The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-07-20

+, eompulsion and given by such authority would
amount 20 dursss, and discharge him IRON PERSONAL
| Mr. Webster, on the contrary, leaves nothing 10
| the court
I tody because he could not.
But he throws the whole weight Of the authority Of
| the Administration and the weight OF his pei
sonal authority lawyer into the scale, in favor Of
Mcleod and with the manifest purpose Of oyerawing
| the judicial tribunals
Thus cir. YOU perceive that the complaint made in
this well considered article against MIR. Webster and
the President is not that the peTempory language of
Mr. Fox not treated 10 the true American spirit
thai any wrong Interpretation had been gwen 10
national law assuming the fact 10 be claimed that
Mcleod acted (if al ally under orders amounting TO
mplsion but that the weight OF character and in
auence OF the Secretary and President had been
thrown upon the court Of New York to influence its
MISUNDERSTANDING the principal ground Of charge
| made in this and the other Hall OF the Capitol.
But sir, rely not for defence of this Adminisra
ton upon the rrseoneiabis charges preferred by its
opponents the defence stands upon other and higher
grounds, and Will, apprehend, be found, under every
aspect OF the sack IN the papers of the Secretary TO
| the Attorney General MIR. Crtenden) and to the
| British Minister,
In his letter 10 the Attorney General under date Of
| 18th March, lS4l, the Secretary says
! "There Is, therefore, authentic declaration
on the part of the British Government that the attack
on the Caroline was an act Of public force done by
military men, under the orders of their superors and
| is recognised such by the Queens Government -
The importance Of this declaration is not 10 be doubt
! ed and the President is of opinion that II calls upon
him Tor the performance of high duty. That an IN
diyidual forming part of public force, and acting
der the authority of his Government Is not To be held
answerable private trespasser or maefactor, Is a
principle Of public law sanctioned by the usages OF all
civilized nations and which the Government of the
/ United States has no il clinaiion to dispute. This
4 -. hath
er in this case the attack the Caroline was as the
British Government think it, UNSUITABLE employment
of force for the purpose of defending the British ter
rtory from unprovoked attack, OF whether II was
unustifable invasion, IN time OF peace, OF The
territory Of the United States this Government has
regardedit. The two questions are essentially dliie-
rent and, while acknowledging that an individual may
claim immunity from the consequences OF acts done,
by him, by showing that he acted under national au-
thority, this Government IL not 10 be understood as
| changing the opinions which il has heretofore
pressed regard the real OF the transaction
which resulted ia the destruction of the Caroline
That subject is not necessary for any purpose CON
nected with this communication to discuss. The
views OF this Government in relation to il known
to that of England and we expecting the answer
of that Government 10 the communication which has
been made TO it,
"All that is intended TO be said at present is that
since the attack the Caroline is avowed a national
act which may justify reprisals general war,
il the Government of the United States, in the udg
ment which shall form OF the transaction and OF lis
own duty, should fit to decide yet that it raises
a question entirely public and political--a question
between Independent nations, and that individuals
erned in cannot lie arrested and tried before the
ordinary tribunals for the violation of municipal
law Ii the attack the Caroline unjustifable
as this Government has asserted, the law which has
been violated is the law of nations and the redress
which be sought is the redress authorized in such
| cases 10y the provisions OF that code
| "You are well aware that the President has no
power arrest the proceeding in the civil and crmi
nal courts of the State Of New York. If this indct-
ment pending in Of the courts Of the United
States directed to say that the President, upon
l the receipt of MIR Foxs last communication would
have Immediately directed notte prosequi to be
| tered .tt '
whether, in this case, the Governor of New York
have that power, or, If he have, whether he would
feel il his duty exercise, it, points upon which
| we not informed.
Is 1t is understood also that Mcleod is holden also
on civil process sued out against him by the OF
the Caroline. We Suppose very clear that the
| Executive of the State cannot interfere with such
process and indeed il such process pending in
| the courts Of the nted States the President could
not arrest it In such and many analogous cases, the
party prosecuted sued must avail himself Of his ex
empon or defence by judicial proceedings either in
the court into hch he is called in other
court. But whether the process be criminal or civil
the fact of having acted under public authority and in
obedience to the orders of lawful superors must be
|
would be holden responsible for injuries resulting from
the acts of Government and even from the operations
of public war
Now, sir in these instructions, where is any attemp,
improperly to influence or control State court
put this question to the gentleman from Pennsylvania
Mr. lDgersoli and not 10 the Editor of the Augusta
/ Ave or Of the Globe, who / understand is a LAWYER
which should not have understood from the learned
| genilenan's speech on this subject
1 Here is matter confessedly belonging TO the Fede
! raj Government, since the avowal of MIR Fox. That
oyeTnment says It's law officer if this matter
its criminal character were before the Federal
we should assume the facts claimed by the British
Minister, discharge the ndriduai, and hold the Br
fish Government 10 strict account for the whole mat
| ter But we have no control in this tray over the
State courts you will therefore that The prisoner
j. furnished with the evidence in the possession of this
! Government showing the character OF the transac-
ton and should that character the trial be establish
ed, as claimed by the British Minister and the State
| court override the defence, you then to see tina,
proper steps taken to bring this national question
before the court of the United States This sir Is
the whole oithese instructions 10 the Attorney Gene.
| raj And what do these instructions, after all amour
TO- more other than Mr. Forsy had said already in
his note TO Mr. Fox Of the 26h Of December, 1910
and TO which have referred before 2
| Thus much for interference Improperly with the
courts Of the State.
/ Now 10 the foreign aspect of the matter.
In the letter # the Secretary TO Mr. Fox under date
of the 9th Of April, 1871 he says
"The President is not certain that he understands
| precisely, the meaning intended by Her Majesty
Governmental lie conveyed by the foregoing insruc-
ton.
This doubt has occnsioncd with the President
some hcsa ion; but he incnes 10 take II for granted
that the man purpose of the lnslruc ions
| II 10 be slgnfed To the Government Of the United
States thai the attack the steamboat Caroline was
an ac of pubic force done by tho British colonial au-
thontles AID fully Recognised 10y the Queens Govern
nent AT home; and that conscq uently, no individual
concerned IN that Transaction can, according to the
just principle OF the laws of nations be held
lY ausNYernlln In Tie nILlInaGu