Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-18

some from curosity--some from dleness-and others
from taking interest in the unusual and extraordi
nary collection of adventurous men gathered together
at that time on Navy Island. Navy Island was 'no.
minally" in the British, "tcrrtory.'
The owner of the Caroline took advantage OF these
circumstances, to make money with his boat, by
running her, ferry boat, over to Navy lsaad Al
these facts appear from testimony regularly taken see
H. r. Doc No. 800, pages &c and 80, I'D Session. 18th
CongressD and The Committee know of no legal evI.
dcnce to contradict them. There is proof that
my arms munitions of war were carried in the
boat, except perhaps, one small SIX FOUNDER field
piece belonging 10 passenger The principal object
was TO run the boat as ferry boat from Schossc-
on the American side, TO Navy Island on HE British
SIDE u IS believed that, even in war, neutral pow
er has the right to trade in conraband articles, subject
OF course TO Seizure and conscaton, taken within
the jurisdiction Of either of the ccntendng parties
What IS contraband of is not always certain.
Treaty spulations frequently include some articles,
ond exclude others recognised in the law OF nations
Trading in contraband articles excuse for invading
the territory and soil ola neutral and independent pow
er whose private citizens may choose to run the ha-
yards If such trade. In this instance there no
two foreign powers engaged in war; but all concerned
in the outbreak or excitement within the British urs-
diction claimed TO be British subjects, in resistance Of
the authorities Of Canada, province Of the British
empire. Even admitting, then, that the Caroline was
engaged in contraband trade yet il was with citizens
who claimed 10 be subjects Of the same empire with
Province. Abstracy speaking, how was 4 private
citizen to decide who right and who wrong in
these local disputes And which portion OF citizens
Of the same province must our citizens refuse TO have
any communication with But the boat was merely
used for one day rs ferry boat and, The night Of
the day she commenced running, she was seized while
moored at the wharf in Schlosscr, and burnt Several
men were assassinated; certainly one, who fell deac
upon the dock. Now the nsnuation of the British
Minister, that Schosser ''non;inally within the
cat. h.
can, .:i;l equal truth say, that Navy Island was "nc
minally within the 'starriiory' Of the British Govern
merit or at the period to which allude, the pro pic
collected there had e!fectuay deied Canada antio
ties, any portion Of people had dsresarded
Yet British authority thought proper 10 pass by Nav;
,slard then its ''nominal territory and IN the pen
tude Of lis power, to cast the mgis of British jaris
dicton over American soil. This truly extending
over Us tina! kind guardianship which they had not
the ability at that time 10 extend TO portion Of TIER
territory ana which recommends itself US full Us
much from its assumption from its love Of right
las.
The British Minister is pleased also to call the Caro-
line "piratical steamboat. The loose epitliets Of
any one, no matter how high in place, cannot maze
that piracy which the law If nations does not recognize
as such Pirates f.eebooters, enemies Of the human
race; and eminent urlsts describe them as ravagng
every sea and coast with flag and no home. Piracy
under the concurrent lurisd:con o! all nations
Even in the worst point Of view that II can be cuns!
were but aders and abetors Of others engaged in re-
hellion. And the Committee totally at loss to
know upon what authority rebellion recognised rs pr
racy. Such contounding of terms is resting the case
upon epithes, instead Of sound law facts But even
surprising il TO be a''praca boat as the Minister as
sers it to be; yet the moment it touched our soil 1t Tell
under sovereignty, and no power on Garth cond
rghtfully invade it.
There is no doctrine consecrated in English
history, than that every human being who touches the
soil Of Great Britain is Immediately covered by British
law Suppose one OF hfr vessels were cut from the
banks Of the Thames and burnt by Frenchmen, and
British citizens assassnated a. night: and the
French Minister 10 ayow that they acted under
the orders of his Government, and that the vessel was
s'piratcal. and the citizens murdered were outlaws
then there is not Englishman whose heart would
not beat high avenge the wrong, and vndlcate the
rights Of his country The law there is the law here
And there is International law consistent with the
separate independence Of nations, that sanctions the
pursuits of even pirates to murder and arson over the
soil and jurisdiction OF one of the States of this Cone
deracy No greater wrong can be done to n country
than invasion Of SOIL If it be done with Impuni-
ty at point, and OCCASION II can be done at
another, and the nation that submits to it, finally sinks
down into dwelling mbecility If representation OF
the of things at Schlosser, and the conduct Of
those who had control Of the Caroline, had first been
made the proper authorities Of New York, Of the
U. s., then there would have been some show at
least of respect for sovereignty and independence,
and disposition to treat us equal. But in this
case, If 10 treat authorities with contempt there
was no preliminary demand or representation made.
1t was hoped that the outrage Perpetrated by
a party in sudden heat and excitement upon their
own responsibility. But the British Minister now
that "hc act the public act of persons obey
ing the constituted authorities of her Nacstys FRO
vince" and again afirms that cit public act OF
persons in her Maes,ys service obeying the order Of
their superior authorities
II this had been the first and only point OF collision
with Great Britain, 1t might not have excited such IN
terest but there assumption IN most OF our inter
course with that great power, voting to the pride and
spirit of independence in free people If II be her
desire preserve peace her true policy would be to 90
Justice and show that courtesy equals which she has
always demanded from others. Tie committee do not
desire to press views this part OF the SUBJECT partl-
cuarly as demand has been made by our Government
upon the Government of Great Britain for explanation
as TO the outrage committed, the to which IT Is
hoped will prove satisfactory.
As to the other points presented in the demand made
by the British Minister for the liberation OF AleSan-
der Mcleod, the committee believe the facts oil the
case tn be- that the steamboat seized and burnt as
stated before and that citizen citizens OF New
York were murdered in the affray. And there were
reasons to induce belief that Mcleod was Particcps
erminis He at first arrested, and upon various tcs-
limony being TAKEN was then discharged lie was AZ
forwards arrested second time. Upon the evidence
then presented, lie imprisoned to await his trial
There was no invasion Of British territory to seize
or take him. But upon his being voluntarily with
in territory, he was arrested as any citizen OF the
u. S., charged with similar offence might have been.
We know Of law of nations that wond exempt man
from arrest and Imprisonment for offences charged TO
be committed against the ''peace and dignity OF al
State, because he subject Of Great Britain, or be
cause he committed the at the nsgation or under
the authority of British Provincial oifcers much less do
we know of any law that would justify the President
to deliver him up without trial. at the demand and upon
the assertion 10 facts, Of any agent of the British Co
vernment. Ii we had been open war Nth Great Bri.
tain and Mcleod had committed the offences charged,
then he might have fallen under the rules and reguln-
tons of war, and been treated prisoner of the u >
Government and would have been subject to the laws OF
nations in war Butas Inc alleged criminal act, in which
Nc Teod is charged 10 be implicated, were committed
in profound peace, it is crime, as far as he may be
concerned, solely ngains tie 'peacc and dignity OF
the State ofNew York, and her criminal jurisdiction IS
complete and exclusive. If the crimes committed be
such as to make man hosiiS human gennS-an outlaw
"A pirate in the legal acceptatiou Of the tern 'hen
under the law of nations the United States courts a'
tribunals would have jurisdiction But toe ohence
charged in this case, committed as IL YVES N Hme "