UED JOURNAL OF SOCIAL SCIENCES, HUMANITIES & EDUCATION
* Corresponding author Nguyen Van Sang
The University of Danang - University of Science and Education PhD.Candidate, Institute of History - University of Lodz, Poland Email: [email protected]
Received:
05 – 09 – 2017 Accepted:
20 – 12 – 2017 http://jshe.ued.udn.vn/
THE CAROLINE AFFAIR AND THE DIPLOMATIC CRISIS BETWEEN BRITAIN AND THE UNITED STATES IN THE PERIOD 1837-1841
Nguyen Van Sang
Abstract: The Caroline affair has been one of the historical events of British-American diplomacy since the War of 1812 to the Webster-Ashburton Treaty 1842. The beginning of accident was the destruction of the American Caroline ship by British Army forces in Upper Canada on December 29, 1837. When the incident occurred, Britain’s and the United States’ opinions on this issue was in stark contrast. The differences in opinions were the causes of tensions between the two countries. In the threat of war occurrence, Britain and the United States held talks on the Caroline affair. Caroline's handling of the problem had played a significant role in reducing tensions, paving the way for resolving conflicts in the relationship between the two countries through the Webster-Ashburton treaty in 1842. At the same time, this issue established new principles in international politics. This article is intended to contribute to the history of the Caroline affair, McLeod’s case and the history of British-American relations related to this issue from 1837 to 1841.
Key words: Britain; the United States; diplomatic crisis; Caroline affair; McLeod’s case.
1. Introduction
Caroline is the name of a ship owned by the Americans, used to support the insurgency against British rule in Upper Canada in 1837 [1]. The ship was subsequently captured, burned and sank near Niagara Falls under the command of Colonel Alan MacNab of the militia force and Captain Andrew Drew of British Royal Navy. Americans see this incident as an encroachment on their state honor. Immediately the Americans along the border asked the Government to start a war with Britain in Canada. The diplomatic crisis in relations between Britain and America emerged. It was called Caroline affair, Caroline case, Caroline incident or Caroline controversy [2]. This crisis could
be lead to the outbreak of a war between the two countries. Diplomatic activities were conducted by the
British and American governments to resolve Caroline affair while avoiding a possible war until an agreement was reached through the Webster - Ashburton Treaty [3].
2. The beginning of Caroline affair in 1837 In 1837, in Upper Canada, present Ontario, a group of people under the command of William Lyon Mackenzie [4] revolted against British rule to fight for Canadian independence [5]. The intrusion of liberalism and coercion by the British colonial Government in Canada was the main cause of the uprising. In addition, Canadians were not satisfied with the British rule and considered the United States as a model, a source of support and shelter [6]. The news of the uprising spread out rapidly and received support from many parts of the United States, especially the part of the people along the Canadian border [7]. Some American supporters of the revolt believed that the uprising was the spiritual succession of the war of independence in 1776. They hoped the uprising would completely eradicate the British rule in North America, what Americans regretted when their revolution in 1783 did not achieve. They believed that Britain had finally given up its rule in
North America, and Canada would join the Federation of Americas. American supporters of the uprising also intended to bring the issue of democracy into Canada, furthermore desired for interests in this land. At this time, the bearers of missionary ideals in the American leadership also strongly supported the uprising [8].
Their support posed a threat to peace between Britain and the United States, which had strained ties between the two countries, possibly leading to a war between the two. The US Government also recognized that. On November 21st, 1837, the United States declared neutral for the uprising and called on the Americans to obey [9]. However, due to the strong involvement of a large body of American citizens in the uprising, government efforts failed [10].
Subsequent to his failure in Upper Canada, William Lyon Mackenzie, the leader of the uprising and a remnant of the group, fled to the United States seeking more support. As the insurgents arrived in Buffalo, Dec 12th, 1837 Trowbridge, Mayor of Buffalo, sent a letter to Mr. Fillmore, who was later a member of the US Senate. In the letter, he expressed concern that the presence of insurgents and the support of a part of the Americans would pose a nuisance to relations between Britain and the United States [11]. On the following day, William Lyon Mackenzie and Rolfe held a meeting in Buffalo, New York on the rise, calling for arms assistance and recruiting American volunteers to enter Upper Canada. Immediately, hundreds of American volunteers joined, weapons and ammunition were provided [12].
