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

be Judged Of by the circumstances of each par
ticular case; and when its alleged exercise
has led to the commission of hostile acts
within the territory Of Power at peace, moth
ing less than clear and absolute necessity
can afford ground Of Justification. Not hav-
ing, up to this time, been made acquainted
with tho views and reasons, at length, which
have led Her Majes,y's Government. TO think
the destruction OF the "Caroline" justifable
as an act of selt.dofence, the undersigned,
earnestly renewing the remonstrance OF this
Government against the transaction, abstains,
for the present, from any extended dis, ussion
Of the question. But it is deemed proper,
nevertheless, not to omit to take some notice
of the general grounds of justification stated
by Her Majesty's Government in their in
siruction to Mr. Fox.
Her Majcsty's Government have instruct
ed MIR. Fox TO say that they are of opinion
that the transaction which terminated in the
destruction Of the Caroline was a justiiiable
employment Of force, for the purpose OF de-
Tending the British territory from the unpro-
voked attack of band of British rebels and
American pirates, who, having been ''permit-
ted'' to arm and organize themselves within
the territory ofthe United States, had actual
ly invaded a portion of the territory OF Her
Majesty.
The President cannot suppose that Her
Maiesty's Government, by the use of these
s,rlns, meant to be understood as mtim; ii ig
that those acts, violating the laws of the U. s.,
and disturbing the peace OF the British terri
tories, were done under any degree OF counte-
nance from this Government, or were regard
ed by it with Indifference; or that under the
circumstances of the case, they could have
been prevented by the ordinary course of pro-
cccding. Although he regrets that, by using
the term ''permitted," apostolic Inference OF
that kind might be raised, yet such an infer
cnce, the President is willing to believe,
would be quite unjust to the intentions Of the
British Government.
That on line OF frontier such as separates
the u. S. from Her Britannia Malesty's
North American Provinces---a line long C.
nough to divide the whole Of Europe into
halves-irregularlties violence, and conflicts
should sometimes occur, equally against the
will of both Governments, is certainly easily
10 be supposed. This may bemorc possible,
perhaps, in regard to the U. s., without any
fcproach to their Government, since their III
situations entirely discourage the keeping up
of large standing armies in time OF peace,
and their situation happily exempts them from
the necessity of maintaining such expensive
and dangerous establishments. All that can
he expected from either Government i'll these
cases is good faith, sincere desire TO pre-
serve peace and dojustice, the use of all pro-
per means of prevention, and that if offences
cannot, nevertheless, be always prevented,
the offenders shall still be justly punished
In all these respects, this Government ac-
knowleJgcs no delinquency in the perform
ance of its duties.
Her MajeSty's Government are pleased, al
so, to speak of those American citizens who
took part with persons in Canada, engaged
in an instruction against the British Govern
ment, as "American pirates" The under
aligned does not allnit Of the proprie,y or JUS
tice of this designation. IL citizens CT the
U. S. fitted out, OF were engaged in fitting
out, military expedition from the u. :. in
tended to act against the British Government
in Canada, they were clearly violating the
laws of their country, and exposing them
selves to the just consequences which might
be inflicted on them if taken within the Brit.
ish dominiol.s. But notwithstanding this,
they were, certainly, not pirates, nor does the
undersigned think that it can advance the
purpose of fair and friendly discussion, or
hasten the accommodation of national Diff
cuities, so TO denominaie them. Their Of
fence, whatever it was, had noanalogy to ca
ses ofpiracy. Surprising all that is alleged
against them to be true, they were taking a
part in what they regarded as civil war,
aud they were taking part on the side otthe
rebels. Surely, England herself has not re-
garded persons thus engaged as deserving
the appelation which Her MGjesty's Govern
rnent bestows on these citizens of the United
States.
It's quite notorious that, for the greatest
part of the last two centuries, subjects of the
British Crown have been permitted TO engage
In foreign wars, both national and civil, and
in the latter, in every stage of their progress;
and YET 1t has not been imagined that Eng
land has at any time allowed her subjects TO
turn pirates. Indeed in our own times, not
only have individual subjects Of that Crown
gone abroad to engage in civil wars, but we
nave seen whole regiments openly recruited,
embodied, armed, and disciplined in England,
with the avowed purpose ofaiding rebellion
against nation with which England was at
peace; although it is true that, subsequently,
an act OF Parliament was passed to prevent
transactions SO nearly approaching to public
war, without license from the Crown.
1t may be said that there is a difference be-
tween the case ola civil war, arising from a
disputed succession, or protracted revolt of
colony against the mother country, and the
case of fresh outbreak, at the commence
ment OF rebellion. The undersigned does
not deny that such distinction may, Tor certain
purposes, be deemed we'll founded. He adj
miis that Government, called upon to con-
- IVA t'ShtSs iitCltStS, anu uutleS,
wen civil wars break gu. in other countries
may decide On all the circumstances of the
pd.uculaf case, upon lis own existing stipu-
lati2n, on probable results, on what its own
security rcqnires, and On many other conside-
Tation3. liinay 30 already bound to assist
one party, or it may become bound, if it so
chooses, to assist the other, and to meet the
consequences Of such assistance.
But whether the revolt be recent or long |
continued, they who join those concerned in |
IT, whatever may be their offence against their