The Sun.
London, England, 1842-10-06 00:00:00

THE SUN, LONDON, THURSDAY EVENING OCTOBER 6, 1842.

THE REGISTRATIONS.

police, and the latter said he had sold three cart loads
of bricks and tiles to a Mr. Folgate, by the direction
of the prisoner, at the rate of 16s• per 1,000, and
that he had paid over to the prisoner at the rate of
14s. per i,opo, a statement which the prisoner ad-
mitted was correct. Witness then asked the prisoner
what he had done with the lead, and the reply was
that there had been no lead in the house at all.
Thomas Jennings, a bricklayer, deposed that he had
been formerly employed to do the repairs to the houses
in Broker's-gardens. He was in the habit of passing
daily from his own residence. About nine or ten
days ago he first saw the prisoners at work about the
house in Broker's-gardens, now partly pulled down.
The lead gutters were then up, and in their place on
the top of the house. Since that time he had seen
the house being pulled down, and four or five cart-
loads of bricks removed, the prisoner being present,
and engaged with others in pulling down the premises.
Mr. Hart declared that he never saw men more
earnestly occupied in the work of demolition.
Joseph Whitney; a chimney-sweeper, stated that he
resided in a house opposite to that which had been
partly pulled down. About nine or ten days ago he
saw the prisoner open the door of the house alluded to
in the charge, and go in with two or three other per-
sons. From curiosity he followed, and went over the
house with the prisoner, who said that he was about
to take it, and that he intended to use it as a Sunday
school.—(A laugh.) On Saturday last witness saw a
quantity of bricks and tiles moved from the house,
and he informed Mr. Wooa of the circumstance, who
requested him to tell the prisoner not to move another
brick until he (Mr. Wood) should see him on Mon-
day. When witness took the message the prisoner
desired him to mind his own business, and that if Mr.
Wood had anything to say he ought to cone and say
it himself. _ _ _

EAST SURREY.

The followingcaSummary of all the Claims and
Objections made, allowed, and sustained, in the dis-
trict of the New East Surrey Reform Registration
Society, at the Revising Barristers' Courts, held at the
Town Hall, Southwark, for the parishes of Clapham
and Streatham, on Monday, the 26th, and Tuesday,
the 27th days of September, at the Court-house,
Kingston, for the Hundred of Kingston, on Saturday,
the Ist, and Monday, the 3d days of October, and at
the Spread Eagle Tavern, Wandsworth, on uesday,
the sth day of October, 1842, for. the Western Half
Hundred of Brixton :
Objections by the New East Surrey Reform
Registration Society, Sustained
The like by Tory Agents, Sustained 4B
Majority
Ciaims by the New East Surrey Reform Regis-
tration Society, Allowod

Total Majority for the New East Surrey Reform
Registration Society
Majority for the same Society, in 1839, 1840,
and 1841

Total Majority for the same Society by the last
Four Registrations

CORONERS' INQUESTS.

Last evening Mr. Payne, the City Coroner, held an
inquest at Guy's Hospital on the body of Richard
Crossley, aged 49, a policeman on the Croydon Rail-
way, who was killed on the above line last Monday
evening. It appeared from the evidence that de-
ceased, about' six o'clock on Monday evening, was
walking on the up-line, near the New-cross station,
at the moment the Croydon train was going down
from London. The Brighton up-train was coming
up at the same moment, when deceased was noticed to
walk in the space between the two lines, at which
place he was perfectly safe, but on the train arriving
within 150 yards of him he suddenly walked into the
down-line, and continued so to do. The engine-
driver used every exertion in alarming the deceased
of the danger he was in, by blowing the whistle, but
of no avail, as the engine came upon him, and he was
killed on the spot. The Jury returned a verdict of
" Accidental death."
FATAL ACClDENT.—Yesterday evening an inquest
Was held at the London Hospital, on the body of a
man, named Jacob Williams, who came by, his death
under the following circumstances :—On Monday last
the deceased, who was a carter in the employment of
a farmer and market-gardener, named Wilson, was
driving a team of two horses to Covent-garden, and
having got upon the shafts of the cart, it was supposed
he fell asleep, for, upon reaching nearly opposite to
Whitechapel Church, he fell suddenly to the ground,
and, before the horses could be stopped, the two side
wheels passed across his loins. Several persons
having run to his assistance, he was placed upon a
stretcher and removed to the London Hospital, where
he expired in about three hours after his admission.
Evidence having been adduced to show that to the
deceased alone was culpability to be attached, a
verdict of Accidental Death was recorded.

