Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-10-04

Understanding these principles alike, the difference
between Tie two Governments, is only whether the
facts in the Of the "Ca.olme make out case nf
such necessity fer the purpose OF sedefence. See
inc that the transaction not recent having happened
in The time OF Of his predecessors; eng that your
l.ordship, in the name OF your Government, soemny
dec res that Slight dsfesprct was intended 10
the sovereign authority Of Tie u ST. seeing that It IS
acknowledged that whether us;iahle not, there
was vet a violation Of tie territory Of The u. s. and
tLat YOU are instructed 10 say that your Government
considers that as most serious occurrence; seeiDg,
iuplly tlat admitted that PLANTATION and
apology for this violation vas due at The tnr the frr-
sident IS content 10 receive these acknowledgements
and assuran.es the concia,ory spirit hch marks
your Lordshps letter, and will make tins subject as
complaint of violation Of territory, the topic OF no
! further discussion between The two Governments.
As TO that part of your Lordshps note which relates
to other sprnging out of the of the
| " Caroline, with which occurrences the name o!
| Alexander Mcleod has become connected, | have 10
saw that the Government oil the United States entirely
adheres 10 the sentiments and opinions expressed IN
the communications from this Department 10 Mr. Fox
This Goverrmrn; has admitted TINT for act, cam.
pllted by The command ui his sovereign, jure bt
Individual cannot be responsible Ike ordinary courts
Of another State. Ii would regard it rs high ndigny
If cit Of its own, acting under lis authority, and
b. its SD. cal command, in such cases, held 10
answer in municipal tribunal, and TO undergo punish
men as if tho behes,s ofhis Government de-
fence tr protection to him.
But your Lordshp is aware That IN regular constitu
ona Governments, arrested charges of hgh
crimes can only be discharged by some judicial pro-
cccding II is so in England, it is in the colonies
and provinces Of England. The forms CT judicial pro-
ceedngs differ in different countries, being rapid
in soma and more da,ory in others, and II may be ad
died. generally dIlatory, orat least more cautious
in cases affecting life in Governments of strictly
limited than in those of more Unlimited charac,er-I
1t was subject OF regret that the release of Mcleod
was so long delayed. State court and that not of the
hiehes, jurisdiction, decided that on summary appca
ton, embarrassed, it would appear, by technical DIFF
icues he could not be released by that court His
discharge, shortly afterwards, by jury 10 whom he
preferred 10 submit his case rendered cessary the
further prosecution of the legal question 1t is for the
Congress Of the United States, whose attention has
been called TO the subject to say what further pro
visions ought to be made 10 expedite proceedings
in such cases. and, in answer to your Lordships
question towards the close of your note, | have to
say that the Government of the Uned States holds
itself, only fully disposed, but fully competent
TO carry into practice every principle which il avows or
acknowledges, and 10 fulfil every duty and obligation
which i, owes TO foreign Governments, their citizens
or subjects ! have the honor to be, my Lord with
great consideration,
Your obedicnt servant,
DANIEL WEBSTER
Ashhurion .yc