Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-05

states, as IN Ling land, persons co.hned under ildi
cal process can be released frvm that CONTINGENCY
only by Judicial process. Ia neither country, as N
undersigned supposes. the arm Of the Executiy
power interfere, directly OF frcbiy To roeaSe or dc
liver the prisoner. His discharge must be sought
| a manner comfortable To the princncS of law an
| the proceedings Of courts OF udc,Iurc. ID an IN
| d'c,mcnt like that which has been found oyain.
| Alex Mcleod, and under circumstances like thos
| which belong to ms case, were pending against al
ndsmnal IN one Of the courts OF England, there
no doubt that the law officer Of the Crown msh
enter mole Prosequi, or that the prisoner mi.h
| cause HIMSELF To bc brought mp on habsas eorp.
and discharged, IL his ground Of discharge should d
adIudsed sufficient, or that he might prove the sam
| on his trial
All these are legal modes OF proceeding, wei
known To the laws and practice OF both countries
| nat the undersigned does not suppose that if sucl
ease were 10 arise IN England, the power Of th'
Executive Government could be exerted in any NOR
direct manner. Even in the case OF Ambassador
anu oiher public Ministers, whose right TO exemp
'ion rom arrest Is personal requiring no fact to L,
aseerianed but the mere TACT Of diplomatic charac
ter, and to arrest whom is sometimes made hi.bl,
penal offence, II the arrest be actually made. I
must DC discharged by application to the courts o
law.
u Is understood that Alexander Mcleod is hold
en- ms well on civil rs on criminal process for ACT,
alleged TO have been done by him in the attack or
hc caroline" and his defence or ground of AGO nil.
ta must bo the same IN both cases. And this
strongly illustrates, as the undersigned conceiy,s
the proprcty Of the torexo ing observation. since h
Is quite clear that the Executive Government can.
not interfere to civil suit between n,;v,,.
Patues ~ any stage OF Its progress, bu, that such
SUIT must 80 on To its regular judicial termin,,ion
IL, therefore, any course different from such ns have
W no. menuoned was IN contemplation of Her
MSlestys government, something would seem IN
nave been expected from the Government of the
oh'eu States as little coniormabc TO the laws
aad uSascs OF the English Government ms to those
OF the United States, and TO which this Government
cannot sccedc.
The Government of the United States. ,bcreG,,.
aeuns upon the presumption which /, already atIont
ell, that nothing extraordinary or unusual was a.,
pec,cd or requested of it, decided, on the reception
VI Nt FOX note, to take such measures as the
occasion and ITS own duty appeared to require
In his note 10 Mr.. Fox of he Goth of Daco,,
her last Mo. Forsyth the Secretary of State OF m,
United States, observes that at the JestInrion nf
VIC C'Iuho was public act OF persons in her
service, ooeyins the order OF their supe-
rior authorities, this fact has been before com
TO the Government of the Unted = ,,cs
by person authorized to make the admission. and
II wi'I be Tor the court which has taken cosnzance
o. Tue oIence with which Mr. Mcleod is charged
In decide upon it's validity when legally establish
ed before II - and adds The President deems ~;
10 toe proper occasion To remind the Government
oI tier BriiannIc Majesty that the case of the
Caroline has been long since brought To the ,t,cn
.ou OF her Malcsty's principal Secretary Of State
nDt
ITS decision thCreupon. Il is bone,l
maj the Government Of Her Majesty will perceive
me Importance OF no longer leaving the Govern
nent OF the United States uniniormed OF It's views
'hd intentions upon subject which has naturally
produced much evaporation, and WHICH his III >,
such grave cOnSequcnces.-
me communication Of the fact that In, ,lcStruc
,'"V % ue Oarolne' was an act OF public force by
ne ofitnh authorities being formally communicated
% .e Government of the United States by MIR.
oAs note, the case assumes n decided osn-ct
The Government of the United States en,c,,,;,s
no uouht that, after this ayOwal of the tr,ns,cton
j. Pun!c transaction, authorized and undertaken
~ me British authorities, individuals concerned m
ouS"' moi, ny the principles ofpuhlic law and the
general usage Of civilized States To Ia, holden me-.
onally responsible in the ordinary tribunal. NJ las,
or their participation in 1t. And the PresJen, nrc
'umes that It can hardly he necessary to saw ib,t
ne American People, distrusful Of their ability
% teurISs puzzle wrongs by public means, cannot
ic>rc Tue punishment OF individuals when the ne,
o'''p alhed al Is declared TO have been an act of
he Government itself
soon alter the date of Mr. Fox's note nm ins,r,,c.
