The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-06-17
Hrsnr 5. Fox. Esq. so sc. SC.
Copy ef Instructions 10 Nr. Crtisa&cn enclsst9
ia tie gbsrs.


z
IA tie a5srs.
DrrARruExr o. SrsTE,
WksnISGTox. MAhcH IS. ISM
Sra Alexander VI Icud, Canadian subject o.
Her Britannia Majesty. Is nov Imprisoned Al
Loci port, N the State Of Nes Yo,k. under 10.
dictneut for murder, alleged 10 have hata rom.
United by him IN tie attack on and destruction
of Tho steamboat Caroline at Schlo,ser. 10 that
State. on The night Of ;lH . Of December. 1857
and his tfal expected " take place a, Lses Pof:
On tie 22d tnsiant
Non apprizsd on tine cnrrrspondcncs wbieh
took place beixOen Mr. Foa.rrI, a,o Sccrctsty
Of State, and Mr., Fox, Hfr Britannia Nsjesty's
Minister here. on ibis subject. IN Drceuber last
In his note 10 Mr. Pos OF tho Goth of that
month, Mr.. FoRsYTH SAYS: II the destruction Of
the Caroline ans public &C, OF persons ia Her
dajesiy's service, obeying the order uf their 50.
pcrlar authorities, this fact has rot been before
communicated 10 the Government Of he taiicd
States by person authorized to make the sdmis.
sion, and il = u be for tie Court which has taken
cogniz1nce Of tho oAance with which Mr.. Nc
Iced is charged 10 decide apon iis validity when
legally established before Il.
The President deems this 10 be profrr ocea.
sion 10 reuiind the Government Of Her Bfitannir
Majesty that the cass Of the Caroline hns bsen
long sInce brought 10 thu attention 1T Her VI .les
Tvs principal Secretary 81 Stale for Foreign A..
airs. who, up To thI4 day, has not communicated
is decision !hCreupon. / Is hoped that the Gov.
eminent Of Her Majesty vii perceive tlio import,
sncc OF no longer leaving tie Govcruq1cai Of the
Unilcd States unnfsrmtd of is views aud iutcD.
mons pP0a SUI q = hici h4a na'urail, produced
much evaporation, and whseh has I'D 70 such
grave consequences"
have noW to inform you that VI FGx has 3D.
Creased a naie 10 this Department under date 81
the l1th instant, 10 which, under the immediate
instfur IN aad direction ID his Government, he
denisnd., formally and aiaiaily. 3IeIaod's innle.
dia'e fcieass. ,he ground Tia, tac t-ansaciiar,
ue aecUunt 0f which hr las bern Arrested aud s
TO 10 p1t upon bis trini, was 81 ppbAc character,
planned ard executed By die PERSONS daily en-.
powered b. Her Majesty ea'on'll au;hotiti 10
tass sny s,sgs. aud 90 any acts uhrh might be
necessary lof the defence Of Her Niic,iys terri
tories. and for the protection Of Her MtIcsly's
subjects and that consequently those subjects o:
Her " Jastg no engaged N that transaction
we're per ortning an act Of public dlty, for which
they cannot b. made personally aud individually
answcrabla TO the laws and tribunals Of any for.
clgn country aud that Her Msiesiy's Govern.
ment has further directed Mr. Fox TO make kaoan
10 the GlYeruucnt of tie United States that Her
MaJcI'y's Government entirety approve Of the
course pursued By Mr.. Fox, and the language
adopted by hin in the correspondence aboyc men.
toned.
There Il, therefore, now an authontic doclara-
ton on the part Of the British Government thai
the attack on tho Caroline was an act Of public
force, done By military men. under the orders q
their supetors, and Is recognised such By the
Queens Government. The importance Of THIS
declaration IL not % bs doubted. and the Prcsl.
dent - Of orininn that il calls upon him for tire
performaHse Of high dufy. That 40 individual
forming part Of public force and acting under the
authority u his Government, is not 10 be held an
sweFlble, private trespassor or mllofletor, is
principle Of public law, sanctioned by the asl.
ges Of all civilized nations. and which the Gov.
eminent Of the United States has no inclination
to dispute. This has no connection whatever
with the question whether, in this case the attack
on the Caroline was. as the British government
think IT, jnstifablo employment of force for
the purpose Of defending the British territory
from nnprovoked attack or whether il was
most unIustIfiable invasion ia time Of peace Of
the territory Of the United Sfaes, as this Govern
ment has regarded IL. The two questions are
essentially different; and, while acknowledging
that an individual may claim immunity from tho
consequences Of acts done By him, by showing
that he acted under national authority This Gov
ernmont IS not 10 be understood ~ cf,ngisg .te
opinions which il has heretofore expressed Fl va
gard 70 the real nature Of the Transaction which
resulted 10 the destruction Of the Caroline That
subject II IS not necessary for any purpose con
nected with this communication, to dacnss--
The views Of this Government ia relation 20 Il
arc known 10 that Of England; and we are ex
pccting Tic answer Of that Government to the
communication which has been made TO H.
All That ls intended 10 be said. al present, il,
that, since The attack on the Caroline is svowed
as a national act which may justify reprisals or
even general var, If the Government Of the Uni /
ted States, in the Judgment which il shall farm
OF the Transaction, and Of its own duty, should I
sec 1T so 70 decide, yet that il raises question
entirely public and political, question between I
independent nations, and that individuals con.
cerned IN Il cannot be arrested aud tried before
the ordinary tribunals, as fer the yiolftion Of
law. lf The attack on the Caroline /
was nhiustihable. 80 this Government has assart
cd, tho Iaw which has been violated is tlls law of
nations, and tie redress which Is % be oought Is