Horan, a policeman, deposed that he found the
prisoner engaged with four other men in pulling
down the house, and, at the request of Mr. Hart,
ordered him to desist. He, subsequently, by the di-
rection of Mr. Wood, took the prisoner into custody,
and asked him where the keys of the hotise were.
According to the prisoner's direction, he received the
keys at the prisoner's house, next door ; and, upon
going down stairs, he found on the ground-floor 15
window-sashes, with the glass partly in, of which he
took possession by the direction of Mr. Hart.
Wade, another policeman, deposed, that, on Friday
or Saturday last, he saw a quantity of bricks being
removed from Broker's. gardens in a cart. He went
to the house No. 3, and there saw the prisoner en-
gaged in lowering the bricks in a basket. The pri-
soner said to him that he had received orders from
Mr. Wood to pull the house down, as it had been
condemned by the City Surveyors, and that he had,
therefore, erected a hoarding, which some one had
been pulling down, and he wished witness to have a
look-out. On Saturday, however, the prisoner was
given into his custody.
Mr. Folgate stated that he occasionally purchased
old materials, and that a man, named Page (one of the
men employed by the prisoner), had sold him 750
bricks, at the rate of 16s. a thousand, and 1,000 plain
tiles. Witness had had but two cart-loads.
Page stated that the prisoner had employed him to
pull the house down and to sell the bricks.
Alderman WILSON asked Mr. Humphreys what
answer he had to make to such a charge ?
Mr. Humphreys submitted that there could have
been no felonious intent upon the part of his client,
who had acted in a manner the most public.
Alderman WILSON could not see how a man could
pull down a house privately.—(A laugh.)
Mr. Humphreys—l do not mean that. I mean
that his conduct in going to Mr. Wood, and request-
ing him to meet him at the house showed that he had
no felonious intention. There are several persons
who can vouch for his integrity.
Alderman WILSON--But he was not satisfied with
exceeding the orders given him by Mr. Wood. He
not only pulled down but he sold the materials.
Mr. Humphrevs—What was to pay the men for
their labour ? We do not find that they were paid
by anybody, and he was responsible.
Alderman WILSON—The person who gave the
order to prevent the danger arising from the state of
the chimneys and roof would have found means
of paying.
Mr. Hart—They pulled down very nearly two
stories, and no doubt from the way in which they
worked they would have had the whole levelled in a
very short time. We have more witnesses to prove
that more bricks were taken to other places.
Alderman WILSON—I am satisfied that the mate-
rials were taken with a felonious intention, and I shalt
send the case to a Jury.
A man of respectable appearance here said that the
prisoner was a very honest man, and incapable of
doing wrong intentionally.
Alderman WILSON—fie may have been honest up
to this transaction ; lout certainly this is not such a
dealing as is calculated to support a good character.
Mr. Hart—What is to be done with the bricks and
tiles ?
Alderman WILSON—Mr. Folgate is responsible for
he sa'e cuqtody
of them. If the prisoner is convicted
hey must be delivered up to the prosecutor.
The prisoner was then committed for trial.
WORSHIP-STREET.

