Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, June 23, 1841, Page 122, Image 2
Inches Produced
1st row thinned to 6 100 lbs. seed cott.
2d 44 44 to 8 90 ? ? "
3d ? 44 to 10 106" ?* "'
4th 14 to 10 106 " " ?
5?h * M u to 12 82 4* 44 44
6th 44 * to 16 10044 44 44
7th 44 44 to 18 107 * t? ? mi
8th ?4 " to 20 105 44 44 44
9th 44 ?? to 22 118 44 44 44
17th 44 to 24 91 41 *44
11th 44 w to 7 122 4' 44 44
The difference in the product of the
different rows, I suspect is owing to the
?naware not having been equally distributed,
fori?i (difficult to get preciselythe same
quantity putunder each bed. If anything
is proven by this experiment, it is, that
between six inches and twenty-four, there
is but little difference in the product; but
the same experiment must be repeated for
several years before the question, whether
one distance is better than another, can
.be settled. Last year was very wet and
the weeds grew unusually large; this
may account for the rows having the
greatest distance producing as much as
the others; but in a dry year the result
may be -very different. To make a satisfactory
experiment, [ would suggest thai
it be made upon cotton to which no manure
is applied, on account of the difficult)
ofspreading the manure equally on the
different rows.
J. A. GILLESPIE.
Marlboro\ So. Ca.
P. S ?The land on which the exper
iment was made is upland, sometime*
called oak and hickory land.
con?s.\tfi or the farmers' register, st
v. vol. ixi
OJMOISAL COMMUICATIOX3.
Answers to the general queries on the effects
of marl in regard to some farms in James
City and Surry counties?1. Of H B. M,
Richardson, of J ame? City county, Va.?II
Of Boiling Jones, of Surry county?III. O
Peter T. Spratley, of Surry county IV. Of W
C. Jones, oP Surry couoty?Capacity of the
clays and rock-marl of Virginia to form hy
drauJic ceineut, and the applicability of rock
mar! to horning lime?A legacy for younj
farmers?Desultory observations on the bank
ing system of fh* country, and the effects of in
different modes of operation?coutinued?
Great defects of the agriculture of lower
Sot'tn Caro ma?On the proper nomenclature
of grasses?Ctushed co n meal?feeding horses
?preserving baccn?Rohan potatoes?Admission*
in favor of the new four-field systemTemporary
winter farm pens. Rye a substi.
tnte for clover in Ohio?Proposal to try Hnssey'o
reaping machine?Caution to silk cultur
ists?General results of diary of the weather
kept at Fortress Monroe, (Old Point Comfort,]
Va?Silk-worm rearing in A-kansas. Im
portance of calcareous soil to grape vinesRange
of the thermometer, and state of the
weather at Washington, Ark , through l&tt
?Rotation of oats and tobacco, both profitable
and meliorating?Sweet-scented verna
Ease on poor land. Protection of buzzards?
rrstnro?Egyptian cotton cultivated in Miss
Monthly commercial report?Tbi
oawnit ?i?] r.rntis. ?Summary for news.
SELECTIONS.
Prize essay on the cultivation of tobaccoBest
time for cutting timber?Different effecU
of nitrate of soda.?Nitrate of soda?3fode o
rendering wood imperishable and incombusti
bier?The honest and beneficial credit systenr
contrasted with that which cheats and rohi
the country.?The American cotton trade?
Q,oal?ty of milk?Anti-friction?Diseases o
cattle and horses?Horse distemper?On sal
sn a prevention of disease in horses, catth
and sheep?Cotton culture in India?Weeds
DOCUMENTS
ACCOMPANYING THE PRESIDENT'S
MESSAGE.
FROM TTIE DEPARTMENT OF STATE.
Mr. Fox to Mr. Webster.
Washington, March 12, 1841.
The undersigned, Her Britannic Maj
sty's Envoy Extraordinary and Miniate
Plenipotentiary, is instructed by hii
Government to make the following olficia
communication to the Government of th<
United States.
