Vincennes Gazette, Volume 11, Number 2, Vincennes, Knox County, 19 June 1841 — Page 1

fm W W9 pss

IE IIS

-5 sfcftrV "TRL'TH WITHOUT TEAK. VOLUME XL VIXCI-XNES, TXDIAXA, SATURDAY 3IOUN1XG, JUNE 19, 1811

5AV sra erase?

5i & fnimS ryrs"

liiliiomatic Correspondence. Fxom Documents accompanying the President's Message.) Jr. Fox to Mr. IFebster. Washington, March 1, 1811. The undersigned, her Britannic Majesty's Envov Extraordinary and Minister Plenipotentiary, is instructed by his Government to make the following official

ommumeation to trie uovcrnni-ini 01 ins United States: Her Majesty's Government have had mler their consideration the correspondence which took plaoo et Washington in December last, between the United States Seeretrj-y of State. Mr. Forsyth, and the

undersigned, comprising two official letters j , " i 1 . " f. I" ,1, .1

trom the un lersigueu io mi. .h;; i,m ''.-j t i0v

tho i:Uh and 2Jth ot Decern -or, au.i luo official letters from Mr. Forsvth to the undersigned, dated the OtUii an 1 oOth of the sanri month, upon the subject of the arrest and imprisonment of Mr. Aie.'.aad.'r McLeoJ, of Uppr Canada, by the authorities of the State of New York, upon a preten do 1 charge of arson and murder as having been engaged in the capture and destruction of me steamboat Caroline, on

the 2lth of December, 1S37. Tho undersigned is directed, in tho first place, to make known to the Government of tho United States that her Majesty's

Government entirely approve ot tne course

with foreign Powers ara concerned; and that foreign Powers, in such case, instead of accrediting diplomatic agents to the Federal Government, would send such agents not to that Government, but to the Government of each separate State; and would make their relations of peace and war with each State depend upon the result of their separate intercourse with such State, without reference to the relations thev might have with the rest.

Her Majesty's Government apprehend I

that the above is not the conclusion nt which the Government of the United States intend to arrive; yet such is the conclusion to which the arguments that have 1 en advanced by Mr. Forsyth necessarily lead. But, be that as it mav, her ?vaie3tvs

mm-Mit 1 ;r:nudv ut.r.t;'.!, m tithe

groun Is already stated, the immediata release of Mr. McLeod, and her Majesty'? Government entreat the President of the United States to take into his most de liberate consideration the seriou3 nature of the consequences which must ensue from a rejection of this demand. The United States Government will perceive that, in demanding Mr. McLeod's release, her Majesty's Government argu"1

tor murder

n comni.t

unon the assumotion that lie was one of

the persons engaged in the capture of ths siainbcat Caroline; but her Majesty's Government have the strongest reasons fir b e-

1 t'nat Mr. McLeod was in; in

ted in t:;at attack, oug.it to be released such proceedings as ara usual and ere suit able to the case. The President adopts the conclusion

that nothing more than this could hn"b been intended to bo expressed, from the consid

eration that her Ma'er-tvs Government

must be fully aware that in the United States, as in England, persons confined

under judicial process can be re

from that confinement only by judicial " r, I .i f It r. ... , r t r , ' f I . f" Tin.

der-igncd sunooses. can the arm of tho Ex

ecutive power interfere, directly or forcibly, to release or deliver tho 'prisoner. His discharge must he c-.light in a manner enf .Tii'utble to the pr'neinles of law and the proceedings of courts of judicature. If nj indictment, like that which has been four. 1 airainst Alexander McLeod. and m: der circumstances like those which helonto Ids case, were pending against an individual m una of the courts of England, there i3 no doubt that the law cilice r of the Crown might enter a nolle prosequi, or that the prisoner might cause himself to

be brought up on habeas corpus and dis-

which fully set. forth the opinions of this necessity of maintaining Government on tne subject of Mr. Mc and danVroiw rstablishir.