At the same time, William Lyon Mackenzie, along with more than 25 men, controlled and formed an interim government in the Navy Island [13]. The uprising caused British attention. The governor of Upper Canada sent a message to the Governor of New York to inform the insurgents but did not receive a reply. The situation became more serious when on December 28th, 1837, Mr. Trowbridge reported that 200 or 300 men, mostly American campers were found on the Navy Island in Upper Canada. The force was armed under the command of an American named Van Rensselaer and involved in the uprising. The force then increased to more than 1,000 people [14]. In particular, this was also the time when insurgents on the island
began receiving support from the Caroline. This vessel worked like a ferry from the US coast [15], mainly at Black Rock and the Navy Island in communication between insurgents on the island to land [16]. Colonel Allan Napier Mc Nab, the commander of British forces at Chippewa, predicted that the destruction of the Caroline would prevent American support for the Navy Island and disrupted the Canadian admission plan by the rebellion.
Therefore, he ordered an expedition for this purpose [17].
According to Captain Gilman Appleby, the Caroline departed Buffalo on the morning of December 29th and arrived at the port of Schlosser in New York.
On the way, the train stopped at Black Rock. Upon leaving the Black Rock, a series of rifles fired at Caroline from Canada but did not damage it. After releasing "a guest number" on the Navy Island, Caroline docked and landed at Fort Schlosser around 3 pm. In the afternoon, Caroline made two trips to the Navy Island and finally returned to Schlosser around 6 pm. In the evening, 10 crew and 23 people were all American citizens who stayed on board the whole night. At midnight, about 70-80 men were armed with weapons on board and attacked on board ships with rifles and swords. Crew and passengers with all 33 people tried to escape. The ship was captured, towed to land owned by British forces, then was cut, pulled out to pull to the river, burned and pushed down the Niagara Falls [18].
The captain and crew all said that the attack was carried out by British forces garrisoned in Upper Canada's Chippewa. Because, after Caroline was destroyed, they heard loud shouting from the shores of Canada [19]. In the attack, the two killed Amos Durfee were killed in the dock with a bullet on the head and a boy serving the cabin on the board, two others were arrested [20].
3. British-American opinions and the diplomatic crisis in their relations related to the Caroline affair On January 4th 1838, President Van Buren received information about Caroline affair and determined to avoid a war with Britain. Van Buren immediately ordered General Winfield Scott to come to the Niagara border to lead the US military and use his "rhetoric and diplomacy" to awake American volunteers withdraw from the uprising of the Canadians [21]. On January 5th, 1838, President Van Buren issued a neutral
statement, urging US citizens to stop hostilities. He said these actions affected the neutrality of the United States, interfered in the internal affairs of neighboring British territories, and even violated the law and territory of the neighboring country [22]. On the same day, the United States gave its first opinion regarding Caroline affair by Mr. Forsyth, the message of US Secretary of State to the British Minister, Fox in Washington. Mr. Forsyth expressed his surprise, regretted the incident, and warned that the incident would create the subject of a claim and demanded Upper Canada to respond soon to the incident [23]. However, on the British side, Mr. Fox in the reply letter of 6 January 1838 made three pleas for the action by British forces: 1. The piracy nature of the Caroline ship and the need for self-defense; 2. The usual US rules were not enforced at the time of the event and in reality the rebels were publicly acknowledged; 3. Caroline's pursuit and destruction was self-defense and self-preservation [24]. On the basis of the defense, the British expressed a lack of seriousness, no interest, no recognition of any wrongdoing [25].
Britain's lack of respect for the Caroline affair did not please the United States government. Not giving up, the ambassador of the United States in London, Stevenson continued to pursue the case. He sent a letter to British Foreign Secretary Lord Palmerston, who promised to look into the issue [26]. The issue was actually reviewed again by lawyers. However, their report dated February 21, 1838 and concluded on March 25, 1838, the British affirmed, they felt that the actions of British institutions were absolutely necessary for the future, not retaliation for the past. As a result, they believed the behavior of British forces was in accordance with the National Law.
This argument was repeated in the subsequent time that led to Caroline affair not being adequately dealt with.
Stevenson's efforts did not change the British attitude [27]. In fact, the British began to worry about the Caroline ship affair during Christie's arrest for allegedly engaging in assaults on Caroline ship [28] and Alexander McLeod [29] on charges of murdering and burning down Caroline ship [30].
