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PUBLISHED EVERY THURSDAY MORNING, BY JAMES VAN NESS, 111 the “Granite Building,” on the comer of Oglethorpe and Randolph Streets. TERMS: Subscription—three dollars pet annum, payable in advance, three doliais and a half at the end of six months, or four dollars, (mall cases) where pay- | ment is not made before tne expiration of the year. N subscription received for less than twelve months wtiho it payment in advance, ami no paper discon tinued, except at the option of the Editor, until all arrearages are paid. Advertisements conspicuously inserted at one dol lar per one hundred words, or icss, for the first in sertion, an I fifty cents for every subsequent contin uance’ Those sent without a specification of the number of insertions, will be published until ordered out- and charged accordingly. 2. 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Sacks regulated by law, must be made before j the court house door, between the hours of 10 in the I morning and four in the evening—those of land in the county where it is situate; those of personal j property, where the letters testamentary, of admin istration or of giardiansqip were obtained—and are requited to he previously advertised in some public : gazette, as follows: SiiEßirrs’ Sales under regular executions f>r thir ty days ; under mortgage ti fas sixty days, before 1 the day of sale. |, S tt.ES of land and negroes, by Executors, Adminis- j trators or Guardians, for sixty days before the day j ’ of sale. Sales of personal property (except Negroes) forty days. j i Citations bv Clerks of the Courts ol Ordinary, upon ; application for letters of administration, must be pub- ~ lished foi thirty days. |, Citations upon application for dismission, by Exec- 1 1 utors. Administrators or Guardians, monthly for six j months. Orders of Courts of Ordinary, (accompanied with a i 1 copy of the bond or agreement) to make titles to j I land, must be published three months. |, Notices by Executors, Administrators or Guardians, j. of application to the Court of Ordinary for leave to , sell the land or negroes of ari estate, fair months. j ’ Notices by Executors or Administrators, to the ; 1 debtors and creditors of an estate, for six weeks. j I Sheriffs’, Clerks of Court &c. will be allowed the , 1 usual deduction. 11 O’ Letters on business, must be post paid, to 1 1 entitle them to attention. 11 DOCUMENTS ACCOMPANYING THE PRESIDENTS MESSAGE. FROM THE DEPARTMENT OF STATE. JVIr. Fox to Mr. Webster. W aiming ton, March 12, 1841. Tbe undersigned, her Britannic Majesty’s Envoy Extraordinary atul Minister Plenipo tentiary, is instructed by bis Government to make the following olhcial communication to tbe Government ol tbe United States: Her Majesty’s Government have bad under their consideration the correspondence which took place at Washington in December las!, between the UnileJ Slates Secretary of Slate. Mr. Forsyth, and tbe unde signed,comprising two ollicial letters from the undersigned to Mr. Forsyth, dated the 13;h and 29ih of De cember, and two official letters from Mr. Forsyth to the undersigned, dated the 2(kli and 30th of tbe same month, upon the subject of the arrest and imprisonment of Mr. Alex- j under McLeod, of Upper Canada, by the authorities ol the Stale ol New Yoik, upon a pretended charge of arson and murder, as 1 having been engaged in (be capture and de- j Ktrucimn of ilie steamboat * Caroline” on the 29th of December, 1537. ‘l’iie undersigned is directed in the firs! place j to make known to the Government of the ! United States that her Majesty’s Government entirely approve ol’ l lie course pursued by die j undersigned in (lint correspondence, and of the | language adopted by him in the official letters above mentioned. j And tbe undersigned is now instructed a- I gain to demand from the Government of the United Siaies, formally, in tbe name of tbe British Government, the immediate release of Mr. Alexander McLeod. The grounds upon which tbe British Gov ernment make this demand upon tbe Govern ment of the United Slates are these: That the transaction on account of which Mr. Mc- Leod has been arrested and is to bt put upon Itis trial was a transaction of a pub ic charac ter, planned and executed by persons duly empowered by her Majesty’s Colonial Autho rities to take auv steps atul to do any acts which might be necessary for tbe delence of her Majesty’s territories, and for tbe protec tion of her Majesty’s subjects, and that conse quently those subjects of her Majesty who en gaged in that transaction were performing an act of public duty for which they cannot be made personally and individually answerable to the laws and tribunals of any foreign coun- try. The transaction in question may have been, as her Majesty’s Government are of opinion that it was, a justifiable employment of force for the pu'pise of defending the British terri tory from tiie unprovoked attack of a band of British rebels and American pirates, who,! having been permitted to arm and organize j themselves within itie territory of the United Stales, had actually invaded and occupied a [ portion of the territory of her Majesty ; or it may have been, as alleged by Mr. Forsyth in ! It s note to the unitersigned of the 26th of December, “a most unjustifiable invasion in time of peace of the territory of the United States.” But this is a question essentially of a political and international kind, which can he discussed and settled only between the two Governments, and which the courts of justice of the State of New York cannot hv possi bility have any means of judging or any right of deciding. It would be contrary to the universal prac- i tice of civilized nations to fix individual re-1 sponsibility upon peisons who, with the sane-1 •ion or by the orders of the constituted au- j thorities of a State, engaged in military or naval enterprise in that country's cause; and j it is obvious that tiie introduction of such a ! principle would aggravate beyond measure the miseries, and would frightfully increase the demoralizing effects of war, by mixing up with national exasperation the ferocity of per sonal passions, and the cruelly 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 the practice of modern war atroci ties which civilization and Christianity have long since banished. Neither can her Majesty’s Government ad mit for a moment the validity of the doctrine advanced by Mr. Forsyth, that the Federal Government of the United States has no pow er to interfere in the matter in question, and that the decision thereof must rest solely and entirely with the Slate of New York. With the particulars of the internal com pact which may exist between (he several States that compose the Union, foreign Pow ers have nothing to do; the relations of foreign Powers are with the aggregate Union; that l nion is to them represented bv the Federal Government; and of that Union the Federal Government is to them the only organ.