The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-06-17

the redress authorized IN sieh cases BY Tue pro-
visions Of that code.
You are we'll aware that the President has 90
mower to arrest tho proceeding IN the eivIi and
criminal courts of the State of Now y orb. II
this Indictment were pending IN ono OF The courts
ofthe United States, am directed 10 say thai the
President, upon the receipt Of Mr.. Foxs las,
communication, would have immediately direct
ed q aolis prossqai 10 be entered
Whether, ia this case, the Governor Of New
York have that power, or, il he have, whether
he would feel Il his duty TO exercise it, are points
u,an which we are not informed.
II is understood that Mcleod is holden also
on civil process. sued out against him BY the
owner OF the Caroline. We suppose il very
clear that the Executive Of tho State cannot ia.
tarGere with such process and indeed, Al snch
process were pending the courts Of the United
States, tie President could not arrest Il. In
such and many analogous cases the party prose
euied or sued must avail himself Of bis exemption
or defence by Judicial proceeds, either IN the
court into which he is called, OF in some other
court. But whether the process 10 criminal or
civil, tho fact Of having acted under public an.
thority, and in obedience to the orders Of lawful
saperiors, must be regarded as valid defence,
otherwise individuals would be holden RESPONSE.
mont, and even from the operations OF public war
You will be furnished with copy OF this M
structlun Tor the uso OF tho Executive Of New
York and the Attorney General Of that State
lou will carry with YOU, also. authentic evidence
Of the recognition by tie British Government
OF the destruction of the Caroline as an act 0!
public force done BY national authority.
The President is impressed with the propreiy
Of transferring the trial from the scene OF the
principal excitement 10 Soma other and distant
country. y Oh will take care that this be sug-
ges,ed 10 the prisoners counsel. The Presten!
is gratifed to learn that the Governor of New
York has already directed that the trial take
place before tile Chief Justice Of the Staio,
Having consulted with the Governor, you WI!
proceed 10 Lockport or wherever else the iTia
may be holden, aud furnish the prisoners coun
sci with the evidence Of which You gill be 90
possession material 10 his defence. You viii SCI
that he hsYe sklfai sod eminent counsel, II saci
BE- not already retained and, sItbcueh you ART Ho
desired 10 &C, as counsel Yourself, yos will caus'
i, to be sisnilied 10 him, and to ths gentleman
who may oonduc, his defence, that Il Is the wIsl
Of this Government that, ~ ease bis defence h
oycrrl.od Is the ccart IN which he sbsli be tried
proper steps be taken Immediately for refuosiuI
she cause, ny VIII 81 error, 10 toe supreme Corr
Of the nited States.
The President hopes You will Use such dispa'el
as TO make your ARRIVAL al the place Of fial sur
bciose tho uiai comes on and hr trusts you wil
keep ban iuietaicd Of whatever occurs b. mean
u correspondence through this Department
| have the honor 10 be. Mr., Attorney General
your oledgcni servant
DANIEL WEBSTER.
Hon. JahN J. CHlrrLNDsN,
4iIerasg General Of ne United siaits