JOSEPH W. HAMPTON,
.“Tho powers granted under the Constitution, be:ng derived from the People of the United StatL.-, may be resumed by thorn, whenever perverted to their injury or oppression.”—
:L:ilitor and Piiblislier.
VOLUME I,
CHARLOTTE, N. C., JULY 13, 1841.
19.
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Weekly Alnuniac ibr July. 18U.
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TllK 3i‘LE01> CASE.
SPEECH OF
3Ir. Benton, of 3Iissonri,
In til T'nited States S. n:ite, Ju!)#’ 14, 1P}1—On :h - motion of
.■\]r. Ixivis to reft r so much oi tin; i’r. ?idtnt‘s 3Ie.^s:».v as
r> ht s tj our foreign atlairs to thv Connuiltee on I’orcign
AliUirs.
^[I•. Dkntox bill vel that tlic ^outlonvm wliose
c nv>porii'uC'! was tho of dLscu^ioion, aiiJ
Vvhj uii:rht bo coii-ii.lercd chiefly inturc^ted la it,
{th- S •crctaiy ol' wonli have no ol jection to
’lii.s ■.iiscii5sio!i; ii ithcr to its chararter, nor the
fi.i.c i’ woul! coi.sun'o, Th i* iro!.‘lem.in liad done.
•i» u CMtr;. s Si iiiM'tiit 1/ nor-* than it
n ?.l- ii. '.poke
Cvl I
p-
' d to i > n ?•!- ii- '>pokc c,'f th cx-
'il ’I .'.liV. l^-i'I. Cuh’d kjV iMi'. Al:ldlS0Il
jvivio on liio war, and so
;rtioii -;i’whijii in par-
of ihe
at that
took his
r
lU at:ri'.-ks upon ur-i
Air. V' w is a yo man
a vi.'ili r at
Gen. Jack.son was ritrht, and the committoos and
orator.s who comlenined him were Avrong. lie was
right in the law and in the application of the law.
lie had no mu.sty volumes ot' national law to refer
to in the swamps of Florida ; and he neyded none.
He had the law;i of nature, and of nationji, iu his
heart. He had an American heart, and that heart
nev^er led him wronsj, when the rights the interest,
and the honor of liis country w'ere at stake. He hnng
tiie I'jnglirfhmen who were exciting savages to the
muriler of our women and children ; and the policy
of the measure is no less apparent than its legality.
Before that time. Englishmen were eternally in the
raniis of the Indians, stimulating tiicm to hostilities
upon us: since that time no Englishman has been
heard of among them. The example was whole
some—its etVect salutar}'. It has given us twenty-
tive vears of exemption from English interference
in our Indian iiostilities; and if the assassins ot the
Caroline shall be hung up in like manner, it will
give us exemptioji from future llrilish outrage along
the extended line which divides the Union from the
Canada.s.
It is mournful. Mr. Presith'nt. continued Mr. B., to
sec £Tontlfmeu ot' emineat abilities coasulti’.ig books
to liiul pas> igos to justify a!i outrage upon their own
country. Better tiir to tiirow away‘the, books, and
go by the heart. Then, at least, they would always
iiave* tiu' consolation of being on their country’s sitle.
Better even to take the rule of the illustrious Com
modore whose actions have slied so much lustre up
on the American name. (I)iM-atur,) and go for their
country, right or v.-rong. Then tliey would always
have at It*ast their hearts on their side. Besides,
there is no bo )k wi:i»'Ii tits our case — whieli was
written lor tii' iluplicate CTOvernments which we
possess. We liave tState Governments as well as
a General Government; auil these State authorities
have tlu'ir riijhts, and are sovereign within them.^
The proti ction of the lives, liberty an 1 propi-rty of
their citizens, is a!nong these rights; tlie punish
ment of murder, ar.son. ami burglary, are among the
rights of the St.itcs. If there was notliing iti the
law 0:‘ nations, as written in books, to rei’ognise
he.se rig’ats. it would be necessary and proper tor us to
cause a new line to he written in those hooks. But
this is not the case. The law of nations, as they
now si ind. is suliljient for us. The passage quoted
from \'a?tel by the S*Miator from Pennsylvania is
point'-'il ind conclusive in our favor, it applies to
the cii.-^e of .MeLeod, and covers it; and it we give
up that man. upon the demand wl the British Go
vernment. we siiri.ik from the defence of right, and
sutler the law of nations to be violated in our per
sons.
