Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-07-08

OF the course pursued by MIR. Fox, and the
language adopted by him in the correspon-
dence above mentioned.
mere Is, therefore now, an authentic dec.
Iaratlon on the part of the British government
that the attack on the Caroline was an act of
pubic force, done by military men, under the
orders OF their superiors, and is recognised as
soch ny the Queens government. The i'm
Portahce OF this dec laration is not to DO doubt
eu, ana The President is Of opinion that il
calls upon him Tor the performance of a HIGH
duty. That an individual forming part of
public force, and acting under the authority
OF MS government, is not to be held answered.
oiv' DIS private trespasser or maletactor, is a
Pi'nc'Pie OF public law, sanctioned by the u
e"eeS o' all civilized nations, and which the
government of the United States has no in.
cination to dispute. This has no connection
whatever with the question whether. in this
case, the attack on the Caroline was. as the
bFitsh government think it, justiGable en-
Pioynent Ct force Tor the purpose of defend
ing the British territory from unprovoked at
tack, or whether II was Il most uniustifabe in
vasion III time of peace of the territory If
the United States, as this government has re-
garded 1t. The two questions are essentially
different; and, while acknowledging that am
Individual may claim immunity from the con-
sequences of acts done by him, by showing
government is not to be understood as chang
Ing the opinions which it has heretofore en-
pressed In regard to the real nature cf the
transaction which resulted i'm the destruction
oil the Caroline. That subject it is not ne
cessary tor any purpose connected with this
communication TO discuss. The views of this
government in relation to it are known TO that
OF England and we are expecting the am
sWer ot that government 10 the communion
ton which has been made to it.
AL that is intended to be said at presentis
that since the attack on the Caroline is avow-
ed as national act which may justify repri-
sails, or even general war, if the government
OF the United States, in the Judgment which
1t shall form of the transaction, and of its
own duty, should see FIT so TO decide vet that il
raises question entirely public and POLITICAL
question between independent nations, and
that Individuals concerned in it cannot be ar
rested and tried before the ordinary tribunals,
as Tor the violation of municipal law. If the
attack on the Caroline was uniustiliable, as
this Government has asserted, the law which
has been violated is the law of nations, and
the redress which is to be sought is the re-
dress authorized in such cases by the provi-
sions of that code.
on are we'll aware that the President has
no power to arrest the proceedings i'm the civ
4
York. III this indictment were pending in
one of the courts of the United States, am
directed TO say that the President, upon the
receipt OF Mr.. FoX's last communication
would have Immediately directed a MOLE pros
equi to be entered.
Whether In this case, the Governor Of NJ
YORK have that power, or, If he have, wheth-
er he would feel it his duty to exercise it, are
points upon which we are not informed.
1t is understood that Mcleod is holden all
so on civil process. sued out against him bv
the owner of the Caroline. We suppose il
very clear that the Executive of the State
cannot interfere with such process. and in
deed, II such process were pending in the
courts OF the United States, the President
could not arrest it. In such and many analo-
gcus eases, the party prosecuted or sued must
avail himself of his exemption or defence by
Judicial proceedings, either in the court into
which he Is called, or in some other COURT
But whether the process be criminal or civ
II, the fact of having acted under public au-
thorlty, and in obedience to the orders of law
inl superiors, must be regarded as a valid de-
fence, otherwise individuals would be holden
responsible for injuries resulting from the
acts OF Government, and even from the ope-
rations of public war.
You Will be furnished with copy of this
instruction for the use of the Executive of
New York, and the Attorney General Of that
State: You Will carry with you, also, au-
thentlc evidence of the recognition bv the
British Government Of the destruction of the
CAROLINE as an act Of public force done by ma
tional authority.
The President is impressed with the pro-
prlety Of transferring the trial from the scene
OF the principal excitement to some other and
distant county. You will take care that this
be suggested TO the prisoners counsel. The
President is gratifed to learn that the Cover
nor of New York has already directed that
the trial take place before tie Chief Justice of
the State.
Having consulted with the Governor, you
will proceed TO Lockport, or wherever else
the trial may be holden, and furnish the pris-
oner's counsel with the evidence of which
you will be in possession material to his de-
fence. You will see that he have skilful and
eminent counsel, if such be not already re-
tanned; and although you are not desired to
act as counsel yourself, you will cause i. to be
signified to him and to the gentleman who
may conduct his defence, that il is the wish
OF this Government that, in case his defence
be overruled by the court 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 will use such de-
spatch as to make your arrival at the place of
trial sure before the trial comes on; and he
trusts you will keep him informed of what
ever occurs by means of Il correspondence
through this department.
have the honor to be, Mr.. Attorney Cen,
your obedient servant,
DANIEL WEBSTER.
Hon. JOHN ]. CaIrrENDRN,
attorney General Of tie U. &afss.