Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-25

ter-thal The piratical party consisted in part OF out
laws from the Province Of Upper Canada, aud, IN part
of men from the United States and other countries
who openly procured recruits. provisions, arms ammu
niton and all other things necessary to sustain them
in their criminal enterprise from the United States IN
defiance of the known laws of the Republic, agaihs
warllke expeditions on peaceful nation. :,
The next was The reply Of Mr.. Forsyth 10 MI FOX,
dated January j. ls.s, in which he states that the
siden had heard with painful emotions, o The oe
struc,ion Of property Qhe Carolne) within the )uts
diction of New York, by British Subjects and tina
that communication made with expectation lhal
through the nslrumentality of the British Minister
some explanation would be made and such precautions
taken would prevent the perpetratlon oil similar ucts
in future.
Mr. Spencer said this document was important re-
specting the point raised in international law.
He then read letter from Mr.. Fox TO MIR. Forsyth
of the date of Feb 6, 1885 nclosIng dispatches from
Sir Francis Head respecting the plralicai character o.
the stea mboat Caroline, stating that The law seemed 70
be oyerbcne by piratcal violence, and thereby grea
suffering had been occasoned to her Majesty subjects
and thus jusyng the destruction Of he vessri oi 'he
pratca enemy wherever found. be also read com.
municuon, the same SUBJECT from S'r franc's tieao
to Mr.. Fox.
| He next read letter from Mr. Benton to Mr. For
syth, dated February 6, 1898, in which he communl,
Gated the fact that Mackenzie and Van Rensselaer, had
taken possession of Navy Island and that SchIoaser
was made landing place, from which provisions, am
|
also stated that Allan McNab was in command Of the
British forces, by whose direction Captain Drew led
the expedition against the Caroline, ETC.
The next document read was letter from Mr. Ste
venson, the American Minister TO the Court OF 1T.
James. addressed to Mr.. Forsyth, incosng copy oil
a note addressed Lord Pamerston, respecting the
attack on the Caroline, which he designated Gan out.
rage on the United States, and an outrage Of "sgnal
aTocity" Then followed the letter to Lord Palners'
ton in which he said The courage formed SUBJECT
for demand for redress from her Majesty Govern
ment This letter was relied upon by tie prisoner :
counsel in their answer, the making the whole an
international affair The letter proceeded to demand
repara,ion, and concluded with the American view OF
the subject, and an able argument to show that tho
Caroline under the circumstances, not pratt
cal vessel nor those board robbers and pirates BY
this letter said by the prisoners counsel, both
the killing and the destruction Of the boat repre-
scented as public act. This letter dated The 22d
day Of May and was the first and direct communica,
ton made with the British Minister.
The next document letter from MIR. Stevenson
10 Mr. Forsyth dated I'd July, 1890 The next letter
from Mr. Forsyth to MIR. Stevenson, dated lih Sept,
1889. Then letter from Mr. Fox 10 Mr.. Forsyth
dated December 10, S4l calling upon him for the re-
lease of Mcleod who, ii alleged, had been arrested
pretended charge of murder and arson, and after i
tedious examination committed FOR trial. Mr. Fox,
hy this letter, called for The release of Mcleod, The
ground that il well known that the capture OF the
Caroline was public act, by the order Of superior
discussion between the two Governments He added
that il was otorous Mcleod was not Of the party
by which the attack the Caroline was made, and that
the accusation made on the peIured testimony OF
Canadian outlaws, who were yet permitted to invade
the frontiers The question, however, whether Nc
Leod u that party unimportant, as the act was
public OF the constituted authorities Of the pro-
vince of Canada.
The next was a letter from Mr. Forsyth TO Mr.. Fox,
dated the Goth Dec, 1910, which was only important
as IL shaved that negotiations were yet pending be-
tween the two governments on this subject. la this
letter the American Secretary says, this the first
time the fact that this act avowedb by the British Co.
vcrnmcnt had been made 10 this Government, By per
authorized TO make the admission.
Dir. Spencer again called the attention Of the court
10 The letter from Mr.. Fox 10 Mr. Webster, given above
with the prisoners allegations, containing distinct
avowa the part Of the British Government, Of The
attack the Caroline, planned and executed by Her
Majesiys colonial authorities, and consequently the
persons taking part in il were dscharsns public du
y for which they could not be made To answer To the
laws of this country. The grounds which the dis
charge of the prisoner now claimed were, there
fore, follows -
Flrs-The attack and destruction Of the Caroline
act Of public force done by the command of the
British Government aud all the defendant did IN IT.
ii anything, he did Ivy command Of his superior OH
Ger, and in obedience 10 his Government. For
acts done under such authority he is not responsible
personally and individually, IN any court of law what
ever.
Second-The Supreme Court has jurisdiction TO Try
the offence charged the Indictment and may order II
be tried al The bar. II has jurisdiction therefore, 10
give advice and grant leave to the District Attorney 10
order 4 noHe proScqHt upon the indictment K ,
$780, section ! = X. S. Coz, section 81; H. 5 eio,
rev. notes.
Third-The right TO enter such motto proscqui, pre-
vous TO the enactment of the Revised Statutes, was
alone vested in the District Attorney or Atiorney-Ge-
neral II is then and now the exercise OF the execu
tive power of Government influenced By considerations
Of sound policy and wise expedency. The same rca
sons which would induce the law officer OF the Govern
ment to nterpose 10 prevent trial, ought to and viii
induce the Court to advise and allow the same thing II
be done.
FourlI,-Rcdrcss for this forcibIe and hostile inva
sion OF the territory Of the u. s. the destruction o.
property and the killing Of our citizens, was at ar
early day demanded Of The British Government by The
Government of the u. s., and The whole matter 10 stu
in the of treaty between them with view TO
| full and Just settlement. The State OF New York
therefore, cannot dscrcetly lawfully inlerPose IT.
jurisdiction, and take cognzance ofany portion OF tins
public offence against the entire American nation i
the exercise Of authority by the State, re2ugnan
10 The Constitution and laws Of the w. ,, ana BRING
the jurisdictions in collision and conflict It's ten
dency is TO thwart the constitutional exercise oil lht
treaty making power ofthe U. s., and thus involve h'
| two countries III war.
F,lih-By the Constitution of the United States
the power 10 declare war; conclude peace, and general
y TO superinlend the foreign relations Of our country
belongs 10 Congress or the General government
The act in which Mcleod is alleged to have partici
pated, being an exercise of the public force OF Grea
Britain and Of hostile character becomes the suhJec
Of reclamation, reprisal, and the part oil iht
Government Of the United States, as 1t shalt see ut
or il may demand acknowledgement reparation, or IN
demnty for the offence and injury, and ihereupon &C
knowledge itself satisfied. Any interference "t thu
State authorities will be and is incompatible with tn
exercise of these high powers.
Siyth-lf the alleged offence were cognizabie By
the Courts of the United States the trial OF the md
vldual would be wholly Incompatible with The if,endIl
negotiations between the two Governments, ana aiR'
unworthy of the honor and dignity of both
Sevenih-Had the attack been made upon post
arsenal, in the District of Columbia or other place
within the Jurisdiction Of the Courts OF the Unitet
States, and indictment had been found IN suci
Court, the ground Of discharge would have been th
same then IL then the U. S. Court ought t.
orbear 10 prosecute individuals, ought now the Stale
of New York.
Eighth-These are believed 10 be the sound views
of the subject and satisfactorily shows that this Cour
Il