The Polynesian. [volume] (Honolulu (Oahu), Hawaii) 1840-1841, 1841-09-25

ordinary tribunals OF law for their particl-
patton in it. And the President presumes
that it can hardly be necessary to say that
the American People, not distrustful Of
their ability to redress public wrongs by
public means, cannot desire the punish
ment of individuals when the act COM
planned of is declared to have been an act
of the Government itself.
Soon after the date Of Mr. Fox's note,
an instruction was given to the Attorney
General of the United States from this
Department, by direction of the Prcsi
dent, which fully sets forth the opinions of
this Government on the subject of Mr. Nc
Leod's imprisonment, a copy of which In
slruc,ion the undersigned has the honor
herewith to enclose.
The indictment against Mcleod is
pending in State court but his rights,
whatever they may be, are no less safe, it
is presumed, than if he were holden to
answer in one of the courts of this Gov
eminent.
He demands immunity from personal
responsibility by virtue of the law Of ma
tons, and that law, in civilized States, is
to be respected in all courts. None is ell
ther so high or SO low as to escape from
its authority in cases TO which its rules
and principles apply.
This Department has been regularly in
formed, by his exco|ency 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 McLeod's
case, but that, owing to some error or mis-
take in the process of summoning the iu-
ry, the hearing was necessarily deferred.
| The President regrets this occurrence,
as he has desire for a speedy disposition
Of the subject. The counsel for Mcleod
have requested authentic evidence of the
avowal by the British Government of the
attack on, and destruction of, the Caro-
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 pur-
pose, and that it is now competent for Nc
Leod, by the ordinary process ofhabeas cor
pus to bring his case for hearing before that
tribunal
The undersigned hardly needs to assure
Mr. Fox that tribunal So eminenty distin-
gnished for ability and learning as the Su-
preme Court of the State of New York may
be safely relied upon for the just and impair
tIal administration of the law in this as well
as in other cases; and the undersigned re-
peats 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, MI Fox will see
evidence in the instructions above referred
! to.
The undersigned has now to signify to
Mr. Fox that the Government of the United
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 Caroline"
1t does not think that the transaction can
be justified by any reasonable application or
construction of the ri ght of self-deience, I'M
der the laws Of nations. 1t is admitted that
a just right Of self,defence attaches always
to nations, as well as to individuals, and is
equally necessary for the preservation of
both. But the extent Of this right is a ques-
ton to be judged by the circumstances ofeach
particular case; and when its alleged exer-
else has led to the commission of hostile acts
| Il