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Caroline affair

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An international incident (or diplomatic incident ) is a dispute between two or more states that are not settled judicially.

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45-735: The Caroline affair (also known as the Caroline case ) was an international incident involving the United States , the United Kingdom , and the Canadas which started in 1837 and lasted until 1842. While ultimately a minor historical event, it eventually acquired substantial international legal significance. The affair began on December 28, 1837, when hundreds of Americans who had been recruited by Upper Canada Rebellion leader William Lyon Mackenzie encamped on Navy Island on

90-639: A Black American watchmaker, Amos Durfee, was accidentally killed by an unknown person. As news of the burning spread, a number of American newspapers falsely reported "the death of twenty-two of her crew" when only Durfee was killed. Public opinion in the United States was outraged over the burning, and President Martin Van Buren protested to the government of the United Kingdom over the incident. British diplomat Henry Stephen Fox summarized

135-682: A British force consisting of militiamen and law enforcement officers across the Canada–United States border . The force chased off the crew of Caroline , towed the vessel into the currents of the Niagara River and set her on fire before casting the ship adrift; Caroline proceeded to float over the Niagara Falls and was destroyed. During the confrontation between the British force and the crew, which involved shots being fired,

180-550: A deliberate but small provocative action by espionage agents of one state, or by terrorists , against another state. An international incident usually arises during a time of relative peace between states, and in general is, on the surface, an unexpected event. Conflicts that grow out of a series of escalating skirmishes between states generally are not considered international incidents; however, terrorist actions can and often do become international incidents. However, historical views of past international incidents often reveal

225-795: A few days later in London. After these defeats, Mackenzie and his followers fled to Navy Island in the Niagara River, which they declared the foundation of the Republic of Canada on board the vessel Caroline . Throughout these events, the Canadian rebels enjoyed widespread support from American citizens, who provided them supplies and bases from which to launch raids on the British authorities in Canada. On December 29, 1837, Canadian militia colonel Allan MacNab and Royal Navy captain Andrew Drew led

270-497: A foreign power, have violated no law... they have done no more than has been done again and again by the people of every nation. Your own recollections of history will furnish your minds with hundreds of examples. The Swiss nation have, for hundreds of years, fed all the armies of Europe; and who ever thought of holding them responsible for it? They did no more than Admiral Lord Cochrane did in taking part with South America. They did no more than Lord Byron did, who gave his life to aid

315-574: A greater or lesser degree (for instance Chancellor of the Duchy of Lancaster or Lord Privy Seal ). The government is sometimes referred to by the metonym " Westminster " or " Whitehall ", as many of its offices are situated there. These metonyms are used especially by members of the Scottish Government , Welsh Government and Northern Ireland Executive to differentiate their government from His Majesty's Government. The United Kingdom

360-578: A hostile parliament that repeatedly ejected him for his reform efforts. By 1837, Mackenzie had given up on peaceful means for reform and began to prepare for an uprising. In December 1837, Mackenzie began the Upper Canada Rebellion by fighting government troops in the Battle of Montgomery's Tavern . His forces were heavily outnumbered and outgunned, and they were defeated in less than an hour. Mackenzie's allies suffered another major setback

405-482: A member of either House of Parliament. In practice, however, the convention is that ministers must be members of either the House of Commons or the House of Lords to be accountable to Parliament. From time to time, prime ministers appoint non-parliamentarians as ministers. In recent years such ministers have been appointed to the House of Lords. The government is required by convention and for practical reasons to maintain

450-412: A new House of Commons, unless the prime minister advises the monarch to dissolve Parliament , in which case an election may be held sooner. After an election, the monarch selects as prime minister the leader of the party most likely to command the confidence of the House of Commons, usually by possessing a majority of MPs. Under the uncodified British constitution , executive authority lies with

495-617: A solution to the incident through diplomatic means. Initially, the League of Nations had some success in working to find diplomatic solutions, however the failure of the League of Nations to prevent World War II resulted in the disbandment of the League of Nations in favor of the United Nations . As with its predecessor, the United Nations provides a means by which nations involved in an international incident can work to resolve

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540-604: A substantial grant from the government, the Sovereign Support Grant , and Queen Elizabeth II's inheritance from her mother, Queen Elizabeth The Queen Mother , was exempt from inheritance tax . In addition to legislative powers, His Majesty's Government has substantial influence over local authorities and other bodies set up by it, through financial powers and grants. Many functions carried out by local authorities, such as paying out housing benefits and council tax benefits, are funded or substantially part-funded by

585-424: Is a constitutional monarchy in which the reigning monarch (that is, the king or queen who is the head of state at any given time) does not make any open political decisions. All political decisions are taken by the government and Parliament. This constitutional state of affairs is the result of a long history of constraining and reducing the political power of the monarch, beginning with Magna Carta in 1215. Since

630-458: Is instant, overwhelming, and leaving no choice of means, and no moment for deliberation". This formulation is part of the Caroline test . The Reform Movement of Upper Canada in Ontario was a movement to make the British colonial administration in Canada more democratic and less corrupt. William Lyon Mackenzie was one of the key leaders of this movement. He was repeatedly elected to serve in

