CHAPTER LXXV.

REVOLT IN CANADA: BORDER SYMPATHY: FIRMNESS OF MR. VAN BUREN: PUBLIC

PEACE ENDANGERED--AND PRESERVED:--CASE OF MCLEOD.

The revolt which took place in Canada in the winter of 1837-'8 led

to consequences which tried the firmness of the administration, and

also tried the action of our duplicate form of government in its

relations with foreign powers. The revolt commenced imposingly,

with a large show of disjointed forces, gaining advantages at

the start; but was soon checked by the regular local troops. The

French population, being the majority of the people, were chiefly

its promoters, with some emigrants from the United States; and

when defeated they took refuge on an island in the Niagara River

on the British side, near the Canadian coast, and were collecting

men and supplies from the United States to renew the contest.

From the beginning an intense feeling in behalf of the insurgents

manifested itself all along the United States border, upon a line of

a thousand miles--from Vermont to Michigan. As soon as blood began

to flow on the Canadian side, this feeling broke out into acts on

the American side, and into organization for the assistance of the

revolting party--the patriots, as they were called. Men assembled

and enrolled, formed themselves into companies and battalions,

appointed officers--even generals--issued proclamations--forced the

public stores and supplied themselves with arms and ammunition: and

were certainly assembling in sufficient numbers to have enabled

the insurgents to make successful head against any British forces

then in the provinces. The whole border line was in a state of

excitement and commotion--many determined to cross over, and

assist--many more willing to see the assistance given: the smaller

part only discountenanced the proceeding and wished to preserve the

relations which the laws of the country, and the duties of good

neighborhood, required. To the Canadian authorities these movements

on the American side were the cause of the deepest solicitude; and

not without reason: for the numbers, the inflamed feeling, and

the determined temper of these auxiliaries, presented a force

impossible for the Canadian authorities to resist, if dashing upon

them, and difficult for their own government to restrain. From the

first demonstration, and without waiting for any request from the

British minister at Washington (Mr. FOX), the President took the

steps which showed his determination to have the laws of neutrality

respected. A proclamation was immediately issued, admonishing and

commanding all citizens to desist from such illegal proceedings,

and threatening the guilty with the utmost penalties of the law.

But the President knew full well that it was not a case in which

a proclamation, and a threat, were to have efficacy; and he took

care to add material means to his words. Instructions were issued

to all the federal law officers along the border, the marshals and

district attorneys, to be vigilant in making arrests: and many were

made, and prosecutions instituted. He called upon the governors of

the border States to aid in suppressing the illegal movement: which

they did. And to these he added all the military and naval resources

which could be collected. Major-general Scott was sent to the line,

with every disposable regular soldier, and with authority to call on

the governors of New York and Michigan for militia and volunteers:

several steamboats were chartered on Lake Erie, placed under the

command of naval officers, well manned with regular soldiers, and

ordered to watch the lake.

The fidelity, and even sternness with which all these lawless

expeditions from the United States, were repressed and rebuked by

President Van Buren, were shown by him in his last communication to

Congress on the subject; in which he said:

"Information has been given to me, derived from official

and other sources, that many citizens of the United States

have associated together to make hostile incursions from our

territory into Canada, and to aid and abet insurrection there,

in violation of the obligations and laws of the United States,

and in open disregard of their own duties as citizens.

"The results of these criminal assaults upon the peace and order

of a neighboring country have been, as was to be expected,

fatally destructive to the misguided or deluded persons engaged

in them, and highly injurious to those in whose behalf they are

professed to have been undertaken. The authorities in Canada,

from intelligence received of such intended movements among our

citizens, have felt themselves obliged to take precautionary

measures against them; have actually embodied the militia,

and assumed an attitude to repel the invasion to which they

believed the colonies were exposed from the United States. A

state of feeling on both sides of the frontier has thus been

produced, which called for prompt and vigorous interference. If

an insurrection existed in Canada, the amicable dispositions of

the United States towards Great Britain, as well as their duty

to themselves, would lead them to maintain a strict neutrality,

and to restrain their citizens from all violations of the laws

which have been passed for its enforcement. But this government

recognizes a still higher obligation to repress all attempts

on the part of its citizens to disturb the peace of a country

where order prevails, or has been re-established. Depredations

by our citizens upon nations at peace with the United States,

or combinations for committing them, have at all times been

regarded by the American government and people with the greatest

abhorrence. Military incursions by our citizens into countries

so situated, and the commission of acts of violence on the

members thereof, in order to effect a change in its government,

or under any pretext whatever, have, from the commencement of

our government, been held equally criminal on the part of those

engaged in them, and as much deserving of punishment as would

be the disturbance of the public peace by the perpetration of

similar acts within our own territory."

By these energetic means, invasions from the American side were

prevented; and in a contest with the British regulars and the

local troops, the disjointed insurgents, though numerous, were

overpowered--dispersed--subjected--or driven out of Canada. Mr.

Van Buren had discharged the duties of neutrality most faithfully,

not merely in obedience to treaties and the law of nations, but

from a high conviction of what was right and proper in itself,

and necessary to the well-being of his own country as well as

that of a neighboring power. Interruption of friendly intercourse

with Great Britain, would be an evil itself, even if limited to

such interruption: but the peace of the United States might be

endangered: and it was not to be tolerated that bands of disorderly

citizens should bring on war. He had done all that the laws, and all

that a sense of right and justice required--and successfully, to

the repression of hostile movements--and to the satisfaction of the

British authorities. Faithfully and ably seconded by his Secretary

of State (Mr. Forsyth), and by his Attorney-general (Mr. Gilpin), he

succeeded in preserving our neutral relations in the most trying

circumstances to which they had ever been exposed, and at large cost

of personal popularity to himself: for the sympathy of the border

States resented his so earnest interference to prevent aid to the

insurgents.

The whole affair was over, and happily, when a most unexpected

occurrence revived the difficulty--gave it a new turn--and made

the soil of the United States itself, the scene of invasion--of

bloodshed--of conflagration--and of abduction. Some remnant of the

dispersed insurgents had taken refuge on Navy Island, near the

Canadian shore; and reinforced by some Americans, were making a

stand there, and threatening a descent upon the British colonies.

Their whole number has been ascertained to have been no more than

some five hundred--but magnified by rumor at the time to as many

thousands. A small steamboat from the American side, owned by a

citizen of the United States, was in the habit of carrying men and

supplies to this assemblage on the island. Her practices became

known to the British military authorities, encamped with some

thousand men at Chippewa, opposite the island; and it was determined

to take her in the fact, and destroy her. It was then the last of

December. A night expedition of boats was fitted out to attack this

vessel, moored to the island; but not finding her there, the vessel

was sought for in her own waters--found moored to the American

shore; and there attacked and destroyed. The news of this outrage

was immediately communicated to the President, and by him made known

to Congress in a special message--accompanied by the evidence on

which the information rested, and by a statement of the steps which

the President had taken in consequence. The principal evidence was

from the master of the boat--her name, the Caroline--and Schlosser,

on the American shore, her home and harbor. After admitting that

the boat had been employed in carrying men and supplies to the

assemblage on Navy Island, his affidavit continues:

"That from this point the Caroline ran to Schlosser, arriving

there at three o'clock in the afternoon; that, between this time

and dark, the Caroline made two trips to Navy Island, landing as

before. That, at about six o'clock in the evening, this deponent

caused the said Caroline to be landed at Schlosser, and made

fast with chains to the dock at that place. That the crew and

officers of the Caroline numbered ten, and that, in the course

of the evening, twenty-three individuals, all of whom were

citizens of the United States, came on board of the Caroline,

and requested this deponent and other officers of the boat to

permit them to remain on board during the night, as they were

unable to get lodgings at the tavern near by; these requests

were acceded to, and the persons thus coming on board retired to

rest, as did also all of the crew and officers of the Caroline,

except such as were stationed to watch during the night. That,

about midnight, this deponent was informed by one of the watch,

that several boats filled with men, were making towards the

Caroline from the river, and this deponent immediately gave the

alarm; and before he was able to reach the deck, the Caroline

was boarded by some 70 or 80 men, all of whom were armed. That

they immediately commenced a warfare with muskets, swords,

and cutlasses, upon the defenceless crew and passengers of

the Caroline, under a fierce cry of G--d damn them, give them

no quarter; kill every man: fire! fire! That the Caroline was

abandoned without resistance, and the only effort made by

either the crew or passengers seemed to be to escape slaughter.

