The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-05

must be the same in both cases AMI this strongly
illustrates as the undersigned conceves The propre
Of ,he foregoing observations since il is quite clear
that the Executive Government cannot interfere 10
arrest acvil suit between private parties in any stage
OF It's progress but that snch 90 regular
judicial termination. IT, therefore, any course different
from such as have been now mentioned was in con-
temptation OF Her Majesty's Government something
would seem 10 have been expected from the Govern
ment Of the United States as little conformabe TO the
laws and usages Of the English Government as to
those OF the United States, and to which this Govern
ment cannot accede.
The Government of the United States therefore,
acting upon the presumption which already adopted
that nothing extraordinary unusual was expected
or requested of it, decided the reception Of Mr..
Foxs note, 10 take such measures as the occasion
and its own duty appeared 10 require.
In his note 10 Mr.. Fox Of the Goth of December
last, MIR. FoRsYTH the Secretary Of State Of the Init
ed States, observes, that IF The destruction OF the
Caroline was public act Of persons in her Males
tys service obeying the order Of their superior
.horliies this fact has been before communicated
70 the Government ofthe United States by person
authorized to make the admission and il will he for
the court which has taken cognizance of the offence
with which MI. Mcleod is charged 10 decide upon
its validity when legally established before it " and
adds /" The President deems this TO be proper
cason 10 remind the Government Of Her Britannia
Majesty that the case of the Caroline has been long
since brought 10 the attention of her Majesys prnci
pal Secretary OF State forForegn Affairs who, up
10 this day. has mol communicated his decision there
upou Its hoped that the Government of Her Ma
esty Wi perceive the importance of no longer leaving
the Government of The United States uniformed of
its views and intentions upon a subjects which has
naturally produced much exasperaton and which has
| led TO such grave consequences.
The communication Of the fact that the destruction
of the Caroline was act Of public force by the
British authorities being formally made to the Go
yernment Of the United States by Mr. Fox's note,
the case assumes decided aspect
The Government Of the United States entertains no
doubt that after this avowal of the transaction a
public transaction authorized and undertaken by the
Britih authorities individuals concerned in it ought
not by the principles of public law and the general
usage Of civilized States TO be holden personally
spon.lble in the ordinary tribunals of law for their
participation it. And the President presumes that
il can hardly be necessary TO say that the American
People dstrusttu OF their ability TO redress pub
lie wrongs by public means, cannot desire the punish
ment Of individuals when the act complained of is de-
clareJ to have been act of the Government itself
Soon after the date of Mr.. Fox's note, instruc-
ton given TO the Attorney General of the United
States from this Department by direction Of the Pres
dent which fully sets forth the opinions of this Go
vernment on the subject Of Mr. McLeod's imprison-
ment, copy Of which instruction the unde signed has
the honor herewith to enclose.
| The Indictment against Mcleod is pending in a
| State court; but his rights whatever they may be,
no less safe, it is to be presumed than if he
| vernment.
| He demands immunity from personal responsibility
by virtue Of the law of nations, and that law in cvl
lIzed States is to be respected in all None
either so high low to escape from its authori
ty in cases to which its rules and principles apply.
| This Department has been regularly informed, by
| his oxcellency the Governor Of the State Of New
| York, that the Chief Justice Of that State
signed TO preside at the hearing and trial Of McLeods
case, but that, owing to mistake in the
process Of summoning the jury, the hearing was ne
| cessariy deferred
| The President regrets this occurrence, as he has
desire for speedy disposition of the subject. The
| counsel for Mcleod have requested authentic evil
dence of the avowal by the British Government ofthe
attack on, and destruction of the Caroline, acts
done under its authority, and such evidence will be
| furnished to them ty this Department.
1t is understood that the indictment has been
moved into the Supreme Court of the State by the
proper proceeding for that purpose, and that il is
competent for Mcleod by the ordinary process of
habeas corpus, 10 bring his case for hearing before
| that tribunal.
| The undersigned hardly needs TO MI Fox
that tribunal emnenlly 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 nleIsgned repeats the
preston of the desire of this Government that de-
lay may be suffered to take place in these proceedings
which can be avoided. OF this desire, Mr. Fox will
see evidence in the instructions above referred to-
The undersigned has now to signify to Mr.. Fox
that the Government of the United States has not
changed the opinion which has heretofore expressed
to Her Maesiy's Government of the character of the
act Of destroying the " Caroline"
Ii does moi think that the transaction be usti-
fled by any reasonable application construction of
the right of selldeence, under the laws of nations
Ii is admitted that just right of scdefence attaches
always to nations as well as to individuals and is
equally necessary for the preservation of both But
the extent of this right is question to be judged of
by the circumstances of each particular case; and
when its alleged exercise has led TO the commission of
hostile within the territory of Power at peace,
| ,1.n ,tt,tn
afford ground of justification. Not having, upto this
time been made acquainted with the views and Iea-
sons at length, which have led Her Mojcsty's Go.
ycrnmcnt TO think the destruction of the Caroline
justfabe as act of setdcience, the undersigned,
earnestly renewing the remonstrance of this Govern
ment against the transaction, abstans, for the pre-
sent from any extended discussion of the question:
But it is deemed proper, nevertheless, not TO omit to
take some notice of the general grounds OF ustiica-
ton stated by her Majestys Government in their in
structions to Mr. Fox
| Her Majcsty's Government have instructed Mr..
Fox TO say that they of opinion that the transac
ton which terminated IN the destruction OF the Ca
roline a justhabe employment OF force, for the
purpose of defending the British territory from the
provoked attack OF a band of British rebels and Anne
rican pirates, who, having been permitted to arm
and organize themselves within the territory of the
United States had actually invaded portion of the
territory of her Majesty.
The President cannot suppose that her MaJestys
Government by the of these terms, meant to be
understood as intimang that those acts, violating the
laws Of the United States, and disturbing the peace
of the British territories, done under any degree
| Of countennnce from this Government
garded by il with Indifference; that, under the cir
cumstanccs of the case they could have been pre-
vented by the ordinary course of proceeding. Al
though he regrets that, by using the term per-
mtcd,"a possible inference of that kind might be
raised, yet such inference the President is willing
10 believe, would be quite unjust to the intentions Of
the British Government.
That line of frontier such separates the
United States from Her Britannia Maiesty's North
American Provnces-a line long enough TO divide
the whole Of Europe into halves-irregularities, yio