Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-22

ia br ,ay friend from South Carolina, MIR Presion.l
know, if vou please, that ] am III the wrong
My friend co.n.s 10 ne md demands expana-
tiom adding, al tie time, these words If you do
not gran, The PREPARATION demanded, en,reat you 10
consider the serious Consequences which must ensne
from vaur refusal Certain | there is not single
member this Senate, might say not an intelligent
nian in the cv.l.ztd world, who would not consider
surh language as II menace, which must be with
dawn explained before any Tepalatlon could be made
IL vas the moment alter read this ntemce that
determined TO bring the subject before the Senate
thought then struck which perhaps should do bet
Ter now to rrpress; but it was this | mag med saw
that man whom Mr.. Jefferson truly denomlnnted the
Uld Roman, sitting III his apartment and rca;ng tins
letter for the first time When he TO this SEN
,cnce, what would be his feelings What indignant
emotions would in lis breast: or han may
be justly said,
~ kind, true heart a spin, high,
That could not fear aud would not how,
Is written III his manly eye
And on his manly brow"
Would he not have resolved never to make any exPa-
nation under such threat' Would he not have re-
CURED it to be withdrawn or explained before giving
any answer whatever to Mr.. Fox's demand: In this
possibly he might have gone too far. Our Secretary,
however has passed over this threat without adverng
to il in any manner whatever.
And now we come to the case Immediately before
the Senntc Although think the Secretary Of State
decidedly wrong in rs view OF the law OF nalons, thai
to me is comparatively a very small matter. have
not, in this thing, any personal or private feeling to
crafty Towards the Secretary OF State ! cherish
no unkindly feelings, and sincerely hope that ne
NAV discharge the duties OF his high, responsible
station IN such manner 10 rebound more and more
IN bis own honor What complain Of this orsslon,
and an OMISSION | consider of great consequence. lie
has not in lis reply, noticed That threat at all although
it was conveyed in such terms rs would have entirely
justified him in saying "the American Government
has no answer TO give until this language has been ex.
\ 10 shnuld nt n yP nd IL
mace such as is not usual in the diplomatic correspond
cnce between civilized and independent nations, and
shall he plad if you will explain or reconsider the
language employed" Fur myself, said Mr.. B., have
no desire for war with England so far am | from de
sirinu IT, that would consent TO sacrifice all but
honor in order 10 avoid IT, But think Mr.. Webster
TO blame in not noticing language which consider as
containing very distinct and ineligible threat But
let that pass
now inquire whether the Secretary is right in the
view he takes of the law Of nations; and have some
remarks to offer in reference TO that question Even
If no were right, still think that common prudence
would have dictated To him not 10 express his opinion
SO strongly II then judicial question pending
and eventually To he decided by the highest court IN
the State Of New York; tribunal which, all hands
and By Mr. Webster himself, admitted 10 be eminent
y entitled to confidence. Suppose il should happen
fns il will happen, fmy humble judgment Of the law
should prove correcp that the Supreme Court Of the
Stale Of New York and the Secretary Of State Of the
t. S should differ in opinion to the legal question
Suppose an appeal should then be taken fsuch an
peal NAV be laken) the Supreme Court of the L. s.
and IL should there be decided, feel great conf
dence that would be, against the opinion Of the Sc
cre,ary Of State, what would be the condition Of this
Governments
The judicial authority will be on one side Of the
ques,ion and the Executive Government the other
Whilst the Judiciary decide that Mcleod is RESPONSE
HE in the criminal courts of New York the Secretary
decides that he is not. BY prrjndsIng this pending u
dicial question, the Secretary has placed himself in
aSk ward dilemma, should the Supreme Conr. Of New
York determine tina. the recognition and justification
by The British Government Of the capture Of tn, Caro-
line does not release Mcleod from personal rrspon,
bilily. In common prudence, therefore, Mr. Webster
ous ht TO have expressed decided opinion on this de-
lcatc question: but left II to the Judiciary, Mr.. Van
Burens administration had done
| Bu; the Secretary Of State thought otherwise The
imperious tone of Mr. Foxs letter does not seem 10
have produced any effect his mind. Three shor,
DAYS after lis date, OF the 18th March, sil he issues
his instructions 10 the Attorney. General These in
slructions are the real substantial to Mr. Fox
letter, aud have proved entirely satisfactory 10 the
British Government, as they could not have failed to
do The letter written by Mr. Webster the 2ith al
tle succeeding april, will never disturb that Govern
ment Long before it written, the Secretary had
granted them every thing which they could have &c
sired.
Hc at once, by these Instructions abandoned the po-
/
tration that Mcleod would still be responsible, ind-
vidualiy, notwithstanding the British Government,
might recognise the destruction Of the Caroline. In
condemning this position, he uses terms almost as
strong as Mr. Fox had done in denouncing it, He says
:;lhat an individual forming part of public force and
acting under The authority Of his Government, is M,
10 he held answcrable private trespasser or male
factor is principle Of public law sanctioned by the
usares Of all civilized nations, and which the Govern
ment of the United States has no inclination TO dis
| pute
- actions speak louder than words, what did Mr.
Webster do with this threatening letter staring him in
the face : With fiery expedition he has his Attorney
General on the way TO Lock port; and | cannot but
think, from my personal knowledge Of that officer,
that the mission which he was employed could
not have been very agreeable TO him. lie informs the
British Government al once, for ought 10 for
ret that The letter to Mr.. Cri,tenden in substance
the Secretary answer TO Mr.. Fox, that if it were III
the Presidents power 10 enter noe proSeqn against
| Mcleod, it should be done without moments delay
"lf this Indictment says he, "Were pending IN one OF
the Courts Of the L. S., directed 10 say that the
President upon the receipt of Mr. Foxs last communi
cation, would have Immediately directed noHr pro-
ssqui to be entered But this not in Mr.. Web
slrr's power, the Governor of New York in the
next place to be assaed, in order TO accomplish the
same purpose. Mr.. Crttenden informed that he
would be furnished with copy Of this instruction. for
the use Of the Executive of New York and the Atior-
ney General Of that State "Wheher, SAYS the Sc
cre;ary, in this case, he Governor of ~ iork have
that power or if he have whether he would feel II his
duty 10 exercise it, points upon which we are not
informed
But the Governor of New York proved to be very
FESTIVE subject lie felt inclination whatever 10 en-
ter noHe prosequi against NJ Leod. have seen,
here, correspondence between that officer and
the President, but | cannot find it. The tone OF
this correspondence the part of The Governor
evinced splr, of determined resistance to the sng-
geston of the Secretary The Governor complained
that the District Attorney Of the IT, S was acting as
the counsel Of NJ Lcod This, however, according to
the explanation Of the President happened by mere &C.
cideut the attorney having been retained as couns.
some tune before his appointment. The correspond
ence, all events sufficient TO show that Governor
Seward did participate in the views and feelings OF
the Secretary of State towards " 'Lcod, and we know
tina, he did not approve of entering noHe proseqm IN
his case.
But The Attorney General of the U. S. wns armed
with instructions from e Secretary of State to meet
every contingency. If Mcleod could not be dis.
charged by nolle prossqui if he must be tried, then
Mr.. Crttenden 10 consult with Mcl.eod's counsel
and furnish them the evidence material TO his defence,
and he "to that he have skillu and emf
nj ba ali ady O