That this deponent narrowly escaped; having received several

wounds, none of which, however, are of a serious character. That

immediately after the Caroline fell into the hands of the armed

force who boarded her, she was set on fire, cut loose from the

dock, was towed into the current of the river, there abandoned,

and soon after descended the Niagara Falls: that this deponent

has made vigilant search after the individuals, thirty-three

in number, who are known to have been on the Caroline at the

time she was boarded, and twenty-one only are to be found, one

of whom, to wit, Amos Durfee, of Buffalo, was found dead upon

the dock, having received a shot from a musket, the ball of

which penetrated the back part of the head, and came out at

the forehead. James II. King, and Captain C. F. Harding, were

seriously, though not mortally wounded. Several others received

slight wounds. The twelve individuals who are missing, this

deponent has no doubt, were either murdered upon the steamboat,

or found a watery grave in the cataract of the falls. And this

deponent further says, that immediately after the Caroline was

got into the current of the stream and abandoned, as before

stated, beacon lights were discovered upon the Canada shore,

near Chippewa; and after sufficient time had elapsed to enable

the boats to reach that shore, this deponent distinctly heard

loud and vociferous cheering at that point. That this deponent

has no doubt that the individuals who boarded the Caroline, were

a part of the British forces now stationed at Chippewa."

Ample corroborative testimony confirmed this affidavit--for which,

in fact, there was no necessity, as the officer in command of the

boats made his official report to his superior (Col. McNab), to the

same effect--who published it in general orders; and celebrated the

event as an exploit. This report varied but little from the American

in any respect, and made it worse in others. After stating that he

did not find the Caroline at Navy Island, "as expected," he went

in search of her, and found her at Grand Island, and moored to the

shore. The report proceeds:

"I then assembled the boats off the point of the Island, and

dropped quietly down upon the steamer; we were not discovered

until within twenty yards of her, when the sentry upon the

gangway hailed us, and asked for the countersign, which I told

him we would give when we got on board; he then fired upon us,

when we immediately boarded and found from twenty to thirty men

upon her decks, who were easily overcome, and in two minutes she

was in our possession. As the current was running strong, and

our position close to the Falls of Niagara, I deemed it most

prudent to burn the vessel; but previously to setting her on

fire, we took the precaution to loose her from her moorings, and

turn her out into the stream, to prevent the possibility of the

destruction of anything like American property. In short, all

those on board the steamer who did not resist, were quietly put

on shore, as I thought it possible there might be some American

citizens on board. Those who assailed us, were of course dealt

with according to the usages of war.

"I beg to add, that we brought one prisoner away, a British

subject, in consequence of his acknowledging that he had

belonged to Duncombe's army, and was on board the steamer to

join Mackenzie upon Navy Island. Lieutenant McCormack, of the

Royal Navy, and two others were wounded, and I regret to add

that five or six of the enemy were killed."

This is the official report of Captain Drew, and it adds the crimes

of impressment and abduction to all the other enormities of that

midnight crime. The man carried away as a British subject, and

because he had belonged to the insurgent forces in Canada, could not

(even if these allegations had been proved upon him), been delivered

up under any demand upon our government: yet he was carried off by

violence in the night.

This outrage on the Caroline, reversed the condition of the parties,

and changed the tenor of their communications. It now became the

part of the United States to complain, and to demand redress; and

it was immediately done in a communication from Mr. Forsyth, the

Secretary of State, to Mr. Fox, the British minister, at Washington.

Under date of January 5th, 1838, the Secretary wrote to him:

"The destruction of the property, and assassination of citizens

of the United States on the soil of New York, at the moment

when, as is well known to you, the President was anxiously

endeavoring to allay the excitement, and earnestly seeking to

prevent any unfortunate occurrence on the frontier of Canada,

has produced upon his mind the most painful emotions of surprise

and regret. It will necessarily form the subject of a demand

for redress upon her majesty's government. This communication

is made to you under the expectation that, through your

instrumentality, an early explanation may be obtained from the

authorities of Upper Canada, of all the circumstances of the

transaction; and that, by your advice to those authorities,

such decisive precautions may be used as will render the

perpetration of similar acts hereafter impossible. Not doubting

the disposition of the government of Upper Canada to do its duty

in punishing the aggressors and preventing future outrage, the

President, notwithstanding, has deemed it necessary to order a

sufficient force on the frontier to repel any attempt of a like

character, and to make known to you that if it should occur, he

cannot be answerable for the effects of the indignation of the

neighboring people of the United States."

In communicating this event to Congress, Mr. Van Buren showed that

he had already taken the steps which the peace and honor of the

country required. The news of the outrage, spreading through the

border States, inflamed the repressed feeling of the people to

the highest degree, and formidable retaliatory expeditions were

immediately contemplated. The President called all the resources of

the frontier into instant requisition to repress these expeditions,

and at the same time took measures to obtain redress from the

British government. His message to the two Houses said:

"I regret, however, to inform you that an outrage of a most

aggravated character has been committed, accompanied by a

hostile, though temporary invasion of our territory, producing

the strongest feelings of resentment on the part of our citizens

in the neighborhood, and on the whole border line; and that the

excitement previously existing, has been alarmingly increased.

To guard against the possible recurrence of any similar act,

I have thought it indispensable to call out a portion of the

militia to be posted on that frontier. The documents herewith

presented to Congress show the character of the outrage

committed, the measures taken in consequence of its occurrence,

and the necessity for resorting to them. It will also be seen

that the subject was immediately brought to the notice of the

British minister accredited to this country, and the proper

steps taken on our part to obtain the fullest information of all

the circumstances leading to and attendant upon the transaction,

preparatory to a demand for reparation."

The feeling in Congress was hardly less strong than in the border

States, on account of this outrage, combining all the crimes of

assassination, arson, burglary, and invasion of national territory.

An act of Congress was immediately passed, placing large military

means, and an appropriation of money in the President's hands,

for the protection of our frontier. His demand for redress was

unanimously seconded by Congress; and what had been so earnestly

deprecated from the beginning, as a consequence of this border

trouble--a difficulty between the two nations--had now come to

pass; but entirely from the opposite side from which it had been

expected. The British government delayed the answer to the demand

for redress--avoided the assumption of the criminal act--excused

and justified it--but did not assume it: and in fact could not,

without contradicting the official reports of her own officers, all

negativing the idea of any intention to violate the territory of

the United States. The orders to the officer commanding the boats,

was to seek the Caroline at Navy Island, where she had been during

the day, and was expected to be at night. In pursuance of this

order, the fleet of boats went to the island, near midnight; and not

finding the offending vessel there, sought her elsewhere. This is

the official report of Capt. Drew, of the Royal Navy, commanding the

boats: "I immediately directed five boats to be armed, and manned

with forty-five volunteers; and, at about eleven o'clock, P. M.,

we pushed off from the shore for Navy Island, when not finding her

there, as expected, we went in search, and found her moored between

the island and the main shore." The island here spoken of as the

one between which and the main shore, the Caroline was found, was

the American island, called Grand Island, any descent upon which,

Colonel McNab had that day officially disclaimed, because it was

American territory. The United States Attorney for the District of

New York, (Mr. Rodgers), then on the border to enforce the laws

against the violators of our neutrality, hearing that there was a

design to make a descent upon Grand Island, addressed a note to Col.