William Hawkins, a cab-driver, was placed at the
bar, before Mr. Greenwood, upon a charge of drunk-
enness and furious driving.
A man named James Welsh, driver of the cab No.
1,582, was included in the charge as the, principal
offender, but he had received such a severe truncheon-
wound, inflicted by the policeman who took him into
custody, that it was found necessary to convey him to
St. Bartholomew's hospital, where he remaintd, it was
said, in a very precarious state.
It appeared that, shortly after ten o'clock on that
morning, a cab, driven by the man Welsh, was seen
progressing at a most furious rate along Worship-
street. The prisoner Hawkins, and another man not
in custody, were seated on the box, on each side of
Welsh, and they were, more or less, intoxicated. On
reaching the front of this Court, the cab came in con-
tact with the police van, which had just arrived with
the remantled prisoners, and the collision was so vio-
lent, that the iron hoop at the end of the axle-tree was
broken off. Two or three policemen immediately
sprang forward in order to arrest the progress of the
cab, on seeing which, the driver Welsh began lashing
his horse, and resumed his career with increased
velocity. He proceeded, without interruption, until
he arrived at the Curtain-road; but, whilst turning
round the corner, he droveat full speed against a horse
and cart belonging to a person named Maynard, and
the shift of the latter entered the breast of
his horse, inflicting a frightful wound six
inches in depth. The other horse was also severely
injured, and both vehicles were much damaged. Not-
withstanding this serious check, the cabman persevered
in his efforts to escape, hut he was prevented from
doing so by police constable G 101, and Fitzgerald of
the N division, who took him into custody. The
prisoner, however, made a desperate resistance, in the
course of which he forced his knuckles down the inside
of the G policeman's stock, and pressed them so
forcibly against his throat that he was almost strangled.
The policeman struck him repeatedly on the arm to
oblige him to relax his grasp, but without effect, and
he at length struck him a violent blow on the head
with his staff that rendered him insensible. He was
conveyed to the surgery of Mr. Davis, of Worship-
square, who on examining the wound, ordered his im-
mediate removal to St. Bartholomew's Hospital. The
prisoner Hawkins voluntarily accompanied his wounded
companion to the surgeon's, where he was taken into
custody by police constable Evans, but the third man
effected his escape. •
Mr. GREENWOOD inquired whether the injuries tht
cabman-had sustained were of a dangerous nature ?
Police sergeant G 5 said that he was very badly
hurt in the head, but Mr. Davis the surgeon, who first
attended him, did not think that the skullwas fractured.
Mr. GREENWOOD said that the mere circumstance
of Hawkins having been in company with a man who
was driving furiously, was not sufficient to inculpate
him in the offence ; he should therefore discharge him.

CASE OF THE CAROLINE.