The indictment against M"T.e,d non,

: i !-,.' V .use 1)1 al1 PPCT means ot prevention, o;

.. . uuc . l3 r,,..M, wi ..nt- and th,u if offencC8 cannot nevertheless. ever tiev may He-1, ara no less saf it is tj iQ . i .i V i in Ko t.-..a,;.,n,r .u, ;r be aiUa.vs p.-evented. the offenders shall

14 WL., Ji(Jiu.-u to stl; be ju?.v nin;5lie(i. all these re-

answer in one ot the courts ot this

such. expensive remembered that the prune mover- f

t.W i-nnrnmonf n ,- ,,r , c :u . iim.ni. .u u.ai mesa uuiruances on me noruers are sub-

frn,.;,n r!c;.T,,D,i 'i..., i" " " fcxpec.pu irom eiiner uovernment jectf ot the ueen, who come within the

.... .........o. wv,. iiio J.oji'.jr in Ihrao n-er J f..;.u : ,1 I , r rr i . .

imr, r,-:.!, t,-, r.n,in,n gu,, ldli, d siucc.c .u.uuuci oi me united states, feekini

f .sue iu preserve peace ana uo justice, me uj enlist tne sympathies of their citizens,

all the motives which they ar able to

address to them, on account of grievance, real or imaginary. There is no rea

son tO belieVR that t irrn rC

C ; J I I ""-'j," i u nus-

He demands mtnimii fr,, v - " l"u i""'-- - -b-..-. tuuiiuwuceu wim cti-

V.hMif,- in- IV .r : tiC3: zeus ot tlie United States. The true on-

i' ... ,nnio i.i i u:c l-.. OI ii;i-l ! M;,i. .". ( . 1 1 C , , .

i .s. . ; . i- i r, .fjcsiy s viucr;iineuv die ncwcu, ot oucu purposes anu such enlernn-

liu.i . , ;u!i i hhil jaw, iu civilized r"r.iLe i? i . , n i . , - , - .. i

- i ' 'I " . - w vri ilia. IIUI

-OIIO 13 ...l.r, ...lit. - . i.. Iha I'ro.ilonl'. 1 . . . T . .1

eit.ier so tugh or so low as to escape from 1 ... : ' .i r .1 . ?

iro o.j.Uorift- !m 0 ,., i; 1 1 1 c,Iodcl1 111 ai iDsujrtci.oii agdinsi wic 1 udg. siuus ui ujh laws, is not on that

.............. .v ...tuo HiuitfS ttllU rlch r.nmm.m .,a A niuric-in . Uppnnnt l.n T.

r-i Q3 " .... t.l Lma i n ? i n t I n H V in r r 11 Cs f .x l ; 1 .1

liio department has been regularly in-Jlhe proprietv of this desirnmtion. If cit- provisions of existing laws, but in full

iviiuo.i uy i.i w.uv.-utrucv, cneuiovernor oi ..r .1 .: tt-..i o ..... nl,.nann.,n.. ...u. .1. ,...-.i:.

,T C. . V "i- I " 1 1 ..... ,lL.l-5 Ol lil- UIlllCU -ld,CU UUtU Will, UI I WIUUIIOIIIC II ll.l IIIC I li.JLIIltl.EU III II1CI ;i3 I!1P rUilrt r.t cv 1 nrL- fhof ...-.. ...o . - .. I ....... '

r, . c. -. v-ii.v x ju, tt.ere cgarrgj , fitunpr out, a military l an J practice ol tins Government tlCO Ot that Sfstf) w;l ni--.i(rn-l tf nrocu rt I .. . .c . -. .1

. . ' t " . 1 . . . t , . , . . ( 1 1 i . . . i . , . . . i . -1 .-!., i I tl .... . -r . . .

.itf ho liP.nrinfT.omiirtni t r . o ve rn inert i oi me uniieu ctatci

, . , ' eu to act against me Lruiii uoversmfn

y.it lutiL, v..i.i.j- l'j c?.'iiiL- eiior or iiiislhkr

eminent

res

iment has not, from the first, fallen into the

pursued by the tm Jersign - 1 m mat corres-1 fac ensraged in taat transaction: and

t!U

nondence, and ot tne language aaopteu by un e

him in ths odidal letterj ab.ive mentioned.

