Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-09-24

United States, with reference 10 this question, which
contained doctrines Just and consistent, with the laws
OF hatons and perfectly in accordance with the prln-
cipes upon which Her Majesty's government had de-
mandel the release and liberation of Mr.. Mcleod
Hear. Hear. The paragraph which he should read
from those instructions would, he believed answer
more than two OF the questions which had been put
10 him by the hon and learned member for Bath. for
II would show that Her Majesty's government had
uvowed ito responsibility for the attack made upon
The Caroline, and that the American government trea-
ted the affair as one 10 be dealt with between the two
governments and totally unconnected with the q,es-
lion affecting Mcleod. Hear hear This nsiruc.
ton, which dated the 10th of March in the present
year was from Mr.. Webster, the Secretary of State
10 VIZ Cnttenden, the Attorney General 1.-THE United
States, who was then about to proceed to New York
on the business Of the state. II reced in the first
place the grounds upon which Mr.. Mcleod had been
arrested, and zen proceeded to state:
Il have now to inform YOU that Mr.. Fox has ad-
dressed note 10 tins DEF ar,mcn,, under date of the
l2t INST, in which, under the immediate instruction
and DIR elton of his government, he demands, formal
y and officially Mr. Mcleods immediate release,
on the ground that the transaction, on account OF
which he has been arrested and is to be put upon his
tFioi, was of public character, planned and cxccu
eh ~ persons duly empowered by Her Maics'ys CO.
onla authorities to take any steps and TO do any acts
winch might be necessary for the defence of Her Ma
le.fys territories and for the protection of Her Ma
lesiys subjects, and that consequently those subjects
ot fier Majesty who engaged in that transaction were
performing an act OF public duty for which they can
laws and tribunals Of any foreign country and that
her MaIcsly's Government has further directed Mr.
OK to make known to the Government of the Uued
states, That Her MaJesly's Government entirely APP
proves of the course pursued by Mr.. Fox and the
language adopted by him in the correspondence above
mentioned" (Chcers)
Mr.. Webster then went on to say-"Therc is now,
therefore authentic declaration on the part of the
Brush government, that the attack on the Caroline
was an act of public force, done by military men I'M
or the orders Of their supeors, and is recognized
such by the Queens government The Importance
OF ms declaration is not to be doubted, aud the Pre-
sdeni 10 OF opinion that it calls upon him for the per-
torrance of high duty That all individual forming
part OF public force, and acting under authority OF
hs government is not to be held liable private
'rcspasscr or nhaleactor, is principle of public law,
sanctioned by the usages OF all civilized nations, and
which the government OF the United States has no
inclination TO dispute. This has connection what
ever with the question whether in this the attack
IN 'h- Caroline was IA the British government thuk
Jis'hioir employment ol force for the purpose OF
defending the British territory from uuprovoked at
'act, or whether 1t most unuatfable invasion,
IN time OF peace Of the territory OF the United States,
a ms government has regarded 1.-THE two ques-
IONS arc essentially dlicteRt, and, while acknowed-
E!hg That an individual may clam immunity from the
consequences OF acts done by him, by showing that
he acted under national authority, this government
Is not to be understood changing the opinions
whch has heretofore expressed III regard to the real
nature OF the transaction which resulted in the dos-
lrictIon of the Caroline That subject is
saty Tor any purpose CONNECTED with the conIIuunica-
| ton to discuss.
"Ai that is intended to be said at present is, that
snce the attack on the Caroline ia avowcd as ua-
tI'hal act Witch may justly rEprSas or even general
war II the government Of the United States in the
u igment which It shall form OF the transactions and
OF us own duty should see IL to decide yet II rails
ct question entirely public and poica-a question
between independent n1ilons, and that individuals
roIteihtd IN II cannot he arrested and tired
| before the ordinary tribunals as for the violation
th.n ,1tt,.
we're unuSl!iiate, us thu. government has asserted.
tn" la" wlth has been violated Is the aw of nations
ihi ne redress winch IS to be sought is the redress
a orSed IN such eases by the provisions of that code
on are well aware that the President has no power
L" arrest the proceedings in the civil and criminal
| courts Of The state of New York. If this indictment
were penilna IN one of the courts of the United
tttcs, | AN directed to saw that the President upon
tr receipt OF VII. Fox last Cnmnunl alton would
hay, imncdnclv dir ctcd noie prOs,gui TO be en-.
tered. loud checrs)
Now tsa!i Lord Pa!mcrston) nothing could be
| more honorable to the Government Of the United
IieI or more satisfactory 10 that OF th, country
'hIn TINS declaration of pIIucIpl,. CE-Crs)
| re though he had answered all the questions put
10 hun by the hon. and learned member for Bath
except onc-namr!y, whether lhc United States had
mate demand upon THIS country tor Injuries done Ia
ne United States at large and not for the State OF
New, ork especially. Unque-'lonabiy the first de.
'hahd mad been made on that ground, and in the
course Of last session he Uod Pamcrston) had stu.
I -
impossible TINT III. United States could turn round and
say It MAS question between Grrat Britain and one
Sta'c only tear hcar The constitution Of the United
states placed all these matters in the hands of the
lc"erhhic Government and the tenth section Of the
frSt article Of the constitution provided hat "Nu
She shall enter INTO any treaty, alliance conrd-
rfao'l or grant letters Of narquc ana rrprlSal No
State shall, without consent OF Congress, law any
duty OF tonnage, keep troops or ships of in time
| on peace, enter INTO any agreement with another
STATE or wiih foreign power, or engage in war, un-
Tess actually invaded, IN such imncnt danger as
VIII not admit of delay Ni"ar hcar) Therefore
II was perfectly true hat tbs question could no NOR,
be sad 10 be between Great Britain and the State OF
New York than III American had felt herself az.
ff"v"d hv Great Brl am It ca Id he snld the Que--
ton was between America and the 'n,y of Rutland
tbearD
But the Hon. and learned member for BAH had on
former evening suggested, that Her Maj sly Gov
eminent ought, in the outs", of this affair, to have
'ent out special envoy the authorizes in the Stat,
| o! New TX. Now, he Uord Palmer stony was OF
opinion that such proceeding would have amounted
10 uhcatlon or denial ON the part of Great Brit
!in OF III" fundamental principles of the constitution
| 'i the nil'd Suites, and that they would have
treated II as m aront upon the Federal Government
lti"nr, hcar) Therefore. il was not from any neg
lect on The part OF Her Malos,ys Government tina,
I'm, coliHr had not been tak,u-Un the contrary il
mad been avoided I of he respect they were bound
70 pay 10 the constitution al the United Staics.--
l'irar hcar) lie Q.ord P0lm-rs tom trusted he I'm
now gwen answers TO the questions put TO him. he
should he sorry 10 anticipate the course which the
Government of the United States might think proncr
10 follow, in order carry out the principles of in.
'cnional law aud he thought the Hon and learn
.d gentleman would be best answered if he U.ord
'alHer>tonl ahslalnCd from entering further into the
mattor-(Chccrs)