Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-23

from Capt Drew's despatch that they were volun-
teers, in boats) with orders to take or destroy her
They found the Caroline moored TO the wharf oP
poSite TO the inn at Fort Schlosser. On her aces
was an armed party. She was boarded, and ate
a resistance in which some desperate wounds wer'
inflicted upon the assailsn,s, she was carried. l
any peaceaele subjects Of the United States perish
ell in the conflict. Il was and is equally unknown
or whether any such were there. Before this yes
sci was taken no, n gun had been fired by the fore
under the orders OF Col. Macnab. The party loos
ed the vessel from the wharf. set her on hrc, and le
her drift down the stream" that is, over the Maya
"a Falls.
Such are the facts, as stated by Sir F. Held, an,
they appear to he substantially correct. Mr. Mar
cy, the Governor OF New York, states officially th'
number Of persons killed on board the vessel, o.
destroyed with her rs she went down the Falls, a
twe,yr, besides one shot on the wharf, but u ha'
subsequently appeared that this was an exoggera'
ton. MrForsyth, the American Secretary Of State
complained to Mr. Fox, our Mins;er at Washing
ton, of the attack made on the Caroline while moor
ed 10 the American shore. MIR Fox defended il or
the ground Of self-defence, and the apparent ina
bility of the New York authorities TO control Tho
ru fians who sailed from her shores TO attack ours
This extraordinary state of things" he adds
'seems to have impelled her majesty's subjects IL
Upper Canada to consult their own security by
pursuing and destroying the vessel Of their piratica
enemy t1herssotper they might find her."
Mr.. Forsyth, in his reply,
Denied that the facts referred TO by Mr.. Fox
were a justification, the American Government hav-
ing adopted measures, prompt, vigorous. and sue
cessiul, to repress the unlawful interference of their
inhabitants-ihe great obstacle to which was the
excitement occasioned by the burning OF the Caro-
line"
MI. Fox. in his reply, refers Mr.. Forsyth to her
Malesty's Government IN England.
Mr.. FORSYTH made his formal complaint to her
Msjcsty's Government in England, and that Gov
eminent returned no answer. Under such circum-
stances Mr.. Mcleod. who is supposed not to have
really taken part in the affair (though his brother
was presently has more than once visited New York,
and, as we understand, boosted TO the English party
there, that he had shared in the glory OF the
attack. Now the attack, prina taeie, was unlaw-
ful.
II, was a midnight attack on American citizens in
an American boat u>oored TO the American shore.
Il was not an attack IN the progress OF hostlluies,
for il appears that not n shot had before been fired
by Mr.. Macnab or his militiamen or volunteers.
Whether any circumstances of provocatlon, or any
liability OF the State Of New York TO restrain her
subjects, would have made the act lawful, Is a ques-
ton; the better opinion among iuriSts seems TO be
that they would not. But prima .tdeie, 1t was, we
repeat, unlawful; the American Government had
treated il Us such in their complaints TO the British
Minister, had been by him referred TO the British
Government and from the British Government had
received no answer.
Mr.. Mcleod, apparently concerned in this priuia
faeis unlaw ful act. was arrested some time ago IN the
territory Of New York by the local authorities, and,
we know not by what means, got of. In the begin
ming of last December he returned there, and was
again arrested, and comfnittted to await his trial for
murder.
Mi. Fox demanded his release on the ground
that .
"The burning of the Caroline was a public act OF
persons in her Majesty's service, obeying the orders
OF their superior authorities; and that the President
of the United States had made ii the subject Of a re-
monstrance TO the British Government, and the mat
ter was still under negotiation,
My Forsyth replied
"Thar the President had not the power TO inter-
fere with the independent jurisdiction of the State OF
New York; that the offence was within
the territory of New York, against her lows and CT
items, and within the competency OF her tribunals.