This brin^-s me to the case b»*torc us. What i.'
it ? Th--* facts of the cas»‘ arc all spread out in ofii-
cial docun)(*:it.s. and. the evidence oi them are clear
and uudenialile. An Aauuican steam terry boat
traverses t;.e Xiigara river; sh ' carri«.*s pa.sv;n^(a-.;
and prope: y f.om on-i sii,:re to tht other. The
.1 h«M-V. . u!i 1 perhap . truly, t!*at ^ iie carries
men and a. -n to the insurgentr; la Oaa i.i.i ;^and
v. it! out anv app al to var Governments, tathf'r Sttite
or 1- edi\-nr—without ar-plying to us to pat our ov.ai
’-an faigli h ollicer, ol’his
Mr. B. repeated the expressirn, unanimou.=5 appro
bation ! and said that he would pau.se for correction,
if he wa.s mistaken. He paused. J^cveral Senators
exclaimed, “ yes, yes.*’
Mr. B. continued: I remember the readiuf^ of that
letter wcllj and t!ic lechng ol uniiiiimous approbation
which pervaded the chamber when it was read.
Every Senator that spoke expressed his approbation.
No one signified di.^sent; and tiie feehno- was then
ceedings, either in the court into wdiich he is called,
or in some other court. But whether the process
be criminal or civ'il, the fact of liaving acted under
public authority, and in obedience to the orders of
lawful superiors, must be regarded as & valid de-
l*nice; otiierwise, individuajs would be holden re
sponsible for injuries resulting from the acts of Gov
ernment, and even from the operations of public
war.
univcTsal that the proper answer had been ^iv^jn by i You vnll be furnished with a copy of this in-
Mr. Lorsyth—the ansv.-er whicn the law of nation.s, ; structi " ’ ^ -- .
uction, for the use of tho Executive of New York,
and the Attorney General of that State. You will
the dignity of the Ut.ion, and tho rights of New York
in lay rccol-
t me be corrected j ni'ion by the British Government of the destruction
required to be giving, it I am v^'rong in my rccol- | carry with you also authentic evidence of the recogr-
lection, I repeat the request, i
. • -1 - . , 1 of the Caroline, as an act of public Ibrce, done by
I Several voice.^ cried out, - right.*’ \o one I national authority,
said the contrary.] ; “ f he President i.s impressed with the proprie
Mr. B. ic^utned. a great, point one vit il and con- ot transferring the trial from the scene ot the princi-
clusive in this inquiry, is no^w e.^taoJi.slied, that in | pal excitement to some other and distant county.—
*1 .1- _r T 1... „.K„_ T ,. You v.'ill take carc that this be suggested to the pris
oner's cotmsei. Th'’. President is gratified to learn
that the Governor ofNev/ York has already direc
ted that the trial take place before the Chief Justice
of tho State.
