Tạp chí Khoa học Xã hội, Nhân văn và Giáo dục – ISSN 1859 – 4603

UED JOURNAL OF SOCIAL SCIENCES, HUMANITIES & EDUCATION

THE CAROLINE AFFAIR AND THE DIPLOMATIC CRISIS BETWEEN BRITAIN AND THE UNITED STATES IN THE PERIOD 1837-1841 Received: 05 – 09 – 2017 Nguyen Van Sang Accepted: 20 – 12 – 2017 Abstract: The Caroline affair has been one of the historical events of British-American diplomacy since http://jshe.ued.udn.vn/ 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 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.

British and American governments to resolve Caroline 1. Introduction affair while avoiding a possible war until an agreement Caroline is the name of a ship owned by the was reached through the Webster - Ashburton Treaty [3]. Americans, used to support the insurgency against British rule in Upper Canada in 1837 [1]. The ship was 2. The beginning of Caroline affair in 1837 subsequently captured, burned and sank near Niagara In 1837, in Upper Canada, present Ontario, a group Falls under the command of Colonel Alan MacNab of of people under the command of William Lyon the militia force and Captain Andrew Drew of British Mackenzie [4] revolted against British rule to fight for Royal Navy. Americans see this incident as an Canadian independence [5]. The intrusion of liberalism encroachment on their state honor. Immediately the and coercion by the British colonial Government in Americans along the border asked the Government to Canada was the main cause of the uprising. In addition, start a war with Britain in Canada. The diplomatic crisis Canadians were not satisfied with the British rule and in relations between Britain and America emerged. It considered the United States as a model, a source of was called Caroline affair, Caroline case, Caroline support and shelter [6]. The news of the uprising spread incident or Caroline controversy [2]. This crisis could 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 * Corresponding author revolt believed that the uprising was the spiritual Nguyen Van Sang The University of Danang - University of Science and Education succession of the war of independence in 1776. They PhD.Candidate, Institute of History - University of Lodz, Poland Email: [email protected] hoped the uprising would completely eradicate the be lead to the outbreak of a war between the two British rule in North America, what Americans regretted countries. Diplomatic activities were conducted by the when their revolution in 1783 did not achieve. They believed that Britain had finally given up its rule in

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North America, and Canada would join the Federation began receiving support from the Caroline. This vessel of Americas. American supporters of the uprising also worked like a ferry from the US coast [15], mainly at intended to bring the issue of democracy into Canada, Black Rock and the Navy Island in communication furthermore desired for interests in this land. At this between insurgents on the island to land [16]. Colonel time, the bearers of missionary ideals in the American Allan Napier Mc Nab, the commander of British forces at leadership also strongly supported the uprising [8]. Chippewa, predicted that the destruction of the Caroline Their support posed a threat to peace between Britain would prevent American support for the Navy Island and and the United States, which had strained ties between disrupted the Canadian admission plan by the rebellion. the two countries, possibly leading to a war between the Therefore, he ordered an expedition for this purpose [17]. two. The US Government also recognized that. On According to Captain Gilman Appleby, the November 21st, 1837, the United States declared neutral Caroline departed Buffalo on the morning of December for the uprising and called on the Americans to obey 29th and arrived at the port of Schlosser in New York. [9]. However, due to the strong involvement of a large On the way, the train stopped at Black Rock. Upon body of American citizens in the uprising, government leaving the Black Rock, a series of rifles fired at efforts failed [10]. Caroline from Canada but did not damage it. After Subsequent to his failure in Upper Canada, releasing "a guest number" on the Navy Island, Caroline , the leader of the uprising and docked and landed at Fort Schlosser around 3 pm. In the a remnant of the group, fled to the United States seeking afternoon, Caroline made two trips to the Navy Island more support. As the insurgents arrived in Buffalo, Dec and finally returned