Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-11


and that consequently those subjects OF her Majesty
who engaged in that transaction were performing an
act of public duty, for which they cannot be made
personally and individually answerabe to the laws and
,r,6hnas of any foreign country and that her Ma
deSfy's Government has further directed Mr. Fox to
make known to the Government OF the United States
.that her Malestys Government entirely approve OF
the conrse pursued by MIR. Fox, and the language
adopted BY him in the correspondence above mentioned
There is, therefore, authentic declaration on
the of the British Governmen that the attack
the Caroline act Of public force, done by mi
tary men, under the orders of their suPer'ors, and rs
recognised as such by the Queens Government. Inc
Importance of this declaration is not to be doubted
and the President is of opinion that calls upon MN
for the performance Of high duty. That an lnd
vdual forming part Of public force, and acting unde
the authority Of his Government, is not 10 oe neid
answerabe, private trespasser or Hiaeiaetor,
principle of public law, sanctioned ny lne usages o.
all civilized nations and which the Government OF the
limited States has no inclination to dispute. This has
no connexon whatever with the question, whether, IN
this case the attack the Caroline was, as the British
Government think it, lustitiable employment OF force
for the purpose Of defending the British territory from
.unprovoked attack, or whether it most un nst
fable invasion in time Of peace Of the territory OF the
United States, this Government has regarded IT,
The two questions essentially different ; ana,
while acknowledging that an individual may clam
immunity from the consequences OF acts done oy num-
~ showing that he acted under national authority,
this Government not 10 be understood as changing
The opinions which has heretofore expressed
gard To the real nature OF the transaction winch re-
suited in the destruction of the Caroline. That sub
e is necessary, for any purpose connected with
this communication, to discuss lhe views OF tins
Government in relation TO it known to that of Eng
land and we expecting the answer Of that Go
yernment to the communication which has been made
TO il.
All that is intended to be said at present is, tina,
since the attack the Caroline is avewed national
aot which NAV Justify ,~prsais even general war,
If the Government of the United States, in the udg
ment which it shall form of the transaction, and of It's
own duty, should fit to decide yet tina: 1t raises
question entirely public and political, question be-
independent nations and that individuals con-
cerned III cannot be arrested and tried before the
ainary tribunals for the violation OF municipal law.
If the attack the Caroline was unJusiabe, as thus
Government has asserted the law which has been VIC
lated the law of nations, and the redress which IS 10
be sought the redress autorUo IN such cases oy the
provisions Of that code.
Yon are we'll aware that the President has power
10 arrest the proceeding in the civil and criminal courts
of the State of New York. If this indictment were
pending in one OF the courts Of the United States, |
am directed say that the President, the receipt
OF Mr.. Fox's last communication, would have mme-
dately directed noLc proscqui to be entered.
Whether, in this case, the Governor OF New ork
have that power, or il he have, whether he would
feel it his duty TO exercise it, points upon which
we are not informed.
Il ia understood tina. Mcleod is holden also on civil
process sued out against HIM by the owner OF the "a
of the State cannot interfere with such process and,
indeed if such process pending in the courts OF
the U S., the President could not arrest IT. In such
and many analogous cases the party prosecuted OF
sued must avail himself of his exemption or defence
By judicial proceedings, either in the court INTO whch
he is called or in some other court But whether me
process be criminal CIVIL the fact OF having aceo
under public authority and in obedience TO Tue ORDERS
of lawful superors must be regarded as Vaha oe-
fence otherwise individuals would be holden RESPONSE
BILE for injuries resulting from the acts OF Government
and from the operations OF public war.
You will be furnished with copy OF THIS instruc
ton for the use of the Executive of New York and
the Attorney General of that State. You will carry
with YOU also authentic evidence Of the recognition
by the British Government of the destruction OF The
Caroline act of public force done by nati ona
authority.
The President is impressed with the proprety of
transferring the trial from the of the principal ex
element to some other and distant county I GU WI"
take that this be suggested to the prisoner conn
sell The President is gratifed to learn mat the 20
vernon of New York has already directed that the ta
take place before the Chief Justice OF the State.
Having consulted with the Governor, You VIII pro-
coed TO Lockport, or wherever else the trial may De
holden and furnish the prisoner counsel with the ev
dence of which you will be in possession maeriai 10
his defence You will see that he have skilful and emf
nent counsel if such be not already retaned and, al
though you not desired 10 act as counsel YOURSELF
you will it to be sgn'fed TO him, and to the gen
teman may conduct his defence, that II IS The "sh
of this Government mt that, his defence be over
ruled by the court in which he shall be tried, proper
steps be taken Immediately for removing the cause, by
writ of error, 10 the Supreme Court OF the Y. ,.
The President hopes sou viii use such despatch as to
make your arrival the place of trial sure before the
trial comes on; and he you will keep him INFORM
ed of whatever occurs by means of correspondence
through this Department.
have the honor 10 be, Mr.. Attorney General, your
obedient servant DANIEL WEBSTER.
Hon JoHS J. CRrTTESpEN,
Attorney General Of the United States.
CT,