, 1841-07-03
WHOLE NUMBER 400.

ily before the Senate. Although | think the
Secretary Of State decidedly wrong IN his
view Of the law OF nations, that 10 me is
comparatively a very small matter. l have
not. in this thing, any personal or private
feeling to CRAFTY. Towards the Secretary
Of State cherish no unkidnly feelings, and l
sincerely hope that he NAV discharge the du-
ties Of the high Il Irresponsible station in such a
manner as to rebound more and more to his
own honor. What complain Of is this o.
mission, and an omission, ! consider, Of great
consequence. He has not, ia his reply no
ticed that threat at all, although il was con-
veyed in such terms as would have entirely
justified him in saving 'ths American Gov
eminent has no answer to give until this
language has been explained" He should
at least have said, "this is a menace, suci, as
it is not usual in the diplomatic correspond
ence between civilized and independent M:
lions. and ! shall he glad Il you will explain
or reconsider the language employed" For
myself. said Mr.. b, ] have no desire for war
with England: so FAR am ! from desiring it,
that would consent to sacrifice all hut uUr
honor in order to avoid il. But | think Mr..
Webster 10 blame in not noticing language
which | consider as containing a very dis
tinct and Ineligible threat. Blu, let that
pass.
Even if the Secretary were righti in the
view he take, Of the law OF nations, still 7
think that common prudence would have die
tated 10 him not TO express his opinion So
stongly. 1t was then q Judicial question
pending, and eventually to be decided. b.
the highest court in the State Of New York;
a tribunal which. on all hands, and by Mr..
Webster himself, is admitted to be eminent
ly entitled 10 confidence. Suppose j, should
happen las il will happon, if my humble juds-
ment of the law should prove correctly that
the Supreme Court Of the State OF Il. York
and the Secretary of State of the United
States should differ in opinion as 10 the legal
question. Suppose au appeal should then be
taken tif such an appeal NAV be taken) TO
the Supreme Court of the United States,
and it should there be decided. as | feel great
confidence that it should he, against the opin-
ion of the Secretary Of State, wha. would
be the condition of This Government,
The judicia! authority will be on one side
OF the question. and the Executive Govern
ment on the other. Whilst the Judiciary de.
eide that Mcleod is responsible in the GRIM
inal courts OF New York, the Secretary de-
cldes that he is not. By ~prejudeing this
pending judicial question, the Secretary has
placed himself in m awkward dilemma.
should the Supreme Court of New York de-
iermine that The recognition and justification
by the British Government of the capture Of
the Caroline does not release Mcleod from
personal responsibility. In common pru-
dure. therefore, Mr.. Webster ought 10 have
expressed no decided opinion On this delicate
Gnestlon, but left it to the .Judiaciary, as Mr..
Van Buren's administration had done.
But the Secretary Of the State thought
otherwise. The impcricus tone Of Mr Fox's
letter does not seem TO have produced any
effect on his mind. Three short DAYS after
its date, IN the 18th Marci,, 1871, he issues
Instructions to the Attorney General
Instructions are the real. substantial
answer 10 Mr.. Fox's letter. and have proved
satisfactory TO the Bfitis: Govern
nent. us they could not nave failed to d.
The letter written. hy Mr.. Webster, on the
nth Of the succeeding April, will never dis
orb that Government. Long before il was
tie Secretary had granted them
very thing which thew could have desired.
lie at once, By these ~intructions, Abandoned
he position so ably maintained bv Mr.. Van
'uren's administration, that Mcleod would
till be responsible, individually. no.with.
fading the British Government might recoc.
Use the destruction Of the Caroline. In
cndemning this position. he uses terms al
host as strong rs Mr.. Fox had done in de.
nunring it. lie says s.ihat an in !ividual
'rming part of a public force, and acting
nder the authority of his Government, is
OF TO be held answerab'e as a private tres
user or mnlefac or, Isl principle of pub.
c law sanctioned by the usages of all civil.
ed %nr'irns. AMI which the Government
! the United States has no inclination to
As actions speak louder than words, what
ID Mr.. Webster do with this threatening
tier staring him in the face! With fiery
Spedition he has his Attorney General on
&c way to Lockport; and | cannot but think,
pm my personal knowledge of that officer:
at the mission on which he was employed
'uld not have been very agreeable TO him:
G informs the British Government at once.