The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-29
lcanlin,..a from srsl p.gs.l

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tried before the ordinary tribunals a. for The ''0'0 u
muncipallaw"
Mr.. Forsyth says
If arrested al the this onsnser miyht
t hs hssn brought 10 justice by the judicai suupnues
~ ,hs STATE within whose seknowl lodged territory those
crimes were committed aud their SUBSEQUENT sosunl
entrance within lhat ter'''i' P'@Ss- ~ -
alton"
MIR. Webster says
as concerned in cannot be arrested and sd
before the ordinary tribunals as for the violation oil mum
'cipal law"
Mr.. Forsyth says;
law or indeed Of reason or Justice which enss such of
tenders 10 impuny before the IegalirbunaIs"
Mr.. Webstcr--afler saying "they cannot be ar
rested and tried before the ordinary tribunals
says:
THE law which has been violated Is the law OF nations
and the redress which be sought is the redress author
iEed in such cases by the provisions Of that CODE
Mr.. Forsyth says.
These methods Of redess'hs legal prosecution Of the
offenders the sppAeson their governmen, for salts
factonaTG independent Of sach other AMI may be sepa
Tately and simultaneously pursued
Mr.. Webster says:
1T raises question saiTsiy public and poliucsl-one
cerned be arrested tried before the ordinary
tribunals"
And vet, with both these letters before him
and before the Senate the senator from Massachu-
sets cooly tells us, and asks Us 10 believe that
in the case Of Mcleod, he did not think II
proper to "gainsay the positions taken by Mr.
Forsythw
But, sir the senator, in a vain effort to escape
from this dilemma, pretends to discover that when
Mr.. Forsyth pennedand transmitted his despatch,
he was not aware that the Brush government had
aVowed the act as the act OF the government ana
he cites 20 prove this, the concluding sentence Of
Mr. FORSYTH 3 despatch to Mr. Fox, that "thls fact
(the ayowa) has not been BEFORE communiea-
tedp &c Before vhenl | answer-before that
despatch Of Mr.. Fox, TO which he was then giving
his answer. He did not say as the senator would
make him. that the fact had not been communicated
but he said il had not been before communicated be-
fore the last despatch of Mr. Fox and he very
properly adds after fully showing that Il constitutes
no defence, and that the federal government had
nothing to do with it-that Il belongs TO the court
having cognizance Of the offence to pass upon lts
validity when established before 1t.
The whole questionable circumstances under
which the act was committed, the avowal, and the
demand-was before Mr.. Forsyth when he penned
his despatch, will be by the letter OF Mr. Fox
10 him. which places the demand upon the ground
that that act The public act Of persons OOsying the
constituted authorities Of her .Najestys government
Besides the reply Of Mr.. Forsyth covers the whole
question and denies that the offender can be shield
ed by his government, even though acting by its
Avowed direction and authority, and even though it
and justify the act
w,
the contrast. Mark the proud craftsmanship Of the
one and the cringng servity Of the other; the lof
ty position to which'one elevates us, and the hu-
initiating abyss to which the other degrades us. ]
might well be contented to leave this matter here
without pursuing its sickening details further. The
memory of the lamented Forsyth Is the cherished
property Of the people of this Union, and his name
and his fame his proudest eulogy. He was the
learned lawyer, the able statesman, the eloquent
senator, and the spotess citizen. Well might this
vitality interesting question OF international law be
left TO rest upon the inmutsbe basis where il has
been placed by this great and good man, did | not
fee bound in justice to the reputation of the living
and the memory Of the dead, who have been assail-
ed by the senator from Massachusetts, to pursue it
little further.
This same question, Mr.. President, whether the
murderer of Duree could claim exemption from trial
and punishment by reason of having acted under
the authority of her Britannia majesty's govern
ment was brought before the supreme court Of New
York-the court Of her highest original jurisdiction
in such court that for its high character
is second TO in the Union--was fully and ably
argued. was held under advsement from one tern
until another, and then decided by elaborate ant
learned opinion, that the authority Of her majesty,
government and its avowal Of the act, constituted
no defence whatsoever, and that Mcleod must be
tried upon the merits, like others charged with SIM
liar offences. And this opinion of that high ribu
nal at the time surprised the secretary negotiaor and
now, senator, upon the "peril Of his professional
reputation" he afirms that it is not a respectable
opinion. And what the doctrine that sur.
prises the secretary and the decision that he pro.
nources beneath respectabilityi That British felon
in an American court of justice, had the same, but
no greater, rights than our own citizens. And who,
sir, were the judges who gave this opinion in con-
fct with the foregone conclusions and British SYM
pathies of the secretary, which he pronounces mol
respscobs2 OF the chief justice who then presided
upon that bench--dstingushe by his spotess pu-
rity of character, his amenity Of manners, his de.
votion to the public service, and his high judicial
character-it need only be said, that he was called
from the service Of his own proud State to adorn, by
his learning and integrity, the highest judicial ribu
nal in our land. One of his associates the present
chief justice-distnguished too, for his strong in
tegrity Of purpose, for the compass and vgor Of his
mind for his great good sense and sound judicial ac-
quirements--has endeared himself to the ptopl of
that State by his public service, and has fixed the
impress of his master mind and moral frmness upon
her judicial institutions forever
Would to Heaven, Mr.. President, that that SEN
ator could have satisfied his cravings by assaults
upon the living, and not have extended his hatred to
the memory of the lamented dead. 1t was my good
fortune to know full well the eminent iurst who
pronounced the Mcleod opinion. He had learn
ing which that senator might covet, and virtues
which he might contemplate with advantage He
discharged with fidelity all the relations Of blame
less life, was pure patriot, and an honest man.
and prematurey fell victim to the abors of n
profession which he loved, and station which he
so eminen,ly adorned His memory will be cher.
lshed with reverence when the marble which tells
OF his resting place shall have mingled with its ma
tive dust; and hearts of purity and affection will
cluster around the little spot Of earth which covers
his remains, when many of prouder and mighter
pretensions shall live only in the remembrance of
their vices and the wrongs they have inflicted upon
mankind.
But, sir, while the doctrine held by the supreme
court of New York, as well as by Mr.. Forsyth,
O matt t,lac ,h,
foreign and domestic assassin upon equal ground,
what was that urged and contended for BY Mr.
Secretary Webster, and which he sought by every
faculty OF his mind, to engraft upon the national
code. 1t was that, sir, which places the life of
every American citizer- from the highest to the
lowest, at the mercy of the foreign assassin, with
out law to protect or to punish, where petty Of
fcer of foreign government can be found to direct
or government to "avow," and a villain be
hired to execute. A doctrine which strikes the
heart of the citizen in his slumber, and penetraes
TO the capital of State or nation; and, in "selfde-
fence,n assassinaes the governor i'm his chamber