— Therefore, when a foreign Power has redress j to demand for a wrong done to it bv any State of the Union, it is to the Federal Gov ernment, and not to the separate State, that such Power must look for redress for that wrong. And such foreign Power cannot ad mit the plea that the separate Slate is an in dependent body, over which the Federal Government has no control. It is obvious VOLUME I.] - B uch a doctrine, if admitted, would at once g< I to a dissolution of the Union as far aS its rela- I. lions with foreign Powers are concerned ; ami that foreign Powers, in such case, instead ol i- accrediting diplomatic agents to ihe Federa l< j Government, would sent I such agents hot to that Government, but to tbe Government ol j each separate State, and would make their , r : relations of peace and war with each State I- depend upon tbe result of their separate inter* course with such State, without reference to relations they might have with the rest. Her Majesty’s Government apprehend that “J. the above is not tbe conclusion at which the ’ Government of the United States intend to e arrive; yet such is the conclusion to which e the arguments that have been advanced by n Mr. Forsyth necessarily lead. II ; But be this as it may, her Majesty’s Gov* * eminent formally demand, upon the grounds c already stated, the immediate release of Air. McLeod; and her Majesty’s Government cn - treat the President of the United States to J take into his most deliberate consideration the • serious nature of the consequences which must ‘ ensue from a rejection of this demand. The United States Government will per . ceive ihat, in demanding McLeod’s release, : her Majesty’s Government argue upon the i 1 assumption that he was one of the persons ■ engaged in the capture of the steamboat Caroline;” but her Majesty’s Government 1 have the strongest reasons lor being convinced that Mr. McLeod was not in fact engaged in that transaction, and the undersigned is here . upon instructed to say that although the cir cumstance itself makes no difference in the political and international question at issue; ’ and although her Majesty’s Government do 1 not demand Mr. McLeod’s release upon the ground that he was not concerned in the cap ture of the “Caroline,” hut upon the ground that the capture of the “Caroline” was a transaction of a public character, for which j the persons engaged in it cannot incur pri vate and personal responsibility; yet the Gov ernment of the United States must not dis guise from themselves that the fact that Mr. i AlcLeod was not engaged in the transaction 1 must necessarily tend greatly to inflame that ; national resentment which any harm that shall | be suffered by Mr. McLeod at the hands of the authorises of the Slate of New York will infallibly excite throughout the whole of the British empire. The undersigned, in addressing the present official communication, by order of his Gov ernment, to Mr. Webster, Secretary of State of the United States, has the honor to offer him tl e assurance of his distinguished consid eration. H. S. FOX. The Hon. Daniel. Webster, Slc.Slc.&.c. Mr. Webster to Mr. Fox. Department of State, Washington, April 24,1841. The undersigned, Secretary of State of the j United States, has the honor to inform Mr. I Fox, Envoy Extraordinary and Minister Plen ipotentiary of her Britannic Majesty, that his note of the 12fli of March was received and j laid before the President. Circumstances well known to Mr. Fox have necessarily delayed, for some days, the con j sidoration.of that note. The undersigned has the honor now to say ! that it lias been fully considered, and that he has been directed by the President to address j to Mr. Fox the following reply: ! Air. Fox informs the Government of the United States that lie is instructed to make known to it that the Government of her Ma jesty entirely approve the course pursued by him in iiis correspondence with Air. Forsyth j in December last, and the language adopted I by him on ‘hat occasion ; and that that Gov ernment, have instructed him “again to demand from the Government of the United States, formally, in the name of the British Govern ment, the immediate release of Mr. Alexander McLeod ;” that “ the grounds upon which the British Government make this demand upon the Government of the United States are these: That the transaction on account ol which Air. AlcLeod has been arrested and is to be put upon liis trial was a transaction ot a public character, planned and executed by persons duly empowered by her Majesty’s colonial authorities to take any steps and to do any acts which might bo necessary for the defence of Jier Alajesty’s territories, and for the protection ot her Alnjesty’s subjects, and that consequently those subjects ot her Ala jesty who engaged in that transaction were performing an act of public duty, for which t hey cannot be made personally and ind viduahy answerable to the laws and tribunals of any foreign country.” _ j The President is not certain that ho under stands the meaning intended by her Majesty’s Government to be conveyed by the foregoing j instruction. This doubt has occasioned with the Presi dent some hesitation, but he is inclined to take it for granted that the main purpose of the in struction was to cause it to be signified to the Government ol the United States that the attack on the steamboat “Caroline” was an act of public force, done by the British colo nial authorities, and fully recognised by the Queen's Government at home, and that con sequently no individual concerned in that transaction can, according to the just principle , of the laws of nations, be held personally an swerable in the ordinary courts of law as for a private offence; and that upon this avowal of her Majesty’s Government Alexander Mc- I,eod, now imprisoned on an indictment for murder alleged to l ave been committed in that attack, ought to be released by such pro ceedings as are usual and