The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1844-02-22
co Nj NJ u MIC AT 10 N s.
For the Voice of Freedom,
PRINCIPLES OF PEACE.--.No 6.


How is the war system opposed to civil
liberty? | answer, first: Because it con-
fronts the supremacy Of Stale Govern
ment, which is the guardian of civil lib
erty. Having shown already, in a pre-
vious number, that such are its laws, |
now proceed to show by fact that such
are its practical operations. will take
an instance of recent occurrence - the
story of Alexander Mcleod. I give it
ia the language of The Hon. Dan'l Web
sler. 1t is this: 1.-The British govern
ment authorized military expedition into
the United States territory 10 destroy a
steamboat alleged to be employed by a
power hostile to Her Majesly's territory
in Canada. The act was avowed by the
British government as public act. AL
exander Mcleod happened to be one of
the agents, who in a military character
performed the act; and coming into the
UEiled States some time after, he was
arrested by the authorities Of the State of
New York on charge of homicide, and
held 10 trial as for private felony.'
This great statesman proceeds to give
his opinion in the case thus, and quote
it not as his merely, but as being the
index of public sentiment "Now, &C
cordpg to my opinion" says he, "a pro.
ceedng of this kind was directly adverse
10 all well settled and received principles
Of public law; and of all others likely to
arouse the indignation, not only of the
government, but also of the people of the
country aggrieved." So it would have
been with US. If citizen Of the United
States, who, under the order of his gov
eminent, and a military man obeying an
order which he must obey or be haoged,
should fad himself in The territory of a
power against which the supposed crime
was committed, and should be seized and
tried as an individual for that crime, there
is not man among US who would not
cry out for redress and vengeance. Every
eIevated government in such a case would
say, am responsible. Such also was
the opinion ultimately Of the British Min
lister, though he differed from Mr.. Web
ster on the subject of order or rule to
arrest said proceedings
On the same case the opinion of the
Supreme Cour; OF the State of N. York
was given by Judge Cowen, thus: &" If
he can show that he was in truth acting
as soldier in time of public war, the
jury will acquit him. The judge will
direct them 10 obey the law of nations,
which is undoubtedly part of the com
mon law"
Here, then, we have the example Of a
military ruffian protected from the law OF
an independent State, by the military or
Ter OF foreign power. And such is the
common effect of military law-such the
PRACTICAL subordination of civil law. And
must we then abandon, and continue to
lisrespect the elementary principles of
government and of liberty inserted and
in our Declaration of indie.
,endence and Constitution of this State?
ncerted indeed, but having their founda-
ion IN the moral and socia! nature of
nan, and inseparate from it as the traces
# the hand that formed him. Must this
axiom, ITO secure the rights of life,
liberty and the pursuit of happiness, gov,
are instituted among men, de-
living their just power from the consent
t the governed" Or this THE mill.
airy shall ever be kept in strict sUbordin-
tion 10, and governed By, the civil power;
emain dead letter in our Statute Book"
Nay, more; remain n dead letter written
n the heart and conscience of every
american citizen? This will not lit can
OF be. 1t violates every true sense of
American liberty, And however much
labored code of international, honor pred.
Gated on usages of past ages may have
such political dogma in the
binds of learned statesmen; in the mind
thim who POUNDS his political creed alone
n sound principles, the plea of a military
rider from foreign power to murder,