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•V* 
 
 SPEECH 
 
 I 
 
 OF 
 
 MR. BENTON, OF MISSOURI, 
 
 ON THE 
 
 CASE OF McLEOD. 
 
 In Senate, Monday, June 14, 1841— On the motion ^ 
 ol Mr. Rives lo roftr lo much of the President's 
 niesi^age as relates to our foreign affairs to the 
 Committee on Foreign Affair.*. 
 Mr. BENTON would taiie this opportunity to 
 expif ss his opinions on the subject before the Se- 
 nate, and would take the occasion to say that he 
 would always choose to .speak during the usual 
 hours of business in the Senate, but if pravented 
 Ircm speaking at such hours, he must have re- 
 course to those which were unusual, and, at this 
 season of the year, oppre;.sive. He A-ould speak 
 in the night if he could not in the day; refusals to 
 adjrurn should not debar him of his right. He 
 had a right to speak, and should exerci.-e that right, 
 not to annoy the Senate or to delay business, but 
 to discharge his duty to the country, and to show 
 that he was able and determined to assert and to 
 vindicate his rights. 
 
 Mr. B. believed that ihe gentleman whose cor- 
 rei<pondence was the subject of discussion, and who 
 might be considered chiefly interested in it, (the 
 Secretary of State,) would have no objection to 
 this discussion; neither to iischarac :er,nor the time 
 it would consume. That gentleman had done, at a 
 former extra session, infinitely more than it was 
 proposed to do now. Mr. B. spoke of theexlia 
 sesiiion of May, 1813, called by Mr. Madison to 
 provide means of carrying on the war, and so large 
 a proportion of which was consumed in partisan 
 attacks upon the character and measures ef the 
 Administration. Mr. B. v.-as a young man at that 
 time, a visiter at WashiuRton, and often look his 
 stand among other visiicrs in the crowded and 
 heated lobby of I'le House. Standing in that 
 place, he saw a Representative from the State 
 of New Hampshire, now the Secretary State, 
 [Mr. Webster,] submit his celebrated resolu- 
 tions against the administration of Mr. Ma- 
 dison ; and during the month which he re- 
 mained at Washington, be heard these reso- 
 lutions debated, day in and day out, by the wliole 
 phalanx of the Federal parly, to the exclusion of 
 the business for which Congress was called to- 
 gether, and to the delay of the supplies which the 
 invaded and bleeding condition of the country so 
 imperiously demanded. He heard the mover of 
 the resolutions deliver his withering denunciations 
 against his own Governmeni; he saw hir.i followed 
 by the solid column of the Federal battalion then 
 in the House; he saw the Democracy, patient and 
 forbearing, giving them all the time they would 
 ask, and all the scope they woald take; and no one 
 
 availed himself more fully of D.-mocratic for- 
 bearance than the mover of the resolutions himself. 
 He had lime and scopa to his heart's content in at« 
 tacking his own GovernmeHt, and that in time of 
 war, and at a called session of Congress. The 
 recollection of this must have iLs effect upon the 
 m.nii . him who was then ihe subject of so much 
 forbearance. He musi be willing, and eveft 
 anxious, to extend toothers the indulgence of which 
 he has bad the benefit. He must be willing that 
 those who please should havo iheir time and scope, 
 (at this extra session of Congress, called in time 
 of prace to take s-nap judginenl.j on the Ame- 
 rican people,) to arraign an act of his, in which, 
 now as near thirty years ago, he has Ihe misfor- 
 tune to appear on the wrong side of his country's 
 cau!<e. 
 
 Mr. B. said the history of our country contained 
 a warning lesson to gentlemen who take the side 
 of a frjieign country a;;ainst their own: he alluded 
 tj the cas^<2 of Arbuthnot and Ambrister, seized 
 among the Seminole Indians in 1818, and hung as 
 outlaws and pirates by the orders of General 
 Jackson. The news of that execution was heard 
 v/ith joy by the American people, why considered 
 the^c Englishmen as a thousand times more cul- 
 pable than the wretched Ravages whom they stimu- 
 lated to the murder of women and children, and 
 who had abandoned thpir own country, and the 
 white race to which they belonged, to join savages 
 against a country with which their own Govern- 
 ment was at peace. The country heard the news 
 of the execution with joy: they appioved the act 
 of General Jackson. Not so with the politicians 
 ,1 — the politicians of the Federal school especially. 
 They condemned it; partisan presses altackfid it; 
 and when Congress met, committees of «ach House 
 of Congress reported against it — loudly condemned 
 it— and were followed by a crowd of speakers. 
 All the phrases now hsard in claiming exemption 
 for McLeod, and bewailing his fate, were then 
 heard in deploring the fate of Arbuthnot and 
 Ambrister. Violation of the laws of nations — 
 inhuman — unworthy of the nineteenth century- 
 shocking to faumanity-^barbarous — uncivilized — 
 subjecting us to reprisals, and even to war from 
 England— drawing upon us the reproaches of 
 Christendom, and even the wrath of Heaven: snch 
 were the holyday phrases with which the two 
 .Houses of Congresi! then resounded. To hear 
 whal was said, and it would seem that the British 
 lion, would be instantly upon us. We were taught 
 to tremble for the return news from England. 
 
s 
 
 Well' it came! and what was it? Not one word 
 J^m he British Government «ga.n«t the acl o 
 
 SUrexie t ^Se^^u-pp^rted complai^^ 
 
 BriS House of Commons had no condemnation 
 S pronounce upon the conduct of Genera Jack- 
 L Sr silence justified him in England, while 
 commiuees and orators condemned him here; and 
 fhTjScation from abro«^, in a case where two 
 Englishmen were actually hanged should be a 
 SSnine to gentlemen how they should commit 
 SSlves in a case where an Englishman is 
 SeSwin the\and8«f justice, and has nothing to 
 S2 frim -God and the countrj" if he is as inno. 
 cent as he now alleges, and as humanity would 
 
 "•Gen'^acks^on was right, and the committees and 
 
 . „ J I u.». <iTAi-A mrnntr. He WaS 
 
 f,««, VftttH bv the Senate r from Pcnuiyl- 
 vnn^a iJpSed and conclusive in our favor. I 
 S fc tJ Le cii of McLeod, and covers it; and 
 f/Se -ive up that man, upon the demand ot the 
 ErSaovemment, we shrink from the defence of 
 Sght and 'uffer the law of nations to be violated 
 
 ^' ThisS"s me to th. case before us. What is 
 i,7 Tie factfof the case are all spread out in ofiicial 
 11 f Ane mcv e..iclence of them are clear and 
 
 SSe In I^eSn steam ferr, bo». .ra- 
 ;S'?h? Niagara ri.er, sh.-rne.Krnw 
 
 it.KK-";-:?,rS,yjr.;^.s 
 
 men and arms to the insurgents m Canada, ana 
 ^hnn, anv anneal to «ur Governments, either 
 llLteorFe eraTIwithout applying to us to put 
 ou? own laws in force against ^er-an t^gHbh 
 officer of his own head, without the knowledge of 
 ?he Kh Government, determines to do-wbat? 
 
 uen. .ac.«uu .^ ...-, 'Jf' l^^ S^t to watcMh^Ts^^^^^^^^^^^^ vessel, arrest her in the 
 
 oralonswho condemned him were wrong. He was No to waicn p ^^^ .^^^^^ but to 
 
 ?Sh? n the law and in the application of the law. fact, ™ t^« - ^ ^.^^'' ^oard her asleep, and 
 Hehidnomustyvolumesofnationallawtoreferlo steal^^^^^^^^^ shore, under the Hag 
 
 SthfsSamps of Florida; and he needed none. ^H Jf ^'.^^^^^^^^^^ the evening of the meditaied 
 had thHaw of nature, and of nations, in his hear I ot^^^^^^^^^ ^^^ ^^H^^ f^J-'^'V T/ 
 He bad an American heart, and that heart never , outrage vo _^^^^ ^^ follow iheir lead- 
 ledbimwror^ when the rights, th« ^^"f'^JTrtofh^clevfl, for that was the language used; 
 the honor of his country were at stake. He hung "jo "> '^^^ ^^.^i^n to have been a dinbo- 
 theEnelishmen who were exciting savages ^o the and u prov t^ ^^ ^^ ^ followed 
 
 SLdeTofVurwomenandcbildrenjandthepolicy lic^^^^^^^ ^,,, 3,bre3 and pistols; 
 
 S the measure is no le-« apparent than Its legality. 1 by demons. ^ ^^^^^,, ^^^ ^^^^^ „f ^p. 
 