are suitable to the case. The President adopts the conclusion that ! nothing more than this could have been iu j tended to be expressed, from the consideration that her Majesty’s Government must be fully aware that in the United States, as in Eng land, persons confined under judicial process can be re'eased from that confinement only by judicial process. In neither country, as the undersigned supposes, can the arm of the Ex ecutive power interfere, directly or forcibly, to release or deliver the prisoner. His discharge must be sought in a manner conformable to the principles of law and the proceedings of i courts of judicature. If an indictment, like that which has been found against Alexander McLeod, and under circumstances like those which belong to his case, were pending against an individual in one of the courts of England, there is no doubt that the law officer of the Crown might enter a nolle prosequi . or that the prisoner might cause himself to be brought up on habeas corpus and discharged, if his ground of discharge should be adjudged suffi cient, or that he might prove the same facts, and insist on the same defence or exemption on his triah All these are legal modes of preceding, well known to the laws and practice of both coun tries. But the undersigned does not suppose tha f , if such a cae were to arise in England, the jiower of the Executive government could be exerted in any more direct manner. Even in the case of ambassadors and other public ministers, whose right to exemption from ar rest is personal, requiring no fact to be ascer tained but the mere fact of diplomatic charac and to arrest whom is sometimes made a highly penal offence, if the arrest be actually made, it must be discharged by application to the courts of law. THE COLUMBUS TIMES. It is understood that Alexander AlcLeod is holden as well on civil as on criminal process for acts alleged to have been done by him in the attack on the “Caroline,” and his defence or ground of acquittal must be the same in both cases. And this strongly illustrates, as the undersigned conceives, the propriety of the foregoing observations ; since it is quite clear that the Executive Government cannot interfere to arrest a civil suit between private parties in any stage of its progress, but that such suit must go on to its regular judicial termination. If, therefore, any course differ ent from such as have been now mentioned was in contemplation by her Majesty’s Gov ernment, something would seem to have been expected from the Government of the United States as little conformable to the laws and usages of the English Government as to those of the United States, and to which this Gov ernment cannot accede. The Government of the United States, therefore, acting upon the presumption which it has already adopted, that nothing extraordinary or unusual was expected or requested of it, decided, on the reception of Air. Fox’s note, to take such measures as the occasion and its own duty appeared to require. In his note to Air. Fox of the 20th Decem ber last* Air. Forsyth, the Secretary of State of the United States, observes, that “if the de struction of the ‘Caroline’ was a public act of persons in her Alajesty’s service, obeying the ! order of their superior authorities, this fact has : not been before communicated to the Govern | ment of the United States by a person author ised to make the admission; and it will be for the Court which has taken cognizance of the offence with which Mr. McLeod is charged, to decide upon its validity when legally establish ed before it;” and adds, “The President deems this to he a proper occasion to remind the Government of her Britannic Alajesty that the case of the ‘Caroline’ has been long since brought to the attention of her Majesty’s prin cipal Secretary of State for Foreign Affairs, who, up to this day, has not communicated its decision thereupon. It is hoped that the Gov ernment of her Majesty will perceive the im portance of no longer leaving the Government of the United States uninformed of its views and intentions upon a subject which has natu rally produced much exasperation, and which has led to such grave consequences.” The communication of the fact that the destruction of the “ Caroline” was an act of public force by the British authorities being formally communicated to the Government ol the United States by Air. Fox’s note, the case assumes a decided aspect. The Government of the United States en tertains no doubt that, after this avowal of the transaction as a public transaction, au thorized and undertaken by the British au thorities, individuals concerned in it ought not, by the principles of public law and the”gener eral usage of civilized States, to be holden personally responsible in the ordinary tribo unals of laiv for the participation in it. And the President presumes that it can hardly he necessary to say that the American people, not distrustful of their ability to redress public wrongs by public means, cannot desire the punishment of individuals wl ei> the act com plained of is declared to have been an act of the government itself Soon after the date of Mr. Fox’s note, an instruction was given to the Attorney Gener al of the United States, from this department, by direction of th Resident, which fully sets forth the opinions of (his Government on the subject of Air. McLeod’s imprisonment, a copy of which instruction the undersigned has the honor herewith to enclose; The indictment against AlcLeod is pending in a state court; bui his rights, whatever they may be, are no less safe it is to be presumed, than if he were holden to answer in one of the courts of this Government: He demands immunity from personal re sponsibility, by virtue of the law of nations and that law, in civilized states, is to he re spected in all courts. None either so high or so low as to escape from its authority, in cases to which its rules and principles apply. ‘l’his Department has been regularly in f >rmed, by his F.xcelleny the Goveri or of the State of New Yoik, that the Chief Justice of that Slate was as 1 igned to preside at the hear ing and trial of AleLeod’s case, but that, owing to some error or mistake in the process of summoning the jury, the hearing was ne cessarily deferred. The President regrets this occurrence, as he has a desire for a speedy disposition of the subject. The counsel for AlcLeod have re quested authemic evidence of the avowal ! by the British Government