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THE CAMDEN JOURNAL. i ?????? [NEW SERIES.] VOL. II. C A.II DEN, SOUTH CAROLINA, WEDNESDAY, 7I1RCII 3, 1841. Mi. lS. ' Published every Wednesday Morning, by THOMAS \V. PEGUES, Publisher of the Lives of the Union. At three dollar# in advA?.?jei tl.ree dollars and fifty cent* In aix months; or four dollars at the expiration of the year. ! '-1-' ?' ? fnr Advertisements iiisertuum 10 ceuis pci ... tha first, and 37 1-2 for each subsequent insortion.? The nunaber of insertions to be noted on all advertise k meats, or they will be published until ordored to be discontinued, and charged accordingly. One dollar per square wiU be charged for a single insertion. 3emi-mq.?inly, Monthly and Qurterly advertise* meats will bo charged the same as new ones each insertion. All Obituary Noticos exceeding six lines, and ?- ???nmm?>ndinir Candidates for pub V'OID'nuiucabiUiio iwv....? =~.? ic Offices of profit or trust?or puffing oxhibitions, will bo charged as ad> ertiscments. Accounts for Advertising and Job Work will be presented for payment, quarterly. UTAH Letters by mail must be post paid to insure punctual attention. POETRY. for the cahiten journal. TO ISABEL. Rose of Camden! By that form. Fulgent'midst the raging storm,? By that face, I then perused, With empyreal hues suffused,? By that Battering, trembling pain. Softly stealing thro' each vein,? By that tremor of the soul, When I felt thy swoet control,? By that cross, i lova 10 see, Of gams not half as pure as thee,? By those smiles, which lured me 'till I loved thee then,?I love thee still! Rose or Camden! Thou art far, ,f Dimly shines that lucid star Whioh, from lofty fields of light,? Witness in that sacred nightCould, in dusky, glimmering view,' Register each sigh we drew, While angels their soft music fiung, Around the whispers of that tongue: By th' rich carmine of that check, By that spirit mild and meek,? Those eyes, (methinks I see them fill,)? I loved thee then,?I love tiiek still! Ross op Camden! Can the past Aught but death from mein'ry blast, Can affection, free from care, Choicest flow'ret, nurtur'd there,? Envclop'd in oblivion's veil, Forgotten die, an idle talc? Secure in heaven's unbroken seal Lie the soft raptures lovers feel, Stamp'd on their golden tablets there. First-love's unsullied sighs appear: They test my truth, proclaim my will,? I lored thoe then,?I love thee still! Rose or Camden! Bid the dove Cease his wooing mato to love, Bid the lion in despair Desert the fond one of his lair, Bid tho eagle leave tho nest, Where, with ardent truth caressed, Dauntless, 'midst the thunder's ire, Blazed unquench'd his strong desire; But never think that hearts sincere Erase remembrances so dear: Through every joy and every ill, I loved thee then,?I love thee still! Rose of Camden! Thou art gone, Amidst the fair I feel alone; Other forms perchance surround, Praise thy charms in every sound,? They tell thee of those falcon eyes, They tell thee of that queenly guise,? They tell thee of that ermine brow, That virgin flush, that chaster glow; But can thoy feel as I have felt, Can they knscl as I have knelt? They cannot own, with fervid shrill, I loved thee then,?I love thee still! Rose op Camden! Evo prevails, Unheeded sveop its lisping gules, Night's screneat drapery Enchants no more, unseen by thee: By those ringlets, floating light On that bosom's heaving white. Snowy covering of a heart Pure and true, as fair thou art,? By that last, that plaintivo strain, By that wish to meet again,? By that tear, that sigh, that chill, I loved thoe then,?I love thee still. WASHINGTON, Feb, 13. Alexander McLeod and the Steamboat Caroline. Mr. Pickens, from tlte Committee on Foreign Affairs, asked leave to make a report from that committee in relation to the correspondence between the United States and Great Britain in relation to the destruction of the steamboat Caroline during the troubles on the Canada frontier ih the winter of 1837-8; as also in relation lo me arresi hum iiiiprisMimiGiu ui Alexander McLeod, a British subject, for Being concerned in the destruction of the boat. No objection being made? Mr. Pickens sent in the report, as follows The committee on Foreign Affairs, tn whom was referred the Message of the Krasident, transmitting a correspondence with the British Minister in relation to the f burning of the steamboat Caroline, anr the demand made for the liberation o Mr. Alexander McLeodj respectfully re ort: It appears that the steamboat "Caroline" was seized and destroyed in the | month of December, 1837. The com mittee are induced to believe that the facts of the case are as follows: The boat was owned by, and in possession of, a citizen of New York. She was cleared from the city of Buffalo, and, on the morning of the 