Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-06-10

denee oiihe avOwal BY the British Coys,n,".,, &c
INC "NaIA on anu obstruction Of the Caroline
d u's zone under ITS authority, and such evidence
VIII % furnished TO 'he'n by this Department
AZ - understood that the indictment has tr,p -.
moved irio the Suprsme Court ofibe SAT- D., 81.
proper proceeding for that purpose and that II j.
no" competent tor Mcleod. by the ordinary process.
OF ha'ea' corpus to bring hs for hearing before
The undersigned hardly needs to assure Mr. Fox
'ha uibunai 80 cminenlly distinguished for ability
and learning the supreme Court of The STATE of
new iork may be safely relied upon fos the ustHnd
Impartial administration Of The law in THIS as we'll
us IN other csses. and tho undersigned repeats the
l'ApresVn ot The desire of this Government that no
uei'y may DC suffered 10 take place in these pro-
eeetirss which can be avoided OF this desire MIR
foN VIII see evidence IA the instruction above re-
ferred TO.
Inc undersigned has now 10 signify 10 Mr. Fox
That the Government Of the United States has not
changed the opinion which IL has heretofore evpres
SC 70 her daJesiys Government ofihe ehalastcr Of
destroying the Caroline
IL does not think that the transaction can be ius
uhed by any Reasonable application or construction
IoI'he Hgt OF self defence attaches always 10 ma
TORS, as well a. to individuals and Is e1uaIly ne.
cessay ior the preservation Of both But The sx,ent
o ihis right IS question 10 be igdgod Of by the CIR.
eussinnces ui each particular case; aad when its
alleged exercise has led 10 the Commission of ho.t;s
acts within the territory Of Power at peace potIt.
lng less Than clear and absolute necessity can nj
lord ground Of justification. Not having I'D 10 This
tmc' been made acquainted with the views and
reasons al Iengih which have led her Msjesty's
Government In think the destuciiln Of the Caro-
line )ustiible as act Of self defence the uudcr
slsncd. earnestly renewing the circumstances oftIr,
Government against The Transaction absains for tho
present, from any extended discussion OF tho ourS
non. But It Is deemed proper nevertheless not 4,
"mii 10 take some notice crjhe general grounds OF
rs D euN ION aHnF - q. 4.
.hoIr Instruction % Mr. Fox.
Her Majesty Government a. We instructed Mr. FOX
osay That they are -ui opinion that The trnnsacii,
which terminated IN tie destruction of the Cor,,line
was Unstable employment Of force for the purp,s,
al defending the British Territory from the unpro-
VoS attack oi hand Of British rebel. aud Amer.
ican pirates, who, having been permitted" 10 arm,
ana organize the selves within The territory Of fb,
United States, had actually invaded portion of The
territory Of Her Majesty
Ihe President cannot suppose that Her hinipsiys
ernneni' 6y the use OF these terms mean, TO be
understood a. irtmal!ng thai those acts. yio,aiifg
The laws OF the United States. aud disiurbin. the
peace o! the British territories were done vpJer
? any degree OF countcnGnce from this 60, srnrnsft
or were regarded by It with Indifference; or th:t
uh4er me circumstances Of the Sase that could
nave seen prevented ~ the ordinary course OF pro-
es0"ns. Although he regrets ihat,by using the term
permitted posselc inference OF thar Kind mirht.
he raised. yet such inference the Pre.ie emf isy
ms - believe would be quite unjust To the intention
, Of the British Government
. ! That on line Of frontier such o.. seDrr,;rs IL,
United States from Her BrIan.c Aiassi,'s North
americas. FfnyInces-a line lying enough 10 divide
The whole OF Europe into hayes-lrrcrrl.rIt,., ~
ioences. and conflicts should sometimes uc,l,- =,
ly against the Will of both Governments d, ceriuy
easy 10 be supposed. This NAV be more ro.sibIe
perhaps ia regard to The United States without sny
= repfOaeh 10 their Government. since their i1srru.
