Political Beacon, Volume 4, Number 38, Lawrenceburg, Dearborn County, 2 July 1841 — Page 1

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s f' 7 4 4 r t CI nnin a it rorn- a r published by .milto.n guegg.

HE

FOIL

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VOMJJ1K IV

TIIR.MS. rolou xr.s in advance or wubin three youths Iut (he romnnMi. rm.MM or lhe venr, or Uo an I I'iht Ci:T!, uitliniMx ci viin, an 1 r.Mi K iKiu. u, t,Pf ibrexpirai...i oftae ycir, will be r.-.piirrd from Cnmm v .i's, Veers, and those who rerrivc their p.ipc's by ini'l. Two Pon.Am An 1'iftv GiNrs in a iv ancr. oruith.n ih roc m nith after s-.ihrribiii-", nnd - - ,pn.iu.it hi nig t voir, vu'l Id exm-ted iro,,, tntv.i ynl'M-tihrr. I N,, s ,,,:,-rt,n..M, i:,kc,,fTlo?Mhan mx ...... i.i...ii. , -r nw . i il HIM II 1 I .1 t HI I I I-I..I . lu-iv rnpa.-i'mriit. AU!eui'i to I'lo IMitor must he post paid. Tfrvs of AtirrKTisiM;. T'i'!v( 1 inr or lcs, I'arce insertion, one thd,ar, nnd twenty-five cents for r;irh additional inn u on. Loader advertisements in the s.aine 1 'o,wr:i(ni. Diinu r, i tsik pkatl:. The Case of JIcI.ccwl. Tnt RsDvY, Ji nk 10, Is 11. Mr. RIYF. once more rene.ved Lis motion that so much of the rre-idetit' mr:icc as relates to our foreign affairs be rtlerreJ to tbe Committee on Foreign Affairs. .Mr. Ill t II AN AN tlirreupoti roe and ad-; , . , -.i.ii dre'ed the Senate, observ:n; that when be L td f.rst read 'he corrcpondi lice between the I'ritUh Minister. Mr. P,,v. :md the in. r-i.-an Secretary of State, be bad at once de- j rimne. 1 to m ike, upon the t'tsl ft orport ul.iti.soine observations upon that correspondence in the faco of the Senate and of tlie country, lie re;ielti-d lhat, in finding a f.t opportunity, there bad, contrary to bis o'. n inclinations, been so much delay; but bivinrat Iiiutlt found it, he would ncrom-' i 'l-'i .i original purpoo, and would do it i!h a n. in h brevity a po-ibte ; preini-in :. bi-veer, tli it be vhoahl not have t'.onl.t el u di a piocec !in-c upon t' i let re iiiotimi if rcfi retice, li'iJ n it the ex -im; .- been --it hiiI r ei d r.t est.ibli!ied a t t he 1 it e--Ion oi I'mi.ii" by the present Sicnt iry of -t.tr. : III- ti.u-l be permitted to r..ake one n niaik j 1 v v. -iv of l relace: and that was 't if Ira : .iii ri .a i..e .,.,. . 1 ki i w huii-i ll, be was not actmti ,1 iu th ''! if e itti r, l.i any thin; bue party p I i !in ;. lie tru-ted hi rotrinirli Di of some i-ni on of the rorrrpon d-nre in ipie-ti m t )i'Hi itici.rrect : f r thou !i be ;-.( -ki,.wli !.- I hi.e't If t I p a partv mill and i, ., .1, ii.uiii nci d by party f.t bp r. it I id ! . n I ,i i nd.-. nor lien r t.i e.irry tint ti cKn, vi-:. in;. i the Ci inmitlce on l' rii;ii i r.i i , (of w l.ioh he b id lor ti. i n v ear I . a a mend er.) an 1 he tru-t- d that be ha 1 k 1 1 'i 'l t! it nn '.v.- c i, i t i 1 1 b ir e ot I'm tiy I is . .-i ; -c niii.;Uc.-. i i U :i he was f, ndy tl.it a pioper r-.-.rl for the an ! i.t.r, l th nt some c 1 o:.n: an I ;ih I ; . riipiin made I It. it oa the ouuii-i.t ir r--, be I. .!, -e p idi'.' t'.i in, ib teriniir d, r.t unci , it ll it .Kam i lit iiv shoi', I be in idebv l.i a wit' i at f. at, h it v.ith ! re- -ec'l-ll V,i 1 t . t1 e f . ::;.. "f all parties. IL- Ll! he a d.i !, w hat o'v Hi. hi i en! 1 Ir null-Ill')!- I. tier if tie 'J Ith of A '-r'l i.t, lit.-lv pn'.'.i-h. (!, frotn Mr. Wtl-t.r. , n . s. t try ol St ie, t Mr. Fox T! - re i P.tth , iii !' 1 loach, wry nun !:, t h it ,t oi t iia I b id his i oi !i il approa-iti-hi; ' t. n: it-mat. Iv. I:, it I. ll r I. i I I n. i In ; t do w ith the viih.t UH e ul the- in Ult d! I n-t in iV.e i-s a. -pc irai;.- u-ild Iv ix w. iks ai'ti r the iaipait u-.t I i;-i-i i. ir i - . '. b-twi ell the t w Gavi runi' -at had lie. 11 t- i'M i. t- !. It .in th- b at- r of Ho- pr;t- , Mini.'..,, of II I -ith of March, an 1 thi nT.r li .as of th.- Set r. t ary ol St it" to the tt ,ra. v n. r al ol th" I'lii'' 1 t it-, t-i" I i" . "ith of the ' line inoiilh, whhh rout ir.i- ! t - tt."r ' .r.t; tru.- ti'5 ef the ca-e. It was that 1 1 j iru- ti a , a :'p "I which ha I .. I i m e oiiinal a-- it- I t the l-rili !i M t. r, n 1 ha ! I -il op. nly r-f-ir ta ii I Pari; Hie ut : U a 111 tn-t r r--.. r..- t of is of the ;i.- h I ! -,',: an 1 . ; i'.Iv, wbi-'.i l-y it ,. ti ill. ' hi tin s- tw a p :. 1 .")-.li M ir ' . n' .i in 1 as wi ll i'i Fit :! i" i i ti, n- I w . : nt it .a,,- bin pin.' a. 'i.'. ix . . i t I m t an ! I, .'' w r i I.. I 1 . , . ,' I . rt I at Ptt I -,. r i a ir.iee or ia tl o un ' r i-i I t'.'t i-;. :" r, , a- '.lal at:"'l "I :.- ..r n oi o i. i ii i iniiih t". ,l l it- of the r I a fit llllli in-' A .b. la -e. - ii 1 Mr. It .or, il V'l an alii in- t at r- vol'i'O'". ' " ' , - the r., f w! r h, the i.euij. ntI ,, k i n of Nui i-1 in !, ia the Ni . r ! ii.. r. lirili-b li ii 'i f-rto of tw. ti.,,,.. ,n I in -ai we. C'ld'o li. d at Cl.i, p. wa, ti.eC.MiidiM le ofl'.e riv.r. The Am-r-,-tn .t-au.'.oat Ciiroliite, aif r baiin: ,rl I pr,,i-i .ni t . the ins,,, ;- nt. o-i Navy .-! ' ft.,r 1 believe that w I- t' e tai t.j to- . . ..'..!,. I , .1 .1 I i -' l,f r ith J r ihahlv a 'in at mi-h'.r. after b r trip, :le .' I l-t intiii'i, l iy ti.d to the v hart at S. hlo. r. a -m ill vill il-p l.t..n...l!v within 1ha juris !!, ti-.n of the ' irtrd .','... on l.r the ' if red J' "r I rle-.-li'.n. An 1 the f 'on. try u.u-t be r' rr .1.. If In it ritir n. Ill W o'l M ll"l , v., til the v. rv last, it, aintain and l indicate oviii f . i-i-ive . nrreimty ou r H own ... . 1 ., . nil fiirf i- n aT-'re--i"ii. TI ,,re lay this vr .1 ill American w aif rs. uud.rthe r.i ardiainhip of "ir s-ver- i.nt un I i f the An.' rican tlaz;hnt t! as a ll-o d. 1 i r ll. I n.'t . tinlt. W bat happen. .1 on the i.i.-ht of the ',".tb vm! r, l-aTT l .n. l Allan Mr.N a n-t o fiktfegJWyc. . . . . ti r tli 11. k i 1 Ol f l rv

