Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-29

~,
and dispatches the Attorney General 10 New fo'k, &c
effect discharge OF The prisoner. The instructions
among other things, say:
.yon are wei President no power
York If thu indictment wc'e pending in If the courts !"
United states an directed tina, the President upon
Tie of alr. FoX last communicating would have lmme
diarly directed asEe P-0Stq" 10 be entered
~ Whether this lir Governor New York have that
power ur have whether he would feel duty
excise II, points nr"n which We are No; informed.
"lt understood that Mcleod i holden al" civil process
sued agn,, him Is the &c The Caroline We suppose
very tile Executive Of HE state Interfere with
such process and indeed, If such process pending in III,
courts United States. Tie President could it, IL
and analogous The prosecuted and sued
hm. Of his exemption Defence Judicial pro
rcdng either IN the e"d into which lie called III stn'
other But whether the be criminal civil the
Of having acted under public authority and in obedience
the ordcrs Il lawful sieors must be regarded valid de
fences otherwise individuals would be holden responsible for in
jures resulting from tic acts OF Governments and from the
operations Of public
You viii be furnished with copy of this instruction. for Tho
If the Executive Of New York, and the Attor.e! Genera
that state You viii with also authentic evidence
Of the recognition by the British Government Of The DESTRUCTION
u The catone as an ae Of public oce done by national auDo
rity:
the Trial from the scene tr principal excitement 10 some QUE
distant couny You will take care that this be suggested
prisoners The President IS rraiird To learn tha
Governor Of New York has already directed that the trial take
place before the Chef Justice Of The state
asin- consulted with the oveno you viii proceed 10 Lock
port ar wherever trial be holden, and furnish iht
prisoners with the evidence OF which will be IN pos
u such be not already retained, and al
c"dr ILL., defurr t., is the wish Government
r. es e steps be- Immediately for REMOVING The
by writ Of err"r, TO the supreme Court o[tle L. ).
hours viii despatch
make your arrival al the place u trial before the trial come.
an and he trusts viii hun informed Of whatever occurs
81 means of n pondencc through THIS Department."
| A copy O. these instructions, as have said, was
delivered TO Mr. Fox at the time they written.-
| AT the same moment they were delivered to the new
Attorney General, (Nr. CrIttenden) who thus eqnpt
with written directions for his guIde and accompanied
BY an officer of high rank in the u S. Army, Major
General Scott Immediately proceeded in the business
Of his mission 10 the State Of New York, and TO the
place of the impending trial, at Loclport About for
ty DAYS thereafter, namely, on the 9th day of april
Mr. Webster replies Mr.. Fox letter OF the 18th OF
March, deliberately reviews the case of cLeod-jus
fes the NEUTRALITY-SUSPICIOUS. The subiect-and de-
mands nothing from the sovereign who had assumed his
| offence
Thus what had said on the evening of the 18th oil
March had come to pass. Underhanded springs had
been set in motion TO release the man; letter after
wards cooked up to justify the act.
| This, Sir, is the narrative of the case-the history
of il down 10 tins point at which it now stands and
upon this | propose TO make some remarks
and, in the first place. TO examine INTO the legality
and the propriety Of the mission in which our Al.
torney- General was employed | mean this as pre-.
