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MS ' The tendency of litmocracy it toward the titration of the tndustrtout elaee,the incrtate of thttr comfort, thtastertion of their dignity, tht ettablithment of their potcer." - V BY ROBERT WILLIAMSON, Jr. LIXCOLXTO V, X. C, AUGUST 18, 1841. VOLUME Vi NO. 12. NEW T E It M S . OF TJIE LINCOLN REPUBLICAN TERMS OF PUBLICATION. The Lcncolx Republican is published every Vednesday at $2 50, if paid in advance, or 3 if payment be delayed three months. No subscription received for a less term than 'twelve months. " No paper will be discontinued but at the optiuo "of the Editor, until all arrearages are paid. A failure to order a discontinuance, will be con sidered a new engagement. TERMS OF ADVERTISING. Ahvertisemkxts will be inserted conspicuous ly for SI 00 per sijuare for the first inseition, and 2.J cents for each continuance. Court and Judicial advertisements will be charged 23 per cent, more than the above prices. A deduction of 33 J per cent, from the regular prices will be made toyearly advertisers. The number of insertions must be noted on the manuscript, or they will be chaiged until a discon tinuance is ordered. TO CORRESPONDENTS. To insure prompt attention to Letters addressed to the Editor, the postage should in all cases be paid. Twenty-seventh Congress. THE McLEOD CASE. SPEECH OF MR. BOWNE, OF NEW YORK. Jn the House of Representatives, July 13, 1841 On the correspondence of Mr. Webster with the British Minister, in re relation to the surrender of Alexander McLeod. The following resolution being under consideration Resolved, That the President of the United Slates be requested to inform this House, if not incompatible with the public service, whether any officer of the arm', or the attorney General of the United States, has, since, the 4th of March last been di rected to visit the State of New York for any purpose connected with the imprison ment or trial of Alexander McLeod; and whether, by any Executive measure or cor respondence, the British Government has been given to understand that Mr. McLeod will be released or surrendered; and, if so, to communicate to tins (louse copies of the instruction to, and report of, such officer. Mr. BOWNE rose and said Mr. Spea ker: I propose, in the remarks which I shall address to this House, to confine my self to the subject under debate, which is a resolution of inquiry. 1 shall endeavor to discuss its merits, and the merits of the general question of the McLeod aflf.nr, so far as they are involved in that resolution. It would have given me pleasure, liad the time to which I am limited allowed of it I say, sir, it would have given me pleasure to discuss many important points, some of 'them of a constitutional c' aracier, which have grown out of this affair questions of inter national law, the right understanding of which, and the right action of Govern ment thereon, are .of overwhelming in:er est to the people of this country. Not withstanding my residence, sir, in a Slate most vitally interested in this matter a folate looking to every movement of the Executive with breathless interest; looking to every decision as solving a portion of the great problem of our Government, and yet with a firm and inflexible determina tion at every hazard to maintain, unimpair ed, her rights I say, not withstanding al! this,! should have been contented to re main silent, discharging my duty by giving myvoie in favor of ihe resolution, but for the strange, the extraordinary course pur sued by two of my colleagues on ihi floor. ;J woitld have contented myself, sir, with the full ami searching investigation given to this subject in another branch of tlie Capitol; and I would have held up those able expositions of constitutional law, those triumphant vindications of the rights of New York, and that entire refutation of the doctrines advanced by the present Secreta ry of Slate, a3 my shield as a complete answer to all that has been urged in their favor on this floor. Sir, after the extraor dinary course pursued by those gentlemen after the sentiments put forth on this floor 1 feel that it would be dereliction of duty for me to remain silent. I should be guil ty of treason, and recreant to the trust re posed in me by my fellow-citizens, if my vnic was unheard within these wal.'s, re pelling, with the indign-tion of conscious truth, the calumny on my people and tlf .