States. That they intended no such disrespect I
MR. WEBSTER TO LORD ASHBURTON. can most soh ni iy afili m, and I trust it will be ad-
Department of State, Washington, July 27, 1842. mitted that no inference to the contrary can fairly he
MY Loan—ln relation to the case of the Caroline, drawn even by the most susceptible points of national
which we have heretofore made the subject of confer- honour.
ence, I have thought it right to place in your hands Notwithstanding my wish that the explanation I
an extract of a letter from this department, to Mr. had to make might not revive in any degree any
Fox, of the 24th of April, 1841, and an extract from feelings of irritation, I do not see how I cote ld treat
the message of the President of the United States to this subject without this short recital of facts, bey
Congress at the commencement of its present session. the proof that no disrespect was intended is maie.ly
These papers you have, no doubt, already seen; but to be looked for in the extent of the justification.
they are, nevertheless, now communicated, as such There remains only a point or two which I should
communication is considered a ready mode of present- wish to notice, to remove in some degree the hat-
ing the views which this Government entertains of pression which your rather highly coloured descrip-
the destruction of that vessel. tion of this transaction is calculated to make. The
The act of which the Government of the United mode.of telling a story often tends to distort facts,
States complains is not to be considered as justifiable and in this case, more than in any other, it is im-
or unjustifiable, as the question of the lawfulness or portant to arrive at plain unvarnished truth. •
unlawfulness of the employment in which the Caro- It appears from every account that the expedition
line was engaged may be decided the one way or the was sent to capture fee Caroline, when she was ex-
other. That act, of itself a wrong, and an offence to pected to be found on the British ground of Navy
the sovereignty and dignity of the United States, Island, and that it was only owing to the orders of the
being a violation of their soil and territory—a wrong rebel leader being disobeyed that she was not so
for which, to this day, no atonement, or even apology, found. When the British officer came round the point of
has been made by her Majesty's Government. Your the island in the night, he first discovered that the
Lordship cannot but be aware that self respect, the boat was moored to the other shore. He was not by
consciousness of independence and national equality, this deterred from making the capture, and his con-
and a sensitiveness to whatever may touch the honour duct was approved. But you will perceive that there
of the country—a sensitiveness which this Govern- was here most decidedly, the case of justification
ment will ever feel and ever cultivate—makes this mentioned in your note, that there should be "no
a matter of high importance, and I must be allowed moment left for deliberation." I mention this circum-
to ask for it your Lordship's grave consideration.— I stance to show also that the expedition was not
have the honour to be, my Lord, your Lordship's most planned with a premeditated purpose of attacking
obedient servant, DANIEL WEBSTER. the enemy within the jurisdiction of the United
Lord Ashburton, &c., &c. States, but that the necessity of so doing arose from
[Here follows the letter of Mr. Webster to Mr. altered circumstances at the moment of execution.
Fox, dated April 24, 1841, and an extract from the I have only further to notice the highly-coloured
President's Message, both of which are familiar to picture drawn in your note of the facts attending the
our readers.] execution of this service. Some importance is at-
LORD ASHBURTON TO MR. WEBSTER. tached to the attack having been made in the night,
Washington, July 28, 1842. and the vessel having been set on fire and floated
SIR—In the course of our conference on the several down the falls of the river ; and it is insinuated, rather
subjects of difference which it was the object of my than asserted, that there was carelessness as to the
mission to endeavour to settle, the unfortunate case of lives of the persons on board. The account given by
the Caroline, with its attendant consequences, could the distinguished officer who commanded the expe-
not escape our attention ; for althmigh it is not of a dition distinctly refutes or satisfactorily explains these
description to be susceptible of any settlement by a assertions. The time of night was purposely selected
convention or treaty, yet, being connected with the as most likely to ensure the execution, with the least
highest considerations of national honour and dignity, loss pf life ; and it is expressly stated that the strength
it has given rise, at times, to deep excitements, so of the current not permitting the vessel to be carried
as more than once to endanger the maintenance of peace. off, and it being necessary to destroy her by fire, she
The note you did me the honour of addressing me was drawn into the stream for the express purpose of
on the 27th instant, reminds me, that however dis- preventing injury to the persons or property of the
posed your Government might le to be satisfied with inhabitants at Schlosser.