‘‘Having consulted with the Governor you will
the month of January last, when Mr. Kor.-vtlfs let
ter was read in this chamber, we vrere all oVooinioii
that he had given the correct and prop>;r ansvrer :
and among the Senators then present were the pre
sent Secretary of State, the present Attorney Gene
ral, all the old Senators now present, and ibar-lifths
ot the whole number now present. Ip. a v.'ord, the I proceed to Lockpoir, or wlierev'cr else the trial may
Senate was con.stituted as it nov.* is, with the excep- , be holden, and furnish the prisoner’s counsel with
tion of nine members who have gone out^ a:i'l the th-, evidence of which vou will be in possession ma
same number who have come in. _ terial to his defence. * You will see that he have
In January last, as we now see, it vras the unani- skilful and eminent counsel, if such be not already
motis sense ol the Senate that McLeod should not rctaincil. and, although you are not desired to act as
ari'l
t '.and timoiijf other visiter:^' in tiie : r-'-v»'dod and hea-
t- d lohi.y oftlic IIousi\ Stan li.iS- in tb.ai pla^'e, he
saw a Rrpresentative f'n.aii the Sta'e of Ne»v Hamjp-
.’.iire. n,;w thj Secretary Star:. [Mr. 'Webster,] suu-
lait his eelcuratcd res’.Aulioi.s tig liti-it the adminis-
tratioii of Mr. M-a li^on; uua d'.n'ing tho month which
h*‘ rcm..;:v^d at Waol’.lugton. hi' hcrr.l the:;*.' rcsolu-
t. jns d«-b'alC!l, day ia i-nd d;.y -.;t. by the whoie pha
lanx of the Federal pari\. to the exclusion of the bu-
Mness lor whicli Coagr>*s.^ vras called together, and
11 th»^ d^'lay Oi’ the suj)])!ie.? wiiich the invaded and
lileeding condition ol’the country go imperiou:aly de-
jnand-'d. He heard the movor of the resolutions de
liver liis withering denunciations against his own
Government; he sav.* him tbllowed by the solid co
lumn of the Federal htittalion then in the House . he
s.iw the Democracy, patient and forbearing, giving
them all the tune they v/ould ask, and all tlie scope
tiiey vrouUi take; and no one availed himself more
fully Oi Democratic I'orhetu-ajice than the mover of
tho rcsolirijns hlmsolf. He hal time find scope to
his heart's content in attacking his own Govern
ment, and tii.it in time o;‘war, and trt a called sc.ssi'in
of Con:rress. Tin' r >• ollection of tliis niust litive its
nloct upon the nilad of him v.dio was tli*:n the sub-
ot’ so much i’orhearanc*'. He must be willing,
tnat those v.ho please should have tiieir time and
scope, (at this extra session ofCongres-s called in
time of peac * to take sntip judgnients on^ the Ameri
can people,) to ari’ajga an act ot ms, m v> nich, nov. as
near thirty years ago. he has the misfortune to ap
pear on the v/roag side of iiis country’s cause.
IMr. B. f-aid the hisLory of our covmtry contained a
Avarning lesson to gentlemen who take the side of a
fureijii countryau"ainst tliidr own ; he allvided to the
r-;se of Arbutimot and Ambrister, seized among the
Seminole Indians iu ISIS, and hung as outlaws and
pirates by the orders of General Jackson. The news
of that execution was heard with joy by the Ameri
can people, who considfred these Englisnmen as a
thousanil tnnes more culpable than the \\ietched .sa-
vao-cs whom they stimulated to the murder of wo
men and children, and had abandorred their ov/n
country, and the white race to which they belonged,
to |oin sav'ages against a. countr\ with \\ Inch tiieii
own Government was at peace. 1 he country heard
the news of the execution v/ith joy: ty\ey approved
the act of General Jackson. Not so with the politi
cians—the politicians of the Federal school especi
ally. They condemned it; partisan presses attack
ed^ • and when Congress met, committees ot each
House of Congress reported against it—loudly con-
(lonincd it—tind were followed o. ciowd oi specik^
crs. All the phrases now heard in claiming exemp
tion for AIcEeod, and bev/ailing his ftite, \vere then
heard in deploring the late of Arbuthnot and Am
brister. Violation of the laAva of nations, inhuman,
unworthy of tiie nineteenth century, shocking to hu
manity, barbarous,—uncivilized,—subjecting us to re
prisals, and even to war from Englatid—drawing
upon us the reproaches of Christendom, and even
the wrath of Heaven: such were the holyday phra-
bcs with which the two Houses ot Congress then re
sounded. To heiir what was said, and it would seem
that the Briti.sh lion w'ould be instantly upon us.