Her Majesty's Gov?mment have hat
J? ? ? J Ike /<?irr?ennn
MHtigl IUCU CUIiMUCI anvil V". 1
denee which tock place at Washingtor
m Dceenrber last, oetweeji the Unitec
States Secretary of State, Mr. Forsyth
comprising two official- letter*? fiom tht
undersigned te Mr. Forsyth, dated th<
l*Jth and' 29th of December, and two offi
ctal etters from Mr. Forsytn to the un
dersigned* dated the 26th and 30th ol
the same monthrupon the subject of the
arrest and' imprisonment of Mr. Alexander
McLcod,. of Upper Canada, by the
authorities of the State of New York,
upon a. pretended charge of arson and
murder a* having as having been engaged
in the capture and descruction of the
steamboat "Caroline" on the 29th ol
December, 1837.
The undersigned is directed in the
..I i- l? I 4U^ (Ir...
lirsi {iiiice m metkc miu??ii iu inc wvif>
crnment of the United States that Hei
Mnjeaty's Government entirely approve
of the course persued by the undersiguec
in that correspondence, and of the Ian
gimge adopted hy him in the official letIcr.t
above mentioned.
And the undersigned is now instructec
again to demand from the Government ol
the United States, formally, in the name
of the British Government, the imraedi.
ate release of Mr. Alex. McLeod.
The grounds upon which the British
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
transaction of a. public character, planned
and executed by persons duly empowered
by Her Majesty's Colonial Authorities tc
take any steps and do any acts which
might Ik; necessary for the defence ol
Her Majesty's territories, and for the pro.
tectum of Her Majesty's subjects; and
that consequently those subjects of Hei
wbqeugaged in that transaction
^ ft.-UP* ? . ;
were performing an act of public duty for o
which they cannot b^matie pereenally ?
and individually answerable to tWjjjaws h
and tribunals of any 'foreign fepunijjgfr $
The transaction in question may have |j
have been, as Her Majesty '^Government
are of opinion that it was, a justifiable
employment of force for the purpose of*
defending the British territory from the
unprovoked attack of a band of British
iel>els and American pirates, who* having ,
been permitted to arm and organize them- /
selves within the territory of the United j
States, had actually invaded and occupied j
a portion of the territory of Her Majesty, 5
or as it may have been, as alleged by Mr. J
Forsvth in his note to the undersigned" of
* , C5 , .
the 20th of December, "a most unjusti- l
fiable invasion in time of peace of the t
territory of the United States." But this
is a question essentially of a political and s
international kind, which can be discussed 1
and settled only between the two Governments,
and which the courts of justice '
of the Stato of New York cannot by possibility
have any means of judging or any
right of deciding. . j
it would be contrary to the universal .
-A nntinno In fiv inHi. I .
piilCllCC "I UHii^ru uaiiuug >v ...... . ,
vidual responsibility upon persons who, |
with the sanction or by the orders of the j
constituted authorities of a State, enga- i
ged 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 tiie
miseries, and would frightfully increase
the demoralizing offocts of war, by mix. '
ing up with national exasperation the
ferocity of personal passions, and the j
cruelty and bitterness of individual re |
venge. ,
Her Majesty's Government cannot be- ,
lieve that the Government of the United (
r States can really intend to set an exam- <
pie so fraught with evil to the commu- l
nity of nations, and the direct the ten- ?
dency of which must Ih? to bring back !
into the practice of modern war atroci-f*
ties which civilization and Christianity 1
j have long since banished,
j Neither can Her Majesty's Govern- j
! ment admit admit for a moment the va- ^
lidity of the doctrine advanced by Mr.