29th of December, 18371, she left the port of Buffalo, bound for Schlosser, upon the American side of the *' ?iU a a Niagara nver, ana wiinui me icrmury ui the United States. The original intention seemed to be to run the boat between Buffalo and Schlosser, or perhaps from Rock dam to Schlosser, and, should it seem profitable, it was intended to run her also to Navy Island, and touch at Grand Island and Tonawanda. Her owner wai Mr. Wells, said to be a respectable citizen of Buffalo, and it is obvious his intention in putting up the boat was one of speculation and profit entireI ly. The excitement upon that portion of 'the frontier, at this period, had collected a [great many in the neighborhood, some from curiosity, some trom idleness, and others from taking an interest in the unusual and extraordinary collection of adventurous men gathe-ed together at that time on Navy Island. Navy Island was "nominally" in the British "territory." The owner of the Caroline took advantage of circumstances to make some money with his boat, by running her as a ferry boat to Navy Island. All these appear from testimony regularly taken.? (See H. R. Doc: No. 332, pages 46 and 49, 2d Session, 25th Congress,) and the committee know of no legal evidence to contradict them. There is no proof that any arms or munitions of war were carried in the boat, except, perhaps, one small six-pounder field piece belonging to a passenger. The principal object was to run the boat as a ferry boat froin Schlosser, on the American side, to Navy Island, on the British side. It is believed that, even in war, a neutral Power has the right to trade in contraband articles, subject; of course, to seizure and confiscation if taken within the jurisdiction of either r.f tkn nrtnlorirt11inr narlioc Whfll is run. V" IUV r~. traband of war is not always certain.? Treaty stipulations frequently include some articles, and exclude others recogniz&{Lia4h!$ law of nations. Trading in conr&baftd articles is no excuse for invading tpe territory and soil of a neutral and independent Power, whose private citizens may choose to run the hazards of such a trade. In this instance there were no two foreign Powers engaged in war; but all concerned in the outbreak or excitement within the British jurisdiction claimed to be British subjects, in resistance of the authorities of Canada, a province of the British empire. Even admitting, then, that the Caroline was engaged in contraband trade, yet it was with citizens who claimed to be subjects of the same empire with those who were styled the legitimate officers of the Province.? Abstractly speaking, how was a private citizen to decide who were right and who wrong in these local pursuits? And which portion of citizens of the same province must our citizens refuse to have any communication with? But the boat was merely used for one day as a ferry buat, and on the night of the day she commenced running she was seized, while moored at tho. whanrf at Schlosser. and burnt, Se veral men were assassinated; certainly one who fell dead upon the dock. Now, the insinuation of the British Minister that Sehlosser was "nominally" within the territory of the United States may well be retorted, as we can with equal truth say that Navy Island was "nominally" within the 'territory" of the British Government; at the period to which we allude, the people collected there had as effectually defied the Canada authorities as any portion of our people had disregarded ours. Yet British authority thought proper to pass by Navy Island, then in its "nominal" territory, and, in the plenitude of its power, to cast the aegis of British jurisdiction o\er American soil. This was truly extending us that kind" guardianship which they had not the ability at that time to extend to a portion of their own territory; and which recommends itself to us, full as much from its assumption as from its love of right or law. The British Minister is pleased, also, to call the Caroline a "piratical steamboat." The loose epithets of any one, no matter how high in place, cannot make that pira cy which the law of nations does not recognise as such. Pirates are freebooters, enemies of the human race; and eminenl jurists describe them as ravaging ever) sea and coast, with no flag and no home Piracy comes under the concurrent jurisi diction of all nations. Even in the wors : point of view that it can bo considered ( those connected with the steamboat Carol f line were aiders and abettors of others en-1 - gaged in rebellion. And the committee are totally at a loss to know upon what authority rebellion is recognized as piracy. i Such confounding of terms is resting the case upon epithets, instead of sound law i or facts. But even supposing it to be a i ; "piratical boat," as the Minister asserts :t i . to be, yet the moment it touched dur soil I fr ?