The McLeod’s case began with the fact that a deputy police of Niagara County in Upper Canada named Alexander McLeod boasted that he was involved in the destruction of the Caroline. Immediately, the US authorities arrested McLeod in Lewiston, New York on
November 12th, 1840 [31]. McLeod was arrested at Lockport prison for allegedly deliberately burning down the Caroline and killing Amos Durfee.
Following the arrest of Christie and McLeod, the British administration began to issue visas for the Caroline affair and McLeod case. December 13th, 1840 Fox sent a letter to Mr. Forsyth responded to the arrest of McLeod by US Government. He said the accusation was insufficient evidence and called for McLeod's release. In the letter, Mr. Fox reiterated the principle mentioned in the case of Christie and reaffirmed that the case of McLeod was just the execution of the order by the superiors. The destruction of the Caroline ship was the topic of discussion between the two governments and could not force citizens to take responsibility [32].
Mr. Forsyth answered Mr. Fox that McLeod's imprisonment is the jurisdiction of the State of New York, not under the authority of the federal government, so the interference by the federal government in the area under the jurisdiction of the state would be inappropriate [33]. In fact, at this moment, President Van Buren was campaigning for the election and trying to win the support of state voters, especially in New York state. The view of the state and the federal authority was one of the most sensitive political issues at the moment [34]. So, during the exchange between Mr. Fox and Mr. Forsyth later, their views on Caroline and McLeod did not change significantly [35].
4. The process of negotiation and resolutions about the Caroline affair
When William Henry Harrison was elected President on March 4th, 1841, his administration embodied more pragmatic thoughts on US issues, including relations with Britain [36]. British Minister, Mr. Fox felt that the new administration was fit to demand the release of Alexander McLeod. Therefore, on March 12th 1841, Mr. Fox sent a letter to US Secretary of State Daniel Webster, who was considered more tolerant than his predecessor. Beside representing the same opinion as in the conversations with Mr.
Forsyth, Mr. Fox presented a new opinion that the McLeod’s case was an international political issue that must be resolved by the two governments, and the New York State court had no capacity and authority to decide [37]. As it was related to the relationship between
federal and state rights, so when receiving a letter from Mr. Fox, Daniel Webster immediately sent a letter to John J. Crittenden, Attorney General of the United States for legal support for McLeod's problem [38].
Two problems were stated by Mr. Webster that he would like to adopt the McLeod's case to force the British government to resolve the Caroline affair and to seek help from Crittenden to find the way to liberate McLeod [39]. Based on the Constitution, the Harrison administration said that the federation had jurisdiction over diplomatic relations and that it was the basis for the intervention in the state of New York for McLeod’s case [40].
However, within a month of his administration, Harrison died [41]. John Tyler replaced him to be the President of the United States, continuing to assert that there was no great disagreement with Britain, advocating peaceful relations and bringing about much change in the British foreign policy [42]. At the start of the administration of John Tyler, one of the Caroline affair’s and McLeod's controversial events changed the course when Daniel Webster, who had been appointed Secretary of State, sent letters to Mr. John Tyler. Fox on April 24th, 1841. In the letter, Webster presented the solution to both Caroline affair and McLeod case. One of the contents of this letter was known as "Caroline Ruler" in the international law [43]. Webster accepted the British request for personal non-liability in the event that they acted on the orders of the superiors, or in other words, Webster had drafted and firstly issued the right of self-defense and protection (self-defense and self- preservation). However, the trial was a hindrance to the release of McLeod. If the federal government intervened to free McLeod, it had to find a way to comply with the law and the proceedings of the court [44]. This meant that McLeod had to be brought to court so that prosecutors could file charges against prosecution. Webster explained that while British law allowed the prosecutor to institute charges of not being prosecuted at any time during the course of the case, New York state law only allowed this in the sessions of court meeting [45]. This made Fox unhappy when he pointed out that McLeod was not guilty and did not have to be judged. However, the New York Supreme Court rejected a “nolle prosequi” and also denied the “habeas corpus” order. The only way that the court could do was to judge at the court. The McLeod's
trial took place and there was no evidence that McLeod's involvement in the Caroline affair. McLeod was acquitted in October 1841 [46].