 VI luc luc r'„„i;cw'«.n* wftre eternally in th( 
 
 re is no le-« apparent than Its legality, by de^^^^^^ p.uack, midnight; the means of ap- 
 
 5efore that time. Englishmeli were eterjaUy ^J «^f 1 ^^^^ «ej °f .^,^^, ^'.^ muffled oars; the progress^ 
 Indians stimulaunghe^ to host'h. K.Ilem and stealthy,.that no suspicious sound 
 
 ranks of themum"*, ?"'""'"""o,":-~-,„. „„u,,_ 
 ties upon us: since that time no Englishman has been 
 heard of among them. The example was who e- 
 some-^ts effect salutary. It has given us twenty- 
 fi« veixsof exemption from English interference 
 nve years oi "^ .,^'.^^. ^, ;, ,1,, assass ns of the 
 
 luld alarm the sleeping v^^^^Jf •^^J'-.t^^J 
 was death and no <ruorfer. Thus prep a auu 
 r^d ihev approach the boat in the ceau of the 
 led, they appr^tt dicoverv— rush on board 
 
 n^T^VoTexrmpirn froVEnglish interference l^J^S^^KrwU^^^^^ on board 
 
 Sour Indian hostilities; and if the assassins of the n.ght-reacnner ^,^,1, ^tab and shoot all 
 
 S.;:L^1haU_beUungupin^^^ 
 
 Se us e :mp^or?om^ futu7e British outrage 
 Ibng the extended Une which divides the Union 
 
 ^Tis^'mo^urn'JrMr. President, continued Mr. B. 
 toseigSmen of eminent abilities consulting 
 booS to find passages to justify an outrage upon 
 ?h°°^owncoun^y. 'Better far to U^^^^^ 
 
 refcoS'.side Better even to take the rule 
 rfSe illustrious Commodore whose actions have 
 01 ine luubwiu" AmpriKan name. 
 
 i 
 
 whom"they"s'ee-pursue the flymg, and besides 
 rhose in the boat, kill one man at lea.t "Pon th« 
 sou of hS country, far from the water's edge. 
 V ctoricu« in an attack where there was no res i.t- 
 ance the conquerors drew .he vessel into the 
 St of th« current, set her on fire, and with all 
 Srcontents-the dkd, the living, the wounded 
 and the d? ng-send he^ in flames over the fright- 
 Llcataract of the Niagara. McLeod the man 
 who' e release is demanded fr«'», ««• j^'/^ f ^W^ 
 ing lohis own dedarations, mad a th^^^ 
 
 ine to his own aeoiarauouo, moMo ». — - — 
 ^LSI which we possess. We have State Go- in that cruel_ worK, a ^ ^^ _/ ^^^^^ ^.^^ ^^ 
 
 . 11 nc fl> Ciont 
 
 rnSrswTi^aGe;«al"Go7er^^^^^^^ 
 thSTstate authorities have their rights, and are 
 Seiw within them. The protecUoxi of the 
 ?fZ? Ihertv and property of their citizens, is 
 Sg *Sight; L punishment of S;^^^^^ «; 
 son and burglary, are among the rights ot tne 
 Xtes If tbire was nothing in the law of na ions, 
 eiaves. »*."■". .__,._ .. __>„„„;c«. thosp rights, 
 as written lu tne books, lu i=v.vb»~ ^ 
 
 ^^damntdYa^kmr to use his own words, 
 
 '"Juthtwas in December of the year 1837. It 
 filled the country with indignation. It A/ed the 
 Sosoms of the border settlers on a line of fifteen 
 Sed miles. Retaliation was m every hear , 
 TeaL in every mouth, a??^.^'! ''"'"J.";;^-,^^^; 
 
 oia.c». "..-".-_,-.. r ;.- .H«..ri.hts.lVan Buren was .then Pres'd!^!.- J^J*!^^^^^^ 
 
 AS written lu tne books, lu i=v.vb».~ —-— -^ ■ -. ■ ■. . .ug exciiedi prociamauuna w«r^ . 
 
Pcnuiyl- ^ 
 ivor. It 
 i it; and 
 i of the 
 efence of 
 violated 
 
 What is 
 [a oflicial 
 clear and 
 boat ira- 
 assengers 
 ler. The 
 he carries 
 lada; aad 
 ats, either 
 us to pat - I 
 n English 
 wledge of 
 Ho — what? I 
 her in the 
 enl, but to 
 isleep, and 
 :r the Hag 
 
 meditated 
 ly or sixty 
 ' iheir Icad- 
 uage used; •, 
 n a diabo- 
 is followed 
 and pistols; 
 laus of ap- 
 he proptress, , 
 lions sound 
 
 T^*- order 
 ep' a and 
 deau of the 
 ish on board 
 id shoot all 
 and besides 
 idt upon the 
 (rater's edge, 
 as no resist- 
 isel into the >- 
 md with all 
 he wounded 
 er the fright- 
 od, the maa 
 was (accord- ( 
 le time in his 
 ind according 
 le survivors,) 
 irdly iregedy. 
 ind the admis- , 
 
 the foremost 
 led one of the 
 irds, with his 
 
 irear 1837. It 
 It fired the 
 line of fifteen 
 in every heart, 
 aminent. Mr. 
 To calm the 
 
 •MA«>tt icciior) to 
 
 )n, troops were 
 
 To obtain re- 
 
 I, and the insult 
 
 to our national character, application was made to 
 the British Qovernmtnt to repair the wrong that 
 was done. That Government delayed its answer 
 to our just demand — avoided the assumption of the 
 criminal act — excused and justified,without assum- 
 ing it — rewarded the offenders with titles, pensions, 
 and praises — and clearly encouraged them to do 
 the like again. Diplomacy was still drawing out 
 its lengthened thread — still weaving its long and 
 dilatory wtb — still PeneU)pizing — when the same 
 McLeod, tha boaster in Canada of his active share 
 in ihist triple crime of midnight murder, arson, and 
 robbery, crosses over to the American side and 
 repeats, in the hearing of Americans, and on the 
 spot whiiih had been the scene of his exploit, the 
 aadacious boast of his participation in it. Justice 
 then took hold him. The laws of New York laid 
 their hands upon him; and a grand jury of the vi- 
 cinase, on an indictment regularly preferred, re- 
 turned a true bill against him. A trial, of course, 
 was to take place in the courts of the Slate whose 
 laws had been violated, whose citizens had been 
 murdered and robbed, whose peace had been dis- 
 turbed, and whose authority had been set at defi- 
 ance. The news of this proceeding flies to the 
 British Minibter here; that Minister addresses a 
 note to the Secretary of State, (Mr. Forsyth,) de- 
 manding the release of McLeod; aud the Secreta- 
 ry answered, by the direction of the then President, 
 (Mr. Vaa Buren,) that this man being charged 
 'vith offences against the laws of New York, the 
 General Government had no right to inter- 
 fere, and should not do so. This answer was 
 read in the Senate in January last, when most 
 of the present members of the body were then 
 present — when the present Secretary of State 
 and ihe present Attorney General were both 
 present — when all the old Senators now here were 
 present — and when this response of Mr. Forsyth, 
 refusing to give up McLeod, or to interfere with 
 the courts of New York, received the unanimous 
 approbation of this chamber! 
 
 Mr. B. repeated the expression, unanimous ap- 
 probation! and said that he would pause for cor- 
 rection, if he was mistaken. He paused. Several 
 Senators exclaimed, "yes, yes." 
 
 Mr. B. continued: I remember the reading of that 
 letter well, and the feeling of unanimous approba- 
 tion which pervaded the chamber when it was 
 road. Every Senator that spoke expressed his ap- 
 prooation. No one signified dissent; and the feel- 
 ing was then universal that the proper answer had 
 been given by Mr. Forsyth— the answer which the 
 law of nations, the dignity of the Union, and the 
 rights of New York required to be given. If I am 
 wrong in ray recollection, I repeat the request, let 
 me be corrected now. 
 
 [Several voices cried out, "right, right," No one 
 said the'contrary.] 
 
 Mr. B. resumed: a great point — one vital and 
 conclusive in this inquiiy, is now established. It 
 is established, that in the month of January last, 
 
 number now present. In a word, the Senate wm 
 constituted as it now is, with the exception of nme 
 members who have goie out, and the same num- 
 ber who have come in. 
 
 In January last, as we now see, it was the 
 unanimous sense of the Senate that McLeod should 
 not be given up — that the course of justice in New 
 York should not be interrupted; and this also, I feel 
 justified in saying, was the sense of the House of 
 Representatives. The McLeod correspondence was 
 communicated to that body. Five thousand copies 
 of it were moved to be printed. A reference of 
 the whole was made to thfe Committee of Foreign 
 Relations; and the judgment of the House appeared 
 to be the same of that of the Senate. 
 
