public mind, from a belief, (an erroneous one we contend,) that the law of the United States having undergone a revision on questions of this doubtful tendency, a security is thus given to the British Government against every possibility of their recurrence.

It is very true, that the United States Government, aware of the extreme difficulty of its position-the void that exists in the Federal constitution, precluding every reasonable control of the Federal Government in cases arising out of border collisions, such as the burning of the Caroline, with the extreme difficulty of preserving future amicable relations with Great Britain, without some better defined and easily understood legal principle, releasing the separate states of the Republic from judicial interference in all such matters,—and that yielding to the necessity of effecting some change, passed an act in the last congressional session, entitled "An Act to promote further remedial Justice in the United States courts," which was intended to supersede all power or authority, hitherto exercised by the local or State tribunals, in cases similar to that of the Caroline, and to place all future, and such like transactions under the exclusive control of the Federal government, and law-courts of the United States.

It was quite time, we admit, that some better

Bradish, of the State of New York; General Clark; Wolfred Nelson; L. J. Papineau; Charles Pierre Bonaparte; W. L. McKenzie, and others, are the gentlemen who perhaps could best inform us what are their respective connexions with this association."

understanding in cases of this kind should have subsisted between the American Government and foreign nations; especially with Great Britain, whose peculiar position on her northern frontier, had made her a party more immediately concerned; and that no intricacy, or difficulty should again arise from the anomalous character, or undefined nature of American law, that permitted the authorities of New York, a mere intersection of the Republic unknown to foreign States, to arraign a British subject on a capital charge, for acts committed under the immediate sanction and authority of his Government, and which had directly assumed their entire responsibility.

It would appear, that as far as an Act of Congress could effect a remedy, that such has already been accomplished; and that a law, as we have observed, has passed both houses, and received the sanction of the President, removing all authority, or apprehended jurisdiction in such cases, from the local or state tribunals of the country, to the supreme court of the United States. We say, as far as an Act of Congress can effect such change; which appears to our judgment --(assuming the law as laid down by the supreme court of New York in the particular case of M'Leod, and to which we shall hereafter refer, to have been the correct constitutional law of this Statefully recognized at the time by the Federal Government, and which secured to her, certain rights and immunities, equally, and individually belonging to every other State of the Republic)-- as removed far

beyond all Federal interference; and which we would feel some anxiety to hear explained, how any mere Act of Congress can possibly amend, or alter. With us, such questions are of a very different caste; the more especially, as our lower house of Parliament is supposed to represent the people of these realms, where every individual is declared to be present, to approve, or dissent from any alteration in the laws of the country, as he may consider of public advantage; and which, with the House of Lords, and sanction of the Crown, are omnipotent in all such matters. But we are led to think very differently of the extent of authority vested in the United States Congress, under the Federal Constitution, as also of the rights and privileges appertaining to the separate and individual States; which are supposed to have continued to them in their first and original extent, all that belongs to distinct and separate sovereignties, except where a jurisdiction is expressly delegated to the general Government, under the original compact that has bound these States together as members of the same republic.

The charge of Judge Gridley*-the further decision pronounced by the supreme court of the State of New York in the case of M'Leod, would bespeak, that the right which this State then exercised, however improperly, as against foreign nations, in arraigning the subject of another government, as in

* The judge before whom M'Leod was arraigned and tried at Utica, in the State of New York.

this instance, before its legal tribunals, if ever belonging to its jurisdiction, or recognized as such by the laws of the United States, does not appear to have been abandoned or transferred to the supreme Government; that by a direct acquiescence, had in the fullest manner recognized the existence of such right, as exclusively appertaining to the individual States, though urged by the protest and repeated remonstrance of the British Minister, to an opposite, and more decided interference.

It is perfectly inconsistent, and irreconcilable with the principles, as well as the letter of the American constitution, that the Federal Government of the country, or Congress, which is a part of its organization, can of its free will, and by a mere act of its own, assume to itself rights and immunities, detracting from the privileges of the separate States, and heretofore exercised, or enjoyed by them respectively, however advantageous to the general good :—whilst it is equally clear, that any such assumption, is of itself legally inoperative and void, if adopted without the direct and concurrent sanction of these States, whose rights are thus intended to be transferred to another and separate jurisdiction.

Should such be the case, and the laws of the United States, we apprehend, are perfectly clear and intelligible on this head, it requires no very great sagacity, or any very intimate acquaintance with American jurisprudence, to perceive the result of the late arrangements concluded between Lord Ashburton on behalf of Great Britain, and the United States;

CASE OF M'Leod.

249

or rather, as to what becomes of the late Act of Congress, which assumes to provide for, and invest the sole control of all, or any case of a similar character, with that of Alexander M'Leod, growing out of the "Caroline affair," that may perchance again take place at some future day, and that under this revision of the United States law, would appear to remain as yet unsettled between the two countries, without even an earnest of effecting any future change in their organization as respects such

matters.

Under these peculiar circumstances, the affair of M'Leod though of recent date, is still one of unusual interest and importance to the British public; as indeed to the people of the United States involving questions of international law of the highest consideration to both countries, that remain yet unsettled, and that it is possible will be made to act as a precedent on any future similar occasion, should such occur, or where the same principle may be called in question.

Also-With regard to the power assumed by an individual State (the State of New York) known only to the Government of England as an integral part of the American Republic, to redress of herself, and independent of her Federal connection with the other United States, any real or supposed injury committed against her soil or territory, or infraction of her local or municipal laws by

for

any

a foreign power.

And further-With reference to the enforcement