The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-06-23

believe that Mcleod was not concerned
in that affair; and that though the circum-
stances makes no difference in the pollll-
cal and international question at: issue,
the Government Of the United States
must not disguise from themselves the
fact that Mr.. Mcleod was moi, engaged IN
the transaction must necessarily tend
greatly to inaame that national resent
ment which any harm that shall be suffer
ed by Mr. Mcleod at the hands of the
authorities Of the State of New York Will
infallibly excite throughout the whole OF
the British Empire.
In his reply, after recapitulating the
contents of Mr.. Fox's letter, Mr.. Web
ster says that the President is not certain
that he understands precisely the mean
ing intended hy Her Majesty's Govern
ment to be conveyed by the foregoing la-
structioh.
This doubt has occasioned with the Pre-
sidrnt some hesitation, but he inclined to
take il for granted that the main purpose
of instruction was to cause it - he sig
ni6ed to the government of the United
States that the attack on the steamboat
" Caroline" was an act Of public force,
done by the British colonial authorities
and finally recognized by the Queens
Government at home. and that conse-
quently no individual concerned in that
transaction can, according to the just
principles Of nations, he held personally
answerabIe in tie ordinary courts of law
as for a private offence; and that upon
this avowaI of her Majcsty's Government,
Alexander Mcleod, now imprisoned on
an Indictment for murder alleged to have
been committed in that attack, ought to be
released by such proceedings as are usual
and are suitable to The case.
Mr.. Webster next proceeds to say, IN
that persons held in the Unit
ed States under judicial process, can, as
in England, only be released by judicial
process-by a nolle prosqui, on examin-
alton of The charge under IA writ of habeas
corpus. The Secretary does not suppose
that in England the Executive could in-
terfrrc in any more direct manner. After
alluding TO the civil suit, Withdrawn since
the date Of this letter. the Secretary pro-
ceeds TO say, "If therefore, any course
different from Such as have been now men
toned was in contemplation Of Her Ma
jcsty's Government, something wonld
seem to have been expected from the
Government Of the United States as little
cnnfurmahIe to the laws and usages Of the
English Government as TO those OF the
United States, and to viii ch this Gov
erhment cannot accede.'
The Government Of the United States,
acting upon the presumption
which il already adopted, that nothing ex-
or unusual was expected or
Of it, decided, on the recep-
ton Of Mr.. Fox's note, to take such mea-
sures as the occasion and its own duty
to reqnire. The American gov
ernment enteriains no doubt that after the
avnwal Of an act by government, indl-
viduassare no longer responsible. And
the President presumes that itGan hardly
be necessary to say that the American
People, not dis,rus,ful of their ability TO
redress public wrongs by public means,
cannot desire the punishment tof individu-
ais when the acl complained Of is declar-
ed to have been an act of the Govern
ment itself.
Suon after the date of Mr.. Fox's note,
an instruction was given to the Attorney
General of the United States from this
Department, by direction of thesal'resi.
dent. which fully sells forth the opinions of
this Government on the subject Of MIR.
Nc cLeod's Imprisonment, copy of which
the Secretary encIoses in his
letter. !!
Aftera history Of the legal proceedings
in The case, already lnown to The reader,
the Secretary proceeds 10 pay high en-
comium on the Supreme Conrt of the
State of New York, and then says:
" The undersi gned has now to signify
to Mr.. Fox that the Government of The
United States has not changed The opinion
which it has heretofore expressed to Her
Majesty's Government. of the character
of the act of destroying the" Caroline >"
The Government Of The United States
does not think lha, the Caroline flair can
be justified by any reasonable application
Of the right of seIfdefence under the law
Of nations. But not having been advised
"f the reasons under which the British
Government considers the attack juslfia-
BILE, the Secretary Earnestly renewing the
of this Government against
the transaction, abstains. for the present.