limnary inquiry, unc"nnected with the general ques-
ton, and solely relating 10 the sending of Attor
ney General into any State TO interfere in business in
its courts. believe this mission Of MIR. Crtenden
10 New York was Illegal and mproper-a violation Of
our own statutes, and will test il By referring to the
law under which the Office of Attorney General was
created, and the duties of the officer defined That
law was passed in 1859, and is in these words:
.ind there shall also be appointed person learned the
Aorn,. Of tho u = shall br
affirmed faithful execution fins office whose duty shall
be prosecute and conduct all suits the supreme Court in
which The United states shall he concerned. and 10 give his al
Prsidcn, the L. States when ,IueSird o
head, Of tc hameni> touching any matters that may con
their Departments; and shall receive ms compensation Tor hs
services a. siai! be hy law provided
Here SAID Mr.. b., are the duties Of The Attorney
General lie is subject TO orders whatever from the
Secretary of State That Secretary hes nothing 10 do
with him except TO request his legal advice matter
which concerns his department. Advice on aquestion
Of municipal law doubtless hat intended but
advice of any kind to have been asked OF the
Attorney General lie seems to have been treated as
the Official subordinate of the Secretary-as his clerk
messengeT-and sent of with constructions which
he was 10 read and to execute This certainly an
illegal assumption Of authority over the Attorney
General an assumption which the statute does not re-
cosnise In the next place, this officer is sent into
State TO asss! al the defence Of person trial
in that court for violation of the State laws, and
directed 10 employ eminent and sklliul counsel for
him-to furnish him with eyidence-to suggest a
change OF venue-and TO take writ Of error 10 the
Supreme Court Of The u s. if the defence Of the pri-
soner be ovcrrucd by the Stale court. If brought TO
the Supreme Court BY this writ of error-a novel APP
plicaton Of the writ, il must be adml,ted-then the
Attorney General to appear in this court for The pri-
soncr, prosecute him in tho o! the U. 5.
bnt to dismiss The writ Now il is very clear that all
this IS foreign the duty of the Attorney General
foreign 10 his ch,ce-d,srespectlu and injurious to the
State Of New Yurk-incnmpatiblc with her judicial IN
endcncc-and tending 10 bring the General Govern
ment and The State Government into collision Nc.
Iced, foreigner, under prosecution in State court
for the murder Of lis citizens the importance Of the case
has induced the Governor Of the State he has official
" Informed lis Legislature, 10 direct the Attorney Gc-
neral Of the State 10 repair to the spot and to prosecute
the prisoner III person; and here is the Attorney Gene
raj Of the l. 5. 10 the place to defend the
person against the Attorney General Of the State
The admontnn to MIR Crittenden, that he was not de-
srcd to act counsel himself, admission that
he ought not TO act-that all lie doing was lille
ral and impropcr-and that he should not carry tile
improperly 80 far as TO make II public by making
speech He TO oppose the State without publicly
appearing 10 Go so; and as for his duty in the SUI
preme Court Of the United States, he was to violate
that outright BY acting for the accused, instead oi
prosecuting for the United States From all this
hold b., clear, that Attorney General has been
llrr Ills and Improperly employed tins business
that all that he has DONE and all the expenses that he
has incurred, and The re lie may have promised, are
no, only without law but against law and that The
RIGHTS of the State cr New York have not only been
invaded and nsrnged in this interference IN criminal
irnl. but that the rights and interests of the owners al
the Caroline who have brought civil action against
Mcleod for damages for the destruction OF their pro-
pey have been also gratuitously ussaled IN that part
Of the SecTetarys instructions which he declares
that such civil suit cannot be maintained CONSIDER
the illegal in ITSELF and involving triple Tile
eaIy first, as 1t concerns TIE Attorney General hun
SELF who sent 10 place where he had no right to
90 n,It, II concerns the State OF New YORK, as
interfering with her administration of justice and
m,rdy It concerns the owners of the Caroline VINO
have sued Mcleod for damages, and whose suit is de-
clated 10 he unmainIainablc.
now proceed Mr.. President, 10 the main inquiry IN
this he corrrtness and propriefy c The 0ns"e'
gir byour serretayy IF Suite TO r For, and its cam
pab,tly wd Tie hOnor, dignity, and future 'eeJare q
M's Rpnit,e.
look upon the "insiruenoas' which were given to
Mr.. Crt,cndrn, aud copy Of which sent 10 MIR
Fox as beng to that Minister, and deem
the letter entitled answer, and dated forty days at
,erwards, as being mere aiierpecc-an article io'
home consump,on-a speech for Buncombe, as we say
ofour addresses o nnsttuents-a pleading intend
ed Tor Us, and No, for the English, and wholly designed
To- excuse and defend the real answer long before
and promptly gwen. will give some attention 70
THIS, called letter. before quit the case; but for the
present my business is with the "iestrnciions, copy
a H. 4 An