Forsyth, that the Federal Government of ,
the United States has no power to inter. (
fere in the matter in question, and that <
iKo <l0/?ia!nn tliAronf must rpst solelv and
illV UVVIOiv* ?a?v? v ? ? ?? . -
entirely with the State of New York. ]
With the particulars of the internal I
compact which may exist between the |
several States that compose the Union, '
foreign Powers have nothing to do: the '
relations of foreign Powers are with the '
aggregate Union: that Union is to them '
represented by the Federal Government; 1
and of that Union the Federal Govern. (
ment is to them the only organ. Therefore, (
when a foreign Power has redress to de- (
mand for a wrong done to it by any ,
State of the Union, it is to the Federal ,
Government, and not to the separate^
State, that such Power must look for redress
for that wrong. And such foreign i
Power cannot admit the plea that the I
separate State is an independent body (
over which the Federal Government has 1
no control. It is obvious that such a doctrine,
if admitted, would at once to go a
dissolution of the Union as far as its relations
with foreign Powers are 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 1
*? *1"? no nk Liftn'l rn to
IU IIIC UUVfl lilllCIII ill uai.11 nujmiuiv
, 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 rela- |
tions they might have with the rest, ,
Her Majesty's Government apprehend i
that the above is not the conclusion at
which the Government of the United |
States intend to arrive; yet such is the ,
conclusion to which the arguments that ,
have been advanced by Mr. Forsyth necessarily
lead. . |
But be that as it may, Her Majesty's
. Government formally demand, upon the (
grounds already stated, the immediate re- i
lease of Mr. McLeod; and Her Majesty's ,
Government entreat the President of the {
Uoited States to take into his most dtlib- i
erafe consideration the serious nature of i
the consequences which must ensue from j
a rejection of this demand.
The United States Government will / j
perceive ti'jaf, in demanding Mr. McLeod's ,
release, Her Majesty's Government argue ,
upon the assumption that he was one of
*1 ?'. J ?r? ikn iiontnrp nf
me persons engaiit-u >? v. ?
Steamboat " Caroline;" h"t Her Majcs- i
ty's Government have the strongest reas. ,
ons for being convinced that Mr. McLeod i
was not in fact engaged in that transaction
: and the undersigned is hereupon
instructed to say that although the cir- ,
cumstance itself makes no difference in i
the political and international question at i
issue ; and although Her Majesty's Gov- (
eminent do not demand Mr. JVJcLeod's
release upon the ground that he was not
concerned in the capture of the "Caro- ,
line," but upon the ground that the cap. |
ture of the " Caroline" was a transaction (|
of a public character for which the per- ,
sons engaged in it cannot incur private ,
and personal responsibility; yet the Gov- |
ernment of the United States must not ,
j disguise from themselves that the fact ,
i that Mr. McLeod was not engaged in the ,
j transaction must necessarily tend greatly j
to inflame that national resentment which i
any harm that shall he suffered bv Mr. |
McLeod at the hands of the authorities of |
the State of New York will infallibly ex
cite throughout the whole of the British |
Empire. I
The undersigned, in addressing the |
pfescnt official communication, bv order <
i v - 5 '
S his Government, to Mr. WrEstp*, I
lecretary of State of the United States, 1
as the hojpor. to offer- to him the as- 1
ura ope of his. distinguished considers- r
ion. H. S. FOX.
rhe Hon. Daniel Webster, &c. dec. dec. t
v X . * | i
-* : Mr Wcbster'io Mr, Fox, <
Departeent op State.'" <
' Washington "April 24, 1841. 1
.The undersign Secretary of State of s
he (Inited States, has the honnor to in. i
orm Mr. Fox, Envoy Extraordinary and
dinisterj Plenipotentiary of Her Britanie 1
dajesty,; that his note of the 12th of 1
flarch was received and laid before the '
Resident. < 1? * '}
- Circumstances well knowft to Mr. Fox
lave necessarily delayed, for some days. 1
he consideration of that reply.
The undersigned has the honor now to i
ay that it has been fully considered, and 1
hat he has been directed by the President
o address to Mr, Fox the- following re>(y;
. !