And the un lersicrned is now instruc

ntfain to demand from the Government oijher Mc

the United States, formally, in the name of the British Government, the immediate release of Mr. Alexander McLeod. The grounds upon which the British Government make tins demand upon the Government of the United, State? are

these: That the transaction on account of

whi?h Mr. McLeod has been an ested and is to be put upon his trial wa3 a transaction

makes no diden

temaiienrd nuc."

ot a public character,

ted by i'"rs ?ns duly

danned and execu-

bv her

empotverCa

M-ijestv's Colonial authorities to take any

. i i r . i

step? and to do any acts wmcii nugui oe n-3C'jsaarv for the defence of her Majesty's so hi Acts; and that consequently taose abhets of her Majesty who engaged m the transaction were performing ae. act ol

p.ibtic

triounals oi tmv 1 . r J n

rne.l is Hereupon mstrurtea to say

U although the circumstance it 'elf

.nee m tue poj;t;cat anu m-

iu' -liu.i ici-, ..i!'i t: . i i l

jest ,-'s Governm'n.t do not demand

McLeod '3 release upon th" ground that iie was not concerned in the capture of the Caroline, but upon tho grouri! that fh. capture of the Caroline was a transaction

barged, if his ground cf discharge should0 fif

be ad i ud -.re 1 suiiicicnt, or t':

prove tne same tact, ana

tearing was necessarily deferred

The President regrets this occurrence, he has a desire for a speedy disposition

:t he 1. 1. gut insist on the

rt-.r, i i ..i , w . t. ..r r.v!.nt'iT:nti o'l ii rri'M.

.i. ii., ui - . ........

!1 tlicse are legal modes of proceeding.

mown to tho laws an.i tract;?c ol

both countries. lh:t the un-'orsne.i does not sup.we that, if r.v:ii a case v.-ere to

i in Er.g'.r.:: 1,

oieet.

'.veil

7'Vt'v !. )i r -i iTi't oi t:'IO

citivo Go

:rfVl.

a puu::c ct;a:

;r.

or v

cii ta-.

P? i

;ai:not incur private an

persoi.au y an 1 the l.-iAs and Tn ? tran-ae; be'ii, pi iit'i M opinion that it

tn-

ty tor which t iev cannot tie ma .ie , ) , it . ! ' . . .

t'uvv.t.'.any ansv, erac.a io

ion in q ihStVS (.

ic'tii'tn may have overnment are of

was, a i'l-tidahle employ -

mem oi nr.

ing tlie !:.:. ' i territi

oe,! attack

an.l American pirates, wno,

nf-miir-f arm and organize them"

witiim t.ie territorv c

for tiie I'trpose cf uotenu-

rv Irom the unpro-

and of Iritih rebels

lia mg been them?:lves

he U. -1 Statec.

iai actually invaded and occupies a por

tion of tiio territory of her M'je-ty, or it may have been, as alleged by Mr. horsy th

in hi note to the undersigned, oi itie Jotn .f December, "a most unjustifiable invasion in lime of peace of the territory ol tho United States." But this is a question essentially of a political and international kind, which can be discussed and settled only between the two Governments, and

which the courts of justice of tho State of

New York cannot by possibility have any means of judging or any right of deciding. It would bo contrary to the universal practice of civilized nations to fix individual responsibility upon persons who, with the sanction or by the orders of the constituted authorities of a State, engaged in military or naval enterprises in their country's cause; and it is obvious that the introduction of such a principle would aggravate beyond measure the miseries, and would frightfully increase the demoralizing elects of war, by mixing up with national exasperation the "ferocity of personal passions, and the cruelty and bitterness of individual revenge. Her Majesty's Government cannot believe that the Government of the United States can really intend to set an example so fraught with "evil to the community of nations, and the direct tendency of which

must be to bring back into tho practice of

modern war atrocities which civilization

and Christianity have long since banis;

sons t ngageu in it

personal responsmuity; yet the Go-,

mei:t of tho U.S. must not disguise from themselves that the fact that Mr. McLeod

was not engaged in tho transaction must no

eessanly tend greatly to miiame that national resentment which any harm that

shall be suffered by Mr. McLeod at the

hands of the authorities of the State of

Xew York will infallibly excite throughout the whole of the British empire.