At this point, the failure to resolve the Caroline affair and the lengthy handling of the McLeod's case, along with other issues, was the reason for the growing tension between the United States and Britain that needed to be resolved by a peaceful measure to prevent a war [47]. In fact, national honor was a barrier for the United States government and Britain in resolving the Caroline affair. In this situation, at the meeting between Lord Aberdeen, Secretary of State for Foreign Affairs and Edward Everett, Ambassador of the United States to London in late December 1841 [48], Aberdeen announced that Lord Ashburton who would be sent to Washington [49] had a mission to negotiate with the United States on border issues and other issues, including the Caroline affair and McLeod's case [50].
Lord Ashburton's mission also received support from the new US administration [51]. During the treaty negotiations, Webster and Ashburton exchanged letters.
On July 27th, 1842, Webster sent a letter to Lord Ashburton about the Caroline affair, which provided a more detailed formula of self-defense and self- preservation [52]. Webster continued to assert that the destruction of the Caroline ship had severely damaged the sovereignty and honor of the United States while the United States had not received any compensation, even apologies from the British [53]. In response to Webster, Lord Ashburton, seeking to find a peaceful solution to British-US relations, acknowledged that the Caroline affair was destroyed by British forces in Upper Canada.
This action had been accepted by the British government and was not intended to be disrespectful to the United States authorities. Ashburton said it was too long since the incident, so he expressed the desire to apologize to the United States Government and to provide justification for British action in the case of Caroline [54]. Thus, Webster acknowledged that the use of force was justified as a necessity of self-defense, while Lord Ashburton argued that there were plausible grounds for defending the United States. The United States had received a similar apology from the British government via Ashburton's letter which made President John Tyler satisfied and affirmed that the Caroline affair would never become further discussion between the two
governments [55]. The British side did not have to compensate for the Caroline's destruction by Caroline's allegedly illegal operation. Thus, the United States and the United Kingdom were satisfied with each other's views. The Caroline affair was officially closed two days before the Webster - Ashburton treaty was signed a few days later [56].
5. Conclusion
Thus, the Caroline affair in 1837 and McLeod’s case was a diplomatic incident in the relationship between Britain and the United States over the issue of Canada. National interests and honor were the issues that caused the problem to last long, leading to tensions in the relationship between the two countries. However, the highly regarded point of views of the two governments were the basis for ending the Caroline affair and McLeod's case. Ending the Caroline affair solved one of the major conflicts between the United States and Britain, ending the threat of war between the two countries, similar to the war of 1812, and providing bases to discuss other issues and sign the Webster - Ashburton Treaty in 1842. The settlement process of the Caroline affair had also formed the anticipatory self- defense principle in international law and became one of the principles of national politics.
Footnotes and References
[1] Caroline Steamboat had a rather complicated history. It was a 46 ton, 74 feet steam vessel that was built at Ogdensburg, New York in 1824 and was used until it was burned on December 29th, 1837.
See. Caroline (Steamboat), burnt & over the falls, December 29th, 1837, http://images.maritimehistory ofthegreatlakes.ca/47530/data [access date:
16.06.2017].
[2] See. E. Collins., Jr., M.A. Rogoff, “The Caroline Incident of 1837, the McLeod Affair of 1840-1841, and the Development of International Law”, American Review of Canadian Studies, Vol. XX, I.1, 1990, p. 81.
[3] The Webster - Ashburton Treaty, also known as the Washington Treaty, were signed on August 9th, 1842 between Daniel Webster representing the United States Government and Lord Ashburton representing the British Government to deal with issues related to border dispute and other issues in the relationship between Britain and the United States. About the history of the Washington Treaty.
See more. H.T. Gordon, The Treaty of Washington, Concluded August 9, 1842, by Daniel Webster and Lord Ashburton, Berkeley 1908.
[4] William Lyon Mackenzie was also known as McKenzie and Mackenzie. He was a businessman, journalist, politician born in Scotland in 1795 and died in 1861 in Toronto, Canada. Mackenzie was the leader of the 1837 uprising in Upper Canada, a member of the Legislative Assembly and the first Mayor of Toronto. He played an important role in the pre-Columbian political life in Canada. See more. William Lyon Mackenzie, http://www.thecana dianencyclopedia.ca/en/article/mackenzie-william- lyon/ [access date: 16.06.2017]; William Lyon Mackenzie, Canadian Journalist and Revolutionary,
[in:] Encyclopedia Britannica,
https://www.britannica.com/biography/William- Lyon-Mackenzie [access date: 16.06.2017].