of the attack on, land destruction of, the “Caroline,” as acts done under its authority, and such evidence | will be furnished to them by this Department, j It s understood that the indictment has teen removed into the Supreme Court of the State by the proper proceeding tor that purpose, and that it is now competent for McLeod, by the ordinary process ot habeas corpus, to bring his case for hearing before that tribu nal. The undersigned hardly needs to assure Mr. Fox that a tribunal so eminently distin guished for ability and learning as the Su preme Court of the State of New York may be safely relied upon for the just and impar tial administration of the law in this as well as in other cases; and the undersigned repeats the expression of the desire of this Govern ment that no delay may be suffered to take place in these proceedings which can be avoi ded. Os this desire, Mr. Fox will see evi dence in the instructions above referred to. The undersigned has now to signify to Mr. Fox that the United States has not changed the opinion which it has heretofore expressed to Her Majesty’s Government, of the charac ter of the act of destroying the “ Caroline.” It does not think that the transaction can be justified by any reasonable application or construction of the right of self-defence, under the laws of nations. It is admitted that a just right of self-defence attaches always to nations, as well as to individuals, and is equal ly necessary for the preservation of both.— But the extern of this right is a question to be judged of by the circumstances of each particular case; and when its alleged exer cise has led to the commission of hostile acts within the territory of a power at peace, noth ing less than a clear and absolute necessity can afford ground of justification. Not hav ing, up to this time, been made acquainted with the views and reasons, at length, which led her Majesty’s Government to think the destruction of the “Caroline” justifiable as an act of self-defence, the undersigned, ear nestly renewing the remonstrance of this Gov ernment against the transaction, abstains, for the present, from any extended discussion ol the question. But it is deemed proper, never theless, not to omit to take some notice of the general grounds of justification stated hy her Majesty’s Government in their instruction to Mr. Fox. Her Majesty's Government have instructed Mr. Fox o say, that they are of opinion that the transaction wh : ch terminated in the destruction of the Caroline was a justifiable ■ employment of force, for the purpose of de i lending the British territory from the unpro ’ voked attack of a band of British rebels and > American pirates, who, having been “ permit ted” to arm and organize themselves within “THE UNION OF THE STATES, AND THE SOVEREIGNTY OF THE STATES.” COLUMBUS, GEORGIA, THURSDAY MORNING, JUNE 17, 1841. the territory of the United Slates, had actu ally invaded a portion of the territory of her Majesty. The President cannot suppose that her Alajesty’s Government, by the use of these terms, meant to be understood as intimating that those acts, violating the laws of the Uni ted States and disturbing the peace of the British territories, were done under any de gree of countenance from this Govermenf, or were regarded by it with indifference—or that, under the circumstances of the case, they could have been prevented by the ordinary course of proceeding. Although he regrets that, by using the term “ permitted,” a possi ble inference of that kind might be raised yet such an inference, the President is willing to believe, would be quite unjust to the intentions of the British Government. That on a line of frontiersuch as seperates the United States from Her Britannic Alajes ty’s North American Provinces—a line long enough to divide the whole of Europe into halves—irregularities, violences and conflicts should sometimes occur, equally against the will of both governments, is certainly easily to be supposed. This may be more possible, per haps, in regard to the United Slates, without any reproach to their Government, since their institutions entirely discourage the keeping up of large standingarmies in time of peace, and their situation happily exempts them from the necessity of maintaining such expensive and dangerous eslablishments. All that can be expected from either government in these cases is good faith, a sincere desire to preserve peace and do justice, the use of all proper i means of prevention anti that, if offences can- j not, r.everthe'ess, be alwsys prevented, the | offenders shall still be justly punished. In all these respects, this government acknowledge no delinquency in the performance of its du ties, Her Majesty’s Government are pleased also to speak ot those American citizens who look part vvilh persons in Canada, engaged in an insurrection against the British Government, as “American pirates.” The undersigned does not admit the propriety or justice of this designation. If citizens of the United States fitted out, or were engaged in fitting out, a military expedition from the United States intended to act against the British Govern ment in Canada, they were clearly violating the laws of their country, and exposing themselves to the just consequences which might be inflicted on them if taken within the British dominions. But, notwithstanding this they were, certainly, not pirates, nor does the undersigned think that it can advance the purpose of fair and friendly discussion, or has ten the accommodation of national difficultes, so to denominate them. Their offence, what ever it was, had no analogy to cases of piracy. Supposing all that is alleged against them to be true, they regarded it as a civil war, and they were taking a part on the side of the rebels. Surely, England herself has not regarded persons thus engaged as deserving the appellation which Her Alajesty’s Govern ment bestows on these citizens of the United States. It is quite notorious that, for the greatest part of ihelast two centuries, subjects of the British Crown have been permitted to engage in foreign wars, both national and civil, and in the latter in every stage of their progress; and yet it lias noi been imagined that England has at any lime allowed tier subjects to turn pirates. Indeed, in our own times, not only have individual subjects of that Crown gone abioad to engage in civil wars, but we have seen whole regiments openly recruited, em bodied, armed, and disciplined in England, with the avowed purpose of aiding a rebell ion against a nation with which England was at peace ; although it is true that, subsequent ly an act of Parliament was passed to pre vent transactions so nearly approaching to public war, without license from the Crown. It may be said that there is a difference between the case of a civil war, arising from a disputed succession, or a protracted revolt of a colony against the mother country, and the case of a fresh outbreak, at the com mencement of a rebellion. The undersigned does not deny that such distinction may, for certain purposes, be deemed well founded.