The undersigned, in addressing the pre

sent official communication, by order of

his Government, to Mr. Webster, Secretary of State of the United States, has the honor to offer to him tho assurance of hi distinguished consideration. II. S. FOX. lion. Pa. nik i. 'Yi;LSTi;n, occ. Mr. JVthsler to Mr. Fox. Pr.r.iuTMENT of Stat:-:, V-'ashington, April 21, lS-li.

The undersigned. Secretary of State of the United States, ha.9 the honor to inform .Mr. Fox. Fnvoy Extraordinary and Minister Plenipotentiary of her Britannic Ma jesty, that his note of the 12th of March was

received and laid before the President. Circumstances well known to .Mr. Fox have necessarily delayed, for some days, the consideration of that note. The undersigned has the honor now to say that it has been fully considered, an 1 that he has been directed by the President to address to Mr. Fox the following reply: Mr. Fox informs the Government of the

United States that he is instruc tea to make

known to it that the Government of her

.Majesty entirely approve the course pur

sued by hiin in his correspondence with Mr. Forsyth in December last, and the

lanTuatre adopted by him on that occasion:

and" that Government have instructed him 'again to demand from the Government of "the United States, formally, in the

name of the British Government, the im mediate release of Mr. Alexander Me

Lcod:" that "tho grounds noon which the

British Government make this demand

upon the Government of the United States

are these: That the transaction on account

of which Mr. McLeod has been arrested

and is to be put upon his trial was a trans

action of a public character, planned and

; : n n

i

could b

uxor:

Even i

. i

' i , t 1 ' . . . 1 . . . . .-O ...... 1 . - i . 1 . i ! .. I 1 i . 1 i ,

in the process of summoning tho jury, the I " S uouou, eisewnere entertained, ol the true . 1 ' " - l4lJ i thf I3U nf I hp:r pnnn rv. anil PA'nnsnur Tini nf i , r t. i

. ... a. to .ii-iii vi hit uuutrs ui ncuiraiiiv. li iins themselves to the just consequences held that, however it may have been in which might be inflicted on them if taken less enlightened ages, the just interpewitliin the British dominions. But, not- tation of tho mudern law of nations is, withstanding- this, they were certainly, that neutral states nre bound to be strictly not pirates, nor does the undersigned neutral, and that it is a manifrst and fross

think that it can advance the purpose cf impropriety for individuals to engage in fair and friendly discussion, or hasten the the civil conflicts of other States," and accommodation of national dfficulties, so thus to be at war. while their Government to denominate them. Their offence, is at peace. War and pence are hih and

(whatever it was. had no analogy to cases national relations, which can propeilv bo

11

The counsel for McLeod

ave requested authentic evidence of the

avowal by the British Government of the attack en, r rid destruction of, the Caroline, as acts done under its authority, and such evidence wili toe furnished to them by this

ir.rtment.

it is un .icrstood

:at

le ui'

tme.nt has

a-een remov the Sta'e by

no con:

t of

per proceeding i-r that

supn

anv ;i!'re

caso of ambos

ister?, whose riuht to exemption Irom arrest is i:;rsoia!. rcmiring no fact to be asi - ...