\V*e were tauijlit to tremble lor the return news from
England. Well! it came ! and what was it ? Not
one w'ord t'rom the British Government against the
act of Jackson! Not the scrape of a pen p-om a
Minister on the subject! Not a word in Parliament
except the unsupported complaint of some solitary
member—just enough to show, by the indilferencc
vrith whicii it \Vas-reReived, that the British House
of Commons had.no condemnation to pronounce up
un the conduct of General Jackson. Their silence
.instilled him in England, while committees and ora
tors condemned him here ; and this justification from
uhrond, in a case where two Englishmen w^ere ac
tually han ged, should be a warning to gentlemen
how they should commit themselves in a case where
im Englishman is merely in the hand ot justice, and
htW'nothing to fear from God and the coiintr.g^^^ it
he is as innoccnt as he now allcdges, and as hu-
5ianitv woi'.’d wish him to be. "
lav.'s in tiroe nirain -c !i
own hc xd. u'itiiont the knowiedgi; of lh*^ Br!i..sh Go-
venimeat. determines to do—wiiat Not to watch
the .su.' pe«’ted ve^. el. arr '^t li* r in the tact, seize the
guilty and .spt*re the innocchtj buL to > ‘eal upon her
in di? uiglit, board her a.-leep. and destroy 1. r at
the American s.hore, under tii'-‘ flag of her country.
In the eveiiitig of t!i'^ nnditated outrage, volunteers
are c-lied tru-—(htv or Ixty .la diing, daring fellows
—rea‘ly to f/jiiow'ih- ir leader to the devil, for that
wa- tlic language u.^ed : and it proves the expedi
tion to have been a diabolical one, and worthy to
be led as well as followed by demons. The arms
v.'ere sabres and pistols; the season of attack, mid-
nicrht; the means of approach, light boats and muf-
lled oar.-; tho progre.s.s, slow, silent and stealthy,
that no suspicious sound should alarm the sleepin g
victims. The oriler v.as, lii'oth mid no q'j.arlcr.—
Tirj." pr.’pared tin^l Icil, they approach tiie boat in
the dead ot' the night—reach her without discove
ry— ru.sh on board—tly to the berths—cut, sla.^h,
stab anl siioot all whom they see—pursue the fly-
ini?. and besides those in the boat, kill one man at
least upon tin' soil of his country, far from the wa
ter's e.lge. \'ictorious in ana’t.ack where there was
n o resisKince, the conquerors drew the vessel into
the midst oi’the current, st't her on fire, and with all
her contents—the dtiad, the living, the wounded and
the dying—.send her iu fl tuiea over the f’rightf’ul ca
taract of'the Niagara. M I.eoil, the man whose re
lease is d ;m itbled from us, was (according to his
own declarations, made at the' tiim’: in his own coun- i
try, repeated since in ours. a:id according to the j
sworn testimony of one of the survivors ) an actor in
that piratical and cowardly traged}'. According to
his own asseriions, and the admissions of his com
rades. he was one of the fbrenmst in that cruel work,
anl actu;iily killed one of the "damnc l Yankees,'''
to use his own words, with his own hands.
All this v.’as in December of the year 1837. It
filled the country v/illi indignatioti. It fired the bo-
•soms of tiie border settlers on a line of fifteen hun
dred miles. Retaliation was in e.very heart, threats
in every mouth, and war imminent. Mr. Van Bu-
ren was then President. To calm the spirits of the
excited, proclamations were issued to them. To
prevent acts of retaliation, troops were raised and
stationed along the line. To obtain redress for the
outrage to our citizens, and the insult to our nation
al character, application was made to the British
Government to rep-air the wrong that was done.—
That Goverrnnent deilaycd its ansv/er to our just de
mand—avoided tiie assumption of the criminal act-
excused and justiiicd, without assuming it—reward
ed the olfciuiers with titles, pensions, and praises—
and clearly encourtvged them to do the like again.—
Diplomacy was stiil drawing out its lengthened
thread—still wciiving its long and dilatory web—still
Penelopizing—when the same McLeod, the boaster
in Canada of his active share in this triple crime of
midnight murder, arson, and robbery, crosses over
to the American side and repeats, in the hearing of
Americans, and on the spot which had been the .scene
of his exploit, the audacious boast of his participa
tion iu it. Justice then took hold of him. The laws
of New York laid their hands upon him ; and a grand
jury o!’ the vicinage, on an indictment regularly pre-
'ferred, returned a true bill against him. A trial, of
course, was to take place in the Oourt.softhe State,
whose laws had been violated, w’hose citizens had
been murdereil and robbetl, whose peace had been
disturbed, and whose authority had been set at de
fiance. The news ef this proceeding Hies to the Bri
tish Minister here : that Minister addresses a note to
the Secretary of State, (Mr. Forsyth,) demanding
the release of McLeod; and the Secretary ansvver-
ed by the direction of the then President, (Mr. Van
Buren,) that this man being charged with offences
ao-ainst the laws of New York, the General Govern
ment had no right to interfere, and should not do so.