— He admits that a Government, called upon to consider its own rights, interests and duties when civil wars break out in other countries may decide on all the circumstances of the part'cular case, upon its own existing stipu lations, on probable results, on what its own security requires, and on many other con siderations. It may be already bound to as sist one party, or it may become bound, if it so chooses, to assist the other, and to meet the cousequencts of such assistance. But whether the revolt be recent or long continued, they who join those concerred in it, whatever may be their offence against their own country, or however they be treated, if taken with arms in their hands, in the terri tory of the Government against v, Inch the stamljiid of revolt is raised, cannot he denom inat'd pirates, without departing from all or dinary use of language in the definition of of fences. A cause which has so foul an origin as piracy cannot, in its progress, or by its suc cess, obtain a claim to any degree of respect ability, or tolerance, among nations! and civil warsi therefore, are not understood to have such a commencement. It is well known to Air. Fox that authori ties of the highest eminence in England, liv ing and dead, have maintained that the gen eral law ol nations does not forbid the citizens or subjects of one Government from taking part in the civil commotions of another. — There is some reason, indeed, to think that such may be the opinion of Her Majesty’s Government at the present moment. The undersigneJ has made these remarks, from the conviction that it is important to re gard established distinctions, and to view the acts and offences of individuals in the exactly proper light. But it is not to be inferred that there is on the part of this Government, any purpose of extenuating, in the slightest degree, the crimes of those persons, citizens of the United States, who have joined in military ex peditions against the British Government in Canada. On the contrary, the President di rects the undersigned to say that it is his fixed resolution that all such disturbers of the na tional peace and violators of the laws of their country, shall be brought to exemp’ary pun ishment. Nor will the fact that they are in stigated and led on to these excesses by Brit ish subjects, refugees from the provinces, be deemed any excuse or palliation; although it is worthy of lieing remembered that the prime movers of these disturbances on the borders are subjects of the Queen, who come within the territories of the United States, seeking to enlist the sympathies of their citizens, by all the motives which they are able to address to them, on account of grievances, real or imag inary. There is no reason to believe that the design of any hostile movement from the Uni ted States against Canada has commenced with the citizens of the United States. Ihe true origin of such purposes and such enterpri ses is on the other side of the line. But the President’s resolution to prevent these trans- Igressions of the laws is not, on that account, the less strong. It is taken, not only in con formity tohis.duty under the provisions of ex isting laws, but in full consonance with the es- tabiished principles and practice of this Gov ernment. The Government of the United States has not, from the first, fallen into the doubts, else where entertained, of the true extent of the duties of neutrality. It has held that, howev er it may have been in less enlightened ages, the just interpretation of the modern law ol nations is, that neutral States are bound to be strictly neutral; and that it is a manifest and gross impropriety for individuals to engage in the civil conflicts of other Stales, and thus to be at war, while their Government is at peace. War and peace are high national relations, which can properly be established or changed only by nations themselves. The United States have thought, also, that the salutary doctrine of non-intervention by one nation with the affairs of others is liable to be essentially impaired, if, while Government refrains from interference, interference is still allowed to its subjects, individually or in mas ses. It may happen, indeed, that persons choose to leave their country, emigrate to oth er regions, and settle themselves oil uncultiva ted lands, in territories belonging to other States. This cannot be prevented by Gov ernments which allow the emigration of their subjects and citizens; and such persons, hav ing voluntarily abandoned their own country, have no longer claim to its protection, nor is it longer responsible for their acts. Sucli cases, therefore, if they occur, show no abandon ment of the duty of neutrality. T he Government of the United States has not considered it as sufficient to confine the duties of neutrality and non-interference to the case of Governments whose territories lie ad jacent to each other. The application of the principle may be more necessary in such cases, but the principle itself they regard as being the same, if those territories he divided by half the globe. The rule is founded in the impro priety and danger of allowing individuals to make war on their own authority, or, by ming ling themselves in the belligerent operations of other nat ons, to run the hazard of counter acting the policy, or embroiling the relations of their own Government. And the United States have been the first among civilized na tions to enforce the observance of this just rule of neutrality and peace, by special atul ade quate legal enactments. In the infancy ol this Government, on the breaking out of the European wars, which had their origin in the French Revolution, Congress passed laws with severe penalties, for preventing the citizens of the United States from taking part in those hostilities. By these laws, it prescribed to the