The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-07-08


inF . u tie taufss ths Pfsiiieul would
have sdoplrd asfF ne proceedings pend
ins N ne jldisisls lribuRsls q ne Uni'
lsd Snlfs. bul pot iniimsiing thsi The
governor 81 New York could q ouahi 10
do shs ssmr. ana adding shas he 'sw a
asiuns sanrtioas - iasi and reasonable.
shil me fact % hssisg acted under public
auIhoriy snd in obedlenee 70 The orders
|uflswlsl supefiors must be regarded -
a valid defenct; Otherwise. individuals
would be holden responsible far iniaFifs
resullins llam The acts II gossrnnsni and
even from he operations Of publac var.
Lis. however. urged that his govern
meni should have RETAINED iron dong
any hing eoanscisd with this indictment
snd The proceedings under i; thai %
should have remained passive. and have
suffered lhem 10 progress and lermina'e.
Nth doing - sei. or speaking sord. %
wrising . senlence having relation 70
them.
vill be well. in examining this OBJ
jreiiOn 10 he course pursued By the En-
eeuliye, 10 look Al ihe condition af things
existing Al the lime ahea the instructions
were gwen 20 Mr. Crinenden. and 10 The
actual stale Of the mailer, 40 IA then APP
pesrrd and in Tact was. The present
Administrator cane into power On the
4lh Of March. That which preceded had
slspl oa the affair Of the Csrolins for
eighteen months. hearing nothing eoa-
eerning The repsralisn which was fequir-
ed. and not repealing any dsmsnd Coz i.
All MAS slill and quiet rs The silenes of
The grave. Indeed. so lorg m isisrvsl
had elapsed. thai il seems. the British
go,esnmen. supposed that ours would NOT
again refer 10 The subject. But. upon
the 18th OF March. ihe attention Of this
government is called 10 The arrest and
Imprisonment OF Mcleod. and formal
demand 10 made Cor bis release. on The
ground that the Transaction Of > public
character. planned aud executed by per
sons duly empowered. by the colonial
authorizes Of Me Queen Of Great Britain.
TO lake any sleps aud 10 do any sets
which might be accessory Tor The drlsnee
OF her msjesisis territories. and Tor lhs
projection % bsf Majes,y's subjects; and
Ihsrrfasr ne scl Of MeLead. being an act
Of publs duly, Vas one Tor which he
could nj be personally Ind Individually
answesable IN The tribunals Of lhe Uniled
Slsus. ID 10 on The l2lh Of March that
I'M, authentic declaration IS made, lhs,
ae British government, recognises The A.
lsck on the Caroline IS having been made
by ils authority. Mcleod was in ri
500 al Loekporl, under On indictment Tor
murder. Tor Participating IN tbs attack.
Ii was expected his Trial would take place
on The gel OF March, very few Ia, :
subseqaenl 10 the ayowsl Of the sct rs =
national scl. and done under The au.hori.
y Of The Qneen's government. The irlsl
Wss 10 be IN . county where The publ c
mind Was much agils,ed and excited.
Much agitation also existed in England.
in consequences OF what had taken place
here While the former administration was
20 poser. This government, had recog-
Missed The principle d public law. ina, an
Individual forming apart % public farce.
and acting under The sulhoriiy OF his 20.
vernmen,. could not be held IesponsIbls
40 Pr've irespassser OF maleiseior.
Every motive growing cut Of rs honur
aad duty required IL "a use al lis consu-
iuiional power 10 preserve this principle
inviulae; Tor IL was this Government.
and not that Of the state of New York.
which was 10 be responsible Zoe i,s relu.
sal or omission 10 do Whist !, could with
propfIely do 10 give The prisoner the be.
ne, oil this rule Of public law. What.
then. under these circumstances was the
President 10 do! Having the authentic
and satisfactory evidences al the a,os j
Of the act By Great B,i,sin rs a national
one, and fully admitting the principle Of
International las referred 10, wha, did hn-
nor aud duty require! Was lie to DO
nothing, brcsuse an indictment was pen,.-
lug aud 10 be tried! Was be 10 remain
entirely passive, and neither To say nor
DO any th'ngs IL Mcleod had been tiled
aud executed, aud war had ensued as the
consequence, would the administration
have staod jusIiisd to the county /!
Would u have been sufficient, TO have
said that The government Of lhs .ta,e al
New York had acted IN The matter accord
'"g 10 lis sense Uf justice and proprie,y,
and therefore there was no jus, cause Of
complains!
And, now, whai vas the action Of the
President, under the peculiar circum-
stances in which he was placed, Did he
attempt to interfere with the regular
administration Of the laws in the state OF
New York; Did he even advise or sug-
gest what course her government should
pursue! Did he recommend nole pro-
sequi TO be entered! Did he intimate that
persons confined under judicial process
could be liberated from confinement other
wise than by Judicial process! Very far
from all this was his conduct. He did
that only which was made necessary and
proper by existing circumstances, and