The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-07-15

U % E4lAtttE II aAAA 1AAAN &c 49, 1AA
Mcleod hsd been arrested and indicted
under the local authority Of New YORK.
without possibility Of kROwing hat the
transaction had been sanctioned BIZ Il,
That We sui regarded the transaction in
the light We originally did. and could not
even consider the demand Ill The conduct
Of which We had complained was e1-
planned Bur. in the mean time, that
Mcleod might have the benefit Of the
fact on his trial thar the transaction was
sanctioned BIZ his Government. Il would
De transmitted in due form 10 those who
had charge Of his defence.
Here LEI me say thar entirely concur
with Mr.. Forsyth, that the approval Of The
British Government Of the transaction in
question was an important fact IN ihe trial
OF Mcleod. without however. pretending
to offer an opinion whether il would be
a valid reason against aeharge OF murder,
ofwhich the essence is killing with malice
prepense. II i pOin: for the court and
jury, and not for Us 10 decide. Nor do |
intend 10 venture an opinion whether, If
found guilty, with the knowledge Of the
fact that his Government approved Of his
conduct. il ought not 10 be good cause for
his pardon. on high considerations Of
humanity and policy. ! leave both ques-
lions, without remark, Ia those 10 whom
the decision properly belongs, except 10
express nv conviclioa that there Is not
and l1as not been the least danger ihat any
step would be taken towards him not
fully sustained By justice, humanity, and
sound policy. Any sep which did not
strictly comport with these would shock
the whole community.
Having taken the ground, | have indi-
Gated than We ought to have received ex-
plaaa,ion before we responded to a Pc
rempiory demand; there we ought 10 have
rested ill we had first received eKplana-
ton. Ii is a maxim, that he who seeks
equity must do equity; and, on the same
principle. Government that seeks TO
enforce the laws Of nations in particular
case against another, ought to show thai
il has first observed them on lis own part
in the same transactions; or al leas, show
plausible reasons for thinking that it had.
None, bat proud and naughty nation like
England, would think OF making the de.
mand, she has without even deigning Il
notice our complaints against her eonduci
! in connection with the same transaction;
and cannot hut think that, in yielding TO
her demand, under such circumstances,
the Secretary has not only failed TO exact
what is due 70 our rights and honor, as an
independent people, but has, as far as the
influence of the example may effect il.
made dangerous innovation on the code
Of international laws. cannot but think
the principle on which the demand 10
which he yielded was made, is highly
adverse TO the weaker power, which we
must admit ourselves yet to be, when
compared to Great Britain. Aggressions
are rarely by the weak againstt the stronger
power, but the reverse; and the practical
effect Of the principle, il admitted, would
be to change the responsibility ofdeclaring
war from the aggressor-the stronger
power-io the aggrieyed, the weaker; a
disadvantage so great, that the alternative
of abandoning the demand of redress fol
the aggression would almost invariably be
forced on the weaker, rather than TO APP.
peal 70 arms. This case itself will furnish
an illustration. We have been told agar
and again, in this discussion, that in yield
ing to the demand to release Mcleod WI
do not surrender our right to hold Grea
Britain responsible; that we have the
power and will to exact justice by arms
This may be so; but is il not felt on al
sides that this is, | will not say empt,
beasting, but that it is all talk! Ate
yielding TO the peremptory demand 70
! hi; imme late release; af,er sending tn
Attorney General to look after his safety
and employing able counsel to defend hin
against the laws of the State, the publ;
feeling must be too much let down I
think of taking so bold and responsible
a measure as that of declaring war. TIL
only hope we could ever have had for
redress for the aggression would have bee
to demand justice Of the British Govern
mcnt before we answered her demand o.
US: and accordingly regard the acquies
cence in the demand for release, withou
making a demand of redress on our part
as settlingall questions connected with tn
transaction. Thus regarding it. | mas
say that, though am ready to concede t
Mr.. We5ster's letter in reply to Mr.. Fo
all the excellencies which his friends clain
for it, the feeling that it was on. Of pIac
destroyed all its beauties in my eyes. 1t
lofty sentiments aud strong condemnatio
of the act would have shown t0advantag
in letter claiming redress or our part
before yielding to peremptoty demand
but, afterwards, it looked TOO much llk
| putting on airs when it was too late, al
ter having male an apology, and virtual!
conceded the point at issue. In truth. tn
letter indicates that Mr.. Webster was no
entirely satisfied with his ready compli
ance with Mr.. Fox's demand, of which
the part where he says he is not certain
q