Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-22
NATIONAL INTELLIGENCER
TEE CANADIAN COMPLICATION,


administration Of the eztrsdtiou treaty between
the United States aad Cspsds in the case Of inc
Sc. Adams raiders, and to the order OF ueu' III"
in consequence Of Judge CounsoEs deetslon'
The general doctrine Of internatopaI law On thiS
subject undoubtedly establishes the complete inVio-
l,hitv of neutral territory fsom hostile incuTsion
The celebrated Dutch publicist, BynkeFshoek,
makes indeed one exception to this principle de
contends tina: if : begerent should be attacked on
hostile around or on the open sea, and should hee
within the jurisdiction of neutral State the victor
may pursue him dun ferret opus aad seize his prize
within the nsutral State But this opinion, in its
generality, is not supported by the practice of
modern nations, and it is held that when "the
flying enemy has entered the neutral territory he
is placed Immediately under the protection OF the
neutral power, and that there is no exception to
the rule that every voluntary entrance into neutral
territory, with hostile purposes, is absolutely I'M
lawful"
But, while this is the general doctrine OF inter
national Law, tho point raised by the decision OF
Judge Coursol in Canada, and BY the ordar OF
Gen. Dix, directing our commanders on the from.
tier to pursue the invaders Of territory within
the territory of Canada, from which they make
their descent, is somewhat different in its nature
The question here is, whether when the hospitality
of neutral territory has been abused By one pelii
gerent for the purpose of fitting out expeditions
against another, and the authorities of that neutral
territory fail to 7indicste their neutrality, this doc
truo Of nyiolsbility can be pleaded to the deiment
Of the injured party.
1t go hsppens that 10 have in our recent histo
~ case which illustrates the principle in ques-
ton between the United States and Canada case
arising between the two countries when their rcla-
tive conditions were much the same. In the winter
of the year 1888 the steamer Caroline had BEEN en-
ploysd by body of Canadian insurgents in con-
lying passengers and munitions of war from the
frontier Of the State Of New York to the British
ground Of Navy Island, An expedition was sent
by the commander of the royal forces to effect the
capture Of the vessel, expecting to find her within
British territory, but, on comieg round the point
of the island in tho night il was discovered by the
officer in charge Of the expedition that the steamer
was moored on tho American shore. He never.
thelegs proceeded to make the capture and TO de-
stroy the vessel, although she was under the pyo-
lection Of. neutral territory. His conduct was
approved tnd adopted by the British Government.
The Government Of the United States, on the other
hand, demonstrated sgainst it, violation Of our
territorial sovereignty. The subsequent steps in
the controversy are thus recited by Gen. HALLEcK,
in his excellent treatise on International Law
and the Laws Of War"
nv hat
full investigation Of all tie facts, il should appear
that the owner Of the vessel had been governed by
hostile intent, or had made common cause with the
occupspts Of Navy IslGnd the United States would
prosecute no claim TO indemnity for the destruction
Of this boat bot that the l.wiunes or unaWtuness Of
the employment 10 which the Caroline was engaged
however settled in involved the higher CON
alteration Of the violation Of territorial sovereignty and
Jurisdiction. Ia the discussion which followed Mr.. Web
ster while claiming absolute immunity Of neutral territory
Arsnst aggression from either Of the belgerens admitted
that Ii necessity Of stLdetsHcs might justify hostility in
the territory Of neutral Power but that was required
Of the Erelth Government The sCgresor in this case
70 show recsss Of self offence, instant orTDhsning,
sdpng choice # mCaaF and moment for declaration
1t viii be for show also that the local authorities Of
Csusds eve1 tupposnR the necessity Of tho moment
thorEed them enter the territories Of tbs United Ssca
s did nothing unreasonable excessive aimee the act
justified by The sy Of selilieuce must be limited
By that necessity and kePt clearly within it. Lord Asst
burt agreed with Mr. Webster the inviolabilty Of
neutral independent territory, ard on the possible
ception TO which that principle hablethe pecststy
of gel offence the fret law Of our nstutesDd that
the suspension Of that principle must be for the
shortest possible period during the continuance Of sd
NIT ed o7errUpg necessity aud strictly confined within
the Darrovett limits imposed by that necessity. h.
however commended that there that necessity OF sell
defence, instant, overwhelming leaving choice Of
means and 20 moment for deiiberston which preceded
the destruction Of the Csrone while moored to the shore
Of the Uuted sstes that IL mutt be admitted that there
wsI in the hurried execution OF the necessary gegure
Uioagn Of territory and that it TO be regretted
that expsu1ron and poogy for this occurrence was
not msdatey made TO the United States by the British
Government, These Acknowledgements aud sssursucss
we're received satisfactory by the United States and
the subject not further discussed By the two Govern
menta."
We think, on reflection, that the order Of Ger.
Dix will be admitted 10 fall within the scope Of the
exceptions admitted by both Lord Ashburton and
Mr.. Webster to limit the general doctrine Of the
immunity Of neutral territory from the entrance Of
belhgerent for purposes Of ,elfdefcnce. At
the same time we repea. the suggestion made by
US yesterday, when We said that reparaion for the
injury done US by the British authorities in Cana
ds, as tie case noY stands, might be better en-
trusted to our State Department than TO the discre.
tion Of military commanders in future cases. And
We are glad to observe that the feeling ELECTED in
CarEda on the subject is such as becomes dispo-
sition 70 promote good neighborhood We are in.
FORMED py tie te]egrsphie intelligence from Que
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