[5] About the cause of the uprising in 1837 see more.
R. Collin, S.J. Ronald, The Rebellion of 1837 in Upper Canada, Ottawa, Canada 1988.
[6] According to Daniel Leab, there are three main causes for Caroline Affair: First, due to a geographic map error, a portion of the border between the United States and Canada under British rule had been still in dispute. Second, the Americans believed that the British would be expelled from North America and Canada would join the Federation of Americas. Third, Canadians were unhappy with the British rule and considered the United States as a source of support for the uprisings. See. D.J. Leab, Encyclopedia of American Recessions and Depressions, Vol. I, Oxford 2014, p. 155.
[7] When the uprising started, more than 1000 people participated. These people mostly came from northern Toronto, mostly immigrants from the United States. See more. Rebellion in Upper Canada, [in:] The Canadian Encyclopedia, http://www.thecanadianencyclopedia.ca/en/article/re bellion-in-upper-canada/ [access date: 16.06.2017].
[8] Interests in Canada were not a new issue, especially territorial issues were always concerned about the UK and the US. At this point, the vigorous development of missionary thinking in the American society was one of the driving forces behind the support of the border residents and the American leadership. See. H. Jones, “The Caroline Affair”, The Historian, Vol XXXVIII, No. 3, 1976, p. 485.
[9] On December 7th, 1837, Secretary of State John Forsyth sent a letter to the Governors of New York, Vermont and Michigan expressing the President's instructions to respect international obligations and restrain any intervention in the internal affairs of
another country to avoid hostility against the United States. See more. Letter of Mr. Forsyth to Governor Marcy, December 7, 1837, H. Ex. Doc. No. 4, 25 th Congress, 2d Session, p. 29-30.
[10] See. R.Y. Jennings, “The Caroline and McLeod Cases”, The American Journal of International Law, Vol. XXXII, No. 1, 1938, p. 82.
[11] Mr. Trowbridge wrote, “The loyalists are under arms along the lines and the several ferries guarded.
McKenzie and Dr Rolfe the leaders of the patriots are in this city [...]. I feel as though our situation is somewhat critical [...] disturbing the understanding that exists between this Government and that of Britain”. He also presented the situation, pointing out the purpose of Mackenzie and the insurgency in Buffalo. He also suggested that Mr. Fillmore recommend to the President or Minister of War the situation in Buffalo if necessary. See more. Letter of Mr. Trowbridge to Mr Fillmore, December 12, 1837, H. Ex. Doc. No. 4, 25th Congress, 2d Session, p. 30.
[12] Mr. Trowbridge wrote, “The loyalists are under arms along the lines and the several ferries guarded.
McKenzie and Dr Rolfe the leaders of the patriots are in this city [...]. I feel as though our situation is somewhat critical [...] disturbing the understanding that exists between this government and that of Britain”. He also presented the situation, pointing out the purpose of Mackenzie and the insurgency in Buffalo. He also suggested to Mr. Fillmore recommend to the President or Minister of War the situation in Buffalo if necessary. See more. Letter of Mr. Trowbridge to Mr Fillmore, December 12, 1837, H. Ex. Doc. No. 4, 25 th Congress, 2d Session, p. 30.
[13] The insurgent army chose Navy Island as its headquarters to set up an interim government as it had a very good place to organize, gather forces and prevent attacks from the British. The Navy Island, located on the Niagara River near both Canada and the United States, was very easy to reach in Canada, and it was also easy to call for American assistance along the border. The island had a relatively high elevation of 10 to 20 feet so it was harder to access.
A frequent gathering place of outlaws on the uninhabited island was also a concern of the Canadian Government. See. H. Jones, Ibid, p. 488.
[14] See. British-American Diplomacy: The Caroline Case, http://avalon.law.yale.edu/19th_century/br- 1842d. asp#intro [access date: 16.04.2017].
[15] S.D. Abraham, “On the Necessity of Pre- emption”, European Journal of International Law, Vol. XIV, No. 2, 2003, p. 215.
[16] J.B. Moore, History and Digest of the International Arbitrations to which the United States has been a party, Vol. III, Washington 1898, p.
2426.
[17] See. L.P. Rouillard, “The Caroline Case:
Anticipatory Self-Defence in Contemporary International Law, Miskolc Journal of International Law, Vol. I, No. 2, 2004, p. 106-107.