This answer was read in the Senate in January
laBt, wdien most of the present members of the body
were then present—when the present Secretary of
State and the present Attorney General were both
present—and when this response of Mr. Forsyth,
refusin^ to orive up McLeod, or to interfere with the
Courts of New York, recci\ sd the unauitnous uppro
bation of this Chamb'--r !
be interrupted; and this also, I feel justified in say
ing, was the sense of the House of Representative.s.
TheMcLeoil correspondence was comnumicated to
that body. Five thousand copie s of it moved to be
])rinted. A reference of the v\'liole vras made to the
Coinmittee of Foreign Relations; and tin- judgment
of the House appeared to be the saiue of tiiat of the
Senate.
In the month of Jamiar}' la.'t, it may then be as
serted, that the two Houses of Congress approved
the decision of President Van Buren : auil, accor
ding to that decision, McLeod vras neitlier to be giv
en up, nor the course of justice in New York in
terfered with by the Federal Government.
Mr. Fox received tlie unsv.’cr of Mr. Forsyth—
transmitted it to his Government—and received irom
that Government precise instructions to avow and
assume the atttick on the Caroline as a national act
—to make a peremptory demand for the release of
McLeod—to threaten us with serious consequences
in the event of retu.sal—tuid, as the British newspa
pers said, to demand his passports, and leave the
country—if his demand wa.s not immediately com-
phed with. It was on t!ic evening of liie Itii
March—the day of the inauguration of the nr
sitlent—that the ucu's of these instructions arriv^cd
in this city, and along v.dth them the war threats
an't th .v.»r v.eeches of the press and publi'i men
()♦'I-.Wirland- till threat of m inv papers to ..f'nd .id-
mirals and war f .‘tciiTit'rs to ba*r' r duwn oi:r cities—
and the diaboli . d speech of a Peer of the realm, in
tlie House of Lords, ( Lord MeintcaijhelJ to excite
our tliree millions of' negroes to in.-iurrection—to
raise all the Indians aga insl us, and to ilestri)y our
finances by bursting the pnr>cr bubbles upon which
they tloatcd.
It wa.; on the ev-’ning of the 1th day of March
that these instructi ->n.s, th.is d«.mand, this threat, and
all these war tinnunciations, arrived in this city.
The new President had just been inaugurated ; his
Cabinet hadjuol been indicated: the men v;ho were
to compose the Presidetitial council were fuily
counsel yourself, \'ou will cause it to be signified to
him. and to the gentleman wdio may conduct his de-
tence, and it is the wish of the Government that, in
case liis defence be overruled by the court in which
he shall be tried, proper steps be taken immediately
j tor removing the catise, by writ of error, to the Su
preme Court of the United States.
The President hopes you v.’ill use such despatch
a.s to make your arrival at the place of trial sure be
fore the trial comes on; and trusts you will keep
him informed of wliatev’er occurs by means of a cor-
rc.spondence through this Department.*’
A copy of these instructions, I have said, were de-
livereti to Mr. F'ox at the time they wei'e written
At the same moment they were delivered to the new
Attorney General, [Mr. Crittenden,] who, thus
equipt with written directions for his guide, and ac-
conxpanied by an officer of high rank in the United
States Army, [Major General Scott,] immediately
proceeded on the business of hie mission to the State
ot New York, and to the place of the impending tri
al, at Lockport. About forty days thereafter, name
ly com-1 2 Uh of April. Mr." Webster replies to Mr.
1 (lav of Fox's letter of the 12th of March ; elaborately re-
views the case of McLeod—^justifies the instructions
—absolves the si>bject, and demands nothing from
the sovereign who had assumed his otlence.