->11 aiiV arti;prif>iflfn1v_ anrl no i II ICIl Ullllbl VUI power on earth conld rightfully invade it. i There is no doctrine more consecrated i in English history than that every human J being whe touches the soil of Great Bri- I ' tain is immediately covered by rBritish 1 law. Suppose one of her vessejj were cut from the banks of the Than&es and ] burnt by Frenchmen, and British citizens were assassinated at night, and theFrench 1 Minister were to avow that the^ acted < under the orders of his Government, and J that the vessel was "p'rat'ca'" and the I citizens murdered were outlawf?then t there is not an Englishman whoa* heart < wnnlH not heat hiffh to aven?e the^Svronff. I' ??o~ " (p ?o*. and vindicate the rights of his country.? i The law there is the law here. Arid there i is no international law consistent ^ith the a separate independence of nations, that c sanctions the pursuit of even pirates to i murder and arson over the soil and juris- t diction of one of the States of this Con- g federacy. No greater wrong can be done t to a country than invasion of soil. If it r can be done with impunity at one point, b and on one occasion, it can be done at j another, and the nation that subm'ts to it j ^ .finally sinks down into drivelling iinbecili-;t !ty. If a representation of the state of c 'things at Schlosser, and the conduct of r those who had control of the Caroline, t had first been made to the proper autho-1 r pities of New York, or of the United t1 States; then there would have been Some f show at least of respect for our sovereign-' f ty and independence, and a disposition to F treat us as an equal. Bat in this case, asjf I to treat our authorities with contempt,. d there was no preliminary demand or re- f !? prcseuiciiMii. 11ranc. , It was hoped that the outrage was per- c petrated by a party in sudden heat and s excitement, up>n theii own responsibility, i But the British Minister now avows that a ' the act was the public act ot persons a obeying the constituted authorities of her r Majesty's Province," and agaic affirms $ that "it was a public act of persons in her t Majesty's service, obeying the orders of 1 their superior authorities." i a I If this had beerfthe first anil only point < of collision with Great Britain, it might 1 'not liave excited such interest; but there is an assumption in most of our inter- t ! course with that great Power, revolting t ' to the pride and spirit of independence in i a free people. If it be her desire to pre- '< serve peace her true policy would be to < do justice, and show that courtesy to 1 equals which she has always demanded c from others. The committee do not de- j sire to press views on this part of the sub- 1 ject, particularly as a demand has been * made by our Government upon the Go- < vernment of Great Britain for explana- 1 tion as to the outrage committed, the an- < swer to which, it is nopea, win pro* a ba- < tisfactory. < As to the other points presented iit the 1 demand made by the British Minister for < the "liberation" of Alexander McLeod, s the committee believe the facts of the i case to be, that the steamboat was seized I and burnt as stated before, and that a i citizen or citizens of New York were murdered in the affray. And there were i reasons to induce the belief that McLeod < was particeps criminis. He was first ar- I rested, and upon various testimony beinjgf taken, was then discharged. He was af- | terwards arrested a second time. Upon < the evidence then presented, he was im- i prisoned to await his trial There was no ] invasion of British territory to seize or take him. But, iTpon' his being voluntarily ' within our territory, he was arrested as any citizen of the United States, charged 1 with a similar offence, might have been, i We know of no law of nations that would exempt a man from arrest and imprison- i ment for offences charged to be commit-1 ted against the "peace and dignity* of a State, becaiuse he is a subject of Great Brita<n, or because he committed the crime at the instigation or under the Authority of British Provincial officers; much J less do we know of any law that would justify the President to deliver him up without trial, at the demand, and upon i the assertion as to facts, of any agent of the British Government. ir ...? at nnpn war with Great X1 we linu un&u UV U|/v.. ..... ...... Britain, and Mr Lend had committed the offences charged, then he might have fal, len under the rules and regulations of t war, and been treated as a prisoner of ' the United States Government, and would . have been subject to the laws of nations in war. Bat as the alleged criminal acts, t in which MeLeod is charged to be impli, cated, were committed in profound peace, it is a crime, as far he he may be