[18] Gilman Appleby's testimony of what happened on board Caroline was later confirmed by Charles F Harding, James H. King, William Seaman, William Kennedy, William Wells, John Leonard Sylvanus Staring and John Haggarty in their testimony. These people admitted that they were on board Caroline at the time and that statements by Gilman Appleby were true. See more. Affidavit of the Commander of the Caroline, December 30, 1837, [in:] British and Foreign State Papers, 1837-1838, Vol. XXVI, London 1855, p. 1373-1375.
[19] See more. Affidavit of the Commander of the Caroline, December 30, 1837, [in:] British and Foreign State…, p. 1374.
[20] According to initial testimony of Captain Caroline and his crew, after the attack, only 21 people were found aboard, Amos Durfee was killed, others were wounded, and twelve were missing. These missing persons were believed to have been on board when the Caroline sank at Niagara Falls. However, in reality, only two dead were Amos Durfee killed in the dock with a bullet on his head and a little boy serving chamber known as "Little Billy" was shot while trying to escape from Caroline. Two people were arrested as prisoners. One was a 19-year-old American and one was Canadian. Both were led.
Americans paid and returned to the United States, while Canadians later spent time in the defense at Chippewa. See more: Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for Correction of Errors of the State of New York, Ed. by J.L. Wendell, Vol. XXV, New York 1842, p. 485-488.
[21] See. L.C. Evensen, Martin Van Buren, North Mineapolish 2005, p. 59.
[22] See. President Martin Van Buren’s Proclamation of Neutrality in the Caroline Affair, January 5, 1838, [in:] Presidential Documents: The Speeches, Proclamations, and Policies that Have Shaped the Nation from Washington to Clinton, Ed. by J.W.
Watts, F.L. Israel, New York and London 2000, p.
91-92; See more. Message from the President of the United States to Congress and Correspondence with Great Britain January 1838 relative to the Disturbances on the Canadian Frontier of the
United States and the destruction of the Caroline American Steamboat, January 8 1838, [in:] British and Foreign State Papers…, p. 1372-1373.
[23] See. Letter of Mr. Forsyth to Mr. Fox, January 5, 1838, [in:] Reports of Cases Argued and Determined.…, p. 489-490.
[24] The advocate of Mr.Fox in the letter to Mr.Forsyth was based on a letter from the Upper Lieutenant Governor of Upper Canada, Sir Francis, the report of the investigations and the attachments sent from Upper Canada. See more. Letter of Mr. Fox to Mr.
Forsyth, February 6, 1838, [in:] Reports of Cases Argued and Determined..., Ed. J.L. Wendell, Vol.
XXV, New York 1842, p. 490-491.
[25] See more. Letter of Mr. Fox to Mr. Forsyth, February 16, 1838, [in:] Reports of Cases Argued and Determined…, p. 491.
[26] In a letter to Mr.Lord Palmerston, Mr. Stevenson sent all the documents, evidence and some signs of the anger of the British army stationed in Upper Canada, details related to the destruction, sank the Caroline and continued to issue viewpoint on compensation requirements. Attached documents included: 1. The first communication from the district attorney of the United States to the President, transmitting affidavits in relation to the destruction of the steamboat Caroline; 2. Copy of a letter from her Majesty's minister at Washington, of the 6th of February, to the Secretary of State, transmitting the copy of a communication from the Lieutenant Governor of Upper Canada, with divers reports and depositions annexed, in relation to the same; 3. Whole body of evidence of American citizens in relation to the same, taken by officers of the United States, under the direction of the Executive; the originals being on file in this legation. See more. Letter of Mr.
Stevenson to Lord Palmerston, May 22, 1838, H.Ex.
Doc. No. 183, 25th Congress, 3d Session.
[27] See. Letter of Lord Palmerston to Mr. Stevenson, June 6, 1838, [in:] Reports of Cases Argued and Determined…, p. 500; Letter of Mr. Stevenson to Mr. Forsyth, July 2, 1839, H.Ex.Doc. No.33, 26th Congress, 2d Session.
[28] Christie was suspected of being one of the British who participated in the Caroline attack on the night of December 29th, 1837. He was later accused by the United States and detained on August 23rd, 1838. November 6th 1838, the Queen sent a dispatch to Mr. Fox, the British Foreign Secretary in Washington, said that the arrest was not possible because of the fact that the actions Mr Christie allegedly acted on were personal to the superiors.