,-, : . VaWVr9iL tl.''?! lte of thinjt v;ave ti to rorre-pon-

Liit.di li ny, w i oein nt-iAir pMi)s iii J l .r I t -, r ii" a I id of char irtt ri.'t'.iy wi ro to p i i m t i . t ; '. . ' i il; lit f i cllMtfj! ! ,?;,V tLe nature (T1 rvice r ts ...... , ... i . r ft,i4loa' in -I-' ' ha v .f.t"'l City r T de.peratef.H,' o vi wu! I I m i ad to hf fievil. .. l .i.;.f.,l.1inTfrh.! I'n lcr tlm c.niDia

. Sr Mln Mr.Nb,ifor I understin '. be) mu, would not free Mcl.eod from prosecu-M.iur'lttikni-;M' r.yl'it Vi la0 ; tioa in ths ctiaiuiut courts of the Hate ol

r.

this limly of turn pli'cil down tlir Ni:i;:ir:i rivrr at the dead lu..ir of nddrucht, without previous notice, mid while the people on board of the Caroline lay rcpoMtu under tho protection of Aincriean'law, and made nil attack on unarmed mm ,vh0 were private cition, not connected any way with the r.-oVtanec to lin'tidi authority, and murdered at least one of their loiiiilw-r ,;tliin l!,..