concernad, solely against the "peace and dignity" of the State of New York, and her criminal jurisdiction is complete and exclusive. If the crimes committed be such as to make a man hosfis humani genus? an outlaw?a pirate, in the legal acceptation of the term, then under the law of nations, the United States courts and tribunals would have jurisdiction. But the uffence charged in this case, committed as it was in time of peace, as far as this jldividual was concerned, was one purely 4 . i i_ i : i : igamsi me lex ioci, ana ommg exciusivuy within the criminal jurisdiction of the :ribunalsof New York. The Minister, in his letter of the 13th December, 1840, says: "It is quite notorious that Mr. McLeod was not one of the party engaged in the lest ruction of the steamboat Caroline; ind that the pretended cha rge upon which le has been imprisoned rests only upon he perjured testimony of certain Canalians, outlaws, and their abettors," &c. ' fhis may, perchance, all be so; but it vould be asking a great deal to require in American court to yield jurisdiction, f md surrender up a prisoner charged with , iffunces against the law, upon tne mere , pse dixit of any*man, no matter how ligh in authority. Whether MeLeod be } ;uilty or not guilty, is the very point upon , vhich an American jury alone have a i ight to decide. Jurisdiction in State tri- j iun its o'jer criminal cases. and trial by a , ury of the venue, are essential points in American jurisprudence. And it is a to- j ai misapprehension as to the nature of j ?ur system to suppose that there is any j ight in the Federal Executive to arrest < he verdict of the one, or thwart the ju- , isdiction of the other. If such a power j xisted, and were exercised, it would ef-(] actually overthrow, and upon a vital , ?oint, the separate sovereignty and inde- j tendance of these States. The Federal , Sxecutive might be clothed with power to ! leaver up fugitives from justice for of- j ences committed against a foreign State, , >ut even then it might not be obligatory to lo so unless it were made matter <?f treaty , tipulation. Thiseduty and right in an i Executive has generally been considered , is dormant, until made binding by treaty irrangement. But wlien the matter is eversed, and demand is made, not of fu- J (itives from justice for offences commited against a foreign Power, but for the , iberation of a man charged with offences ( igainst the peace and dignity of one of i >ur own States, then it is that the demand >ecomes preposterous in the extreme.? j The fact that the offences were cornmited under the sanction of provincial authorities, does not alter the case, unless ve were in a state of war. In such cases i is the present the power to deliver up | jould not be conferred upon the Federal Executive by treaty stipulation. It could >nfy be conferred in cases over which Urisdiction is clearly delegated by the Federal Constitution; such, for instance, is treason which is an offence against the jonjoined sovereignty pf the States, as de ?"I litfCnnctitllllAn rtvi>r all rasps lllUU 111 ilio vvuauiukiwu* v . w. ^xcept those defined in the Constitution, ind those coining clearly under the laws )f nations, the States have exclusive jurisdiction and the trial and punishment tor Dflfences against them arer incident to their separate severe:g lty. Jt is not pretended n this case that there is any treaty stipulation under which the detnano is made; ind the Federal Executive, under our system, has no power but what is conferred by the Constitution, or by special Taw af Congress. In the former, it is declared that "the Executive power is vested in a President of the United States," and that power i9 then to be pointed out and defined by special laws passed from time to time, imposing such duties as are thought proper and expedient by Congress. Your committee deem it dangerous for the Executive to exercise any power over a subject-matter not conferred by treaty r>r by law; and to exercise it m any case in conflict with State jurisdiction, would be worse than' dangerous; it would be usurpation. But your committee forbear to press these points further at present, and they wmnlH not have said as much on such clear questions of international law, but that in this case the demand for liberation has been made by the accredited agent of a great Power, and under circumstances of peculiar ajggravation and excitement. We have other points of difference with Great Britain, which add interest to every question that arises between us at present. Neither our Northeastern or Northwestern boundaries are yet settled1 with her, and the subject is not entirely free from difficulty. She has recently seized our vessels and exercised a power involving the right of starch, under the pretext of suppressing the foreign slave trade. whrch, if persevered in, will sweep our commerce from the coast of Africa, and which is incompatible with our rights | as a maritime power. She has recently, in* her intercourse with us, refused indemnify and denied our rights to property, oh a subject matter vital to near onfe Half thb' States of this Confederacy, and'which; ' considering Her military position at Ber-muda and her growing power in the West Indies, is of the last importanbb to our national indpendencc. _ ; All these subjects make every question . between us, at this peculiar juncture, of the deepest interest. Rual/^oa tUia . xtra oro UmIv nAMfMW*Awi11? 