The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1841-06-26


public act Of persons in her Majesty's ser
vice, obeying the order Of their superior
this fact has not been before
10 the Government of the
United States by person authorised 10
make the admission; and II viii De for
the court which has taken cognizance of
the offence with which Mcleod Is char
ged to decide upon its VALIDITY when Ie-
gally established before IL" aal ads.
g The President deems this 81 proper o.-
caSlon 10 remind the Government sc Per
Britannia Majesty, that the case ul the
" CAROLYN" has been long since brought
TO the attention Of Her Macsty's princi-
pal Secretary OF State for Foreign Affairs
who, up TO this day, has not commuuica-
ted Its decision thercupon. 1t is hoped that
the Government of Her Majesty will per
ceIve the importance Of no longer leaving
the Government ofthe United States IN
informed of its views and intentions upon
a subject which has naturally produced
much evaporation, and which has led 70
such grave consequences.
The communication of the fact that the
destruction of the 8 Caroline was an act
of force by the British authorities being
formally communicated 10 the Govern
ment ofthe United States by Mr.. Fox's
note, the case assumes a decided aspect.
The Government of the United States
entertaIns no doubt that, after this ayow-
al of the transaction as public transac-
ton, authorised and undertaken BY the
British authorities, individuals concerned
in it ought not, by the principles OF pub
lie law and the general usage of civilized
States, 70 be holden personally response
bic in the ordinary tribunals of law foI
their participation in il. And the PresI
dent presumes that it can hardly be ne
cessary to say that the American Peo-
pie, not distrustful of their ability to re-
dress public wrongs by public means
cannot desire the punishment of IndIyId
uals when the act complained offs decla
red TO have been an act Of the Govern
ment itself
Soon after the date Of Mr.. FOx's note
an instruction was given to the Attorney
General of the United States from TIM
Department by direction Of the Presi
dent, which fully sets forth the opinion.
ofthis Government on the subject Of Nc
Leod's Imprisonment, a copy Of which
instruction the undersigned has the no
nor herewith I, cqclose.
The Indictment against Mcleod !:
pending in State court; but his rights
whatever they may be, are no less safe
1t is TO be presumed, than if he were
holden TO answer in one Of the courts o
this Government.
Ae demands immunity from persona
responsibility by virtue ofthe law of IA
tons, and that law, in civilized States, 8
to be respected in all courts None L
either so high or so low as to escape from
its authority in cases to which its rule
and principles apply.
This Department has been regularly
informed by his Excellency the Govern
or Of the State of New York, that tn
Chief Justice of that State was assignee
to preside at the hearing and trial Q
McLeod's case, but that, owing to som
error or mistake in the process of sun
moning the jury, the hearing was necez
sarily deferred.
The President regrets this occurrence
as he has a desire for speedy dlsPoS
ton of the subject. The counsel 10
Mcleod have requested authentic ey
dence of the avowal by the British Gov
eminent Of the attack on, and destructlo
of, the I" Caroline" as acts done under II
authority, and such evidence will be tul
nished to them by this Department.
! 1t is understood that the indictment ha
been removed into the Supreme Court {
the State by the proper proceeding tc
that purpose, and that it is now comps
f tent for Mcleod, by the ordinary Proce;
| of habeas corpus, to bring his case 4
hearing before that tribunal.
The undersigned hardly needs to assur
Mr.. Fox that tribunal so eminently di
tinguished for ability and learning as Il
: Supreme Court ofthe State of New 1Or
may be safely relied upon for the Ju
) and impartial administration Of the la
: in this as well as in other cases; and Il
5 undersigned repeats the expression
: the desire ofthis Government that no q
lay may be suffered TO take place IN the
: proceedings which can be avoided.
t this desire, Mr.. Fox will see evidence
/. the instructions above referred to-
n The undersigned has now to signli
n to Mr.. Fox that the Government of q
/ United States has not changed the oPinI
e which it has heretofore expressed to ii
# Maicsty's Government of the charact
O of the act of destroying the " Caroline
J. 1t does not think that the transactt
5, can be justified by any reasonable app
; cation or construction of the right
self-defence. under the laws OF nation
5, It's admitted that just right OF seli-C
n fence attaches always to nations, as :"
- l. l.. = -...... II. nacas