The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-08-10

could they now charge their successors with being
laggards in matter over which they themselves
had slept profoundly for three years? if they.
were IN power, they would sooner dispose Of this
case ofMcLeod. Oh, yes But this tumult of
their blood had never been reused till the issue of
the election had become known. When they
were Just going out of power, report was made in
the other House, such as he should not stop to
tice. 1t seemed as if they anxious TO show
that they had the power to create panic, when
power to do any thing else in the case had departs
ed from their hands. They could sink the prices
OF stocks, they could bring home our fleet, when it
was too late for them to take any measures to re-
lieve the real difficulties of our country.
Mr. L. vindicated, in manner equally decided,
despatchng Mr. Crltenden into the State of New
York. If the point ofNa:ionai law Mr.
Fox commended, and MI Webster admitted it to
be, the both justice and policy required that
every suitable measure should be taken "a nd taken
promptly, to prevent the shedding Of innocent
blood. Ought the Secretary TO have stood on nice
points of etiquette, when the trial Of Mcleod was
just at hand, and their was danger OF judicial
murder? AS TO the alleged sacrifice OF dignity,
from the indulgence of too much haste in this
movement, In case of humanity no haste could be
too great. On such mission the most digniied
Individual might be sent, and, instead of being de
graded, would be honored by the mission.
Mr. L. here referred to the interruption of the
laws which had taken place once already, when
Mcleod was discharged on bail, and insisted that
this rendered it still moro proper that every suitable
step should be taken to establish the supremacy OF
law. These are broad, wise, truehearted princi-
pies of policy The plea Of Mcleod to the indict-
nent against him. was tine plea OF the nitedSietes.
The United States were party in the trial; its bu-
| siness was 10 guard Mcleod, and obtain possession
OF his body. that it might be taken from the
ipai and delivered up to the treaty making power.
Various pleas might be entered resort might be
had to habeas corpus, 10 plea IN bar, to plea
! to the jurisdiction. A question of jurisdiction was
question for the court; and the case of Mcleod
never could be a jury case, but was case for the
! Judge. A demurrer always assumed the facts, and
superseded the resort 10 jury.
Mr. p. in the next place proceeded to discuss the
question of national law. He quoted the position
assumed by Mr. Fox IN his letter-a position which
every dictate of his judgment, we'll every O.
motion of his heart, went 20 confirm. So obvious
did he consider its rectitude, that If any nation de-
waited from the principle, that nation, ipSo focto,
ceased to be civilized. He not aware that such
nation did exist but il il did, he siiama,isedir as
uncivilized He noticed it as curious oircunl.
stance, that the language of Lord Palmerston was
almost identical with that of Vattei, while the
acknowledgements on the part Of MI Webster was in
the very words Of Rutherforth. Ifthey were both
Mistaken, they had at least the comfort of erring
in company with two of the most enlightened pub
cists which the world had seen, After some gem
eral remarks upon national law science, and
the distinguished characters OF the chief writers vi
on it, particularly that of Grotius, MrP came down
to the case in band, and contended that the mis-
take of Mr. Buchanan and Mr. Calhoun, arose from
not Noticing the distinction which ought to be
made between acts ordered by Government, and
those which government only permitted be
done in other words between command and con-
nivance.
In reply to the position that' in of outrage
like that Of the Caroline, our Government had ac-
cumuated remedy, first against the perpetrators, d
thus against their Government, Mr. P.sad that that
might be true IF the object were mere vengeanceSS
retribution; but vengeance was not principle rec
ognzed by national law or by criminal law of par.
ticnar nations far less by the genius and spirit of
Christianity. No such principles had been reeog-
nized since the days of Beccaria. The true motive
in all penal law the prevention offuure crime
or the obtaining of redress for that which past.
Now iCthe object TO prevent repetition of
such acts as the invasion Of territory and the
burning of our vessels by order of British Coloni
al authority, our course to proceed agans,
Great Britain, and not against miserable individu
ALTO proceed against him would neither prevent
crime hereafter nor obtain redress for that which
had been committed. 1t would be equally cruel d
futile to place the people of Canada in such posi-
ton that il they obeyed an order from their own
Government they must be hanged on The other
side Of the line; and if they refused they must be
hanged on their side of it. Mr. r. had some rea>
to feel this subject, for he had once been IN
position himself which required him very ser
ously to look into his Liabilities He had been
placed between the orders Of his own state and
those OF the General Government, and had matters
come to the arbitrament Of force, take what course
he would, he might have been exposed to feon's
death. The Senator from Pennsy lvania admitted
that fagrantc Jelio, the individuals committing VIC
lence by order Of their snperiors were not amen
able to municipal authority. But then he had
drawn distinction between such case as the