Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-07-08

GU Ny dpPIicdtlOn 10 the courts OF law.
It's understood that Alex. Mcleod is hol.
den as well on civil as on criminal process
for acts alleged to have been done by him in
the attack on the "Caroline," and his defence
or ground of acquitla must be the same In
both cases. And this strongly illustrates, as
the undersigned conceives, the propriety of
the foregoing observations; since it is quite
| clear that the Executive Government cannot
interfere TO arrest civil suit between private
parties in any stage of its progress, but that
such sui. must 60 on to its regular judicial
termination. II, therefore, any course differ
ent from such as have been now mentioned
! was In contemplation of Her Majesty's Gov
eminent, something would seem to have boon
expected from the Government Of tho u. S:
as little conformable to the laws and usages
Of the English Government as to those ofihe
u. s., and to which this Government cannot
accede.
The Government Of the u. S., therefore;
acting upon the presumption which it alrea-
dy adopted, that nothing extraordinary or un:
usual was expected or requested of it, decid-
ed, On the reception of Mr.. Fox's note, to take
such measures as the occasion and it's own
duty appeared to require.
In his note to MIR. Fox of the Goth of De-
cember last, Mr.. FoRsYTM, the Secretary of
State of the u. s., observes, that elf the de-
struction of the Caroline was public act of
persons in her Maiesty's service, obeying tho
orders of their superior authorities, this fact
has not been before communicated to the
Governmcn, of the u. S. by person author
lied TO make the admission; and il will DO
Tor the Court which has taken cogniZance OF
the offence with which Mr.. Mcleod is char
gec to decide upon its validity when legally
established before it," and adds, 1.-The Pres
ldent deems this TO be proper occasion to re-
mind the Government of Her Britannic Ma
jesty that the case of the Caroline has been
long since brought to the attention of Her Ma
jesty's principal Secretary of State for For
eign AFFAIRS, who up to this day, has not
communicated its decision thereupon. 1t is
hoped that the Government of Her Majesty
will perceive the importance of no longer lea
wing the Government &C the u. S. nninform-
ed oiits views and intentions upon a subject
which has naturally produced much exaspe-
ration and which has led to such grave con-
sequences"
The communication of the fact that the do
struction of the "Caroline" was an act of
public force by the British authorities being
formally communicated to the Government Of
the u. 5. by MIR. Fox's note, the case as-
sumes decided aspect.
The Government Of the U. S. entertains no
doubt that, after this avowal of the transac-
undertaken by the British authorities. indivi-
duals concernedin it ought not, by the prin.
ciples of public law and the general usage of
civilized States, to be holden personally res-
ponsible in the ordinary tribunals Of law for
their participation in it, And the President
presumes that ii can hardly be necessary to
say that tho American People, not distrusful
OF their ability to redress public wrongs by
public means, cannot desire the punishment
of individuals when the act complained of is
declared to have been an act Of the Govern
ment itself.
Soon after the date of Mr.. Fox's note, an
instruction was given to the Attorney Gener-
al of the U. S. from this Department., by, di-
rection of the President, which fully sets
forth the opinions OF this Government on the
subject Of Mr.. McLeod's imprisonment, a CO.
py Of which instruction the undersigned has
the honor herewith to enclose.
Theindictment against Mcleod is pending
in State court; but his rights, whatever
they may be, are no less safe, it is to be pre-
sumed, than if he were holden to answer in
one OF the courts ofthis Government.
He demands immunity from personal res
possibility by virtue of the law of nations,
and that law, in civilized States, is to be res
pected in all courts. None is either so high
or 80 low as to escape from its authority in
ply.
This Department has been regularly in
formed by his excellency the Governor Of the
State of ~. York, that the Chief Justice Of
that State was assigned TO preside at the hear
ing and trial Of McLeod's case, but that, ow-
ing to some error or mistake In the process of
summoning the jury, the hearing was neces-
ssriiy deferred.
| The President regrets this occurrence, as
he has desire for speedy disposition of the
subject. The counsel for Mcleod have re-
quesied Authentic evidence Of the avowal by
the British Government Of the attack on, ard
destruction Of the "Carolne," as acts done
under its authority, and such evidence will be
furnished to them by this Department
1t is understood that the Indictment has
been removed into the Supreme Court of the
State by the proper proceeding for that pur-
pose, and that it is now competent for Nc
Leod, ny the ordinary process Of hobeas cor
: ptts, to bring his case for hearing before that
| tribunal.
The undersigned needs hardly TO assure
Mr.. Fox that tribunal so eminently distin
gusbed for ability and learning as the Su
preme Court of the State of n. y ork may b,
safely relied upon for a just and impartial ad
E ministration of the law in This as well as II
other cases; and the undersigned repeats th
expression OF the desire OF this Government
that no delay may be suffered 10 take plao
f in these proceedings which can be avoided
/ OF this desire, MIR. OK will sec evidence i
the instructions above referred TO.
: The undersigned has now 90 signify
MIR. Fox that the Government of tho u. s
:, has not changed the opinion which il ba
b heretofore expressed TO Her Msjesty's Cos
eminent Of the character Of the act of destroy
n ing the Caroline"
p II does not think that the transaction CO
81 be justified by any reasonable application {
re- construction Of the richt Of self-dsfence, or