-calumny ou my State. Sir, 'you have theard, oo-this floor, our fellow-citizens de nounced as "lawless banditti." Not, sir, in a tavern, or a cross road; but here, sir, here, on the floor of an American Congress, rwe hear the men who are our own coun try .men, bounJ to us by every tie of com mon .interest, denounced as "lawless ban lijtji." We have' heard them accused of seeking a controversy with England with unnecessarily thrusting themselves into a quarrel seeking their reward in conquest, and the possession of a portion of her ter ritory. We have heard the doctrines laid xlown by Mr. Webster doctrines dishon orable to the State of New York, doctrines ivhich cannot be borne out by the Consti tution, violative of every knwn principle of iaternational law; we have liead those doctrines seriously, openly, unblusliingly defended in this h≪ and, in addition, we have been told that the citizens of the Em-1 pire Stale were satisfied that they acqui esced in the decision. Sir, it is this of which I complain; it is this slander of the State which I partially represent. Sir, I deny the charge. In the name of my own state, I deny the charge. I repel it with indignation; it is to traduce the characters of the Slate, the character of our citizens, to invade her sovereignty, to trample her rights under foot, to say that she acquies ces in those iloctrines. Sir, I say, once for all I say it emphatically the State of New York never has, the State of New York never will, give her liberties into the keeping of the Secretary of State, humble herself at the feet of British power at his command, or cringe in abject submission before his dishonorable fiat never, sir, I repeat, whatever may be the issue, will she abandon her rights. The man McLeod is in her custody; lie is in the custody of her laws; if found guilty, he will undergo the punishment due to his crimes; but never will the Empire Slate surrender into the hands of Mr. Webster any custody or con trol over that individual, his trial, or his punishment. Having said thus much, sir, 1 propose to enter briefly into the circum stances of the case before us. And what are the facts which have originated the con troversy? We found Canada a colonial Govern ment, a dependeicy on England in a condition fat worse than wa this country when the colonies threw olF the yoke of British power. Repeated siilf-sring had made lliem ripe for revolt. Kepeau-d acts of injury had alienated and estranged them from the parent country. The same spirit that warmed our fathers the same spark that burned in their bosoms the 4!ame dauntless bravery had communicated itself acioss the Niagara. Rebellion raised her banner, but it was rebellion against wiong. The object of that people, sir, was,a noble one; they fought for freedom, and for the establishment of a republic like our own. It was no false lire it was no false feeling; the yoke of bondage and corruption pres sed heavily upon them, and they rose in their might to free themselves. What, un der such circumstances, was to be expec ted from American citizens? Sir, we had many recollections that bound us to that struggle. We, like them, had trod the fie ry pathway, we, like them, had endured until resistance became a virtue. There is much in our history in common; and we should not have been American citizens, we should have been unworthy of the free dom we had purchased with our blood, if we could have gazed upon that struggle without an emotion, without a sympathy, or without fervent aspirations for the suc cess of that cause. Sir, it wa no feeling to be indulged by "lawless banditti" it was no piracy it was the spirit of '7G, that, animating our forefathers, had led them to tieclare the then colonies to be free and independent. It was the fire of liberty, sir; it was an emanation from Deity itself; it was the answer to the voice of suffering and oppressed humanity; it was the unal terable, ineradicable love of liberty, deeply implanted in every American heart. But, sir, 1 will come to the more immediate cor respondence, information as to which is sought for by the resolution before the House. What, sir, was the course of the Caro line? For what purpose was she intended? And how was she used? I read now, sir, from document No. 183, of the 23th Con gress, 2d session: "On the morning of the 20th day of De cember last, (1837,) a steamboat called the Caroline,' of Buffalo, in the State of New York, left that port for Schlosser, another port of that State, upon the east side of the Niagara river. " That this vessel was the property of William Wells, of the said city of Buffalo, and was commanded by Captain Gilman Appleby, both of whom are citizens of the United Slates. "That she was cleared with the view of running between the said ports of Buffalo and Schlosser, and for the purpose of car rying passengers and freight. "That, on her moving down the Niagara river, she came to at Black Rock dam; and, whilst in port, the captain caused the Amer ican ensign to be run up. "Thai, soon after leaving Black Rock harbor, several musket shots were discharg ed at the said boat, from the Canada shore, but without doing any injury. "That her course down the river was continued without further molestation; and she touched at Navy Island, where a num ber of passengers disembarked, and sundry articles of freight were landed. "That from this place she was run over to Schlosser, where she arrived at three o' clock, p. m. She was made fast to the dock at that place, with a chain cable, a bout six o'clock in the evening. "Thai the officers and crew of the Car oline were ten in number; that, during the evening, tweaty-ihree other individuals, citizens of the United States, came on beard, and requested