The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-04-01

cepliOle @OI uouOts VIC WuoiC ua'iOAis s'iS
individuals. and especially the military,
refer it to those who govern, TO the SOW
ereign, and are obliged to it by essential
principles of political society and OF gov
ernment. How would public affairs be
carried on, if at every step of the sover
eign, the subjects were to weigh his rea-
son9 Prudence sometimes does not adj
nit that sovereign should make known
his reasons. I, is the duty of subjects to
suppose them wise, while full and abso-
Lutte evidence does not tell them to the
contrary. The sovereign alone is bound
to repair the injuries. The subjects and
particularly the military, are Innocent;
they have acted only from necessary
obedience. Government would be I'M
practicable if every one Of its instruments
were 10 weigh its commands, and tho
roughly canvass their justice before they
obeyed him. But if, for the welfare OF
the state, they are TO suppose the sover-
eign's orders TO be just, they are not to
be responsible for them While. there
fore, the attack upon the Caroline was
considered the act Of Mcleod, (supposing
him to have been presently not avowed
by the government, it was right that he
should be made responsible, individually,
for the act, and be held liable to punish
ishment as violaler of our laws. But
when his government avows and jus,ities
the act, his individual liability ceases, and
our claim for redress for the violation OF
our territory, the destruction Of property,
and the killing of a citizen, is against
Great Britain.
In this light the matter seems to have
been viewed By MIR Forsyth. He justi-
fes the proceedings against Mcleod, ex-
pressly on the ground that England, tho
, called on long since to avow or dlsavow
the alleged outrage, had not assumed any
responsibility in relation thereto.
In such state of the case. Mr.. For
, syth says the laws of the state of New
, York must have their course, and canno,
be inlcrlered with by the general govern
| ment.
1t is generally understood that Mr. For
syth's letter disclaimed any authority on
the part of the general government to
, interfere with the proceedings in the
courts of New York under any circum'
stances.
If the letter of the Secretary admits
OF this construction, he is most certainly
= wrong.
Suppose that during the last war will
England, a British officer, who had at.
lacked and burned Buffalo, had been IN
e dic,ed by grand-jury Of Niagara county
for murder and arson, and had after
!. wards been arrested-would the Secreta
ry of State in such case say that New
York was sovereign, and the Genera
e Government had no power to interfere!
y Certainly not.
j.. The State Governments are, to Ger
= tain extent sovereign; but their sovereign
/. W is restricted so as to leave with thu
. General Government all the au,horit,
), necessary to adjust all difficulties witt
d. foreign powers, upon the usual principle
a which govern the intercourse of the ma
$ tons Of Europe.
If "a small military expedition, underta
). ken in France, should enter an EnglisI
harbor, attack vessel of a subject o
Queen Victoria, kill man on board
and burn the vessel, and an individual o
: the expedition should afterwards be ar
rested in England and indicted for arso
= and murder, and France should deman
: release of the prisoner, England nigh
: say as did Mr.. Forsyth, he is in tn
) hands of law, from which The govern
= ment has no power to release him. Blu
u should France aUoW the act, then III
y power Of the British government, to re
lease the prisoner would be unques,iona
l, i BILE. and England would look to Franc
= for redress.
:" in the same relation stands our Genera
= Government TO England in this matter; a
: England has now avowed that Mcleod
:, act, (presuming him to have been preser
= at the burning of the Caroline) was don
under her authority, our General Govern
: ment has right to direct his release, an
to look to England for reparasion. So
least we view the matter. But if tn
: General Government has not the power
= : II must rest Somewhere. Mcleod is n
- longer criminal; because he acted unde
: orders from his government.
: May not this matter be pleaded, {
may he not be brought up on habes
corpus before our Supreme Court, an
u when there, upon showing that the exp,
~ dition with which he is accused of bein
VI connected. and the acts for which he
. indicted. were by the authority of h
T., T. government, may he not be discharged
: We are glad that the further dscussio
> and disposition of this matter has falle
: into the hands of one who so we'll unde
= stands national rights and duties as Il
:, new Secretary of State, Mr. Webster.
al The SOUTH AND MANUFACTURERS
ir The Wheeling Times, ola late date. say
1.-The South is evidently coming round
10 the right side Of its senses on question
o. that. more prominently than any o,he
in affect our national interests. The Ricl
a monh' Wing. a few days since led us
M believe that it considered the only obie
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