to Schlosser around 6 pm. In the 12th, 1837 Trowbridge, Mayor of Buffalo, sent a letter evening, 10 crew and 23 people were all American to Mr. Fillmore, who was later a member of the US citizens who stayed on board the whole night. At Senate. In the letter, he expressed concern that the midnight, about 70-80 men were armed with weapons presence of insurgents and the support of a part of the on board and attacked on board ships with rifles and Americans would pose a nuisance to relations between swords. Crew and passengers with all 33 people tried to Britain and the United States [11]. On the following escape. The ship was captured, towed to land owned by day, William Lyon Mackenzie and Rolfe held a meeting British forces, then was cut, pulled out to pull to the in Buffalo, New York on the rise, calling for arms river, burned and pushed down the Niagara Falls [18]. assistance and recruiting American volunteers to enter The captain and crew all said that the attack was carried Upper Canada. Immediately, hundreds of American out by British forces garrisoned in Upper Canada's volunteers joined, weapons and ammunition were Chippewa. Because, after Caroline was destroyed, they provided [12]. heard loud shouting from the shores of Canada [19]. In At the same time, William Lyon Mackenzie, along the attack, the two killed Amos Durfee were killed in with more than 25 men, controlled and formed an the dock with a bullet on the head and a boy serving the interim government in the Navy Island [13]. The cabin on the board, two others were arrested [20]. uprising caused British attention. The governor of Upper Canada sent a message to the Governor of New 3. British-American opinions and the diplomatic crisis in their relations related to the Caroline affair York to inform the insurgents but did not receive a reply. The situation became more serious when on On January 4th 1838, President Van Buren received December 28th, 1837, Mr. Trowbridge reported that 200 information about Caroline affair and determined to or 300 men, mostly American campers were found on avoid a war with Britain. Van Buren immediately the Navy Island in Upper Canada. The force was armed ordered General Winfield Scott to come to the Niagara under the command of an American named Van border to lead the US military and use his "rhetoric and Rensselaer and involved in the uprising. The force then diplomacy" to awake American volunteers withdraw increased to more than 1,000 people [14]. In particular, from the uprising of the Canadians [21]. On January this was also the time when insurgents on the island 5th, 1838, President Van Buren issued a neutral

45 Nguyen Van Sang statement, urging US citizens to stop hostilities. He said November 12th, 1840 [31]. McLeod was arrested at these actions affected the neutrality of the United States, Lockport prison for allegedly deliberately burning down interfered in the internal affairs of neighboring British the Caroline and killing Amos Durfee. territories, and even violated the law and territory of the Following the arrest of Christie and McLeod, the neighboring country [22]. On the same day, the United British administration began to issue visas for the States gave its first opinion regarding Caroline affair by Caroline affair and McLeod case. December 13th, 1840 Mr. Forsyth, the message of US Secretary of State to the Fox sent a letter to Mr. Forsyth responded to the arrest British Minister, Fox in Washington. Mr. Forsyth of McLeod by US Government. He said the accusation expressed his surprise, regretted the incident, and was insufficient evidence and called for McLeod's warned that the incident would create the subject of a release. In the letter, Mr. Fox reiterated the principle claim and demanded Upper Canada to respond soon to mentioned in the case of Christie and reaffirmed that the the incident [23]. However, on the British side, Mr. Fox case of McLeod was just the execution of the order by in the reply letter of 6 January 1838 made three pleas the superiors. The destruction of the Caroline ship was for the action by British forces: 1. The piracy nature of the topic of discussion between the two governments the Caroline ship and the need for self-defense; 2. The and could not force citizens to take responsibility [32]. usual US rules were not enforced at the time of the Mr. Forsyth answered Mr. Fox that McLeod's event and in reality the rebels were publicly imprisonment is the jurisdiction of the State of New acknowledged; 3. Caroline's pursuit and destruction was York, not under the authority