The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-06-17


has asserted, he Ian which has been -
olzied i he lsw 81 nstions. sd he r.
dress which i % Be souga. i ne redress
authOrized il such czses by he ProFisisns
Of thar code.
You are wel aware thai the Presldeni
has No power 10 arrest The proceeding u
The civil and criminal courts q me STATE
Of New York. Ii this indictment were
pending il eof the courts of The United
States, | an directed 20 say hat me Pre-
sidens. upon he receipt u ~. Fo1's last
communication, would have immedlaieiy
directed noils prosessi . Be- entered.
Il Whether. ID Ibis case, the Governor q
New York hare ihai power, Or, il he
have, whether he would feel il his duty
% exercise il, are points upon which We
are not informed.
It's understood that Mcleod Is holden
also On civil process, sued out against him
By The owner or the Caroline. We sup
l pose II very clear that the Executive q
the State cannot interfere with such pro-
cess; and. indeed, il such process were
pending in the courts Of the United States,
the President could not arrest il. In such
and many analogous cases The party pro-
! secuted or sued must avail himself Of his
exemption or defence BY Judicial proceed.
ings, either in the court into which he i
called, or in some other court. Butwhe-
Their the process be criminal or civil, the
fact Of having acted under public authori-
~. and in obedience 10 the orders Of law
ful supeTiors. must be regarded a valid
defence, otherwise individuals would be
holden responsible for injuries resulting
from The acts Of Government, and even
from the operations Of public war.
You win be furnished with copy Of
this instruction for the use of the Exccn-
tive Of New York and the Attorney Ge-
/ neral of thai state. You viii carry with
you, also, authentic evidence Of The re-
cognition by The British Government oil
| the destruction Of the Caroline a. an aci
Of public force done, BY national authority.
The President is impressed with the
proprieiy of transferring the trial from the
scene of the principal excitement 70 some
other and distant county. You viii take
care that this be suggested to the prison.
er's counsel. The President is gratihed
to learn that the Governor Of New York
has already directed that the trial take
place before the Chief Justice ofihe State.
/ Having consulted with the Governor.
you win proceed TO Loekport, or where
ever else the trial may be holden, and fur
nish the prisoners counsel with the evil
dence of which you will be in possession
material to his defence. You will see
that he have skiliul and eminent counsel,
If such be not already retained; and, a.
though you are not desired 10 act as coun-
sci yourself, you viii cause it 10 be sig
nified to him, and to the gentleman who
may conduct his defence, that it is tie
wish Of this government that, in case his
defence be overruled by the eourt in which
he shall be tried, proper steps be taken
Immediately for removing the cause, BY
writ Of error, TO the Supreme Court Of The
United States.
| The President hopes you win use such
despatch as to make your arrival at the
place Of trial sure before the trial comes
on; and he trusts you will keep him in
formed Of whatever occurs BY means Of i
correspondence through this Department
/ l have the honor to be, Mr.. Attorney
General, your obedient servant,
DANIEL WEBSTER.
Hon. john ]. CRITTENDEN,
/ Attorney General of the U. States.