 In the month of January last, it may then be as- 
 serted, that the two Houses of Congress approved 
 the decision of President Van Buren; and, accord- 
 ing to that decision, McLeod was neither to be 
 given up, nor the course of justice in New York 
 interfered with by the Federal Government. 
 
 Mr. Pox received the answer of Mr. Forsyth — 
 transmiited it to his Government— and received 
 from that Government precise instructions to avow 
 and assume the attack on the Caroline as a national 
 act — to make a peremptory demand for the release 
 of McLeod — to threaten us with serious conse- 
 quences in the event of refusal — and, as the Britisfi 
 newspapers said, to demand his passports, and 
 leave the country- if his demand was not immedi- 
 ately complied with. Jb was oh the evening of the 
 4th day of March— the day of the inauguration of 
 the new President — that the news of these instruc- 
 tions arrived in this city, and along with them the 
 war threats and the war speeches of the press and 
 pub!!, men of England— the threat of many pa- 
 pers to send admirals and war steamers to batter 
 down our cities— -and the diabolical speech of a 
 Peer of the realm, In the Home of Lords, [Lord 
 Mountcashel,] to excite our three mill'ons of ne- 
 groes to insurrection — to raise all the Indians 
 against us— -and to destroy our finances by burst- 
 ing the paper bubbles upon which they floated. 
 
 It was on the evening of the 4th day of March 
 that these instructions, this demand, this threat, 
 and all these war annunciations, arrived in this 
 city. The new president had just been inangu- 
 ratad: his Cabinet had jost been indicated: the 
 men who were to compose the Presidential council 
 were fully known; and I undertook at once to tell 
 what would be done. I said to several— some now 
 in this city, if not in this chamber— .McLflod ioill be 
 given up\ not direclty, hut indirectly. Underkanded 
 spring* will be set in motion to rekate him; and a Ut- 
 ter wUl afltrwardi be cooked up to iAom to Congreu 
 and the people, and to justify wluU had been done. 
 This is what I said; persons are now in this city to 
 whom I said it: and now let us resume the narra- 
 tive of events — let us follow the carrent of facts — 
 and see what was done by the new Administration 
 which had just been inducted into office ir. the 
 midst of triumphal processions, under the fire of 
 
 ber, we were all of opinion that he had given the 
 r.orrec.t and proper answer: and among the Sena- 
 tors then present weru the present Secretary of 
 State, the present Attorney General, all the old Se- 
 nators now present, and four-fifths of the whole 
 
 when Mr. Forsyth's letter was read in this cham-, cannon, the beating of drums, the display of flags. 
 
 and with all the glorious pomp and circumstance 
 of war. Let us see what they did. 
 
 On the 12th day of March, u»e new administra- 
 tiwn having had time to organize, Mr. Fox ad- 
 dresses to Mr. Webster a formal demand, in the 
 
name of his Government, for ihe release of McLeod; 
 and goes on to say: , . . 
 
 "The grounds upon which the British Goyerninent make this 
 (lomand upon iho Government of the V"}}e'}A^''^'"l T h .i 
 that the transacliun on account of which McLeod has been 
 arrested, and is to he put upon his trial, was a tramactiono\ a 
 public character, planned and executed by pci=ions ^'uly em- 
 powered by lier Majesty's colonial authorities to t,ake any steps 
 and to do any acts NThich misht be iitcessary lor the delence of 
 her Majesty's territories and for the protection of her Majesty a 
 eubjecii; and that consequently those subjecis of her Ma.iesty 
 who encased in i\vi\ transaction were performing an act ol 
 public duty for which they cannot bo made personally and in- 
 dividually answerable to the laws and tribunalaof any loreigii 
 country.'' ... , , 
 
 And after enforcing this demand, by argument, 
 contesting the answer given by Mr. Forsyth, and 
 suggesting the innocence of McLeod, the letter 
 proceeds to say: 
 
 " But, be that asitmay, her Majesty's Government formally 
 demand, upon the grounds already etated, the immediate re- 
 lease of Mr, McLeod; and her Majesty's Government eutieat 
 the rrcsidi t of the United States to take into his most de ibe- 
 rate consideration the serious nature of the conse(iuences wlwch 
 must ensue from a rejection of this demand." 
 
 Tnis letter to Mr. Webster bears date on the 
 12lh of March, which was Friday, and will be con- 
 sidered as having been delivered on the same day. 
 On the 15lh of the same month, which was Mon- 
 day, Mr. Webster delivers to the Attorney Gene- 
 ral of the United States, a set of instructions, and 
 delivers a copy of the same to Mr. Fox, ir^ which 
 he yields (o the demand of this Minister, and de- 
 spatches the Attorney General to New York, to 
 effect the discharge of the prisoner. The instruc- 
 tions, among other things, say: 
 
 "You are well aware that the President has no power to ar- 
 rest the proceeding in the civd and criminal courts ol the Slate 
 of New York. If thin indictment were pending in one of the 
 courts of the United Stales, 1 am directed to say that the Presi- 
 dent, upon the receipt of Mr. Fox's last communication, would 
 have immediately directed a nolle prosequi to be enterei' 
 
 "Whether In this case the Governor of New York hi 
 
 -• w iiuiiici 111 iiiia v^ttQi^ i-ii^ "v/ • ^•■■". '" ' — ■ - ■-. -- na\L lilt 
 power, or, if hehave, whether he would not feel it his duty to 
 exercise it, are points upon which we are not informed. 
 
 "It is understood that McLeod is holdon also on civil process, 
 Bued out against him by the owner of the Caroline. We sup- 
 pose it very clear that the Executive of the State cannot inter- 
 fere with such process; and, indeed, if such process were pend- 
 ineinihe courts of the United states, the Piesident could not 
 arrest it. In such and many analagous cases, the party piose- 
 cuted and sued, must avail himself of his exemption or defence, 
 by judicial proceedings, either in the court into which he is 
 called, or in some other court. But whether the process be cri- 
 minal or civil, the fact of having acted under public authority, 
 and in obedience to the orders of lawful superiors, must be re- 
 garded as a valid defence; otherwise, individuals would beliol- 
 denresponsible for injuries resulting from the acts of Govern- 
 ment, and even from the operations of public war. 
 
 "You will be furnished with a coppy of this instruction, for 
 the use of the Executive of New York, and the attsrney Gene- 
 ral of that State, You will carry with you also authentic evi- 
 dence of the recognition by the British Gi'vernment of the de- 
 struction ol the Caroline, as an act of public force, done by 
 national authority. , .^ . ■. ,. e 
 
 "The President is impressed wiih the propriety of transfer- 
 ring the trial from the scene of the principal excitement to 
 some other and distant county. You will take care that this 
 be suggested to the prisoner's counsel. The President is grati- 
 fied to learn that the Governor of New York has already di- 
 rected that the trial take place before th'i Chief Justice of the 
 
 State. , , „ •„ J . 
 
 "Having consulted with the Governor you will proceed to 
 Lockport, or wherever else the trial rnay be holdeii, and lurnish 
 the prisoner's counsel with the evidence of which you will be 
 in possession material to his defence. You wil see that he 
 liave skilful and eminent counsel, if such be not already re- 
 tained, and, although you are not desiied to act as counsel 
 yourself, you will cause it to be signified to him, and to tlie 
 gentleman who may conduct his defence, that it is the wish of 
 
 j.--*N «♦ .Ka* !" /».ap« Vii.^ (l«frtp/-/» h*> (ivorrillnil hv flip 
 
 court in which he shall be tried, proper s'cpsbe taken immedi- 
 ately for removing the cause, by writ of error, lo the Supreme 
 Court of the United ft^tes. 
 
 "The President hope« that ynu will use suth despatch as' to 
 make your arrival at Uie place of trial eure before the trial 
 
 comes on; and he trusts you will keep him informed of what- 
 ever occurs by means of a correspondence through tliH De- 
 partment." . 
 
 A cwpy of these instructions, as I have said, were 
 delivered to Mr. Fox at the time they were written. 
 At the same moment they were delivered lo the 
 new Attorney General, [Mr. Crittenden,] who, thus 
 equipt with written directions for his guide, and 
 accompanied by an officer of high rank in the 
 United States army, [Major General Scott,] imme- 
 diately proceeded on the business of his mission to 
 the State of New York, and to the place of the im- 
 pending trial, at Lockport. About forty days 
 thereafter, namely, on ih-; 24lh day of April, Mr. 
 Webster replies to Mr. Fox's letter of the 12th of 
 March; elaborately reviews the case of McLeod— 
 justifies the instructions— absolve.'! the subject— and 
 lemands nothing from the sovereign who had as- 
 sumed his offence. 
 
 Thus what I had said on the evening of the 4th 
 of March had come to pass. Underhanded springs 
 had been set in motion to release the man; a let- 
 ter was afterwanis cooked up to justify the act. 
 