of the federal government, self-defense and self-preservation [24]. On the basis of so the interference by the federal government in the area the defense, the British expressed a lack of seriousness, under the jurisdiction of the state would be no interest, no recognition of any wrongdoing [25]. inappropriate [33]. In fact, at this moment, President Britain's lack of respect for the Caroline affair did not Van Buren was campaigning for the election and trying please the United States government. Not giving up, the to win the support of state voters, especially in New ambassador of the United States in London, Stevenson York state. The view of the state and the federal continued to pursue the case. He sent a letter to British authority was one of the most sensitive political issues Foreign Secretary Lord Palmerston, who promised to at the moment [34]. So, during the exchange between look into the issue [26]. The issue was actually reviewed Mr. Fox and Mr. Forsyth later, their views on Caroline again by lawyers. However, their report dated February and McLeod did not change significantly [35]. 21, 1838 and concluded on March 25, 1838, the British affirmed, they felt that the actions of British institutions 4. The process of negotiation and resolutions were absolutely necessary for the future, not retaliation about the Caroline affair for the past. As a result, they believed the behavior of When William Henry Harrison was elected British forces was in accordance with the National Law. President on March 4th, 1841, his administration This argument was repeated in the subsequent time that embodied more pragmatic thoughts on US issues, led to Caroline affair not being adequately dealt with. including relations with Britain [36]. British Minister, Stevenson's efforts did not change the British attitude Mr. Fox felt that the new administration was fit to [27]. In fact, the British began to worry about the demand the release of Alexander McLeod. Therefore, Caroline ship affair during Christie's arrest for allegedly on March 12th 1841, Mr. Fox sent a letter to US engaging in assaults on Caroline ship [28] and Secretary of State , who was considered Alexander McLeod [29] on charges of murdering and more tolerant than his predecessor. Beside representing burning down Caroline ship [30]. the same opinion as in the conversations with Mr. The McLeod’s case began with the fact that a Forsyth, Mr. Fox presented a new opinion that the deputy police of Niagara County in Upper Canada McLeod’s case was an international political issue that named Alexander McLeod boasted that he was involved must be resolved by the two governments, and the New in the destruction of the Caroline. Immediately, the US York State court had no capacity and authority to decide authorities arrested McLeod in Lewiston, New York on [37]. As it was related to the relationship between

46 ISSN 1859 - 4603 - UED Journal of Social Sciences, Humanities & Education, Vol 7. No.5 (2017), 44-52 federal and state rights, so when receiving a letter from trial took place and there was no evidence that McLeod's Mr. Fox, Daniel Webster immediately sent a letter to involvement in the Caroline affair. McLeod was acquitted John J. Crittenden, Attorney General of the United in October 1841 [46]. States for legal support for McLeod's problem [38]. At this point, the failure to resolve the Caroline Two problems were stated by Mr. Webster that he affair and the lengthy handling of the McLeod's case, would like to adopt the McLeod's case to force the along with other issues, was the reason for the growing British government to resolve the Caroline affair and to tension between the United States and Britain that seek help from Crittenden to find the way to liberate needed to be resolved by a peaceful measure to prevent McLeod [39]. Based on the Constitution, the Harrison a war [47]. In fact, national honor was a barrier for the administration said that the federation had jurisdiction United States government and Britain in resolving the over diplomatic relations and that it was the basis for the Caroline affair. In this situation, at the meeting between intervention in the state of New York for McLeod’s Lord Aberdeen, Secretary of State for Foreign Affairs case [40]. and Edward Everett, Ambassador of the United States to However, within a month of his administration, London in late December 1841 [48], Aberdeen Harrison died [41]. John Tyler replaced him to be the announced that Lord Ashburton who would be sent to President of the United States, continuing to