The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-17
CONGRESSIONAL.
THE CASE OF MCLEOD.
IN SENATE,

/ lHukSDAft june ~, ioti'
Mr.. RIvES once more renewed his notion that so
much OF the Presidents message relates to our TO
rign affairs be referred TO the Committee on Foreign
t Affairs. )
/ Mr.. BUCHANAN thereupon and addressed
he Senate observing that when he had first read the
| correspondence between the British Minister, MI
Fox and the American Secretary of State, he had at
Dice determined to make upon the first nj opportunity
some observations upon that correspondence m the
ace of the Senate and of the country lie regretted
hat in finding fit opportunity, there had contrary
b his own inciinatons been much delay but nav
ng at length found it, he would accomplish his origi-
| mi purpose and would do it with much brevity as
Ipssbe promising, however, that he should not have
thought of such proceeding upon TINS mere lho'ion
OF reference had the example been set and pre-
calent established at the last session of Congress by
The present Secretary of State.
He must be permitted to make one remark by way
of preface and that was, that if he knew himself ne
was not actuated in this matter, by any thng IKE
parry political feeling He trusted his construction o.
portions OF the correspondence question might
prove incorrect for though be acknowledged himself
TO be party man and strongly influenced by parry
feeling, it had been his endcavor never to carry that
Iations (of which he had for many years been mem
Der and he trusted that he had given suhcIent EVIL
dcnce of this by his course on that committee Yet
he firmly convinced that proper regard Tor The
| American character, both at home and abroad, re-
ouired that some commentary should be made these
| papers he had, upon reading thom determined at
| once, that that commentary should be made by hum
without fear but with respectful regard to the feelings
/ of all parties
| He had been asked, what objection could be made
to the letter of the 9th of April last lately published
/ from Mr. Webster, our Secretary OF State, to Mr.
| Foxl There was little, ndccd:--much, very much,
that contained, had his cordial appreciation; but
unfortunately that letter had little nothing to do
with the substance of the matter II did not make its
appearance until nearly six weeks after the important
business between the two Governments had been
transacted Ii was the letter of the British Minister
of the 9th of March, and the instructions of the Sc
creary Of State TO the Attorney General OF the Uni
| ted States of the 18th of the same month, which
contained the true merits of the case was that let
ter of instructions, copy OF which mad doubtless
been communicated TO the British Minister, and had
been openly referred to in the British Parliament II
was these Instructions especially, which lay at the
root of the question On these two papers OF The I'm
and 18th March, public opinion had been formed and
| must be formed as well in England as here; and the
Secretary i last letter which came limplng along SIX
weeks after, however just and however eloquent 1t
miuht be- could exert but little no influence either IN
| Europe or in this country.
Tounderstand the merits OF the case brietrecapitu
lation of facts necessary. rebcllion SAID Mr. D.,
or il you please attempt al revolution, existed IN
| Canada during the course of which the insurgents
took possession of Navy island, in the Niagara rvei
British militia force of two thousand mch was en-
bodied at Chippewa on the Canada side OF the river
The American steamboat Caroline after having car
ried pIoysions to the insurgents on Navy island (for
believe that the fact) together with probably a
single cannon lay at anchor after her trip, fastened to
the wharf at Schlosser, small village VIGOROUSLY
within the jurisdiction of the United States, under
the sacred ngis of protection. And that country
must be recreant to itself and to its citizens, which
would not until the very last, maintain and ,ndIcae
its exclusive sovereignty over its own soil against
all foreign aggression.
There lay this vessel in American waters, under
the guardianship ofour sovereignty and of the Amerl-
can flag but these afforded her protection w hat
happened the night ofthe 29th of December, 1877
Colonel Allan McNab, name famous in story was
in command of the body Of militia at Chippewa. Un-
der his auspices Captain Drew, of the British navy,
who believe has since been pensioncd for his gallant
exploit undertook raise body of volunteers, and
by way OF characerizing the nature of the service
they were to perform declared that he wanted MY or
sixty desperate fellows who would be ready to follow
him TO the devil Under the authority oil this Colonel
McNab, now Sir Allen McNab, (for understand he
has since been knighted by Queen Nictora,) this
body of men, with Captain Drew at their head passed
down the Niagara river at the dead hour OF midngh',
without previous notice, and while the people on
board of the Caroline lay reposing under the to'ec-
ton of American laws, and made an attack on IN
armed men, who were private citizens, not connected
in any way with the resistance to the British authori-
ty, and murdered at least of their number wthln
the American territory. These barbarians, regard
! less oflhe lives of those who may have remained on
board, unmoored the boat, towcd her out into the
middle of the river where swift and Irresistible cur,
rent soon hurried her down the falls Of niagara, ana
TO this hour it is not known how many American
citizens persisted that fatal night This IS nc
fancy picture
Now, to the principle ofthc law Of nations which
applies 10 such case, that pure patriot end eminent
iurist, John Marshall, has expressed u with grca
| force and clearncss. He says that
The jurisdiction of a nation, within its own tern
ritory, is exclusive and absolute. IL is susceptible
no limitation not imposed by itself. Any restriction
deriving validity from external source, would I'm
ply dimnuiion of its sovereignty TO the extent o
that restriction, and investment Of that soyeregnt,
TO the extent in that power which could impos
J such restriction. ~ Cranch, ZIG,