 This, sir, is the narrative of the ca.se — the histo- 
 ry of it down to the point at which it now stands ; 
 and upon this case I propose to make some re- 
 marks, and, in the first place, to examine into the 
 legality and the propriety of the mission in which 
 our Attorney General was employed. I mean this 
 as a preliminary intjuiry, unconnectpd with the ge- 
 neral question, and solely relating to the sending 
 of our Attorney General into any Slate to interfere 
 in any business in its courts. I believe this mis- 
 t^ion of Mr. Crittenden to New York was illegal 
 and improper — a violation of our own statutes, 
 and will test it by referring to the law under which 
 ihe office of Attorney General was created, and ihe 
 duties of ihe officer defined. That law was 
 passed in 1789, and is in these words: 
 
 " And thero shall also be appointed a meet person, learned 
 in the law, to act as Attorney Caneral of the United S'atcs, who 
 shall be sworn, or atliinvid, to a faithfulcxeculion of his olhce; 
 whose duty it shall bo to prosecute and conduct all suits in the 
 Supreme Court in which the United States shall be concerned, 
 and to give his advice and opinion upon questions of law, when 
 required by the Piesident of ih-' United States, or when re- 
 quested by any of the lieads of the Departments, touching any 
 matters that may concern their depart menti;; and shall receive 
 such compensation Ibr his swrviccs as shall be by law provided." 
 
 Here, saiti Mr. B. are the dutie-s ot the Attorney 
 GenerBl. He is subject to no!orders whatever from 
 the Secretary of State. That Secretary has nothing 
 to do with him except to request his legal advice 
 on a matter which concerns his department. Ad- 
 vice on a question of municipal law was doubtless 
 what was intended; but no advice of any kind 
 seems to have been asked of the Attorney Gene- 
 ral. He seems to have been treated &s the official 
 subordinate of the Secretary— as his clerk or 
 
 messen'^tr and sent oil' with "inj«ruc^to«s" which 
 
 he was to read and to execute. This was certainly 
 an illegal at;samption of authority over the Attor- 
 ney General, an assumption which the statute dees 
 not recognise. In the next place, this officer is sent 
 into a State court to asssist at the de'ence of a per- 
 son on trial in that court for a violation of the 
 State laws, and is directed to employ eminent and 
 skilful cuun•^e^lorhim— to furnirh him vvtiii evi- 
 dence— to suggest a change of venue — and to lake a 
 writ of error to the Supreme Court of the United 
 Slates, if the defence of the prisoner be overruled 
 
 w I 
 
 by the Slat 
 
 "Court by th 
 
 the w:it, it i 
 
 General is t 
 
 not to prosi 
 
 States, but 1 
 
 clear that a 
 
 torney Geni 
 
 and injurioi 
 
 tible wiih h 
 
 to bring the 
 
 vernment ii 
 
 under prose 
 
 of its citizui 
 
 duced the C 
 
 ly infurmei 
 
 .General of 
 
 prosficutc tl 
 
 Attorney G 
 
 same placi: 
 
 Attorney G 
 
 to Mr. Grit 
 
 coun.sel hii 
 
 not so to 1 
 
 gal and 
 
 carry the 
 
 public by 
 
 'pose the ! 
 
 do so; ant 
 
 Court of 1 
 
 that outrigl 
 
 prosecuting 
 
 X hold it t( 
 
 haii; been il 
 
 businei^s; ti 
 
 pense that 
 
 have pron 
 
 again.?t law 
 
 'York have 
 
 thisinierfei 
 
 and in teres 
 
 brought a t 
 
 for the des 
 
 /gratuitouvl 
 
 instruction! 
 
 suit cannoi 
 
 as illegal ii 
 
 first, as it ( 
 
 ,who was SI 
 
 go; next, ai 
 
 interfering 
 
 thirdly, as 
 
 who have 
 
 suit is decl 
 
 I now pi 
 
 quiry in th 
 
 answer givi 
 
 and Us con 
 
 lure U! elf an 
 
 ' I look u 
 
 to Mr. Cri 
 
 to Mr. Foj 
 
 and I de( 
 
 dated fortj 
 
 ♦piece— sn 
 
 for Buncoi 
 
 constituenl 
 
 for the E»| 
 
 
J of whnl- 
 h tins I»e- 
 
 m\, were 
 ! written, 
 d to the 
 :ho, thus 
 lide, and 
 k in the 
 ,] imrae- 
 iission to 
 if the im- 
 ty days 
 iril, Mr. 
 e 12th of 
 IcLeod — 
 iect— and 
 bad as> 
 
 af the 4ih 
 ;d springs 
 in; a let- 
 e act. 
 •the hislo- 
 w stand? ; 
 some re- 
 e into the 
 
 in which 
 mean this 
 th the ge- 
 e sending 
 ) interfere 
 
 this mis- 
 as illegal 
 1 btatules, 
 der which 
 d, and ihe 
 
 law was 
 
 rson, learned 
 IS'atca, who 
 of his ollice; 
 I suits in the 
 le concerned, 
 of law, when 
 or when re- 
 ouching any 
 shall receive 
 w provided." 
 
 ! Attorney 
 lever from 
 las nothing 
 ?al advice 
 lent. Ad- 
 s doubtless 
 any kind 
 rney Qene- 
 the official 
 1 clerk or 
 ons" which 
 IS certainly 
 the Atlor- 
 itatute dees 
 (Ticerissent 
 ;e of a per- 
 ion of the 
 minent and 
 a vvtiii cvi- 
 Dd to lake a 
 the United 
 e overruled 
 
 by the Slate court. If brought to the Supreme 
 'Court by this writ of error — a novel application ot 
 the w:it, it must be admitted — then the Attorney 
 General is to appear in this court for the prisoner, 
 not to prosecute him in the name of the United 
 States, but to dismiss the writ. Now, it is very 
 clear that all this is foreign to the duty of the At- 
 torney General — foreign to his office — disrespectful 
 and injurious to the State of New York — incompa- 
 tible with her judicial independence — and tending 
 to bring the General Government and the State Go- 
 vernment into collision, McLeod, a foreigner, is 
 under prosecution in a State court for the murder 
 of itsi citiz«n'>; the importance of the case has in- 
 duced the Governor of the State, as he has official- 
 ly informed Us Legi:?lalure, to direct the Attorney 
 .General of the State to repair to the spot, and to 
 prosecute the prisoner in person; and here is the 
 Attorney General of the United States sent to the 
 same placn to defend the same person against the 
 Attorney General of the State ! The admonition 
 to Mr. Crittenden, that he wa*; not desired to act as 
 counsel himself, was an admissiion that he ou^ht 
 not so to act — that all he was doing was ille- 
 gal and improper — and that he should not 
 carry the impropriety so far as to make it 
 public by making a speech. He was to op- 
 'pose the State without publicly appearing to 
 do f-o; and, as for his duty in the Supreme 
 Court of the United States, he was to violate 
 that outright, by acting for the accused, instead -of 
 prosecuting for the United States! From all this 
 .1 hold it to be clear, that our Attorney General 
 has; been illegally and improperly employed in this 
 businei^s; that all that he has done, and all the ex- 
 pense that he has incurred, and the fee he may 
 have promised, are not only without law but 
 against law; and that the rights of the State of New 
 'York have not ifwly been invaded and infringed in 
 this interference in a criminal trial, but that therishts 
 and interestsof the owners of the Caroline, who have 
 brought a civil action against McLeod for damages 
 for the destruction of their property, hare been al.-o 
 /gratuilouily assailed in that part of the Secretary's 
 instructions in which he declares that such civil 
 suit cannot be maintained. I consider the mission 
 as illegal in itself, and involving a triple illegality, 
 first, as it concerns the Attorney General himself, 
 ,who was sent to a place where he had no right to 
 go; next, as it concerns the State of New York, as 
 interfering with her administration of justice; and, 
 thirdly, as it concerns the owners of the Caroline, 
 who have sued McLeod for damages, and whose 
 suit is declared to be unmaintainable 
 
 I now proceed, Mr. President, to the main in- 
 quiry in this case, the correctness and propriety of the 
 answer given by our Secretary of Slate to Mr. Fox, 
 and its compatibility with the honor, dignity, and fu- 
 ture welfare of this Republic. 
 