permission to remain there during the night, as they were una ble to procure lodgings at the only tavern at Schlosser. This request was granted, j and they retired to rest, as did the officers and crew of the boat. "That, about midnight, an alarm was given, in consequence of the approach from the river of four or five boats; and, a mo ment alter, the Caroline was boarded by a number of armed men from said boats, who immediately commenced an indiscrim inate attack, with pistols, and swords, and cutlasses, upon the unarmed crew and in mates of said vessel, under the cry of 'give no quarter, several of whom were slaugh ter!. "That the steamboat wa yielded with out resistance, and was inimediatelyset on fire in several places, cut loose from the dock, towed into the current of the river, abandoned, and ultimately went over the Niagara falls. "That one man, Amos Durfee, (a citi zen of Buffalo,) was kii'.ed and left dead on the dock at Schlosser: and others who escaped with life were most severely woun ded and dissabled; and amongst them was the captain. "That several individuals who were on board the ooat are still missing, and there is strong reason for believing that they were either murdered, or found a walery grave in the cataract of the river." And yet, sir, in the face of this evidence evidence with which my colleague must have been more or less familiar in the face of tliis evidence, sir, we bae beard him call this a piratical vessel. What part of her actions, what movement, is clouded in suspicion? Does she wait for the man tle of night to fall on the sleeping world be fore she enters on a nefarious enterprise? Does she seek to hide herself from ihe view? No, sir, no ! There is nothing about her movements calculated to give color to the suspicion; her trips were made in broad daylight; they were open, and their object was avowed. The pretence is idle; there is no substantiality in the charge; it is con tradicted by all the circumstances of the case. But, sir, my colleague says she was sail ing under false colors, and upon that asser tion he grounds his statement. What au thority has he brought here, sir what ev idence of that fact? He has read to yon a portion of a letter not by an admitted au thority not by an American citizen but from Sir Allen MeNab himself. Yes, sir, the very man admitted o dl hands as the one who is ihe author ci this murder, the first cause of all the attack and bloodshed, and the serious consequences which may perhaps follow; the man who received the Iscariot's price and a knighthood for his acts of cruelty and his breach of national law; the man who, more than all others, is interested in giving wings to the charge, however false, that it might, if possible, color his acts to his Government, and the acts of his Government lo this country; he who, from his very interest 111 this matter, is an incompetent witness to say nothing of the tendencies of his feelings and prejn dices 10 warp the truth: this matt is cho sen by my colleague as a witness; bis tes timony is brought here here, into the hall of the Representatives of the American peo ple and offered to them as evidence. Mr. Fillmore. To whom does my col league refer ? Mr. Bowne. Sir, I cannot be interrup ted; at the expiration of sixty minutes I must cease to address the House on this important subject; 1 shall then bo gagged. The colleague to whom I refer is Mr. Hunt. Mr. Fillmore. lie is not in his seat. Mr. Bowne. Sir, I will make no mis statements. I will make no false charges. 1 will make no misrepresentations. 1 un derstand my position, and I am fully awaie of what I am fcaying. I say that my col league read from the letter of Sir Allen Mc Nab, and that was ihe testimony he offer ed to prove that ihe Caroline was sailing under false colors, and engaged in carry ing troops to Navy Island. Sir, as to what that vessel really was engaged in, I have read to the House some extracts from the evidence taken upon the subject. I have produced here, sir, the evidence of American citizens such evidence as I doubt not, sir, would be rejected by the counsel for the Crown, but such as I trust is worthy of all credit on the floor or an American Congress. The evidence from which 1 have read, sir, was collected by the authority of the Government, and by the order of the last Administration. It is evidence given under oath, and by men cal culated to give a just and true statement of facts. We will begin on ihe 29ih of De cember, and recapitulate the prominent facts. She was running in American waters, from one American port to another, bear ing aloft the American ensign; she lay to ou American ground for the night, and this at a time when we were at peace with Great Britain, and whilst our Govern ment was taking active and efficient mea sures lo prevent a violation of our neutrali ty laws, and thereby perpetuate peace and its attendant blessings. Sir. to'what other conclusion can you come upon this, subject than that it was a wanton, a brutal, and an unprovoked out rage ? At midnight, thirty-three of our j citizens had sought