The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-06-17
ls'ss sea.syss " DE foregoing is.rus


take Il for ersnsed that he main purpose Of
the instruction vas 20 cause il 10 &c sie-
ni6rdlo ihe Government nl the u. Safes
that The slisCk on the steamboat ..Caro
line" was an ael Of public force. done BY
the British colonial Authorities. and folly
recognised By the Queens Government
u hone. aud thaisconscquenlly no indi-
glsinal concerned in thar transaction can,
according TO The Just principle o. lie laws
Of nalions. be held personally arsuersble
in The ordinary courts Of Law - Tor mi
vale offence; aud thai upon This asossl
ofIier Msjesy's Gossramenl. Alexander
Mcleod. now Imprisoned on an indicl-
menl Tor murder slledged 10 haze besa
committed 10 that attack. ought 10 be
released BY such proceedings as are usual
and are suitable 70 The case.
The President adopts The conclusion
that nothing more Than Ibis could have
been intended 10 be expressed. from The
consideration that Her Msjesly's Govern
msnl must be fully aware thar 10 The
United States. IS in England. persons
confined under Judicial process can be
released from thai confinement only BY
Judicial process. In neither country, ss
the Undersigned snpposss, can The arm Of
The Executive power interfere. directly or
forcihly. 10 Ielrase or deliver The prisoner.
llis discharge must be sought in . man
ner conformsble 10 the principles Of law
and the proceedings Of courts Of judIcs-
inre. II sn indictment. like that which
has been found against Alex. McIseod.
and under circumstances like lhose which
belong TO his ease. were pending sgainsi
an individual In one Of the courts OF Eng.
land. there IL no doubt that The Law Off
Ger Of The Crown might enter noile pro
segi, or lha, The prisoner nigh, cause
himself 10 be brought up on habeaS eorpui
and discharged. ifhis ground Of discharge
should be sdjudged sufficient, or that b,
/. prove the same facts, and insist on the
same defence or exemption on his trial.
/ All these are legal modes Of proceed
! inc. well known 10 The laws and practice o
both countries. But The undersigned doe
. not suppose that, IL such case was 10 .
rise 10 England. the power Of The Exc
eutiye Government could be exeried il
, any more direct manner. Even in III,
: ease OF Ambassadors aud other publ,
1 Ministers, whose right 10 exemption from
I arrest is personal, requiring no fac, TO b
sscerisintd but The mere fac, Of diplomsi
! ic character. end 10 arrest whom Is some
I tines made highly penal offence. Il III
/ arrest be actually made, il must be dis
charged by application 10 The courts Q
] law.
: I, is understood that Alexander MrLs
lod is holden as we'll on civil as on Grim
inal process for scis slledged 10 have bee
Il done by him in the attack on the "Caro
line" aud his defence or ground Of az
e quiIal must be The same in both cases
. And this strongly illustrates, as the IN
dersigned conceHes, The Proprieiy Of III
foregoing observations; since il is quit
clear that the Executive Government car
not interfere To arrest civil suit beiwee
private parties in any stage Of its progress
but that sui, must 60 to its regular judici;
terminaiion: II, therefore, any cours
,f different from such a. have been now mer
toned was in contemplation Of Her Ma
j 'jesty's Government, something woul
seem TO have been expected lrnm the G'
,fl sernment Of the United States as littI
e conformabls TO the laws and usages Of tE
English Government as TO those of IN
\ United States, and To which this Govern
i, ment cannot accede.
The Government Of the United States
y therefore, acting upon the presumpllo
|, which il already adopted. that nothing eS
= uaordinsry or unususl was expected o
:. requested Of il, decided. on the reception
Of Mr.. Fox's note, TO take such measure
II as The OCCASION and its own duty appear
% ell To require.
,f In his note 10 Mr.. Fox Of The 26Ih o
e December last. Mr. Forsyth, the Secreta
e ~ Of State Of the United States, observes
j that iii the destruction OF the Caroline
). was public &c, Of persons in her Ma
c jesly's service, obeying The order Of lher
u superior authorities, this fact has not beef
!, before communicated to the Government
OF the United States by person authoriz
:. ed to make the admission; and il will b,
3 for the court which has taken cognizaRcv
e of the offence with which Mr. Mcleod j
e charged TO decide upon its validity whel
= legally established before it:" and adds
d The President deems this TO be pro
n per occasion to remind the government o
c Her Britannia Majesty tina, the case of,h,
!. caroline has been long since brought &
. the attention Of Her Majss,y's ptincipa
i Secretary Of Stale for Foreign Affairs
= who. up 10 this day. has not communicate
y It's decision ihereupnn. |, is hoped tha
!. The Goserpmeu,of Her Majesty will per
y ceive The Importance of no longer LEAVING
!. the Government Of the United States nn
9 informed Of its views and intentions up
/. on subjec, which has naturally produc
y ed much evaporation. and which has le'