The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24

or doubted that individuals, forming part OF public
military force and acting under the authority of e
gltimate acknowledged Government, not TO be held
responsible individually for the consequ Of their
acts Should he have pursued the course which
would seem 10 be indicated by the OF the
plant made against him-have spoken doubtingly
TO the existence of this rule Of public law Should
he have partly condemned and partly admitted il r.
Should he have shuflled and evaded and neither &C
knowedged nor denied its exlstencel Would tins
have comported with the honor and dignity OF the
American character 7 trust such views as those
entertained by the Senator this subject will ever
prevail IA the councils Of this nation do not believe
they VIII The policy recommended is OF charac4
Ter winch will be productive of good. IL our Go
vernmeni Is satisfied that the principle Of the law of
ha'iohs a. claimed by foreign Government Is I'M
doubted, u will say 80 frankly and unresefyedly IL
Will not desire to evade the point presented by doubt
ing or denying the principle. No motives Of prudence
will ever influence II 10 adopt such course II will
never seek 20 MAINTAIN It's interests at the expense Of
its character for manly frankness II will be lust 10
all, regardless of consequences
But II is said, there is much TO condemn in the in
structons TO the Attorney General II is insisted
that he should not have been sent the business
connected with the trial Of Mcleod that the latter
was before the regular legal tribunals Of the State OF
New York for trial. and no necessity existed for any
interference on the part of the National Government
that II should not have been suggested that the
indictment pending in the courts of the United States
RoHe prosequi would be entered that counsel for
cured and the Senator ntimates that possibly bill
Tor counsel fees in this may hereafter be pre-
scented against the United States and that from his
knowledge OF the character of the Attorney General
he Is inclined TO think that the mission was not very
agreeable to him Now, can hardly believe
that the Senator supposes that such bill for fees will
be presented for payment to the Congress Of the
United States and dismiss that point without fur
Their comment. As TO the mission of Mr. Crittenden
being unpleasant TO him, venture TO say he speaks
without authority and viii add, that believe SO
far from its being which he dsliked that he en-
trey concurred IN It's propriety and from my know
ledge OF him and his high character that the views
expressed in the letter of instructions him met his
entire appreciation. The Secretary Of State does say
that II the indictment were pending in of the
courts OF the United States the President would have
directed the entry Of noiie prosequ; and this is
deemed worthy Of animadyerslon. But what reason
able ground OF complaint does this declaration of Mr.
Webster furnish I If the law Of nations protected
Mcleod from punishment, why should he be tried
II the avowa OF his act an act of the Govern
ment, discharged him from personal responsibility in
what more proper, speedy and eectual way could he
have the benefit OF IT than the mentioned Would
il have comported with what this Government deem
ed TO be its duty TO foreign nation to have permitted
trial to be had when punishment could not follow
Was the farce of legal investigation TO be got up
and pursued when practical result connected with
such investigation could be attaineds If, them the
indictment had been pending in court of the United
States the entry OF notLe prosequ would have been
not only proper, but the most speedy and etfectual
mode OF giving effect to clear principle of public
law. But the Secretary well knew that the Pres-
dent had no power to arrest the proceedings in the
civil and criminal courts Of New York. So far,
therefore, from intmating TO be pursued by
the Executive Of that State he says the Government
is not informed whether the Governor of New York
has the power of ordering noHe prosecute or, if he
has whether he would feel it his duty to exercise it
And no instruction is given to the Attorney General
to interfere with the proceedings in the courts of that
State Nor is any thing in the nature of menace,
even in the way Of advice to the authorities of
the State in relation to the judgment suggested The
Secretary leaves the whole matter where is, in the
hands of the constituted authorities of the State-re
marking as to the course the President would have
adopted were the proceedings pending in the Judicial
tribunals of the United States but not inmating that
the Governor of New York could or ought to do the
same, and adding what the law of nations sanctions
just and reasonable, that the fact Of having acted
under public authority and in obedience to the orders
Of lawful superiors, must be regarded as valid de-
fence otherwise, individuals would be holden
sponsibe for injuries resulting from the acts of Gov
eminent and even from the operations OF public war
| Ii liz, however, urged that this Government should
have refrained from doing any thing connected with
this indictment and the proceedings under II that 1t
should have remained passive and have suffered them
to progress and terminate, without doing act,
speaking word, or writing sentence having relation
to them
1t will be WELL in examining this objection to the
course pursued by the Executive, to look at the cond
ton of things existing at the time when the instruc
tons gwen Mr. Crittenden, and to the actual
state of the matter it then appeared and in fact was
The present Administration into power tho
4th of March That which preceded had slept on tho
affair of the Caroline for eighteen months, hearing
nothing concerning the reparaton which was required
and not repeating any demand for it. All still
and quiet the silence of the grave Indeed long
interval had elapsed that il the British Gov
eminent supposed that would again refer TO
the subject But, upon the 18th of March, the aten-
ton of this Government is called to the and i'm
prisonment of Mcleod, and formal demand is made
for his release the ground that the transaction
account of which he had been arrested and to BIO
put on trial, was transaction of public character,
planned and executed by persons duly empowered by
the Colonial authorities ofhe Queen of Great Britain,
to take any steps and to do any acts which might he
necessary for the defence of Her Maestys territories
and for the protection of Her Msjesty's subjects and
therefore the act of Mcleod, being act of public
duty, was for which he could not he personally
and individually answerable In the tribunals of the
United States. II is the 18th of March that this
authentic declaration is made that the British Govern
ment recognises the attack the Caroline having
been made by It's authority. Mcleod was in prison at
Lockport, under indictment for murder for partic
pating in this attack 1t was expected his trial would
take place on the 22d of March, very few days sub
sequent to the avowa of the act national act and
done under the authority Of the Queens Government.
The trial was to be in county where the public mind
much agitated and excited. Much agitation had
also existed In England, IN consequence oil what had
taken place here while the former Administration was
in power. This Government had recognised the prn-
cple OF public law, that individual forming part
ofthe public force and acting under the authority OF
his Government, could not be held responsible
private trespasser maefactor. Every motive grow
ing out OF It's honor and duty required II TO all its
constitutional power TO preserve this principle invo
late; for 1t ms Government and not that of the
State of New York, which TO be held responsible
for its refusal omission TO do what it could with
proprey do to give the prisoner the benefit ofths rule
of public law. What, them under these circumstan-
ces, the President to dol Having authentic and
satisfactory evidence ofthe avowal of the by Great
Britain as national one and fully admitting the min