Mr. Fox informs the Government of 1
the United States that he is instructed to J
nake known to it, that the Government
>f Her-Maje?tv entirely approve t he course
pursued bv him in his correspondence
svith Mr. Fohsvth in December last, and
the language adopted by him on the occalion;
and that the Government have initructed
him "again to demand from the
Government of the United States, formally,
in the name of the British Gov- 1
jrnment, the immediate release of Mr.
Alexander McLeod;" "the grounds upon ;
which the British Government make this
iemand upon the Government of the United
States are these: That the transac.
tion on account of which Mr. McLeod
has heen arrested, and is to be put upon '
his trial was a transaction of ?.fptiblic character,
planned and executed by persons
duelv empowered bv Her Mnjestiy's colonial
authorities to tnke any step and to
do any acts which might he necessary for
the defence of Her Majesty** territories,
and for the protection of Her Majesty's
subjects, .and that consequently shcae
subjects of Her Majesty who engaged in
that tranaction were performing an act of
tjublic duty, for they cannot be made
aersonally and individually answerable
to the law and tribunals of any foreign
country."
Tlio President is not certain that he
jndcrstood precisely the meaning intended
by her majesty's Government to be'
conveyed by the foregoing instructipn. ^
This doul>t has occasioned with the
President some hesitation, but he inclines
:o take it for granted that the main purpose
of the instruction was to cause it to
>c signified to the Government of the United
States that the attack on the Steamboat
"Caroline" was an act of.public
force done by the British colonia] author,
ities, and fully recogniz.ed by the Queen's.
Government at home, and consequently
an individual concerned in that transaction
cannot according to the just principles
of the l$w of nations, he held personally
answerable in the ordinary courts of law
as for a private offence; and that upon
this avowal of Her Majesty's Government
Alexander McLood now imprissoned on
an indictment for murder alleged to
have been committed in ' that attack,
ought to be released by such proceedings
as are usual and are suitable to the
case.
The President addopts the conclusion
that nothing more than this could have
intended to be expressed, from the consid.
eration that Her Majesty's Government
must be fully aware that in the U. States
as in England; presons confined under
judicial process can he relenased from that
confinement only by judiciral procscs..?
In neither country, as the undersign
supposes, can the arm of the Executive
power interfer, 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 courts of judicature.
If an indictment, like that which has been
found against Alex. 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,
_ a it. _ l: if
or mat ine pnssoner migm cause mmseii
to ho brought iij? on heabeas corpus and
discharged, if his ground of discharge
should be adjudged sufficient, or that he
might prove the same facts, and insist on
the same defence or exemption on his trial.
All these arc legal modes of preceed-.
ing, well known to the laws and practice
of both countries. But the undersigned
does not suppose that, ifsuch a case were to
arise in England, the power of the executive
Government could be exerted in any
more direct mrnner. Even in the case
of Ambassadors and other public Ministers
whose right at exemption from arrest
is personal, requiring no fact to be ascertained
but the mere fact of diplomatic
character, and to arrest whom is sometimes
made a highly penal offence, if the
arrest he actually made, it must be discharged
by application to the courts of
law. . .i
It is understood that Alexander AfcLeod
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 caces. And
this strongly illustrates, as the undersigned
concieves the propriety of the foregoing
observation; 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,
hut that such suit must go on to its regular
judicial termination. If, therefore,
inv course different from such as have
now been mentioned was in contemplation
of Her ilfajesty's Government something
would seem to have been expected
Crom the Government of the United States i
4 , *
tactile-conformable to the usages ofHhe ai
Jbglish Government as to those of the qi
jolted States,' and to which this Govern,
bent cannot accede. hi
The Government of the United States ui
herefore, acting upon the presumtion de