McNab, commanding on the opposite side of the river, to learn its

truth; and received this answer:

"With respect to the report in the city of Buffalo, that certain

forces under my command had landed upon Grand Island--an island

within the territory of the United States--I can assure you

that it is entirely without foundation; and that so far from my

having any intention of the kind, such a proceeding would be in

direct opposition to the wishes and intentions of her Britannic

majesty's government, in this colony, whose servant I have the

honor to be. Entering at once into the feeling which induced

you to address me on this subject, I beg leave to call your

attention to the following facts: That so far from occupying or

intending to occupy, that or any other portion of the American

territory, aggressions of a serious and hostile nature have been

made upon the forces under my command from that island. Two

affidavits are now before me, stating that a volley of musketry

from Grand Island was yesterday fired upon a party of unarmed

persons, some of whom were females, without the slightest

provocation having been offered. That on the same day, one of my

boats, unarmed, manned by British subjects, passing along the

American shore, and without any cause being given, was fired

upon from the American side, near Fort Schlosser, by cannon, the

property, I am told, of the United States."

This was written on the 29th day of December, and it was eleven

o'clock of the night of that day that the Caroline was destroyed

on the American shore. It was Col. McNab, commanding the forces at

Chippewa, that gave the order to destroy the Caroline. The letter

and the order were both written the same day--probably within the

same hour, as both were written in the afternoon: and they were

coincident in import as well as in date. The order was to seek

the offending vessel at Navy Island, being British territory, and

where she was seen at dark: the letter disclaimed both the fact,

and the intent, of invading Grand Island, because it was American

territory: and besides the disclaimer for himself, Col. McNab

superadded another equally positive in behalf of her Majesty's

government in Canada, declaring that such a proceeding would be

in direct opposition to the wishes and intentions of the colonial

government. In the face of these facts the British government found

it difficult, and for a long time impossible, to assume this act of

destroying the Caroline as a government proceeding. It was never

so assumed during the administration of Mr. Van Buren--a period of

upwards of three years--to be precise--(and this is a case which

requires precision)--three years and two months and seven days: that

is to say, from the 29th of December, 1837, to March 3d, 1841.

When this letter of Col. McNab was read in the House of

Representatives (which it was within a few days after it was

written), Mr. Fillmore (afterwards President of the United States,

and then a representative from the State of New York, and, from that

part of the State which included the most disturbed portion of the

border), stood up in his place, and said:

"The letter just read by the clerk, at his colleague's request,

was written in reply to one from the district attorney as to the

reported intention of the British to invade Grand Island; and in

it is the declaration that there was no such intention. Now, Mr.

F. would call the attention of the House to the fact that that

letter was written on the 29th December, and that it was on the

very night succeeding the date of it that this gross outrage was

committed on the Caroline. Moreover, he would call the attention

of the House to the well-authenticated fact, that, after burning

the boat, and sending it over the falls, the assassins were

lighted back to McNab's camp, where he was in person, by beacons

lighted there for that purpose. Mr. F. certainly deprecated a

war with Great Britain as sincerely as any gentleman on that

floor could possibly do: and hoped, as earnestly, that these

difficulties would be amicably adjusted between the two nations.

Yet, he must say, that the letter of McNab, instead of affording

grounds for a palliation, was, in reality, a great aggravation

of the outrage. It held out to us the assurance that there was

nothing of the kind to be apprehended; and yet, a few hours

afterwards, this atrocity was perpetrated by an officer sent

directly from the camp of that McNab."

At the time that this was spoken the order of Col. McNab to Captain

Drew had not been seen, and consequently it was not known that the

letter and the order were coincident in their character, and that

the perfidy, implied in Mr. Fillmore's remarks, was not justly

attributable to Col. McNab: but it is certain he applauded the act

when done: and his letter will stand for a condemnation of it, and

for the disavowal of authority to do it.

The invasion of New York was the invasion of the United States, and

the President had immediately demanded redress, both for the public

outrage, and for the loss of property to the owners of the boat.

Mr. Van Buren's entire administration went off without obtaining an

answer to these demands. As late as January, 1839--a year after the

event--Mr. Stevenson, the United States minister in London, wrote:

"I regret to say that no answer has yet been given to my note in

the case of the Caroline." And towards the end of the same year,

Mr. Forsyth, the American Secretary of State, in writing to him,

expressed the belief that an answer would soon be given. He says:

"I have had frequent conversations with Mr. Fox in regard to this

subject--one of very recent date--and from its tone, the President

expects the British government will answer your application in the

case without much further delay."--Delay, however, continued; and,

as late as December, 1840, no answer having yet been received, the

President directed the subject again to be brought to the notice of

the British government; and Mr. Forsyth accordingly wrote to Mr. Fox:

"The President deems this to be a proper occasion to remind

the government of her Britannic majesty that the case of the

"Caroline" has been long since brought to the attention of her

Majesty's principal Secretary of State for foreign affairs, who,

up to this day, has not communicated its decision thereupon. It

is hoped that the government of her Majesty will perceive the

importance of no longer leaving the government of the United

States uninformed of its views and intentions upon a subject

which has naturally produced much exasperation, and which has

led to such grave consequences. I avail myself of this occasion

to renew to you the assurance of my distinguished consideration."

This was near the close of Mr. Van Buren's administration, and up

to that time it must be noted, _first_, that the British government

had not assumed the act of Captain Drew in destroying the Caroline;

_secondly_, that it had not answered (had not refused redress) for

that act. Another circumstance showed that the government, in its

own conduct in relation to those engaged in that affair, had not

even indirectly assumed it by rewarding those who did it. Three

years after the event, in the House of Commons, Lord John Russell,

the premier, was asked in his place, whether it was the intention

of ministers to recommend to her Majesty to bestow any reward upon

Captain Drew, and others engaged in the affair of the Caroline; to

which he replied negatively, and on account of the delicate nature

of the subject. His answer was: "No reward had been resolved upon,

and as the question involved a subject of a very delicate nature, he

must decline to answer it further." Col. McNab had been knighted;

not for the destruction of the Caroline on United States territory

(which his order did not justify, and his letter condemned), but for

his services in putting down the revolt.

Thus the affair stood till near the close of Mr. Van Buren's

administration, when an event took place which gave it a new turn,

and brought on a most serious question between the United States

and Great Britain, and changed the relative positions of the two

countries--the United States to become the injured party, claiming

redress. The circumstances were these: one Alexander McLeod,

inhabitant of the opposite border shore, and a British subject,

had been in the habit of boasting that he had been one of the

destroyers of the Caroline, and that he had himself killed one of

the "damned Yankees." There were enough to repeat these boastings

on the American side of the line; and as early as the spring of

1838 the Grand Jury for the county in which the outrage had been

committed, found a bill of indictment against him for murder and

arson. He was then in Canada, and would never have been troubled

upon the indictment if he had remained there; but, with a boldness

of conduct which bespoke clear innocence, or insolent defiance, he

returned to the seat of the outrage--to the county in which the

indictment lay--and publicly exhibited himself in the county town.

This was three years after the event; but the memory of the scene

was fresh, and indignation boiled at his appearance. He was quickly

arrested on the indictment, also sued for damages by the owner of

the destroyed boat, and committed to jail--to take his trial in the

State court of the county of Niagara. This arrest and imprisonment

of McLeod immediately drew an application for his release in a note

from Mr. Fox to the American Secretary of State. Under date of the

13th December, 1840, he wrote:

"I feel it my duty to call upon the government of the United

States to take prompt and effectual steps for the liberation

of Mr. McLeod. It is well known that the destruction of

the steamboat 'Caroline' was a public act of persons in

her Majesty's service, obeying the order of their superior

authorities.--That act, therefore, according to the usages of

nations, can only be the subject of discussion between the two

national governments; it cannot justly be made the ground of

legal proceedings in the United States against the individuals

concerned, who were bound to obey the authorities appointed

by their own government. I may add that I believe it is quite

notorious that Mr. McLeod was not one of the party engaged

in the destruction of the steamboat 'Caroline,' and that the

pretended charge upon which he has been imprisoned rests

only upon the perjured testimony of certain Canadian outlaws

and their abettors, who, unfortunately for the peace of that

neighborhood, are still permitted by the authorities of the

State of New York to infest the Canadian frontier. The question,

however, of whether Mr. McLeod was or was not concerned in the

destruction of the 'Caroline,' is beside the purpose of the

present communication. That act was the public act of persons

obeying the constituted authorities of her Majesty's province.

