Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-07-05

gives nm letters OF inarque TO help himself TO an'
other. In point Of fact, too, war often begins
without any declaration at ALL at home or abroad.
The bolt outruns the fash. Modern history is
full of such instances but spare you the re-
hearsol OF them. Now, sir, what | would say is,
that for the purpose of immunity to the soldier
aud sailor, all the modes, kinds, and degrees Of
war come exactly to the same thing. They are
oil and all alike modes of governmental action,
involving only governmental responsibility. In
many things they certainly differ one from an
other some OF them more chivalrous, more
magnanimous, more conformable with strict and
punctilious proceeding and technical law OF war
than others. Some of them afford less ground
Of complaint TO the Government assailed than
Others But, for the purpose of personal irres-
possibility, they are ali one and the same thing.
In reason in must be so. Consider that leading
object of this principle of immunity is the protec-
ton Of the unfriended instruments OF ambition or
patriotism who furnish the rank and file OF war.
IL is to protect the common soldier. Aud what an
unayaiing, uncertain, ensnariDg thing il would
prove for him if his title to it depended on sueh
shades of diversity az these How does he know
whether the war, to which you hurry him away
from all that is dearest to him in the world is just
or unjust? How does he know by what heralds
of declaration i, has been preceded? How does
he know whether the desperate midnight enter
prise for which you have called him up from sleep
is TO be single enterprise, or whether it is de-
signed to kindIe the fires of war that shall en-
circle the world? Sir, he knows only that his
own Government, in obedience to which he was
bred-that the land of his lirth--that the land of
his fathers graves, bids him 20 forth and that, if
he shrinks for moment from his posi- when the
storm of battle RACES highest he dies by the hands
OF his officers and he goes forth relying on the
armed but manly justice of civilized war.
And so IRE all the authorities. The Senator
from Virginia reced them so copiousIy to you
last evening that shall spare you the repetition,
aud content myself with o referenceor two. The
Senator from Pennsylvania and the Secretary OF
State tell You that the attack on the Caroline was
unjust. But look into Vattel on pages $40 and
3S3, and Rutherforth, Cd volume, SAG, aud you
find that they concur that the injustice of the war
does affect the soldiers title to immunity. III
it did, the nations would at once return to the
murder Of prisoners for was there ever war in
which each belligerent did not think his antago-
nis inthe wrong?
But you say This only single act OF hostil-
| ity breaking out in time of general peace, I'M
announced by any declaration. So it was But
Ruherforth expressly declares that this does not
Withdraw it from the law of immunity. pread ut
large the passage 5S4 Of his second volume, aud
commend it to the medi,aons of the Senator
from Pennsylvania. "This external awfulness,
in respect of the members OF a civil society, ex-
tends to public wars of the imperfect SORT to re-
I,risals or to other acts OF hostility"
fMr. G.. here quoted. the authority of Kather-
forth, Vaticl, Martens, Wheaton and Kent.
! submit, then, sir that Mcleod is not respon-
sible as for crime against the municipal law of
New York or of this Union by participating in this
| act of English national wrong Criminal in Eng
land in him il was no crime Let me add, that it
in ihoughtlessness Or anger, we had stopped to
shed his blood, i. would have impressed a stain
on the radiant flag of our pride and love which
hundred victories, ay, a hundredyears OF victo-
~, would not wipe away.
| The concession Of the Secretary of State was
in Of iptor iona Raj
Senator from Pennsylvania thinks he ought not
to have made il, right or wrong. | submit, then,
in The second place, that he ought TO have made
il, and the government TO have acted on il, exact
~ as it was made and acted on.
What was lie duty of the Secretary of State OH
the 18th Of March last, when Mcleod, guilty of
no manner ofcrime against the law ofNew York
by participation in the attack on the Caroline, had
been Indicted. imprisoned, and ordered for trial
to he had on the 22d of March, as for crime, I'M
der circumstances justiiyiug reasonable anxiety
lest he might fall a victim 10 a natural and tremen-
dous popular excitement; and when her Males
tvs min; ser came forward, announced the doc
lrnc of'internnlional law which we all know to be
/ Just, and demanded that Mcleod should be hold
en- entitled TO immunity under ii? What was the
Secretary of State 10 do? Should he have
wrapped bis diplomatic mantle about him and
have answered, Sir, lido not know about yous
doctrine OF International law: the American gov
ernment is not advised exactly whether it may
hang prise OF war or not besides it happens
to have nollIing at all 10 do with the matter Nc
Leod is in the hands of New York, great and
patriotic state, Mr. Minister, giving tory odd e.
lectoral votes she will do what 10 right; if she
hangs him, why then we shalt know ihat he de-
served it and if she does not, much the bet
ter for himself Should he really, SO saying, have
bowed the Minister ont, and have retreated INTO
an Epcurnn heaven of Indifference and nom
commital, until he and you were startled by the
thunder u an enemy's cannon--a music 1 ac-
knowledge at which brave nation has no great
oh ectlon at any moment to wake up! No., Sill. !
submit, on the contrary, that the duty of our gov
eminent was perfectly clear; to apow its acknowl-
ment OF the doctrine OF iDternaonal'iaw as adj
vanced by the minister TO declare its purpose TO
Ito what it constutionally might TO secure NC
Leod the benefit of it; 10 do it and them having
removed this disastrous inIerlocutory controversy
out of the way, to demand satlfactiOn at once of
England for tho burning OF the Caroline, as that
language is understood among nations of the first
class. To simplify the matter somewhat, suppose
That Mcleod had at that moment been in our Jail,
in our courts instead of those If New York, then,
| repeat, it was most palpably our duty TO have
conceded the proposition OF law; to have express
sed our assurance that the courts would acquit
him OF he accusation OF crime against our munl-
cipnl codes, aud even that The Attorney General
representing the Government would enter noHe
prosequi, thus committing him 10 the disposal OF
the Executive as a prisoner, or quasrpfisoner Oh
war, or whatever else bis legal character might
he aud then and thus having washed our hands
clean, and set ourselves right before God and man,
to call this island mistress OF thousand ships OF
war to instant account
That this was The duty of our Government is
too plain to he debated. Was il not its duty TO
cause this nation TO keep the law Of nations? Was
il not lis duty 10 be just And was not this bare
justice to Nc Eeod, to England, TO the universal
spirit of humanity Was it not its duty to pre-.
serve peace if it might he had with honor, and, II
war must come TO secure us one in which CHRIS
tim people might draw its sword ? Now, sir, me
difficulty was, that on the 10Th Of March we were
in an einnently false position. With ample mate
rails of the highest tone of complaint, perhaps e.
ven of reprisas or war against Eng,snu, 'or ne'