the explanations which it has been my duty to offer, I would willingly have abstained from a return to
the natural anxiety of the public mind requires that the facts of this transaction, my duty being to offer
these explanations should be more durably recorded those explanations and assurances which may lead to
in our correspondence, and you send me a copy of satisfy the public mind and to the cessation of all
your note to Mr. Fox, her Britannic Majesty's Mi- angry feelings ; but it appears to me that some expla-
nister here, and an extract from the speech of the nation of the facts of the case, apparently misunder-
President of the United States to Congress at the stood, might be of service for this purpose.
opening of the present session, as a ready mode of Although it is believed that a candid and impartial
presenting the view entertained on this subject by the consideration of the whole history of this unfortunate
Government of the United States. event will lead to the conclusion that there were
It is, so far, satisfactory to perceive that we are grounds of justification as strong as ever were pre-
perfectly agreed as to the general principles of inter- sented in such cases, and, above all, that no slight of
national law applicable to this unfortunate case. Re- the authority of the United States was ever intended,
spect for the inviolable character of the territory of yet it must be admitted that there was, in the hurried
independent nations is the most essential foundation of execution of this necessary service, a violation of terri-
civilisation. It is useless to strengthen a principle so tory, and lam instructed to assure you that her Ma-
generally acknowledged by any appeal to authorities jesty's Government consider this as a most serious
on international law, and you may be assured, Sir, fact, and that, far from thinking that an event of this
that her Majesty's Government set the highest pos- kind should be lightly risked, they would unfeignedly
sible value on this principle, and are sensible of their deprecate its recurrence. Looking back to what
duty to support it by their conduct and example, for passed at this distance of time, what is perhaps most
the maintenance of peace and order in the. world. If to be regretted is, that some explanation and apology
a sense of moral responsibility were not sufficient for this occurrence was not immediately made; this,
security for their olsservance of this duty towards all with a frank explanation of the necessity of the case,
nations, it will be readily believed that the most might, and probably would, have prevented much of
common dictates of interest and policy would lead to the exasperation, and of the subsequent complaints
it in the case of a long conterminous boundary of and recriminations to which it gave rise.
some thousand miles, with a country of such great There are possible cases, in the relations of nations
and growing power as the United States of America, as of individuals, where necessity, which controls
inhabited by a kindred race, gifted with All its ac- all other laws, may be pleaded ; but it is neither
tivity, and all its susceptibility on points of national easy nor safe to attempt to define the rights or limits
honour. properly assignable to such a plea. This must always
Every consideration, therefore, leads us to set, as be a subject of much delicacy, and should be con-
highly as your Government can possibly do, this sidered by friendly nations with great candour
paramount obligation of reciprocal respect for the in- and forbearance. The intentions of the parties must
dependent territory of each. But, however strong mainly be looked to, and can it for a moment be-tup-
this duty may be, it is admitted by all writers, by all posed that Great Britain would intentionally and wan-
jurists, by the occasional practice of all nations, not tonly provoke a great and powerful neighbour ?
excepting your own, that a strong overpowering ne- Her Majesty's Government earnestly desire that a
cessity may arise, when this great principle may and reciprocal respect for the independent jurisdiction and
must be suspended. It must be so for the shortest authority of neighbouring States may be considered
possible period, during the continuance of an ad- among the first duties of all Governments ; and I
mitted overruling necessity, and strictly , confined have to repeat the assurance of regret they feel that
within the narrowest limits imposed by that necessity. the event of which I am treating should have dis-
Self-defence is the first law of our nature, and if turbed the harmony they .S 0 anxiously wish to main-
must be recognised by every code which professes to taro with the American people and Government.
regulate the conditions and relations of man. Upon Connected with these transactions, there have also
this modification, if I may so call it, of the great been circumstances of which I believe it is generally
general principle, we seem also to be agreed; and on admitted that Great Britain has also had just ground
this part of the subject I have done little more than Ito complain. Individuals have been made personally
repeat the sentiments, though in less forcible lan- liable for acts done under the avowed authority of
gunge, admitted and maintained by you in the letter their Government ; and there are now many brave
to which you refer one. men expcsed to personal consequences for no other
