The Sun.
London, England, 1842-10-07 00:00:00

Department of State, Washington, Aug. G.
Your Lordship's note of the 28th of July, in an-
swer to mine of the 27th, respecting the case of the
Caroline, has been received and laid before the Pre-
sident.

The President sees with pleasure that your Lord-
ship flinty admits those great principles of public
law applicable to cases of this kind, which this Go-
N'ernment has expressed; and that on your part, as on
ours, respect for the inviolable character of the terri-
tory of independent States is the most essential foun-
dation of civilization. And whilst it is admitted, on
both sides, that there are exceptions to this rule, he is
gratified to find that your Lordship admits that such
exceptions must come within the limitations stated
and the terms used in a former communication from
this department to the British Plenipotentiary here.
Undoubtedly it is just, that while it is also admitted
that exceptions growing out of the great law of self-
defence do exist, those exceptions should be confined
to cases in which the " necessity or that self-defence.
is instant, overwhelming, that leave no choice of
means, and no moment for deliberation."

Understanding these principles alike, the difference
between the two Governments is only whether the
facts in the case of the Caroline make out a case of
such necessity for the purpose of self-defence. Seeing
that the transaction is not recent, having happened in
the time of one of his predecessors ; seeing that your
Lordship, in the name of your Government, solemnly
declares that no slight or disrespect was intended to
the sovereign authority of the United States ; seeing
that it is acknowledged that, whether justifiable or
not, there was yet a violation of the territory of the
United States, and that you are instructed to say
that your Government considers that as a most serious
occurrence; seeing, finally, that it is now admitted
that an explanation and apology for this violation was
due at the time, the President is content to receive
these acknowledgments and assurances in the conci-
liatory spirit which marks your Lordship's letter, and
will mace this subject, as a complaint of violation of
territory, the topic of no farther discussion between
the two Governments.
As to that part of your Lordship's note which re-
lates to other occurrences springing out of the case of
the " Caroline," with which occurrence the name
Alexander A.PLeod has become connected, I have to
say the Government of the United States entirely ad-
heres to the sentiments and opinions expressed in the
communications from this department to Mr. Fox.
This Government has admitted, that for an act, com-
mitted by the command of his Sogreign, jure bell,
an individual cannot be responsible, in the ordinary
Courts of another State. It would regard it as a high
indignity if a citizen of its own, acting under its
authority, and by its special command, in such cases,
were held to answer in a municipal tribunal, and to
undergo punishment, as if the behest of his Govern-
ment were no defence or protection to him.
But your Lordship is aware that in regular consti-
tutional Governments persons arrested on charges of
high crimes, can only be discharged by some judicial
proceeding. It is so in England, it is so in the colo-
nies and provinces of England. The forms of judicial
proceedings differin different countries, being more
rapid in some and more dilatory in others, and it may
be added, generally more dilatory, or at least more
cautious, in cases affecting life, in Governments of a
strictly limited than in those of a more unlimited
character. It was a subject of regret that the release
of Al' Leod was so long delayed, A State Court, and
that not of the highest jurisdiction, decided that, on
summary application, embarrassed, as it would ap-
pear, by technical difficulties, he could not be released
by that Court. His discharge, shortly afterwards by
a Jury, to whom he prefered to submit his case, ren-
dered unnecessary the further prosecution of the legal
question.

It is for the Congress of the United States, whose
attention has been called to the subject, to say what
farther provis:ons ought to be made to expedite pro-
ceedings in such cases; and, in answer to your Lord--
ship's question toward the close ofyour note, I have to
say that the Government of the United States holds
itself not only fully disposed, but fully competent to
carry into practice every principle which it avows or
acknowledges, and to fulfil every duty and obligation
which it owes to foreign Governments, their citizens
or subjects.-1 have the honour to be, my Lord, With
great consideration, your obedient servant,
Lord Ashburton, &c. DANIEL WEBSTER.

COLONIAL LAND AND EMIGRA-
TION.

