Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-25


with hi. law Tor any nc, III winch considers them on a. .e
Instruments, and the nation n tie a;ea'-Ge IL y :. IT,
Mr. r. said he would put one more case, and only
one more in order TO bring more Immediately home
to the Senate the principle we have been discussing
fIe referred 10 the attack upon the irgate Chesa-
peakc. 1t occurred in time of profound peace, on
the bosom of of our great estnaries, and within
the Jurisdiction of his own native Commonwealth
Would gentlemen have held the sailors and Marines
Of the Leopard personally amenable to our laws, and
avenged the national insult upon them | presume
not
mir. Benton, speaking | would have hanged
every one of them.
The Senator from Missouri, all know, said Mr.
r. loves summary mode of proceeding; but would
such act have been recognised by civilized nations
and approved by the general sense OF mankind! For
the sake of rescung the conflicts Of from the cru
elites and bitterness of personal revenge, the principle
Of individual immunity has been established by the
code of nations; and rather think that the Senator
himself upon reflection would have pursued nubler
course lie would have obeyed the suggestions OF
oer chvary, and directed his demands Tor redress to
the offending sovereign and not have wreaked his ven
geance upon an involuntary instrument and an unre
sisting victim.
Mr.. r. said he would now proceed 10 show that the
passage read by the Senator from Pennsylvania from
Valte, and which he so confidently relied TO assa
and overthrow the position assumed By the Admnistra.
tion in relation 10 the principle of public law nvolv'
ed in the Of Mcleod, was in truth, an authority
directly and expressly sustaining that position Lei
us again read the passage which the gentleman c'tea
from the author b. ii, 6, "a and 10 1t consists OF
two sections. The first is in the following words
sBut il raon chief approves and raies the act Of the
to consider Tie nation az III. of injury, Of which
The citizen was, perhaps, only The instrument"
Now, this describes identically the case Of Mcleod
in reference to the burning and destruction of the "a
rolnc The act has been approved and ratified by the
British Government, and, consequently, in the words
OF Vattel, il "hen becomes public question between
nation and nation in which the Government Of the in
II. g., tha md
the honorable Senator passed lightly over this section,
and dwelt with particular emphasis on the 10Th section.
which Immediately follows, and IL in these words
ar the offended her power the individual who has
done the injury she may without scripc bring him Justice
punish him II he has ESCAPED and returned to his own
county, ought apply The Sovereign have justice done
The Senator from Pennsylvania read this section as
applied TO the case supposed in the preceding
section w.t. where the act has been approved and
ratified BY the Sovereign. But it is perfectly evident
from the last Of the section that it does not
for il would be idle and absurd to apply TO Soye-
reign to have justice done upon his subject, when he
had already ratified and approved the act Of that sub
ect This section, therefore, must necessarily
template the case where the of foreign subject
has not been approved and ratified by his Sovereign,
and arms the principle that in such case, the offend
ed State may, by virtue of her jurisdiction all per-
sons within her territory, punish the offending ndivl.
DUAL though foreigner, If she have him in her pow.
err 1t does not contradict, in any degree, the prnc
pie laid down in the preceding section that ,cherc the
act has been opprorcd andrafed by Me Sovereign, he
is responsible for the in Jury, and the individual to
be regarded only as the instrument Ii is universal
rule of ncrpre taton that where there apparent
conflict between parts of the authority law,
such construction shall be made, if possible, Will
give effect 10 both. The obvious explanation given
above Of these sections Of Vate satisfies this rule
rs we'll as the plain import of the text.
/ The Senator from Pennsylvania put which he
SCENE suppose would fairly test the principle of in
ternational law involved in this discussion lie asked
If Col McNab should, under the orders of the Colonial
author ties Of Canada, seize and rob the mail of the
United States, could he set up his orders bar 10 a
prosecution for such offence in the American courts
The case put has not the remoes analogy to the case
j nf Mcleod. Such proceeding would be common
felony incapable Of being sheltered under any plea Of
military obedience. The duty of military can
never Law him under the obligation of becoming high
way 70 her, The capture and destruction Of the Caro-
line on the other hand, however ustabe upon any
sound application of the principles of international
law is shown by all the correspondence and documents
relating to il 10 have been military and naval opera
ton, governed By all the rules and discipline OF MILL
tary service and subordinaon.
! come (said Mr.. r. to notice some OF those
topics Of party discrimination which the honorable Se
nator from Pennsylvania, Notwithstanding his usual
parliamentary courtesy scattered with no stinted hand
in the progress of his observations He told us OF
some mysterious panic which seemed 10 have seized
npon the minds OF men in regard 10 our relations with
England, extending 10 Government and People. The
gentleman seemed to nslnuate that 1t was under tue
influence of this panic that the Attorney General
despatched with fiery speed to Lockport, attended BY
. gallant and distinguished General officer of the army
Major General Scott) TO shield Mcleod from in
pending danger. In order to complete this fancy PIC
ture the honorable Senator for the want of other
teral, brought the preciptae return OF The hled
terranean squadron the effect of this same panic al
Washington. If the public journals have moi grossly
fasfed the facts connected with this affair, the return
of the Mediterranean squadron was owing to commu-
ncaions addressed directly 10 its commander by the
American Minister ut London and If there was any
panic in the case, the gentleman must fix il elsewhere
than at Washington. So far the Government
from being privy TO this movement, that the Brandy
wine, the avant-courer of the returning squadron,
had dropped her anchor within our waters,
than she serny and promptly ordered back TO her
station.
Mr. r. said he did not exactly apprehend for what
purpose the Senator from Pennsylvania had alluded 10
the mission of Major General Scott 10 the frontier,
company with the Attorney General but there seemed
To be intinatlon that II was to protect MCLEOD from
the anticipated violence Of popular excitement
4 Mr. BrcmaSAS promptly dlscaimed AIRY such aliu-
sion
Mr.. RIvrs. am happy 10 lind myself mistaken IN
what supposed 10 have been the meaning of The no.
norabe Senator. II gives me pleasure 10 inform him,
from document now before me, Ia letter OF Governor
Seward 10 the Secretary Of War, dated 18th March
last,) for what purpose this gallant defender OF his
country in and guardian of her honor IN peace
in accordance with his own noble callng-to meet the
possible contingency of invasion of aportion OF our
territory from the adjoining province calling to
which, must be permitted 10 say that distinguished
officer already covered with glory by his deeds IN arms,
had added illustration by his asslduous and sue
cessfn efforts 10 maintain the tranquility OF our from
tier and to preserve from interruption as yet the peace
Of two great and kindred nations.
| beg leave (said Mr.. r. to ask the Senator from
Pennsylvania in what proceedings of the Government
he finds the evidence of unbecomng spirit OF con-
cesson to the demands of the British Governments
\ The British Minister Gin the name of his Govern
ment, formally demanded the Immediate release OF
Alexander Mcleod" Was the demand granted
No, Sir; il was firmly refused, and that refusal veto
rIousy placed on grounds intimately connected with
the sanctity Of American institutions The British
Minister informed the Secretary of State that her
Maiestys Government is 'of opinion that the capture
and destruction Of The Caroline justIfiable EN-
poyment Of force for the purpose Of defending the
British territory from the unprovoked attack oil band
of British rebels and American pirates who, having