their rest citizens engaged in the peaceful pursuit of their lawful employment their vessel moored in American waters, and they slumbering in fancied security beneath the protection of iheir country's flag. Not dreaming, sir, of an attack beneath the sable cloud of night, they had retired to sleep the sleep ol death. From theCanada side of the river the British troops approached slowly and stealthily into American waters. No cry of warning, sir, rang on the midnight air. No intimation was given to those unconscious sleepers that a dreadful de struction was near. Al that houi of mid night the fatal vessel was attacked; the feet cf England's myrmidons polluted our soil; die noise of discharging rifles and pistols, ind the suppressed murmurs of those who were busy 111 the work of destruction, soun ded through the stillness of night. One of our citizens was murdered, sir, in cold blood, on our own shores. J he boat was towed out into the current; it was set on fire, if not with the knowledge, at least with the presumption that human life was ihere to be sacrificed. Along the rapid waters it was driven a flaming wreck; and while the heavens were crimsoned with the reflection of the . flames, and the soil of our country stained with the blood of our fellow-citizens, the Caroline was sent down the thundering torrent of the Niagara, and rushed to destruction in its winding-sheet of fire. The cry of the victims, aud the shrieks of the terrified spectators, were lost in the roar of its torrent. But here, sir, this conduct is sought, if not lo be justified, at least to be palliated. Yes, sir, there is one voice that can be beard here to pronounce our countrymen "lawless ban ditti" one voice that can find a redeeming trait in litis deed of bloodshed and thai voice is from New York. That voice is from the Schenectady and Saratoga district; and, sir, if my voice could reach his consti tuents, I would call upon them to watch the course of their representative. 1 would call, sir, upon the men of Schenec tady that city which has so recently risen like a phoenix from the ashes of its for mer fire whose soil every inch of which is endeared to them by tha memory of the past, and sacred, frrever sacred, to the spir it of liberty a city baptised with the blood of freemen .1 would "call upon thorn, while they look back upon a long line of a noble ancestry who have fought the bailies of freedom: I would bid them listen and hear the voice of their representative speaking on this floor by their authority, denouncing their fellow-citizens as pirates and "lawless banditti." And Saratoga, too, sir 1 would call on the gallant sons of thai district, whose eyes morning and night look to the great battle-ground of freedom who behold, at every step, some object to call up reminiscences ol the struggles and sacrifices of their countrymen in the de fence of freedom who behold, on theii own sod, the scenes ol tnetr country s tri umph I would bid them to hearken to the voice of their representative. Sir, another of my colleagues QMr. Hunt would have indulged a friendly dis position towards this inquiry -he would acquiesce in its justice and propriety- he would have given it his powerful support sub silemio, had not Mr. Webster been attacked. There was the power that had turned the current and made it flow back wards there was the cause of the revolu tion in the gentleman's feelings. The supporters of this resolution have thought proper to deny the positions of the present Secretary of State and there's the rub. The gentleman can no longer yield his support; it is withdrawn from the resolu tion; not that he loved his country less but that he loved Daniel Webster more. And my colleague further tells us we must not agitate this question while negotiation is pending; that, by so doing, we force this Government into a war with England Sir, I am myself opposed to war. 1 was educated after the strictest manner of the sect called .Quakers I have learned the lessons of peace from ihe lips of a venerated parent, in his public and private teachings. And, sir, after reflection has confirmed and strengthened the effects of education; those principles taught me in childhood have a fresh, a living, and abiding influence now. Let me not be ac cused of seeking to kindle the flame of war. I am for peace, sir, where peace may honorably be maintained. But. sir, my country's honor is dear lo me. 1 am not willing to see it degraded in abject ser vility at the foot of. British power; and least of all, sir, am I willing to see it broug ht into that condition by an American Secreta ry of State, Rather thai that, come war if it must be so; let its dangers and its horrors come, rather than will surrender my country's honor or sacrifice my coun try's dignity. Sir, we have heard m'tsh during this debate of the course of the last Adminis tration; we have heard it cansurc i as the origin of the dilfiulties in which this quesl o:i is now involved.' Sir, what is the truth of thi matter? When Mr. For syth received the ic:ter of Mr. Fox, an nouncing that the British