assert that Washington [49] had a mission to negotiate with the there was no great disagreement with Britain, United States on border issues and other issues, advocating peaceful relations and bringing about much including the Caroline affair and McLeod's case [50]. change in the British foreign policy [42]. At the start of Lord Ashburton's mission also received support from the administration of John Tyler, one of the Caroline the new US administration [51]. During the treaty affair’s and McLeod's controversial events changed the negotiations, Webster and Ashburton exchanged letters. course when Daniel Webster, who had been appointed On July 27th, 1842, Webster sent a letter to Lord Secretary of State, sent letters to Mr. John Tyler. Fox on Ashburton about the Caroline affair, which provided a April 24th, 1841. In the letter, Webster presented the more detailed formula of self-defense and self- solution to both Caroline affair and McLeod case. One preservation [52]. Webster continued to assert that the of the contents of this letter was known as "Caroline destruction of the Caroline ship had severely damaged Ruler" in the international law [43]. Webster accepted the sovereignty and honor of the United States while the the British request for personal non-liability in the event United States had not received any compensation, even that they acted on the orders of the superiors, or in other apologies from the British [53]. In response to Webster, words, Webster had drafted and firstly issued the right Lord Ashburton, seeking to find a peaceful solution to of self-defense and protection (self-defense and self- British-US relations, acknowledged that the Caroline preservation). However, the trial was a hindrance to the affair was destroyed by British forces in Upper Canada. release of McLeod. If the federal government intervened This action had been accepted by the British to free McLeod, it had to find a way to comply with the government and was not intended to be disrespectful to law and the proceedings of the court [44]. This meant that the United States authorities. Ashburton said it was too McLeod had to be brought to court so that prosecutors long since the incident, so he expressed the desire to could file charges against prosecution. Webster explained apologize to the United States Government and to that while British law allowed the prosecutor to institute provide justification for British action in the case of charges of not being prosecuted at any time during the Caroline [54]. Thus, Webster acknowledged that the use course of the case, New York state law only allowed this of force was justified as a necessity of self-defense, in the sessions of court meeting [45]. This made Fox while Lord Ashburton argued that there were plausible unhappy when he pointed out that McLeod was not grounds for defending the United States. The United guilty and did not have to be judged. However, the New States had received a similar apology from the British York Supreme Court rejected a “nolle prosequi” and also government via Ashburton's letter which made President denied the “habeas corpus” order. The only way that the John Tyler satisfied and affirmed that the Caroline affair court could do was to judge at the court. The McLeod's would never become further discussion between the two

47 Nguyen Van Sang governments [55]. The British side did not have to See more. H.T. Gordon, The Treaty of Washington, compensate for the Caroline's destruction by Caroline's Concluded August 9, 1842, by Daniel Webster and allegedly illegal operation. Thus, the United States and Lord Ashburton, Berkeley 1908. [4] William Lyon Mackenzie was also known as the United Kingdom were satisfied with each other's McKenzie and Mackenzie. He was a businessman, views. The Caroline affair was officially closed two journalist, politician born in Scotland in 1795 and days before the Webster - Ashburton treaty was signed a died in 1861 in Toronto, Canada. Mackenzie was the few days later [56]. leader of the 1837 uprising in Upper Canada, a member of the Legislative Assembly and the first 5. Conclusion Mayor of Toronto. He played an important role in Thus, the Caroline affair in 1837 and McLeod’s the pre-Columbian political life in Canada. See more. William Lyon Mackenzie, http://www.thecana case was a diplomatic incident in the relationship dianencyclopedia.ca/en/article/mackenzie-william- between Britain and the United States over the issue of lyon/ [access date: 16.06.2017]; William Lyon Canada. National interests and honor were the