The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-07-08

poses. and engage in lhs objsrs q surh
orgsnznion. This 10 ibs righ Of The
government.
2. The corresponding DEFY o. eteJi-
enee by The eilizsa follows Irpm ihs sizl.i
Of bis govrrnmsni 10 require obsdisnes.
OIhsr naiinns esnn0l inquire shrsher she
einzrn j. nRdsr an ebligali0n 70 obey the
order Of his owa soysrnmsni. OF shssher
he couid be lasfaily required 20 aid 40
The Performance ar the acts dsmsnd<d o.
him They masl treat his participation
in them a. daily he owes 10 his gosern-
neni. lie may or be may not slsnd
excused 10 his own government Cor dis
abedisnee; bat - !, regards al others. IL
he performs the required acts. he does 90
more Than what hls duly 10 aid his o~n
country requires and ius,l6rs. This dssy
or right 10 engage 10 these acts lolloss
from the command OF his governnen.
which be must obey. n. ihrn. an armed
forcs Is directed by one nation % DO
raised 10 act upon another nations shs
citizens oTlhe former are under obligation.
so FAR as all foreign nssiuns are coneerned.
70 become . part OF such force. aud 10
engsge in tbs objects Tor which ihsy arc
organized. This is The duty Of fhe eiii-
Gems.
From these Two principles the follow
ing inference or conclusion is dawn, 90
beiag necessary, inevitable. and juss. viz.
that such citizens farming pan ol such
an organized foree. and sciing under such
national sulhoriiy. cannot be held 10
answer for their acts, performed under
that authority. IS private wrong-doers or
malefsctors. Such resul. follows from
The admitted principle Of the right Of the
government 10 exact obedience, and the
i corresponding duty Of the ei,izrn 70 yield
H.. The performances Of the act Is de-
{ manded Of him by lawful authority. and
5 obedience becomes duty. The discharge
/. Of which never can or ought 10 make him
: liable as a lrespasser who commits q
4 wrongful act OF his own free viii and upon
I'll. own responsibility. Indeed. II this
: be not just inference, these two con-
| sequences would eDsue. both of which
would be reeudissed BY tiIe common
understanding. justice, and Laws Of all
civilized nsnons. 0ne u. that whsneser
( one governmen, employs force in support
. Of lis preIeasions against another, The lsi-
|. Ter may Judge for itself - 10 the right TO
e uss .ha, force. in respect To the citizens
!. of The former, aud treat them az pefsnpsl-
!. ly or individually resPonsiblsfor The acts
Of their goyernmenl--a doctrine which
!. hnGs M supPas s.-.-v from any
n writer en the Law Of nations. The second
Q is, that the ci,lzens OF one nsiion, requir-
Il ed by iis authority 10 engage in hostile
o ssis against another, would be liable 10
d be punished, perhaps put to death, Tor
NJ refusing 10 obey the order Of their own
D. government, il they declined obedience;
,r or if they should obey and be taken in
Is arms by the government against whom
% they were employed, the latter govern
Is ment would be at liberty to execute then
), as malefactors. So that, whether they
10 obeyed the call Of their country, and en-
IS gagged in acts of force, or refused obedi
h ence to the requisition made upon them,
n they would be equally exposed to the pu.
4 nishment Of death, from which they could
J, moi escape except through the clemency
. Of the nation who should have them in
y their power. II surely cannot be the law
a of nations that such can be the position in
?, which any citizen can lawfully be placed
/. So far from it, that law, while it holds
e the invading nation to a Just responsible.
g ty for its unlawful acts, exempts from in.
/, diyidual responsibility, as private wrong
doors, her armed citizens composing a
) military force from the consequences Of
/. the acts done under her authority and by
!. her direction.
. The poin. now under consideration
! may be viewed in another aspect, which.
. tits believed, will evince that the opinions
a expressed by the government Of the Uni-
9 ted Ssstes. ara founded on the highest rea-
. son. The scl Of the Qussn's govern.
$ ment uhich authorized The ,rsnsac ion in
} which Mcleod was engaged, made that
transaction national one, and therefore
the attack on The Caroline 10 considered
, as an act of that government. which is re-
, gardei by Us as an unjus,itiabls invasion in
! time of peace Of our territory. and di-
, rect infringement Of our nstionsl sovs-
) reign,y, and. assuch, one which may jus
, tifs reprissls. or even general war, il the
4 government Of the United States. In The
{ judgment which j, shall form ollhe trans,
/ action and Of its owe duty. should see
1 Ct. or think proper so TO decide. And i
! il be sound doctrine, by whs, RICH. can
A. We treat the subjects Of Grsa, Britain 60.
: gagged in this interference. who may have
fallen into OUT hands. as trespsssers, OF
' liable 10 ind,s,menli If the Transaction be
/, one which may justly be treated by Us IS
4 an &C, Of open hostility. those who wers
q smployed 10 i, were open enemies; they
N were engaged in an ACT equivalent 10 al
/ &C, OF war; they we're acting in hostil
y movsmen,s under competent suiherily
is aud whether il be an isolsted set Of var, O
E, preceded BY demand Cor ssparssian, o
!. A..