The national government of the United States thought themselves

called upon to remonstrate against it; and a remonstrance

which the President did accordingly address to her Majesty's

government is still, I believe, a pending subject of diplomatic

discussion between her Majesty's government and the United

States legation in London. I feel, therefore, justified in

expecting that the President's government will see the justice

and the necessity of causing the present immediate release of

Mr. McLeod, as well as of taking such steps as may be requisite

for preventing others of her Majesty's subjects from being

persecuted, or molested in the United States in a similar manner

for the future."

This note of Mr. Fox is fair and unexceptionable--free from

menace--and notable in showing that the demand for redress for

the affair of the Caroline was still under diplomatic discussion

in London, and that the British government had not then assumed

the act of Captain Drew. The answer of Mr. Forsyth was prompt and

clear--covering the questions arising out of our duplicate form of

government, and the law of nations--and explicit upon the rights of

the States, the duties of the federal government, and the principles

of national law. It is one of the few answers of the kind which

circumstances have arisen to draw from our government, and deserves

to be well considered for its luminous and correct expositions of

the important questions of which it treats. Under date of the 28th

of December, and writing under the instructions of the President, he

says:

"The jurisdiction of the several States which constitute the

Union is, within its appropriate sphere, perfectly independent

of the federal government. The offence with which Mr. McLeod is

charged was committed within the territory, and against the laws

and citizens of the State of New York, and is one that comes

clearly within the competency of her tribunals. It does not,

therefore, present an occasion where, under the constitution

and laws of the Union, the interposition called for would be

proper, or for which a warrant can be found in the powers

with which the federal executive is invested. Nor would the

circumstances to which you have referred, or the reasons you

have urged, justify the exertion of such a power, if it existed.

The transaction out of which the question arises, presents the

case of a most unjustifiable invasion, in time of peace, of a

portion of the territory of the United States, by a band of

armed men from the adjacent territory of Canada, the forcible

capture by them within our own waters, and the subsequent

destruction of a steamboat, the property of a citizen of the

United States, and the murder of one or more American citizens.

If arrested at the time, the offenders might unquestionably

have been brought to justice by the judicial authorities of the

State within whose acknowledged territory these crimes were

committed; and their subsequent voluntary entrance within that

territory, places them in the same situation. The President is

not aware of any principle of international law, or, indeed, of

reason or justice, which entitles such offenders to impunity

before the legal tribunals, when coming voluntarily within

their independent and undoubted jurisdiction, because they

acted in obedience to their superior authorities, or because

their acts have become the subject of diplomatic discussion

between the two governments. These methods of redress, the legal

prosecution of the offenders, and the application of their

government for satisfaction, are independent of each other, and

may be separately and simultaneously pursued. The avowal or

justification of the outrages by the British authorities might

be a ground of complaint with the government of the United

States, distinct from the violation of the territory and laws

of the State of New York. The application of the government

of the Union to that of Great Britain, for the redress of an

authorized outrage of the peace, dignity, and rights of the

United States, cannot deprive the State of New York of her

undoubted right of vindicating, through the exercise of her

judicial power, the property and lives of her citizens. You have

very properly regarded the alleged absence of Mr. McLeod from

the scene of the offence at the time when it was committed,

as not material to the decision of the present question. That

is a matter to be decided by legal evidence; and the sincere

desire of the President is, that it may be satisfactorily

established. If the destruction of the Caroline was a public act

of persons in her Majesty's service, obeying the order of their

superior authorities, this fact has not been communicated to

the government of the United States by a person authorized to

make the admission; and it will be for the court which has taken

cognizance of the offence with which Mr. McLeod is charged, to

decide upon its validity when legally established before it."

This answer to Mr. Fox, was read in the two Houses of Congress, on

the 5th of January, and was heard with great approbation--apparently

unanimous in the Senate. It went to London, and on the 8th and

9th of February, gave rise to some questions and answers, which

showed that the British government did not take its stand in

approving the burning of the Caroline, until after the presidential

election of 1840--until after that election had ensured a change

of administration in the United States. On the 8th of February, to

inquiries as to what steps had been taken to secure the liberation

of McLeod, the answers were general from Lord Palmerston and Lord

Melbourne, "_That her Majesty's ministers would take those measures

which, in their estimation, would be best calculated to secure the

safety of her Majesty's subjects, and to vindicate the honor of the

British nation_." This answer was a key to the instructions actually

given to Mr. Fox, showing that they were framed upon a calculation

of what would be most effective, and not upon a conviction of

what was right. They would do what they thought would accomplish

the purpose; and the event showed that the calculation led them

to exhibit the war attitude--to assume the offence of McLeod, and

to bully the new administration. And here it is to be well noted

that the British ministry, up to that time, had done nothing to

recognize the act of Captain Drew. Neither to the American minister

in London, nor to the Secretary of State here, had they assumed it.

More than that: they carefully abstained from indirect, or implied

assumption, by withholding pensions to their wounded officers in

that affair--one of whom had five severe wounds. This fact was

brought out at this time by a question from Mr. Hume in the House

of Commons to Lord John Russell, in which--

"He wished to ask the noble lord a question relating to a matter

of fact. He believed that, in the expedition which had been

formed for the destruction of the Caroline, certain officers,

who held commissions in her Majesty's army and navy, were

concerned in that affair, and that some of these officers had,

in the execution of the orders which were issued, received

wounds. The question he wished to ask was, whether or not her

Majesty's government had thought proper to award pensions to

those officers, corresponding in amount with those which were

usually granted for wounds received in the regular service of

her Majesty."

This was a pointed question, and carrying an argument along with it.

Had the wounded officers received the usual pension? If not, there

must be a reason for departing from the usual practice; and the

answer showed that the practice had been departed from. Lord John

Russell replied:

"_That he was not aware of any pensions having been granted to

those officers who were wounded in the expedition against the

Caroline._"

This was sufficiently explicit, and showed that up to the 8th

day of February, 1841, the act of Captain Drew had not been even

indirectly, or impliedly recognized. But the matter did not stop

there. Mr. Hume, a thoroughly business member, not satisfied with an

answer which merely implied that the government had not sanctioned

the measure, followed it up with a recapitulation of circumstances

to show that the government had not answered, one way or the other,

during the three years that the United States had been calling for

redress; and ending with a plain interrogatory for information on

that point.

"He said that the noble lord (Palmerston), had just made a

speech in answer to certain questions which had been put to him

by the noble lord, the member for North Lancashire; but he (Mr.

Hume) wished to ask the House to suspend their opinion upon

the subject until they had the whole of the papers laid before

the House. He had himself papers in his possession, that would

explain many things connected with this question, and which,

by-the-bye, were not exactly consistent with the statement which

had just been made. It appeared by the papers which he had in

his possession, that in January, 1838, a motion was made in the

U. S. House of Representatives, calling upon the President to

place upon the table of the House, all the papers respecting

the Caroline, and all the correspondence which had passed

between the government of the United States and the British

government on the subject of the destruction of the Caroline. In

consequence of that motion, certain papers were laid upon the

table, including one from Mr. Stevenson, the present minister

here from the U. States. These were accompanied by a long

letter, dated the 15th of May, 1838, from that gentleman, and

in that letter, the burning of the Caroline was characterized

in very strong language. He also stated, that agreeably to

the orders of the President, he had laid before the British

government the whole of the evidence relating to the subject,

which had been taken upon the spot, and Mr. Stevenson _denied he

had ever been informed that the expedition against the Caroline

was authorized or sanctioned by the British government_. Now,

from May, 1838, the time when the letter had been written, up

to this hour, no answer had been given to that letter, nor had

any satisfaction been given by the British government upon this

subject. In a letter dated from London, the 2d of July, Mr.