 ' I look upon the "instructions" which were given 
 to Mr. Crittenden, and a copy of which were sent 
 to Mr. Fox, as being the answer to that Minister; 
 and I deem the letter entitled an answer, and 
 dated forty days afterwards, as being a mere after- 
 ^piere— sn article for home consnmption — a speech 
 for Buncombe, as we say of our addresses to our 
 constituents — a pleading intended for us, and not 
 for the English, and wholly designed to excuse and 
 
 defend Ihe real answer so long before, and so 
 promptly given. I will give some attention to thij., 
 so called, letter, before I quit the case; but for the 
 present my business is With the "insiruc/iwi.'?," a 
 copy of which being delivered to Mr. Fox, was 
 THE ANSWER to his DEMAND; and a« sucU 
 was transmitted to iho British Government, and 
 quoted in the House of Commons as being entirely 
 satisfactory. This quotation took place on the 6th 
 day of May, several days before the, so called, 
 letter of the 24lh of April could possibly have 
 reached London. Lord .Tuhn Rassifll, in answer 
 to a question from Mr. Hume, referred to these in- 
 structions as being satisfac'ory, and silenced all 
 further inquiry about the atlair, by showing that 
 they had all they wanted. 
 
 1 hold these instructions to have been erroneous, 
 in point of national law, derogatory to us in point 
 of national character, and tending to the fulura 
 degradaiion and injuiy of this Republic. 
 
 That the Secretary ha;^ mistaken the law of the 
 case in consenting to the release of McLeod is per- 
 suasively shown by referring to the opinions of the 
 two Houses of Cungrci^s tn January last. Their 
 opinions we.c then unanimous in favor of Mr. 
 Forsyth's answer; and that answer wa.« a peremp- 
 tory refusal either to admit that McLeod ought to 
 be released, or to interfere in his behalf with the 
 courts of New York. The reasons urged by Mr. 
 Fox in his letter to Mr. Forsyth for making the 
 demand, were precisely the same with those subse- 
 quently given in the letter to Mr. Webster. The 
 only difference in the two di.-mands was in the for- 
 mality of the latter, being under instructions from 
 hi< Government, and in the threat which it con- 
 tained. In other respects the two demands were 
 the same; so that, at the outset of this inquiry, we 
 have the opinions of the Secretary of State, the 
 Attorney General, and the body of their Iriends iu 
 the two Houses of Congress to plead against them- 
 selves. 
 
 I next refer to the arguments which have been 
 used by my friend^; who have preceded me, e^pe- 
 (ially the opening spuech of the Senator from 
 Pennsylvania, [Mr. Bw chanan,] and his pertinent 
 and conclu'->ive quotation from Vattel. The whole 
 argument was close and pointed; and the quotation 
 was absolutely irresistible. It was in these words : 
 
 "However, as jt is impossible forlhe best regulated Stale, or 
 for the most vigilant and absolute sovereign to model at his 
 pleasure all the actions of his subjects, and to confine them on 
 every occasion to the most exact obedience, it would be unjusi. 
 to impute to the nation or the sovereign every fault committed 
 by the citizens. We ought not, then, to say, in general, that we 
 have received an injury from a nation, because we have re- 
 ceived it from one of its members. 
 
 "But if a nation or its chief approves and ratifies the act of 
 the individual, It then becomes u public concern, and the in- 
 jured party is then to consider the nation as the real author of 
 the injury, of which the citizen was, jierhaps, only the instru- 
 ment. 
 
 "If the offended Slate has in her power the individual le ho 
 has done the injury, she may, without scruple, bring him to 
 justice, and punish him. If ho hascscapecf, and returned to 
 his owp country, slie ought to apply to lus sovereign to have 
 juslir.e done in the case." 
 
 This is the case before us. The malefactor is 
 taken, and is in the hands of justice. His imputed 
 crime is murder, arson and robbery. His Govern- 
 ment, by asjvirr.ing his crime, cannot absolve his 
 guilt, nor defeat our right to try and punish him 
 according to law. The assumption of his act only 
 adds to the number of the culpable, and gives u 
 
an additional offender m deal with «hem, if we 
 chuo.sc. Wi5 may proceed agaiubt one or both; 
 but to pive up the individual when we have him, 
 without redress from the nation, which justifies 
 him, is to throw away the advantage which 
 chance or fortune has put into our hands, and to 
 make a virtual, if not actual surrender, of all claim 
 to redress whatsoever. 
 
 The law of nations is clear, and the law of the 
 patriot heart is equally clear. The case needs no 
 book, no more than the hanjiing; of Arbnthnot and 
 Ambrii-ter required the justirication of books when 
 General Jackson was in the hammocks and 
 marshoi of Florida. A band of foreign volunteers, 
 without knowing what ihey were going to do, but 
 ready to follow their fiie leader to the de- 
 vil, steal across a boundary river in the night, 
 Mtack unarmed people asleep upon the soil, and 
 under the flag of their country; give no quarter — 
 make no piisoners— distinguish not between young 
 and old — innocent or guilty — kill all— add fire to 
 the sword — send the vessel and its contents over 
 the falls in flames — and run back under cover of 
 the same darkness wh-ch has concealed their ap- 
 proach. All this in time of peace. And then to 
 call this an act of war, lor which the perpetrators 
 are not amenable, and for which redress must be 
 had by fighting, or negotiating with the nation to 
 which they belong. This is abburd. It is futile 
 and ridiculous. Common sense condemns it. The 
 heart condemns it. Jackson's example in Florida 
 condemns it ; and we should rende.r ourselves con- 
 temptible if we took any such weak and puerile 
 course. 
 
 Mr. Fox no where says this act was done by the 
 sovereign's command. He shows, in fact, that it 
 was not so done; and we know that it was not. 
 It was the act of volunteers, unknown to the Bri- 
 tish Government until it was over, and unassumed 
 by them for three years after it occurred. The 
 act occurred in December, 1837; our minister, Mr. 
 Stevenson, demanded redress for it in the spring 
 of 1833. The British Government did not then 
 assume it, nor did they assume it at all until Mc- 
 Leod was caught. Then, for the first time, they 
 assume and justify, and evidently for the mere 
 purpose of extricating MiL'od. The assumption 
 is void. Governments cannot assume the crimes 
 of individuals. It is only as a military enterprise 
 that this offence can be assumed; and we know 
 this affair was no such enterprise, and is not even 
 represented as such by the British minister. He 
 calls it a "transaction " Three times in one para- 
 graph he calls it a "transaction-,''^ and whoever 
 heard of a fight, or a battle, being characterized as 
 a transaction] We apply the term to an affair of 
 business, but never to a military operation. Huw 
 can we have a military operation without war? 
 without the knowledge of the sovereign? without 
 the forms and preliminaries which the laws of na- 
 tions exact? This vraa no military enterprise in 
 form, or in substance. It was no attack upon a 
 fort, or a ship of war, or a body of troops. It wae 
 
 ~« o»to/>V nf wnlftiprc iinnn erilrliprs hilt nf assassins 
 jj.^. ,,,,..;... --- --1 — ^ — ^ , — ' 
 
 upon the sleeping and the defenceless. Our Ame- 
 rican defender.^ of this act go beyond the British in 
 exalting it into a military enterprise. They take 
 diff"erent ground, and higher ground, than the Bri- 
 
 tish, in setting up that defencp; and are just as ^ 
 wrong now as they were in the case of Arbuthnot 
 and Ambrister. 
 
 Incorrect in point of national law, I hold these 
 instructions to have been derogatory to us in point 
 of national character, and given with most precipi- 
 tate haste when they should not have been given ' 
 at all. They were given under a Ibrmal, delibe- 
 rate, official threat from the minister; and a thou- 
 san^l unofficial threats from high and respectable 
 sources. The minister say.*: 
 
 "But, be ttiat aa it may, her Majesty's Govemmmlformally ' 
 (kmunil, n\>m\ the grounds already stated, the inimcdiale tu- 
 icasioor Mr. McLeoi4; and lier Majesty's Government eiilrcal 
 ihe President oj" ilic United States to take into his most dnii/ie- 
 rale cunsidcration the serious nature of the oonseqiience.s 
 which luusten.-iue Iroin n rejection of this demand." 
 
 Nothing could be more precise and formal than . 
 this demand— nothing more significant and palpa- 
 ble than this menace. It is such as should have 
 prevented any answer — such as should have sus- 
 pended diplomatic inlercour.':e — until it was with- 
 drawn. Instead of that, a most sudden and preci- 
 pitate answer is given; and one that grants all that ' 
 the British demanded, and more too; and that with- 
 out asking any thing from them. It is given with 
 a haste which seams to preclude the possibility of 
 regular deliberation, cabinet council, and official 
 form. The letter of Mr. Fox bears date - 
 the 12ih of March, which wa.s Friday, and may 
 have been dolivered in office hours of that day. 
 The insiruciion to Mr. Crittenden was delivered 
 on the 15ih of March, which was Monday, and a 
 copy delivered to Mr. Fox. This wa's the answer . 
 to the demand and the threat; and thus the answer 
 was given in two days; for Sunday, as the lawyers 
 call it, is dies non; that i.s to say, no day for busi- 
 ness; and it is hardly to be presumed that an Ad- 
 ministration which seems to be returning to the 
 Church and State times of dueen Anne, had the * 
 office of the Department of State open, and the 
 clerks at their desks on Sunday, instead of being 
 in their pews at church. The answer, then, was 
 given in two days; and this incontinent haste to 
 comply with a threat contrasts wonderfully with . 
 the delay — the forty days' delay — before the letter 
 was written which was intended for home con- 
 sumption; and which, doubtless, was considered 
 as written in good time, if written in time to be 
 shown to Congress at this extra session. 
 