4/v?.v.v^ nvoiv poi inoilCUliy destined to have, perhaps, the rtiOst'eatten sive commerce of modern nations. Our flags float side by side, over every1, sea,.' and bay, and inlet of the known globe, r She moves steadily upon her objects ' with an ambition that knows no bound's; and wherever she hds had a conflict' of. interest she has rarely yielded to any ' Power. At this moment she presents to the civilized world the spectacle of ihe greatest military and- commercial power in corubvation ever known. . .N From her vast possessions inevery'quarter of the globe, and her peculiar commercial system, she has been made the re-: servoir of the wealth of nations. ' Her internal resources, skill, labor; and . machinery, with her capital, are beyond calculation. Her natural position being ' about midway the coast of Europe, gives ] ler great control over the outlets and cur rent9 of commerce. Her military occupation of Gibraltar, j VTalta, the Ionian Islands, and recently.of St. Jean d'Acre, gives her ascendancy on , he Mediterranean and the Levant, wh3e , St. Helena and the Cape of Good Hope : *ive her possession over the currents of rade along those extensive coasts. Then Bombay, Calcutta, and her immense pos- . sessions in the East Indies, together with' her recent movements in the China .seas ? and Islands, enable her to extend her : power over those vast regions that have ; slumbered for ages in solitary and enervated magnificence. She possesses Fafk- * land Island but to control the Commerce ' that passes around Cape Horn, <rhile ... Trinidad gives her all she desires in the Caribbean sea. Halifax at one point, and Bermuda at another, stand out in great force over our own coast from one ' extremity to the other* . , . Her positions all over the world are at a. this moment, in a military point of view, equal to a million of men under arms*? . Her continual conflicts in the mighty re* gioirs of the flast only enable her officers , to become skilful and to improve in the art of war, while her great armies and ex- / tensive fleets draw their support from the : immense countries seized and occupied.? In the present juncture of affairs, no > statesman can overlook these things.? Steam power has recently brought as so ' near together that, in the event of any fu- ; ture conflict, war, with its effects, will be precipitated dpon us with much more rapidity than formerly. Avarice and ambition are the ruling passions of modern times, and it is in vain to shut our eyes to the state of tilings around us* It remains to be seen what effect steam power is to have upon chang- j ing and modifying the whole art of de- , fence and war. It may be a great en- , gine for again levelling mankind, and re during every thing to a contest of mete physical force. In that event it might be T difficult to conjecture what system of nurt tonal defence will stand the test of time and experience. We have a deep stake in peace, and ' fondly hope the repose of the world will not be disturbed. We have certainly not the least desire for any rupture. Firmness, and a wise preparation, will long preserve us from' such a catastrophe. But while no ' temptation should ever prompt us to do. injustice on the one hand, so no considerotion, on the other hand, should ever induce us to submit to permanent wrong , from any Power on earth, no matter what the consequences may be. Your committee would conclude by ex n i?i*^i *t _n prvssuig <x iirui utjnci uiai an uut jjuuuo i of difficulty may be honorably and arnica* . bly adjusted, and that harmony may long i be preserved by both Governments pur- T suing a liberal and generous policy, con- { genial to the interests and feelings of both People, and compatible with the spirit ' and genius of am.enlightened age. The Rev. Mr. Mathew, in one of his recent addresses in the south of Ireland, where he has- been since lus visit to Dub- ' lin, stated that the number of tectollars in Ireland has increased to 3,300.000. Times. \ The average value of the annual produce of the mines of the British Islands f amounts to the enormous sum oi x,?u,000,000; of which about ?8,000,000 arise from iron and ?0,000,000 from coal.