Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-07-20
NEW sERIEs.-VoL. 1. NO. 81.

! VINO engaged IN that transaction were
2 performing an act Of public duty for which
: they cant be made personally and indi.
!, vidually answerable TO the laws aud tri-
, bunals Of any foreign country"
And after enforcing this demand, by
: argument, cOntesting The answer given
/, by Mr.. Forsyth, and suggesting the inno-
cence 70 Mcleod, the letter proceeds to
, say:
"But be that as il may, her Majesiy's
Government formally demand, upon the
grounds already stated. the immediate
release, Of Mcleod; and her Maiesly's
Government entreat the President Of the
United States 10 take into his most de-
libeTats consideration the serious nature
of the consequences which must ensue
lrOm rejection of this demand"
This letter to Mr.. Webster bears date
OnIlhe 18th of March, which was Friday
and will be considered as having been
delivered on the same day. On the 18th
Of the sane month, which was Monday,
Mr.. Webster delivers 10 The Attorney
! General Of the United States, set ofin-
structions, and delivers a copy of the
same 10 Mr.. Fox, in which he yields to
| the demand of this Minister, and de-
spatches the Attorney General to New
York, 10 effect the discharge ofthe priso-
ner. The instructions, among other
things, say.
"You are well aware that the President
has no power to 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 Unit
ed States, am directed to say that the
President, upon the receipt of Mr.. Fox's
last communication, would have immedi-
aiely directed nolle Prosequi to be enter
ed.
"Whether in this case tn e Governor of
New York have that power, or, if he have
whether he would not feel it his duty 10
exercise it, are points upon which we are
not informed.
SIT is understood that Mcleod is hold |
en- also on civil process, sued out against
him by the owner ofthe Caroline. We
suppose il very clear that the Executive
of the State cannot interfere with such
process: and, indeed, if such process
were pending in the courts of the United
States, the President could not arrest it.
In such and many analogous cases, the
party prosecuted and sued, must avail
himself of his exemption or defence,
by judicial proceeding, either in the court
into which he is called OF in some other
court. But whether the process be
criminal or civil, the fact of having
acted under public authority, and in obe
dience TO the.ordeTs of lawful superiors,
must be regarded as valid defence; 9th
erwse, individuals would be holden res
ponsible for injuries resulting from the
acts Of government, and even from the
operations ofpublc war.
"You will I've furnished with copy of
this instruction, for the use, of the. Exec
utive 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 ofthe Caroline, as an act
of public force, done by national authori-
ty.
"The Presidents impressed with the
propriety Of transferring the trial from the
scene oftke principal excitement 10 some
other and distant country. You will take
care that this be suggested to the prison
ers counsel. The President is gratifed
to learn that the Governor Of New York
has already directed that the trial take
place before the Chief Justice Of the
State
"Having consulted with the Governor,
you will proceed to Lpckpnrt, or where
ever else the trial may be holden, and
furnish the prisoners counsel with the
evidence Of which you will be in posses
sion material TO his defence, You will
see that he have skilful an1 eminent
counsel, If such be not already retained Il
and. although you are not desired to act
as counsel YOURSELF you will cause it TO
be signifed 10 him, aud 10 the gentleman
who may condect. his defence, that it is
lihe wish Of this Government that, in
case his defence be overruled by the
court in which he shall bo tried, proper
steps be taken Immediately for removing
the cause, by writ Of error, to the Su-
Epreme Court fthe United States.
s'The President hopes that you will
use such dispatches to make your arrival
the place of trial sure before the tr'ai
comes on, and he trusts you will keep
him informed ofwhat ever occurs ny
means of correspondence through
this department."
/ A copy of these Instructions. as ! have
Issid were delivered to Mr.. Fox at the
lime thew we're written. At the same
moment they were delivered tothe new
Attorney General, MIR. Crittendsn,] who,
Itbus eo1ipt with written directions for his
guide, and accompaniedby an officer of
I6iqb rank in the United States srmy,[ Ma.