Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-09-24
No. 4O.--VOLUME XXXVIII.

Mr. Mcleod had been arrested and then proceeded to
state"l have now TO inform you that MIR. Fox has ad
dressed note TO this Department, under date Of tho
18th INST, in which, under the immediate instruction
and direction of his Government lie demands formally
and officially McLeod's immediate release, the
ground that the transaction of which he has
been arrested, and 10 be put upon his trial. Of
public character, planned and by persons duly
empowered By her Majesty colonial authorities take
any steps and to do acts which might be necessary
for the defence Of her Majesty territories, and for the
protection of her Naestys subjects, and that
quently those subjects Of her Majesty who engaged III
that transaction performing an act Of public duty,
for which they cannot be personally and individually
answerable to the laws and tribunals Of any foreign
country; and that her Maesys Government has fur
ther directed Mr. Fox TO make known 10 the Govern
ment of the U. S, that her Majes,ys Government en-
urely approves Of the pursued by MIR Fox, and
the language adopted by HIM in the correspondence
above mentioned (Cheers)
Mr.. Webster then went on TO- say-"There is now,
therefore, an authentic declaration the part of the
British Government that the attack on the Caroline
was an act Of public force, done BY military men AN
der the orders OF superIors, and is recognised snc
by the Queens Government The importance Of tins
declaration not 10 be doubted and the Presidents OF
opinion that calls upon hun for the performance OF
high duty. That individual forming part of pub
lie force, and acting under the authority Of his Co
yernment, is not TO be held answerabe as a private
respasser or malefactor is principle OF public law,
sanctioned by the usages Of all civilized nations, and
WHICH the Government oil the T. ,. has no inclination
10 dispute.
This has no connexon whatever with the ques-
lion, whether this attack the Caroline was, the
British Government think il, UNSUITABLE employment
Of force Tor the purpose Of defending the British Ter
ritory from unprovoked attack, whether il Was
most unusthabe INVASION in time of peace, Of the
Territory OF the United States this Government has
regarded it. The two questions essentially differ
ent and, while acknowledging that individual may
clam immunity from the consequences Of act, done by
him, by showing that lie acted under national author-
IT, this Government is not 10 be understood as chang
ing the opinions which il has heretofore expressed III
regard 10 the real nature Of the Transaction which
suited in the destruction of the Caroline.
'That subject not necessary for any purpose con-
nected with the communication to discuss All that IS
intended TO be said at presen, u.s. that since the attack
on the Caroline is ayowed as national act, which
may Justify repri,als general war, # the Go
vernment Of the L. S in the judgment which II shall
form of the transaction and Of duty should fit 10
decide yet It raises question entirely public aud po-
litical-a question between two independent nations,
and thai individuals concerned in II cannot be arrested
and tired before the ordinary tribunals for the so-
latIon Of municipal law.
"lf the attack upon The Caroline unjnstiiablc as
this Government has asserted the law winch has been
violated the law Of nations; and the redress which ~
be sought liz the redress authorized IN such cases by
the provisions Of that code You well aware that
the President has power to arrest the proceedings
in the civil and criminal courts OF New York II ihs
indictment were pending IN one Of the courts oil the
L.. s. | am directed to say that the President upon
the receipt of Mr.. Foxs last communication would
have Immediately directed Role prosequt TO be enter
ed" cloud cheers)
Now nothing could be more honorable 10 the TO-
Of the IT, States, more satisfactory 10 That
Of this country than this declaration Of principles
(Checrs He though, he had now answered all tho
questions put him By the honorable and learned mem
Der for Bath, except one-namely, whether the u ,
had made demand upon this country Tor INJURIES dona
TO the at large and not Tor the State Of New ofN
especially. Unguesonably the first demand had been
made on TINT ground and the OF last session
he (Lod Palmerston had stated that fact as the ground
for his opinion, that it impossible the Y , could
turn round, and say il question between Great
Britain and one State only. licar hear)
The Constitution Of the L. :. placed all these mat
prs in the hands Of the Federal Government and tho
tenth section Of the first article Of their Constitution
provided that $40 State shall enter into any treaty,
alliance or confederation grant letters oil mariue
and reprsa No State shall without the consent ol
Congress- lay any duty of tonnage, keep troops, or
ships OF war in time Of peace enter into any arrange
ment or compact with another State, with foreign
power TO engage in war; unless actually invaded, or III
such imminent danger as will not admit OF delay :
(fear, hear)
Therefore, it was perfectly true that this question
could no more be said 10 be between Great Britain and
the State OF New York than IF Americ had felt her
self nggreyed BY Great Brtan) could be SAID that
the question was between America and the county oil
Rutland (ilear) But The honorable nha 'eaineu
me mber for Bath bad on a former evening suggested
that her Maiestys Government ought the outset OF
this affair 70 have sent out special envoy 10 The au
thoritles "a the State Of New York.
Now, he Lord Pamersion) was Of opinion that such
proceeding would have amounted TO nuii'hcau"n
or denial on the part Of Great Britain Of The iunda
mental principles Of the Constitution OF the L. - ana
that they would have treated an atront upon The
Federal Government. Qlear, hcar) Therefore, u
was not from any neglect on the part Of her Naesys
Government that tls course had not been taken-on
the contrary had been avoided out Of the respect they
were bound to pay to the Constitution OF the Y 3
(aear hear)
lie I.ord Palmerston) trusted he had now gwen
answers 10 the questions put TO him lie should be
sorry to anticipate the course which the Government
Of the u s might think proper TO follow, IN order 10
carry The principles Of international law; ana he
thought the object Of the honorable and learned gen
,leman would be best answered IT he (l'rd Palmer
son) ab,,aned from entering further INTO the mat
ter. (Checrs)