Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-11
RICHMOND, VIRGINIA, FRIDAY, JUNE II, ls4l

to do any acts which be necessary for the defence
Of her Maesys territories and for the protection of
her Msjestys subjects, and that consequently those
subjects of her Majesty who engaged in that transac
ton were performing act of public duty tor which
they cannot be made personally and individually an
swerabls TO the laws and tribunals of any foreign coun.
try"
The President is not certain that he understands pre-
csely the meaning intended by her MaJestys Govern
ment to be conveyed by the foregoing instruction
This doubt has occasioned with the President some
hesitation, but he incnes to take It Tor granteu tna'
the main purpose of the instruction was 10 cause "
be signifed 10 the Government Of the U. > that the
attack the steamboat "Caroline was an act OF pun.
lie force, done by the British colonial authorizes, ana
fully recognised By the Queens Government at home
and that consequently individual concerned IN 'na'
transaction can, according TO the just prnc'pe OF Tue
laws Of nations, be held personally nnsweraoe III inc
ordinary courts Of law for private offence; anu
that ursn this ayownl of her Majestys Government
h'e.a. Ter Mcleod, now imprisoned on an indictment
for murder alleged % have been committed n that a.
ack ought TO be released by such proceedings as are
usual aud are suitable TO the case.
The President adopts the conclusion that nothing
more than this could have been intended To be express
ed from the consideration that her Maestys Govern
ment must be fully that in the United States as
in Eng land, persons confined under judicial process
can be released from that confinement only by Juhica
process In neither country, ms the undersigned sup
poses, can the arm of the Executive power interfere
directly or iorclby, TO release deliver the prisoner
His discharge must be sought in manner coniormaoe
to the principles Of law and the proceedings of courts
ut Jud'cature If indictment, like that which mas
been found against Alex. Mcleod, and under cIrcum-
stances like those which belong to his case were pend
ing against an individual in of the courts OF Eng
land there IS doubt that the law ofhcer oil the
Crown might enter noIie pr0scgHi, that the pri-
soncr might himself 10 be brought up on h"beds
corpus and discharged, if his ground Of discharge
should be adudged sufficient, or that ne might prove
the same facts and insist the same defence or ex-
emptIon on his tila
All these legal modes Of proceeding, well known
to the laws and practice of both countries But the
undersigned does not suppose that If such case were
10 arise in England the power of the Executive TO-
vernment could be exerted in any more direct man.
ner. Even in the Of Ambassadors and other
public Minister'S whose right to exemption from ar
rest is personal requiring fact to be ascertaned but
The fact of diplomatic character, and to arrest
whom IS sometimes made highly penal offence, VI
The arrest be actually made it must be discharged by
application to The courts Of law.
II is understood that Alexander Mcleod IS holden
well civil rs criminal process Tor acts alleged
10 have been done by HIM in the attack on the laro-
Iine and his defence ground of acquttal must BE-
the in both cases And this strongly illustrates,
the undersigned conceives the proprety OF the fore
rung observations since il quite clear that The Exc.
cuve Government cannot interfere TO arrest civil
SUIT between the parties any stage oil It's progress
mnation Ii, therefore, any course different from such
as have been now mentioned in contemplation oil
her Majcstys Government, something would seem 10
have been expected from the Government Of The Y >
little conorna5e 10 The laws and usages OF The Eng
lish Government as TO those OF the u and 10 which
tins Government cannot accete.
The Government of the u s. therefore, acting upon
the presumption which has already adopted, that no.
thing extraordinary unusual was expected or request
ed of il, decided, the reception OF Mr.. Fox note,
to take such the occasion and ITS own duty
appeared TO require.
In his note to Mr.. Fox the 10Th OF December
last Mr. Forsyth the Secretary Of State of the L. s.,
observes that "f the destruction of the Caroline was
public act of persons her Majrstys service, obey
nr the order Of their superior authorities, this fact has
not been before communicated TO The Government OF
the u. S. BY person authorized to make the admits
SON. and will be for the court which has taken cog
nizance of the offence with which Mr. Mcleod Is
chnroed to decide upon lis validity when legally es
,ab!ished before il; and adds, The President deems
this to be- proper occasion to remind the Government
Of her Britannia Majesty that the case OF The Caro-.
line has been long since brought to the attention OF
her Majesty Principal Secretary OF State Tor foregn
Affairs who up 10 this day. has not communicated lis
decision hereupon. 1t is hoped that the Government
If her Majesty vii perceive the Importance Of no
longcr leaving the Government nj the u > uninlorm
ed Of its views and intentions upon subject which has
naturally produced much exasperat'on and winch has
led TO such grave conseqne noes
The communication OF the fact that the destruction OF
the uCarone was &C, Of public force by the British
authorities being formal communicated to the Govern
ment ofthe u s. by Mr. Fox note, the case assumes
decided aspect.
thai, afer this avowa Of the transaction ns public
,r,os,ctiou authorized and undertaken by the British
authorities individuals concerned III It ought not, ny
The pr;nciples of public law and the general usage OF
civilized States 10 be holden personally responsible IN
tho ordinary tribunals of law for their Participation IN IT,
And the President presnmes that il can hardly be nc
ces,,rv 10 say that the American people, not dstrsu
re e,r obily to redress public wrongs by public means
c,nno, desire Inc punishment Of individuals when The
act comualned OF declared TO have been an act Of the
Government itsell.
Soon after The date Of Mr. Foxs note instruction
,,as uyen 10 The Attorney General Of the U. s. from
~; nn,,,mcnt, by direction Of the President, which
tlIv seis forth the opinions Of this Government on the
,hiect o MIR Mcleod imprisonment copy oi which
instruction the undersigned has the honor herewith to
enclose !;
THE indictment against Mcleod IS penang IN
S,, co,rt hut his rights, whatever they may ne, are
,fa !, is to be presumed, than II he were holden
- ,rsver in one of the courts of this Government:
He demands immunity from personal responsibility
bv virue of the law Of nations, and that law N cV'l
red States, is TO be respected IN all courts t"e
her so high or low TO escape from lis aulhofy
- cases 10 which it's rules and principles apply.
This Department has been regularly informed, oy
II. Excelency the Governor Of the State OF n YORK,
Thai the Chief Justice of that State was assigned to
preside at the hearing and ra of Mcleod case o"5
that owing to error or mistake !" the process OF
summoning the jury, the hearing was necessarily &C.
lerred. $50 80 Ia h,s
The President regrets this occurrence, as ne na ,
desire for speedy disposition Of the subject Inc
counsel for Mcleod have requested authentic evidence
Of the avowal by the British Government Of The al.
tack on, and destruction Of, the Caroline as ac's
done under its authority, and such evidence VIII De
furnished to them by this Department
7, is understood that the indictment has been reno
ved into the Supreme Court of the State BY the prope.
proceeding for that purpose, and that It IS now
or Mcleod by the ordinary process OF ha1eas e0TpDs
n hiring his case for hearing before that tr'ounai. =
The undersigned hardly needs to assure " h;I as
that tribunal so eminently distinguished tor aa.y
and learning as the Supreme Court of the State OF
New York may be safely relied upon Tor the ]ns' anu
,,n,riia administration of the law in this as wen as IN
other cases and the undersigned repeats The express
sion of the desire of this Government 'na' u" ds,"
nav be suffered 10 take place in these proGetu,nss
,vh'ch can be avoided Of this desire, MT. OK WIZ
a. er;dencc in the instructions above referred 10.
The undersigned has to signify to MIR. foS una.
tho Government Of the United States has not changru