vhich 1t already addopted, that nothing ti<
;xtraordinary or unusual was expected m
>r requested of it, decided, on the recep* re
ion of Mr. Fox's note, to take such mea. ti<
jures as the occasion and its own duty re
ippear to require. w
In his note to Mr. Fox of the 2flth of ai
December last, Mr. Forsyth, the Secre- ei
tary of State of the United States, obser. tc
ves, that "if the destruction of the *Caro? m
line' was a public act of persons in Her H
Majesty's service, obeying the order of ti
their superior authorities this fact has c<
been before communicated to the Govern, tj
ment of the United Spates by a person p
authorized to make the admission and it w
will be for the court which has taken cog. a
nizance of the offence with which Mr. a
McLeod is charged to decide upon its vali- tl
dity when legally established before it;' & tl
adds, "The President deems it to be a tl
proper occasion to remind the Government tl
of Her Britanic Majesty that the case of a
the *Carol:ne' has been long since brought F
to the attention of her Majesty's princi- tl
pal Secretary of State for Foreign Affairs,
who up to this day, has not communicated d
its decision thereupon. It is hoped that e
the Government of her Majesty will per. v
cieve the importance of no longer leaving ti
the Government of the United States un- r
informed of its views and intentions upon G
a subject which has naturally produceed o
much exasperation, and which has led to a
such grave consequences." . u
The communication of the fact that d
.l- J?* ':? -c .u_ up 1: ? n
me ucniruuuuii 01 uie "v/aruiuic was an ?
act of public force by the British authori- a
ties being formally made to the Govern, h
ment of the United States by Mr. Fox's c
note, the case assumes a decided aspect. Ii
The Government of the United States i
entertains no doubt that, after this avow- c
a\ of the transaction as a public transac. d
tion, authorized and undertaken by the e
British authorities, individuals concerned t
in it ought not, by the principles of pub I
lie law and the general usage of civilized e
States, to he holden personally responsible 1
in the ordinary tribunals of law for their *
participatian in it. And the President t
presumes that it can hardly be necessary t
to say that the American People, not dis- <
trustful of their ability to redress public c
wrongs by public means, cannot desire \
the punishment of individuals when the r
act complained of is declared to have been t
an act of the Government itself. f
Soon after the date of Mr- Fox's note, <
an instruction was given to the Attorney i
General of the United States from this <
Department, by direction of the Presi- I
dent, which fully sets forth the opinions ?
of this Government on the subject of Mr. i
McLeod's imprisonment, a copy of which i
instruction the undersigned has the honor <
herewith to enclose. i
The indictment againht McLeod- is I
pending in a State Court, but his rights, <
whatever they may be, are no less safe, it 1
is to be presumed, than if he, were holden
to answer, in one of the courts of this i
Government. I
He demands immunity, from personal ?
responsibility by virtue of the law of na- i
tions, and that law, in civilized States, is i
to be respected in all courts. None is I
either so high or so low as to escape from s
its authority in cases to which its rules <
and principles apply. t
This Department has been regularly f
informed, by his excellency the Governor I
of the State of New York, that the Chief I
Tii.tina /if tlto* QtnU IVfla aMIffnAlt trt ni*G. {
UOHOTi VI lliav KJIU v\> Vf ?*v p ?
side at the hearing and trial ofMcLeod's i
case, hut that, owing to some error or mis- 5
take in the process of summoning the ju- i
ry, the hearing was necessarily defer- 1
red. i
(Concluded on the Fourth Page) I
Copy of a letter of instruction from the \
Secretary of State to the Attorney General '
accompanying the letter of Mr. Webster, to {
Mr. Fox in regard to the case of Mcleod, j
Copy of instructions to Mr. Crittenden, en- ,
closed in the above. ,
Dbpartmbnt of Statb s i
Washington, March 15th, 1841. )
Sir; Alexander McLeod, a Canadian
subject of Her Botanic Majesty, is now imprisoned
at Lockport, in the state of New
York, uader an indictment for murder, alleged 1
to have been committed by him in the attack
and destruction of the steamboat Caroline,
at Schlosser, in that state, on the i
night of the 20th of December, 1837; and
his trial is expected to take place at
Lockport, on the 22d inst.
