The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-03-13
From, the ". Y. Times.
THE CASE OF McLEoD-THE BURNING
OF THE CAROLINE

The CASE Oh MCLEOD-THE BUkNlNO
OF THE CAROLINE,
Mcleod, like any other individual, if he burn a
steamboat and kill Intentionally, within our
territory is guilty of crime and liable to be punished
by our laws in the same manner that of our own
citizens might be punished for the same offence.
If however, the act be perpetrated under the autho-
rity and by command of another government 1t ceases
to be crime in the individual who the instrument
of his government and country must seek redress
from the government under whose sanction the deed
was done.
To apply this principle-our government had a
right to ueat Mcleod criminal The British
government having however, now avowed and sane
toned the act, Mcleod longer bejustly Treated
as a criminal, but should be set at liberty
Vatel says, ''the sovereign who takes arms without
lawful cause, can absolutely have no kind of right
all the hostilities he commits are unjust.
"He is chargeable with all the evils all the horrors
ofthe war; all the illusions Of blood the desolaon OF
families the rapine the violence, the ravdges, the
burnings his works and his crimes. He is guilty
towards the enemy of attacking Expressing and mas
Sdcreing them without cause guilty towards his peo
pie of drawing them into acts of injustice; exposing
their lives without necessity, without reason towards
that part of his subjects whom the ruins who
great sufferers by it, of losing their lives their for
tunes, or their health
Again lone nation ought not only to be far from
usurpng the territory of another they should also
spect it, abstain from every contrary to the rights
Of elgn; for foreign nation can claim no right
to il.
They cannot, then without doing injury to the
State enter sword in hand into his territory ia pursuit
of a criminal and lake him from them This is, al
the time injuing the safety OF the State and OF.
Tending against the rights OF the empire the superior
authority otthe sovereign. This IS phdt is called a
riotatioh If Territory; and among nations there is
nothing generally acknowledged as an injury
that ought to be repealed with vigor by every state
that " oud not suffer itself TO he oppressed"
This violation of Territory Is treated of by Vatel
national act, and the parry who commits the vo-
ation is to be treated enemy waging unjust
war. He u.s." says ValteI, bound 10 repair lle
damage or 70 make Just sali faction, If the evil be
not irreparable. But to the reparation OF
any damage the military generals, officers and
soldiers in conscience Obliged 10 repair the injuries
which they have done, not f,om any ill-w of their
own, but instruments in the hands of their sove-
reIgn2 On all occasions susceptible of doubt the
whole nation the individuals, and especially the mill
tary refer to those who govern, TO the sovereign,
and obliged 10 It by essential principles OF political
society and OF government low would public al
fairs be carried on ii at every step of the sovereign,
the subjects TO weigh his reason Prudence
sometimes does not admit that a sovereign should make
known his 1t is the duty of subjects 70 sup
pose them wise, while full and absolute evidence
does not tell them 10 the contrary. The sovereign
alone is bound to repair the injuries. The subjects,
and particularly the military, are innocent, they nave
acted only from necessary obedience. Government
would be imprac.cabe If every OF Its instruments
were TO weigh its commands and thoroughly canvass
their Justice before they obeyed them. but II, Tor
the wcaIe of the state they to suppose the sove-
regns orders to be just they not TO he
for them" While, therefore, the attack upon the "a
roline was considered the of Mcleod, suPposing
him to have been presently not avowed by his govern
ment il was right that he should be made responsible
individually, for the act and be held liable to punish
ment as violator Of our lawr But when his govern
ment svows and usti6es the act his individual lIa-
by ceases and our claim for redress Tor the viola
ton Of territory, the destruction OF property and
the killing of citizen, is against Great Britain.
In this lightthe matter secms to have been viewed
by Mr. Forsyth He justi6es the proceedings against
Mcleod rpressly the ground that England,
though called on long since 10 ayow or dlsavow the
alleged outrage, had not assumed any responsibility
in relation thereto.
In such state Of the case Mr.. Forsyth says, the
laws of the state of New York must have their course,