The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-06-22
CASE OF MCLEOD.


March IL, and contains substantially this:
The approval by the British Government
of the language and tenor of Mr.. Fox's for
mer letters TO Secretary Forsyth on this
question.
A demand, in the name of the British
Government, ofthe unconditional surrender
Of Mcleod, on the ground that the destruc-
ton Of the Caroline was an act of public
character, executed by persons under the
authority of the British Government, to
whom Mcleod was bound to yield obedl-
ence.
Mr.. Fox also indirectly justifes the de-
struction of the Caroline as an act of neces-
sary selfdefence declares it unjust to hold
Mcleod responsible for acts committed In
the exercise of his duty to his government;
argues that the General Government must
have the power 10 release him, as otherwise
Great Britain would be obliged to treat
New York as separate and distinct from the
Un;on-an independent state, with whom
she could make war or peace and con-
cludes by verring the belief of the British
Government that Mcleod was not in any
manner concerned in the destruction ofthe
Caroline.
Mr.. Webster replied on the Oath of April.
and declares that the President has not the
power to release Mcleod that even the
King of England could not release person
under the same circumstances in Great
Britain that the only modes of release are
such as the courts can render-by nolie pros
egu, or discharge after trial, on wit of
harbeas corpus that he is in the hands of the
Supreme Court of New York, & the British
Minister is informed that the Court may be
safely relied on for the just and impartial
administration Of the law in this case. As
to the point whether the assumption of the
destruction of the Caroline by the British
Government releases Mcleod from his per-
sonal responsibility to this Government, the
secretary says no doubt is entertained by
this government that it does. Mr.. Webster
then proceeds TO the Caroline case, & BY
the way gives the British Minister tremen-
dous diplomatic hit for calling the "Patriots"
pirates, by reminding him that for the great
er part of the last two centuries, British SUBJ
jects have been permitted to engage in the
civil wars of other countrles-yea, the gov
eminent itself had so engaged--but never
had England regarded her subjects, thus
engaged, as pirates. Mr.. Webster declares
that the American Government was fore
most in acknowledging, and has always
strictly regarded, the Obligations ofneutrali'
ty, and that in this respect no ground for
just complaint has been given to Great Brit
ain. The reply concludes as follows, in
which is shown what Great Britain must
do, (and that she cannot do) before she can
Justify the destruction of the Caroline.
Under these circumstances, and under
those Immediately connected with The trans.
action itself, it will be for Her Majesty's
Gov eminent to show upon what rules of
national law the destruction of the "Caro.
line" is to be defended. 1t will be for that
Government to show necessity of self de-
fence, instant, overwhelming, leaving no
choice of means and no moment for deliber.
alton. 1t will be for it to show, also, that
the local Govt authorized them to enter the
territories ofthe United States at ALL did moth
ing unreasonable or excessive: since the
act, justified by the necessity of selfdefence,
must be limited by that necessity, and kept
Gle arly within it.
1t must be shown that admoniton or remon-
STRANGE to the persons on board the "Caroline"
was impfacticable or would have been unavail-
ing: it must be shown that daylight could not
be waited for that there could be nc attempt
at discrimination between the innocent and the
guilty that it would not have been enough to
seize and detain the vessel !; but that there was
necessity, present and inevitable for attack
ing her, in the darkness of the night, while
moored to the shore. and while unarmed men
were asleep on board, killing some and woun-
ding others, and then drawing her into the
current, above the cataract, setting her on FIRE,
and careless 10 know whether there might be in
her the innocent with the guilty, or the living
with the dead, committing her to fate which
fills the imagination with horror. A necessity
for all this the Government of the United States
cannot believe to have existed.
All will see that if such things be allowed
10 occur, they might lead to bloody and exas-
perated war; and when an individual comes
into the United States from Canada, and to the
very place on which this drama was performed
and there chooses to make public and vain
glorious boasts of the part he acted in il, it is
hardly wonderful that great excitement should
be created, and some degree of commotion q.
rise.
This republic does not wish to disturb the
OF the world. Its object is peace,
its policy peace. 1t seeks no aggrandizement
by foreign conquest, because it knows that no
foreign acquisition coull augment its power
and importance so rapidly as they are already
advancing by its own natural growth under the
circumstances of its station. But 1t
cannot admit that its Government has not both
the will and the power to preserve its own neu'
trality, and to enforce the observance of its
own citizens.
IL L. ionlo,c of lie rinhts and ar,aann atharc