See. L.P. Rouillard, Ibid, p. 109; R.Y. Jennings,
Ibid, p. 93.
[29] Alexander McLeod served in the British Army during the Napoleonic Wars. He went to Upper Canada in the 1920s. Prior to the Caroline case, Mc Leod was assigned to Buffalo, New York to collect information. Here he learned that, on the night of December 29th, 1827, the Caroline would be used to aid the insurgents of William Lyon Mackenzie on the Navy Island. This information was then transferred to Andrew Drew, commander of the Royal Navy. It was a basis for Andrew Drew to carry out the raid and destroy the Caroline, known as the Caroline case. See. Alexander McLeod, [in:] The Canadian Encyclopedia, http://www.biographi.ca /en/bio/mcleod_alexander_10E.html [access date:
12.07.2017].
[30] See. R. Y. Jennings, Ibid, p. 85.
[31] See. National Rights and State Rights, A Review of the Case of Alaxander McLeod: Recently determined in the Supreme Court of Judicature of the State of New York, Boston 1841, p. 10.
[32] See. Letter of Mr. Fox to Mr. Forsyth, December 13, 1840, [in:] Reports of Cases Argued and Determined…, p. 500-501.
[33] See. Letter of Mr. Forsyth to Mr. Fox, December 26, 1840, Reports of Cases Argued…, p. 501-502.
[34] Martin Van Buren was the Governor of New York State. In the election campaign, Van Buren wanted to seize significant support from the state of New York. Therefore, building a good relationship between the federation and the state of New York during this time was very necessary. However, he won 1,129,102 votes, while rival William Henry Harrison with 1,275,016 votes, Van Buren even failed in his homeland - New York state. See. L.
Pastusiak, William Henry Harrison, [in:] Prezydenci Stanów Zjednoczonych Ameryki, Warsaw 2005, p.
194-195.
[35] See. Letter of Mr. Fox to Mr. Forsyth, December 29, 1840, [in:] Reports of Cases Argued…, p. 503- 505; Letter of Mr. Forsyth to Mr. Fox, December 31, 1840, [in:] Reports of Cases Argued…, p. 505.
[36] See. Inaugural Address of William Henry Harrison, Thursday, March 4, 1841, http://avalon.law.yale.edu/19th_century/harrison.asp [access date: 12.07.2017].
[37] See. Letter of Mr. Fox to Mr. Webster, March 12, 1841, [in:] The Works of Daniel Webster, Vol. VI, Boston 1864, p. 247-250.
[38] Webster asked John Crittenden to meet Governor Seward of New York to find a way to free McLeod, but Seward refused. Webster decided that McLeod's local lawyers could hardly complete the task and put
pressure on Crittenden to make sure McLeod had a lawyer. Quickly, a lawyer representing the Supreme, Joshua A. Spencer appeared as McLeod's aspirations. Spencer was known as the US district Attorney. See. A.T. Downey, The Creole Affair: The Slave Rebellion that Led the U.S. and Great Britain, New York and London 2014, p. 61.
[39] See. Letter of Mr Webster to Mr Crittenden, [in:]
British and Foreign State Papers, 1840- 1842, Published by Great Britain Foreign Office, Vol.
XXX, No. 2, London 1858, p. 1139-1142.
[40] Section 10, Article I, of the United States Constitution states: "No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War, Peace in another State, or with a foreign power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay". Under this rule, only the federal government has the power to enter into Treaties or negotiations with foreign countries. This meant that the issue of foreign affairs belonged to the federal authority. See. The World Book Encyclopedia, About America: The Constitution of the United States of America with Explanatory, 2004, p. 24 (English version.
[41] See. Public Announcement - Death of President Harrison, April 4, 1841, http://www.presidency.
ucsb.edu/ws/?pid=67332 [access date: 12.07.2017].
[42] See. L. Pastusiak, John Tyler, [in:] Prezydenci Stanów Zjednoczonych...., p. 212.
[43] See. A.T. Downey, Ibid, p. 60.
[44] See. Letter of Mr. Webster to Mr. Fox, April 24, 1841, The Works of Daniel Webster…, p.1139-1142.
[45] See more. D. Webster, The Diplomatic and Official Papers of Daniel Webster: While Secretary of State, New York 1848, p. 123-133.
[46] The trial of McLeod lasted for eight days from October 4th to 11th, 1841. Participants included: 1.