You arc apprised of the correspondence |
which took place hetween Mr. Forsyth, |
late Secretary of State, and Mr. Fox, Her '
$ritanuic Majesty's minister, here, on >
this subject in December last. |
In his note to Mr. Fox, on the 26th of I
that month, Mr. Forsyth says : 14 If the <
destruction of the Carolina was a public <
act ef persons in her Majesty's service
obeying the order of their superior au- i
thoritics, 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 which has been taking cognizance I
of the offence with which Mr. McLeod is i
charged to decide upon its validity when '
legally established before it.
"The President deems this to be a '
nroncr occasion to remind the Govern- '
r" r
ment of Her Britannic Majesty that the 1
case of the Caroline has been long since ,
brought to the attention of Her Majesty's
principal Secretary of State for Foreign 1
Affairs, who, up to this day, has not com. |
municated 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 which has
naturally produced much exasperation,
id which haa led to such grave conse- Ne
lences." trii
I have now to inform yqu tint Mr. Fox the
is addressed a note to this Department, 1
ider date of the 12th inst. in which, un- yoi
;r the immediate inlftuction and ^irecan
of his Government, hedemandsY for*'" the
ally and officially, McLeod's immediate of
lease, on the ground that the transac- ial
an, on account of which he has been ar- hai
sted and is to be put upon his trial, be
a9 of a public character, planned yoi
id executed by the persons duly empow. yo
ed by Her Majesty's colonial authorities hir
? take any steps, and do any acts, which du
light be necessary for the defends of Her thi
fajesty's territories, and for the protec- be
on of Her Majesty's subjects ; and that sh
nnsequently these subjects of Her Majes- m<
j who engaged in that transaction were of
erforming an act of public duty for Ui
hich they cannot be made personally
nd individually answerable to the laws de
nd. tribunals of any foreign country; and pli
iat Her Majesty's Gevernmont has far- on
ler directed Mr. Fox to make known to fo
le Government of the United States f <
aat Her Majesty's Government entirely m<
pproveot,the course pursued by Mr.
ox, and the language adopted by him in G<
ae correspondence above mentioned. ;
There is, therefore, nrow, an authentic
eclaration on the part of the British Govrnment
that the attack on the Caroline
ras an act of public force, done by millary
men, under the orders of their supeiors,
and is recognized as such by the
Queen's Government. The importance
C flild / Iftnlr.i.n tlrtn in rs.4 Kft rl/MlK<Orl IVi
1 inio uui/iuiauuu la IIUL m uvuv?UM| ?t*
nd the President is of opinion that it calls ru
pon him for the performance of a high er
uty.?That an individual forming part th
fa public force, and acting under the jg
uthority of his Government's not to be ^
leld answerable, as a private trespasser cj
ir malefactor, is a principle of public ^
aw, sanctioned by the usages of all civil- ^
zed nations, and which the Government
>f tho United States has no inclination to ai
lispute. This has no connexion whatev* ?'
ir with the question whether, in this case
he attack on the Caroline was, as the
British Government think it, a justifiable
imploymcnt of force for the purpose of de- a
ending the British territory from unpro- w
oked attack, or whether it was a most Q
injustifiable invasion in time of peace of ai
he territory of the United States, as this ir
jovernment has regarded it. The two f
jnestions are essentially different; and, gj
vhi'e acknowledging that an individual s|
nay claim immunity from the consequ- ?
!nee of acts done by him showing that he ?
icted under national authority, this Govjrnmcnt
Is not to be nndcrstood as chang- ^
ng the opinions which it has heretofore
jxpressed in regard to the real nature of
[he transaction which resulted in the deduction
ofthe Caroline. That subject
t is not necessary, for any purpose conaected
with this communication, to dissuss.
