Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-08
Copy " Instructions 20 Mr. Criiisnden, enclosed in
Mr.. Websier's reply TO Mr.. For
DEPARTMENT % STATE
wAsnIseros, MARou Is

wAsnrsoros, MARom ID, IsiI.
STA: Alexander Mcleod. a Canadian suffice,
OF Her Britannia Majesty. is imprisoned a,
Lockport, in the State OF New York. under AN IN
d'ctment for murder, alleged to have been commit
ted by hin IN tho attack IN and destruction OF the
Steamboat Caroline at Sehlooscr, in TINT State, on
the night OF the 29th Of December, 1887; ard his
trail is expected TO take place at Lockport on the
2li instant.
You apprzed OF the correspondence which
took place between Mr.. Forsyth, late Secretnry of
State, and Mr.. Fox, Her Britannia Maiesty's Mi
MISTER here, on this subject, in December last
Ia his note To- MIR. Fox of tho 26,h Of that month
Mr.. Forsyth says: "if the destruction of the Caro-,
ne was public act OF persons in Her Maiesty's
service, obeying the order Of their superior tho-
irS this TACT has not been before comm unicacd TO
the Government OF the United States by person
authorized To make the admission, ana will be for
the Court which has taken cognz lnco OF the offence
with which Mr.. Mcleod is charged to decide upon
ITS validity when legally established before it,
"rhe President deems this to be proper occa-
tion To remind the Government of Her Britannia
Majesty that the case OF the Caroline has been long
t'oce brought TO the attention of Her Majesty's
principle Secretary of State for Foreign Affairs.
Who, up tn this day, has not communicated its dc.
cison theroupon. is hoped that the Government
ol Her Majesty will perceive the Importance Of
no longer leaving the Government ofthe United
States uniformed Of its views and intentions upon
subject which has mutually produced much cxispe-
ioh, and which has led TO such grave conso-
qucnces-"
have now to Inform you that MIR Fox has nd
dressed note TO this Department under date of the
l2th instant IN which, under the immediate ins,ruc-
ton and direction Of his Government he demands
formally and officially, McLeod's immediate release,
On the ground that the transaction, on account OF
whicn he has been arrested and is to be put upon
ms trial. was OF public character, planned md exc
ruicd 10y the persons duly empowered 10y Her Ma
Jestys colonial authorities 10 take any steps and do
any acts which might be necessary for the defence
"i Tier Maesty's territories, and for the protection
q: Tier MaJes;y's subjects; and that consequently
those subjects Of Her Majesty who engaged i'm thot
Transaction were performing an act of public d.ty
for which they cannot be made personally aud ind.
Ndully answerablc TO the laws and tribunals of any
iorosn country; and that Her Maiesty,s Cavern
nent has further directed Mr. Fox TO make known
tn the Government of the United States that Her
Mnicsty's Government entirely approve of the
course pursued 10y Mr. Fox, and tho language
adopted 10y him IN the correspondence above men
toned.
There -, therefore, now, an authentic decInrntio
on the part of the British Government that the .t
Tack on the Caroline an act of public f,rce
done hy military men, under the orders of their SUI
leroTs, and IS recognised such by the q uccn,s
Government. The importance of this declars,ion il
not To hc doubted, and the President is OF oninon
that II calls upon him for the performance of high
duty. That an individual forming part of n pubIc
force and acting under the authority ofhis Govern
men. Is not to be held answerable, us a private |
tre'paSser or maicactor, is principle of public |
law, sanctioned Ivy the usaces Of all civilized ma !
tons, and which the Government Of the u. States
has no inclination TO dispute. This has no coancx- |
ION whatever with the question whether in This |
use, the attack the Caroline was Ms the British
Government think IT, Justfable employment of
ibrce Tor tile purpose OF defending the British terri
tory from unprorokcd attack, whether il Was n |
most unjustihable invasion in time of pesc. of tbc
territory oil the United States, rs this Government
ms regarded II. The two questions are essentially
different; and, while acknow ledg ng that An ndiyi
hual may claim immunity from the consequence. of
acts done by HIM, by showing that he acted under
national authority, this Government is not 10 be
understood as changing the opinions which il ha.
heretofore expressed IN regard the real nature of
the transaction which resulted in the destruction of
Tue caroline That subject 1t Is not necessary for
any purpose connected with this communication to
discuss The views OF this Government in relation
TO It are known 10 that OF England; and We nre
expecting the answer Of that Government 10 the
communication which has been made TO il.