Stevenson stated that he had not received any answer upon the

subject, and that he did not wish to press the subject further;

but if the government of the United States wished him to do so,

he prayed to be informed of it. By the statement which had taken

place in the House of Congress, it appeared that the government

of the United States had been ignorant of any information

that could lead them to suppose that the enterprise against

the Caroline had been undertaken by the orders of the British

government, or by British authority. That he believed was the

ground upon which Mr. Forsyth acted as he had done. He takes his

objections, and denies the allegation of Mr. Fox, that neither

had he nor her Majesty's government made any communication to

him or the authorities of the United States, that the British

government had _authorized the destruction of the Caroline_.

He (Mr. Hume) therefore hoped that no discussion would take

place, until all the papers connected with the matter were

laid before the House. He wished to know what the nature of

those communications was with Mr. Stevenson and her Majesty's

government which had induced him to act as he had done."

Thus the ministry were told to their faces, and in the face of the

whole Parliament, that for the space of three years, and under

repeated calls, they had never assumed the destruction of the

Caroline: and to that assertion the ministry _then_ made no answer.

On the following day the subject was again taken up, "_and in the

course of it Lord Palmerston admitted that the government approved

of the burning of the Caroline_." So says the Parliamentary

Register of Debates, and adds: "_The conversation was getting rather

warm, when Sir Robert Peel interposed by a motion on the affairs of

Persia._" This was the first knowledge that the British parliament

had of the assumption of that act, which undoubtedly had just been

resolved upon. It is clear that Lord Palmerston was the presiding

spirit of this resolve. He is a bold man, and a man of judgment in

his boldness. He probably never would have made such an assumption

in dealing with General Jackson: he certainly made no such

assumption during the three years he had to deal with the Van Buren

administration. The conversation was "getting warm;" and well it

might: for this pregnant assumption, so long delayed, and so given,

was entirely gratuitous, and unwarranted by the facts. Col. McNab

was the commanding officer, and gave all the orders that were given.

Captain Drew's report to him shows that his orders were to destroy

the vessel at Navy Island: McNab's letter of the same day to the

United States District Attorney (Rodgers), shows that he would not

authorize an expedition upon United States territory; and his sworn

testimony on the trial of McLeod shows that he did not do it in his

orders to Captain Drew. That testimony says:

"I do remember the last time the steamboat Caroline came down

previous to her destruction; from the information I received, I

had every reason to believe that she came down for the express

purpose of assisting the rebels and brigands on Navy Island with

arms, men, ammunition, provisions, stores, &c.; to ascertain

this fact, I sent two officers with instructions to watch the

movements of the boat, to note the same, and report to me; they

reported they saw her land a cannon (a six or nine-pounder),

several men armed and equipped as soldiers, and that she had

dropped her anchor on the east side of Navy Island; on the

information I had previously received from highly respectable

persons in Buffalo, together with the report of these gentlemen,

I determined to destroy her that night. I intrusted the command

of the expedition for the purposes aforesaid, to Capt. A. Drew,

royal navy; seven boats were equipped, and left the Canadian

shore; I do not recollect the number of men in each boat;

Captain Drew held the rank of commander in her Majesty's royal

navy; I ordered the expedition, and first communicated it to

Capt. Andrew Drew, on the beach, where the men embarked a short

time previous to their embarkation; Captain Drew was ordered

to take and destroy the Caroline wherever he could find her;

I gave the order as officer in command of the forces assembled

for the purposes aforesaid; they embarked at the mouth of the

Chippewa river; in my orders to Captain Drew nothing was said

about invading the territory of the United States, but such was

their nature that Captain Drew might feel himself justified in

destroying the boat wherever he might find her."

From this testimony it is clear that McNab gave no order to invade

the territory of the United States; and the whole tenor of his

testimony agrees with Captain Drew's report, that it was "expected"

to have found the Caroline at Navy Island, where she was in fact

immediately before, and where McNab saw her while planning the

expedition. No such order was then given by him--nor by any other

authority; for the local government in Quebec knew no more of it

than the British ministry in London. Besides, Col. McNab was only

the military commander to suppress the insurrection. He had no

authority, for he disclaimed it, to invade an American possession;

and if the British government had given such authority, which they

had not, it would have been an outrage to the United States, not to

be overlooked. They then assumed an act which they had not done;

and assumed it! and took a war attitude! and all upon a calculation

that it was the most effectual way to get McLeod released. It was

in the evening of the 4th day of March that all Washington city

was roused by the rumor of this assumption and demand: and on the

12th day of that month they were all formally communicated to our

government. It was to the new administration that this formidable

communication was addressed--and addressed at the earliest moment

that decency would permit. The effect was to the full extent all

that could have been calculated upon; and wholly reversed the stand

taken under Mr. Van Buren's administration. The burning of the

Caroline was admitted to be an act of war, for which the sovereign,

and not the perpetrators, was liable: the invasion of the American

soil was also an act of war: the surrender of McLeod could not be

effected by an _order_ of the federal government, because he was

in the hands of a State court, charged with crimes against the

laws of that State: but the United States became his defender and

protector, with a determination to save him harmless: and all this

was immediately communicated to Mr. Fox in unofficial interviews,

before the formal communication could be drawn up and delivered.

Lord Palmerston's policy was triumphant; and it is necessary to

show it in order to show in what manner the Caroline affair was

brought to a conclusion; and in its train that of the northeastern

boundary, so long disputed; and that of the north-western boundary,

never before disputed; and that of the liberated slaves on their

way from one United States port to another: and all other questions

besides which England wished settled. For, emboldened by the success

of the Palmerstonian policy in the case of the Caroline, it was

incontinently applied in all other cases of dispute between the

countries--and with the same success. But of this hereafter. The

point at present is, to show, as has been shown, that the assumption

of this outrage was not made until three years after the event, and

then upon a calculation of its efficiency, and contrary to the facts

of the case; and when made, accompanied by large naval and military

demonstrations--troops sent to Canada--ships to Halifax--newspapers

to ourselves, the _Times_ especially--all odorous of gunpowder and

clamorous for war.

This is dry detail, but essential to the scope of this work, more

occupied with telling how things were done than what was done:

and in pursuing this view it is amazing to see by what arts and

contrivances--by what trifles and accidents--the great affairs

of nations, as well as the small ones of individuals, are often

decided. The finale in this case was truly ridiculous: for, after

all this disturbance and commotion--two great nations standing to

their arms, exhausting diplomacy, and inflaming the people to the

war point--after the formal assumption of McLeod's offence, and war

threatened for his release, it turned out that he was not there! and

was acquitted by an American jury on ample evidence. He had slept

that night in Chippewa, and only heard of the act the next morning

at the breakfast table--when he wished he had been there. Which

wish afterwards ripened into an assertion that he was there! and,

further, had himself killed one of the damned Yankees--by no means

the first instance of a man boasting of performing exploits in a

fight which he did not see. But what a lesson it teaches to nations!

Two great countries brought to angry feelings, to criminative

diplomacy, to armed preparation, to war threats--their governments

and people in commotion--their authorities all in council, and

taxing their skill and courage to the uttermost: and all to settle

a national quarrel as despicable in its origin as the causes of

tavern brawls; and exceedingly similar to the origin of such brawls.

McLeod's false and idle boast was the cause of all this serious

difficulty between two great Powers.

