The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-20

a well on civil as on criminal process for acts alleged
to have been done by him in the attack on the caro-
line, and his defence or ground 81 sequ,t'ai must nc
the same in both And this strongly illustrates,
a. the under ned eonceiyes the prcpney OF the lore
going obsen aiioas since IL 10 quite clear that ths
Government cannot interfere TO arrest c.
vii suit between private parties IA any Stage Of ITS pro-
gfess bui that such suit must 90 20 It's regular Judi
eiai termination. IT. therefore, any course different
from such have been now mentioned was Ia CON
temptation Of her Msjesiy's Government, something
would seem TO have been expected from The Govern
neni Of the United States little coniormable TO 'he
laws ard usages of the English Government as 10 those
Of the United States, and to which this Government
cannoi accede.
The Government Of the United States, therefore,
acting upon the presumption, whichn readily Adopted
thai nothing extraordinary or unusual was expected
OF requested Of il, decided The reception Of MIR;
Fox note TO take such measures the occasion anu
its own duty appeared 10 require
ain his note To Mr.. Fox Of the Goth Of December
last, Mr. Forsyth, the Secretary Of State OF the oni-
led States observes that If the destruction OF The
arone public act Of persons In her M sJes,ys
service obeyDg the order of their superior authorities
this fact has been before communicated 10 the eov
eminent OF the United States by person authorized
10 make the admission; and will be for the Court
which has taken cognizance of the offence with which
Mr. Mcleod is charged 10 decide upon ITS validity
when legally established before IT,. And adds, the
President deems this 10 be proper occasion To remind
the Government Of her Britannia Majesty that the
ease OF the Caroline has been long since brought 10
the attention OF her Majes,ys principal Secretary OF
State for Foreign Affairs, who up To this day, has not
commu its decs ion thereupon. Ills hoped that
the Government OF her Majesty will perceive the i'm
portancc OF longer leaving the Government Of the
United States uniformed OF It's views and intentions
upon subject which has naturally produced much
evaporation, and which has led 10 such grave con-
sequences.
The communication Of the fact that the destIuc-
ton Of the Caroline was an act Of public force, by
he RrIfis itlas ham form y ma Ia he
Government of the United States by MIR. Foxs note,
the case assumes decided aspect.
The Government Of the United States entcItains
no doubt that, after this ayowal Of the transaction
a public transaction, authorized and undertaken by
the British authorities individuals concerned in il
ought not, by the principles OF public law and the
general usage of civilized States 10 be holden person
ally responsible in the ordinary tribunals of law, for
t-if participation in it, And the President presunes
thai Il can hardly be necessary say that the Amer
can People, not distrustfu Of their ability TO redress
public wrongs by public means, cannot desire the
punishment Of individuals when the complained
OF declared 10 have been act OF the Government
itself.
Soon after the date of Mr. Foxs note, an instruc-
ton was given 10 the Attorney General the United
States from this Department, by direction Of the Pre-
sden which fully sets forth the opinions Of this Gov
eminent on the subject Of McLeod's Imprisonment,
copy of which instruction the undersigned has the
honor herewith TO enclose.
The indictment against Mcleod is pending in q
State court; but his rights whatever they may be-
no less safe, II is to be presumed, than if he were
holden 10 answer in one OF the courts of this Gov
erument.
I" He demands immunity from personal responsible
NY by virtue OF the law Of nations and that law, in
civilized States is to be respected in all courts None
either SO high or SO low AS TO escape from lis autho
rty, IN cases TO which its rules and principles apply
4" his Department has been regularly informed, by
his excelleBcy the Governor Of the State Of New
York. that the Chief Justice Of that State assign
ed to preside at the hearing and trial OF Mcleod )
case, but that, owing TO some mistake in the
process OF summonng the jury, the hearing ne
cessaIy deferred The President regrets this occur
renee, as he has desire for speedy disposition of the
subject. The counsel for Mcleod have requested
authentic evidence of the avowal by the British Gov
eminent of the attack and destruction of the Caro-
line as acts done under Its authority, and such evl-
dence will be furnished To them by this Department.
Ii is understood that the indictment has been
moved into the Supreme Court Of the State, by the
proper proceeding for that purpose, and that 1t is now
competent for Mcleod, by the ordinary process of
hdbeas corpus TO bring his for hearing before that
| tribunal
The undersigned hardly needs to assure Mr.. Fox,
that tribunal eminenty distinguished for ability
and learning the Supreme Court Of The State OF
New York may be safely relied upon for the just and
impartial administration of the law in this well
in other cases and the undersigned repeats the
preston of the desire Of this Cover nment that de-
lay may be suffered 10 take place in these proceedings
winch chu w dSolueu vi tnls utbiIt MI OK VIII
see evidence 10 the instructions above referred TO.
| " The undersigned has now TO signify to MIR. Fox
that the Government of the United States has not
changed the opnan which ii has heretofore express
ed TO Her Majesty Government of the character oil
| The act of destroying the Caroline
-" Under these circumstances, and under those i'm
medlaely connected with the transaction itself il will
he for Her Majcsty's Government TO show upon what
state OF facts and what rules of national law, the de-
strucOn Of the Caroline is 10 he defended. IL will
/ be that In show n oF self
defence, instant overe helmng, leaving choice OF
means and no moment for deliberation II will he for
It to show also, that the local authorities of Canada,
even surprising the necessity of the author
zed them TO enter the territories of the United States
at ALL did nothing unreasonable or excessive; since
the act justified by the necessity of self defence
be limited by that necessity, and kept clearly within IT,
II must be shown that admoniton emonstrance to
the persons ON board the Caroline Impractical
ble would have been unavailing il must be show
that daylight could not be waited for that there could
be attempt at discrimination between the innoce nj
and the guilty that it would not have been enough TO
seize and detain the vessel, but that there ne
cessty, present and inevitable for attacking her in
the darkness of night, while mooIed 10 the shore snd
While unaTmed men were asleep on board killing
some and woundng others and then drawing her into
I the current above the Cataract, setting her fire.
and careless 10 know whether there might not be in
her the innocent with the guilty, the living with
| the dead committing her TO fate which fills the ina
ginaon with horror. necessity for all this the Go
Netnmsnt OF the Limited States cannot believe To have
existed.
"Al will that if such things be allowed to oc-
cur, they must lead bloody and exasperated war.
And when an individual CONES into tie United States
from Canada, and To the very place ON which this
drama performed, and there chooses TO make pub
lie and vain glorious bast OF the part he acted IT,
is hardly wonderful that great excitement should be
created, and some degree of commotion atise
This Republic does not wish to disturb the ira IN
guilty OF the world. Its object is peace ia policy
peace. IL seeks ACKNOWLEDGEMENT by foreign con-
quest because it knows that no foreign acquisitions
a nd