Agreeing; therefore, on the general principle, and cause than having served their country. Thlt this
on the possible exception to which it is liable, the only is contrary to every principle of international law it
question between us is whether this occurrence came is useless .for me to insist. Indeed, it has been ad-
within the limits fairly to be assigned to such excep- , mitted by every authority of your Government; but,
tion—whether, to use your words, there was " that owing to a conflict of laws, difficulties have inter-
necessity of self-defence, instant, overwhelming, leav- j vened, much to the regret of those authorities, in
ing no choice of means," which preceded the destruc- I giving practical effect to these principles, and for
tion of the Caroline, while moored to the shore of the , these difficulties some remedy has been by all desired.
United States. Give me leave to say, Sir, with all It is no business of mine to enter upon the considera-
possible admiration of your very ingenious discussion tion of them, nor have I sufficient information fur
of the general principles which are supposed to the purpose, but I trust you will excuse my addres-
govern the right and practice of interference by the sing to you the inquiry, whether the Government of
people of one country in the wars and quarrels of the United States is now in the condition to secure,
others, that this part of your argument is little appli- in effect and in practice, the principle, which has never
cable to our immediate case. If Great Britain, Ame- , been denied in argument, that individuals, acting
rice, or any other country, suffer their people to fit I under legitimate authority, are not personally respon-
out expeditions to take part in distant quarrels, such slide for executing the orders of their Government.
conduct may, according to the circumstances of each That the power, when it exists, will be used on every
case, be justly matters of complaint; and perhaps fit occasion lam well assured; and I am bound to
these transactions have generally been in late times admit that, looking through the voluminous corres-
too much overlooked or connived at. pondence concerning these transactions, there appears
But the case we are considering is of a wholly dif- no indisposition with any of the authorities of the
ferent description, and may be best determined by an-. Federal Government under its several administrations
swering the following questions :—Supposing a man to do justice in this respect in as far as their means
standing on ground where you have no legal right to and powers would allow.
follow him, has a weapon long enough to reach you, I trust, Sir, I may now be permitted to hope that
and is striking you down and endangering your life, all feelings of resentment and resulting from
how long are you bound to wait for the assistance of these truly unfortunate events, may be buried in obli-
the authority having legal power to relieve you ? Or, vion, and that they may be succeeded by those of bar-
to bring the facts more immediately home to the case, inony and friendship, which is certainly the interest.
if cannon are moving and setting up in a battery which and, I also believe, the inclination of all to promote.
can reach you, and are actually destroying life and I beg, Sir, you will be assured of my high and un-
property by their fire, if you have remonstrated for feigned consideration. ASHBURTON.
some time without effect, and see no prospect of re- lion. Daniel Webster, &c. &c.
lief, when begins your right to defend yourself, should SIR. WEBSTER TO LORD ASHBURTON.
you have no other means of doing so than by seizing Department of State, Washington, Aug.. 6.
your assailant on the verge of a neutral territory ? Your Lordship's note of the 28th of July, in an-
lam unwilling to recal to your recollection the swer to mine of the 27th, respecting the case of the
particulars of this case, but lam obliged very shortly Caroline, has been received and laid before the Pre-
to do so, to show what was at the time the extent of sident.
the existing justification, for upon this entirely de- The President sees with pleasure that your Lord-
pends the question whether a gross insult has or has ship fully admits those great principles of public
not been offered to the Government and people of the law applicable to cases of this kind, which this Go-
United States. vernment has expressed; and that on your part, as on
After some tumultuous proceedings in Upper Ca- ours, respect for the inviolable character of the terri-
nada, which were of short duration, and were sup- tory of independent States is the most essential foun-
pressed by the militia of the co'intry, the persons ern- dation of civilization. And whilst it is admitted, on
minally concerned in them took refuge in the neigh- both sides, that there are exceptions to this rule, he is
bouring state of New York, and, with a very large gratified to find that your Lordship admits that such
addition to their numbers, openly collected, invaded exceptions must come within the limitations stated
the Canadian territory, taking possession of Navy and the terms used in a former communication from
Island. this department to the British Plenipotentiary here.
This invasion took place the 16th of December, 1837, Undoubtedly it is just, that while it is also admitted
