Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-08-28


; of public duty for which they cannot be
made personally and individually answered.
BILE to the laws and tribunals of any for
eign country
The President is not certain that he uh-
derstands, precisely, the meaning intended
by her Maiesty's Government to be com
veyed, by the foregoing instruction.
This doubt has occasioned, with the
President, some hesitation; but he inclines
to take it for granted that the main pur-
pose of the instruction was, to cause it to
be signifed to the Government of the Uni
ted States, that the attack on the steam
boat "Carolne" was an act of public force,
done by the British colonial authorities.
and fully recognised by the Queens Gov
eminent at home; and that, consequently,
no individual concerned in that transaction
can, according to the just principle of the
laws of nations, be held personally answer
able in the ordinary courts of law. as for
private offence; and that upon this avowa
of her Maesty's Government Alexander
Mcleod, now imprisoned, on an indct-
ment for murder, alleged to have been
committed in that attack, ought to be re-
leased. by such proceedings as are usual
and are suitable to the case.
The President adopts the conclusion, that
nothing more than this could have been in
tended to be expressed from the considera-
ton, that her Majesty's Government must
be fully aware, that in the United States,
as in England, persons confined under
judicial process can be released from that
confinement only by judicial process. In
neither country, as the undersigned sup
poses, can the arm of the Executive power
interfere, directly or forciby, to release or
deliver the prisoner. His discharge must
be sought in a manner conformabe to the
principles of law and the proceedings of
courts of iudcature. If an Indictment
like that which has been found against AL
exander Mcleod. and under circumstances
! like those which belong to his case, were
pending against an individual in one of the
courts of England, there is no doubt that
the law officer of the crown might enter
a nolle proSequi, or that the prisoner
NJ ght cause himself to be brought up on
ha6eas corpus, and discharged, if his ground
of discharge should be adjudged sufficient,
or that he might prove the same facts and
insist on the same defence or exemption
on his trial
All these are 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 to arise
in England, the power of the Executive
Government could be exerted in any more
direct manner. Even in the case of en-
bassadors. and other public ministers,
whose right of exemption from arrest is
personal, requiring no fact to be ascer-
tanned but the mere fact CT diplomatic
character, and to arrest whom is some
times made highly penal offence, if the
arrest be actually made, it must be dis
charged by application to the courts of
law.
1t is understood that Alexander Mcleod
is holden as well on civil as on criminal
process, for acts alleged to have been done
| by him, in the attack on the "Caroline;'
and his defence, or ground Of acquittal,
must be the same in both cases. And this
strongly illustrates. as the undersigned con-
ceives, the propriety Of the foregoing OBJ
servations; since it is quite clear that the
Executive Government cannot interfere to
arrest a civil suit. between private parties,
in any stage of its progress; but that such
suit must go on to its regular judicial ter
mination If, therefore, any course, differ
ent from such as have been now mentioned,
was in contemplation of her Maesty's Gov
eminent, something would seem to have
been expected, from the Government of
the United States, as little conformable TO
the laws and usages of the English Gov
eminent as TO those of the United States,
and to which this Government cannot ac-
cede.
The Government of the United States,
therefore, acting upon the presumption,
which it readily adopted, that nothing ex-
traordinary or unusual was expected or
requested of it, decided, on the reception
Of Mr.. Fox's note, to take such measures
as the occasion and its own duty appeared
to require.
In his note to Mr.. Fox of the 26th of
December last, Mr.. Forsyth the Secretary
of State of the United States, observes,
| that "if the destruction of the Caroline
was public act, of persons in her Ma
jesty's service, obeying the order of their
superior authorities, this fact has not been
before communicated to the Government
of the United States by person author
lied to make the admission; and it will
be for the court which has taken cogni-
zance of the offence with which Mr.. Nc
Leod is charged to decide upon its valid
ity when legally established before it,"
And adds, "the President deems this to be
a proper occasion to remind the Govern
ment of her Britannia Majesty, that the
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