Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-19

n opinion 50 strongly. Il was then a judiea que
&c ton pending, and eventually TO be decided by a
as highest court in the State Of New York; a tribun
ed which, On all hands, and by MIR. Webster himse
- admitted TO be eminently entitled To eonhdenc
p Suppose IL should happen (as will happes if m
OF humble judgment of the law should prove correct
~ that The Supreme Court Of the State OF New YoI
" AMI the Secretary OF State OF the United Stat,
OF should diier IN opinion 10 the legal questio
Suppose an appeal should then be taken IFS such
appeal may be tabenl to the Supreme Court Of tt
he United States, and should there be decided.
teel great confidence that il would BE- against th
n opinion of the Secretary OF State, what would /
u The condition of this Government
" The judicial authority will be one side of III
&c question, and the Executive Government on IN
other. whit the Judiciary decide that McI.eo
e Is responsible in the criminal courts OF Ne,
: York. the Secretary decides that he is not BY pre-
Judging this pending judicial question the SecTotar
i mas placed himself IN an awkward dilemma, should
Q the Supreme Court OF New York determine tina
Il recognition and justification by the British Govern
mcnt OF the capture Of the Caroline does not rcleas
Mcleod from personal responsibility. In common
prudence, therefore, Mr. Webster OUGHT to hny,
, expressed no decided opinion on this delicate ques
ton; but left 1t TO the Judiciary, as Van Buren,,
administration had done.
, But the Secretary of State thought otherwise
The mperIous tone OF MIR. FoN's letter does no,
seem to have produced any effect on his mind
Three short days after its date, on the 18Th
March, ISL, he issues his instructions to the At.
toIhey Deneral. These Instructions are the real
substantial answer 10 MIR. FoN's letter, and have
proved entirely satisfactory TO the British Gov
eminent, as they could not have failed to do. The
letter woI,cn by Mr.. Webster on the sIth OF the
succeeding April will disturb that Govern
ment. Long before It was written the Secretary
had granted them every thing which they could
have desired.
He at once, by these Instructions abandoned the
position so ably maintained by MIR. Van Buren's
administration. that Mcleod would still be respon-
slbiie, individually, notwithstanding the British
Government might recognise the destruction of the
Caroline. In condemninz this position, he uses
terms almost as strong Mr.. Fox had done in de-
nouncing it. He says, 'that an individual forming
part OF public force and acting under the author
| ity Of his Government IS not TO be held answer
able as private irsspasser or ma,eactor, is prin
clple OF public law sanctioned by the usases of all
| civilized nations, and which the Government of the
United States has no inclination to dispute"
! As actions speak louder than words, what did Mr.
Webster DO with this threatening letter staring HIM in
| the facet With merry expedition he has his Attorney
General on the way TO Lockpor,; and cannot tut
think, from my personal know ledge OF that officer,
| ihat the mission on which he employed could
not have been very agreeable to him. He informs
the British Government At once, for ought never
10 forget that the letter 10 MIR Crenden is, in sub
stance, the SecTeary's answer TO Mr. Fox that if
were IN the Presidents power 10 enter a nos prose
qgi against Mcleod, II should be done without mo-
/ mepts delay. ali this Indictment" says he, "were
pending IN OF the Courts Of the United States
directed to say that the President, upon the re-
celpt OF MIR EoX'S last COMMIT nIcaton, would have
Immediately directed Mole pT0scqUi to be entered"
BG; TINS was not IN MIR we5SleI's power, the
Governor OF New York was IN the next place TO he
assar'e3, 10 orteT 10 accomplish the same purpose.
I Mr. CCiIcnGcn was informed that ne would "be fur
a.ssci with copy Of this instruction. for the use of
. The Executive OF New York and the Attorney Ge-
ncra OF lh,t State" "Wheiher," saws the Secre-
tary, this case, 'Ihc Governor OF New York have
TIA, power, or Il lie have, whether he would feel Il
hs duty 70 exercise IT, are points upon which we are
not informed"
But the Governor Of New York proved to be
very resiIve subject. lie felt no inclination what
ever 10 eu;e. Hogs prOssqG against Mcleod.
/ have seen somewhere, 4 correspondence between
that oihcer and the PRECEDENT, but cannot now find
It. The tone Of this correspondence on the par; Of
the Governor evIncsi spirit OF determined resist
ance 20 the suggestion of the Secrenry. The Go.
vernon complained that the District Attorney.of the
United States was acting as the counsel OF Mcleod.
