The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-15

, This Government and Great Britain, growing out OF
the affair of the Caroline, Is not yet July maze Up
lie who ell understands the present state 81 me neg
tation will see that the sAir is not TO be ended either
with the discharge or the execution OF Mcleod Dy
reference o the negotiation II viii be seen ina. tue
BRUSH Minister demands the release Of Mcleod up
on the ground that his acts OF public character
and the whole transaction planned and executed I'M
der her Majesty colonial authorities. The language
Of the British Minister, is ss follows
The grounds upon which the British Cover nment
make this demand upon the Government, Of the Unl-
ted States are these that the transaction account
of which MIR Mcleod has been arrested and is TO be
put upon his TRIAL was transaction Of public cha.
racter, planned and executed by persons duly emPow-
cred by her Majesty colonial authorities TO take any
steps and do any acts which might be necessary tor
the defence Of her Mscsty's territories and fol the
protection Of her Majesty subjects; and that conse
quenlly those subjects OF her Majesty who engaged in
that Transaction We're performing an act Of public du-
~ for which they cannot be made personally and IN
dyiduay answerable to the laws and tribunals OF any
foreign country.
Now sir, il will be conceded that il upon proof Of
the guilt OF Mcleod, condemn and execute him
outstanding this public recognition Of his acts by
the British Government that war is the newt able re-
suit The Government Of her Majesty need not pos
half the rapacy attributed To tilt need only
Y have a common sense OF national right and dignity,
after this public announcement through It's Minister,
to " let slip the dogs OF war Immediately upon our
refusal thus recognize and respect well established
rules of political and international law. And need
mt dwell here to add how bloody and ferocous would
be the rctaliatory measures necessarily flowing from
\ the abandonment, by civilized government, Of the
| familiar principle Of peculiar law commended for; how
greatly we would thus increase and aggrayate the mi
series OF war how frightfully would accumulate
| its almost indescribable calamitles even IN modern
times, by heapng upon them the atrocities OF uncisi.
zed and barbarous ages--by commlnghng national
with individual responsibility public with private right
and wrong, and 10 use the language of Mr. Fo,) by
mixing up with national evaporation the ferocty of
personal ASSIGNS, and the cruelty and bitterness ofn-
divdual revenge
/ But if this affair is not 10 be ended by the execu
ton Of Mcleod. neither will his discharge, upon the
principle OF aw contended for relieve the negolldors
4 from the settlement of a remaining serious and per-
/ picking question, which, II presents itself at the
present stage OF the controversy, Is full OF Ecees and
| technicalIes tending 10 the tame dire results For
it must be remembered that Mr.. Webster does not as
he could consistently with the preservation Of the
national honor, avoid the trial of the issue which in
the event OF the discharge of Mcleod must arise out
! of the application Of the laws of neutrality and non
intervention to the particular circumstances attending
/ the destruction of the Caroline" Who, that UNI
derstands the force of language fail to acknow
! ledge how clearly and forcbly, how eloquently and
noby this new issue is spread out by Mr. Webster at
the close Of his etter TO the British Minister, under
date Of the 9Th Of April last After candid and
full recognition of the existence of the rule of nterna
| tional law cuntended for he says: a-'
| i" U nder these circumstances and under those i'm
nedaieIy connected with the transaction itself it will
1 be Tor her Moesty's Government TO show upon what
state OF facts, and what rules of national law, the
destruction of the Caroline is 10 be defended. II
will he for that Government TO show necessity OF
sell deence, instant, overwhelming, leaving no choice
/ OF means, and moment for deliberallon 1t Will
be for it TO show also, that the local authorities OF
/ Canada even supposing the necessity o: the moment
authorized them ente. the territories CT the United
States al ALL did nothing unreasonable or excessive
the act justified by the necessity OF self-deence
must be limited Ivy the necessity, and kept clearly with
in IT, II must be shown that admoniton or remon
STRANGE to the persons on boald the " Caroline was
impractIcablc would have been unaval ng it must
be shown that daylight could not he waited for that
there could be no attempt at discrimination, between
the innocent and the guilty that IT would not have
been enough to seize and detain the vessel hut that
there necessity, present and inevitable, for at
lacking her in the darkness of the night while moored
TO the shore, and while unarmed were asleep on
board, killing some and wounding others, and then
drawing her into the above the cataract setting
her fire, and, careless to know whether there might
not be in her the innocent with the guilty or the living
with the dead committing her to fate which fills the
Imagination with horror. necessity for all this the
Government Of the United States cannot believe to
have existed. /"
Here sir is the true issue made or TO be made,
between the two Governments; issue, the deter
mnation Of which is rrplete with difficulties, So far as
human foresight can array them. On the one hand,
the requirements of Secretary full technical,
and precise The demand of proof that there was
a necessity present and inevitable to Justify the de-
structon of the Caroline and the murder OF her un-
armed crew, is reasonable demand and one when
must be substantially compiled with difficult as com
pance may be. And on the other hand, The replica
ton of Great Britain however satisfactory may seem
TO her, may find no ear with US The allegation that
this boat engaged in transporting munitions OF war
from the American shore TO Navy Island, aiding and
abelting iawless bandl of our citizens in dis
turbing the peace and tranquility of her colonial gov
ernments, that although moorod at own shore,
she at rest only for the night, intending next
hal ,laha
he considered, therefore, in the eye OF just aud
law, t. be in tranSitu at the very moment of her de-
struction-mny not Sufficiently justify to us The entry
OF foreign armed power upon soil, and still less
excuse the exccsscs and cfuecs which belong To The
transaction In word, here is the issue, 10 which, if
mistake not, this negotiation directly leads And
in view of 1t, and Of all the difficulties and
quences attendant upon IT, beseeeh gentlemen to
beware, lest rash and premature legislation not only
hasten, but force It's trial at the cannon mouth Yes,
sir, here is Scylla side and Chary bdis the
other; and it may be said of both Governments in
/ view n the delicate and dangerous points TO which
this negotiation has slowly yet surely shaped itself
" iaeide IN ScDiiam qui ruH riLare Charybdim.'
Sir have said did not rise to defend the Sccre-
taIy Of State, but TO raise my feeble voice against the
impropfietlcs and dangers Of this debate ! cannot,
however, iorbcar dismlssng this branch of the sub
ect TO say that after careful perusal Of this correspon
dence, would as undertake TO establish too much
bodncss and unnecessary requirement on the part Of
the Secretary, too much torhearancc too little
sensitisencss to the honor OF the nation in his man
agcmcnt of this nceot alton. do not consider him
obnoxious to either class of complaint Ii botlness is
not another name for blind and rash mpetuosity-ifa
Jealous sense of national honor may exist without the
spirit Of Hotspur-it patriotism he noble and
dignied virtue, and yupd sentinentaly then
there is fault 10 be found in him Those who
have INDUCED IN much lnvecve against the Secfe
tary, have, fear, either neglected read this cor
rcspondcnce, and to examine the questions involved
IN IT. of have viewed it through the narrow and dis.