Mobile daily commercial register and patriot., 1841-06-14

mediate release of Mcleod or the unhappy conse' quences." It asserts that the British government, cannot for moment consent to recognize any other party to this negotiation and demand than the federal government, representing the aggregate union, nor ment reason for noncompliance to wit that it's inst
 utons give it right to interfere with the proceed
 ngs of the Judicial tribunals of the State of New York. It reterates his former offensive expression. of "American pirates," &c. and states that Hei Majesty's Government have fully approved of all that has been done by her Minister at Washington The demand for release and the grounds for it are se forth in these words-
 | "And the undersigned is now instructed again to demand from the Government of the United States formally, Tn the name of the British Government, the
 immediate release of Mir. Alexander Mcleod. | The grounds upon which the British Government make this demand upon the Government of the Uni ted States these: That the transaction on of which Mir. Mcleod has been arrested and is to be put upon his trial transaction of public char acter, planned and executed by persons duly empow. cred by Her Majesty's Colonial Authorities to take any steps and to do any acts which might be " for the defence of Her Maestys territories, and for the protection of her Maesys subjects, and that consequently those subjects of Hei Majesty who en- gagged in that transaction were performing act of public duty for which they cannot be made personal
 y and individually answerable to the laws and trbu- nals of any foreign country
 Mir. Webser's reply occupies tive columns and a half of large newspaper, and we are happy to ad- nit that it is couched in language, spirited than we were prepared to expect. As Mir. Webster s
 first state paper, the docement is interesting well as from the subject matter. As diplomatic per- formance ii is too long, to minds not sufficiently clear, in many of its parts disengenious. faltering in others, and savorng more of the palatng argu- ment of lawyer, than the lucid and direct expos- ton of state sman. He treats the British menace with proper and diguifed alluson the power and of his country, although it appears be ugged in make up for the concessions the Brit ish Government made in other parts of it.
 The following extract from Mir. Webster's yolum- inous reply we copy the git of it, well spe- cimen of his style:-
 The communication of the fact that the destruction of the "Caroline was an act of public force by the British authorities being formally communicated to the Government of the United States by Mir. Fox's note, the case assumes decided aspect.
 The Government of the United States entertans doubt that after this avOwa of the transaction public transaction, authorised and undertaken by the British authorities, individuals concerned in it ought not by the principles of public law and the gem era usage of civilized States to be holden personally responsible in the ordinary tribunals of law for their participation in it. And the President presumes that it hardly be necessary to say that the American people, not dstrustul of their ability to redress pub lie wrongs by public means, cannot desire the pnnish ment of individuals when the act complained of is declared 10 have been an act of the government tse
 2.o .fta ftad date nf Mr EnvB tion given the Attorney General of the United States. from this departments by direction of the Pres ident which fully forth the opinions of this Gov ernment on the subject of Mir. McLeod's imprison- ment, copy of which instruction the undersigned has the honor herewith to enclose.
 The indictment against Mcleod is pending in a state court; but his rights, whatever they may be, less safe, it is to be presumed, than if he holden to answer in of the of this Govern ment.
 He demands immunity from personal responsibili- ty, by virtue of the law of nations and that law, in civilized states, is to be respected in all courts None is either high or so low as to escape from its thority, in cases to which its rules and principles ap ply,
 This department has been regularly informed, by his exceency the Governor ofthe State of New York; that the Chief Justice of that State assigned to preside at the hearing and trial of McLeod's case, but that, owing to some error misakein the pro- of summoning the jury, the hearing necessa riy. deferred.
 The President regrets this occurrence, as he has desire for speedy disposition of the subject. The counsel for Mcleod have requested authentic evil dence of the avowa by the British Government of the attack on, and destruction of the Caroline as acts done under it's authority, and such evidence will be furnished to them by this Department.
 It is understood that the indictment has been moved into the Supreme Court of the State by the proper proceeding for that purpose, and that is competent for Mcleod, by the ordinary process of habeas corpus, to bring his for hearing before that tribunal.
 The undersigned hardly needs to assure Mir. Fox that tribunal eminently distinguished for ability and learning the Supreme Court of the Snte of New York may bssafely relied upon for the just and impartial administration of the law ip this well in other cases ;'and the undersigned repeats the presson of the desire of this Government that de- lay may be suffered to take place n these proceedings which can be avoided. Ofthis desire, Mir. Fox will sec the evidence in the instructions above referred
 The admission by Mir. Webster, that the invader of the soil and laws of New York, in time of pro- found peace, is not responsible to the tribunals of justice of that Statc since the act has been ayowed by the British Government, is an abandonment of the high ground taken by the late administration. That ground was expressed in tho following words
 
 of December last. Mir. Forsyth said
 "If the destruction of the Caroline was a public act of persons her Msjestys service, sbeying the order of their superior authorities, this fact has not been before communicated to the Government of the United States by a person authorized to make the admission, and it will be for the Court which has ta- ken cognizance of the offence with which Mir. Me- Leod is charged, to decide upon its validity when le- galIy established before it.
 The New York Post states the argument as fol- lows, and we entirely concur in it.
 The true argument, it seems to us is short; if Me- Leod voluntarily invaded the territory and law of N York, he should be dealt with according to that law; if the act was done under the command of the Brit ish Government, it will go for what It is worth before the courts in which he is tried. But in the latter event. it has other and higher relations. It is hos- tile invasion of the territory of friendly power, to be apologzed for instantly r tobe rcdressed by those methods to which nations are accustomed to resort
 Mr. Webster admits that if Mcleod was now im- prisoned under process from s. Court, the Pss- sidcnt would, in view of the avowsi of the British Governmens, order noils pressq to be entered and discharge the prisoner-but that as the cause is in State Court, the Generai Government has not power to interfere in ti,at shaps-but Mir. w. undertakes to pall;aie the conduct of the Stats of New York, andsO show every willingness to sccede to the de- apnd of the British Governmenf--he disinsennously intmaies that Mcleod is confined on civil as well as criminal proceas, and se Astorney General of the United States is sent to sctss Auoraeyio Tor the Brit.