The Report of the Commissioners on this subject
furnishes much accurate information relative to the
sale of waste lands in our colonies and other emigrant
countries depending on the Crown, as well as correct
statistics on the numbers whr) have transferred them-
selves to those places during the past year. From
both these sources we draw up the followingsynopsis :
SYDNEY DISTRICT AND PORT PITILIP.—The re-
venue arising from the sale of land for the year 1839
gave 166,578/. as the amount of receipts ; while for
the ensuing year 1840, the total realised on the same
account from both these land tracts had increased to
the large sum of 317,2511. With regard to portions
of land opened up for possession, a new di-trict is
mentioned at Portland Bay, near the south-western
extremity of the colony, and which was opened for
settlement in the autumn of 1840. In the same year
a valuable country of considerable extent, lying at the
south-east extremity of the colony, was discovered by
a foreigner, Count Streleski ; it is stated to comprise
"3,600 square miles of forests, plains, and valleys,
remarkable for richness of soil, pasturage, and situa-
ation." Oaher portions of the country to the north
of the colony, are spoken of as holding out great
temptations; they lie in the county of Macquarrie,
some at Clarence River, and others at Moreton Bay.
PORT ESSINGTON.—This, the only inter-tropical
portion of Australia which has yet been occupied by
Europeans, is now in the occupation of the Govern-
ment, and no private party has yet acquired a right
of property in the land. Its harbour is fine, and its
position most convenient for commercial purposes.
VAN DIEMEN'S LAND.—In this country the reve-
nue arising from the sales of land amounted in 1839
to 23,2561., and in 1840 to 55,3051., and consider-
able tracts of valuable soil still remain in the posses-
sion of the Crown. The average auction-price during
the past year NM 11s. 4d. per acre.
WESTERN AUSTRALIA.—The course of improve-
ment here, though slow, is marked and constant. It
appears that 13,666 acres of the public lands were
last year sold by auction, at an average price of I Is. per
acre. The total population at the end of 1840 was
2,354, of which only 1,205 were adult males above
twelve years of age, occupying altogether not less
than one million and a half acres.

NEW ZEALAND.—The most important subject con-
nected with this colony is the adjudication of the dis-
puted claims, for the adjustment of which a Com-
missioner was sent out from this country in May,
1841, but a report of whose proceedings has not yet
been received. Two new towns have been laid out
and occuped recently, one called Russell, on the Bay
of Islands, and the other Auckland, situated in a
more central position in the Northern Island, and
which is to be the capital of the colony. At the
first sale of land in the latter, 'it appears from returns,
that no less a sum than 24,275/. was realized for
forty-nine allotments, containing only forty-four
acres, being at the average of 552/. per acre.
The•Companv have also contracted for the purchase
of 50,000 additional acres, they being under engage-
ment, under this contract, to expend 40,0001. under the
superintendence of the Commissioners, upon emigra-
tion to the colony.
CANADA.—The important Act recently passed by the
Canadian Legislature, regulates entirely the disposal of
the lands in this colony. In Eastern Canada, the
price of land over the greater part of the country has been
fixed at 4s. currency, or 3s. ld. sterling per acre ; and in
the county of Ottawa, and in a district on the south
bank of the St. Lawrence, at Gs. currency, or 4s. 9d.
sterling per acre. In Western Canada, up to the
passing of the late Act, the upset price of Govern-
ment lands was generally Bs. currency per acre,
while that of clergy reserves averaged 12s. 6d. cur-
rency per acre. During the last year there were
sold in Eastern Canada 45,896 acres, at an average
price of ss. Bd. per acre ; and in Western Canada
14,697 acres, at an averao price (If Is, lod• per acre.
NEW BRUN owToit,—fif this colony land continues
to be sold by public auction, at an upset price of 2s.
per acre. During the past year 29,416 acrea ware
sold, and fetched the average price of 2st 4€l. per acre.
A plan was commenced liere last fear under the
authority of the Local Government,' of allowing per.
Fong in the condition of labourers to purchase small
allotments of the public lands upclu credit, the pur-
chasers being required to RS?' into a bond to the
Crown, to pay the purphase money with interest. A
;gm cf public money h• 64 likewise to be lent to the