The views of this Government in
elation to it are known to that of Eng- s)
and ; and we are expecting the, answer ^
if that Government to the communiaation
which has been made to it. c
All that is intended to be said, at pre- p
lent, is that since the attack on the Caro- jine
is avowed as a national act, which ^
may justify reprisals, or even general war, ^
f the Government of the United Slates,
n the judgment which it shall form of the
transaction, and of its own duty, should
jee fit so to decide, yet that it raises a j
question entirely public and political, a '
question between . independent nations,
md that individuals concerned in it cannot /
>e arrested and tried before the ordinary 1
tribunals, as for the violation of municipi- i
il law. If the attack on the Caroline was t
^justifiable, as this Government has as*erted,
the law which has been violated .1
is the law of nations, and the redress
svhich is to be sought is the redress autho- ?
ized in such cases by the provisions of
that code. ^
You are well aware-that the President
lias no power to arrest the proceeding in. ^
the civil and criminal courts of the state
afNew York. If this indictment were
sending in one of the courts of the United ;
States, I am directed to say that the Presi- g
ient upon the receipt of Mr.# Fox's last
communication, would immediately have ^
4! mr-tnA u ?rn?/>/7)/J tn hf? finterpd.
nil Wk\>U a /# WVWM-V ?v
fl
Whether, in this case, the Governor of ,
New Yc rk has that power, or if he has,
whethei he would feel it his duty to exer.
else it, are points upon which we are not 9
informed. 8
It is understood that McLeod is hotden T
also on civil process, sued out against him i
by the owner of the Caroline. We sup- i
pose it very clear that the Executive of 1
the State cannot interfere with such a r
process ; and, indeed, if such process were r
pending in the courts of (he Unjted States, j
the Presideut could not arrest it. In j
such and many analogous cases the party r
prosecuted or sued must avail himself of s
his exemption or defence by judicial pro- t
ceedings. either in the court which he is ?
called, or in some other court. But F
whether the process be criminal or civil, t
the fact of having acted under public au- c
thority, and in obedience to the orders of r
lawful superiors, must be regarded as a f
valid defence, otherwise, individuals jj
would be holden responsible for injurious \
resulting from the acts of Government, I
and even from the operations of public t
war. \
You will be furnished with a copy of
this instruction for the use of the Executive
of New York, and the Attorney Gen- 1
oral of that State. You will carry with a
you, also, authentic evidence of the recog- c
nigtion by the British Government of the t
destruction of the Caroline as an act of
public force done by national authority. <
The President is impressed with the <
propriety of transferring the trial from [
the scene of the principal excitement to I
some other and distant county?You will '
take care that this be suggested to the i
prisoner's counsel. The President is i
gratified to learn that the Governor of |
| .. - -
/
k,
1 p
wYork has already directed tjiat the
il take place before the Chief Justio^f
> State. *
Saving consulted with the Governor,
i will proceed toLockport, or wherever
0 the trial may be holden, and furnish
1 prisoner's counjel with the evidence
which you will be in possession materto
his defence. You will see tHht he
re skilful and eminent qouppet, jj ft such
not already retained ; and, although >
u are not desired to-act--as counsel,
urself; you cause it to be signified to # ,
n, and to tfce gentleman who may con*
ct his defence, that it is the wish of
is Government that, in case bis defence
overruled by the court in wbicb he
all he tried, proper steps be taken
ediately for removing the cause, by writ
error, to the "Supreme Court of the
nited States.
The President hopes you will use such
spatch as to make your arrival at the
see of trial sure before the trial conaee
i; and he trusts you will keep him is*
rmed of whatever occurs* by mean* of
correspondence through this Depart*
ent. %r*i~ #% >. '
I have the honof 'to be Mr.r Attorney
Bneral, your obedient servant,
DANIEL WEBSTfeR.
Hon. John J. Crittenden.
Attorney General of the United State*.
Bangor, (Me.,) June 4.
INDEBFUL PRESENCE OF MIND?A PROMT
ACTION.