This, however, according to the explanation of the
President happened 10y mere accident; the attorney
having been retained as counse, some time before
his appointment. The correspondence at all events
IS sufficient 10 show that Governor Seward did not
participate in the views and feelings OF the Secrela
/ ~ OF State towards Mcleod, and we know that he
| did not approve OF entering nogs p'oSsqm IN his
case.
| But the Attorney General of the United States
was armed with instructions from the Secretary of
| State 10 meet every contingency. Ii Mcleod could
not be discharged by noe pr0Ssgui; II he must be
/ tried, then Mr. Cuttenden TO consult with Me
LeOl GOlnSe. anu tGgriSn them the evidence mate
rial 10 his defence, ami he was "to see that he
nave skItu. and eminent counsel, IT such be not i
ready retained" IL IS no wonder that i; appeared
very strange TO Governor Seward TO fed the autho
rites OF the United States thus actively and ar
4 dsnvy engaged in defending Mcleod, whilst the
authorities OF New York were enlisted with equal
VgoT in his prosecution.
The defence OF this man, who had no claim to
peculiar favor, except what arose from an earnest
desire 10 please aad satisfy the British Government
became the object Of the Secrstary's peculiar soil
ci,ute, and this, too, IN the face OF plain pa pabe
menace from that Government.
| The next thing might hear would be bill
of cos; and counss fees against I is Government
for the defence Of Mcleod; u having been imposed
as duty on our Attorney Genera. 10 see that 'he
had ski,iul and eminent counsel"
Now, there are features in this transaction any
| thing but crcdAb.e 10 our national character. |
think that sufficient decision and frmness have 10,
been displayed by the American Secretary OF 5. ate.
IL viii ever prove miserable policy TO attempt TO
+ conciate the British Government by concess.on-
IL was the maxim OF Gen. Jackson that IN our 70.
reign relations we should ask only what was right
lnJ submit 10 nothing that was wrong; and, in nv
Judgment the observance OF that maxim Is the very
best mode OF preserving peace. When a nation
submits 10 one aggression another will soon fo, loIy
IL IS with nations as II IS with Individuals. Manly
uut prompt resistance will secure you from a rcpe,i.
lion OF insult. II you yield once, you will be ex-
pec,cd 10 yield again, and then again, till at length
there Is no end 10 submission. do not pretend that
Mr.. Webster has done wrong intentionally; all
mean 10 say IS, that, IN my Judgment he has not
IN this instance, displayed 4 proper and becoming
iHTfeHn spirit. Il he had waited little longer be-
fore he prepared his instructions to the Attorney Ge.
nera If he had lken time for reflection before he
despatched that officer crusadng TO New York his
conduct would probably have been different, Ac
cori!ng TO the practice Of diplomacy COPY oCthesc
o instructions was doubtless az prCc sent to Mr. Fox
Il Is certain that they were known to the Bn,isb
Government before the 9Th Of May because on
that day they were referred to by Lord John Rus.
sell on the floor Of the House OF Commons as a
document In possession Of the British Cabinet.
III shall now offer a few remarks on the question
OF public law involved in this case, and then clos.
what have 10 say. ] sincerely believe the Admin.
istraton OF Mr.. Van Buren, was perfectly c,-rsr,
on this doctrine, az laid down by Mr.. Forsyth n
nj had found any authority TO induce me 10 cn,er
tain doubt on that pOn, would refer to Il most
freely. now undertake 70 say that the only cir
D cImstancs VIII has produced confusion and goYb,
10 the minds OF wCII.IniOuned men on this suhiac,
~ that they DO not make tie proper distinction he
tween state Of national war and national pe,r.
li1 mt on be az war, the command Of the
power 10 invade the territory Of It's enemy. and do
, battle there against any hos lie force always iusti
| ii,T the troops thus engaged
ri When any Of the invaders are seized they mr.,
considered as prisoners of war, and as having don,
nothing but What the laws of war justified them In
, doing. In such case they can never be held Ia
answer crmntl'y, IN the courts NJ the invaded coun
a icy. That is clear. The invasion Of an ensnv,.
. territory Is Of the rights Of war, and in nIl n,
Irgr tFyfr pueFfffrpaa1 d. & l.