;is and otiic-r public mm

d into tlie

. - I ':! t i. ' if. ' 1"

jo - . ----- r- - i ,

l the i P',r;-S' -b r!;d teat it n now comp'-tont for

j 'ieboi., by the ordinary j. ocess of habeas

corpus, io onrg nu case ior

certamcl but tne mere lact oi mp.omotic cliaracter, and to arrest vh.cr.i is sometimes mad a higid v penal offnce. if t.ie arrest he actually tna !?. it must be discharged by nMrdieation ' 'ho courts of law.

in bun,

learmg o3-

It is understood that Alls holden as well on civil

1 T

zander .:cIjOO

as on cramma

process for acts ahegea to have been don

oy him in the attack on tne Larohne, am

his defence or ground of acquittal must b

th same m both ca-es. ,-nd tins strong

Iv illustrates, as tho undersigned conceives

the propriety of the foregoing observa

tion; since it is quite clear that the Ex

ecutive Government cannot mtcrlere to!

arrest a civil suit between private panic

in any stage of its progress, but that such

suit must e-o on to its regular ludiciai ter

loinntion. If. therefore, any course dil ferent from such as have nw been men tioned was in contemplation of her Majes

tv s Government, something would som

to have b

Ml

exoectsd from the Govern

ment of the United. States as 1 mnble to he laws and usages

utie couP

e o

cf tho l.'nitec

i ;, iv ti n:ii lit. i t

Uites, and to v,-hicn tins ( iovi.vntiwtil can

not accede. The Government of the United States

t hermore. acting unon the presumption.

which it already a looted, that nothing ex-

tracrdinary or unusual was expected or r

quested of it, decided, on the reception of

Mr. Fox's note, to take such measures as the occasion and its own duty appeared to

require.

In his note to Mr. Fox of tho 28:h of

December last, Mr. Forsyth, the Secretary cf State of the United State, observes

that "if tii? destruction of the Caroline

vp ? a nublie act of persons in her .Majes

executed ti

ne i

oy

Neither can her Majesty's Government

admit for a moment tne validity ot tne doctrine advanced by Mr. Forsyth, that the Federal Government of the United States has no power to interfere in the matter in question, and that the decision thereof must rest solely and entirely with the State of Xew York. With toe particulars of the internal compact which may exist bet ween the sev

eral States that compose the Union, foreign Powers have nothing to do. The relations

of foreign Powers are wu.i the aggregate

Union: that Union is to them repreente..

by the Federal Government; and of that Union the Federal Go eminent is to them

the only orran. Therefore, when

fnroi-m " Tower has redress to demand

for

a

to it bv

my

wrong done

of tho Union, if is to the Federal

separate State

iMste Gov

ernment, and not to t;i

that such Power must loo!: for redress

for that wromr. And such foreign Pow

er cannot admit the plea that the separate State is an independent body over which the Federal Government lias no control. It n obvious that such a doctrine, if admitted, would at oner go to a dissolution of the Union .13 far as it; relation?!

1 bv persons duly cmnowerec

her Maiestv's colonial autnonties to ta,ve

any steps and to do any acts which might bo necessary for the defence of her Majesty's territories, and for the protection of her Majesty's subjects, and, that, consequently, those subjects of her Majesty who engaged in that transaction were per

forming an act of public duty, for which

they cannot be made personally and inui vidually answerable to the laws and iribu nals of any foreign country." The President i3 not certain that ho un

derstands precisely the meaning intended bv her Majesty's Government to be con

veyed bv the foregoing instruction.

This doubt has occasioned with the President some hesitation, but lie inclines to

take it for granted that the main purpose ef the instruction was, to cause it to be signified to the Government of the United States that the attack on the steamboat Caroline was an act of public force, none by the British colonial authorities, and felly recognised by the Queen's Government at "home, and that consequently no individual concerned in that transaction can. according to tlie just principle of the

laws of nations, be held personally answer

able in the ordinary courts ot ia w as lor a

private offence; and that upon this avowal of her Majesty's Government, Alexander

McLeod, now imprisoned on an indictment

tv'j r .-viee, oleviri'- the order of their su

authorities, tins fact lias not been

to tr.e tiovernmen

or

P

before c o 1 11 m unieat:

of the United States by a person authorize

to mako the a Imission: and it will be for

the court which has taken cognizance of

the offence with which Mr. McLeod is charged to dec: le upon its validity when

hvrallv established before it;' and adds

'the President deems this to bo a proper occasion to remind the Government cf her

