Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-19

4
c. Wy within which he has been arrested. But what
inc law OF nations in regard to criminal offences
m,ueu py the citizens or subjects Of ono Pows
wthln The sovereignty and jurisdiction OF nnothc
rs they being at peace with e.eh other, even il the
" c'ihina acts should Ice recognized and justified
W ho onender's sovereign. This Is the case of u
&c capture and destruction of the Caroline. The sui
lee' IN treated OF by Vhttcl, under the head "of u
concern nation may have in the actions OF her cit
e zens," book ii, chap. G, page I6. shall read SCI
IONS IS, "a and rs:
y However, as il is impossible" says the uutho
a lor the best regulated State or for the vieaI
anu absolute Sovereign TO model at his pleasure n
the actions OF his subjects, and To con6ne them o
every occasion 10 the most exact obedience. il woul
DC unjust To imputo 10 tho nation or the Sovereis
, , every fault committed by the citizens. We ougi
not' then, to say in general that we received an in
Jury from nation because we have received II froI
one of its membersn
'But nation or its chief approves and rattle
tho act OF the individual, it then becomes a publ
concern, and the injured party is then to conside
inc nation as the real author OF the injury. of whic
the citizen was perhaps only the instrument"
| III the offended State has in her power the ind
vidual who has done the injury, she may, withou
seruple, bring him to justice and punish him. II h
mas escaped and returned TO his own country, SIN
IN the case"
Can any thing in the world be ecaret1 The au
thor puts the case distinctly. The nation iniure,
ought not to imputc TO the Sovereign OF a frendl,
nation the acts OF its individual citizens: but if such
friendly Sovereign shall recognize the acts as hi,
o"n' Hthen becomes national concern. But doei
suen recognition wash away the guilt Of the often
DER and release him from the punishment due 10 his
ohence under the jurisdiction Of the country whose
laws he has Violated Let Natiel answer this cues
uon- lie says at the offended State has in her
power the individual who has done the injury, she
may, without scrupIe, bring him to Justice and pu
nish him." There is the direct, plain, and palpabe
authority. And here permit me to add that think
can prove that, according to sound reason, the
pnheip'e IS correct; and that the question would
now 0e 50 decided by courts, even if the law of
| nations had been silent on the subject This not
only Is, but ought to bc the principle OF public law
MIR Webster, IN his letter to Mr. Fox of the 2IIh
APrl, tells the British Minister that the line of
frontier which separate the United States from her
Britannia nlajesiy's North American Provinces "is
long enough TO divide the whole OF Europe into
halves"
This is true enough. Now, by admitting the doc
trine OF Naitel to be incorrect aud unfounded on
what consequences are we forced1 bee Senat,rs tn
consider thus question. The line which separates us
from the British possessions is line lony enough 10
divide Europe into halves. Heaven knows have
no desire To 4 rebellion in Canada ar tho q, :
madam provinces annexed TO the United States. I'm,
no event IN futurity is certain than that hoso
provinces are destined TO be ultimately senar,tsd
from the British empire. Let civil war come and
let every McNab who shall then have any comnan6
IN the British possessions along this lone line be n,r
United 10 send military expedition into the terrific
ry OF the United States whenever he shall believe or
pretend that II will aid in defending the royal am
thority against those who are resisting IT, and war
between Great Britain and the United States bo.
comes inevitable. a British subject maraudino nm
der the orders OF his superior officer on this side of
the line Is seized IN the very act. Well what is to
&c done! suppose we are 10 wait until we can
ascertain whe her his Government chooses TO recog
MISE ms hostile or criminal act, before we can inf CT
upon HIM the punishment which he deserves for vi.
oling our laws. Ii It does, the ai doc: Is imne-
G"tey TO be thrown opens the offender, it may be
the murderer, takes his fight to Canada, and we
must settle the question with the British Govern
menL Such Is the doctrine advanced by the b i:ish
Government and our own Secretary ofSlate This
principle would, as | say, ead us Inevitably INTO
war with that Power. What can be done in a sta,e
OF war; In that case, the laws OF war provide tb,,
persons invading our territory who are captured
snail be considered aud treated as pisoncrs of war
But while the two countries continue at peoce n
man taken IN the fragrant act of invasion and yio-
.ence cannot oe made prisoner Of war. Mcleod
however Is not TO be treated on this principle and
punished under our laws II he be guilty. iest we
should offend the majesty of England. The laws of
New York are 10 be nuIfed, and the murderer is to
run at large.