citizens of the United States what it understood to be their duly, as neutrals, by the law of nations, and the duty also which they owed to the in terest and honor of their own country. At a subsequent period, when the Ameri can colonies of an European power took up arms against their sovereign, Congress, not diverted from the established system ot the Government by any temporary considerations, not swerved from its sense of justice and of duty by any sympathies which it might natu rally feel tor one of the parties, did not hesitate, also, to pass acts applicable to the case of col onial insurrection and civil war. And these provisions of law have been continued, revis ed, amended, and are in fu'l force at the pres ent moment. Nor have they been a dead let ter, as it is well known that exemplary pun ishments have been inflicted on those who have trangressed them. It is known, indeed, that heavy penalties have fallen on individuals, citizens of the United States, engaged in ibis very disturbance in Canada, with which the destruction of the Caroline was connected.— And it is in Mr. Fox’s knowledge, also, that the act of Congress of March 10th, 1838, was passed for the precise purpose of more effect ually restraining military enterprizes from the United States into the British provinces, by authorizing the use of the most sure and deci sive preventive means. The undersigned may add that it stands on the admission of very high British authorities, that during the recent Canadian troubles, although bodies of adven turers appeared on the border, making it ne eersary lor the people of Canada to keep them selves in a state prepared for self-defence, yet that these adventurers were acting by no means in accordance with tlie feeling of the gieat mass ol the American people, or of the Government of the United States. This Government, therefore, not only holds itself above reproach in every thing respecting the preservation of neutrality, the observance of the principle of non-intervention, and the strictest conformity in these respects, to the rttles of international law, bu.it doubts not that the world will do it the justice to ac knowledge that it has set an example not un fit to be followed by others, and that, by its steady legislation on this important subject, it has done something to promote peace and good neighborhood among nations, and to ad vance thecivilization of mankind. The undersigned trusts that, when her Brit annic Majesty’s Government shall present the grounds, at length, on which they justify the local authorities ol Canada in attacking and destroying the “Caroline,” they will consider that the laws of the United States are such as the undersigned has now represented them, and that the Government of the United States ; has always manifested a sincere disposition to see those laws efficmally and impartially ad ministered. Ifthere have been cases in which individuals, jusily obnoxious to punishment, have escaped, this is no more than happens in regard to other laws. Under these circumstances, and under (hose immediately connected with the transaction itself, it will be lor her Majesty’s Government to show upon what state of facts and rules of national law the destruction of the ‘ Caroline” is to be defended. It will be lor that Govern ment to show a necessity of self-defence, in stant, overwhelming, leaving no choice of means and no moment for deliberation. It will be for it to show, also, that the local au thorities of Canada, even suppos'ng the ne cessity of the moment authorized then* to en. ter the territories of the United States at all, did nothing unreasonable or excessive; since tbeact, justified by the necessity of self-defence, must be limited by that necessity, and kept clearly within it. It must be shown that ad monition or remonstrance to the persons on board the “Caroline” was impracticable, or would have been unavailing; it must be show n that day light cou'd not be u’aited for ; that there could be no attempt at discrimina tion between the innocent ami the guilty; — that it would not have been enough to seize and detain the vessel; but that there was a necessity, present and inevitable, for attack ing her, in the darkness of night, while moor ed to the shore, and while unarmed men were asleep on board, killing some and wounding others, and then drawing her into the current, above the cataract, setting her on fire, and, careless to know whether there might not be in her the innocent with the guilty, or the liv ing with the dead, committing her (o a fate which fills the imagination with horror. A necessity for all this the Government of the ; United States cannot believe to have exis ted. All will see that if such things be allowed to occur, they might lead to a bloody and exas perated war; and when an individual comes into the United States from CanaJa, and to [NUMBER 19. the very place on which this drama was per formed, and there chooses to make public and vain-glorious boast of the part lie acted in it, l is hardly wonderful that great excitement should be created, and some degree of com motion arise. This republic does not wish to disturb the tranquility of the world. Its object is peace, its policy is peace. It seeks no aggrandize ment by foreign conquest, because it knows that no foreign acquisition could augment its power and importance so rapidly as they are ; already advancing by its own natural growth j under the propitious circumstances of its sit- j uation. But it cannot admit that its Govern ment has not both the will and the power to preserve its own neutrality, and to enforce the observance of its own laws upon its own citi zens. It is jealous of its rights, and among others, and most especially, of the right of the absolute immunity of its territory against ag gression from abroad ; and these rights it is the duty and the determination of tins Govern-; ment fully and at all times to maintain ;• while it will at the same time, as scrupulously re frain from infringing on the rights of others. The President instructs the undersigned to say, in conclusion, that he confidently trusts that this and all other questions of difference between the two Governments will be treated by both in the full exercise of such a spirit of candor, justice, and mutual respect as shall give assurance of the long continuance of peace between the two countries. The undersigned avails himself of this op portunity to assure Mr. Fox of his high con sideration. Daniel