issues Mackenzie, Canadian Journalist and Revolutionary, that caused the problem to last long, leading to tensions [in:] Encyclopedia Britannica, in the relationship between the two countries. However, https://www.britannica.com/biography/William- the highly regarded point of views of the two Lyon-Mackenzie [access date: 16.06.2017]. governments were the basis for ending the Caroline [5] About the cause of the uprising in 1837 see more. R. Collin, S.J. Ronald, The Rebellion of 1837 in affair and McLeod's case. Ending the Caroline affair Upper Canada, Ottawa, Canada 1988. solved one of the major conflicts between the United [6] According to Daniel Leab, there are three main States and Britain, ending the threat of war between the causes for Caroline Affair: First, due to a geographic two countries, similar to the war of 1812, and providing map error, a portion of the border between the bases to discuss other issues and sign the Webster - United States and Canada under British rule had Ashburton Treaty in 1842. The settlement process of the been still in dispute. Second, the Americans believed Caroline affair had also formed the anticipatory self- that the British would be expelled from North America and Canada would join the Federation of defense principle in international law and became one of Americas. Third, Canadians were unhappy with the the principles of national politics. British rule and considered the United States as a source of support for the uprisings. See. D.J. Leab, Footnotes and References Encyclopedia of American Recessions and Depressions, Vol. I, Oxford 2014, p. 155. [1] Caroline Steamboat had a rather complicated [7] When the uprising started, more than 1000 people history. It was a 46 ton, 74 feet steam vessel that participated. These people mostly came from was built at Ogdensburg, New York in 1824 and was northern Toronto, mostly immigrants from the used until it was burned on December 29th, 1837. United States. See more. Rebellion in Upper See. Caroline (Steamboat), burnt & over the falls, Canada, [in:] The Canadian Encyclopedia, December 29th, 1837, http://images.maritimehistory http://www.thecanadianencyclopedia.ca/en/article/re ofthegreatlakes.ca/47530/data [access date: bellion-in-upper-canada/ [access date: 16.06.2017]. 16.06.2017]. [8] Interests in Canada were not a new issue, [2] See. E. Collins., Jr., M.A. Rogoff, “The Caroline especially territorial issues were always concerned Incident of 1837, the McLeod Affair of 1840-1841, about the UK and the US. At this point, the vigorous and the Development of International Law”, development of missionary thinking in the American American Review of Canadian Studies, Vol. XX, I.1, society was one of the driving forces behind the 1990, p. 81. support of the border residents and the American [3] The Webster - Ashburton Treaty, also known as leadership. See. H. Jones, “The Caroline Affair”, the Washington Treaty, were signed on August 9th, The Historian, Vol XXXVIII, No. 3, 1976, p. 485. 1842 between Daniel Webster representing the [9] On December 7th, 1837, Secretary of State John United States Government and Lord Ashburton Forsyth sent a letter to the Governors of New York, representing the British Government to deal with Vermont and Michigan expressing the President's issues related to border dispute and other issues in instructions to respect international obligations and the relationship between Britain and the United restrain any intervention in the internal affairs of States. About the history of the Washington Treaty.

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another country to avoid hostility against the United [16] J.B. Moore, History and Digest of the States. See more. Letter of Mr. Forsyth to Governor International Arbitrations to which the United States Marcy, December 7, 1837, H. Ex. Doc. No. 4, 25 th has been a party, Vol. III, Washington 1898, p. Congress, 2d Session, p. 29-30. 2426. [10] See. R.Y. Jennings, “The Caroline and McLeod [17] See. L.P. Rouillard, “The Caroline Case: Cases”, The American Journal of International Law, Anticipatory Self-Defence in Contemporary Vol. XXXII, No. 1, 1938, p. 82. International Law, Miskolc Journal of International [11] Mr. Trowbridge wrote, “The loyalists are under Law, Vol. I, No. 2, 2004, p. 106-107. arms along the lines and the several ferries guarded. [18] Gilman Appleby's testimony of what happened on McKenzie and Dr Rolfe the leaders of the patriots board Caroline was later confirmed by Charles F are in this city [...]