 Sir, I hold it to have been derogatory to our na- 
 tional character to have given any answer at all, 
 much less the one that .vas given, while a threat 
 was hanging over our heads. What must be the 
 effect of yielding to demands under such circum- , 
 stances? Certainly degradation — national degrada- 
 tion — and an encouragement to Great Bri tain to con- 
 tinue her aggressive course upon us. That nation 
 is pressing us in the Northeast and Northwest; she 
 is searching our ships on the coast of Africa; she 
 gives liberty to our slaves wrecked on h^r islands 
 in their transit from one of our ports lo another; 
 she- nurtures in London the societies which pro- 
 duced the San Domingo insurrection, and which 
 are nrenaring a similar in.'surrer.lion for us: and 
 she is the mistress of subjects who hold immense 
 debts against our States, and for the payment of 
 which the national guarantee, nr the public lands, 
 are wanted. She has many point? of ag 
 
 gresive cc 
 
 "oi this ti 
 of McLeo 
 affair of t 
 what is th 
 press us a 
 
 , must incrc 
 encroachq 
 mission t( 
 and war r 
 would ha\ 
 
 » of many 
 none mor 
 nation of I 
 had rainjs 
 timidity h; 
 
 . all the ca 
 the disgrai 
 insult. T 
 long, cowf 
 and cringi 
 and, as a 
 
 "■ sage from 
 the conseq 
 from his j 
 insults up( 
 nued the ' 
 
 « tion, and ( 
 
 which rag 
 
 America, 
 
 blood ant!l 
 
 "Tliemer 
 rages; the na 
 
 ' geance; but 
 rous, He k:i 
 cutties as mi 
 treasure whi 
 that case be 
 that machlni 
 longer move 
 
 • and the 'imp 
 nance of the 
 ment against 
 derations, he 
 to obtain son 
 gotiations, ir 
 as animated 
 
 , encauraged i 
 of the Britisl 
 
 Such is 
 and how c 
 it! Unde 
 cold, phlei 
 
 ' conduct o] 
 He wante 
 and negh 
 want the 
 domeurs t( 
 
 V forts and i 
 tisfaction 
 the same, 
 paralyied 
 so is ours 
 to Mr. f 
 
 ' accumula 
 universal 
 elevation 
 country, a 
 WaHols I 
 
 » Britiishari 
 cal offence 
 Pitt— .the 
 ud succe; 
 
I are just as ^ 
 oi Arbuthnot " 
 
 , I hold these 
 lo us in point 
 most precipi- 
 e been given ' 
 ormal, delibe- 
 ; and a thou- 
 d respectable 
 
 mmenl formally 
 e immediate re- 
 ernment eiiircai 
 his most dnli/ie- 
 lie ooriseqiiencea 
 and." 
 
 d formal than . 
 ,nt and palpa- 
 > should have 
 uld have sus- 
 
 it was with- 
 len and preci- 
 c;rants all that ' 
 and that with- 
 L is given with 
 
 possibility of 
 , and ofhcial 
 : bears date - 
 ay, and may 
 •s of that day. 
 Evas deliverfid 
 [onday, and a 
 I's the answer . 
 lus the answer 
 as the lawyers 
 Jay for busi- 
 l that an Ad- 
 urning to the 
 Anne, had the * 
 )pen, and the 
 tead of being 
 er, then, was 
 nent haste to 
 iderfully with . 
 ;fore the letter 
 )r home con- 
 as con*:idered 
 in time to be 
 on. 
 
 ory to our na- 
 answer at all, 
 while a threat 
 at must be the 
 r such circum- , 
 tional degrada- 
 Britain to con- 
 That nation 
 STorthwest; she 
 of Africa; she 
 on h^r islands ' 
 )rts ro another; 
 ics which pro- 
 on, and which 
 )n for us: and 
 hold immense ^ 
 le payment of 
 e public lands, 
 lointa of ag 
 
 gresive contact upon us; and what ii the effect 
 'of this tame submission — this abject surrender 
 of McLeod, without a word of redress lor the 
 affair of the Caroline, and under a public threat— 
 what is the effect of this but to encourage her to 
 press us and threaten us on every other point? It 
 must increase her arrogance, and encouiage her 
 encruachmenii^, and induce her to go on until sub- 
 mission to further outrage becomes impossible, 
 and war results from ihe cowardice which courage 
 would have prevented. On this head the history 
 of many nations is full of impressive lessjM.", and 
 none more so than that of Great Britain. It is a 
 nation of brave people; but they have somotimes 
 had minjsteis who were not brave, and whose 
 timidity has ended in involving their country in 
 all the calamities of war, after subjecting it to all 
 the disgrace of pusillanimuus submission to foreijin 
 insult. The admin isiraiion of Sir Robert WKlpoIe, 
 long, cowardly, and corrupt — tyrannical at home 
 and cringing abroad— v-as a sigQal instance of this, 
 and, as a warning to ourselves, I will read a pas- 
 ' sage from English history to show his conduct, and 
 the consequences of it. I read from Smollct, and 
 from his account of the Spanish depredations, and 
 insult* upon English suhjeats, which were conti- 
 nued Ihe whole term ot Wa),)oles'.i administra- 
 tion, and ended in bringing on the universal war 
 which raged throughout Europe, Asia, Afric, and 
 America, and cost the English people bo much 
 blood anti treasure. The historian says: 
 
 "The merchanis of England loinlly complained of tjies'e out- 
 rages; the nation was lircd with resentment, and cried lor ven- 
 geance; but the minister appeared cold, phlegmatic, and timo- 
 rous. He knew that a war would involve him in such diffi- 
 culties as must of necestiity endanger his administration. The 
 treasure which he now employed for domestic purposes must in 
 that case be expended in niiliiary armaments ; the wheels of 
 that machine on which he had raised his influence would no 
 longer move; the opposition would ofconsequence gain ground, 
 and the 'imposition of fresh taxes, necessary for the raamie' 
 nance of the war, would fill up ilie measure of popular resent 
 ment against his person and ministry. Moved by these consi- 
 derations, he industriously endeavored to avoid a rupture, and 
 to obtain some sort of satisfaction by dint of memorials and ne- 
 gotiations, in which he betrayed his own fears to Bucb a degree 
 as animated the Spaniards to persist in dieir depredations, and 
 eneauraged the court of Madrid to disregard the remonstrances 
 of the British Ambassador." 
 
 Such is the picture of Walpole's foreign policy; 
 and how close is the copy we are now presenting of 
 it! Under the scourge of Spanish outrage, he was 
 cold, phlegmatic, and timorous; and such is the 
 conduct of our Secretary under British outrage 
 He wanted the public treasure for party purposes, 
 and neglected the public defences: our Ministry 
 want the public lands and the public money for 
 douceurs to the States, and leave the Union without 
 forts and ships. Walpole sought some sort of sa- 
 tisfaction by dint of negotiation; our Minister docs 
 the same. The British Minister at Madrid was 
 paralyzed by the timidity of the Cabinet at home; 
 so is ours paralyzed at London by our submission 
 to Mr. Pox here. The result of the whole was, 
 accumulated outrage, coalitions against England, 
 universal war, the disgrace of the Minister, and ths 
 elevation of the man to the highest place in his 
 country, and to the highest pinnacle of glory, whom 
 WAajnojo l^f^d disHfii-R-cpd ^'"o*** thw lowe*C *^lsce 'n the 
 British army — that of cornet of horse — for the politi- 
 cal offence of voting againsthim. The elder William 
 Pitt — the dismissed cornel — conducted with glory 
 and success the war which the timidity of Walpole 
 
 begat; and, that the smallent circuniilaiicea mi^ht not be want- 
 ing to the compltitenesti of ihu|iarullcl, uur priuw nnni.iirr licre 
 has commenced Ills career with iBHUing an order lor irmiing 
 onr miliiHry and ii.-ival ollicers as Pitt was treated by Wulpolu , 
 and for iho same idcnlinal (.iVence. 
 
 riir, I consider the inatruciiorii to Mr. Crittenden as most un- 
 fortunate and deplorable. Tlicy have sunk the uiiiionul cha- 
 racter in the eyes of England and of Europe. They have 
 lost us the respect wliich we j-'i'i'iedby the late \y:ir, and hy 
 the glorious adminisitraiion of Jackwin. They bring u.i inut 
 contempt, and encourage the hauE-luy Britiah to push us to cx- 
 treinillcs. VVu shall feel the ellect ol this deplorahlu diplomacy 
 in our imjjending controversies with that people; and liii|)py 
 and fortunate it will be for us if, by correcting our erroi, re- 
 tracing our 8tei>8, recovering our manly a'titude, di.-fcarding our 
 distribution schemes, and preparing lor war, we shall be able 
 thereby to )irevent war, ami lo preserve our righiH. 
 