Webster. Henry S. Fox, Esq. &c. &c. Copy of Instructions to Mr. Crittenden,- en cli sed in the above. Department of State, Washington, March 15th, 1841. Sir : Alexander McLeod, a Canadian sub ject of Her Britannic Majesty, is now impris oned at Lockport, in the State of New York, under an indictment for murder, alleged to have been committed by him in the attack and destruction of the steamboat Caroline, at Schlosser, in that state, on the night of the 29th ot December, 1837 ; and his trial is ex pected to take place at Lockport, on the 22d inst. You are apprised of the correspondence which took place between Mr. Forsyth,- late Secretary of State, and Mr. Foxy Her Britannic Majesty’s minister here, on this subject in December last. In his note to Mr. Fox, on the 20th of that month, Mr. Forsyth says : “If the destruction of the Caroline was a public act of persons in Her Majesty’s service, obeying the order of their superior authorities,- this fact has not before been communicated to the government of the United States by a person authorized to make the admission, and it will be for the court w hich has taken cognizance of the of fence with which Mr. McLeod is charged to decide upon its validity when legally estab lished before it. “ The President deems this to be a proper occasion to remind the Government of Her Britannic Majesty that the case of the Caro line has been long since brought to the atten tion of Her Majesty’s principal Secretary of State for Foregn Afl'airs, who, up to this day, lias not communicated its decision thereupon. It is hoped that the Government of Her Ma jesty will perceive the importance of no longer leaving the Government of the United States uninformed of its views and intentions upon a subject avhich has naturally produced much exasperation, and which has led to such grave consequences.” I have now to inform you that Mr. Fox has addressed a note to this Department, under date of the 12th inst. in which, under the im mediate instruction and direction of his Gov ernment be demands, formally and officially, McLeod’s immediate release, on the ground that the transaction,- on account of which he has been arrested and is to be put upon his trial* was of a public character, planned and executed by the persons duly empowered by Her Majesty’s colonial authorities to take any steps, and do any acts, which might be neces sary tor the defence of Her Majesty’s territo ries,- and for the protection of Her Majesty’s subjects ;■ and consequently those subjects of Her Majesty who engaged in that transaction were performing an act of public duty, for which they cannot be made personally and individually answerable to the laws and tribu nals ot any f reign country; and that Her Majesty’s Government has farther direc ted Mr. Fox to make known to the Govern ment of the United States that Her Majesty’s Government entirely approve of the course pursued by Mr. Fox, and the language adopted by him in the correspondence above mentioned. There is. therefore, now, an authentic dec laration on the part of the British Govern ment that the attack on the Caroline was an act of public force, done by military men, un der the orders of their superiors* and is recog-* nised as such by the Queen’s Government.— The importance of this declaration is not to be doubted, and the President is of opinion that it calls upon him for the performance of a high duty.- That an individual forming part of a public force, and acting under the au thority of his Government,- is not to be held answerable, as a private trespasser or male factor, is a principle of public law, sanctioned by the usages of all civilized nations, and which the Government of the United States has no inclination to dispute. This lias no connexion whatever with the question whet her, in this case, the attack on the Caroline was, as the British Government think it, a justifiable employment of force for the purpose of defen ding the British territory front unprovoked attack, or whether it was a most unjustifiable invasion in time of peace of the territory of the United States, as this Government has regar ded it. The two questions are essentially different; and, while acknowledging that an individual may claim immunity from the con sequences of acts done by him, by showing that he acted under national authority, this Government is not to be understood as chang ing the opinions which it has heretofore ex pressed in regard to the real nature of the transaction which resulted in the destruction of the Caroline. That subject it is not neces sary, for any purpose connected with this communication, to discuss. The views of this Government in relation to it are known to that of England ; and we are expecting the answer of that Government to the communi cation which ha3 been made to it. All that is intended to be said, at present, is that since the attack on the Caroline is avowed as a national act, which may justify reprisals, or even general war, if the Govern ment of the United States, in the judgment which it shall form of the transaction, and of its own duty, should see fit so to decide, yet that it raises a question entirely public and political, a question between independent na tions, and that individuals concerned in it cannot be arrested and tried before the ordi nary tribunals, as for the violation of municipal law. If the attack on the Caroline was un justifiable, as this Government has asserted, the law which has been violated is tlie law of nations, and the redress which is to be sougl t is the redress authorized in such cases by the provision? of that code. You are well aware that the President has no power to arrest the proceedings in the civil and criminal courts of the state of N. York.