675-603: Is not vital. A government is not required to resign even if it loses the confidence of the Lords and is defeated in key votes in that House. The House of Commons is thus the responsible house . The prime minister is held to account during Prime Minister's Questions (PMQs) which provides an opportunity for MPs from all parties to question the PM on any subject. There are also departmental questions when ministers answer questions relating to their specific departmental brief. Unlike PMQs, both

720-483: The Greater London Authority disputed. Similarly, the monarch is immune from criminal prosecution and may only be sued with his permission (this is known as sovereign immunity ). The sovereign, by law, is not required to pay income tax, but Queen Elizabeth II voluntarily paid it from 1993 until the end of her reign in 2022, and also paid local rates voluntarily. However, the monarchy also received

765-526: The British justification for the incursion in an 1841 letter to John Forsyth : The steamboat Caroline was a hostile vessel engaged in piratical war against her Majesty's people... it was under such circumstances, which it is to be hoped will never recur, that the vessel was attacked by a party of her Majesty's people, captured and destroyed. The Attorney General of New York , Willis Hall , responded by stating: Those of our fellow citizens... single-handed and alone, left our territory and united themselves with

810-478: The Canadian side of the Niagara River . They had been brought there by the small American steamer Caroline , which had made several trips that day between Navy Island and Schlosser, New York . Late that night, a British force crossed the Niagara River to board and capture the vessel where it was moored at Schlosser's Landing in U.S. territory. Shots were exchanged and an American watchmaker was killed, before

855-511: The Crown, who may use them without having to obtain the consent of Parliament. The prime minister also has weekly meetings with the monarch. What is said in these meetings is strictly private; however, they generally involve government and political matters which the monarch has a "right and a duty" to comment on. Such comments are non-binding however and the King must ultimately abide by decisions of

900-669: The European Parliament are immune from prosecution in EU states under any circumstance. As a consequence, neither EU bodies nor diplomats have to pay taxes, since it would not be possible to prosecute them for tax evasion. When the UK was a member of the EU, this caused a dispute when the US ambassador to the UK claimed that London's congestion charge was a tax, and not a charge (despite the name), and therefore he did not have to pay it—a claim

945-543: The Greeks in breaking the chains of Turkish bondage. They did no more than Lafayette . Gentlemen, I am not deviating from the case further than is necessary to remove the just odium which has been unjustly thrown upon those who joined the insurgents. News of the incident led to a public uproar in the United States, and many people in American towns bordering Canada demanded the U.S. government declare war on Britain. In Canada,

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990-453: The United Kingdom , officially His Majesty's Government , abbreviated to HM Government , is the central executive authority of the United Kingdom of Great Britain and Northern Ireland . The government is led by the prime minister (currently Keir Starmer since 5 July 2024) who selects all the other ministers . The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to

1035-407: The burning was celebrated by the Canadian public and MacNab was knighted for his efforts. Canadian sheriff Alexander McLeod , was arrested in the United States while travelling there in 1840 due to allegations over his role in the death of Durfee. The arrest led to another international incident as the British demanded his release, arguing that McLeod could not be held criminally responsible due to

1080-440: The cabinet ministers for the department and junior ministers within the department may answer on behalf of the government, depending on the topic of the question. During debates on legislation proposed by the government, ministers—usually with departmental responsibility for the bill —will lead the debate for the government and respond to points made by MPs or Lords. Committees of both the House of Commons and House of Lords hold

1125-411: The charity commissions) are legally more or less independent of the government, and government powers are legally limited to those retained by the Crown under common law or granted and limited by act of Parliament. Both substantive and procedural limitations are enforceable in the courts by judicial review . Nevertheless, magistrates and mayors can still be arrested and put on trial for corruption, and

1170-436: The confidence of the House of Commons. It requires the support of the House of Commons for the maintenance of supply (by voting through the government's budgets) and to pass primary legislation . By convention, if a government loses the confidence of the House of Commons it must either resign or a general election is held. The support of the Lords, while useful to the government in getting its legislation passed without delay,

1215-644: The definitions given above. Government of the United Kingdom King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee The government of

1260-416: The establishment of a principle of international law that would govern, at least in theory, the use of force for over 250 years. [ sic ] Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2507 International incident International incidents can arise from unanticipated actions involving citizens, government officials, or armed units of one or more states, or out of

1305-409: The exchequer to be a member of the House of Lords was Lord Denman , who served for one month in 1834. The British monarch is the head of state and the sovereign , but not the head of government . The monarch takes little direct part in governing the country and remains neutral in political affairs. However, the authority of the state that is vested in the sovereign, known as the Crown , remains

1350-440: The fact that he was legally carrying out orders of the Crown . McLeod was placed on trial, during which American legal officials unsuccessfully attempted to identify who shot Durfee. McLeod was acquitted of all charges, as witness statements made it clear that he had no involvement in the incident. In response to the incident, a group of thirteen Americans captured and burned the British merchant steamer Sir Robert Peel while she