 1 have never believed our English diHiculties free from 
 danger. I have not spoken upon the Noithcastcrn cpiegtion^' 
 but the Senator from that Siato who sits on my right(lookini 
 at Henaior Williams) knows my oinnioii. He knows ihate 
 have I'jng believed thai nothing could save the rights of Mainu 
 liKt Ihe war coiintrnunee of uur (Jovernment. Preparatioe. 
 for war might prevent war, and sivc the rights of the Stat - 
 This lias been my opionion; and to that point have all my la 
 bors tended. I have avoided speeches; I have opposed all dis- 
 tributions of land and money; i have gone lornhip.-', Ibrta and 
 cannon— the «/?(>/(« 7-(t(w of Republics as well as kings. I go 
 lor them now, and declare it as my opinion that the only way i'> 
 obtain iMir righiH, and to avoid eventual war with Enghind, is 
 to abandon all schemes of disiriluiiion, and to convert our pub- 
 lic lands and surplus revenue, when wo have it, into cannon, 
 Bhip:J, and forts. 
 
 hard pressed on the instructions to Mr. Crittenden— pro- 
 strate and defenceless there — the gentlemen on the other side 
 take refuge under the letter to Mr. I''ux, and celebrate the har- 
 mony of its periods, and the beauty of lis compo.sitlon. 1 
 crant its merit in these particulars. I adudt the beauty of the 
 stylo, though attenuated into gossamer Ihiniiepa and liliipntiau 
 weakness." lagreeihat the Secretary writeswell. ladniithis 
 ability oven to compose a prettier letter in less than lorly days. 
 But what has all this to do with the question of right and wrong 
 —of honor and shame — of war and fie.ioe— with a forei(-'ii Go- 
 vernment? In a contest of rhetoricians, it would indeed lie im- 
 portant; but in the contests ofnaiio.'sit dwindles into insigni- 
 ficance. The statesman wants knowledge, firnuies,---, patriot- 
 ism, and invincible adherence to the rights, honor, und inte- 
 rests of his country. These are the charactt-ristirs of the 
 Btatestnan; and tried by llieae tests, what becomes of this letter, 
 so encominstically dwelt upon lierc"? Its knowledge is shown 
 by a mistake of the law of nations— its firmness, by"^ yielding to 
 a threat— its patriotism, by taking the [lart of lortigncrs— its 
 adherence to the honor, rights and interestsjof oiirow)i country, 
 by surrendering McLeod without receiving, or even demand- 
 ing, one word of address or apology lb' the outrage upon the 
 Caroline! 
 
 The letter, besides its fatal concessions, is deficient in manly 
 '.one— in American leeling — in nerve— in force— in resentment 
 of injurious imputations— and in enforcement of our just claims 
 Co redress for blood spilt, territory invaded, and fi. ; insulted. 
 
 The whole spirit of the letter is feeble and deprecatory. It. 
 does not repel, but begs ofT. It does not recriminate, but de- 
 fends. It does not resent insult— not even the audaciou.s threat 
 — which is never once complained of, nor even alluded to. 
 
 This letter is every way an unfortunate production. It doea 
 not even show the expense and trouble we took to prevent our 
 Citizens from crossing the line and joining the Canadian insur- 
 gents. It does not show the expense we were at in raising a 
 newregiment of infantry expressly for that service, (several 
 /oices said yos, yes, it mentions that.) Good, let it be credited 
 dcoordlngly. But it does not mention tha appropriation of 
 8050,000"made at one time for that object: it does not mention 
 the numerous calls upon the militia authorities and the civil 
 authorities along the line to assist in restraining our people; it 
 does not mention the arrests of persons, and seizures of arms, 
 which we made; it does not mention the prosecutions which wb 
 instituted; it does not show that for two years we were at great 
 expense and trouble to restrain our people; and that this ex- 
 pjnse and trouble was brought upon by the excitement pro- 
 duced by the aflair of the Cai-oline. The British br'/Ught us aa 
 immenee expense by that alTair, for which they vender us no 
 thanks, and the Secietary fails to remind them. The letter does 
 not repel, with the indignant energy which the declaration re- 
 quired, that we had "permitted" our citizens to arm and joia 
 the insurgents. It repels it, to be sure, but too feebly and 
 gently, and it omits altogather what should never be lo.st sight 
 of in this case, that the British have taken great vengeance on 
 our people for their rashness in joining lliisiavoR. Ureat num- 
 bers of them were killed in action; many were hanged; and 
 many were transported to the extremities of the world — to Van 
 Dieman's land, under the antarctic circle— where they pine 
 out a miserable existence, far, far, and forever removed Irom 
 removed from kiadi°ed, home and friends. 
 
8 
 
 'riio (iiiill.Kil ilic l«»ll(>rarc (iimliminlnl and rmlical— «ich as 
 iioljeftiiiy ol corii|K>Hiil(iii, nu iroprn and ligureiii no (lowers ol 
 rlit'toric, can bnliinc<! or ijIiwh over. Tlie oliJeciioiiH go to iin 
 spintnndfliibsiaiicn — to t'rroroort'.ictnnd law--to 'm iunie,.ipsrt 
 uihI tiniidiiy— and lo lin IiHhI oiniHHiori lo rlomiinilredreHrt rr(.ni 
 tin: llrili-h (ioverrunt'tii forl'jc! ontniijoon ihetJarolniD, wliicli 
 Ih;u (JoviTinntMit has now niuinini)d. Hlio Iibm now a«ainncd 
 that uuirut;c lor ilio I'uhi lime— ;iH»iiimcd ii after iliroo yonr.t ol 
 nileiice; and, in itie aMNnniplion, olPirs not one word nf apology 
 orulconsolHiion lo onr wounded (t'cliniin. Hliec.laj)^ her arms 
 akimbo, and avowH the oUrnr.c; and our Secretary, in his lon(? 
 and beantiliil lelier, firiiUi no place to Jnnert a ileinand for ibis 
 uHdnnicdouliMgn. lie given up ibe BUlijert, and demand:! no- 
 lliin',' of the sovureicn. lie lein L'oilie servant, and iIucb not lay 
 hnlil oftbe inasier. This ii a crievoiis omicninn. It m lania- 
 inoinii to asiin-ender of all claim for any redress of any kind. 
 Mcl.i'od, the perpi'irator, is i»iven up: he Iri given up wiiboui 
 coiidnioiis. The b'liL'lish (iovernment assume Ilia olVenco — de- 
 mand bin releasi- -oMIt us no .'■■alibfuclion, and we sive him up, 
 and ask no satisfaction ! The letter demands notbintr— literally 
 iiotbin!?; and in that respeci depiades us as much as the Burron- 
 dei' upon a threat hadjdeifi'adeil ns. 
 
 This is a nioni material point, a. id f mean to make it clear. I 
 mean to show that the Secretary, in giving up the alleijed in- 
 Btriimont, has demanded notliir.!? from the aasiiminsi superior; 
 and ibis I will do him the justice to thow, by roadini; from his 
 own letter. I have examined it carefully, and ca.i find but two 
 plnce.s where iIk! slighieHi anproacb is made, not even lo ti de- 
 mand for redress, but lo ih^ susgeslioii of an intimation of a 
 wish on oiir sido ever lo hear the name of ihe'CJaroline inen- 
 tioncil again. These two places arc on the two concluding 
 pages of ilio letter If there are others, let centlemen point 
 ihem out, and they shall be read. The two pa.ra"raphs 1 dis- 
 cover are these: 
 
 "The undersiirncd trusts, that when her IJrilannic Majesiy's 
 Government shall present the L'roiinds, iit leiiL'th, on winch 
 they ji.stily the local antlioritie.,"of Canada, in aitackinc and 
 dcstroyiiii; the 'Caroline,' tliey will coriMiiler that the laws of 
 the United States are sucli as the inidersisned h:is now rcfire- 
 sented them, and that the Ooverntnent oftho United .States h;is 
 always nianilesKMl a sincere dii:|)ositioii to see those laws ef- 
 fectually and impartially adininisteivcl. If there have been 
 cases in which individuals, justly oono.vious to puidshmenl, 
 have escaped, this is no inoru than happens in regard to other 
 laws." 
 
