APPENDIX TO PART THIRD DIVISION II. 187 



expeditions to take part in distant quarrels, such conduct may, accord- 

 ing to the circumstances of each case, lie justly matter of complaint, 

 and perhaps these transactions have generally been in late times too 

 much overlooked or connived at. 



"But the case we are considering - is of a wholly different description, 

 and may be best determined by answering the following question: Sup- 

 posing a man standing on ground where you have no legal right to fol- 

 low him, has a weapon long enough to reach you, and is striking you 

 down and endangering your life, how long are you bound to wait for 

 the assistance of the authority having the legal power to relieve you"? 

 Or, to bring the tacts more immediately home to the case, if cannon 

 are moving and setting up in a battery which can reach you, and are 

 actually destroying life and property by their lire; if you have remon- 

 strated for some time without effect and see no prospect of relief, when 

 begins your right to defend yourself, should you have no other means 

 of doing so than by seizing your assailant on the verge of neutral ter- 

 ritory f (British and Foreign Correspondence for 1841, 1842, Vol.30, 

 page 190.) 



Lord Campbell says of this case in his autobiography (Life, etc., 

 edited by Mrs. Hardcastle, 1881, Vol. 1', p. 118): 



"The affair of the Caroline was much more difficult. Even Lord 

 Grey told me he thought we were quite wrong in what we had done; 

 but assuming the facts that the Caroline had been engaged and when 

 seized by us was still engaged in carrying supplies and military stores 

 from the American side of the river to the rebels in Navy island, part 

 of the British territory, that this was permitted or could not be pre- 

 vented by the American authorities, I was clearly of opinion that 

 although she lay on the American side of the river when she was seized, 

 we had a clear right to seize and to destroy her, just as we might have 

 taken a battery erected by the rebels on the American shore, the guns 

 of which were fired against the Queen's troops in Navy Island. I wrote 

 along justification of our Government, and this supplied the arguments 

 used by our foreign secretary, till the Ashburton treaty hushed up the 

 dispute." 



Mr. Calhoun said of it in a speech in the Senate in which he insisted 

 that the capture of the Caroline in American waters was unjustifiable, 

 because unnecessary : 



" It is a fundamental principle in the law of nations that every state 

 or nation has full and complete jurisdiction over its own territory to 

 the exclusion of all others, a principle essential to independence, and 

 therefore held most sacred. It is accordingly laid down by all writers 

 on those laws who treat of the subject that nothing short of extreme 

 necessity can justify a belligerent in entering with an armed force on 

 the territory of a neutral power, and when entered, in doing any act 

 which is not forced on him by the like necessity which justified the en- 

 tering;." 



[NOTE 1 (PAGE 156.) NEGOTIATION BETWEEN UNITED STATES AND GREAT BRITAIN 

 RELATIVE TO THE NEWFOUNDLAND FISHERIES.] 



Mr. Adams says (documents relating to the negotiations of Ghent, 

 page 184) : 



" That fishery, covering the bottom of the banks which surround the 

 island of Newfoundland, the coasts of New England, Nova Scotia, the 

 Gulfs of St. Lawrence and Labrador, furnishes the richest treasure and 



