The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-07-08

~ - ~ NNHNEFi IL
hi, defence sal oFrrpled, h,iiivs,,l
uisa q tle bQItlnmali lhai - -.
sifPs sLoald - iaken for lbs -
removal q he ease, By urit a. -.
de Supreme C0uri 81 he Uni,.5 49,
This Has ~ which llss Rresiden, d;,....,
- bc'done. Il there any pars Il ! -
was out of he line of his dafl /. 4
Presideni II fault Coz fnmishisr M.I.s
with the legsl eEidenee Of he 49,
his government o. his act a |. -,
acd Or for seeing that he wns 49,
By able COUNSEL Or Coz suggest. =
them that me place Of Ghe cxeilsInea, =
not the most suitable place for n, ~
impartial tFiall Or thai this eoverp.--.
being the only responsible party -.
70 foreign governments, wished "a, a.
opinion Of he Supreme Court a. A.
United States mightbe taken, IN ! p,.s..
and legal form, upon the question cf,rA
lic law, II ID should be ruled agsinsi N.
prisoner Was this succumhinv 4
foreign powerl Was this yieldin, J.
threat or menscei Was this aciinr \.
der the influence Of fear or an unneces.,-,,
PANEL Was this course calcula,e5 I.
impair the honor or dignity Of he com.
Try, or % putat hazard any OF iis Interests,
Or unnecessarily 70 involve us IN hosil;.
tiess Leilhe sober and enlightened iuar.
meni Of he people answer.
Il is suggested that ihe instructions n
Mr.. Cntienden were communicated % b.
British Minister Immediately or before he
despatch was written 70 him. | feel SUR
that this cannot be supposed % evince
desire hastily 10 conciliale Great Ilri,,in.
for although Ii does not appear, from ~
ihing IN The documents before US, D. .shey
were so communicated, vet. if .,ey were,
there was nothing in them. -nich y was
either necessary or PROF. should be with
held from the Rriliss government. Con
cealmeua w.nld 90 no good. The insinr-
lions sb.wed the views Of our govern
men, "a the question Of public law; and,
also, whats,eps il could Jake, consistently
With our institutions, 10 give Mcleod die
benefiof them. Surely there was nothing
N The instructions which the honor or
interests Of the United States demanded
should be concealed from The government
Of Great Britain. They were clear and
explicit; and copy OF them was subse-
quently communicated TO MIR. Fox, BY the
secretary OF State. IN connexion with
his note Of April 24,h. There could
be no sacrifice Of honor IN frank and
speedy ayowal Of what The government
had done in The discharge of is duties 70
foreign government, SO far Is he con
siilution and the laws Of The country
authorized them TO 60.
believe | have now referred 10 all the
particulars-ihe specifications Of com
plant which have been suggested BY the
Senator. Having commented upon each
oflhem, he drew from them all this infer
ence: that they manifested q spirit no,
crediiable TO the American character,
syinoing ven. Of sufficient energy. and
the absence Of American spirit. Let me.
then, briefly refer 20 them, and inquire
whesher these complaints have any just
| foundation!
The Secretary did not refer. in suitable
language, 10 an implied threat. There
washo obligation 10 consider the language
as conveying any such threat or menace.
He should not have admitted the rule
Of public law in such decided and ex-
plicit manner. Neither honor nor manly
lrankness required him 70 express any
doubt upon a point Of international law
which was sustained by every principle
Of sound reason, and BY every modern
writer on the law Of nations.
lie should have abslained from sending
the Attorney General % the state Of New
York 10 perform the acts specified in his
instructions.
And what were these actsi To furnish
/ Mcleod with the evidence Of the recogni-
tion Of his act by his own government.
This was just. The British government.
had no communication with The authorities
Of the state Of New York. Their avowal
was to the government o. The United
States. No principle ofpublic policy can
override the great principle Of justice,
which demanded OF this government that
they should not withhold from an indl-
yidual arraigned for murder evidence IN
its possession which he deemed essential
for his defence. The Attorney General
was to see that Mcleod had able counsel.
Was il derogaiory TO the character Of the
government, or evidence of fear, that u
was DESTROYS that an individual whose
discharge had been demanded oft, under
the law Of nations, should have the benehs
Of skiiful legal adyiscrss Was i the
opposite Of american spiri. and energy,
that the government Of the United States
should wish, under such circumstances,
that the individual who could not be re;
leased from confinement under judicial
process otherwise than by judicialProccssI
and in manner conlormable 70 lHgA
principles and the course Of practice "
courts Of justice, should enjoy The adyaht;
age of professional men to aid him in thels
judicial Droceedingsl The Attorney Geiis