. I feel as though our situation is Harding, James H. King, William Seaman, William somewhat critical [...] disturbing the understanding Kennedy, William Wells, John Leonard Sylvanus that exists between this Government and that of Staring and John Haggarty in their testimony. These Britain”. He also presented the situation, pointing people admitted that they were on board Caroline at out the purpose of Mackenzie and the insurgency in the time and that statements by Gilman Appleby Buffalo. He also suggested that Mr. Fillmore were true. See more. Affidavit of the Commander of recommend to the President or Minister of War the the Caroline, December 30, 1837, [in:] British and situation in Buffalo if necessary. See more. Letter of Foreign State Papers, 1837-1838, Vol. XXVI, Mr. Trowbridge to Mr Fillmore, December 12, London 1855, p. 1373-1375. 1837, H. Ex. Doc. No. 4, 25th Congress, 2d Session, [19] See more. Affidavit of the Commander of the p. 30. Caroline, December 30, 1837, [in:] British and [12] Mr. Trowbridge wrote, “The loyalists are under Foreign State…, p. 1374. arms along the lines and the several ferries guarded. [20] According to initial testimony of Captain Caroline McKenzie and Dr Rolfe the leaders of the patriots and his crew, after the attack, only 21 people were are in this city [...]. I feel as though our situation is found aboard, Amos Durfee was killed, others were somewhat critical [...] disturbing the understanding wounded, and twelve were missing. These missing that exists between this government and that of persons were believed to have been on board when Britain”. He also presented the situation, pointing the Caroline sank at Niagara Falls. However, in out the purpose of Mackenzie and the insurgency in reality, only two dead were Amos Durfee killed in Buffalo. He also suggested to Mr. Fillmore the dock with a bullet on his head and a little boy recommend to the President or Minister of War the serving chamber known as "Little Billy" was shot situation in Buffalo if necessary. See more. Letter of while trying to escape from Caroline. Two people Mr. Trowbridge to Mr Fillmore, December 12, were arrested as prisoners. One was a 19-year-old 1837, H. Ex. Doc. No. 4, 25 th Congress, 2d American and one was Canadian. Both were led. Session, p. 30. Americans paid and returned to the United States, [13] The insurgent army chose Navy Island as its while Canadians later spent time in the defense at headquarters to set up an interim government as it Chippewa. See more: Reports of Cases Argued and had a very good place to organize, gather forces and Determined in the Supreme Court of Judicature and prevent attacks from the British. The Navy Island, in the Court for Correction of Errors of the State of located on the near both Canada and New York, Ed. by J.L. Wendell, Vol. XXV, New the United States, was very easy to reach in Canada, York 1842, p. 485-488. and it was also easy to call for American assistance [21] See. L.C. Evensen, , North along the border. The island had a relatively high Mineapolish 2005, p. 59. elevation of 10 to 20 feet so it was harder to access. [22] See. President Martin Van Buren’s Proclamation A frequent gathering place of outlaws on the of Neutrality in the Caroline Affair, January 5, uninhabited island was also a concern of the 1838, [in:] Presidential Documents: The Speeches, Canadian Government. See. H. Jones, Ibid, p. 488. Proclamations, and Policies that Have Shaped the [14] See. British-American Diplomacy: The Caroline Nation from Washington to Clinton, Ed. by J.W. Case, http://avalon.law.yale.edu/19th_century/br- Watts, F.L. Israel, New York and London 2000, p. 1842d. asp#intro [access date: 16.04.2017]. 91-92; See more. Message from the President of the [15] S.D. Abraham, “On the Necessity of Pre- United States to Congress and Correspondence with emption”, European Journal of International Law, Great Britain January 1838 relative to the Vol. XIV, No. 2, 2003, p. 215. Disturbances on the Canadian Frontier of the

