Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-06-14


limited by that necessity, aid kept clearly within
it,
1t must he shown that ndmonition or remon-
strance to the persons ON board the "Carone'
was impracticabe or would have been unavalllng
it must he shown that daylight could not be walt
ed for; that there could lie no attempt at discrlm-
nation between the innocent and the guilty that |
it would not have been enough to seize and detain
the vessel but that there WINS necessity, present
and inevitable for attacking her IN the darkness
of the night, while moored to the shore, aud while
unarmed men we've asleep on board, killing some
and wouAding others, and then drawing her into
the current above the cataract, setting her on fire,
and careless 10 know whether there might not he
in her The innocent with the guilty, or the living
with the dead, committing her to n nte wirh fills
tho nagin uinn with horror. A Necessity for all
this The Government OF tho United States cannot
believe to have existed
Al will that # such things he allowed to &C
cur, they might lead To hluuty and eyaspcrated
war and when an individual comes into the Uni-
ted States from Canatla, aud to the very place oil
which this drama was pertormed,nnd there chuoseS
to make public and w glorious botss of the par;
he ncted in it, it is hardly wonderful that great ex"
element should he created, aud some degree Of
CONJUNCTION arise.
| This republic does no, wish 10 disturb the tran
guilty of the world. Its object is peace, its poll
cy peace. IL seeks Ito ACKNOWLEDGEMENT hy foreign
conquest, because it knows TINT no iurcigu nrlii'
ston could augment lis power and importance so
rapidly they already advancing lay its own
natural growth under the propitious rircunistan-
ces of its station. But it cannot admit that its
Government has not both The will aud the power
To preserve its own neutrality, and to eii'rce the
observance of it's own laws upon It's own citizens.
II is Jealous OF its rights and among oiiIfrs, and
most especially, of the right of the absolute i'm
munity of lis territory against aggrrFsiau from n
broad md these rights it is the duiy and the de.
termination Of this Government fully and at all
IL. a..
as scrupulously refrain froiu infringing on tie
| rights ol others.
| The President iusiructs the undersigned 10 say,
| in conclusion, that he confidently trusts that this
and all other Questions of difference between the
two Governments will be treated by both in the
full exercise Of such spirit Of candor, justice,
and muiuel respect, MS sialI give assurance Of the
long continuance Ul peace between the two coun-
i tries.
Annexed TO Mr.. Wei,s,cr's reply is copy ofihe
Instructions, given by order of the President to
the Attorney General, in reference to this case.-
The following rxtrac; contains tie gsi of The let
ter:
There is, therefore now, an authentic declara-
ton OIL the part Of the British Government that
the attack Oh the Caroline act Of public
force, done by military men, under tho ORDERS Of
their sperOrs, and is recognised as such by the
| Queens Government. The importance of this
declaration is TO he doubted, aud the President
is OF opinion iirat it calls upon hin, Tor the per
forn,nuce of high duty. That All individual for
ming part of public force aud acting under the
au ority Of lis Government, is not TO I've lcl,! an
s~eratr, rs private iresIIasser or nnieimctnr is
q principe Of public law, sanctioned ny the usa
ges Of all civilized nations, aud which the Gov
eminent Of the United States has no inclination
10 dispute. This hns no cnnnexiCn whatever with
he question whether, III Ii,is case, the attack
the Caroline WAS, aothe British Government think
II, ]ustiiuble employment, nf force for the pur-
pu>e OF offending the British territory from I'M
provoked attack, or whether i: was n luost unus
thable invasion in time of peace OF the territory
= of the United States, as this Government has re-
garicd il. The TWO questions are essentially dl-
fercnt; and, while wledging tiu all individ.
nal may claim immunity from the consequences
of acts cone by him, by showing that he acted un-
der nutiona authority, this Government is not 10
lie understood as changing The opinions which ii
has heretofore expressed in regard TO the real M
lure Of the transaction whicl, resulted in the de-
sirnclion of the Caroline. That subject IL is not
}, necessary, for any purpose connected will this
{ communication. to,dscuss- The views OF This
Government ia relation to il are known 10 that of
England; and we expecting the answer OF
that Government to ME cenlnlth icS1ion whct has
e been made H.
All that is intended To be said, at pres NJ is that,
since lie attack the Caroline is avowed rs n
national act which may justify reprisais, or even
general war, If the Government Of the United
States, in The judgment which it shall fora, OF the
= transaction, and OF its own dirty, should see iii so
to decide yet that ii raises question entirely pub
lie aud political, question between independent
atiuns und that individuals concerned in it can.
notb be arrested and fred before the ordinary iri
bunals, MS for the violation oil municipal law. II
, the attack the Caroline was unjuslihablc as
This Government has asserted, the law which has
bOeti violated is Tire law Of nuiions aud thc re
al TIA hp ia
ized in such 10y the provisions o! that code.
You ure well aware that tie President las &c
power to arres. the proceeding III the civil ant
. ctiminalcourts of the State of New York. IL th.
o indictment were pending in one OF the courts o
a the United States am directed 10 say iiiat lllt
President, upon the receipt of Mr.. Fex's lns
communication, would hive immediately directed
= II noHe proStqai 10 be entered.
It Whether in this case, the Governor of n. Y
have the power, or, If he have, whether he woul'
feel it his dHy 10 exercise it, are points which W
are not informed.
d 1t is understood tina, Mcleod is hoden also OF
o civil process, sued out against him by the owne
4 of the Caroline. We suppose it very clear tina
" the Executive Of the State 'caunut Interfere witt
l. such process and, indeed, il such process wer
Of pending in the conrls of tire United States, In
" President could notarrest it. IN such aud man
:; analogous The party prosecuted "r sued mus
~ avail himself of his exemption or defence 10y judi
ii cal proceedings either in the court into which b
re is called, or in come other court. But Mehe
is the process be criminal civil 1.-The fact ofhayin
m acted under public authority, and in obedience
" the orders of lawful suerlors must be regarde
" as valid defence, oilraryise individuals would Il
s holden responsible for injuries resulting frou iii
Dy acts of the Government aud erenfron the ope
10 -ations of public war.
he n tribute 10 the memory Of Harrison. Me-. Gas
W American Minister Plenipo,enIiary atihe Court
ds France, delivered an euegy before the American
IL in Paris, on receiving intelligence Of the death