''oHs enlirely discourage tl,e keeping up ct largo
Standing armies In time OF peace and their siIua.
j ''on hsPpily excmpts them FROM the NECESSITY ul
maintaining such expensive ani Dangerous est, b
ilshnenis. All that can he expected frJrn either
governments ia tEcse cases is good faith sincere
Geaire to pressrye peace and d. Justice the uS, al
II all proper means Of prevention aud that II offence.
cannot. nevertheless. be always prevented iIt. ,c
"a .ender shall sill be Justly punished L. al H..
respects, 'h.s Government Acknowledges Il, G,!!n-
a, 'Gaeucy ~ Inc performances % It's dYtles
e. her Nytsiy : Govcrament are pleased. also. O,
O. s'oa' O 'A"se American CIiIZ'u' Who lpS part ~ ih
peffnns ~ Candaensaged IN direction against
me B'IiISh Government. rs American ir.f,s" The
underss tci does no: admit the urotricy or ,tic-
81 shis GosgnaiiU1. Ilcilzeus OF The UuitrJ y ,;r,
a H'ei oH''uE were engaged in Citing out a militia ~
expedition rom tho United States inisulo 10 act
, against thu British Government IN & ,n,do. Trey
we're clearly violating tn laws oG their country
Fa"d exposing thcmself q the il,, c,f,,-,,ep,.s
: ]
me British doninIOns But. Notwithstanding TINS
'ey were cerialn not pirates nor does the under
SiShed hnk that II adyaace the purn,,e Of far
anu iTe"idIy discussion. Or hasten he accomu.ydI-
Lon "' National difficulties 50 10 dcnOminate them
tneIT offence, whatever II WIS had IA, aD,I,,s,, a.
cases OF piracy. Surprising all that is alleged aga
INST them To be true they were taking n u1rt ,yb,f
they regarded IS civil war and they were taking
part on the side OF the rebels Surely Ena'anJ
herself has not regarded yonoas thus engaged "a
, deserving the appollalioH which Her Maiestys
Government besiOws OF these citIzsUs Of the
United States
IL is quite notorious that for tho greatest mar; OF
iho last two centuries, subjects Of the British Crown
have been permitted 10 engage in foreign wars
both national and civil, and IA tho latter IN every
stage Of their progress; and yet IL has not been i'm.
hgined that England has at any tmo allowed her
subJecs 10 turn pirates. Indeed ~ our times not
emily have individual subjects Of thlt Crown gone
abroad to engage in civil wars bu, we have seen
"hpio regiments openly recruited. embroidered NJ
med and disciplined in England. wi.h On. avoYcd
purpose Of aiding rebellion against nation which
England was 81 peace al hongh % IS true that sub
'equenily' an act ofPailiament passed to pre-.
vent Transactions 50 nearly appruacbing 10 public
, war; without license from the Gown
il may he said that there is a difference between
the case Of a civil war, arising fum disputed sic.
cessi0n, prOiracted revolt Of colony nrnirr4t
the mother country and the cause ola fresh ont.
o ottahs ~ tue commencement OF rebellion. T'be
undersigned oes not deny that such distinction may
for certain purposes be deemed we'll founded Hs
admits that Government. called upon o. consider
ITS own rights interest aud duties when civil war,
break opt M other countries may decide on all the
cifcumtiances Of the particular case. upon its own
ef'lhs supulaiions on probable results on what 90.
own security requires. and on many ohcr consider.
u'ns. Iim1y DO already bound 10 assist one parry
% u may become bound. u 90 50 chooses a. sSsst
me o'hef and 70 meet the consequences Of such as
t.sfancc
But whether the revolt be r-csn, or I,o- r,-,;-,,
81. t1ey VII, JON those Concerned m b. ,yl,tryer
may De ihcr offence against thor own country. or
hoNcYcrihcy be treated. n taken with arms ip their
hnnds in the territory tho Government against
"hil iAe sia"aifd OF revolt Ig faisod cannot be- de.
s5minnied pirates, wiihJut departing from al or9.g.
afy use o'ianguage in 'iie drGnuga of offence.
cause which has 80 foul an origin as piracy can19t
81 iia PROCESS. 20 BY BE success. obtain s,im o,
any degree II rasppcab.Ifr s. toIo-5r-a. ,,5...,
HHn H#H.H. q