49 Nguyen Van Sang United States and the destruction of the Caroline Ibid, p. 93. American Steamboat, January 8 1838, [in:] British [29] Alexander McLeod served in the British Army and Foreign State Papers…, p. 1372-1373. during the Napoleonic Wars. He went to Upper [23] See. Letter of Mr. Forsyth to Mr. Fox, January 5, Canada in the 1920s. Prior to the Caroline case, Mc 1838, [in:] Reports of Cases Argued and Leod was assigned to Buffalo, New York to collect Determined.…, p. 489-490. information. Here he learned that, on the night of [24] The advocate of Mr.Fox in the letter to Mr.Forsyth December 29th, 1827, the Caroline would be used to was based on a letter from the Upper Lieutenant aid the insurgents of William Lyon Mackenzie on Governor of Upper Canada, Sir Francis, the report of the Navy Island. This information was then the investigations and the attachments sent from transferred to Andrew Drew, commander of the Upper Canada. See more. Letter of Mr. Fox to Mr. Royal Navy. It was a basis for Andrew Drew to Forsyth, February 6, 1838, [in:] Reports of Cases carry out the raid and destroy the Caroline, known as Argued and Determined..., Ed. J.L. Wendell, Vol. the Caroline case. See. Alexander McLeod, [in:] The XXV, New York 1842, p. 490-491. Canadian Encyclopedia, http://www.biographi.ca [25] See more. Letter of Mr. Fox to Mr. Forsyth, /en/bio/mcleod_alexander_10E.html [access date: February 16, 1838, [in:] Reports of Cases Argued 12.07.2017]. and Determined…, p. 491. [30] See. R. Y. Jennings, Ibid, p. 85. [26] In a letter to Mr.Lord Palmerston, Mr. Stevenson [31] See. National Rights and State Rights, A Review of sent all the documents, evidence and some signs of the Case of Alaxander McLeod: Recently determined the anger of the British army stationed in Upper in the Supreme Court of Judicature of the State of Canada, details related to the destruction, sank the New York, Boston 1841, p. 10. Caroline and continued to issue viewpoint on [32] See. Letter of Mr. Fox to Mr. Forsyth, December compensation requirements. Attached documents 13, 1840, [in:] Reports of Cases Argued and included: 1. The first communication from the Determined…, p. 500-501. district attorney of the United States to the President, [33] See. Letter of Mr. Forsyth to Mr. Fox, December transmitting affidavits in relation to the destruction 26, 1840, Reports of Cases Argued…, p. 501-502. of the steamboat Caroline; 2. Copy of a letter from [34] Martin Van Buren was the Governor of New York her Majesty's minister at Washington, of the 6th of State. In the election campaign, Van Buren wanted February, to the Secretary of State, transmitting the to seize significant support from the state of New copy of a communication from the Lieutenant York. Therefore, building a good relationship Governor of Upper Canada, with divers reports and between the federation and the state of New York depositions annexed, in relation to the same; 3. Whole during this time was very necessary. However, he body of evidence of American citizens in relation to won 1,129,102 votes, while rival William Henry the same, taken by officers of the United States, Harrison with 1,275,016 votes, Van Buren even under the direction of the Executive; the originals failed in his homeland - New York state. See. L. being on file in this legation. See more. Letter of Mr. Pastusiak, William Henry Harrison, [in:] Prezydenci Stevenson to Lord Palmerston, May 22, 1838, H.Ex. Stanów Zjednoczonych Ameryki, Warsaw 2005, p. Doc. No. 183, 25th Congress, 3d Session. 194-195. [27] See. Letter of Lord Palmerston to Mr. Stevenson, [35] See. Letter of Mr. Fox to Mr. Forsyth, December June 6, 1838, [in:] Reports of Cases Argued and 29, 1840, [in:] Reports of Cases Argued…, p. 503- Determined…, p. 500; Letter of Mr. Stevenson to 505; Letter of Mr. Forsyth to Mr. Fox, December 31, Mr. Forsyth, July 2, 1839, H.Ex.Doc. No.33, 26th 1840, [in:] Reports of Cases Argued…, p. 505. Congress, 2d Session. [36] See. Inaugural Address of William Henry [28] Christie was suspected of being one of the British Harrison, Thursday, March 4, 1841, who participated in the Caroline attack on the night http://avalon.law.yale.edu/19th_century/harrison.asp of December 29th, 1837. He was later accused by [access date: 12.07.2017]. the United States and detained on August 23rd, [37] See. Letter of Mr. Fox to Mr. Webster, March 12, 1838. November 6th 1838, the Queen sent a dispatch 1841, [in:] The Works of Daniel Webster, Vol. VI, to Mr. Fox, the British Foreign Secretary in Boston 1864, p. 247-250. Washington, said that the arrest was not possible [38] Webster asked John Crittenden to meet Governor because of the fact that the actions Mr Christie Seward of New York to find a way to free McLeod, allegedly acted on were personal to the superiors. but Seward refused. Webster decided that McLeod's See. L.P. Rouillard, Ibid, p. 109; R.Y. Jennings, local lawyers could hardly complete the task and put

