The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-06-17

Mr.. McLeod's imprisonment, a copy of which
instruction the undersigned has the honor here.
with 10 enclose.
The indictment against Mcleod 10 pending in
State eonrt but his rights, whatever they may
be- are no less safe, ii is to be presumed than ii
he were holden 10 answer IN one Of tho courts of
this Government
lie demands immunity from personal RESPONSE
billy by virtue of the law of nations. and that
law, IN civilized States is to be respected IN all
courts. None is either so high or so Low as to
escape from lis authority 10 cases to which its
rules and principles apply.
This Department has been regularly informed,
BY his excellency the Governor Of the State of
New York, that the Chief Justice of that State
was assigned 10 preside the hearing and trial of
Mei-eod's case, but that, owing TO some enor or
mistake in the process OF summoning the jury,
the hearing was necessarily deferred.
The President regrets this occurrence, as he
has a desire for q speedy disposition OF the sub
lect. The counsel for Mcleod have requested
authentic evidence Of the ayoaa by the British
Government of the attack on, and destruction OF,
the Caroline" as acts done under its authority
and such evidence will be furnished 10 them by
this Department.
II is understood that the indictment has been
removed into the Supreme Court of the State by
II is now competent for Mcleod by the ordinary
process Of ka5eas corpus, to bring his case for
hearing before that tribunal
The undersigned hardly needs 10 assure Mr..
foN that a tribunal eminently distinguished
for ability and learning as the Supreme Court Of
the State Of New y ORR may be safely relied upon
for the Just and impartial administration Of the
law in this as well as in other cases and the un
dersigned repeats the expression of the desire of
this Government that no delay may DE suffered to
take place in these proceedings which can be
avoided. Of this DESIRE Mr.. Fox viii see eyi-
deaoe in the Instructions above referred TO-
4 TIE undersigned has now 10 signify 20 Mr.
Fox that the Government Of the United States
I has not changed the opinion which il has here
i to.orc expressed 10 Her Majesly's Government OF
the character Of tae act Of destroying the Caro-
line"
1t does no. think that the transaction can be
justified by any reasonable application or con-
s,ruction Of the night of self.defenoc, under the
laws Of nations Il Is admitted that usi right OF
self defence attaches always TO nations, as we'll
as to individuals, and IS equally necessary for the
prese5y alton Of both But the extern, Of this right
is q question 10 be judged of BIZ the circumstan-
ces oi each particular case and when It's alleged
exercise has led 10 the commission Of hostile acts
within the territory Of Power at peace nothing
/ less than clear and absolute necessity can az
/ ford ground Of Justification. Not having, up to
tins tune, been made acquainted with the views
and reasons, at length, which have led her Ma.
iestY's Government think the destruction OF
! !! Caroline lble an &C; Of selfde-
.eaa Edc earnestly renewing the
I .an nstr ace ais Government sgains, the
transact on, s''siAins, fo- the present, from any
/ extended l.1 usS.on Of the question. Bat it is
lesned pi per K ertheloss, not 10 omit TO take
some notice Of the general grounds Of ns.iicA-
lion stated BY Der Msesty's Government IN their
instruction 10 Mr.. Fox.
Her Majes.y's Government have instructed
,sr. Fox 10 say that they are of opinion that the
transaction which terminated in the destruction
Of the Clroline was igstiiahle employment Of
force. for the purpose Of defending the British ter
raory f:Orn the unpsoyokud stack Of band OF
British rebsls aud American pirates, who, hav-
ing been permitted 20 arm and organize them
selves within 10 territory Of the United States
had .clally invaded Portloa Of the territory Of
Iies Majesiy
Toe President, cannot suppose that Her Majes-
Tvs Government, by the use OF these terms,
meant 10 Be understood ss intimating tSat those
acts violating the laws of the United Sites and
disturbing the peac9 Of the British territories
were done under any degree Of counienance fram
this Government, regarded BY II with in
difference or that under the circumstances Of the
case. they could have beea prevented BY the ord-
nary course Of proceeding. Althougs be regrets
that BY using the term "psrmitted,' possible
InfeEeaes Of tat kind might be raised, yet such
inference, the President is willing 10 believe
would be quite unjust 10 tie intentions Of the
British Government.
+ That or a line Of frontier such as separates the
uni.ed States from Her Britannia Majesty
ana lima
q divide the whole Of Europe into halves -itreg
nlaslties, yioleuces and conflicts should some.
times occur equally against tie will Ct both Gov
ernmeuts, IS cert liniy EASILY 70 be supposed. -
his may he more posslG!c, perhaps IN regard to
the taiisd States, without any reproach 10 their
Government, since thsir Institutions entirely dis
courage 'as lsepilg nP Of large standing armies
20 time Of peace and their situation happily ex.
eHlp;s them from the necessity Of maintaining
such expensive and dangerous establishmsnts.-
All that can be expected from either Government
in these is good faith, desire to pre-.
serve peace and do justice. the uss Of all proper
means Of prevention, and that if offences cannot,
+ nevertheless, Be always prevented, the offenders
shall still be punished. In all these respects,
tins Government Acknowledges no delinquency
in the performance Of It's duties.
/ Her H4jesty's Government arc pleased, also.
/ l. speak Of those American citizens pho took
part with persons in Canada, engaged in an in
sureeiion against the British Government, as
4" American pirates" The undersigned does not
admit the propFiety justice Of this designation
Ii citizens Of tbs United States fitted out or
were engaged N fitting ont 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 10 the jgst consequences
which might be inflicted on them Il taken with.
- The British doiainioHs But. notwithstanding
thiS, they were, certainly, rot piratas, nor does
rue uH1u.sfgIs-- s4. ...I co tho nj, >
pose Of fair and friendly discussion, or hasten Tie
accommodation Of national difficulties, 50 10 de-
Eoninats them. Their offence, whatever il v az.
had no analogy 70 cases Of piracy. Supposug
all that is alleged against them to be true they
were taxing part in what they regarded as a
atsll war, and they were taking part on tho
side Of the ye5els. Surely England herself has
not regarded Persons TINS engaged as deserving
the appeiIation which Her Majesty's Governmen nj
bestows on these citizens Of the L nlted States
u Is quite notorious that, for the greatest part
Of tho last two centuries, subjects OF the British
Crown have been permitted to engage in foreign
wars, both national and civil, and in the latter