Mr. Fox had delivered his formal demand and threat on the 12th day

of March: the administration immediately undertook McLeod's release.

The assumption of his imputed act had occasioned some warm words in

the British House of Commons, where it was known to be gratuitous:

its communication created no warmth in our cabinet, but a cold chill

rather, where every spring was immediately put in action to release

McLeod. Being in the hands of a State court, no order could be

given for his liberation; but all the authorities in New York were

immediately applied to--governor, legislature, supreme court, local

court--all in vain: and then the United States assumed his defence,

and sent the Attorney-General, Mr. Crittenden, to manage his

defence, and General Scott, of the United States army, to protect

him from popular violence; and hastened to lay all their steps

before the British minister as fast as they were taken.

The acquittal of McLeod was honorable to the jury that gave it; and

his trial was honorable to the judge, who, while asserting the right

to try the man, yet took care that the trial should be fair. The

judges of the Supreme Court (Bronson, Nelson, and Cowan) refused the

_habeas corpus_ which would take him out of the State: the Circuit

judge gave him a fair trial. It was satisfactory to the British; and

put an end to their complaint against us: unhappily it seemed to put

an end to our complaint against them. All was postponed for a future

general treaty--the invasion of territory, the killing of citizens,

the arson of the boat, the impressment and abduction of a supposed

British subject--all, all were postponed to the day of general

settlement: and when that day came all were given up.

The conduct of the administration in the settlement of the affair

became a subject of discussion in both Houses of Congress, and was

severely censured by the democracy, and zealously defended by the

whigs. Mr. Charles Jared Ingersoll, after a full statement of the

extraordinary and successful efforts of the administration of Mr.

Van Buren to prevent any aid to the insurgents from the American

side, proceeded to say:

"Notwithstanding, however, every exertion that could be and was

made, it was impossible altogether to prevent some outbreaks,

and among the rest a parcel of some seventy or eighty Canadians,

as I have understood, with a very few Americans, took possession

of a place near the Canadian shore, called Navy Island, and

fortified themselves in defiance of British power. If I have not

been misinformed there were not more than eight or ten Americans

among them. An American steamboat supplied them with a cannon

and perhaps other munitions of war: for I have no disposition to

diminish whatever was the full extent of American illegality,

but, in this statement of the premises, desire to present the

argument with the most unreserved concessions. I am discussing

nothing as the member of a party. I consider the Secretary of

State as the representative of his government and country. I

desire to be understood as not intending to say one word against

that gentleman as an individual; as meaning to avoid every thing

like personality, and addressing myself to the position he has

assumed for the country, without reference to whether he is

connected with one administration or another; viewing this as a

controversy between the United States and a foreign government,

in which all Americans should be of one party, acknowledging no

distinction between the acts of Mr. Forsyth and Mr. Webster,

but considering the whole affair, under both the successive

administrations, as one and indivisible; and on many points, I

believe this country is altogether of one and the same sentiment

concerning this controversy. It seems to be universally agreed

that British _pirates_ as they were, as I will show according

to the strictest legal definition of the term, in the dead

of night, _burglariously invaded_ our country, _murdered_ at

least one of our unoffending fellow-citizens, were guilty of

the further crime of _arson_ by burning what was at least the

temporary dwelling of a number of persons asleep in a steamboat

moored to the wharf, and finally cutting her loose, carried her

into the middle of the stream, where, by romantic atrocity,

unexampled in the annals of crime, they sent her over the Falls

of Niagara, with how many persons in her, God only will ever

know.

"Now Mr. Speaker, this, in its national aspect, was precisely

the same as if perpetrated in your house or mine, and should

be resented and punished accordingly. Some time afterwards

one of the perpetrators, named McLeod, in a fit of that

sort of infatuation with which Providence mostly betrays the

guilty, strayed over from Canada to the American shore, like

a fool, as he was, and there was soon arrested and imprisoned

by that popular police, which is always on the alert to

administer justice upon malefactors. First proceeded against,

as it appears, for civil redress for the loss of the vessel,

he was soon after indicted by the appropriate grand jury,

and has remained ever since in custody, awaiting the regular

administration of justice. Guilty or innocent, however, there

he was, under the ægis of the law of the sovereign State of New

York, with the full protection of every branch of the government

of that State, when the present administration superseded

the last, and the first moment after the late President's

inauguration was ungenerously seized by the British minister

to present the new Secretary of State with a letter containing

the insolent, threatening, and insufferable language which I am

about to read from it:

"'The undersigned is instructed to demand from the government

of the United States, formally, in the name of the British

government, the immediate release of Mr. Alexander McLeod.

The transaction in question may have been, as her Majesty's

government are of opinion that it was, a justifiable employment

of force for the purpose of defending the British territory

from the unprovoked attack of a band of British rebels and

American pirates, who, having been permitted to arm and organize

themselves within the territory of the United States, had

actually invaded and occupied a portion of the territory of

her Majesty; or it may have been, as alleged by Mr. Forsyth,

in his note to the undersigned of the 26th of December, a most

unjustifiable invasion in time of peace, of the territory of the

United States.'"

"Finally, after a tissue of well elaborated diplomatic

contumely, the very absurdity of part of which, in the

application of the term pirates to the interfering Americans, is

demonstrated by Mr. Webster--the British minister reiterates,

towards the conclusion of his artfully insulting note--that

'be that as it may, her Majesty's government formally demands,

upon the grounds already stated, the immediate release of Mr.

McLeod; and her Majesty's government entreats the President of

the United States--I pray the House to mark the sarcasm of this

offensive entreaty--to take into his deliberate consideration

the serious nature of the consequences which must ensue from a

rejection of this demand.'

"Taken in connection with all the actual circumstances of the

case--the tone of the British press, both in England and Canada,

the language of members in both Houses of Parliament, and the

palpable terms of Mr. Fox's letter itself, it is impossible,

I think, not to see we cannot wink so hard as not to perceive

that Mr. Fox's is a threatening letter. It surprises me that

this should have been a subject of controversy in another

part of this building, while I cannot doubt that Mr. Webster

was perfectly satisfied of the menacing aspect of the first

letter he received from the British minister. Anxious--perhaps

laudably anxious--to avoid a quarrel so very unpromising at

the very outset of a new administration, he seems to have shut

his eyes to what must flash in every American face. And here

was his first mistake; for his course was perfectly plain. He

had nothing to do but, by an answer in the blandest terms of

diplomatic courtesy, to send back the questionable phrases to

Mr. Fox, with a respectful suggestion that they looked to him

as if conveying a threat; that he hoped not, he believed not;

he trusted for the harmony of their personal relations, and the

peace of their respective nations, that he was laboring under

a mistake; but he could not divest his mind of the impression,

that there were in this note of Mr. Fox, certain phrases which,

in all controversies among gentlemen as well as nations,

inevitably put an end to further negotiation. Mr. Fox must have

answered negatively or affirmatively, and the odious indignity

which now rankles in the breast of at least a large proportion

of the country, interpreting it as the meaning of the British

communication, would have been avoided. Mr. Webster had Mr. Fox

absolutely in the hollow of his hand. He had an opportunity of

enlisting the manly feeling of all his countrymen, the good will

of right-minded Englishmen themselves, to a firm and inoffensive

stand like this, on the threshold of the correspondence. Why he

did not, is not for me to imagine. With no feeling of personal

disparagement to that gentleman, I charge this as an obvious, a

capital, and a deplorable lapse from the position he should have

assumed, in his very first attitude towards the British minister.

