Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-07-06

Court which has taken cognizance Of the
offence with whichMr.M Mcleod is charged
TO decide upon its validity, when legally
established before it.
"The President deems this to be prop
er occasion to remind the Government of
her Britannia Majesty that the case ofthe
Caroline has been long since brought to
the attention of her Majesty's principal
Secretary of State lorForeign Afiairs,wh
up to this day, has not communicated its
decision thereupon. It is hoped that the
Government of her Majesty will perceive
the importance Of no longer leaving the
Government of the United States unn-
formed ofits views and intentions upon
aSubject which has naturally produced
much evaporation, and which has led to
such grave consequences"
have now to inform you, that Mr.. Fox
has addressed note 10 this Department,
under date of The 18th inst, in which un-
der the immediate instruction and drec-
tion of his Government, he demands for
mally and officially, McLeod's immediate
release, on the ground that the transac-
tion, ON account of which he has been
arrested, and is to be put upon his trial,
was of public character, planned and
executed by the persons duly empowered
by her Majesty's colonial authorities, to
take any steps, and TO do any acts, which
might be necessary for the defence of her
Majesty's territories, and for the protec-
ton of her Majesty'S subjects; and that
consequently those subjects of her Majes-
ty who engaged in that transaction, were
performing an act ofpublic duty, for which
they cannot be made personally and indi-
vidually answerable TO the laws and tri-
bunals ofany foaeigu country; and that
her Maiesty's Government has further d.
rected Mr.. Fox to make known to the
Government of the United States that her
Maiesty's Government entirely appro yes
of the course pursued by Mr.. Fox, and the
language adopted by him in the cOrrespon-
dence above mentioned.
, There is, therefore, now an authentic
declaration by the British Government
E that the attack on the Caroline was an
act of public force, done by military men.
under the orders oftheir superiors, and
is recognized as such by the Queen'sGov-
ernment. The importance of this decla-
, ration is not to be doubted, and the Pres
: ident is of opinion that it calls upon him
] for the performance of high duty. That
f an individual, forming part ofa public
. force, and acting under the authority of
: his Government, is not to be held answer
= able, as private trespasser or malefactor
i is principle of public law, sanctioned
by the usages ofall civilized nations, and
which the Government of the United
States has no inclination to dispute. This
has no connection whatever with the
! question whether, in this case, the at
:, tack on the Caroline was, as the British
. Government think it, justifable employ,
q ment oflorce for the purpose Of ofdefending
. the British territory from unprovoked at
:, tack, or whether il was a most unjustifia-
= ble invasion, in time of peace, of the ter
ritory of the United States, as this Gov
; ernment has regarded it, The two ques-
! tions are essentially different; and while
: acknowledging that an individual may
!, claim immunity from the consequences
of acts done by him, by showing that he
acted under national authurity, this Gov
:, ernment is not to be understood as chan
- ging the opinions which it has hereto
nr fore expressed in regard TO the real ma
! ture of the transaction which resulted il
the destruction of the Caroline. Tha
snbiect it is not necessary, for any pur
9 pose connected with this communication
'r TO discuss. The views of this Govern
g. ment in relation TO it are known to that o
le England: and we are expecting the an
Of swer of that Government TO the com
municatiou which has been mad
TO it.
o. All that is intended to be said, at pres
ent. is. that since the attack on the Caro-
line is avowed as national act, whic
: may justify reprisals, or even genera
war. if the Government Of the Unite
/. States, in the judgment which it sha
an form of the transaction, and Of its ow
,w duty, should see fit so to decide, yet th'
Of il raises a question entirely public an
1r- political, a question between independer
by nations, and that individuals concerne
Of, in II cannot be arrested and tried befoI
in the ordinary tribunals, as for the viOlatic
9TH ofmunicipal law. If the attack on Il
led Caroline was unjustifable, as this Go
I'd ernment has asserted, the law which b
been violated, is the law Of nations, al
ice the redress authorized in such cases
ate the provisions of the code.
Srl- You are we'll aware that the Preside
bis has no power to arrestthe proceeding
the civil and criminal courts Of the Sta
of Of New York. II this indictment we
the pending in one Of the courts Of The u
bic ted States, ! am directed to say, that
ce, President, upon the receipt Of Mr.. Fu
au- last communication, would have