1395-448: The force set fire to Caroline and set it adrift in the Niagara River, about two miles (3.2 km) above Niagara Falls. Sensationalized accounts of the affair were published by newspapers. The burning was praised in Canada and condemned in the United States. In retaliation, a group of thirteen Americans destroyed a British steamer in American waters, and U.S. citizens demanded their government declare war on Britain. The diplomatic crisis

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1440-532: The government has powers to insert commissioners into a local authority to oversee its work, and to issue directives that must be obeyed by the local authority if the local authority is not abiding by its statutory obligations. By contrast, as in European Union (EU) member states, EU officials cannot be prosecuted for any actions carried out in pursuit of their official duties, and foreign country diplomats (though not their employees) and foreign members of

1485-766: The government on the statement. When the government instead chooses to make announcements first outside Parliament, it is often the subject of significant criticism from MPs and the speaker of the House of Commons . The prime minister is based at 10 Downing Street in Westminster , London. Cabinet meetings also take place here. Most government departments have their headquarters nearby in Whitehall . The government's powers include general executive and statutory powers , delegated legislation , and numerous powers of appointment and patronage. However, some powerful officials and bodies, (e.g. HM judges, local authorities , and

1530-485: The government to account, scrutinise its work and examine in detail proposals for legislation. Ministers appear before committees to give evidence and answer questions. Government ministers are also required by convention and the Ministerial Code , when Parliament is sitting, to make major statements regarding government policy or issues of national importance to Parliament. This allows MPs or Lords to question

1575-519: The government. Royal prerogative powers include, but are not limited to, the following: While no formal documents set out the prerogatives, the government published the above list in October 2003 to increase transparency, as some of the powers exercised in the name of the monarch are part of the royal prerogative . However, the complete extent of the royal prerogative powers has never been fully set out, as many of them originated in ancient custom and

1620-569: The incident was the flashpoint of a simmering conflict between states, or organizations opposing states. Wars have often been provoked by international incidents, and diplomatic efforts to prevent international incidents from growing into full-scale armed conflicts often have been unsuccessful. In the aftermath of the First World War , the League of Nations was established to help nations who were parties to an international incident achieve

1665-516: The matter diplomatically rather than through the use of force . The term is also applied to various incidents that can disrupt international commerce , and to celebrities or other well-known people who commit gaffes or otherwise act inappropriately, causing the press and sometimes governments to criticize their actions. The International Court of Justice keeps a list of legal disputes between states, many of which result from international incidents. The incidents listed may or may not conform to

1710-458: The necessity of that self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation". According to academic Tom Nichols , the Caroline test remains an accepted part of international law today. In 2008, he wrote: Thus the destruction of an insignificant ship in what one scholar has called a "comic opera affair" in the early 19th century nonetheless led to

1755-433: The period of absolute monarchy , or were modified by later constitutional practice. As of 2019, there are around 120 government ministers supported by 560,000 civil servants and other staff working in the 24 ministerial departments and their executive agencies . There are also an additional 20 non-ministerial departments with a range of further responsibilities. In theory, a government minister does not have to be

1800-433: The source of executive power exercised by the government. In addition to explicit statutory authority , the Crown also possesses a body of powers in certain matters collectively known as the royal prerogative . These powers range from the authority to issue or withdraw passports to declarations of war. By long-standing convention, most of these powers are delegated from the sovereign to various ministers or other officers of

1845-666: The sovereign, although this authority is exercised only after receiving the advice of the Privy Council . The prime minister, the House of Lords, the Leader of the Opposition, and the police and military high command serve as members and advisers of the monarch on the Privy Council. In most cases the cabinet exercise power directly as leaders of the government departments , though some Cabinet positions are sinecures to

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1890-400: The start of Edward VII 's reign in 1901, by convention, the prime minister has been an elected member of Parliament (MP) and thus answerable to the House of Commons, although there were two weeks in 1963 when Alec Douglas-Home was first a member of the House of Lords and then of neither house. A similar convention applies to the position of chancellor of the exchequer . The last chancellor of

1935-581: The supreme decision-making committee, known as the Cabinet . Ministers of the Crown are responsible to the House in which they sit; they make statements in that House and take questions from members of that House. For most senior ministers this is usually the elected House of Commons rather than the House of Lords . The government is dependent on Parliament to make primary legislation , and general elections are held every five years (at most) to elect

1980-510: Was defused during the negotiations of several US–UK disputes that led to the Webster-Ashburton Treaty in 1842. In the course of these negotiations, both the United States and Britain made concessions concerning their conduct. The incident was used to establish the principle of "anticipatory self-defense" in international relations , which holds that it may be justified only in cases in which the "necessity of that self-defense

2025-623: Was in American waters. Van Buren sent General Winfield Scott to prevent further American incursions into Canada. Correspondence between U.S. Secretary of State Daniel Webster and British minister to the United States Lord Ashburton outlined the conditions under which one nation might lawfully violate the territorial sovereignty of another state. The Caroline test (also known as the Caroline doctrine ) states that exceptions do exist to territorial inviolability, but "those exceptions should be confined to cases in which

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