— If this indictment were pending in one of the courts of the United States, I am directed to say that the President, upon the receipt of Mr. Fox’s last communication, would imme diately have directed a nolle prosequi to be entered. Whether, in this case, the Governor of New York has that power, or, if he has. whether he would feel it his duty to exercise it, are points upon which we are not in formed. it is understood that McLeod isholden also on civil process, - sued out against him by the owner of the Caroline. We suppose it very clear that the Executive of the State cannot interfere with such a process; and, indeed, if such process were pending in the courts of the United States, the President could not arrest it. In such and many analogous cases the party prosecuted or sued must avail himself of his exemption or defence by judicial pro ceedings, either in the court into w hich he is called, or in some other court. Blit whether j the process be Criminal or civil, the fact of j having acted under public authority, and in j obedience to the orders of lawful superiors, must be regarded as a valid defence otherwise, individuals would be holdeii responsible for injuries resulting from the acts of Govern ment and even from’ the operations of public .war. Yon will be furnished with a copy of this instruction for the use of the Executive of New York, and the Attorney General of that State. You will carry with you, also, authen tic evidence of the recognition by the British Government of the destruction of the Caro line as an act of public force done by national authority. The President is impressed with the propri ety ot transferring the trial lronvthe sceno of the principal excitement to some other and distant country. You will take care that this be suggested to the prisoner’s counsel.— The President is gratified to learn that tlm Governor ot New Y r ork hasalready directed that the trial take place before the Chief Jus tice of the State, Having consulted with the Governor, you w ill proceed to Lockport, or wherever else the trial may be holden, and furnish the prisoner’s counsel with the evidence of which you will be in possession material to his defence. You will see that he have skilful and eminent counsel, it such be not already retained ; and, although you are not desired to act as counsel yourselt, you will cause it to be signified to iiim, and to the gentlemen who may conduct his defence, that it is the wish of this Govern ment that, in case his defence be overruled by the Court in which he shall be tried, prop er steps be taken immediately for removing tlpe cause, by writ of error, to the Supreme Court ot the United States. The President hopes you will use sucli des patch as to make your arrival at the place of trial sure before the trial comes on ; and ho trusts you w ill keep him informed Os whatev er occurs, by means of a correspondence through this Department. 1 have the honor to be, Mr. Attorney Gen eral, your obedient servant. DANIEL WEBSTER. Hon. John J. Crittenden, Attorney General of the United States. Bank Defalcation:— The Rumor was rife’ yesterday, founded upon the authority of pri vate letters received in this City, that Macon has been the theatre of another bank robbery, which has just been detected in the Branch of the Central Railroad Bank, in Macon. The Cashier of the Bank is said to bo the individual, who, disregarding the plain pre cepts of the eighth commandment, has lined his pockets with the needful.- We have not been able to learn the precise extent of the deficit in his cash account,- but all seem to concur in the opinion, that “it is quite large, probably twenty thousand dollars. A few more such disclosures, as these Macon exhib its, and Georgia will stand in the front rank of bank robberies. This is another ot the curses of an inflated, irredeemable* non specie-paying The whole country becomes deranged with the mania tor specula tion and growing suddenly rich, and some of those Who Cannot obtain riches by fair means, steal whenever an opportunity presents.—Au gusta Chronicle, May 29. Tre Tallmadge Dinner. —the express of this morning contains a report of the speech made by N. P. Tallmadge at the din ner given him yesterday by his friends. In the course of it, he undertakes to declare what measures should be passed at the extra ordinary session of Congress about to assem ble, and enumerates the following, I The Independent Treasury law is to be repealed J & There is to be a National Bank estab lished; 3. The proceeds of the public lands are to be distributed among the States; 4. A bankrupt law must be passed ; 5. The expunging resolution is to be rescinded ; and 6. Money is to be given to the family of Gen. Harrison,’ 1 ’ These, according to Mr. Tall madge, are the great measures of reform by which the Whig party are to render them selves immortal.—N. Y. Post. * If the public money is to be thus disposed of, we Would beg these generons gentleman to bear in mind that both Mr. Jefferson and Mr. Monroe died poor and embarrassed, and that no money has ever been given to their families? We merely call their atttemion to the fact, lest they may have forgotten it.—Balt. Republican. Spaf.k Catcher. —Anew contrivance, for the purpose oflocoinotive spaik-catching, has leen invented by Mr. D. Matlbews, of Sehe nedady, N. Y. In addition jo relieving the passengt r fiom the inconvenience now expe rienced by his optics, all danger of foe 1o he apprtliendtd from the machine is entirely done away with. On a recent occasion the inventor placed a pound of powder on the top of the car next to the locomotive, and made (be run from Schenectady to Utica and back a distance of 15G miles, without igniting it. Use of Coal in the United States.— ln 1820, says the Western Farmer, stone coal was introduced into the eastern cities, as a substitute for wood. In 1820, the consump tion increased to 48,000 tons, and in 1840, it was augmented 845,000 tons. In England it is in general use, and ma chinery equivalent to the labor of 40.000 000 of men, is now moved in that country by its use. It is now applied to steam power in this country, as well as to iron furnaces, which has reduced the price of its manufacture near 40 per cent. In 1740, the amount of iron made in Eng land and Wales was but 17,000 tons. In 1796, it had increased to 125,000 tons—in 1830, to 700,000 tons—in 183 G, it was the enormous amount of 1,612,000 and within the last nine years, $84,000,000 worth of it was exported to this country. In the U. States, the amount made is 220,000 tons; but it is fast increasing, and since the introduction of bitumous coal for the furnace it is hoped that we shall soon be able to supply ourselves.— Last year we imported from England and Russia, to the amount of SIO,OOO,OOO—N. Y. Sun. Savaoes —The Boston Mercantile Journal quote* the following, as a prayer used by the inhabitants of Madagascar —] e. ple whom we call > avag •: “O E‘ernal! have mercy upon me, because lam passing away. O Infinite! because lam weak. O Sovereign of Life ! because I draw nigh to the grave. O Omniscient! because C am in darkness. O Ail Bounteous! because l am poor. O All Sufficient! because I am nothing. ’