The Members of the Court; 2. The Members of the Bar and Reporters; 3. The Prisoner and Constables who attended him; 4. The Jury drawn to try him;
5.The Witnesses who had a seat by themselves; 6.
Citizens generally. See more: M.T.C. Gould, The trial of Alexander McLeod for the murder of Amos Durfee, New York 1841.
[47] Problems in the US and British relations during this period were Oregon boundary, Northeastern in Maine and New Brunswick, Caroline affair, Creole case. These issues were resolved through the
negotiation process of Webster - Ashburton Treaty in 1842. On the process of addressing these issues see more: E.D. Adams, “Lord Ashburton and the Treaty of Washington”, The American Historical Review, Vol. XVII, No. 4, July1912, p. 764-782.
[48] See more. Letter of Mr. Everett to Mr. Webster, December 31, 1841, [in:] Correspondence between Great Britain and the United States relative to the Treaty lately concluded at Washington, 1842-1843, London 1843, p. 15.
[49] Lord Ashburton had many advantages in taking the mission to Washington. Ashburton had a long time previously living in the United States. He married the daughter of Senator Bingham of Pennsylvan. R. Y. Jennings, Ibid, p. 88.
[50] Letter of Lord Ashburton to Daniel Webster, January 2, 1842, [in:] Correspondence between Great Britain…, London 1843, p. 252-254.
[51] See. Letter of Mr. Webster to Mr. Everett, January 29, 1842, [in:] Correspondence between Great Britain..., p. 18-19.
[52] In this letter, Webster also sent an attachment with the letter that Webster had replied to Mr. Fox on April 24th, 1841 and extracted from the Message of the President to the Congress at the 2nd Session of the 21st Congress. See. Extract from the Message of the President to Congress at the Commencement of the Second Session of the 21th Congress, [in:] The Works of Daniel Webster…, p. 293-294.
[53] See. Letter of Daniel Webster to Lord Ashburton, July 27, 1842, [in:] The Works of Daniel Webster…, p. 292-293.
[54] See. Letter of Lord Ashburton to Daniel Webster, July 28, 1842, [in:] The Works of Daniel Webster…, p. 294-301.
[55] See. Mr. Webster to Lord Ashburton, August 6, 1842, [in:] Message from the President of the United States to the two House of Congress at the Commencement of the Third Session of the 27th Congress, Doc. No.2, Washington 1842, p. 135-136.
[56] By the end of August 1842, the United States Congress passed a Law establishing the federal jurisdiction for similar cases to McLeod. This event, along with the message of the President of the United States on August 6, 1842, ended with the Caroline affair and McLeod’s case. See. The Writings and Speeches of Daniel Webster, Vol. XI, Ed. by J. M. McIntyre, Boston 1903, p. 295-301.
VỤ BÊ BỐI CAROLINE VÀ CUỘC KHỦNG HOẢNG NGOẠI GIAO ANH - MỸ
GIAI ĐOẠN 1837-1841
Tóm tắt: Vụ bê bối Caroline là một biến cố trong lịch sử ngoại giao Anh-Mỹ. Bắt đầu vụ tấn công là việc phá hủy con tàu Caroline của Mỹ bởi lực lượng quân đội Anh ở Upper Canada vào ngày 29 tháng 12 năm 1837. Khi sự cố xảy ra, quan điểm Anh và Mỹ đối với vấn đề này là trái ngược nhau. Sự khác nhau trong quan điểm dẫn đến vấn đề Caroline không được giải quyết, quan hệ Anh – Mỹ trở nên căng thẳng. Trước nguy cơ một cuộc chiến tranh, vấn đề Caroline được hai nước tiến hành đàm phán. Việc giải quyết vấn đề Caroline đã mở đường cho việc giải quyết các mâu thuẫn trong quan hệ hai nước thông qua hiệp ước Webster- Ashburton năm 1842. Đồng thời, sự cố này cũng đã thiết lập những nguyên tắc mới trong chính trị quốc tế. Bài báo này sẽ góp phần làm sáng tỏ lịch sử của Caroline affair, McLeod’s case và sự khủng hoảng quan hệ chính trị Anh - Mỹ liên quan đến vấn đề này kể từ năm 1837 đến 1841.
Từ khóa: Anh; Hoa Kỳ; khủng hoảng ngoại giao; Caroline affair; McLeod case.