Government a c knowledged ihe burning of the Caroline to ba an act of public force, done by the authority of the Government, what posi tion did he assume ? I refer you, sir, to his letter dated on the 23th of December, where he says, "it will be for the court which has taken cognizance of the offence with which Mr. McLeod is charged, to de cide upon its validity when legally estab lished before it." So much was said, sir, in relation to McLeod; and the next para graph goes on to call fir some action on the part of ihe British Government in re ference to the burning of ihe Carolina. Mr. Forsyth reminds the British minister of the delays which had already taken place. He held both McLeod and the Government responsible. McLeod was responsible to the Slate of New York for the murder, and the British Government for ihe act which they had 'thus plainly avowed. Sir, the course of the last Administration in this matter was ready and just; it did not com promise the honor of one Slate; it did not truckle to the power of England a power which takes advantage of every inch of ground that is yielded through folly or through fear. But what has the present Secretary of State done? What has been the course pursued by him? I will refer the House to the instructions given by him to the Attorney General. He says: "It is the wish of this Government that, in case his defence be ovei ruled by the court in which he shall be tried, proper steps be taken immediately for removing the cause, by writ of error, lo the Supreme Court of ihe United States." Sir, we are not left in doubt as lo what would be the result; for, with a view to influence, if possible, the decision of the Executive of New York, Mr. Webster says: "I am directed to S3y that the President, upon the receipt of Mr. Fox's last communication, would have im mediately directed a nolle prosequi to be entered." Sir, it is this of which I com plain this interference in the arrangements of the Stale of New York. Mr. Webster well understood that McLeod was right fully under the guardianship of New York, and that in due course he would be tried. Sir, I trust he will be tried still, and, if found guilty, executed. Yes, I would have the Slate of New York without crouching to any power, either a power at home or the power abroad I would have her pursue her jurisdiction to the execution of that man, if lie should be found guilty. Yes, sir, on the very spot in sight of the opposite shores ou the scene of his exploit on the ground which he had crimsoned with the life-blood of his victim there would I iiave him, if guilty, to expiate his crime. But why, sir, was the Attorney General sent at all? Not only do I ask why such instructions were given, but I ask why he was sent at all? Why this mission, accom panied with one the bravest of the brave, whose hair is whitened in the field of glo ry? Whence this new-born interest for a lirilish felon? Sir, was he sent to New York to give assistance and advice "to the Stale? Was he to proffer his assistance to maintain the inviolability of justice? No, sir. His object was to consult with the accused to offer his counsel and advice lo him to direct the mode of his defence in sucfi a manner that he should easiest es cape the threatened punishment. Not be tween the Government of the State of New York and the Executive was this corres pondence, but between the Executive and the accused. N-iw, sir, let us inquire for a moment what was the object of this Executive inter ference. Was it not obviously to influ ence and control the aciion of ihe Execu tive of New York? Sir, I am hnppy to bear the tribute to the present Executive of that State, and say that he took a high and noble stand in reference to this matter. Belonging to another party, sir, and oppo sed to his doctrines on other subjects, I approve, most cheerfully approve this. Ir is the only public act of his life which meets mv approbation, and it gives nr.e pleasure to single this out. Yet, sir, after all, there was a strange air of mystery hang ing around this mission. There was something lurking beneath, which baffled common vision; ami there seemed some cloud hanging around the non-intetference of the Executive of New York. Why, sir, he should have indignantly sent the Attor ney General back again to those who sent him; he should have repelled any attempt at interference wi'h the rights of a sover eign Stayjs-rind that sovereign State in the discharge of its duties in the impartial ad ministration of justice. Sir, what other object could have been had in view than the influencing of the d-cisions of the courts of New York? 1 claim to be no profound lawyer, nor do I pretend to be deeply versed in the intrica cies of constitutional law; but 1 know enough of it, sir, to know that no where can ihe Searetary of Slate find a justifica tion in the Constitution for this interfer ence. Sir, where is his authority, under any circumstances, to remove this caeout of the jurisdiction of the courts of New York into the Snpreme Court of the United States? The authority cannot be foundi