But If the principle laid down by Vauel he sound
ana true, all difficulty at one vanishes such an
offender be caught IN the preparation Of criminal
act, ne IS then punished for his crime Let him be
r!ed Tor II at leas ard then, II there are any mti-
gazing circumstances IN his sc, for the sake OF good
neishOoTGood let him ape. There will then h..
no danger OF war from this cause Iet me sunnoSa
ease. Suppose Colonel Allan McNab should t,ke
II INTO MS head that there exists in the United States
! conspiracy against the British Government and
should believe that he could unrayel the whole ot
by soizing on the Ufit-d States mail in its n,.s,ge
from New York TO Buffalo. He places himself =,
The head OF party, comes over the line and SEIZE
and roos the mail but in the act he is overpowered
and arrested, and he is indicted before n criminal
court Of the United States. Will IL be m,in,,ineJ
that If the British Government should saw We 70.
cognlze the act OF McNab in robbing youT maj; &C
we have already recognized that of his burning vour
Steamboat and killing your citizens, would Mr.
webster be Justhed IN directing nois prost0ui TO
be entered in hIs favor, and thus suffer MIN 10 90
| freel '''''' ~ 81
| do not say that the British Government, would
act IN tins manner but put the case as fair illus
tFaton OF the argument. There was one case in
| which something very like this might have hnppen-
ed and It was even thought probable that il would
happen. IL was reported That an exneJition had
been planned TO seize the person of Mcleod and IN
| carry him Off Canada; and believe that very
dsiIng GlshCd and gallant general in the II S,,,es
service, Gen. Scott, IAN officer for whom in com,
mon with all his fellow citizens, cherish the highest
| respect and regard vent, in company with the At
torney General, to Lochpori; and il was coniectur
Cd mat he had received orders to hold Mcleod and
/ defend the LockPou jail against any incurslon of
Sir Allan McNab or any other person.
Suppose now that such expedition had been
set on ioO' that 1t had succeeded and that M'Leod
had been seized and carried on in triumph, the two
"'-'v"s "tliS St'il III plVloAnu peace. The rescue
OF prisoner IS high criminal offence. What would
have been done with McNab # he had yoIun,,riIv
come within our Jurisdiction and been nrresteJ1 II
he could be indicted and tried and punished before
| the British Government should have time IN rerog
Mise his act, very well. Bul If not then IT the mo
ment o. such recognition, he would be no lonoer re-
sponsib.e and must forthwith be SET free The min
clple OF Va'tei, rightly understood, Absolutely se
cures the territorial sovereignty Of nations in time of
peace by permitting them TO punish oil ny,sione nj
I heir ~ erin 4 =.
eminenty calculated TO preserve peace among ali
nations. War has Us own laws, which arc never IN
be extended TO the intercourse between nations at
peace.
The principle assumed in Mr.. FoS's le,te, i,wel
calculated for the benefit Of powerful nations " hen
con ending against their weaker neighborg. nm,
in saying this do not mean 10 admit that we are \
weak nation m comparison with England. We d1
not, indeed, wish to 90 to war with her. vet am
confident IN the belief that whnteyer we nigh, sui.
Ter during the first period q such contest would h,
amply compensated by our success before w,
reached the chi Of it) But let me present an en-.
ample.
Let MS suppose that the empire Of Rus,n has by
her side cOterminOus nation, which il comp,ri
uvc'y weak. A Russian Colonel, during n session
OF profound peace, passes over the boundary nnt
commits one criminal oct against the citizens of ia,
weaker nation. They succeed. however in seiz in,
ms person, and are about 70 punish him according
" the provision Of their own law. But Immediately IA,
, RUSSIAN douu'ed-headed black cngls makes us M
psaronrci Russian officer says to the authorities
OF the weaker nation, Sop; take of your hands: yo,
snail not vndlcaie your laws and sovereignty
, We assume THIS mans crime as a maj onaI act