The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-06-29
Vol. A. NO. 46---Whole NO. SO4.
ST. JOHNSRURY, VT, JUNE2s, Is4s.

the occasion and its own duty appeared to require.
In his note to Mr. Fox of the Goth of December
last, Mr. Forsyth, the Secretary of State Of the U !.
States, observes, that "if the destruction of the
Caroline was public act Of persons in her Maj
esty service, obeying the order of their superior
authorities, this fact has not been before communi-
Gated to the Government of tho United States by
person authorized to make the admission, and it
will be for the court which has taken cognzance
OF the offence with which Mcleod is charged to
decide upon its validity when legally established
fore it," and adds, "The President deems this
to be proper occasion to remind the Government
OF Her BritannicMaesty that the case OF the 'Caro
line has been long since brought TO the attention
Of her Maestys principle Secretary of State for For
eign Affairs, who, up to this day, has not commun
Gated lis decision thereupon 1t is hoped that the
Government of Her Majesty will perceive she i'm
portance Of no longer leaving the Government OF
the United States uniformed of lis views and in
entions upon subject which has naturally pro-
duced much evaporation, and, which has led to
such grave consequences"
The communication Of fac, that the destruction
OF the Caroline was Of public force by the
British authorities being formally communicated to
the Government of the United States by Mr. Fox's
note, the case assumes decided arpect.
The Government Of the United States entertains
no doubt that, after this avowal OF tho transaction
as public transaction, authorized& undertaken by
the British authorities, individuals concerned in 1t
ought not, by the principles of the public law and
the general usage ofciviiized States, to be holden
personally responsible IN the ordinary tribunals Of
law for their participation in it, And the Presi-
dent presumes that it can hardly be necessary to
say that the American People, not distrustlul OF
their ability to redress public wrongs by public
means, cannot desire the punishment of iudividu-
ais when the act complained of is declared to have
been an actof the Government itself
Soon after the date of Mr. Fox's note, an insruc-
ton was given the Attorney General of the u
States from this Department, by the direction OF
tho President, which fully sets forth the opinions
of this Government OH the subject of McLeod's i'm
prsonmen,, a copy of which instruction the under
signed has the honor herewith TO enclose
The indictment against Mcleod is pending in
State Court but his rights, whatever they may
be- arc less safe, il is TO be presumed than II ne
were holden TO answer in one of the courts OF TINS
Government 49,.
He demands immunity from personal reponsbili
" by virtue of the law of nations, and that law, in
civilized States is to be respected in all courts.
None is either so high so low as 10 escape from
Piles apply.
This Department: has been regularly informed,by
his exceliency the Governor Of the State of New
York, that the Chief Justice OF that State was as
signed to preside at the hearing and trial OF Me-
Ieod's case, but that owing to some error or mis-
take in the process of summoning the jury, The
bearing was necessarily deferred.
The President regrets this occurrences as he has
a desire for a sreedy disposition of the subject.
Tho counsel for Mcleod have requested authentic
evidence of the avowaI by the British Government
of the attack on and destruction of the Caroline,
as acts done under its authority, and such evidence
will be furnished to them by this Department.
Itis understood that the indictment has been
removed INTO the Supreme Court of the State by
the proper proceeding for that purpose, and that it
is now competent for Mcleod, by the ordinary
process of haJeas corpus, bring his case for hear
ing before that tribunal. 7G .a rasc .'a
The undersigned hardly needs TO assure MrFox that
a tribunal so eminently distinguished for ability az
learning as tho Supreme Court of the State ofNew
York, may be safely relied upon for the inst and
impair ,iul administration of the law in this as well
as in other cases; and the gned repeats the
expression of the desire Of this Government that
no delay may be suffered to take place in these pro
ceedings which can be avoided. Or tins desire
Mr. Fox will see evidence in the instructions above
referred to H 9g
The undersigned has now to signify TO MIR Fox
that tho Government of the United States has not
changed the opinion which it has heretofore ex-
pressed to Her Majesys Government of the char
actc, of the nc Of destroying the Caroline.
L, does not think that the transaction can be JUS
lifted by any reasonable application or construc-
ton of the RICH, of self defence, under the law OF
nations # is admitted that just right OF sell de-
fence attaches always to nations. as well as 10 IN
dividuas, and is equally necessary for the Pres'r-
walton of both. But the extent OF this r'ght is
question to be judged of by the circumstances Of
each particular case and when its alleged exercise
has led TO the commission OF hostile acts within
the territory of Power at peace, nothing less ehan
a clear and absolute necessity can afford ground OF
Justification. Not having up to THIS Hme' oeep
made acquainted with the views and reasons az
lenptb. which have led her Majesty's government
to think the destruction Of the"Caroine TO be Jus
ti6abe as an act of self defence, the Undersigned