Thus, what I had said on the evening of the 4 th
of March had come to pass. Underhand springs
had been hOt in motion to release the man; a letter
’ was afterwards cooked up to justify the act.
This, sir, is the narraiive of the case—the hist :rv
of it dov/n to the point at v.'hich it now stand
upon this case I propose to make some remarks, and.
j in the first place, to examine into the legality auvi
I propriety ot tli«: mis.sion in v.'hich our Attorney Ge-
I neral was employed. I mean this as a preliminary
‘ inquiry, unconnected v.dth the general question, and
solely relatinix to the sending of our Attorney Gene
ral into any State to interfere in any business in its
courts. I believe this mission of Mr. Crittenden to
New York was illciral and improper- -a violation of
- , , , ,, , , , ana improper--a VK
known; and I undertook at once to tell what would , q,jj. own statutes, and will test it by referring to the
be done. I said to several, somc iiovr iv. this city, ii j under which the office of Attorney General was
not in this chamber—McLf od Tvill he givai up ; ?io! created, and the duties of the ofliccr defined. That
directly, Imt indirectly. L ndcrhcinded springs U'dl passed in 17S9, and is iu these words :
he set in motion to release him ; and a letter u'lll aj- u ^\iid there shall also be appointed a meet person,
tericai'ds be cooked to show to Congress a7id th }pco- ^ learned in the law, to act as an Attorney General of
pie, and to just tjy what had been done. ^This^is ^vhcit j United Statc.«. who shall be sworn, or affirmed.
I said ; pei.sons are now in this city to wliom I said it:
and now let us resume tlie narrative of events—let us
follov.- the current of facts—and sec what was done
by the new Administration which had just been in
ducted into office in the midst of triumphal proces
sions. tmder th.e fire of cannon, the display of flags,
and with all the glorious pomp and circumstance of
u ar. Let us see what they did.
On the 12th day of March, the new administra
tion having had time to organize, Mr. Fox addresses
to Mr. Webster a formal demand, in the name of his
Government, tor the release ot McLeod; and goes
on to sav.
The grounds upon which the Briti.sh Government
make this demand upon the Government oi the Uni-
t»’d States are these: that the iran'iaf'tion on account
of v. hich McLeod has ueen arrested, and is to be
to a faithful execution of his otlice; whose duty it
shall be to prosecute and conduct all .suits in the Su
preme Court in vrhich the United States shall be
concerned, and to give his advice and opinion upon
questions of lav,*, when required by the President of
the United States, or when requested by any of the
Heads of Departments, touching any matter that
may concern their departments; and shall receive
such compensation lor his services as shall be by
law provided.”
Here, said Mr. B., arc the duties of the Attorney
General. He is subject to no orders at all from the
Secretary of State. That Secretary has nothing to
do with him except to request his legal advice on a
matter v/hich concerns his department. Advice on
a question ofmuniciple law was doubtless what w-as
ol v/.iicn Mcliood lias ueen an .. • intended: but no advice of any kind seems to have
put upon iii.s trial, was a transaction ot a pubhc chai- Attornev General Hc seems to
ry for the defence of herMajesty^s territories and tor ccrtainly an illegal assumption
tection of her Majesty s subiects; au.l tnat ofa\ithority over the Attorney General, an assump-
quently those subjects ot her Majesty who cn^a^l ^vhich‘the statute docs not recognise,
in that transaction were pertormmgan ae c ot pub- ^ ^
i conn to assi.t at the detbnce of a person on trial, in
nals of anv foreinn country. ’
tiiat cor.vt for a violation of the State laws, and is
directed to employ eminent and skilful counsel for
him—to furnish him witli evidence—to suggest a
But. be that as it mav, her Mtijesty's Govern
And after entbrcing this demand, by argument,
contesting the answer given by Mr. h orsyih, and — ..
surr(restinfT the innocence of McLeod, tlie letter pro-; change oi venue—anu to take a v.Tit of error to the
ceeds to s’av: _ _ I Supreme Court of tho United States, if the defence
-1 of the prisoner be 'overruled by the State Court.—
’ er-
ad-
in
in
ces wdiich must ensue from a rejection of this de- the name of the United States, but to dismiss the
mand.” writ.