That il was an unjustihable Invasion of the United
States territory by an armed band from Canada. and
that if.he dssirue' ion ofthe Caroline icdS a pubIie act
of persons ia hf' majssty'S service, obsEing the orders
OF their s~upsriOrS, isis fact had not before been COM
nuHieaied 10 the Government Of The Uhiitd States by
a person authorized 10 make ths GdmissiOn; and that
il would be for the Court to decide, on the validity
of such a defence when legally established"
Now this is all that the American Government
has done; indeed, the local authorizes have endea'
yored TO do even less, for they have endeavored 10
let Mcleod get of by baillns him, though ona ca
piial charge. OF course he must be tried, and vii!
be tried. 1.-The fail IN proving that he was not i'm
plicated. he will plead the orders Of Mr. Macnab.
We hope that the Court may feel JUSTIFIED IN allow
Inc this plea: II would transfer the discussion from
the legal to the political forum in the easiest manner.
But it the Court override the plea, and ITS validity
is purely q iegllguesuon, OF course he must be con-
vicied.
But we have no fears OF his being executed. 1t
would be a rash and a cruel act, and an act without
a motive; since the conviction, or indeed even The
allowing the plea that he acted under The orders OF
his superiors, you'd sufficiently raise the question
between the Governments We have no doubt that,
il he be convicted, his execution will be respIted IN
oil the issue of the political negotiation is asccHaIned.
II that issue be favorable 10 peace, OF course his par
don and release must be the consequence and even
iii be uniavorabIe, we cannot think that vengeance
would he taken on q solitary captive. His life,
therefore, we consider safe. But how is the ques-
ton between the Governments to be decidedi How
are we TO avoid u war, which would certainly throw
back America twenty-five years and England fifty,
and which might open 10 one country, or TO both, O
series Of evils such as neither has endured or even
fearedi
We see M means Of coming to an agreement
while each party remains Judge IN his own cause.
Every week Of discussion makes them more conf.
dent that they are in the right, and us that we are
in taH right. The only possible issue is a reference
10 third party, before whom an agreed state Of facts,
Or, If the parties cannot agree on one, then the whole
shall he laid, and who shall say, first,
the seizure of the Caroline was or was not
j justihable, what indemnity, If any,
Is 10 be given by The American government for the
suf.rings Of McLeodl II not lustiiab'e, what in
ANNNNNHN " W. 4 80 ~ - 80 - 49, ~H1'~t ~
10 the owners and crew Of the Caroline ,
say, IL any, because ;ke referee may hold that,
hough the SEIZURE was lawful, 70 was McI.eod's
rial, and that he must take his indemnify, If any,
rom The Blush government; or the referee may
the seizure uDjustIhabis, but yet that the SER
vices to which The Caroline had been put deprived
hose connected v;h her OF any right to satlsiac-
ion.
The local authorities made, indeed, rs it appears
10 US, an attempt TO evade trying hT. Mcleod by
him (ceriainiy by a great stretch Of law,
for murder is nota hailable ofienoe) 10 bail; the mob,
however, interlered, and caused him TO be detain.
ID.
Now as far as these proceedings have gone, OF
whom have WI a right to compllin2
In the first place, Of Mr.. Macnab, for having in
Of Sir f.. Heads express orders to remain
on the defensive and DO nothing Of which the Anne
ricdn Government could justly complain, begun his
campaign by an act pTima Joets illegal, and defen-
sibie only on th3 extreme plea Of necessity.
Secondly Of Lord Palmefston, who allowed the
American rcmonstrancc, on 50 grave a subject, TO
remain three years unanswered. We are aware
that il vase disngreeabie question. We had u dc.
iend ourselves 10y the most offensive Of arguments
determination; and Lord Palmerston probably
thought that the conduct Of neither party having
been lrreproachB bic, the best plan was 10 make no
m the hope that no answer would be re.
quircd. And we are not sure that this conduct
might not have succeeded. But the folly, and n the
facts which We have nre correct, the vanity Of Nc
I cod an goiny ap4ong "a rappIa baCt,a vUL,e. trtIu-