Britannic Majerty that the case ef the

Caroline has been long since brought to

the attention of her Majesty's principal

Secretary of State for Foreign Affairs, who, up to this day, has not communicated its decision thereupon. Ifcis hoped that the Government of her Majesty will perceive the importance of no longer leaving the Government of the I'nited Stales uninformed of its views and intentions upon a subject v.'fiich has naturally produced much exasperation, and which has led to such grave consequences." The communication of the fact lhat the

destruction of the Caroline was an act of

public force by the British authorities be

ing formally communicated to the Government of the United States by Mr. Fox's note, tho case assumes a decided aspect. The Government of the United States entertains no doubt that, after this avowal of tlie transaction as a public transaction, authorized and undertaken by the British authorities, individuals concerned in it

oug:,t not, bv the principles of public law and the general usage of civilized States, to be holden personally responsible in the ordinary tribunals of jaw for their participation in it. And the President presumes that it can 1 ardlv be necessary to say that

fore tha

r IM 1 1 t t n

1 im !::Hf.- ,."ii3.i i.ar.ii v nee is to assure

.Mr. Fox that a tribunal so eminently distinguished f: r ability and learning as the

supreme court of the State of Xew York

may be safely relied upon for tlie just r.m

impartial ad.n:ni-d ration of the law in this

as well as iu other cases; and the undersigned repeats the expression of the desire

ol this Government that no delay may be

suffered to take place in these proceedings

wmch can be avoided. Of this desire Mr. Fox will see evidence in the instruc tions above referred to.

1 tie undersigned has now to s:gmly to

Mr. Fox that the Government of the U.

Slates has not changed the opinion which it has heretofore expressed to her Majes

ty's Government of the character of the

act of destroying the Caroline. It does not think that the transaction can be justified by any reasonable applications or construction of the right of seif-

defence, under the law of nations. It is

admitted that a just rigid of self-defence attaches always to nations, as well as to

it 1 1

injivamais, and is equally necessary tor the preservation of L:rb. But the extent

judg-d of

of this right is a rrip.-yion to be

oy me circn..int-Miee3 01 eacn particular

case: atvl when its e.heged exorcise has Led

to the ci.'iniiii.'don of ho-tiie acto within

tho territory of a Power at pea.ee, vj

dhing

less than a clear and ubs.dute neces-'ity can afford ground of justification. Not

having, up to this time, been made ac

he views and reasons, at

length, which have led her Majesty's G ov-

r run. '.'nt to tuniK tne destruction ot tae

Carevno ineffable as rn act of self-de

fence, the undersigned, earnestly renew

ing tne rem mctranco ot tins Movernmont

against the transaction, abstain-"!, lor tlie

present, from any ext-m led discussion cf lie question. But it is deemed proper.

nevertheless, not to omit to tnKS some no tice of the general grounds of justification

stated by her Majesty's Government in their instruction to Mr. Fox.

Her Majesty's Government have in

structed .-.ir. tox to sav trial tuev are ot

-pinion mat tae transaction wmch terminated in tho destruction of the Caroline

ol piracy. Supposing all mat is alleged established or changed onlv by nation

agamsi nietn to tie true, iney were taxing themselves. art in what they regarded as a civil The UnilcJ s,alM ,J3VC tho Tjlf as0f

V 7 1 , 1 , ,7 lll3t ,he fa!,Jla'y doctrine of non-mterven-side ol tha rebels Surely, Enghnd her- lion b one nalion of t,je alFjirs ( f n.icra seil has not regarded persons thus engag- ;a i;-ki tn i ,:... - , -r

1 . . I 1 Tl I w v.viiitiuii llll j'all LUi II. o 1 1 '1 c 1'f.ieari'innr llr nic! lo'inn i 1 1 1 I liar i 1 1

rr ..v. wlllle llie Uovernment rsfra n from in

if ; t . i , . i i -

naiesiy a iicramm ut-tiows on mcso herference. interfprpnoi l!nr.,l t ;,-

citizens of the United Sutes. Uubiects. indi vi,!,,-,!.- I F ; m,B.P. i,

It is qui;e notorious that for the great- may happen) indecjf iat perions mav est part of the list two centuries, objects rhoH5e lo ,C3Ve lhejr rmint CrIiIrate

oi me Hriusn uown nave cevn ptrrrm- ulIl0r reeil)ns and set;!fi liiemsVri, nn

to engage in foreign wars, both na- nculuvated lanes, in the fprrimri I,-.