a gradual accession of numbers and of military am- that exceptions growing out of the great law of self-
munition continued openly, and though under the defence do exist, those exceptions should be confined
sanction of no public authority, at least with no pub- to cases in which the "necessity of that self-defence
lie hindrance, until the 29th Of the same month, when is instant, overwhelming, that leave no choice of
several hundred men were collected, and twelve pieces means, and no moment for deliberation."
of ordnance, which could only have been procured Understanding these principles alike, the difference
from some public store or arsenal, were actually between the two Governments is only whether the
mounted on Navy Island and were used to fire within facts in the case of the Caroline make out a case of
easy range upon the unoffending inhabitants of the such necessity for the purpose of self-defence. Seeing
opposite shore. Remonstrances, wholly ineffective, that the transaction is not recent, having happened in
were made ; so ineffectual, indeed, that a militia regi- the time of one of his predecessors ; seeing that your
ment, stationed on the neighbouring American island, Lordship, in the name of your Government, solemnly
looked on without any attempt at interference, while declares that no slight or disrespect was intended- to
shots were fired from the American island itself. This the sovereign authority of the United States ; seeing
important fact stands on the best American authority, that it is acknowledged that, whether justifiable
.or
being stated in a letter to Mr. Forsyth, of the 6th of not, there was yet a violation of the territory of the
February, 1838, of Mr. Benton, attorney of the Unitd United States, and that you are instructed to say
States, the gentleman sent by your Government to that your Government considers that as a most serious
inquire into the facts of the case, who adds, very pro- Occurrence ; seeing, finally, that it is now admitted
perly, that he makes the statement " with deep regret that an explanation and apology for this violation was
and mortification." due at the time, the President is content to receive
This force, formed of all the reckless and mischiev- these acknowledgments and assurances in the conci-
ous people of the border, formidable from their num- liatory spirit which marks your Lordship's letter, ad.d
hers and from their armament, had in their pay, and will make this subject, as a complaint of violation of
as part of their establishment, this steam-boat Caro- territory, the topic of no farther discussion between
line, the important means and instrument by which the two Governments.
numbers and arms were hourly increasing. I might As to that part of your Lordship's note which re-
safely put it to any candid man acquainted with the lates to other occurrences springing out of the case of
existing state of things to say whether the military the " Caroline," with which occurrence the name 'of
commander in Canada had the remotest reason, on the Alexander M`Leod has become connected, I have to
29th of December, to expect to be relieved from this say the Government of the United States entirely ad-
state of suffering by the protective intervention of any heres to the sentiments and opinions expressed in the
American authority. How long could a Government, communications froM this department to Mr. Fox.
having the paramount duty of protecting its own This Government has admitted, that for an act, coin-
people, be reasonably expected to wait for what .they mitted by the command of his Sovereign, jure belli,
had then no reason to expect? What would have inn individual cannot be responsible, in the' ordinary
been the conduct of American officers ? What has Courts of another State. It would regard it as a high
been their conduct under circumstances much less indignity if a citizen of its own, acting under its
aggravated ? I would appeal to you, Sir, to say authority, and by its special command, in such cases,
whether the facts which you say would alone justify were held to answer in a municipal tribunal, and to
this act, viz. :—" a necessity of self defence, instant, undergo punishment, as if the behest of his Govern-
overwhelming, leaving no choice of means,. and no ment were no defence or protection to him.
moment for deliberation," were not applicable to this But your Lordship is aware that in regular consti-
case in as high a degree as they ever were to any I tutional Governments persons arrested on charges of
case of a similar description in the history of nations. , high crimes, can only. be discharged by some judicial
Nearly five years are now passed since this occur- i proceeding. It is so in England, it is so in the aolo-
rence ; there has been time for the public to deliberate ; noes and provinces of England. The forms of judicial
upon it calmly, and I believe I may take it to be the proceedings differ in different countries, being more
opinion of candid and honourable men, that the British rapid in some and mare dilatory in others, and it may
officers who executed this transaction, and their Go- be added, generally more dilatory, or at least more
vernment who approved it, intended no slight or dim- cautious, in cases affecting lite, in Governments of a
respect to the sovereign authority of the United i strictly lithited than in those of a more unlimited