Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-03-10

IT
rested. and upon various testimony beino t,IIs51
was then discharged. He was afterwssrs s', ~
rol'ed second tune. Upon the evidence - then
.essnleo, ne was imprisoned to await his trial
mere was no invasion Of British tertitorv ~
selze Or take him. Butupon bis being volun-
tariy within our territory. he was arsssisd -
any cluzen ofthe United States. cbarreS with
Nmlar offence, might have been. Ne l,no,r
oi nolaw Of nations that would EXEMPT q mar,
rom arrest and imprisonment for offences
onSrged 20 be committed against the . peace
anu olgnlty" OF State because he is a sub.
jsce OF Great BrltAini on because he committed
. .,,e crime at the irstigation orunder the an
slOrisy Oh British Provincial officers: much
less 90 we know Of any law that would Justify
.ne resident to deliver him up without a trial
Al tne demand and upon the assertion as 10
,acts' OF any agent Of the British Government.
we mad been at open WARMTH Great Brtaiu
ana Mcleod had committed the offences char
geo. then he might have fallen under the rules
ana regulations OF war, and been treated as a
prisoner OF the United States Governments
would have been subject to the laws ofnationr
IN war. But as the alleged criminal acts. IN
winch Mcleod is charged to be Implicated,
were committed in profound peace,it is a crime
as far as he may be concerned, solely aoainst
the "peace and dignity ofthe State Of New
York; and her criminal jurisdiction Is comnlete
and exclusive. If the crimes Committed he,
such as to make man hosts human, oe,,,,e-
an outlaw-a pirate, in the legal accepfation Of
the term, then under the law of nations. tho
United States courts and tribunals would have
Jurisdiction. But the offence CHARGED n ,h;s
case committed as it was in time of neace' ss
far is this individual was concerned vros oua
purely against the Ier loci, and coming exclu-
slyelys within the criminal jurisdiction of the
| The Minister, in his letter Of the I3th he.
cember, 1910, says ait is quite notorious
that Mr. Mcleod was not one Of the party en-.
gagged in the destruction of the Steamboat
Caroline and that the pretended charge mon
winch ne has been imprisoned rests only upon
the Perlured testimony of certain Canadians,
outlaws and their abettors," &c. This NAV
perchance all be SO; but it would be asking a
great deal to require an American court TO
yield jurisdiction, and surrender up prisoner
charged with offences against the law, upon
the mere ipSe dtrit of any man, no matter how
high IN authority. Whether Mcleod be quill
tyor not guilty, is the very point upon which
an Amerlcanjury alohe have right to decide.
Jurisdiction in State tribunals ouer criminal
cases, and trial by GjG-y of the venue, are es.
sential points IN American jurisprudence. And
It is total Misrepresentation as 10 the nature
OF our systemic suppose that there is any right
IN the Federal Executive to arrest the verdict
of the one, or thwart the jurisdiction of the O.
Their. Ifsuch power existed, and were ex.
ercised, it would effectually overthrow. and
upon a vital point, the separate SOVEREIGNTY
and independence Of these States. The Fed
eral Executive might be clothed with power
to deliver up fugItives from justice for offence:
committed against foreign State, but ever
then it might not be obligatory to do so, unles:
Il were made matter of treaty stipulation
This duty and right in an Executive has gen
orally been considered as dormant, until made
binding by treaty arrangement. But wheI
the Imatter is reversed, and demand is made
not OF fugltlves from justice for offences com
mtted against foreign power, but for the lib
Grafton OF a man charged with offences agains
the peace and dignity of one of our own State.
then 1t Is, that the demand becomes preposter
GUS in the extreme. The fact the offences were
committed under the sanction of provincial au
thorities does not alter the case, unless VIZ
were IN a state of war. In such cases as the
present, the power TO deliver up could not b.
conferred upon the Federal Executive by trea
ty stipulation. 1t could only be conferred il
those cases over which Jurisdiction is clearly
delegated by the Federal Constitution. Such
for Instance, as treason, which is an offenc,
against the conioined sovereignty oithe States
as defined IN the Constitution dyer oil Aa-~
oVcepr rnosJ dchned IN the Constitution, ant
those coming clearly under the laws Of nation
the States have exclusive jurisdiction, and tn
trial and punishment for offences against then
are incident to their separate sovereignty. |
is not pretended in this case that there is an
treaty stipulation under which the demand
made; and the Federal Executive, under GU
system, has no power but what is conferred b.
) the Constitution, or by special law of Congress
{ In the former it is declared that "the Execl
tive power is vested in President Of the I'm
] ted States" and that power is then to be poir
e ted out and defined Dy special laws passed fror
time to time, imposing such duties as ar
e thought proper and expedient by Congress.
= Your committee deem it dangerous for tn
n Executive to exercise any power over a sui
s iect-matter not conferred by treaty or BY Law
d and to exercise it in any case in conflict wit
It State jurisdiction, would be worse than daI
It gerous it would be usurpation.
g But YOUR committee forbear to press thes
e points further at present, and they would nj
n have said as much on such clear questions
a international law, bvt that in this case, the
is mand for liberation has been made by the a
Of credited agent Of great power, AMI und
d circumstances of peculiar aggravation and e.
it element.
IS We have Other points of difference wi
- Croaf Rrifain which add infaroSf RI evel
IN question that arises between US at pesent.-
Neither our Northeastern or Nortlwestel
in boundaries are yet settled with her, and Il
70 subject is not entirely free from difficulty
D. She has recently seized our vessels ind exc
se cised power itUOEUiag the right Of saIrch, u
Of der the pretext Of suppressing the forIign sa'
nd trade, which, if persevered in, will sweep o.
nd commerce from the coast of Africa, ND whi'
ev is incompatible with our rights as martin
nd power. She has recently in her. Itercour
ms with us, refused indemnity and lenied o
an rights to property, on subject-mater vital
oh near one half the States of this C'nfederaC
its and which, considering her military position
re. bermuda and her growing power ID the We
it'll Indies, rs of the last Importance toour natioi
rat independence
Ter All these subjects make every question
nc tween us, at this peculiar Jnnctur', of the de-
ter interest. 49,
ion Besides this, we are both permanently d,
me tined to have, perhaps, the NEST extensl
at commerce of modern nations. Cur flags tx
f. side by side, over every sea, and ray, and IN
If ofthe known globe.
Os- She moves steadily upon her Objects with
IrOl ambition that knows no bounds. And VIII
- o,,o- sl,a has had a conflict of inteest she