tinr.al and civil, and in die latter, in every or,,;i;fT (o o:lCr stMr-s. Thi nnni

, . i t . I c a - ... .,,w.

s.agpoi their progrees; and yet it has not pteveilted by governments which allow been imagined that England at any time lha emigration of their smbjrrts and citi-

zeni-: and sch persons having volunta

n.v aLiinuoiieu incir own coimtry, j.aTfl

was a justifiable omtdoyment of orce. for

noruii i:io ui iuii n,-

purpose oi dc

the American people, not distrustful to)

tee if ability to redress public wrongs hy public means, cannct desire the punish

ment of individuals when the act com

plained cf is declared lo have been an act

01 t,io

iovcrnment i

tself.

Soon after tlio date of Mr. Fox's note.

an instruction was civen to the Attorney

th

bels and American pirates, who. having

been "permitted"' to arm and organize

themselves within the territory of the U.

States, had actually invaded a portion of

the territory of her Majesty.

Tlie President cannot suppose that Her

Majesty's Government, by the use of

these terms, meant to be understood as intimating that those acts, violating the

aws of the United States, and disturb

ing the peace of the British territories, were done under any degree of counte

nance from this Government, or wero re

garded by it with indifference; or that, under the circumstances of the case, they could have been prevented by the ordinary course cf proceeding. Although he regrets that, by using the term "permitted."

a possible inference of that kind might be raised, yet such an inference, the President is willing to believe would be quite urdiK-t 'o the intentions of the IJriiish

Government. That on a line of frontier such r.s separates the I'nited C-iaies from Her Hrittaanic .Majesty's North American Provinces a line long enough to divide the whole of Europe into halves irregulari

ties, violences, and conflicts should .ometirnes occur, equally against the will of both Governments, ig certainly easily to be supposed. This may be more pnssi-

euble, perhaps, in regard to the United States without any reproach to their Government, fdnce their institutions entirely

dis"CJ"3go the keeping up of large sfnd-

allowtd her subjects to turn pirates. In

deed, in our own times, not only have

individual subjects of that Crown gone abroad to enunjre in civil wais, but we

have seen whole regiments openly recruit

ed, embodied, armed, and disciplined in

England, with the avowed purpose of aid

ing in a rebellion against a nation wills which England was at peace; although it ws true, that subsequently, an at ol

Parliament was passed to prevent trans

actions so nearly approaching to public

war, without license from thp Crown

It may be &ai 1 lhat ther-e is a ditftrerr e between the case of a civil w;ir, a.radng

from a disputed succession, or a protract

vi revolt ui a rolorsy sgmrist the mother

country, and the c.aie of a fresh outbreik,

at the commencement of a rebellion.-

'lhe undeisigtu-d does not deny that each distinction may, for certain purposes, b deemed well founded, lie admits that -i . 1,1 .

a uovernmem, caneu upon io cmvouer its own rights, interests, and duties, when

civil wars break out in other countries.

may decide on all ihe circumstances ol

the particular cas", upon us own exis.mg

i--tipulaiions, or probable results, on what

i.s awn security rcq'.i.P's, and on many other consideration. It may be p.lready bound, if it so cbco?es, to assist the other, and to meet tho consequences of such

assistance

Hut whether the revolt be recent or long countinued, they who join those concerned in it, whatever may be their offence ajainst their own country, or

however ihey be treated, if taken with arms in their hands, in the territory of the Government against which ihe standand of revolt is raised, cannot be denominated urates, without departing from all ordinary use of Imguage in the definition

no 1'Higt.r ciaim to us f rotcction, tmr n it longpr responsible for such acts. Such cases, therefore, if they occur, thow no abandonment of the duly of neutrality. The Government of the United Slate has not considered it hs sufficient to contine the duties of neutrality and non-interference to the rasp of government wlioea territories lie rdjacent to each other. The application of the principle may be more necessary in h:c!i cases, hut tha principle itself they rrqird as being th" s-ame, if these lenv -i.s be divided by half the globe. Thr .tde is founded in

tn o impropriety and

1 1 m n L- 1,- ii n il.