"The British argument addressed to him was, that 'the

transaction in question was a justifiable employment of public

force, with the sanction, or by order of the constituted

authorities of a State, engaging individuals in military or

naval enterprises in their country's cause, when it would be

contrary to the universal practice of civilized nations to fix

individual responsibility upon the persons engaged.' This,

as I do not hesitate to pronounce it, false assumption of

law, is, at once, conceded by Mr. Webster, in the remarkable

terms, that the 'government of the United States,' by which

he must mean himself, entertains _no doubt_ of the asserted

British principle. Mr. Webster had just before said, that 'the

President is not certain that he understands precisely the

meaning intended to be conveyed by her Majesty's government,'

'which doubt,' he adds, 'has occasioned with the President some

hesitation.' Thus while the President entertained a doubt,

the government entertained no doubt at all; which I cannot

understand, otherwise, than that while the President hesitated

to concede, the Secretary of State had no hesitation whatever

to concede at once the whole British assumption, and surrender

at discretion the whole American case. For where is the use of

Mr. Webster's posterior, elaborated argument, when told by the

British minister that this transaction was _justifiable_, and

informed by the public prints that at a very early day, one of

the British Secretaries, Lord John Russell, declared in open

Parliament that the British government _justified_ what is

called the _transaction_ of McLeod. The matter was ended before

Mr. Webster set his powerful mind to produce an argument on the

subject. The British crown had taken its position. Mr. Webster

knew it had; and he may write the most elegant and pathetic

letters till doomsday, with no other effect than to display

the purity of his English to admiring fellow-citizens, and the

infirmity of his argument to Great Britain and the world. By

asserting the legal position which they assume, and justifying

the transaction, together with Mr. Webster's concession of their

legal position, the transaction is settled. Nothing remains to

be done. Mr. Webster may write about it if he will, but Mr.

Fox and the British minister hold the written acknowledgment

of the American Secretary of State, that the affair is at an

end. I call this, sir, a terrible mistake, a fatal blunder,

irrecoverable, desperate, leaving us nothing but Mr. Webster's

dreadful alternative of cold-blooded, endless, causeless war.

"Our position is false, extremely and lamentably false. The

aggrieved party, as we are, and bound to insist upon redress,

to require the punishment of McLeod, Drew, and McNab, and the

other pirates who destroyed the Caroline, we have been brought

to such a reverse of the true state of things, as to be menaced

with the wrong-doer's indignation, unless we yield every thing.

I care not whose fault it is, whether of this administration

or that. In such an affair I consider both the present and the

past, as presenting one and the same front to one and the same

assailant. I cannot refrain, however, from saying, that whatever

may have been our position, it has been greatly deteriorated by

Mr. Webster's unfortunate concession.

"Never did man lose a greater occasion than Mr. Webster cast

away, for placing himself and his country together, upon a

pinnacle of just renown. Great Britain had humbled France,

conquered Egypt, subdued vast tracts of India, and invaded

the distant empire of China--there was nothing left but our

degradation, to fill the measure of her glory, if it consists

in such achievements; and she got it by merely demanding,

without expecting it. And why have we yielded? Was there any

occasion for it? Did she intend to realize her threat? Were the

consequences which Mr. Webster was entreated to take into his

consideration, the immediate and exterminating warfare, servile

war and all, which belligerent newspapers, peers, and other such

heralds of hostilities have proclaimed? No such thing. We may

rely, I think, with confidence, upon the common good sense of

the English nation, not to rush at once upon such extremities,

and for such a cause. Mr. Fox took Mr. Webster in the melting

mood, and conquered by a threat; that is to say, conquered

for the moment; because the results, at some distant day,

unless his steps are retraced, will and must be estrangement

between kindred nations, and cold-blooded hostilities. I have

often thought, Mr. Speaker, that this affair of McLeod is what

military men call a demonstration, a feint, a false attack, to

divert us from the British design on the State of Maine; of

which I trust not one inch will ever be given up. And truly,

when we had the best cause in the world, and were the most

clearly in the right, it has been contrived, some how or other,

to put us in false position, upon the defensive, instead of

the offensive, and to perplex the plainest case with vexatious

complication and concession."

The latter part of this speech was prophetic--that which related to

the designs on the State of Maine. Successful in this experiment

of the most efficacious means for the release of McLeod, the

British ministry lost no time in making another trial of the same

experiment, on the territory of that State--and again successfully:

but of this in its proper place. Mr. John Quincy Adams, and Mr.

Caleb Cushing, were the prominent defenders of the administration

policy in the House of Representatives--resting on the point that

the destruction of the Caroline was an act of war. Mr. Adams said:

"I take it that the late affair of the Caroline was in hostile

array against the British government, and that the parties

concerned in it were employed in acts of war against it: and

I do not subscribe to the very learned opinion of the chief

justice of the State of New York (not, I hear, the chief

justice, but a judge of the Supreme Court of that State), that

there was no act of war committed. Nor do I subscribe to it

that every nation goes to war only on issuing a declaration or

proclamation of war. This is not the fact. Nations often wage

war for years, without issuing any declaration of war. The

question is not here upon a declaration of war, but acts of war.

And I say that in the judgment of all impartial men of other

nations, we shall be held as a nation responsible; that the

Caroline, there, was in a state of war against Great Britain;

for purposes of war, and the worst kind of war--to sustain an

insurrection; I will not say rebellion, because rebellion is a

crime, and because I heard them talked of as patriots."

Mr. Cushing said:

"It is strange enough that the friends of Mr. Van Buren should

deny that the attack on the Caroline was an act of war. I reply

to them not only by exhibiting the reason and the principle of

the thing, but by citing the authority of their own President.

I hold in my hand a copy of the despatch addressed by Mr.

Stevenson to Lord Palmerston, under the direction of Mr. Van

Buren, making demand of reparation for the destruction of the

Caroline, and in that despatch, which has been published, Mr.

Stevenson pursues the only course he could pursue; he proceeds

to prove the hostile nature of the act by a full exhibition

of facts, and concludes and winds up the whole with declaring

in these words: 'The case then is one of open, undisguised,

and unwarrantable hostility.' After this, let no one complain

of Mr. Webster for having put the case of the Caroline on the

same precise ground which Mr. Van Buren had assumed for it, and

which, indeed, is the only ground upon which the United States

could undertake to hold the British government responsible.

And when the gentleman from Pennsylvania is considering the

first great negotiation of Mr. Webster, how does he happen to

forget the famous, or rather infamous, first great negotiation

undertaken by Mr. Van Buren? And is it not an act of mere

madness on the part of the friends of Mr. Van Buren, to compel

us to compare the two? Here is a despatch before us, addressed

in a controversy between the United States and Great Britain,

containing one of the ablest vindications of the honor and

integrity of the United States that ever was written. Mr. Van

Buren began, also, with the discussion of the question between

us and Great Britain. And in what spirit?--that of a patriot,

a man of honor, and an American? Is not that despatch, on the

contrary, a monument of ignominy in the history of the United

States? Instead of maintaining the interests of this country,

did not Mr. Van Buren, on that occasion, utterly sacrifice

them? Did he not dictate in that despatch, a disposition of the

great question of the colony trade between the United States

and Great Britain, which, from that time to this, has proved

most disastrous in its effects on the commercial and navigating

interests of the United States? And pernicious as was the object

of the despatch, was not the spirit of it infinitely worse? in

which, for the first time, party quarrels of the people of the

United States were carried into our foreign affairs--in which

a preceding administration was impliedly reproached for the

zeal with which it had defended our interests--in which it was

proclaimed that the new administration started in the world with

a set purpose of concession toward Great Britain--in which the

honor of the United States was laid prostrate at the foot of the

British throne, and the proud name of America, to sustain which

our fathers had carried on a first and a second war, as we may

have to do a third--that glory which the arms of our enemy could

not reach, was, in this truckling despatch, laid low for the

first, and, I trust in God, the last time, before the lion of

England."

The ground taken by Mr. Adams and Mr. Cushing for the defence of Mr.