We learn that two men, whose names
e have not ascertained* were yesterday
nning a raft of logs down the main riv;
when approaching Great Work's Falls
ey found it impossible to make land as
usual, and were rapidly swept towards
e Falls. In an instant they cut a log
ear from the raft., and both jumped in- ^
> the water, one upon each'side of the
g, clinched their hands over the top of it,
id gallantly and safely passed down
rer the Falls.?Whig.
1 ?
AMUSEMENTS 07 HIE NOBILITY.
The young Earle of Waldegrare, and
boon companion by the name of Daf?
ere lately indicted at the Court of
[ueen's Bench, in London, for assaulting
id dre .dfully beating an old watchman,
i the course of their nocturnal rambles,
'hey pleaded guiltv, and, after an iropres*
ve admonition from the Judge, his *Lord, .
lip" was sentenced to pay a fine of
200, and Captain Duff to pay a fine of
-50, and both of the defendants to ha
nprisoncd in the Queen's Bench Prison
)r the term of six months,
ANOTHER CHARLESTON ARTIST. '
Our city, in the letter oft late eorres,
undent, was truly styled the mother, of
rtists. We had the pleasure, yesterday - u
fternoon, of visiting the rtudia of
'homas Wightman, over the gir6ce?y ?
[ore of Mr. Nichols, corner of Meetntf
nd Society streets, and found it adorned
rith a number of excellent portraits, the
reations of his young but tasteful pencil,
[e not only excels iu catching the Bring
ncament, but his drapery is uncommen*^
f fich and beautiful?indeed the brnfis!
ress (if one of his beautiful subjects is
if the expression be not too masculine)*
laster-piece?it is certainly a model,
Mr. Wightmnu; a native of this city,
i the son of one, and the brother ef an*
ther of our worthy citizens, and is a Mjghy
promising pupil of the celebrated per*
rait painter, toman, on whose style he .node!*
his own performances. He will
save this city, to-morrow, for the North,
here to complete his studies, and will
vetfirn o fMAnrp Mfi III A VftRT AP
I Vl/ai/l y I^IUIII way w -WW
hereabouts, to claim from bis fellow-citi.
ens. a share of their patronage. - Mr.
Vightman's studio will .be open to-day, . .
or the reception of such visiters as may
e desirous of seeing tho promise of youth,
nd comparing it hereafter with the per* ,
ormance of maturity.
Charleston Courier.
The New Orleans paper of the 10th,
;ive an account of a scene which occur*
ed in court on the 8th, which must have
een thrilling in the extreme. An inditido*
1 namedjJGeorge A. Hamilton had some
a) s ago i been convicted of forge, y.?
Vhen called up to be sentenced, the nana!
question as to what he had to say before
entence should be passed. To thi* he
eplied in an address of an hour in length
n which he endeavored to show that he
vas the victero of conspiracy, and that
le was entirely innocent of the charge.
The Judge replied to him, that his re.
narks had failed to make any other ira.
session than that of pity for his situation
tnd the still stronger belief that he wat
juilty of the charge. Tne Judge then
entenced him to four years in the peni.
entiary. Just at this moment some
gentleman exclaimed, "he has a knife tn
lis hand," but before he could be preven.
ed he plunged it into himself in two pla*
:es, once in the abdomen and once in the
egion of the heart. He soon fainted
roar loss of blood, and was taken to a
irivate appartment, followed by his wife
vho has sat by him during the trial.?
'bysicians examined and dressed the
he wounds, and ascertained that they
we re not necessarily fatal.
The awful sentence of the law was on
?riday last executed upon Madison John.
? ftnJ .. AM A f Uifl nrvo whn ?u
<JUj in me ?<iu jrcai ui iimo^v, " ? ? ?:onvicted
in our Superior Court of tlx
nurder of Henry Beasley.
He was taken from the Jail about XI*
i'clock and conducted to the gallows on*
ier the guard of our fine yolanteer com*
rnny, followed by a large crowd of Spec*
^itors from the town and country, where
he addressed the people nearly'an bop*;
n an unfaltering voice?warningind
especially the young, against * r*'
practices of gambling* intemperance