New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-06-05

ordinary process, io1cos co-ca brins i= ea- ef
ring before tina, tribunal
unal so emineny distinguished ability and learning a.
Supreme Court Of the State OF New-i orN may D.
relied upon for the just and impartial administration 81 '
v in this as well other and tho Undersigned
Dea,s the expression of the dee-e Of this Government una
no deay NAV be suffered to take place n these proceeding
which can be avoided OF tins desire, Nh Fox VIII
dcnce in the instructions above referred to- H.,
Thu nndcr.ipned has no to signify 2lr Fox tha' l
(;overnDen, Of the United States has changed inc 'l
ion which II has heretofore expressed TO f1ei .'J'
Government Of the character Of the act OF oe'i''7
Caroline ;.;coi -
II d. M, think that the transaction can be lustined by
onabIe annI;ca,;on OF construction Of the right Of
seifdence pder the laws Of nations 1t Is admitted dat 4
just right Of sefdeicnce attaches always 10 nations a. wen
as to Individuals and is equally necessary Tor te Ffe'cta
from of boh But the Of ;h, right question: 70 be
udged of m the of each particular and
when It's alleged has led the commission OF hos
tile acts within the TERRITORY OF Power peace, nothing
less than coar and absolute necessity can afford ground OF
Justification Not having, up to tins time, been made ac-
ouanted with the and length which have
led her Majesty Government think the destruction OF the
Caroline justiablc nc, Ut seldcencc, the under
signed earnestly renewing the OF this Govern
rne, agans, the transaction zbans for the present from
any extended discussion Of the que ton Bat IS deemed
proper nevertheless omit take some notice OF the
general grounds Of justification stated by her Mtcy Gov
ernIncnt n their instruction 10 Mr.. Fox.
Her Maestys Government have instructed MT feN 10 LAY
tina, they are opinion that the which cTInin-
ted the destruction of the Caroline was unsuitable ON
poynent of force for the purpose OF defending the British
territory from the unprovoked attack OF band Il British re-
bells and American pirates who having been permitted
arm and organize themselves within the territory OF the
United States had actually invaded portion OF the territory
OF Her Majesty.
The President Suppo, that Her Majesty Govern
ue,i bv the c of these terms be understood
intimatng those violating the laws OF the United
States and tGrbng the peace OF the British territories
done under any degree OF councaance from tins Cow
iudit;
under the circumstances o.. the the, could have been
prevented by the ordinary Of proceeding Although
he regrets that by using the permitted, possible
inference of that Kind might be raised get such an Inference
the President is willing believe, would be quite unjust to
the intentions ef The British Government.
That line Of frontier suchas separates the United States
from Her Britannia Maicys North American Provinces
line long enough divide the whole o Europe INTO halves
-rregulntics violence ard conflicts .oud sometimes
cur equally asins, the will Of both Governments,
tainy easily BE- supposed. This may be more possible
perhaps j. re-ad the United States. without any
proach 10 their Government since their institutions entirely
discourage coping up of large standing armies in time
of peace ana their situation happily cNcmpts them from the
necessity OF maintaining such expensive and dangerous csta
bsInents. All hat be expected from either Govern
nent in these goed faith desire preserve
peace and do Justice the of oil proper means OF proven
tou and that il offence, nevertheless be always pre-
vented Tie offenders shall still be justly punished In all
these pcctS this Government acknowledges dcinquen
CIV in the pcr-ruoncc of it, duties.
Her Majesty, Government pleased also to speak of
those American who took part with persons IN Ca
NADIA engaged inSurrestlon against the british "p'e
,ncn as American pirates The undersigned does adj
init the proprcty Justice OF this designation II citizens
Of United States fitted out. engaged IN fitting out
military expedition from the United States intended to act
against the British Government in Canada. they were clearly
violating the laws of their country, and exposing themselves
to the Just consequences which might be inflicted on them
taken WITHIN the Brush dominionS But notwithstanding
this they certainly not pirates nor does the undsf
,ed think thar advaHcc the purpose OF alr ana
ndly discussion hasten the accommodation OF national
cpltics so to denomnae them. Then offence, Whatever
as had no analogy of piracy Suppesns all that
ncgcd against them be they taxing parts
they regarded Is civil war, and they were taking
ton the side of the rebels Surely England herself ha-
regarded persons thu, engaged deserving the apPel!a-
ton which Her Aaess Government b>owS these ci,i-
zens OF the United States
1t is quite notorious that; for he greatest part OF the last
two centurcs subjects the British Crown have been per
med engage foreign both national and civil and
the latter every OF their prog ress aHd yet II mas
been imagined that England has at tine allowed her
subjects pirates Indeed in oar own tires rot eny
have individual Subjects of that Grown gone abroad engage
in civil wars, but whole regiments oPeNiy re-
crui,ed embodied armed and disciplined in England, with
the ayowcd purPosc Of aiding rebellion against nation WIN
which England peace; although true that susso-
quently, OF Parliament passed 10 prevent trans
actions nearly approaching public wal without hcencc
from the Crown
Itmay be said that there difference between the case
of civil war arising dsro;ed succession or pro-
tracted revolt * colony the mother country and ne
Of fresh outbreak at the commencement OF rehe
hon The undersigned does deny that such distinction
may certain purposes bc dcetncd well founded He adj
miS that Government called upon 70 consider lis own
rights interests, and duties, when civil wars break ou' IN
Other countries may decide ali the circumstances OF the
particular case, upon is existing tFaoas proba-
bic results what lis security requires, and
other considerations II may be already beund assist
party, it may become bound chooses to assist the
other, and TO meet the consequences oi such assistance
Bot whether the revolt ne long continued they
who Join those concerned whatever may b. their silence
against their country however They be treated il
ken with IN thcr hands in thc territory OF the Govern
mont against which the standard Of scvo, raised
be denrmlnatcd pirates without departing from all ordna
ry use of language in the definition Of offences.
which has foul origa piracy cannot its progress
BY its success, Obtain claim any degree of rePec'
biy Of tolerance, anon. and civ, wars, therefore
not understood to have such
is well known Nh Fox that authorities OF the high
eninence in England, Ewing and dead have uliaained
1.-THE general law of nations do no; forbid the citizens or
-