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

with being sni.ng ia American spirit and
irmaess: with esincing a spirit OF fear. =
likennneeesssry and discrrdilable. InIhis
view, the discussion Is one n paramount
interest. and | -eliese il uil result. as
o,hsts OF like character hate done, in
shding snniher lauFel 20 The brow Of him
vho. while his mt has esrr been
/" Equal and exsci justice ioall nations"
la. ~ Connection with il. pracused upon
another. equally significant and pairiolic.
!" Our country. our whole country. and
nothing bul our csuplfy." 80
Befors | proceed 10 consider the topics
!. which have been embrseed in the present.
debate. aud With have been elab0rsiely
examined and eonsldsIed. wish 10 sub.
mt two preliminary remarks. One Is.
that il il should be thought infelicsle 10
introduce this discussion. under existing
cifrumstsnces. the friends Of The present
Administration are not srcouplabls Tor IL.
II 10 well kaown thsl the msuer of The ar
rest and Indictment OF Mcleod Is now
pending before The Supreme Courl Of she
stats Of New York npOa habess corpus.
prayed onto procure his discharge. The
case hss been argued before that soart.
The discussion al The bar has closed. The
case remsins fcr adjudication. and is We,
undecided. II, then. IL should be suppos
ca thsl debate here. upon Tie points u
ready argued, bat nol decided. is out Of
place. as having tendency Improperly
10 interfere with matter under Judicial
Amusement, and especially A. no praeii-
cal result having any connexlon with the
! interests or honor Of the country would
! follow from The debate, in as much a. no
/. scion from the Government 70 invoked,
J il should be remembered that il Is The
work OF the opponents Of The admiuistra-
lion. and for which they alone are respon
: sib.e. We have not sought this discus
. sion. We have said nothing which shoul,
j. provoke IL. Whatever Of real or sppar
: ent improperly there may be in inrohuc
9 ing il, il is r. be attributed 10 those wht
act on The onensise--noi 10 US, who &C
! ON The defensive. The other preliminary
c remark il. that the eGecf-ihe necessary
, consequence of the doctrines advanced By
i the senators from pennsy lvanis and Sou,I
!. Carolina, is 10 relieve the British Govern
g nent from the responsibility of ordering
4 an armed force 10 assemble, and, in tin,
: &c peace. 10 make an unjusIlhable and on
!. authorized entry into our ,erriiory; and u
Inidual: 10 sbsolre The only ft ysissa. v
a pariy--.he nation which avows the aci a
: having been done BY its authority. an
o assumes The consequences Of il--snd 4
!. seek redress by asking state court 10 ~
n dsr The Individual who did the oiieasiy
acI (if irgaily ccnv;cied) TO be execu,el
y sHd when this Is done, the national hono
|. has bten sustained. the national wron
{: may be considered as redresstd. | AZ
lie sware that this is not admitted 10 be
10 legiumaie consequence uf the doc,rih
II assumed. know il is said that the u
o. medies are cumula,ive-lhat the govern
10 menl ami the individual are both respoI
Mt sible-the one Tor ordering the &C, To
o. done. and the cher for performing d
4 But think il will be fund that il IL I'm
$, possible, in the present case, 60 unite IN
5. diyldual with national responsibility
of that no precedent can be found fnr hold
rs ing Mcleod liable as an individual. an
IN hanging him as malefscIot; aud at ih
ct same time booking TO The British nsilcl
as for an indemnify for the consequences q
il the act as done by her authority. and TAX
j. ing such measures as honor and duty ma
:. require To obtain suitable repsraIlon. I'll
,e senator liom South Carolina argued TIA
Il, this was like the common case Of pfIuel
5, pal and agent in relation 10 torts or crimes
{. both OF whom, he said. were liable
q. wrong doers. As TO the municipal law Q
lie principal aud agent, noIhingis clearer thai
: that, in civil cases. as 10 contracts. III
e agent, who does not voluntarily incur
y personal responsibility, is not liable whe'
a. acting as agent, II be acts in behalf 81
II known principal; and as IL toris, he IS no
81 responsible. IL he acts under an suihuri
N " which the law requires him 10 obey
h or presumes that he cannot resist. Thus
y in the case Of husband end vile, she Il
Il in general, hot liable if she commits tres
a. pass in presenoe of. and by command Of
N her husband. So, ton, he who acts nnde
IN the order Of legal tribunal, in executing
| criminal convicted Of murder, is justified
II The reasonable principle is applied. iha
r. there il no free agency. But | am anti
is cipating VIA, have to say on The subjeC
A. Of individual liability. refrain, for III
n. present. from pursuing itlur,her. and on
lie lv add, that the issue should be presen,e
le fairly TO the nalioo. as il really exists; a
$. one IN which the administration ask an
in insist upon the responsibility Of the y
" vernment OF Great Britain; and their or
is ponea,s. looking away from that Covers
or ment. fix tina, responsibility upon McLeo
$. alone. Such is The case presented to II
re American people. They vii iiad n
to difficulty in making up their opinion uI
IL on it.
as With these predatory remarks, | procee
n ~ cnrsitier the matlqrs which have bae