" ! K . iii leriiiorv. I ne-o liar!uriati, rei;ardh fthe Iiv"os of thus,- u ho t:iy Imvc r, mainr.t on board, mmm-ired the boat, tow- .. I I. . . . . . . .... it out into the middle of the ri IT, I ""in.- tm nun irresi-tauic enrrnt soon ; hurried her down the fills of Nia-ara, and J to this hour it i not known bow many Atiicr- ; jean citizens peri-hed in that fatal night, j This is no far.cy picture. 1 ,;-iu in- pnucipieoi the law ol na- ....... nu n applies to such a eae, lhat pure ,; .,,,, em Jiirit, Jolin .Marshall, ; cxprissed it with great iorci; and clearness, . The jurisdiction of a nation, w ithin its wn territory, is exclusive and absolute. It . id inci.niaa.Li ..r .... 1 ;..-.. . i - t 1 in- i,n i n . . ..i.-v piiiiiu ui nil 1 1 1 1 1 1 1 1 1 l 1 1 1 1 1 1101 impo-1 II :

ty itselt. Any restrictions, dcmiti:; validi- been preicnt at the capture ol the vessel, ty from an extirnal sourer, would imidv a ' and, ne:.t, that thi v: pturo had been recos:-Jimin-ition of its sovereignty to the extent ' tn'zcd by the liritish Government as a public of that retrictioti, and an investment of 1 act, done under its ant'aority. If, in this that sovereignty to the same extent in that ; state of thin;:', there bad been a little oru-

power which could impose such reitric- i ,, - , 1 (.ranch, 11(. And acain: '-Kverv n it ion Ins exeln-ivn ."iris.nciton over the waters a.Macent to its s!l,,'',,c' Stance of a cannon shot, or '' "-arue. 1 i.niu. I . I . K., tiV. .ceorilimr to the settled law of nations. if the Caroline had been a vessel of war, on ! the hi h seas, belonina' to the ia-nrcei:!, and alter an iir.'apeineiit with a British vessel had been pursued within a marine league ol the American shore, our national rights, as a neutral Power, would immediately hae row-red ln-r, and a hostile run could not have been fired against her w it bout a ff.i: dir.;; us -rounds f.-r i-i-t complaint. If, for example, the Briti !i and French nations had bei ii nt open war, and a Fnnc'i vr-st-1, in i'ii) bi lore l'ritis!i pe.r-uit, shoul 1 Lavelain dii ell within n inarioo leauue of the American coa-t, all further acts of hostilit towards her mu?t in-tantly cea-c, or the neutral Bower would be woundi d in the l'io-t tl -ilix 0 nt, n linrh , th it ef il ? a verci -nty . 1 I shall net hrre a ritie to prox e that in thi; eas tht re In been a cro-s violation ,,f oar national sow rei.tity, because on th it point no v.nth in in, I inn s ire, i'oi s or can ' il'tirlaiu a doubt. That beiiu' clear, the : Ann rift ii Gown.metit at on-e ii t.ion-tralcd in stran; an 1 f r. ible, and inn i do'pielit I . ...c I I. f. .11 1 t'lii.u.h i nr iiiin.-tri broad. I be . f Mr. StcMiistui, on that ocea'i. n, ii tlrr ul Mr. Stew ii son. on ....... i . . i. ..,.. ndei d. Pi-peati d I induce tins lh iti-!i' '. attempts M ere la ide to I iow l ii.iii nt to answer this rcmon-lrance, I ut :-.ll in vain. It is true that it lias been . state ! in the Briti-h Mouse of Common-, by one of the Briti-h M iui-ders, that t he Ameriran Government ha ,11 1 ly 1. 1 v n up t hilt) i-i-i -t npon -ii -tioe, :.:!! 'i ! a n atis-.i er. '1! e lo t into: j-rett-nee for inakiii; thi st itcaint l.a iiii-st priiii.ihlv an-, n tnou a tut mi too ri.miu.in atiioui us of pu'.iH-l.in 1 1 I ll I -b tie cot ai s; nudt -m-r, w bi!-t the In : lialiiii (owl. ich itnltti i.i -t iii pi ndia-. Mr. Sl un nu. in I is h It. r t a Mr. l'or-j la if t e I .' ii I v . 1 """'.', i-m l do i s thi- 1 uuu i ue : 'I i'.:-.t l siv t.i. t u aas v. r h is a t I .-e n c;i t i i ll i.f. 10 I a." j : i -. e n t .h-i i.n 1 it pi si l.i- . I pi 's- laa a' Ml. i :; i l. I: ).n ',. r l v. i-a id I i a ti i.cia.-i -nt c-i-j oi laa 1 1 1 1 .i . .' i.-v, na I. I i'i.- citciiMi--. I wiiiio it I i ri in- r in- ,. ll'IIIK-llt. If it is the laat I shoal I ,1 i f , 1 I'.l "IV 1 I'i' III. I it it, and the th Lice ef m- .; n y I1; U I a n t a hi;,l.' T. which Mr. l'orst!i replies under dat Septi lulu r 11, IS as lullows : -With r.-fi ir c iioat iii e t ) the i I isini par.mraph nt na 1 1 la-; I'.-p oa m ut ilttcd '.' I ii roper to in! ir in ynu laat no lit pic-, 'lit repaired for lUlill l!:- ipic-tioii ot the S 'a i ll ' .' i ' I . f July in-Ull '!' I ! iiimi 1 i-i, it I. -.s ai...n .11.1 I,, i ! i ..-.;, . 's.t'e.-u i' i' U , 'lr. 1 .' V n , , .-, ,' t.i .- i,' '. ", "(' ;"'' . rn-lilt it at' ; ...,! t.'t t :". !'' I'n ifi. f r;i'. I I'n anVi I ! ii i ri.i tn t in ':' r u in r j -'i'i' ni'i'wa'i n it'i tut i lit ' l-i:t'r r ir .' t ." 'I I Sen it'" w ill thu- perceive that there n in 1 it!-ti in t:m ram- poua. 'a e on Ih ". t fait llie Aiir-ii.-tn Civerniii c: 1 oie 1 the i: r-:i it of this .pi" -t i nl in, I n-ih s. it iii iv b." I i iriil iin; ti e note i.f Mr. l'orsv t!i and mpprr.-MllJ the telil' iice w i.ich I hi, c ju t rt -ad . W b'-lhi r the Adn-ini-tr ition of Pre-i dent Van 1'iirtn nr ned ils i c iiion s t r a u e o with . ,t i -i r.-y is mat for int; to ay, a!th.i'ib I hi lieve tiny did, but lhat forms no put of the one lion now before the Sen..1, It t ... ...2 tl.'lt ll-ll.tk tl,.. itiv..'c.lii.ii .' ' ' ' ol Mr I'.iv. Mr. l'or-v th was induced to belime tti.it a speed v answer would be p,ivcn On the i f Novemht r, l-lt tl i- tllif irtunite in in, Ah xati b r Mcl.etid, rane volontaril within li e jnii-diction of the Cnit. d St ttes. I am induot d to believe that the vain heaMin r of 1 1 s mall, a to bi prri nee and p.ntit ipati-m in the attack on tin" C ar-diae, i..i oc i'h ' .tnd all the di. 'acuity which now eist. 1 da lint think lie was pre-i id nt t! ; capture of th.at e-el, and 1 1, i - f n t, if it had hot n w isely used, would have air.rded the in'-ain ol adju'tili the ,!i hcu't) to the satisfaction of both parlies. P it he f i no! u pon the American soil, and, in the ri.inpanv oi A meriea n citizen? t-penly boasted that In' had. beloiij;ed to Drew's ri tilling s piadion. In eolise'pience of lin -e ,is-eitiou, lie iva nrrestetl by lhi lonee r.el"ven air. l an hum air, rorsjiu, . i . . i , t i. I'ri iu which I intern! to read a brief extract. Tbo one-t'onib nco resulted in thUithat Mr rii tli xpreeil it hi hi opinion, and that of the Prt-ident of the Fliited States, that under the law of n attain the nvowal by the l!iiti:h Govi-rniaent of th capture ol the Caroline, houhl tirh an avowal be

