Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-11

remonstrance OF tins Government ngnlnsl TIE uaHsdc
ton, absains for the present, from any extended dis
cus.on of the question. But it is deemed proper, ne
ver,heess, to omit to take some notice OF he gene
raj grounds of justification stated ny her hlaleh 20
vernment in their instruction to Mr.. Fox.
Her Maestys Government have instructed Hr. Fox
to say that they of opinion that the transaction
which terminated in the destruction Of the Caroline was
Jnsthabe employment of force for The purpose o.
deiendng the British territory from the unproyokeG
attack OF band Of British rebels and American pirates
who having been "permtted" TO arm and o'ganize
themselves within the territory of the United states
had actually invaded portion of the territory OF he
Majesty.
The President cannot suppose that her Majesty Gro
veInment by the OF these terms meant be
dersood ntimating that those acts violating the
laws Of the U. s., and disturbing the peace off, Br
sh territories, were done under any degree OF ounte
nance from this Government, or were rega.c by il
with indifference; or that, under the circuus ,aces
the case, they could have Been prevented By ord
nary Of proceeding. Although he re te;s hat
by using the term "permitted, possible inference o
that kind might be raised, yet snc inference, the
President is willing 10 believe, would be quite unjust
to the intentions Of the British Government
That on line of frontier such separates tie
United States from her Britannia Majestys North
American Provinces-a line long enough to divide
the whole OF Europe into halves-irreguaritrs, vio
lences and conflicts, should sometimes occur, equally
against the will OF both Governments, is cer,ainly
easily to be supposed. Tins may be possible
perhaps in regard the United States, without any
reproach their Government, since their institution:
entirely discourage the keeping up Of large standing
armies in time of peace, and their situation happily
exrmpts them from the necessity of maintaining sncl
expensive and dangerous establishments. All that car
be expected from either Government in these cases i
good faith sincere desire to preserve peace and DE-
Justice the Of all proper means of prevention anc
that If offences cannot nevertheless, be always pre-
vented, the offenders shall still be justly punished IN
all these respects, this Government acknowledges n.
delinquency in The performance oil IS duties.
Her Maiestvs Government are pleased, also, to
speak Of those American citizens who took part with
persons in Canada, engaged IN an instruction against
the British Government, as "American pirates The
undersigned does not admit the proprey or justice Of
this designation. IF citizens ofhc u. S fitted out or
were engaged in fitting out military expedition from
the IT, S intended TO act against the British Govern
in Canada, they were clearly violating the laws
of their country, and exposing themselves to the just
consequences which might be inflicted them il
taken within the British doinin'nns But, notwith-
standing this they were, certainly, not pirates, nor
does the undersigned think that il advance the pur-
pose Of fair aud friendly dscussion hasten the
commodaon Of national difficulties, TO denominae
them. Their offence, whatever il was had no analo-
gy 10 cases OF piracy. Surprising all that is alleged
against them 10 be true, they taking part IL
what they regarded civil war, and they were tax
ing part on the side of the rebels Surely, England
serving The appellalion which her Maestys Govern
ment bestows on these citizens fthe u. 5.
1t is quite notorious that for The greatest part OF the
last two centuries subjects of the British Crown have
been permitted engage foreign wars, both national
and civil and in the latter every stage of their pro-
rress and yet it has not been imagined that England
has at any time allowed her subjects 10 turn pirates
Indeed in times, not on have individual SUBJ
iccs Of that Crown gone abroad to engage civil
but we have whole regiments openly recruited
bodied armed, and disciplined in England, with the
avawed purpose Of aiding rebellion against nation
with which England was At peace although It is true
that subsequently, act of Parliament passed to
prevent transactions nearly approaching to public
war without llcence from the Crown
Ii may be said that the is difference between the
case Of civil war; arising from disputed succession
or i prorac,cd revolt Of colony against the mother
country, and the case Of fresh outbreak at the com
mencement Of n rebellion The undersigned does not
deny that such distinction may, for certain purposes
be deemed well founded He admits that Govern.
incnt called upon Ia consider its own rights interests,
and duties, when civil wars break out in other
tries may decide all the circumstances Of the par
ticunr ease upon its own existing stipnlaiions, on
probable results, what lis security requires,
and on many other considerations 1t may be already
bound TO assist party, or II may become bound, It
chooses to assist the other, and 10 meet the con-
sequences Of such assistance
But whether the revolt be recent or long continued,
they who Join those concerned in it, whatever may be
their offence against their own country, or however
they be treated, if taken with in their hands, in
The territory Of the Government against which the
standard of revolt is raised cannot be denomnated p
rates, without departing from all ordinary Of Ian
guage in the definition Of offences. A cause which
has foul orr gin piracy, cannot, in its progress
by lis success, obtain claim In any degree OF res
peciaby tolerance, among nations; and civil wars
therefore, arc not understood 10 have such commence
ment.
1t is we'll known to Mr. Fox, that authorities of the
highest eminence in England, living and dead, have
maintained that the general law of nations does not
forbid the citizens subjects OF one Government from
taking part in the civil connections of another. There
is some reason indeed 10 think that such may be the
opinion Of her Majesty's Government at the present
moment.
The undersigned has made these remarks, from the
conviction that it IS important 10 regard established
dlsnc TONS and view the acts and offences OF ind
vduas in the exactly proper light But ii is not to be
inferred that there is the part of this Government,
any purpose of extenuating IN the slightest degree,
the crimes Of those PERSONS citizens OF the United
States, who have joined military expeditions against
the British Government in Canada. On the contra
~ the President directs the undersigned say that II
is his fixed resolution that all such dsturbers Of the
national peace and vloators Ct the laws Of their
country shall be brought 10 exemplary punishment
Nor will the fact that they are nstigated and led on
to these by British SUBJECTS refugees from
the Provinces be deemed any excuse or pallatioH ,
although it is we'll worthy Of being remembered that
the prime Of these disturbances on the borders
are The subjects of the Queen, who come within the
territories Of the IT, 5. seeking TO enlist the sympathles
of their citizens by all the motives which they are able
10 address TO them account Of grievances, real or
imaginary. There is no reason 10 believe that The
design of any hostile movement from the u > against
Canada has commenced with citizens of the u ) The
true origin of such purposes and such enterprises IS on
the other side of the line But the Presidents resou
ton to these transgressuns of the laws no
that account The less strong Ii is taken not only in
conformity his duty under the provisions OF existing
laws bu, in full with the established prin-
cipes and practice Of this Government.
The Government of the United States has not, from
the first fallen the doubts, elsewhere entertained,
of the true extent of the duties OF neutrality 1t has
held that, however it may have been in less snghien-
ed ages the just Interpretation of the modern law Of
nations is that neutral States bound TO be strictly
neutral and that IT is manifest and gross improperly
for individuals TO engage in the civil conflicts of other
States and thus 10 be at war, while their Government
is at peace War and peace high national relations
which can properly be established or changed only by
nations themselves.
The IT, S have thought, also, that the salntary doc
tr,ne of non intervention by one nation WIN me AZ
fairs of others is liable 10 be essentially impaired !"