~bettnrs.'
he. This may rerehance MI be 10, bat 1t would
he asking n great deal 10 require an American
eeurtto yield jnri adietiot and sure nder up 4 pris-
onsr charged with offences against the law, upon
the mere ipse ,lisii Of any lnas,, no matter how high
Ii authority. Whether Mcleod be guilty Or not
guilty, 10 this very poin. upon which an American
Jury alone have y right to decide. Jurisdiction in
State tri,nnalsseyer criminal cases. and trial by u
jury OF the venus, are essential points IN American
Jurisprudence. And 1t Ii ii total MISREPRESENTATION
~ 10 the nature Of our systein. to suppose that
there 10 eny right In the Federal Executive to ar
rest the verdict Of the one, Or i,wart The ~jurisdie~
ton Of the other. II sie, a power existed, aud
were exercised, it would eftsrtualiy overthrow, aud
upot II y.talpo,nt, the separate Sovereignty and 'n-
dependence oil these States.
The Federal Executive might be clothed with
power TO deliver up iugitives from justice Tor IT,
fences committed against Il foreign State, but then
II might not be- obligatory 10 do 30, uuless 1t were
made matter Of treaty stipulation. This duty and
right IN nh exeentii C has generally been considered
~ dormant. until made binding by treaty arrange
mept, but when the matter ~ reversed, aud n
demand ~ made. not If ~fugitiyes from ~justiee Tor
offences committee against Il foreign power, but
for the liberation Of a man. charged viii, Offences
against the peace and dignity Of one Of our own
States. then it 10. that the demand becomes pre-
p~osterous IN the extreme. The fact that The or ~
ees were committed under The sanction Of preytn~
sial authority does not alter the ease unless We
were IN a state Of war. ln such Ca SOS 40 the ,re-
| sent, the power TO deliver up could not be confer
| red upon the Federal Executive by a treaty etipu-
istion. 1t could not be conferred IN those eases
over which Jurisdiction ID clearly delegated by the
Federal constitution Such, for instance, ~
treason, which IL m offence against tie eonioined
sovereignty Of the States, rs defined in the consti-
tuition. Over all cases except thoss defined in the
con institution, and those coming clearly under the
laws Of NATIONS, the States have exclusive ~iuriadie-
ton, aud the trial and punishment Tor offences
against them, are incident 10 their separate sover-
eighty. 1t 10 not pretended In this east that there
Ia any treaty stipulation Under which tbs demand
IL male, and the Federal Executive, under our
system, has no power btt what Ia conferred by the
constitution, or by special law Of Congress. IL
the former ID Ia declared that 'ths executive now
or Ia vested In n President Of the United Statrs,'
| and that power Is then TO be pointed out aud defned
by special laws passed out from time to time, inn
posing such duties NJ are thought proper and expc
dent by Congress.
Your committee deem II dangerous for the Es-
e%citiye 10 exercise any power over a suliect4mat-
ter not conferred by treaty or by law, and to ex-
ereise IL IN any case IN conflict with State jurisdic-
ton, would be worse Than dangerous, it would be
usufpation.
Hut your committee forbear to press these points
further 1T present, and they would not have said
~ mneh an such clear questions Of international
law, but that in this case, the demand or liberia
ton has been made by the accredited agent Of a
great power. and under circumstances Of peculiar
aggtavation and excitement.
We have other points Of difference with Great
Britain, which add interest TO every question that
arises between W vt present. Neither our North
eastern nor north~ estern boundaries are yet set
tied with her, and the subject Is not entirely free
from difficulty. She has seized our vessels and
exercised u power involving search, Under the pre-
textof suppressing the foreign slave trade, which,
" perscveie ed IN, will sweep our commerce from
The coast of Africa, and which IL incompatible
witt, our rights m n maritime power. She mas re-
Gently, IN her intercourse viii, Us, refused ibdem-
ni,y and denied our right to property, Oh a subject
matter vital to near the halt tie States OF this
Confederaey. and which considering her military
position Al bermuda. and her growing power IL
the West Indiea 10 ofthe last Importance TO ON.
national independence.
All these subjects make every question between
us, at this peculiar Jnnetare OF the 'eepest inter-
est.
Besides this, We nre permanently destined 10
have, perhaps the most extensive Of
modern nations. Our fngs float side by side, over
every sen, aud bay, and inlet Of the known
globe.
She moves steadily Upon her objects with an
ambition that knows no bounds. Aud wherever
she has q conflict Of Interest che has rarely yielded
10 any power.
At this moment she presents to tho civilized
world the spectacle Of The greatest tm,liiary and
commercial power in combination ever known.
From her wat posse.sioris in every quarter Of
the globe, aud her peculiar commercial sys.cm.
she has been msdo the reservoir Of tho wealth Of
nations.
Her internal resources, skill, labor, and ma
chinery, with her capital. are hey ond calculations.
Her natural position, being about midway the
coast Of Europe. gives her great control over the
outlets and currents Of
The military occupation Of GibraItar. Malta, the
fonian Islands, and recently olsi. Jean dAcre,
give her ascendapcy on the Mediterranean and
tire Levan,. while ST. Helena and the Cape Of
Good Hope give her possession over the currents
oftrnde along those extensive coasts. Then Bonn
bay. Calcutta and her immense possessions IN
tho Eas, Indies. together With her recent move.
menys in tho China seas and lsjanda. enable h:r
to extend her power over those vast regions that
have Slumbeted for ages in solitary aud rnervarcd
mayniGcencc. She possesses Falkland isiAnds but
" tbH'Ib' wv Aoii1i"''tf va IhHFF IA 'ljlF
Hprn-- While Trinidad gives all she desires in the
Caribbean Sea. Halifax at one point and Betnu
da at another, stand out in great force over our
owp coast from one extremity 10 the other.
Her positions all over the world are at his mo-
ment, in a military point Of view, equal to n mil
lion of men under arms. Her continual conflicts
ia the mighty regions of the East, only enable
her officers to become skilful and to improve it,
the ait Of war, while her grea. armies aud extern.
Sive fleets draw their support from the immense
countries seized and occupied. In the presen,
j%uncture Of affairs, no statesmanocau overlook
these things. Steam power has recently brought
US so near together, that in the event Of any fu.
ture conflict, war with its effects will be precipi-
,ated upon us with much more rapidity than fol-
merly.
Avarice and ambition are the ruling passions
Of modern times, and it is vain to shut our eyes to
the state Of things around Us II remains to be seen
what effect steam power will have upon chang,
ing and modifying the whole art Of defence and
war. 1t may be a great engine for again levelling
mankind, and reducing every thing 10 a contest
of mere physical force. In that event it might be
difficult to conjecture what system of national de-
fence will stand the test of time and expert
ence.
We have a deep stake in peace, AMI fondlv
hope the repose of the world will, not be disturbed.
We have not the least desire for a rupture
and wise preparation, will long pre-
serve US from such a catastrophe But while no
temptation should ever promote Us to do injustice
on tho one hand, so no consideration, on the 9TH
er hand. should ever induce us TO submi. to perma-