LAWREXCEBUIiCIf, (IA.)

New York. Its riled was merely cumulative. It did not take away the offence of McLeod, but added thereto, and made it a national as. will ai an individual offence. j The loyal prosecution of McLeod, an-.: the application to the JiritMi G'overninei't for I satisfaction, vv i re independent of each othi or, and might he ?epai ately and simultatip- : ously pursued. Hut w hellirr this were the . tine prii'.i'iplo of national la-.v or not, Mr. : l'or-t!i vn-y properly said that the que-lion 1 inu-t bo d.-cldcd by the judiciary 01' ev York, and thai, if the poi-iiiou of .Mr. 1'ok j were well founded, McLend would have the ; full protection of that doctrine before he ! court, lie could plnail that bis act bad ' been rcnvriiiscd (13- the l'rili-h o ertiiueiit, ' and if the pica were allow, d, he would be Uet at liberty. That was the position of the business at the clou- of Mr. an Iluren's ad-! miirslration ; and a happier, safer, d more secure position of the tpiestion for A merican . 1 1 f . j 1 1 .... . tiirrus :mi vcn mr me nonor 01 i-.d.mmiuI, also, eoul.t not have been desired. When j the trial came on, ?.!cI.eo I would have two 1.. .t,.r.,i.. i.rt i... 1... 1... 1 L II' I II" 1 v.nn.i. "in, I II I l 1 ll- II ;m 1 1 II I , dent di la v, the qne.t ion would soon have settled ilsell to the satisfaction of both parUt'9- ,ilU 'M""'"'' l.:i;t lieen addressed, in Parliament, to 'he Briti-h mim ters on this . . subject, and a Inli cM-iteint-nt had been pro duced throuuhoul the Briti-h nation. This can always lie done in that country on every controversy with America, because our side of the quection never appears in their public journals. I have been for years in the habit of reading some of the Fnulish iournats, an !, so fir as I have observed, our side of the etie-lion. even in relation to the j iiorthea t boundary, bad iK-vcr totliisJav been presented to the Bi ill h public. I No Fiu'ishiuan can obtain from any of these Journals which 1 have seen, ativ di'stinct idea w hatcver as to th j ground iu-i-ti d I upon by l;? ; t hat coi.t rover; v. Antxeit,;-: inelit had been rai-i-d on the Mel. cod one---1 ti-.iii, an 1 load dcii in -es had boon uttered ! on the itoor of the House i f Coaiinnns. ! Threats bad been made, in ease the Ameri-' ran Government shoal 1 d ire to retain Mc- ! I.eod ia custody. An attempt had hem! made on both ides of the water, to produce j the belief that war was inipendiii:-: and so far v, ila nii-!, that the Aun rioaii lh-et in t!ie Mediterranean, er at least a portion of it, bad acta illy rituii-.ed boine. while all our ess-. Is in that s.-a had pas'd the straits and gone into the Atlantic. Some people In re t vi -a, otln r t.,au ihe lanies, lieeame afraid that the l!riti-h di ets would be upon our roast and lay our cities m ihes. A marvelloa' panic prii ailed f ir a time union:: those who bad weak nerves, an t tl , to crown all. came the b ttrr of Mr. ln In