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pressure on Crittenden to make sure McLeod had a negotiation process of Webster - Ashburton Treaty lawyer. Quickly, a lawyer representing the Supreme, in 1842. On the process of addressing these issues Joshua A. Spencer appeared as McLeod's see more: E.D. Adams, “Lord Ashburton and the aspirations. Spencer was known as the US district Treaty of Washington”, The American Historical Attorney. See. A.T. Downey, The Creole Affair: The Review, Vol. XVII, No. 4, July1912, p. 764-782. Slave Rebellion that Led the U.S. and Great Britain, [48] See more. Letter of Mr. Everett to Mr. Webster, New York and London 2014, p. 61. December 31, 1841, [in:] Correspondence between [39] See. Letter of Mr Webster to Mr Crittenden, [in:] Great Britain and the United States relative to the British and Foreign State Papers, 1840- 1842, Treaty lately concluded at Washington, 1842-1843, Published by Great Britain Foreign Office, Vol. London 1843, p. 15. XXX, No. 2, London 1858, p. 1139-1142. [49] Lord Ashburton had many advantages in taking [40] Section 10, Article I, of the United States the mission to Washington. Ashburton had a long Constitution states: "No State shall, without the time previously living in the United States. He Consent of Congress, lay any Duty of Tonnage, keep married the daughter of Senator Bingham of Troops, or Ships of War, Peace in another State, or Pennsylvan. R. Y. Jennings, Ibid, p. 88. with a foreign power, or engage in War, unless [50] Letter of Lord Ashburton to Daniel Webster, actually invaded, or in such imminent Danger as will January 2, 1842, [in:] Correspondence between not admit of delay". Under this rule, only the federal Great Britain…, London 1843, p. 252-254. government has the power to enter into Treaties or [51] See. Letter of Mr. Webster to Mr. Everett, January negotiations with foreign countries. This meant that 29, 1842, [in:] Correspondence between Great the issue of foreign affairs belonged to the federal Britain..., p. 18-19. authority. See. The World Book Encyclopedia, [52] In this letter, Webster also sent an attachment with About America: The Constitution of the United the letter that Webster had replied to Mr. Fox on States of America with Explanatory, 2004, p. 24 April 24th, 1841 and extracted from the Message of (English version. the President to the Congress at the 2nd Session of [41] See. Public Announcement - Death of President the 21st Congress. See. Extract from the Message of Harrison, April 4, 1841, http://www.presidency. the President to Congress at the Commencement of ucsb.edu/ws/?pid=67332 [access date: 12.07.2017]. the Second Session of the 21th Congress, [in:] The [42] See. L. Pastusiak, John Tyler, [in:] Prezydenci Works of Daniel Webster…, p. 293-294. Stanów Zjednoczonych...., p. 212. [53] See. Letter of Daniel Webster to Lord Ashburton, [43] See. A.T. Downey, Ibid, p. 60. July 27, 1842, [in:] The Works of Daniel Webster…, [44] See. Letter of Mr. Webster to Mr. Fox, April 24, p. 292-293. 1841, The Works of Daniel Webster…, p.1139-1142. [54] See. Letter of Lord Ashburton to Daniel Webster, [45] See more. D. Webster, The Diplomatic and July 28, 1842, [in:] The Works of Daniel Webster…, Official Papers of Daniel Webster: While Secretary p. 294-301. of State, New York 1848, p. 123-133. [55] See. Mr. Webster to Lord Ashburton, August 6, [46] The trial of McLeod lasted for eight days from 1842, [in:] Message from the President of the United October 4th to 11th, 1841. Participants included: 1. States to the two House of Congress at the The Members of the Court; 2. The Members of the Commencement of the Third Session of the 27th Bar and Reporters; 3. The Prisoner and Constables Congress, Doc. No.2, Washington 1842, p. 135-136. who attended him; 4. The Jury drawn to try him; [56] By the end of August 1842, the United States 5.The Witnesses who had a seat by themselves; 6. Congress passed a Law establishing the federal Citizens generally. See more: M.T.C. Gould, The jurisdiction for similar cases to McLeod. This event, trial of Alexander McLeod for the murder of Amos along with the message of the President of the Durfee, New York 1841. United States on August 6, 1842, ended with the [47] Problems in the US and British relations during Caroline affair and McLeod’s case. See. The this period were Oregon boundary, Northeastern in Writings and Speeches of Daniel Webster, Vol. XI, Maine and New Brunswick, Caroline affair, Creole Ed. by J. M. McIntyre, Boston 1903, p. 295-301. case. These issues were resolved through the

VỤ BÊ BỐI CAROLINE VÀ CUỘC KHỦNG HOẢNG NGOẠI GIAO ANH - MỸ

51 Nguyen Van Sang 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.

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