!uiifr( r i f allowing

on their own eui hi. ;n selves in the

of offences. A cause which has so foul an origin as piracy cannot in its progress, or h- its success, obtain a claim to any degree of respectability, or tolerance, a mong nations; and civil wars, therefore, aje not understood to have such a com

mencement. It is well known to Mr. Fox th ? t authorities of the highest eminence in England living and dead, have maintained that

the general law of nations does not forbic;

the cKlizens or sutjects ol one Govern

mcnl from taking part in the civil commotions of another. There is some rea

son, indeed, to think that such may be

the opinion cf Her Majesty s Govern ment at the present moment.

The undersigned has made these re

marks, from the conviction that it is im

portant to regard established distinctions,

qnd to view the act? and ohences ot in

dividuals in the exactly proper light. Hut it is not to be inferred that there is, on the part of this Government, any purpose of extenuating, in the slightest degree, the ciimes of those persons, ciii-

--'. i -V V-rT:. "j c, ,vd in? armies in time of peace, and their

VTf.'ieriO OI lilt" l iiUt-U iUUra Hum n l . . . ,, .,!, r I. , ., detriment, by direction cf the President,! situation happily exempts them from theat,on: aiuu;;b. it is w. u or.n, of oo

ze r.s of the United Sta'es, who have join

ed in military expeditions r-gainsi the Hriiish Government in Canada. On the contrary, the president directs the under

signed lo say that it is his fixed resolution that all such dislutbcrs of the national peace and vinlaters of th-i laws of their country shall be brought to exemplary pnnishmftin. Nor will the fact that they are instigated and led on to ihese excesses by Pridsh subjects, refugees from the

Provinces, be deemed any excflse or palli-

mm vicuais lo rnaKe thoriiy, or, by mingli

t elligert nt opcrauonw ef other nations, to run the hazard of counteracting the poli

cy, or embroiling the relations of their

own government. .i,u the United States

ave been among the first civilized na

tions to enforce the observance of this

just rule of neutrality and peace, by special enactments. In the infancy of this Government, on the breaking out of the European wars which had their origbi in the French revolution. Congress passed laws with severe pena'ties, for preventing the citizen? of the United .States from

taking put in those hostilities. Hy these laws: it is prescribed to the citizens of the United btates what it understood to be their duty, j neutrals, by the law of nations, and the duty, ilso, which they owed to the interest and honor of their own country. At a pubsequent period, when the Amcrieati colonies of an European Power took up arms against their Sovereign. Congress, not diverted from the established pystem of the Government by any temporary considerations, not swerved fiom its sense of justice nnd of duty by sympathies which it might naturally feel for one of the parties, did not hesitate, also to pass acts applicable to the case of colonial insurrection and civil war. And these provisions of law have been continued, revised, amended, and aro in

full force at the resent moment. Nor have they been a dead letter, as it is well known lhat exemplary punishments have been inflicted on those who have transgressed them. It is known, indeed, that heavy penalties have fallen ou individuals, citizens of the United States, engaged in this very disturbance in Canada, with which the destruction of tho Caroline was connected. And it is in Mr. Fox's knowledge, also, that the act of Congress, of March 10th, 1S38. was passed for the precise

purpose of more effectually restraining

military enterprises from the United

States into the British Provinces, by au

thorizing the use of the most sure nnd

decisive preventive means. The undersigned may add, that it stands on the admission of very high British authority.

that during the tccent Canadian troubles.

although bodies of adventurers appeared on the border, making il necessary for the people of Canada to keep themselves in a state prepared for self-defence, yet that these adventurers were acting by no means in accordance with the feeling of the great mass of tho mericm people f Corl-rJo'l oi fourth page-)