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Mr. V.'rb-ter. The P.rlti-h nation ba-. 1 freely admit, iiiaeh to recommend It, but we ail know that their diplomatic policy, un- j '.ike that of other liuropeau nations, has I been of a character bold, am. -rant, and over beaii!!.'. John thill has ever preferred to act-oaipii-h that by main faco which other nitions wiiul ! hae a t tern jiled by diplum ic. 1 coaie now to the b Iter of .Mr. l'ox, atid s-n h a letter! 'Mil- let ter i the more inmi.-In fiv.ni the fact that it tvas lint Mr. l'o'sovn eompo-iliaii, but is an oiVu-ial ci niniunicition trom the P.iiti-li .'niei.nieiit This fart appears from its lir-t sentence, whitli is as !oil,iws : ' I'h,' un h-i-i:',nrd, h.-r l!ri! taic M i j . .; v" I',,. toy liMr.iordiii.il y u I aian-ici Piciiipoti'mi.. v , i-I iistrc en d I y his ( -o . c: niie iii ta laaln- Ihe iollort ii'A oi'i' ial c.iiiiiaaai. atiaa ta th-3 Gmi'lnincn! of the I'll it el States ."' It is then an oiacal comiuanicatioli from the liritish G o v r rumen t t heiuselv es. It inot my desire on lUU ortveioii to ecice either lit re or i Nowhere any feelings which should not be e-:ilc I. 1 men Iv state facts. To what is this letter an ans.ver? If lo anv thin:, it i- lo the letter of M, l'or-yth addie ed to Mr. l'o on the ')ih Decein-1-er, I-l(. I will liol trouble the Senate lo read tint pa pi r. Ho y m iy tin ! it in docn-lai-nt i"', pave 1- And what ii the eharact, r of the It ttv r of Mr. Fox? It eou.aienci s uilh a 1'cremptory and roncbi-ivo sett!i:no nl of the whole matter so far as the Piiti-li Govtiiiiiieut i-i i t. n. -erm !. It i; not , suiheictit f..r that t -ova rnnieiit to say that i they take the It i pou-Ibility of tlm act of Mrla-o! upon tbeiu-rlvr-, but they even jit'tify in the 'Innrji-t terms the c-iptnreof ; the Caroline ?t If. Vt I hcie is Mr. Wi btir, on the 'Jlth of April, nrjninjr a ipiesi lion which the P:iti-b mini-try bad settled !ms week I if .re. 1 bey do not nly enrrcnI ,1 ' ' r Mclit o.l and tlie liuestion of the Caro1 line shall be left open. Tbat would not be nccoidin to the manner of John Hull wlien In- put i himself fai.ly in motion. lie does not stop lo ar,'iie, but at onre ruts the knot without the trouble of piviti j; any reason. Mr. Stevenson bad remonstrated in the most urgent manner, and bad nubmitted to the Ihitidi Govi rnnieiit at London a mas of testimony, but no notice whatever w as taken of his eommnuiealion, and no reasons given for their determination. Mr. Fox, or rather that Government, in half a sentence settles the tpiestion. "The trail' trliou in rpirstirm, (sajs the let-t-r.) may have hei a, as her Majesty's Govern, nit-lit ale ol opinion that it a, a jusliliahle em-phnini-ntof force br thn purposa of ilefeudin the lfrilisli teituory," i:e. Our remon'-tranre, ivlien this hanehty reply wm written, had been pending for three years. Mr. Foryth, in bis letter of 2ft!i December, l""!", bad arfiimpiitatively stated the whole case, sfttinj forth that the avowal of McLc-otP act, should it be acsaimed by the iv :.;,i, r!. ... ... r.-t j Lritish Government, so far from doing away with our cronnd of complaint, went only to increase it. It wh cumulative, imt exculpatory. W'l.iNt it would not reliive MsI.eod from personal le.-poniibilily, it would

FRIDAY, JULY 2, 1811.

seriously implicate the IJritish Government in his guilt. And how is that argument answered? In tliis haughty imperious sentence : "ITpr Mnjrm-'s Govcmmenl cannot believe that the tiovcrnaient of the Uni te j States raa really intend to sr-t an example, so fraught with evil to the couininniry of natiutj-, and thp direct tendency of which ti 11st be to biinj int 1 the practice of modem ivar atrocities which civdizruiou and Chiisiianitv have !;mi ince banished." Here h no nrrumeut attempted, no au thority cited, but a simple declaration put fortli in the str.i'i-cst terms as to the "atro city" of the principle for which the American Government liad been seriously contendin?. Hut the crowniie- point of this insultins; l.-lter i- yet to come; and I undertake to s ay that it contains a direct threat from the lJiitish Government. I am not extensively i iiiien huh me laneunre oi oipiomacy, but I eei-lainlv have not seen any thiuir like

