Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-04-05


ton OF the President of the United States that the
whole proceeding will not only be disavowed and
disapproI ed, but that such redress The nature Of
the case obviously requires will be promptly
made To this our Government waits the final
answer OF the British Government.
"On the 18th November last Alexander Nc.
Leod, British subject, was arrested and impris.
oned Ivy the authorities of the State ofNew York,
on n clIarge of arson and murder, as having been
engaged in The capture and destruction OF The
Caroline.
"On the l2h December the British, Minister
made demand on the President for the release
OF Mr.. Mcleod, on the ground that The destruction
Of The Caroline was a public dci of persons in her
McjeSiys service, obeying The order Of their superior
authorities; and that The act according to tie usages
OF nntons can only be The subject oil discussion be-
tween the Two national Governments.
TO this denond the Secretary of State has
replied that the President has no power under The
Constitution and laws Of the Union to iMerpose
hetwcen Mcleod aud the constituted authorities
OF the State of New York-uud that tile Presi-
dent Is not aware of any principle OF Information
al hwy, or indeed of reason or Justice, which enli.
ties such offenders 10 impuniiy before the legal
tribunals when coming voluntarily within their
independent and undoubted jurisdiction, berause
they acted in obedience to their superior auIhorl-
ties, or because their acts have become the sub ect
OF diplomatic discussion between the two Govern
lnents.' And that ii the destruction Of the Car
oliIe was public act of persons in her Mnlcsiy's
service, Obeylng the orders OF their superior at-
thOres this fact has not been before conmunlca.
ted 10 the Government of the United Suites by a
person authorized TO make the admission; aud II
will be for the court which has cogniZance Of the
offence with which Mr. Mcleod is charged, to 'e
eide on its validity when legally established be-
fore it,
"The British Minister, expressing his regret at
the decsion had referred the subcc 10 his Gov
eminent"
This statement repeat is limited to the case
of Mcleod.
The points in difference, in this case, nre-l
Whether Mcleod, having, in the destruction Of
the Caroline, acted in obedience to the orders of
the superior authorities of the Province Of Upper
Canada, is or is not anenab.e to the laws OF New
York. as for the crimes ofmurter and arson aud,
=. If not whether the Executive has any power
10 intepose between him and the laws OF N. Y
On these questions | forbear expressing any
opinion in accordance with the view that none Is
required Of the committee or OF the House. 1t is
sufficient for the Justification Of the ground have
tnken that these subjects are now the subjects of
diplomatic discussion between the Two Govern
menis. The Improperly ofthe report is the more
manifest, from the consideration that the discus
sion is but just commenced. And il is not unrea-
sonable 20 suppose that, on questions of such u-
lied extent, the Government III The wrong may. by
the further discussion, be convinced OF its error
At least, we should wait the reply of the British
Government 10 which the subject is referred, aud
the issue finally rendered by its Executive.
The consequences Of an error ON either side
may compromit the peace Of The country. In case
OF reprsals, executed to the extreme point, the in
terventiOn of the Powers of Europe could moi
prevent war. In view Of these conseq uences, it
may be proper TO review the correspondence, TO
ascertain the positions taken OH both sides that
bear on the case of Mcleod.
Mr. Forsyth, in his notc of the 9Th January,
ELL,
character to the destruction OF the Caroline. lie
calls it an outrage =" commiled from he Britanic
!iaiesiy's Province of Upper Cdnnda."- He leaves
It to Mr. Fox to determine whether II was d pub
lie or private wrong, or 10 assume or disclaim
FOR his Government the responsibility. Mr.. Fox,
in his reply, 10Th Feb. 1887 gives public char
acter, 10y communicating the fact that it was de-
stroyed by the order Of the commander of the mi
lltia in her Majesys service, and that the act was
approved by the Governor Of the Province
And here must express my surprise that Mr..
Forsyth should deem The late note oil Mr.. Fox to
be the first nvowal Of the fact BY person auilori-
zed TO make it. In the note OF the 9th February,
1c35, the fact itself was communicated by Mr..
Fox. His late note is only the recognition aud re-
assertion of the fact. The fact then and now a.
vowed is, that the Caroline desti Dyed by per-
sons Obeylng the order of their superior auhori-
ties and Mr.. Fox contends that those oheying
were Justified 10y THE ORDER. Ii remains To he
seen whether the British Government will justify
that ORDER. McLeods case is put on the first, aud
the case of the Caroline on the last.
Mr.. Pickens Does the gentleman from Yer
mont intend TO say that the British Minister had
ever, before his late note, avowcd thnl the Caro-
line WINS destroyed by the order OF the constltu-
ted authorities of Cannda Y
Mr. Everett. do say tint Mr.. Fox, ~ his )ie
of the 9th February, did ayow H. In the despatch
of Sir Francis Head, then communicated, it is ex-
pressly stated that Col. Mac Nab commanded a
body of militia stationed on the frontier; that in
the night of the 29th, abe sent a pdriy of miiiid
IN bOaiS, with orders to take or destroy her. They
proceeded to execute the order &c. Nor did lIe
content himself with the mere communication OF
the fact but even attempted TO justify the destruc-
ton of the Caroline as act of self defence. -
Mr. Fox, in reference TO the communication OF
Sir Francis Head says:
"Ihe pratlcal character of the steamboat Car
line aud the necessity of self-delence and self
prcservulion under which her Majesly's Subjects
acted in destroying that vessel seems to he sulfi
cienty established
cat The time when the event happened, the or
binary laws Of the United States we're not enior =
red within the frontier district of the State of N
Y. The authority ofthe law was overborre, pib-
iicly, 10y pira,ica violence. Through such vo-
lcnce, her Najesiy's SUBJECTS in Upper Canada had
already severely suffered and they were threat
cncd with still further injury and ouTge. This
extraordinary state of things appears, naturally
and necessarily 10 have impclled them 10 consult
theiS own security, by pursuing and destroying
the vessel of their piralira enemy whe.esoeyer
they might find her.
MIR. Stevenson presents the net, in conncxio
with these avowals, ms an net Of open, undsguis-
ell, unwarInntabe hostility" "wholly irreconca-
bic with The friendly and peaceful relations of the
! two countries" He calls upon the British Gov
ernnient 10 disavow il. 1t is thus by our Minister
characterized as an act of war. And it is for par
icipating in this act that Mcleod IL arrested; md
on This act, thus avowed aud thus characterized,
the question is made by the two Governments
Sir, repeat, lei negotiation he exhausted before
| Congress is called to act or to nterpose iis opn
ion, or 10 take final ground, from which, when
taken there can he no retreat. Whether right oil
wrong, Great Britain may choose TO put this con