The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-06-22

! and at all times TO maintain while it will, at
the same time, as scrupulously refrain from In
fringing Oh the rights Of others.
The President instruciS the undersigned 10
say, in conclusion, that he confidently trusts
that this and all others questions of difference
between the two Governments will be treated
by both in the full exercise Of such spirit of
candor, Justice, and mutual respect, as shall
give assurance the long continuance ofPeace
between the two countries.
/ Annexed to Mr.. Webster's reply is a copy
of the instructions, given by order of the Pres
ident 10 the Attorney General in reference to
This case. The following extract contains the
gist of the letters;
| There is, therefore, now, an authentic decla-
ration on the part of the British Gov
eminent that the attack on the Caroline was an
act of public force, done by military men, under
the orders of their superiors, and is recognised
as sucl. by the Queens Government. The
importance of this declaration is not TO be
doubted, and the President is of opinion that
it calls on him for the performance Of high
duty. That an individual forming part ola
public force, and acting under the authority of
his Government, is not to be held answerab.e,
as private trespasser or malefactor is prln-
ciple of public law, sanctioned by the usageS of
all civilized nations and which The Government
of the UCited States has no inclination TO dis
pute. This has no connexion whatever with
the question whether in this case, the attack on
the Caroline was, as the B. Government think
it, justifable employment of force for the pur-
pose of defending the British territory from
unprovoked, attack, or whether it was most
| III g. - h.,
territory ofthe United State, as This Govern
ment has regarded it. The two questions
essentially different; and, while acknowledge
ing that an individual may chin immunity
for the consequences Of acts done by him, by
showing that he acted under national authority,
this Government is not 10 be understood as
changing the opinions which i has heretofore
expressed in regard to the real nature of the
transaction which resulted in the destruction
| of the Caroline. That sublectii is not neces-
sary, for any purpose connected with this
communication, TO discuss. The views Of
this Government in relation tot are known 10
that of England; and we are expecting the
answer Of that Government to lie communca
ton which has been made 10 il.
All that is intended to be SAID. at present, is
that since the attack on the Caroline is avowed
as national act which may Justify reprisals,
or even general war, if the Government of the
United States, in the judgmnnt which it shall
form of the transaction, and of It's own duty,
should see fit TO decide, We, that it raises
question entirely public and political. ques-
ton between Independent naions, and that in.
dividua's concerned in it cannot be arrested
and tried before the ordinary tribunals, as for
no Of IL
on the Caroline was unjusii6able, as this
Government has asserted, the law which has
been violated is the law of nations, and the re.
dress which is 10 be sought is the redress au.
thorized in such cases by the provisions OF
that code,
You are well aware that the President has
no power 10 arrest The proceeding in the civil
and criminal courts of the State of New York.
If this indictment were pending in one Of the
courts of the United States, am directed to
say that the President, upon the receipt Of MIR.
Fox's las. communication, would have imme
dately directed a noHe pyosequi TO be en-
tered.
Whether, in this case, the Governor of
New York have the power, or, if he have,
whether he would feel it his duty TO exercise it
are points which we are not informed.
1t is understood that Mcleod is holden also
on civil process. sued out agains, him by the
owner Of the Caroline. We suppose it very
clear that the Executive of the State cannot
interfere with such process !; and, indeed, if
such process were pending in the courts ofthe
United States, the President could not arrest
it. In such and many analogous cases the
party prosecuted or sued must avail himself of
his exemption or defence by judicial proceed
ings, either in the court into which he is called
or in some other court. But whether the pro-
cess be criminal or civil, the fact of having
acted under public authority, and in obedience
to the. orders Of lawful supenors, must be re.
garded as a valid defence, otherwise individ'
uals would be holden responsible for injuries
resulting from the acts of the Government, and
even from the operations Of public war.
Mr.. Fox AND Mr.. WEBsrER.-The A.
merican Sentinel (npposition) says ii lis proud
of this mastery correspondence of our Govern
meDt. 1t is full ofpower, yet it is full of sim.
plicity. Ii speaks the language OF truth with
a potency that commeuds it to every ore. Our
Government. in this great state paper, stands
upon grounds that is impregnable. 1t will be
read with deep interest every where. Ii will
manifest to the English at Home and TO all
Europe, how ably this Government can sus-
tain the rights of our people. Indeed one cannot
peruse this powerful argument without feeling
that the pen is as powerful as the sword. "A
just and deserved compliment voluntarily
paid to the Secretary of State, and one which
has been acknowledged by every impartial
man of every party.
The Custom House COMMISSION continues
without any diminution ofinterest, and without
anv lack of material The fourth wool IF th-