... ....

tins threat in any olhrial communication betwcvti civilized and frientlly nations for the last fifty years. 1 hope I may be mistaken . .'.. v.i , .i ... 1 u in y V 0 W O I t !i O I a H a CP, I ) U t II CTR 1 1 15 14Iat be that as it may, l;cr Majesty's Gov-eriiiiiei-t foriuaih- liennnd, upon tht- proniids nlrea.'y stated, ih immediate release of Mr. McI.ro I : and her Majesty's Government entreat the Pri-si.ient of the I'liited States to take into his mast deliberate cnu-idcration the serious naiure ot the consequences which must cutuo fiom a rejection ef this ik-manu." What consequences? ff'hat conseipietices ? After the denunciations we had heard in the British Parliament, and all that bad occurred in the cour-e of the previous correspondence, could any tiling have been intended but ''the serious nature of the consequences which must vnmc'rom tritr v:ith Lxulaxb? And b.ere let me put a case. I am so unfortunate as to have a difference with ft friend mine I w ill suppose it to be mv friend fr uni South Carolina, Mr. Preston. I know, if you please, even that I am in the wrotn:. My friend comes to me and demands an explanation, adding, at the same time, these words: If yon do not tiranttbe reparation demanded, I entreat jou to c.onbi.lt r tin- serious consequences which must eii-ue from jour refusal. Certain I sun t here js not a s!n;!e member of this Senate. 1 miht say not an intelligent man in the civilized world, who would not consider such 1 an.'u r'e as a men ice, which lutut be withdrawn er expl lined before any reparation cnui. 1 be inadt!. It was the moment after 1 id thi-s sentence th t I determined to brine tin: subject before the Senate. A thotL'ht then struck me which perhaps 1 should do belter now to represj , but it w as this. 1 iimai-itied I taw that man whom Mr. Jefferson truly denominated the old Uoman, a President, sitting in his apartment and reading ibis letter for the lifst time. When he came to this sentence, what would ' ' - i"m,'"ani emotions "'"nu 11 arouse, in in- mease ui mm it may justly sai l ; "A kind, Hue heart; a spirit hih, That coul. I not fear, and would not bow, Is wtaitiai ia his manly eye, Ami on his manly brow."' W ould be not have resolved never to make any explanation under such a threat! Would he not have required it to be withdrawn or explained liefore any answer whatever to Mr. Fox's demand! In this possibly he milit have p;onc too far. Cur Secretary, however, lias passed over this threat without adverting to it in any manner whatever. And now no come to the case immediately before the Senate. Althoti-h 1 think the S,'..t..i v oi .'-wa- ncciiledly 'wrong in his view of the law of nation-, that tome is comparatively a very small matter. I have not, in this thin--;, any personal or private feeling to era lily. Towards the Secretary of Stute I e.hei ish no unkindly feelings, and 1 sincerely hope that ho may discharge the duties of his high and responsible station in such a manner as to redound more and more to his own honor. What I complain of is I this omission, and an omission, I consider, ol great conseipicnce. Hi" lias not, in his reply, noticed lhat threat at all, aUhou;ti it was conveyed in such terms a - would have entirely instilled hiai in saving "the Ameri can ( Jiiverniiieut has no answer lo uive until this laiiiiia-'i' has been i vplaincd." lieshould at least have said, "this is a menace, such as it is not usual in (lie diplomatic correspondence between civilized and independent natious, and I shall be glad if you will explain or reconsider the lan;;ua;;e employed.'' For in self, said Mr. H.I liave notksire for war nith Fir,land: so far am I from ilesi'iiiii; it, tbat I would consent to sacrifice all but our honor in order to avoid it. Put I think Mr. Webster to blame in not untiring lanuace which I consider as contaiuiin; a very distinct tind intelligible threat. Put let that pats. Even if the Secretary were right in the view be takes of the law of nations, still I think that common prudence would have dieated to bin; nut to express his opinion fo strongly. It was then a judicial question petition.-, and eventually to bo decided, by the hit-best court in the Stale of New York; a tribunal which, on all hands, and by Mr. Wchbter himself, is admitted to be eminent- ! entitled to confidence. Suppose it should happen (as it will happen, if my humble judgment of the law should prove correct) that the Supreme Court of the State ol'New York and tlia Secretary of State of the I'trted States pliouhl diner in opinion as to the le-nl question. Suppose nil appeal should then be taken (if mich an appeal may he taken, to the Supremo Court of the I nited States, and it should there lie decid ed, as I feel iri-eat conlideiioe that It snoui.i be, aj;aiiit tho opinion of the Secretary of State, what would be th-j condition oi uus Government? The judicial authority will be on one side of tho question, anil the l.xecimve i.o vernuient on the other. Whilst the Judi riary decide that M I.eod ii responsible in the criminal coerts of New York, ttie Secre Urv decides that he U not. Ut prejudinfc

