Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-07-02

III alleged defence OF Her Majestys territories,
and, as such, was justified by Her Majesty's
Government at home. However unwarrantable
the act, from that moment it could be viewed
only as national wrong, the full responsibility
of which was assumed by the British Govern
ment, and in which the individuals concerned
were but irresponsible instruments, acting under
orders which they were implicitly bound tc
obey.
Under these circumstances, the present Ad-
ministraton was called on, bin the first week
Of its official existence, 10 decide what course
was due to the national honor in this new atti-
tude of things. They could not but admit that,
by the principles of public law, as recognized
and sanctioned by the usages of all civilized ma
tions persons engaged in military or naval enter
prises, under the orders of their lawful superiors
could not be held responsible for what was done
in the execution Of those enterprises. McIe ID
however, was in the hands of the judicial tribu-
mails of the country, and by regular judicial pro-
cess only could he be discharged The Exacu-
tive authority had no right to interpose its arm
for his release. What, then, was the answer
OF the Administration to the communication of
the British Government 1t was such as MIR.
X. believed the Senate would feel to be in &C.
cordance with the honest national pride of every
American bosom. 1t was, in substance, this,
for he had not the answer of the Secretary of
State then before him. You (the British Gov
ernmcnt) now avow the destruction Of the Car.
| oline as public act of military and naval force.
done under your authority. lenceorward Nc
l.eod ana others, who acted under your orders,
must stand excused in tho eye OF the law
Let the courts in the exercise ofthe jurisdiction
which Of right belongs to them, allow his plea
of immunity and discharge but we hold you res
ponsbe in his place, through all those modes
pf International rrdrpcc which tho cntla pf
t ons has provided for the prosecution or vndica-
ton Of national rights. "Ihe American Peo-
pic land here, said Mr.. Il. use, in part, the
very words of the answer returned by the Sec
rotary of State, mot distrustful of their
ability to redress public wrongs by
public means" are incapable OF thopoor revenge
of pursuing an individual for a national offence,
in which ho was but the instrument of his Gov
eminent.
Mr.. Rives appealed to tho Senate-to the
sentiment Of American pride-to that Roman
spirit which, he believed, yet survived in tho bo-
SONS OF his coutrymen, to say whether such a
reply was not worthy the country and the
Government I" parccrc subjects ct dcbellare
supcrblis" was the dictate of a lofty & m,gnan-
imous spirit, whether in ndvd ais or in States.
Historians have recorded the conduct of the Ro :
man senate on the occasion of their ambassador
being killed by the subjects OF De netrius, one
0. tne mos. powerful princes OF antiquity lem
cirrus nelvercd up the perpetrators OF Tue act
to the Romans hut the senate, suspecting that
he had connivcd at or encoul aged the crime, in :
nedatey sent back the individual offenders, no.
tiiying Dcme,rius that they would hold the soye-
reign, and not the subject, rcsp)n. iblc. Is it in
following the example of thut proud Republic
that the honorable Senator from Pennsylvania
finds ground for imputing to the Admin stra-
l'oli' III INC case o. NC leon' want OF proper
'd'loi'ai toho anu spIr'' Dut liio senator teiis
US also, .ha' ne d'sseh,s eit'feiy rom the
views OF tie ADMINISTRATOR III REGARDS 10 inc
prihc'p'o OF international law involved m the
correspondence nsl"eeh MI FOX ana the sec
rotary OF o'ate' " Ia' Is 'he Prihc'pie lnuS ae-
r'eu cte IT, ds thc hoDor'nic senator u'u'
lioh 'hc iel'er OF l'ist'uC''oNs 10 'i'e attorney
uehera'; IL IS therc iala Gown IN inc ioiiow-
..'e WORDS mere ~ therefore, now an a"'neh'
''c uec'ara'ion thnt ti'e a',arh on me oaroi'he
"aS d., act U, P"o.'c joIce' uoi'c D! m""ory "en'
uhder me orderS OF 'hr'r tupsrior oDcers, ana IL
recognised Is such oy the 'eueenS 'overn-
nien!' Ihat an 'nd'iuua! forming part OF a
Puonc Jorce' ana acting under me ou'horny %
n's uoeernnent' ~ mol 10 DC haid ahsWeraDie
as P.'a'e uesPoSsei y. NAV ID" P''"@',
P,' vi Pup''c ID" e""o''one" W 'tc ueasc y.
an TN',!Ieu nd.o'T' anu WINCH NC ''''iIl'
o. .ho O''cu "'a'eS mas no ''''''''a'o'' " U.S.
Pu.t' .,.,
l',c oca'o' rom 'r,'nSy,'a'''a co''e'eS '''A'
t.s u9c'r'lc ,s'pPi,Ianie ony 'oa sia,c VI oPcal'
.ornit,, anu ucc'arcu T"' III tn's o.s lea'e
casa nf n',,rr ,rore.s;on fcrnmul;t,ed nv nil
,arv man ,n,;n:, IN e,oJanco ~ thar snnerinr
.u,ior;,;os ,,.,,n,hor !, no il, ,,,,o If ,rnnor,l
al 6,rr,,l ,,.ar or no, Via, 10 tho raoso, nf
,Io ,h;n%, %, wv No, s1;.l !, ,bs i,ysr hu,
look ~ 10 corsiders,ions m wb;cb tho ruIe 10
fnnrd 4 WIN a,o On do,s and mi,arvm, ~, :
held ;rd;y;In,iIv resnons;h,s tnr ac,s If ynlanco
and ,rossnass ro,,,nt,oJ ~ ,nl;,arv onora,nns
IN rho nersons and nroner,v nf c;,i,cnI Of .no,h
a. n,tan1 Rnr,msr in tbssc acts thew are Tho
,nero ;ns,runon,s If birhnr power IonnG inn
nor,t;volv hv thar ,ller;ancn n vicId ,hoir cor
rircs NJ Tho caII -, ,ho cons;,u,cJ ,mhnr;,eS If
thar coun,rv a,J ~ olov ;n,nl;citlr ,ho ordo re-
If ,ho;r o,,,,,.nJ;nr ot1;:ors 7, is, not G,r 10
soldier or volunteer (ior they both stand on the
same ground) to inquire into the Justice or le-
gali,y of the orders ho receives. His duty is
obedience, while the responsibility for his orders