This letter to Mr. Webster bears date on the i2th
of March, which w’as Friday, and will be consider
ed as having been delivered' on tho same day
Now, it is very clear, that ail this is foreign
to the duty of the Attorney General—foreign to his
office, disrespectful and injurious to the State of
New York ; incompatible with her judicial inde-
bring the General Go-
ernmeiit into collision.--
prosecution in a State
mand of tlii? Minister ind despatch^ tho Attorney j coun !or iu« luuiuj-i u. ns citizens; the importance
Sencral to New York, to effect^he diseharft-e of the I of the casc .:.s induced tne Governor o the S^e,
prisoner. The instructions, among other things, : as ho has ofhcuilly mformed its Legi^latuie, to di-
sj^y. { rect the Attorney General of the State to repair to
• You arc w^ell aware that the President has no | the spot, and to prosecute the prisoner in peTSoti,
United States, I am directed to say that the Presi
dent, upon the receipt of Mr. Fox s last communica
tion, would hav’c immediately directed a nolle prose
qui to be entered.
“ Whether in this case the Gov^ernor of New* York
have that power, or, if lie have, wdiether he would
not feel it his duty to exercisc it, are points upon
which we are not informed.
“ It is understood that McLeod is holden also on
civil proce.ss, sued out against him by the owner of
the Caroline. We suppose it very clear that the
Executive of the State cannot interfere with stich
process ; and, indeed, if such process wepc pending
in the courts of the United States, the President
could not arrest it. In such and many analagous
eases, the party prosecuted and sued, must avail
‘ hims'^lf of bia er-^rnpticn or .>renc«. by judicial pro-
Phe admonition to Mr. Crittenden, that he was not de
sired to act as counsel himself, w'as an admis.'iion
that he ou^lit not so to act—that all that he was do-
iu‘>- was illegal and improper, and that he should
not carry the°impropriety so far as to make it pub
lic by making a speech. He v/as' to oppose the
State wdthout publicly appearing to do so; and, as
for his duty in the Supreme Court of the United
Statesj he was to violate that outright, by acting for
the accused, instead of prosecuting for the U. States!
From all this I hold it to be clear, that our Attor
ney General has been illegally and imprpoerly em
ployed in this business; that all that he has done,
I and all tho expense that he has incurred, and
th? fee h‘5 may have promised, ar? not only
without law but against law ; and that the rights of
the State of New York have not only been invir*
ded and infringed in this interference in a criminal
trial, but that the rights and interests of the owners
of the Caroline, who have brought a civil action
against xMcLeod for damages, for the destruction of
their property, have been also gratuitously assailed
in that part of the Secretary’s instructions in which
he declares that such civil suit cannot be maintain
ed. I consider the mission as illegal in itself, and
involving a triple illegality,—as it concerns
the Attorney Gleneral himself, where he was sent to
a place where he had no right to go; next, as it
concerns the State of New York, as interfering
v.'ith her administration of justice; and, thirdly, as
it concetns the owners of the Caroline, who have
sued McLeod for damages, and whose suit is de
clared to be unmaintenable.
I now proceed, Mr. President, to the main inqui
ry ii'i this fease, the correctness and propriety of the
answer given by our Secretary of State to Mr.
Fox, and its compatibility with the honor^ dignity,
and future welfare of the Republic.
I look upon the ^'instructions'^ which v/ere gi
ven to JMr. Crittenden, and a copy of which were
sent to Mr. Fox, as being the answer to that
Minister; and 1 deem the letter entitled an answer^
and dated forty days afterwards, as being a mere
afterpiece-—an article for home consumption-—
a speech for Buncombe, as w'e say of our addresses
to our constituents—a pleading intended for us, and
not for the English, and v.’holly designed to execute
and defend the real answer so long before, and so
promptly given. 1 will give some attention to this^
so called letter, before I quit the case; but for the-
present, my business is with the “ instructions^^ a;
copy of which being delivered to Mr. Fox, was
THE ANSWER to his DEMAND; and as
such was transmitted to the British Government,
and quoted in the House of Commons as being entire
ly satisfactory. This quotation took place on the
oth day of May, several days before the, so called
letter of the 21th of April could possibly have reach
ed liondon. Lord John Russel, in answer to a
question from Mr. Hume, referred to these intruc-
tions as being satisfactory, and silenced all further
inquiry about the afiair, by showing that they had
all they w’anted.