ION was given Ia the Attorney Gcnsr,i NJ ,bc I'm.
90 states from thus Department, by direction of the
resident, which fully sets forth the onin;ons Of IT,
government on the subject of Mr. Mel coIs rnrr;s
'hmeht, copy OF which instruction the undetsi.n.J
mas the honor herewith To enclose
Inc Indictment against Mcleod is pcndinp in n
''a'e COURT out his rights, whatever they may he
81, 4 q
,rnmcni " '"'' 'o'-
ne demands immunity from personal r,spons;.
'l'y 10y virtue OF the law OF nations and thar law
~ 'N%ed states, IS TO bc respected IN all courts
None Is ei'her So high so low as TO escape (,on,
: authority IN cases TO which lis rules nnJ rrn'
Iles apply. ga" p''"e''
ms Department has been regularly informed
~ MS exceilency the Governor Of the State of NJ,
o,N ua' 5le Chief Justice of that State was as
Csc but that, owing to some error or
mistake IN the process of summonis the iurv III.
leating was necessarily deferred.
ne ffeSldeut regrets this occurrence, as he has
,usisresor speedy disposition OF the subject
he counsel for Mcleod have requested nuIbent;c
evidence Of The avownl by the Brush C;overnrnon,
d the attack on, and destruction o. the &C ,roline
Is ac,s done under ITS authority, and such evidence
'i,l he furnished TO them by this Department.
IL is under TODD that the indictment has been re-
''oseu iho me supreme Court Of the State by the
proper proceeding Tor that purpose and that II now
competent Tor Mcleod, by the ordinary process of
hat tribunal.
The undersigned hardly needs to assure Mr. Fox
na' tribunal 50 emlnently distinguished for ablli-
y nhu learning as the Supfcmc Court OF the S,n,e
d New York may be safely relied upon for the iu,,
mo impartial administration OF the law in this as
ven as IN other cases. and the undersigned renea,
NC expression oil the desire of this Government TINT
10y may DC Sulietcdtp ke place ~ these pro-
.seuihss which can be avoided. OF this desire, MIR
Fox will sec evidence IN the instruction, nbovo re-
erred to. ~
The undersigned has now To signify 10 Mr. Foy
mat the Government OF the United States has not
hanged The opinion which IL has heretofore exprcss.
~ 10 Tier NalestyS Government Of the ch,r,cter of
NE act OF destroying the "Curoline."
~ uOes not think that the transaction can he ms
-hed ny any reasonable application or construction
d the night OF seli-defence under the laws of ma
IONS IL admitted that just right Of SC defence
'UacheS always to nations, well as 10 individuals
mo equally necessary for the preservation OF both
't pe extent OF TINS right IS question 10 DC jud.
Gu OF ny the circumstances Of each particular Gaze
mo when us alleged exercise has led to the conms-
son OF hostile acts within the territory of Power at
peace, nOihins less thana clear and absolute neres.
'Iy can afford ground Of Justification. Not having
up 10 this time, been made acquainted with the views
and reasons, NJ length, which have led Her Mnes.
Us Government TO think the destruction Of the
caroline" Jusuhable as an act Of selcte(snce the
undersigned, earnestly renewing the remonstr,nc.
81 tins Government against the Transaction, abstains
Tor the present, from any extended discussion C the
question. But II IS deemed proper. ncyertbelsss
not TO omit To take some notice Of the genera,
81 Jus.ihcnuon stated by Her Majcsty's Government
IN their instruction to Mr. Fox.
bcr maJesiy'8 Government hive instructed NJ
OK TO say that they are 81 opinion that the trans
action which tormlnitcd in the des,tuc,ion Of ia.
Caroline was iuslfabIe employment Of force. for
The purpose Of defending the British territory from
The unproYJkcd attack Of band OF British rebels
aud American pirates, who, having been "pefmit
Cd N arm anu organize themselves within the ter
rltOry Of tho United States, had nrtsnIly invaded
portion Of the territory Of Her Majesty.
The President cannot suppose that Tier Mnesty's
Las tHa s.r lice. 40