Webster (for they seemed to consider him, and no doubt truly, as the

whole administration in this case) was only shifting the defence

from one bad ground to another. The war ground they assumed could

only apply between Great Britain and the insurgents: she had no war

with the United States: the attack on the Caroline was an invasion

of the territory of a neutral power--at peace with the invader. That

is a liberty not allowed by the laws of nations--not allowed by the

concern which any nation, even the most inconsiderable, feels for

its own safety, and its own self-respect. A belligerent party cannot

enter the territory of a neutral, even in fresh pursuit of an enemy.

No power allows it. That we have seen in our own day, in the case of

the Poles, in their last insurrection, driven across the Austrian

frontier by the Russians; and the pursuers stopped at the line, and

the fugitive Poles protected the instant they had crossed it: and

in the case of the late Hungarian revolt, in which the fugitive

Hungarians driven across the Turkish frontier, were protected from

pursuit. The Turks protected them, Mahometans as they were; and

would not give up fugitive Christians to a Christian power; and

afterwards assisted the fugitives to escape to Great Britain and

the United States. The British then had no right to invade the

United States even in fresh pursuit of fugitive belligerents: but

the Caroline and crew were not belligerents. She was an American

ferry-boat carrying men and supplies to the insurgents, but she

was not a combatant. And if she had been--had been a war-vessel

belonging to the insurgents, and fighting for them, she could not

be attacked in a neutral port. The men on board of her were not

Canadian insurgents, but American citizens, amenable to their own

country for any infraction of her neutrality laws: and if they

had been Canadian insurgents they could not have been seized on

American soil; nor even demanded under the extradition clause in the

treaty of 1796, even if in force. It did not extend to political

offences, either of treason or war. It only applied to the common

law offences of murder and forgery. How contradictory and absurd

then to claim a right to come and take by violence, what could not

be demanded under any treaty or the law of nations. No power gives

up a political fugitive. Strong powers protect them openly, while

they demean themselves orderly: weak powers get them to go away when

not able to protect them. None give them up--not even the weakest.

All the countries of Europe--the smallest kingdom, the most petty

principality, the feeblest republic, even San Marino--scorn to give

up a political fugitive, and though unable to chastise, never fail

to resent any violation of its territory to seize them. We alone,

and in the case of the Caroline, acknowledge the right of Great

Britain to invade our territory, seize and kill American citizens

sleeping under the flag of their country, to cut out an American

vessel moored in our port, and send her in flames over the Falls of

Niagara. We alone do that! but we have done it but once! and history

places upon it the stigma of opprobrium.

Mr. William O. Butler of Kentucky, replied to Mr. Cushing,

especially to his rehash of the stale imputations, worn out at the

time of Mr. Van Buren's senatorial rejection as minister to Great

Britain, and said:

"He expected from the gentleman a discussion on national law;

but how much was he astonished the next day, on reading his

speech in the _Intelligencer_, and finding him making a most

virulent attack on the conduct and reputation of Mr. Van Buren.

The gentleman referred to the letter of instructions of Mr. Van

Buren to our Minister at the Court of St. James, and compared it

with the instructions of Mr. Webster to the Attorney-general;

speaking of the latter as breathing the statesman and patriot

throughout, while he characterizes the former as infamous. Mr.

B. said he would not repeat the harsh and offensive terms in

which the gentleman had spoken of Mr. Van Buren's letter; he

would read what the gentleman said from his printed speech,

in order that the House might see the length to which his

invectives were carried. [Here Mr. B. read extracts from Mr.

Cushing's speech.] The gentleman spoke of comparing the two

letters together. But did he think of comparing the thing we

complain of with the thing he complains of? No: that would be

next to madness. The gentleman shrinks from that comparison, and

goes on to compare not the thing we complain of with the letter

of Mr. Van Buren, but the beautiful composition of Mr. Webster,

written forty days after complying with the British minister's

insulting demands, and intended to cover over the instructions

to Mr. Crittenden, after which he characterizes Mr. Van Buren's

letter as a monument of ignominy. Now Mr. B. said he would

make the same reply that a dignified farmer of Kentucky did to

a lawyer. The lawyer prosecuted the farmer for a slander, and

in the course of the trial took occasion to heap on him all the

abuse and invective of which the Billingsgate vocabulary is

capable. Yet the jury, without leaving their box, pronounced a

verdict of acquittal. The verdict of an honest and intelligent

jury, said the farmer, is a sufficient answer to all your abuse.

Just so it was with Mr. Van Buren. His letter had made a great

noise in the country; had been extensively circulated and read,

and had been assailed with the utmost virulence by the opposite

party. Yet the highest jury on earth, the American people, had

pronounced the acquittal of Mr. Van Buren by electing him to the

Chief Magistracy. The gentleman complained that the patriotism

of Mr. Webster not only had been assailed, but that the

gentleman from Pennsylvania had had the temerity to attack that

most beautiful of letters which the patriotic Secretary wrote

to Mr. Fox. Now he (Mr. B.) would admit that it was a beautiful

piece of composition, and he knew of but one that would compare

with it, and that was the proclamation of General Hull, just

before surrendering the Northwestern army to the British."

The friends of Mr. Webster had a fashion of extolling his intellect

when his acts were in question; and on no occasion was that fashion

more largely indulged in than on the present one. His letter,

superscribed to Mr. Fox--brought out for home consumption forty days

after the satisfactory answer had been given--was exalted to the

skies for the harmony of its periods, the beauty of its composition,

the cogency of its reasons! without regarding the national honor

and interest which it let down into the mud and mire; and without

considering that the British imperious demand required in the answer

to it, nerve as well as head--and nerve most. It was a case for an

iron will, more than for a shining intellect: and iron will was

not the strong side of Mr. Webster's character. His intellect was

great--his will small. His pursuits were civil and intellectual;

and he was not the man, with a goose quill in his hand, to stand

up against the British empire in arms. Throughout the debate, in

both Houses of Congress, the answer to Mr. Fox was treated by Mr.

Webster's friends, as his own; and, no doubt, justly--his supremacy

as a jurist being so largely deferred to.

The debate in the House was on the adoption of a resolution offered

by Mr. John G. Floyd, of New York, calling on the President for

information in relation to the steps taken to aid the liberation of

McLeod; and the fate of the resolution was significant of the temper

of the House--a desire to get rid of the subject without a direct

vote. It was laid upon the table by a good majority--110 to 70. The

nays, being those who were for prosecuting the inquiry, were:

Messrs. Archibald H. Arrington, Charles G. Atherton, Linn

Banks, Henry W. Beeson, Benjamin A. Bidlack, Samuel S. Bowne,

Linn Boyd, Aaron V. Brown, Charles Brown, Edmund Burke, Reuben

Chapman, James G. Clinton, Walter Coles, Edward Cross, John R.

J. Daniel, Richard D. Davis, Ezra Dean, William Doan, Andrew

W. Doig, Ira A. Eastman, John C. Edwards, Charles G. Ferris,

John G. Floyd, Charles A. Floyd, Joseph Fornance, James Gerry,

William O. Goode, Samuel Gordon, William A. Harris, John

Hastings, Samuel L. Hays, Isaac E. Holmes, Jacob Houck, jr.,

George S. Houston, Edmund W. Hubard, Charles J. Ingersoll,

William Jack, Cave Johnson, John W. Jones, George M. Keim,

Abraham McClellan, Robert McClellan, James J. McKay, John

McKeon, Albert G. Marchand, Alfred Marshall, John Thompson

Mason, James Mathews, William Medill, John Miller, Christopher

Morgan, Peter Newhard, William Parmenter, Samuel Patridge,

William W. Payne, Arnold Plumer, John Reynolds, Lewis Riggs,

Tristram Shaw, John Snyder, Lewis Steenrod, George Sweeny,

Thomas A. Tomlinson, Hopkins L. Turney, John Van Buren, Aaron

Ward, Harvey M. Watterson, John Westbrook, James W. Williams,

Henry A. Wise, Fernando Wood.

The same subject was largely debated in the Senate--among others by

Mr. Benton--some extracts from whose speech will constitute the next

chapter.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 75 / 202 章