Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-03-11
Congressional Document.
HOUSE OF REPRESENTATIVE Es.
The Burning of the Caroiine.

L
! Mr.. Pickens, from the Committee on For
ton to the correspondence, referred to that
committee, between Mr.. Fox and MIR. For
syth, on the case of Mcleod.
nj. p. moved that it be laid on the table
and printed.
The Report was then read, for information,
as follows:
The Committee on Foreign Affairs, to
whom was referred the Message Of the Pres
ident, Transmitting correspondence with the
British Minister in relation to the burning of
| the steamboat Caroline, and the demand made
| for the Liberation of MIR. Alexander Mcleod,
respectfully report:
ltappears that the steamboat "Caroline"
was seized and destroyed i'm the month of De-
cember, 1897. The committee are induced
to believe that the facts of the case are as fol-
lows: The boat was owned by. and in pos
session of citizen of New York. She was
cleared from the City of Buffalo, and on
the morning of the Goth of December, 1897,
she left the port of Boffalo, bound 10
Schlosser, upon the American side Of the
Niagara river, and within the territory of the
United States. The original intention SEEM
ed to be, to run the boat between Buffalo and
Scholosser, or, perhaps, from Black Rock dam
to Schlosser, and, should it seem profitable,
1t was intended to run her also to Navy Is
land, and touch at Grand Island and Tona-
wanda. Her owner was Mr. Wells, said to
be respectable citizen of Buffalo, and it is
obvious, his intention in putting up the boat
was one of speculation and profit entirely.
The excitement upon that portion of the from
tier, at this period, had collected great many
in the OBSERVATION-DISCLOSURES from curiosity
| some from idleness-and others from taking
| an interest In the unusual and extraordinary
collection of adventurous men gathered to-
gether at that time OH Navy Island. Navy
Island was "nominaly" in the British "terri-
tory"
The owner of the Caroline took advantage
OF these circumstances to make some money
with his boat, by running her, as ferry boat,
over to Navy Island. All these facts appear
from testimony regularly taken, (see H.. r.
Doc. No. 302, page 4S and 40, I'd Session,
25th Congress) and the committee know of
no legal evidence to contradict them. There
is no proof that any arms or munitions of war
were carried in the boat, except, perhaps, one
small six-pounder field-piece belonging to a
passenger. The principal object was to run
the boat as ferry boat from Schlosser, on
the American side, to Navy Island, on the
British side.-It is believed that even in war,
neutral power has the right to trade in con-
traband articles, subject, of course, to seizure,
and confiscatiop, if taken within the iurisdic-
ton of either of the contending parties. What
is contraband Of war is not always certain.
Treaty stipulations frequently include some
articles, and exclude others recognised in the
law of Nations. Trading in coniraband arti-
cles is no excuse for invading the territory
and soil of a neutral and independent power,
whose private citizens may choose to run tho
| hazards of such a trade. In this instance
there were no two foreign powers engaged in
war but all concerned in the outbreak or ex-
| element within the British jurisdiction:
claimed to be British subjects in the resis-
| lance of the authorities of Canada, province
OF the British empire.-Eyen admitting, then,
the Caroline was engaged in contraband trade,
yet 1t was with citizens who claimed TO be
subjects OF the same empire with those who
were styled the legitimate officers of the Pro-
vince. Abstractly speaking, how was a
private citizen to decide who were right and
who wrong in these local disputes And
which portion of citizens of the same prov
ince must our citizens 'fefuse to have any
communication with2 But the boat was
merely used for one day as ferry boat; and
on the night of the day she commenced run
ming, she was seized while moored at the
wharf lii SchlosseT, and burnt. Several men
| were assassinated certainly one, who fell
| dead upon the deck.-Now the insinuation of
the British Minister, that Schiosser was 'snom-
lnaily" within the territory of the United
States, may well be retorted, as we can with
equal truth say that Navy Island was ''nomi-
nally' within the ''territory" of the British
| Government for at the period to which we
allude, the people collected there had as effec-
tually defied Canada authorities as any por-
ton of our people had disregarded ours. Yet
British authority thought proper to pass by
Navy Island, then in its ''nominal" territory,
and in the plenitude of its power, to cast the
/ @gls of British jurisdiction over American
| soil. This was truly extending over us that
kind guardianship which they had not the a
biity at that time TO extend to portion of
their own territory, and which recommends
itself to us, full as much from its assumption
as from its love of right or law.
The British Minister is pleased also TO call
the Caroline "piratical steamboat. The
loose epithets of any one, no matter how high
In place, cannot make that piracy which the
law OF nations does not recognise as such.
Pirates are freebooters, enemiI of the human
race and eminent jurists describe them as
ravaging every sea and cost with no flag and
no home. Piracy comes under the concur
rent jurisdiction Of all nations. Even in the
worst point of view that it can be considered,
those connected with the steamboat Caroline
were but aiders and abeitors of others enga-
ged Ill rebellion. And the committee are to-
tally at loss to know upon what authority
REBEL lion is recognised as piracy. Such con-
founding OF terms is resting the case upon ep-
ithets, instead Of sound law or facts. But
even supPosing it to be ''piratical boat"
as the Minister asserts il TO be; yet the mo-
mcnt it touched our soil it fell under our SOW
reignty, and nopower on earth could rightful.
ly invade it.
There is no doctrine more consecrated in
English history, than that every human be-
Ing who touches the soil of Great Britain is
Immediately covered by British law. Sup