 • •••., , , 
 
 "The President instructs tho undeisiaiivd tn say, in conclu- 
 sion, that be confidenily trusts that this, and all other questions 
 of dillerence between the two Governments, will bo treated by 
 both in the full exercise of such a spirit of candor, justice, anil 
 mutual respect, as shall give assurance of the long continuance 
 of peace between the two coimtrii's-"' 
 
 This is all thiit 1 can see that looks to the po.-'sible contingency 
 of any future allusion to the case of the Caroline. Certainly 
 nothing could be a more complete ahandonine:it of our claim to 
 redress. Tho first paragrajih £,'nes no fui-iiii.i- than to "//•u.i/" 
 that the grounds may be presenteil which ''JHitifi/"—a. strange 
 word in such a case— the local aiitbnrities in attacking and dr- 
 stroying thisves.»el; and the second buries it all up, by defer- 
 ring it 10 the general and peaceful geitlement of all other cpies- 
 tioiis and dirt'erences beiweenthetwo coimtiies. Certainly this 
 is a farewell silutaiion to the whole atfair. It is the parting 
 word, and is evidently so understoud hy the British Miniatryl 
 They have taken no notice of this beautiful letter; they have 
 returned no answer to it, nor even acknowledgeo its receipt 
 The Ministry, the Parliament, ■and the Press in England, pro- 
 fess themselves satisfied. They cease to speak of "the affair- 
 and the miserable Caroline, i)lunging in flames over the fright- 
 ful cataract, the living and the dead on board, i.^^ treated asa 
 gone-by proce.ssion, which has lost its interest forever. 
 
 It is vain for gentlemen to point to the parasrraph, so pow- 
 erfully drawn, which paints the destruction of this vessel, and 
 the slaughter 01 the innocent as well as the guilty asleep on 
 board of her. That paragra47jj affgravates the demerit of the 
 letter; for, after so well showing the enormity of the wrong, and 
 our just title to redress, it abandons the case without leniiiring 
 the sligntest atonement I 
 
 But gentlemen point to a phrase in the letter, and quote it 
 with tiiumph,a3 showing courage and fight in our Secretary. 
 They point to the phrase, ''bloody and exasperated toar," and 
 consider this phrase as a cure for every delect. But how did 
 Mr. Fox consider It? as a thing to quicken him, or the British 
 Orovernmenilasan inducement or stimulus to hasten an atone- 
 ment for the outrage which they had assumed? Not at all. Far 
 from It. Mr. Fox did not take fright, and answer in two days, 
 nor in forty; nor has he answered yet; nor will he ever answer 
 whde such gentle epistles are written to him. The "bloody 
 eri«g^-.esp?ni?s« fear," which is here ^.tiadowed forth, is too 
 feebly and pomtlessly exhibited to make any impressinn 
 on the minds ot the English and their minister. Besides ihe 
 capital defect of n(»t stating on what fourth day of July the 
 aforesaid bloody and exasperated war " will chance to be- 
 
 gin, it happFM, ali<o, tube totally detective in notsialini' the con 
 lingency on which it was lo happen, li Is iml said that, il youw 
 do not make redress lor the murage you have aHHiiniid— if we 
 do .lot gel satisfaction for tliix wrou!?— or, If you evrr do mu 'I 
 again— then and in that case this warol blood and r;iun will 
 break mit. Nothing ol llils, nor any thing puinted or taii^ibli*, 
 is saiil in the letter, but only a vngue iniiniaiiou ibat :aii'h oc- 
 currences niay leadlo iIiIn war. The lilile eilect which il had 
 upon the mind of the miiiiHier, and his (iovernment, is bIiowii, 
 by the silent contempt with which they hiive ireulcd ii. Tbjj 
 himouH belter was written <m iliu ^Itb day of April; tlii:< is June, 
 ami to this day no answer has been given to it ! lis receipt has 
 noi even been acknowledged ! 
 
 Unfortunate as this boasted letter is in ro many respects,! 
 has a further sin to answer for, and that is its place, or order — 
 Itt'ColloCiition— in the printed documentwhicli islaidoeloie us,* 
 and in its asstimptioii to enclose the "inntriirlii^iis'' tu .Mr. 
 Fox which had been eniioseil to bin: forty days belore. The 
 letter is printed before the "i«s/n/c/i(uu,'' though written forty 
 ilays after them, and purports lo "encUise" what bad been so 
 long before dclivercil. 'lobe sure all ih.q>npers ar'i correctly 
 datid; ;iiidthe doseohscrver may perceive ibu order tiny ought 
 to take, and that, in fact, they come to us wrong end forcmosi* 
 There may bu smne scenic contrivance— some singe trick in 
 this; but it is accoriling to the nev^ tactics— iliu tactics which 
 put the car' before the horse— and reji'-'als one linaiiciul system 
 before another isesiablisbed. 
 
 Sir, Ibe caseof McLeod is not isidated; it is not a solitary 
 atom, stantiing by itself; but it is a feature in a huge picture — .i 
 link in a long chain. It connecs itself with all the ugL'refsivo 
 conductof Kngland towards this country: her encroachment.s' 
 on the Slate of Maine — her occupation of our territory wn ibu 
 Oregon — her insolence in searching our vessels on the coast of 
 Africa— the confiscation of our slaves, wrecked on her islands, 
 in llieir transit from one port of (Uir countiy lo anollier — her 
 hatching injl.ondon for our Southern States what was hatched 
 there above Iwrty years ago lorSan Uomingn,the iiisurric.tioii 
 of our slaves and the desliuciion of their owners— an'l the' 
 ".t.'iinoiis unotficial intimaiiuiis that tho Union is bound Ibriho 
 ilebts of the Slates. The McLeod ca.se mixes itself with the 
 whole of theyt-; and the success which has attended British 
 threats in his case may bring us threats in all cases, and blows 
 to back lliein — such blows as lie towns ol Syria lately re- 
 ceived from the war steamers of Stcjifoid and Napier. 
 
 Ihe British are a great people— a wonderful people— and can- 
 perform as well as threaten. Occup/ing an i.'-land no larger 
 than oneof our principal States, they have taken possession of 
 the commanding points in the four quarters of the globe, and 
 predominate over an extent id' laml and water compared lo 
 which the greatest of empires- that of Alexander— that of the 
 Roman.i— Ihat of the Call|dis— was nothing but a digit. War 
 is to them a distant occupation. Sonictbing like piracy on a, 
 vast scale, in which Iheirflielsgo forth to ca,nnro at. I destroy, 
 and to return loaded with ihe spoils of plinulered tiatioiis. .Since 
 Ihe lime of William tho Cuuqueror, no hostilo fo-ji has trod 
 their soil; and, safe thus far from the ravages of war at home, 
 they are Ihe more ready to engage in ravages abroad. To 
 strike — to crush — lo plunder— to terrify— and to make peace — 
 is their pidicy and their practice; antl ihcy look upon us, wilh 
 our ri2h towns and defenceh.-s coasts, as a fit subject for these* 
 compendious tactics. We all deprecate a war wiili that peo- 
 ple-none deprecate it more than I do; but we shaU never 
 prevent it by truckling to their threats, and sciuandering the 
 money in douceurs to the Stales which ought lo f,o to the com- 
 mon defence. 'Ihe result of ojr first war will' this people, 
 shows what we could do, when only the fifth of our present 
 numbers, in a seven years' contest. The result of the second' 
 one shows that, at, the end of two years, we can learn to fight- 
 can get our hands in, and begin to conquer-anil, in the event 
 of a third' war, wo to the statesman whoso timid tongue shall 
 cry for peace at the end of two years ! We shall then just be 
 getting readjf to conquer; and two or three years more may 
 give us the victories which will secure to us peace in all time to 
 come. ' 
 
 The Americana are among the bravest people of the earth, 
 and there is nothing which mortals dare which they will not at- 
 tempt when bravely led. Their war history is yet in the womb 
 of lime. Peace is their policy; hut, if much enforced, they 
 shrink not from war. Defence is their first object; but they 
 know how to return visits as well as to receive them. Of all 
 the nations of the earth, the Americans are the people to land, 
 on the coasts of England and Ireland. Tho visits of Idndred 
 have sympathies and afTections which books and laws cannot 
 control. 
 
 As an American citizen, anxious for the peace and prospe- 
 rity of my country, I do entreat this Adminisirction to retrace 
 its steps— to change its policy— to give up its plans of distribu- 
 tion, and of a paper money currency, to fail in the first year of , 
 a war — and to give us ships, forts, and cannon, and the hard mo- * 
 ney currency which our Constituiion'guaranties, and which the 
 history of the world shows to be the only safe currency f»r in- 
 dividuals, or for nations, in peace or in war. 
 
 \ 
 
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 Ctorohto\