tbis pending iudici.il qijcslion, the Secretary lias placed himself in an 'awkward dilemma, should the Supreme Court of New York determine tbat the recognition Btul justification by the British Government of tho capture of the Caroline doc not release McI.eod fiom personal responsibility. In common prudence, therefore, Mr. Webster ought to have expressed no decided opinion on this delicate question, but left it to the Judiciary, as Mr. Yuu Buretrs administration bad done. But the Secre tary of State thought otherwise. The imperious tune of Mr. I'ox's letter does nut seem to have produced any effect on his mind. Three short days after its date, on the loth March, 1C4I, he issues his instructions to the Attorney General. These instructions are the real, substantial

answer to Mr. Fox's letter, and have proved on,;,.,.iv nf ;sf.lrf .,.. ia ,u r.rUUh r.,.,n,n. rv,., '..i, ia i r..:i.i j The letter written by !Ir. Webster, on the 24th of the succeeding April, w ill never disturb that Government, lions; before it was written, the Secretary had granted them every thins which they could have desired. He at once, by thee instructions, abandoned the position so ably maintained by Mr. Yan Buren's administration, that Mo I.eod would still be responsible, individual-! ly, notwithstand.ini- the Critish Government niiiht recognise the destruction of the Caroline. In condemning this position, he uses terms almost as strong as ?dr. Fox lint! done in denouncing; it. He says "that an individual foraiin? paitof a public force, and act-in"-under the authority of his Government.

is not to bo held answerable as a private'111 Bnreu was perfect I V

trespasser or malefactor, is a prir ciple of public law sanctioned by the usages of ul! civilized nation", and winch the Government of the United States has no inclination to dispute." As actions! speak louder than words, what did Mr. Webster do w ith this threat-i rnlnc liilor ifiiviii-r 1 . T 1 1 in lie f t r r 1 Itii I

fiervVxpedition lie has Ids Attorney General ii,!,'it 'l'.V .!.. no! make the proper dison the way to Lo.kport; and I cannot but tiiif.tio! Letueen a state of national war think, from my personal knowledge of lhat ! and ll itiolial piv.ee. If a nation be at war, officer, that the miVion on w hich he w as em- j the command ol the sovereign power lo inploycd could r.ot have been very agreeable j vide t.he teniloiy of its enemy, and do balto him. He informs the British Government j ,i0 ,;i0e agitiusl any hostile force, alwavs at once, f..r we ou jl.t never lo Corset that the j jUs! ifh.-s the troops Ihu engaged. Mter to Mr. (n.leuden is in substance t!ie J Whcn a f U,e invader: are seized. Secretary's- atiswerto idr. 1 ox', that it it . -it ? . i they are considered as prisoners ol war, were in the Presidents power to enter a nol- J '

h prosequi au-ainst otcl.eod, it thoubl be j prosequi 112 done without a moment's ,ii,v n-if tb s i indictment," says lie, "were peni'.in; in one of the Courts of the 1 'nited State-', I am directed to say that the President, upon the receipt of Mr. Fox's last communication, would have immediately directed a unite prosequi to lie entered." Put as this was not in air. Webster's p.ower, the Governor of New York was in the next place to be assailed, in order to accomplish the same purpose. Mr. Crittenden was informed that he would "be furnidicd with a copy of this instruction, for the use of tho Executive of NewYork and the Attorney General of that State."' "Whether," says the Secretary, in ll.i.-: case, "(ho Governor of New York have that power, or, if he have, whether ho would feel it his duty to exercise it, are points upon which we are not informed." But the Governor of New York proved to beu very rei-tive subject. He felt no inclination whatever to enter a ioe prosequi against McTnod. I have seen, somewhere, a correspondence between that officer and the President, but I cannot now find it. The tone of this correspondence on the part .,r nit. oow-riior evoicen ii sptdt of determined resistance to the snirijestion ot me Secretary. The Governor complained that the District Attorney of the United States was acting as the counsel of Mcl.eod. This, however, according to the explanation of the President, happened by mere accident; the Attorney bavins: been retained as counsel some time before his appointment. The correspondence, at all events, is sufficient to show lhat Governor Sjvvard did not participate mi the viewj and feelings of the Secretary of State towards McLeod, and we know that lie dh4 not approve of entering a nol!c prosnnii in his case. JJut tho Attorney (Jeneral of the United Statis was armed with instructions from the Secretary of State, to meet every conlinoeticy. lfiVrLeod could not bo ihdcharged by a nolle jiroxr qui; if ho must bo hied, then Mr. Crittenden was to consult with M'Leod's counsel and furnish them the evidence material lo his defence, and he was even "lo see that we have skil ful and eminent counsel, if such be nut alreadv relained." It ia no wonder that il appeared very strange lo ( Jove r nor So'vard to find the authorities of the United Slates thus actively and ardently engaged in de fending INTLcod, whilst the aulliormes oi New Yoik were enlisted with equal vigor in his prosecution. Tho defence ol this man, who had no claim to peculiar favor, except what arose from an earnest desire lo please and satisfy the British Government, became the object of the Secretary's pect liar solicitude, and Ibis, too, in the face of a plain, palnable menace fiom the (lovetnmeiit. Thn next thin.'? we mi'dit hear would be a bill of cost and counsel fees against this Government for the defence of McLeod; it haiiui? been impos-cd a a duty on our Attorney General to see that "he hud skil ful and eminent counsel." Now, thero are features in ibis transaction any thing but creditable to our national character. I think that sufficient decision and firmness have not been d splayed by the American Secretary of State. It will ever prove a miserable policy to attempt to conciliate the British Government by concession. It was tho maxim of Gen. Jackson lhat in our foreign relations wi should ask only what was right, aud suh