I hold these instructions to have been erroneous,
in poiiit of national law, derogatory to us in point
of national character, and tending to the future de
gradation and injury to this Republic.
That the Secretary has mistaken the law of the
case in consenting to the release of McLeod is con
clusively shown by referring to the opinions of the
two Houses jf Congress in January last. Their opi-
s ; an; | were then unanimous in favor of Mr. Forsyth’s
answer; ani that answer was a peremptory refusal
either to admit that McLeod ought to be r> leased, or
to interfere in his behalf with the courts of Nevv’
York. The reasons urged by Mr, Fox in his let
ter to Mr. Forsyth for making the demand, were
precisely the same with those subsequently given
in the letter to Mr. W”ebster. The only diflerence
in the two demands was in the formality of the lat
ter, being under instructions from his Government,
and in the threat whicli it contained. In other re
spects the two demands were the same; so that, at
the outs'^-t of this inquiry, we have the opinions of
the Secretary of State, the Attorney General, and
the body of their friends in the two Ilouses of Con
gress to plead against themselves.
I next refer to the argumeftts which have been
used by my friends who have preceded me, espe
cially the opening speech of the Senator from
Pennsylvania, [Mr. Buchanan,] and his pertinent
and conclusive quotation from Vattel. The whole
argument was close and pointed; and the quotation
was absolutely irresistible. It w'as in these w’ords :
“ However, as it is impossible for the best regula
te! State 01 for the vigilant and absolute sovereign
to ’nodel at his pleasure all the actions of his sub-
jp'ts, auvi to confine them on every occasion to the
most exact obedience, it v.^ould be unjust to impute
to the nation of the sovereign every fault commit
ted by the citizens. W^e ought, not then, to say, in
general, that we have received an injury from a
nation, because we have received it from one of its
members.
But if a nation or Its chief approves and rati
fies the act of the individual, it then becomes a pub
lic concern, and the injured party is then to consi
der the nation as the real author of the injury, of
w’hich the citizen was, perhaps, only the instru
ment.
Jf the offended State has in her power the indi
vidual ichn has done the injury, she may, without
scruple, bring him to justice, and punish him. If
he has escapcd, and returned to his own country,
she ought to apply to his sovereign to have justice
done in the case.”
This is the case before us. The malefactor is ta
ken, and is in the hands of justice. His imputed
crime is murder, arson and robbery. His Govern
ment, by assuming his cri.me, cannot absolve his
guilt, nor d-'feut our right to try and punish him ac
cording to hw. The assumption of his act only,
adds to the nuaiber of the culpable, and gives us an
additional offender to deal with, if we choose.—
We may proceed against one or both; but to
o-ive up the individual when we have him, wdthout
redress from the nation which justifies him, is to
throw away the advantage whicii chance or fortune
has put into our hands, and to make a virtual, if
not actual surrender, of all claim to redress whatso
ever.
The law of nations is clear, and the law of the
patriot heart is equally clear. The case needs no
book, no more than the hanging of Arbuthnot mid
Arnbtister required the justification of books when
Greneral .Tackson was in the hammocks and marsh
es of Florida. A band of foreign volunteers, with
out k nowing what they were going to do, but ready
to fjilow their file leader to the devil, steal *:ros9 a
boundary river in the night, attack unarmed people
asleep upon the soil, and under the flag of their
country; give no quarter; make no prisoners ; dis
tinguish not between young and old; innocent or
o-uflty; kill all; add fire to the sword; send the
vessel and its contents over the falls in flames; and
run back under cover of the same darkness whicli
has concealed their approach. All this in time of
peace. And then to call this an act of war, for
which the perpetrators are not amenable, and for
which redress must be had byiighting. or jiegofi-