The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-19

4, II NOT anenabe 10 the laws of New York, as for
the crimes Of murder and arson; and, Hnot wheih
er the Executive has any power TO nerpose between
him and the laws OF New York
ON these questions forbear expressing any opni-
on in accordance with the view that none required
Of The committee OF the House IL - sumc'ent Tor
H. ;ns,;ca,on the ground have taken that these
questions are now the subjects OF diplomatic discussion
between the two Governments The improperly OF
the report the manifest from the consideration
that the discussion is but just commenced And Is
moi sonabe TO suppose that, questions OF such
limited extent the Government in the wrong way may
by the further discussion DO convinced OF It's error At
least we should wait the reply Of the British Govern
ment 10 which the subject is referred and the issue
finally rendered by its Executive.
The consequences OF error on either side may
compromit the peace of the country In OF repr
sails executed the extreme point the intervention Of
all the Powers of Europe could not prevent war. In
view OF these consequences may be proper to review
the correspondence 10 ascertain the positions taken on
both sides that bear the Of Mcleod.
Mr. Forsyth in his note of the 9Th January, care
fully aud properly avoids giving any national eharac
ter 10 the destruction ofthe Caroline He calls il
outrage " committed from her Britannia Majesfys
Fox to determine whether it was public private
wrong, or to assume or dsclaim for his Government
the responsibility. Mr.. Fox nl his reply, Goth Feb.
1882 gives it public character, by communicating
the fact that il destroyed by the order OF the
mander of the militia in her Majesty's service and
that the approved by the Governor of the Pro-
vince.
And here must express my surprise that Mr. For
syth should deem the late note OF Mr. Fox to be the
first ayowal of the fact by person authorized 10 make
it, In the note of the 9th February, 1888 the fact IL
self was communicated by Mr. Fox. His late note is
only the recognition and assertion of the fact The
fact then and now avowed is, that the Caroline was
destroyed by persons obeyng the order of their supe
rior authorities; and Mr.. Fox contends that those
obeying were justified by THE II remains TO
be seen whether the British Government will justify
that ORDER. McLeod's is put on the first, and
the case of the Caroline on the last.
[Mr. PicKENs. Does the gentleman from Vermont
intend say that the British Minister had before
his late note, ayowed that the Caroline destroyed
by the order Of the constituted authorizes OF Canada
Mr.. EvERErT | do say that MIR. Fox, in his note
of the 9th February, did avow it. In the despatch OF
Sir Francis Head then communicated, it is expressly
stated that Col. MacNab commanded body OF mill
tia stationed the frontier that in the night of the
10Th, he sent party Of militia, in boats, with or
cute the order" &c. Nor did he content himself with
the communication of the fact but attempt
ed to Justify the destruction of the Caroline act of
self-defence. Mr. Fox, in reference to the communi-
cation of Sir Francis Head, says
The piratical character of the steamboat Caroline
and the necessity of sefdeence and self preservation
under which her Majesty's subjects acted in destroy
ing that vessel to be sufficiently established
. AT the time when the event happened, the ordina
~ laws of the United States not enforced within
authority ofthe law overborne, publicly, by pratt
cal violence Through such violence, her Maesty's
subjects in Upper Canada had already severely suffer
ed and they threatened with still further injury
and outrage This extraordinary state of things APP
pears, naturally and necessarily, to have mpelled
them TO consult their security, by pursuing and
destroying the vessel of their piratical enemy, where
soever they might find her"
Mr.. Stevenson presents the act, in connexion with
these avowas, an act of open, undisguished,
II. Kill. A. "A
the friendly and peaceful relations of the two
tries" He calls upon the British Government to
disapoto IT, 1t is thus by our Minister, characterized
act of And it is for participating in this
act that Mcleod is arrested; and this act, thus
avowed and thus characterized the question is made
by the two Governments Sir, repeat, let negotia-
ton be exhausted before Congress is called to act
TO nterpose its opinion, TO take final ground from
which, when taken, there can be no retreat. Whe-
Their right or wrong, Great Britain may choose put
be certain that be not her strongest ground II is
much easier be right at FIRST than TO get tight at
last We should also look to the possible consequences
of even the Of adversary. Is il not among
the possibilities that she may deem herself bound
protect those who have obeyed the orders of their
peror authorities in her service and that under the
spirit attributed To her in the report she may resort To
retaliation And | repeat ii pushed to the extreme,
war is inevitable Is 1t not then, the safest course to
leave the in the hands of the Executive, without
least adding the excitement, which, from
evidence, is sufficiently rife
But sir, the report also embraces the of the
Caroline, which was not submitted to the committee.
To exhibit the point in controversy, only addition
the statement have read is necessary, viz. That
the destruction of the Caroline is attempted to be JUS
titled in the despatch of Sir Francis Head the
ground of self-detence. He alleges, in substance,
that the force on Navy island proceeded from the
American shore, and was augmenting, through the
agency Of the Carone, unrestricted by the authori
ties OF the State of New York, of the U. States.
4. q h,. ar ban x,t
vcrnment justification of the destruction of The
Caroline; and being taken, report on the case Of the
Caroline should have met ii directly, by denial either
of the fact or OF the consequence.
| complain that the case Is not met. No. sir, 1t Is
not met 1t is evadcd Mr.. Fox says The place
where the vessel was destroyed was, nominay, il is
true within the territory OF friendly Power but
the friendly Power had been deprived, through
bearing piratca violence of the use of its proper au
thority over that portion Of territory" And what is
the reply in the report 2 Now, the insinuaton Of
the British Minister that Schlosser nominaly"
within the territory of the United States, may well be
retorted can, with equal TRUTH say that Navy
island was normally" within the territory of the
British Government for, at the period to which we al
ude the people collected there had eecualy defed
Canadian authorities any portion Of our people had
ours What is this sir but admission that Scho ser
and Navy Island were equally in the power ofthe Pa
trots equal defiance Of the power of the Govern
mcnt to which they respectively belong What but
an evasion If not an admission of the ground taken
by Mr. Fox Is this the position on which we are
willing TO rest causeto place the issue of peace
or war No, sir, no. hope we can make better
case. In order to make case, | think the facts
should be re-examincd | not satisfied TO rest the
case on the evidence taken. We should be in the
rght-we should be certain we right, before we
take our final stand. In my judgment, the evidence
should be retaken. desire that person of the high
est responsibility should be commissioned TO re-cxa
mine the whole case with view 10 arrive at the
truth, whether for or against us. Perhaps, too, II
might be advisable TO ask the British Minister to Join
in the investigation. Let the testimony be taken on
both sides of the line For one desire TO know how
far the proper authority of the United States was over