NUMBER 38.

mil to nothing I hat was wrong; and, in my judgment, the observance of that maxim is the very best mtuie of )icscrvii)o peace. When ?i tiaBon submits to one aggression, another will soon follow. It i.s with nations r.s it is wiih individuals. Manly and prompt resistance will secure you from a repetition ol" insult. If you yield once, yon will be expected to ield again, ami then again, till at length there is no end to subm'sion. 1 do not protend that Mr. We lister Iris done wrong intentionally; all I mean to say ?, thai, in my judgment, he has not in this instance, displayed a proper and becoming American spirit. If ho had waited a l.lllo longer before lie prepnod his instructions to the Atlorncy General; if ho had taken lime for reflection before he despatched that officer crusading to New York, his conduct would piobably have been different. According to the ptactice of diplomacy, u copy of these insnuetions was doubtless a; once sent to Mr. Fox. It is certain thai they were known to the Ciitis'i overnmeM beforo the Gth of .May, because on that day they were referred to bv Lord John Russell on tl;0 floor of the IoUS'J of Commons fiS doi iirncut Cabinet. posiessiim of the Biiti-di 1 sh ill now offer a few rcmntks on the quesfon of public law involved in this case, and then close what I have to say. I sincerely believe the Administration of Mr. correct on this iloeli.ne, as hud down by Mr. I otsyth. If 1 had found any aulhoiiy to induce me lo eiitevtain a doubt on that point, 1 would refer to it mo-i freely. 1 now ur.dcrtako to say that the only ciieinnstance which lias pioduei d confusion and doubt in the minua of well informed men on this subject ' -5 'iiu- uoiu; nen.i.ug uuiwnai ua: taws oi war lusmieu Uicm in iioino. in such a case lliey can never he held to answer, erim'nally, in the courts of the invaded country. That is clear. The invasion of an enemy's territory is one of tho rights of war, and, in all its necessary consequences, is justified by the laws of war. Hut theic arc olL-nccs, committed even in open war, which the express command of the offender' sovereign will not shield fiom exemplary punishment. I vviii give gentlemen aa example. A spy will be hung, if ccught, even though ho acted under tho express command of his sovereign. We might cite the case of the imforlunaitf major Andre. lie wa arrested on his return from an interview with Arnold, and, his life being in danger, the liritish commander (Sir Henry Ciintion, I believe) mado an effort to save him, by taking upon himself the responsibility of his act. lut although he had crossed our lines, whilst the two nations were in a state of open and flagrant war, in obedience lo mstruc-t-niK from I ...- i.inuiuiiiic i-iii-ctuer, yet Washington, notwithstanding, i iijlilfully hung him as a spy. Now, let mc tell whoever shall aaswer me, (if, indeed, any gentleman will condescend to notice what I have said for it seems we on this side of the House are to do ail ihe speaking, and they all the voting,) that whilst all the modern authorities concur in declaring that the law of nations protects indiv iduals when obeying the orders of their sovereign, during a state of open and flagrant war, whether it has been solemnly declared or not, and whether it be general or partial, yet these authoiities proceed no further. But, to decide correctly on the application of this principle in the case before us, we must recollect that the two belligcrants here were Ihiglaud on the one hand and her insurgent subjects on the other, and that the United Stales wen; a neutral power, in perfect peace with England. But what is tho rule in regard to nation..! at peace with eacti oilier: i ins is tho question. As between suth nations, doca the command of an inferior officer of the one, to individuals, lo violate tho sovereignty of the other, and commit murder aud arson, if afterwards leeognized by the supreme authority, prevent tho nation whose laws have been outraged fiom punishing the offenders? Under such circumstance;?, what is tho law of nations? Tho doctrino is laid down in Valtel, an author admitted to be of the highest nuthoiity on questions of intei national law; and tho very question, lotiJon verbis, which aiises in this case is in his book stated and decided, lie admits that the lawful commands of a legitimate Government, whether to its troops or other cUiz"ns, protects them from individual responsibility for hostile. acts done in obedience to such commands, whilst in n stato of open war. In such a case, a prisoner of war is never to bo subjected to the criminal jurisdiction of the countiy within which lie lias been arrested. But what is the law of nations in regard to criminal offences committed by Tho rilizens or subjects of one powei, within the sovereignly and jurisdiction of another, they being at peace with each other, even if these criminal acta ehould

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