The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1841-07-15

II
4 h day of March-tbe daV Of inauguration Of
the new President! that the news of these in
siructnnS arrived ia this city, and along with
them the war throat4 and the war speeches of
the press and public men of Engand-the
threats Of many papers 10 eend admirals and
war steamers TO batter down our ciiies-and
the daholical speech Of Peer of the realm.
in the House of Lords. lord Mountcaehsl,
TO excite our three millionsyaG.negtues to- in
surrection-lo ra,se alltb5slhdiahs against US
land To destroy ourfnances by bursting the
paper bubbles rpon which they noefed.
1t was on the evening Of tive 9TH day Of
March that these lnsfrncIinns, this demand,
this threat, and all theae war aununcelions
arrived in this city. Tho new President had
Just been nducled: the men who were 10 com
pose ihe Presidential council were fully known
and undertook at oace TO ell what wonlJ be
done, said 10 seVeral--sorne now in this
city, if not in this chamber--McLeod will be
given up; not directly but indirectly. Under
handed springs will be set in motion 10 release
him; and letter will alerwal de- be cooked up
to show TO Congress and the people, and TO
justify wha, had beed done. This s what
said; persons are now in this CITY TO whom |
said it: and now let US resume the narrative Of
events--let US follow the current offacts>oand
see whal was done by the new AdmnstIa-
ton which had ,iustbeen indicted into office in
the midst of lrumphal professions, under the
| Gre of cannon, The bealhiDg Of drums, the dis
| play OF augs, and with all The glorious pomp
and circumstance oi war, Lot US sec what
they dld.
On tho l2h day of March, the new Admin
islra!un having had time 10 organize, Mr..
! Fox addressed Mr.. Webster a formal de-
mand, in The name of his Government, for the
| release OF Mcleod; and goes on TO say:
| .'The grounds upon which the British Government
! make This demand upon the Government of the u s.
are these: that the transaction account of which Me-
Leod has been arrested and is TO be put trial.
transaction of public character planned snd executed
by persons duly empowered by her Majestys colonial
authorities to take any steps and to do any acts which
might be necessary for the defence Of her kaesys te-
ritOres and for the protection other Majesty ects;
and that consequently those subjects of her Mpesy who
engaged in thattransaCon were perturmlDg an
act public duty for which they cpnnot be made per-
sonalIy and ndiv dually answerabe TO the laws and
| tribunals of foreign country
And after enforcing this demand, by argu-
.men', coDlestinq the answeij given by Mr..
| Forsyth, and suggesting The innocence Of Me-
LEGO, tIle IeWeT pIoceeuS 10 sdf'
'Bul, ba that as it may her Majesty's Government
formally demand upon the grounds already stated, the
INN, date raease Of Nr Mcleod; aud her mpicsv's
Government enlreats the President ofhe United States
to take into his most dehea'e consideration the serious
nature Ofthe consequences which nustenSue from
| lection Of this demand
This letter TO Mr. Webster bears date IN
! the 18th of March, which was on Friday, al d
will be Gonside'sd as having been delivered tn
| the same day. On the 18th of The same month
was Monday, Mr.. Webster delivers to The
| Attorney General Of the United States, set
| of nstru lions, and delivers a copy Of the
same 10 Mr.. Fox, in which he Yields TO the
! demand Of this minister, and dispatches the
| Attorney General to New York. to effect
tho discharge Of the prisoner The inslruc.
tons. among other thing+, says:
You are well aware that the President has
no power to ares, the proceeding in the
civil and criminal cour's of the State Of
New York. If this Indictment were pen.
ding in one Of The courts Of tho UnLed
States; | am directed to say that tho Pro-l-
dent, upon the receipt OF Nr. fox's Inat
CoDmnoicalion, would have Immediately d.
rectsc nolle prosequi TO be ente ed
"Whether in this case the Go'e.nmenI Of
New York have that power, or, if he have,
whs'her he would not feel 1t his duty oeX-
ercIse il, are points upon which We ale not
informed.
''t is understood thai Mcleod is holden a.
so in civil process, ued out against hlm by
the ownsr o. the Caroline, We suppose 1t
verp c5al that tho Exerutye Of the Stale
cannot interfere with such process; and 'n-
deed, if such process were pending IN the
courts Of the United States, tho PresIdent
could not arrest it. In such and many an
alapous cases, the party prosecuted and sued
must avail himself of his exemption OF de-
fence, by judicial proceedings, either in the
court into which he is called, or IN some
other court. But whether theprocess be cri.
minal or civil, the fact ofhaViug acted under
puplic authority aud in obedience to the or
ders Of lawful superiora, must be regarded
as a valid defence; otherwise, individuals
wnuld be holden responsible for injuries re-
suIting from the acts of Government, and
even from the operation of public war;.
''You will be furnished with copy Of this
Instruction for the Executive Of New York,
and the Attorney Geneial Of that State.
You will carry with you also authentic evI-
dsncs of,he recognition by the British Gov
eminent of the destruction Of the Caroline,
as an act ofpublic force, done by national.
authority.
sThe President il impressed with the pTo-
priety af transferring the taial fiom the