The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-06-17


enlsrlsins 10 dovbl that. slser This avowal
Of the transaction % public iransssiion.
authorizrd and undertaken by The British
sulhoriiies. individuals concerned in il
ought not. by The principles Of public law
and he general usage Of civilized States.
10 behoIden personally responsible 10 HE
Ordinary tribunals Of law isf their psrli-
cipaiion in il. Aud The President pre-
SUMS thai il ear hardly be neeessay 10
say fisi slis Americsn People. NOT dis
irus,Irl Of their ability 10 redress public
wiorgs By public means. cannot desire the
ppnishmeni Of irdisiduals shsb the srt
COM lsined Of is declared 10 have been
an set Of The Government ilself.
Soon sfier the dale Of Mr.. Fnx's note,
an instruction was given 10 the Attorney
General Of the United States frnm this De-
parimenl, By direction Of the President.
which fully SETS iorIh The opinions Of
this Government on the subject Of Mr..
MeI.eod's imprisonment. = copy Of
which instruction the undersigned has The
UNHuI uCItNltu " EbNtOrCs
The indictment sgsinst Mcleod -
pending III Slsic courl; but bis rights.
Whatever they may be-, are no less safe.
ills TO be presumed. than IL he we're hol-
den 10 answer in one Of the courts Of this
Government.
He demands immunity from personal
responsibility by virtue Of the Law Of
nalions. and that lsw, in civilized S,a,es.
10 10 be respected 10 Ill courts. None is
either so high or so low IS 10 escape
from its authority in cases 10 which its
rules and principles apply.
| This Department. has been regularly in
formed, by his excellency The Govern
or of The State Of New York. that III,
Chief Justice Of that Stale was sssiRnet
20 preside al the hearing and trial OF Me
Leod's case. but that. owing 10 some
error or mistake in The process Of sum-
noning the jury, the hearing was neces
ssrily deferred.
The President regrets this occurrence
as he has desire for speedy disposi
, ton OF the subject. The counsel 70
Mcleod have requested authentic evi
denee Of The avowsl by The British 60
selnment Of the attack on. and destruction
, Of, The " Caroline" as acts done under il
authority, and such evidence will be far
! nisheJ 10 them by this Department.
ID understood that the Indictment ha
beeh removed into the Supreme Cour. 0
|. tibs Stale by yhe proper proceeding FOR
. that purpose. and that il IS. now compe
Ten, Eof Mcleod. BY ihe ordinary process
Of hGbcas corpus, 10 bring his case "a
hesring before that tribunal.
The Undersigned hardly needs to assn
. Dir. Fox that a tribunal so eminenlly di'
B. Iineui:hed for ability and learning as ih
Supreme Court of the Stale Of New Yor
may be Salty relied upon for the just an
]. impartial administration Of The law in th
: as well as in other cases; and The nnde
e signed repeats the expression Of the d,
e sire uf this Government that no della
may be suffered 10 take place in these PRO
n ceedings which can be avoided. Of lhl
/, desire, Mr.. Fox will see evidence in III
i instructions above referred 10.
e The Undersigned has now to signify
: Mr.. Fox that the Government ofthe Un
j. tied States has not changed the oPinIo
d which IL has heretofore expressed to lie
). Maiesty's Government of the charaete
e Of the act Of destroyed the Caroline. !"
e Ii does not think thai the uansaciin
e can be justified BY any reasonable appl'
cation or construction o! The right Of sell
defence. under the laws ofnations. II I
admitted thai jus. right Of self-feienc
4 attaches always to nations, as well as Z
!. individuals, aud is equally necessary to
r the preservation Of both. But the ex'en
4 Of this righl is a question TO be judged o
5 by the circumstances of each particular case
and when its alleged exercise has led 4
the commission OF hostile acts within ill,
{ territory Of a Power at peace, nothing
. Hess than a clear and absolute necessl,,
, Jean afford ground Of justification. No
having. up to this time. been made &C
= quainled with the views and reasons
! idk ltHgtne WHICH nave leu HFt 0clGSts
, Goveramen, TO think the destruction o
the " Caroline unsuitable as an act of self
: defence, The undersigned, earnestly re
, newing the remonslrance Of this Govern
, mrnt sgains, The transaction, abstains. 70
J the present, from any extended discus
/ tsion Of the question. But il is deeme,
. lproper. nevertheless. not TO omi, 10 tab,
. some notice of the general grounds o
{ justification stated BY her Majss,y's Gov
, eminent in their instruction TO Mr.. Fox.
! Her Majesiy's Government have in
! sructed Mr.. Fox 10 say lha, they are o
, lopnion that the transaction which termi
mated in The destruction Of the CAROLYN,
/ was a Unsuitable employment Of force
for the purpose Of defending the British
! territory from the unprosoked attach Of
; band Of British rebels and America
: pirates, who, having been permitted Il
: arm aud organize themselves within th
! territory oflhe Uniled States, had actual,
A r a. III