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

self defence--ss sa employment Of force
for The purpose Of defending The British
leri org from The uBprosoked attack Of
band Of English rebels and Anerieans;
or whether. ss .hr g0seEnmeni Of The
United SAFES regards u, % was . most
unjusiifstle Invasion in time OF peace Of
lie territory az the United Stases- This
subject 10 not ronBecled eiih that nos
under discussion. Nor 10 il necessary 10
inquire whether IN scl done originally
without authority from the g0vernmeni 10
exempt from the consequences Of personal
responsibility, by reason OF subseqBsnt
recognition Of IL By the governments Tor
M such case exists. The SeeEe airy Of
STATE. in hrs note 10 Mr. Fox. uses shs
following language: :. The government
Of ihs Uuiled States enierlains no doubt
that. after the syowsl Of this transaction
az 4 public transaction. authorized and
undertaken by The British suihorities.
individuals concerned IN Il ought not, BY
the principle Of public law and the general
usage ol civilized states. 10 be holden
personally responsible in the ordinary
tribunals Of law Cor their participation IN
in" SO in his letter Of instructions 10
Mr.. Criiienden. he says: /" That m in
divldusl. forming pari oil q public force.
and acting under the suihoriiy of his GO
vernmeni, 10 not 10 be held answerabls,
as private irespssser or malelaclor. 10
principle Of pubic law. sanctioned By The
usage Of all civilized nations. and which
\ The government Of ihe Uniled Safes has
no inclination "a dispute" The inquiry
then il, 10 this doctrine. thus avowed and
acknowledged By The Secretary Of Stale.
sound doclrinei latin accordance with
reason, and sustained by anlhorilyl Or.
az is insisted by some senator's. Is u
opposed 10 The lsw Of nsiionsl isi,. and
ought il 10 be. rspudisled BY The rules o
public laai | propose 10 answer thi'
inquiry. BY references TO general scknow
!. lodged principles, independent OF pfece'
, dents: and then 10 sustain The views taken
/ by The American government BY undis.
puied suiborilies aud preeeden,s Of esiab-
! lished authority. And there are several
, views which nav be taken II The subject,
! each Of which is decisive.
Tbs exemption IRON personal response
. billy. in The ordinary legal tribunals. o.
] an individual under The circumstances
: stated in tie communication Of the Sscre
D tary Of State. 10 The resull or consequence
If two plain. reasonable, and wsll-esisb
! i'hsy are tYlo' following .e'.
1. The right oI every independent
0 acknowledged government. as between
!. itself and other governments, TO requir'
Z &c its own citizens the performances 0
|; acts deemed By il necessary or proper |,
i promote or project It's real or suppose
Q righs or interests. This right grows OF
4 Of lie recognised and admitted lndepsnt
a ence and sovereignty. Ii must judge f.
. itself what lis own hoHor or interest
require. subject to just accountability Z
!. other nations who may be affected by y
4. acrs. Ifihose acts are Unsuitable as again'
,e the whole world. then il has violated u
/. Law: If uniusiifsble, the law which ha
!. been violated is The law of nations, whicl
provides the redress the injured nailnI
: nav seek. Bul whether the acts requires
!. 10 be done are, in respect 10 other nations
q lawful or unlawful; whether they az
: Unstable or not in the view OF the la'
n OF nations, are inquiries which the eitize
{ upon whom the requi,ilion is made
answers onlv to has own Government
Y With such questions. so far as they relai
c to The duty of citizen acting under ib'
i authority and by order Of his Government
J. as part of a military force. other govern
!, lnents cannot iniermeddls. In respect 4
$ him and foreign governments. the aathorl
{ " to make the reqpisiIion is complete
4 lfil were not so. every government, whose
. rights we're invaded would be at liberty
a 10 iudse a. 10 The duty which the citizens
4 Of other governments owe to their owl
4 supreme authority. Each would have
/ The RIGHT to determine for another indie
pendent government, the extent oil III
nower over It's own citizens; and so there
would be practically IN end Of the snve-
, reisnly Of every state; and. following ou'
/. the doctrine tn its. legitimate results y
!, would empower any government whG
should be in open, solemn war with
: another, 10 regard and treat II II 50
/. pleasetD all whom It took in arms as
i ,respassers. wrong -doers, and naleiaclors,
and subject them TO the rules Of municipal
!, law, and 10 The ordinary tribunals o.
e ius,ics: for if the nation invaded can loes
!. beyond the nation invading, and lrea
4 individuals as private respasssrs, they
! can do i. ia all cases, whether that oil AZ
4 isolated act of force, or that oil an imper
!. feet war, or that of solemn war precede'
!. by a declaration Of hosalities. They
!. can ,ry as criminals all prisoners oil wal
4 and. if found guilty, execute them a
: nriys,e malefactors. Such a .doctrin
~ woul.! be as sbhnrrent 10 sound rsaso
, as i, is opposed to all authority. |. fol
lows then necessarily. IRON these con
j .ideralions. that if military force
n ordered to be organized by legitimate