The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24
THE MCLEOD CASE.


The correspondence between the Secretary
of State and Mr. Fox, and the recent debates
in The Senate upon this subject, parts OF which
have appeared in our columns, have, we thnk'
nlaced this "yexed question" In clear light
The speech of Mr.. HUNTINGTON, OF Connecticut
which will be found in another part OF this pas
ner is an able and satisfactory argument, meet
ing nearly every point of objection presented by
the ingenious Senator from Pennsylvania, Mr..
Buchanan, and explaining and indicating the
views and conduct Of the administration. What
differences may we draw from what has thus
far been said and written on this subject?
First, it appears, both by American and Eng
lish law, and from the nature Of law in the
hands Of municipal authorities, that Mcleod
being once in Court, cannot get out except
by habeas corpus, or by the regular action and
course of law as administered by the Judicial
forms. The Secretary Of State has brought
this point home TO the British Government, in
his letter to MIR. Fox and they will see the I'M
reasonabeness and futility of their Demand
They have the lesson AT home, in the action Of
their own courts.
Next, the law of nations is competent to as
sert its Jurisdiction over municipal courts in
such a case, and may come in with the power
Of habeas corpus to the rescue of prisoner.
The law Of nations is above municipal law, and
may suspend its action, or effect. In other
words, municipal courts may consider, and are
bound TO consider, not only whether prisoner
Ia ty thair buf
whether he, being a foreigner, may plead in
bar Of judgment, the law of nations. Munich
pal courts cannot set aside the claims of this
latter code, except at the hazard of war;
1t seems TO have been made clear in the de-
bates of the Senate, first, that the attack upon
and the destruction of the Caroline, was an act
Of war, since the British Government acknow-
lodged it as their own act. And next, that in
dividual responsibility in acts of war is merged
in that Of the great public parties. This prn-
ciple brings the case of Mcleod under the law
of nations. Nevertheless, he cannot be released,
till the case be heard and decided upon in court
by this rule.
Messrs. Buchanan, Benton, and other Sena-
tors are clearly at fault in this argument. They
are involved in the gross paradox or absurdty,
that an aggreved party may bring two parties
into court for the same offence, aud hang the
one, and shoot the other, the first as a passive
agent, having no power TO authorize, without
being hung or shot, because he was acting un-
der foreign and independent jurisdiction, and
the second, because being an independent and
- Oh
No doubt the latter is amenable to the law Of
nations, or TO the laws of war but the former
could not, with proprety, be hung for doing that
which he would have been shot for not doing.
The peculiar and persuasive eloquence of the
Secretary of State has brought every American
feeling up to the mark, and we do not believe
there is one citizen of this republic, who would
not look upon Mcleod with as much pity as
contempt for his silly boasting, bid him go and
hang himself, and turn with lofty pride to hold
to account an equal and sovereign power that
has violated our soil, shed the blood of our cit-
zens, laid waste our property by fire, and out
ragged the feelings Of humanity by drawing the
living with the dead of the Inflated Caroline,
while the vessel was in flames by the incendia-
ry's hand, into that torrent which bears its bur-
den to swift and horrible destruction Since
the deed is avowed as national act, every man
sees, that national redress alone can be demand
ed. When the British Government says to our
Government, We did it," are we to persist in
saying to Alexander Mcleod, "You did it,
sir" and then hang him for it? The sugges-
- a. Il Il = 4
scorn Of every American heart The argu-
ment of Messrs. Buchanan, Benton, & Co.,
would quench the civilization of three thousand
years in the fire Of their hot words, and revive
the usages Of the most barbarous nations and
ages