Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-08-28
of the United States, by Mr. Fox's note,
the case assumes a decided aspect.

entertains no doubt that after this avov ,al
of the transaction, as public transactio n,
authorized and undertaken by the Britt sh
authorities, individuals concerned in it
ought not, by the principles of public law,
and the general usage of civilized States.
to be holden personally responsible in the
ordinary tribunals of law, for their partici-
patton in it. And the President presumes
that it can hardly be necessary to say that
the American people, not dstrustful of
their ability to redress public wrongs, by
public means, cannot desire the punishment
of individuals, when the act complained of
is declard to have been act of the Govern
ment itself
Soon after the date of Mr.. Fox's note.
an instruction was given to the Attorney
General of the United States, from this De-
partment, by direction of the President,
which fully sets forth the opinions of this
Government on the subject Of McLeod's
imprisonment, copy of which instruction
the undersigned has the honor here with to
enclose.
The indictment against Mcleod is pend
ing in State court, but his rights. what
ever they may be, are no less safe, it is to
be presumed, than if he were holden to
answer in one of the courts of this Gov
eminent
He demands immunity from per sonal re-
sponsbility by virtue of the law of ma
tons, and that law in civilized States is to
be respected in all courts. None is either
so high or SO low as to escape from its au-
thority in cases to which its rules and
principles apply.
This Department has been rec ularlv in
formed by his excellency the governor of
the State of New York, that the chief
justice of that State was assigned to pre-
side at the hearing and trial of M,cLcod's
case, but that, owing TO some error or
mistake in the process of summoning the
jury, the hearing was necessarily deferred.
The President regrets this occurrence. as
he has a desire for speedy disposition of
the subject. The council for Mcleod
have requested authentic evidence of the
avowal by the British Government of the
attack on and destruction of the Care
line" as acts done under its authority, and
such evidence will be furnished to them by
this Department.
1t is understood that the indictment has
been removed into the supreme court of
the State by the proper proceeding for
that purpose, and that it is now competent
for M'Leod, by ordinary process of habeas
corpus. to bring his case for hearing before
that tribunal.
The undersigned hardly needs to assure
Mr. Fox, that tribunal so eminently dis
tinguished for ability and learning as the
supreme court of the State Of n York, may
be safely relied upon for the Just and i'm
partial administration of the law in this as
well as in other cases; and the undersigned
repeats the expression of the desire Of this
Government that no delay may be suffered
to take place in these proceedings which
can be avoided. OF this desire, Mr.. Fox
will see evidence in the Instructions above
referred to.
The undersigned has now to signify TO
Mr.. Fox that the Government of the Uni
ted States has not changed the opinion
which it has heretofore expressed to her
Majesty's Government of the character OF
the act of destroying the Carol inc
1t does not think that that transaction
can be justified by any reasonable appliCa-
ton or construction of the right of self-dc,
fence under the laws Of nations. 1t is ad-
mitted that just right Of selfdefence al
taches always to nations as well as to indi-
viduals, and is equally necessary for the pre-
servation of both. But the extent of This
right is a question to be Judged of by the
circumstances of each particular case, and
when its alleged exercise has led to the COM
mission Of hostile acts within the territory
of power at peace, nothing less than a
clear and absolute necessity can afford
ground of justification. Not having up to
this time been made acquainted with the
views and reasons at length, which have
led her Majesty's Government to think the
destruction Of the "Carolinc" justifable as
an act of self-defcnce, the undersigned,
earnestly renewing remonstrance of this
Government against the transaction, alb
stains for the present, from any extended
discussion of the question. But it is Deem
ed proper, nevertheless, not to admit to
take some notice Of The general grounds of jus,
LITIGATION stated by her Maiesty's Government on
their instruction to Mr.. Fox.
Her Majesty's Government have instructed
Mr.. Fox 10 say, that they are of opinion that
the transaction which terminated in the destruc.
ton Of the "Carolne," was a usti6able EN-.
pIoyment Of force, for The purpose Of defending
the British territory from the unprovoked attack
o. band Of British rebels aud American pirates,
who, having been permitted" TO arm and or.
ganize themselves within the territory Of the
United States, had actually invaded portion
of the territory OF her Majesty.
The President cannot suppose that her Ma.
iesty's Government, by the use Of these terms,
meant to be understood as intimating that these
acts, violating the laws Of the United States and
disturbing the peace Of the British territories