All that is intended 10 be said, present. is that
since the attack on the Caroline is ayowcd ms n M,
u"nai act which may justify reprsas, or even gen.
ernl war, u the Government of the United States
III the Judgment which II shall form of the trans,c
ton, and OF its own duty, should sec fit so 10 decide
yet That II raises question entirely public and po
ideal question between Independent nations and
that individuals concerned in II cannot be arrested
md tried before the ordinary tribunals as for the
violation OF municipal aw. IL the attack on the
Caroline was unjustIliabe us this Government has
al nations and the redress which is to Le sought is
the redress authorized in such cases by the proyi
SONS ofthat code.
You are well aware that the President has no
power 10 arrest the proceeding in the civil and Grim
NAL courts of the State of New York n this in
dictment pending IN one of the courts of the
uHited States, am directed say that the Presi-
dent, upon the receipt Of Mr. Fox's last communi-
citon, would have immediately directed n nellie pro.
StIHi TO hc entered.
in I,iS III 4 81 ..
have that power, or, il lie have, whether he would
feel II his duty TO exercise IT, are points upon which
we not informed
Ii is understood that Mcleod is holden also on
oivil process sued out against him by the owner o.
the Caroline. We suppose 1t very clear that the
Executive oi the State cannot interfere with such
process; and, indeed, II such process were pending
~ the courts Of the United States the Pres den,
could not arrest IT, In such and many analogous
cases, the party prosecuted or sued must avail him
self Of hrs exemption defence by judicial proceed
ings, either ia the court TO which he is called or i'm
some other court. But whether the process be
criminal or CIVIL the fact of having acted under pub
Ice authority, and IN obedience TO the orders of law
iIl Supporters, must be regarded a valid defence
otherwise individuals would be holden responsible
Ter injuries resulting from the acts Of Government
aud even from the operations Of public war.
gu will he furnished with copy Of this instruc
ton for the use Of the Executive Of New York and
the Attorney General Of that State. You will car
~ with you, also, authentic evidence Of the rccog-
milton by the BRUSH Government OF the destruction
Oi The Caroline act of public force done by
national authority.
The President is impressed with the propriety of
transferring the trial from the Of the principal
excitement to some other and distant county. You
will take care that this he suggested TO the prisoners
counsel. The President is gratifed To learn that
ihc Governor Of New York has alrcady directed
that the trial take place before the Chief Justice OF
the Safe.
Having consulted with the Governor, you will
proceed To Lockpor, or wherever else the trial may
We holden, nnd furnish the prisoners counsel with
the evidence OF which you will be in possession ma.
icfIJl 10 his defence You will sec that he have skill
iul and eminent COUNSEL II such be not already re-
iIned; and although you are not desired 10 act as
counsel yourself you will Cause II to he sgnifed 10
him, and To the gentleman who may conduct his dc.
fence, that Il is the wish Of this Government that in
case his defence be ovcr-ruIed by the court in which
hc shall be tired, proper steps he taken Immediately
tor removing the cause, 10y writ Of error to the Su
preme Court ut the Unitcd Ststas.
The President hopes you will use such despatch
a to make your arrival at the place Of TRIAL sure he.
i"rc the trial comes on; and he trusts you will keep
Inn informed Of Whatever occurs by means of n
correspondence through this Department.
have the honor 10 DO, Mr. Attorney General,
your OJoJicnt servant,
DANIEL WEBSTER.
Ion. JoHN }. CRirTEEDEF,
.HiOTnsy Gsn,Tai of tie United States.
From tie NorjoH Beacon, June 3.
a htc broke out yesterday in tho third story Of
IL A 4 4