it will be looked for in vain. But, sir, in what attitude has the Secre tary of State placed us by his course? Mr. Fox demands the immediate release of McLeod and adds: "And her Majesiy's Government feritreat the President of ihe United Slates to laka into his most deliberate consideration Hit) serious consequences which most e ris lie from a rejection of this demand." Now, sir, hear the answer given, by the American Secretary to this insolent demand, couched in insolent terms, and accompanied with a studied and pompous threat: "The Government of the United Stated entertains no doubt, after this avowal of trio transaction as a public transaction, authori zed and undertaken by the British authori ties, that the individuals concerned in it ought not, by the principles of public law and ihe general usage of civilized Stales, to be holden responsible in the ordinary tribunals of law for their participation ill it." lias he not surrendered this point tame ly surrendered the right over McLeod at the bidding of British power? Has he not, passing by the insolent threat of the British minister, given up the rights of New York? In what a condition does this place us before the world? A sovereign Slate maintaining its right, and the Executive of the U. S., through Mr Webster, yielding -up every principle for which we arc con tending. Sir, this servile cringing to Brit ish power has brought shame and dishonor on our country. It is not the language of freemen it is not the language of conscious truth. S:r, I would never never make the concession, and least of all would I do it while a threat was hanging above my head. But sir, in what condition has it placed us before the world ? Has it not placed ihe United States in a position where she must be disregarded in the eyes of the civi lized world, or be driven to ihe necessity of declaring war against England ? In the aspect of affairs as they before stood, the first blow must hive been struck by the British power; and, sir, I tell you that England would have allowed fifty McLeod's to be executed before she would have declared war against the American Republic. She knows her own interests too well ; and, above all, she knows the bravery, the indomitable courage, the un bounded love of freedom which fills every American breast, to plunge in battle for an executed felon. Sir, her course of con quest is now among puny Chinamen, or poor and helpless Hindoos; wherever her power can strike terror, is felt her merci less course. But, sit, the time admonishes me lo hasten to a close. I ask for the op-' portunity to wipe out this foul stain upon our common country. Sir, throughout the length and breadih of this land, in every valley, and on every hill, wherever the banner of our Union waves, we shall hear a different language than that which has been spoken by our Secretary. 1 ask the representatives of this country I implore ihein to take measures to wipe out this foul blot. Let us not dwell a day under the imputation of crouching basely crouching and cringing at the feet of British power; and, least of all, let not our humiliation be the work of a kindred hand. And for my own Slate, sir for New York, and for her gallant sons, for the Em pire State, I say she never has, she nev er can, she never, will, submit to such doc trines as those which have emanated front' the Secretary of State, and have found sup porters on this floor. No, sir, no! lend as I began; she never can, and she never' will, yield her honor, compromise - her' dignity, or give up her rights. Sir, this is the language not only of New" York, but of the Union ihe langiuge of every freeman ; and if it were not so, I should cease to feel proud of my country. Before these doctrines can find a respon sive echo in the bosoms of the American people, her glory must have departed, her spirit num be broken and decayed, hef liopes prostrate and disappointed. I hat mighty bird must have ceased its night die stars of glory must be blotted from our banner, ere we tdiall submit lo such in dignity. From the Mecklenburg Jejfer soman-. A CARD. The National Intelligencer of the 2?th instant, received last night contained the following: "Appointment by the President, Jlvir get S. Gailher, "Superintendent of the Branch Mint at Charlotte." So mote it be ! This is the rjnly notice that 1 have neen of the fact, which is quite as important to me as to any wne else. I hold that office under a commission signed by Andrew Jackson, confirmed by and with the advice and consent of the Senate of the United States. 1 presume triat it j intended by the above notice thai l am to vacate my office. In it 1 have always endeavored to bo diligent and faithful, and am ready to surrender it at an hour's no tice. But to my friends, throughout the State, and I have acquaintances from the sand banks of the Edenton district where I waa born, to the green hills of Buncombe, th
The Lincoln Republican (Lincolnton, N.C.)
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Aug. 18, 1841, edition 1
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