The Sun.
London, England, 1841-02-05 00:00:00

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EVENING EDITION.

ENGLAND AND THE UNITED

STATES.

IMPORTANT CASE OF MR. M'LEOD.

In our files of New York Papers to the Bth ult., brought
by the packet ship Cambridge, we find that the case of
Mr. M'Leod has been brought before Cengress. This
a
person, a British subject, and native of Canada, was re-
cently seized by order of the authorities of the State of
New York, on the alleged ground that he had been en-
gaged in burning the steamboat Caroline during the
Canadian rebellion of 1837. Mr. Fox, the British
Minister at Washington, demanded the liberation of Mr.
M'Leod, and a correspondence on the subject took place
between him and Mr. Forsyth, the United States' Secre-
tary of State, which has been submitted to Congress.
Mr. Fox has called upon the Government of the United
States to take prompt and effectual steps for the liberation
of Mr. M'Leod. "It is well known," says Mr. Fox,
" that the destruction of the steamboat Caroline was a
public act of persons in her Majesty's service, obeying the
orders of their superior authorities. That act, therefore,
according to the usages of nations, car. only be the subject
of discussion between the two national Governments. It
cannot justly be made the ground of legal proceedings in
the United States against the individuals concerned, who
were bound to obey the authorities appointed by their own
Government." Mr. Forsyth, in his reply, after stating
the anxious desire of his Government to maintain amicable
relations between the United States and England, says—
" It is then with unfeigned regret that the Pre,ident
finds himself unable to recognise the validity of a demand,
a compliance with which you deem so material to the
preservation of the good underztaeding niiich has been
hitherto manifested between the two countries.
" The jurisdiction of the several States la hich constitute
the Union is, within its appropriate sphere, perfectly in-
dependent of the Federal Government. The offence
with which M'Leod is charged was committed within the
territory. and against the laws and citizens, of the State
of New York, and is one that conies clearly within the
competency of her tribunals. It does not, therefore, pro-
sent an occasion where, under the constitution and laws
of the Union, the interposition called for wculd be pro.
per, for which a warrant can be found in the powers with
wich the Federal Exeeutiva is invested. Nor would the
circumstances to which you have referred, or the reasons
you have urged, justify the exertion of such a power, if it
existed."

Mr. Fox, in reply to the note of Mr. Forsyth, dated
December 26, in which the application for the relief of
M`Leod is refused, regrets this refusal, and intimates that
it, and the ill-treatment of Mr. Al'Lcod, will lead to the
most grave and serious consequences. Ho states again
that the attack on the Caroline was made in pursuance of
orders from the Colonial Authorities, and he says that the
Caroline was a piratical vessel, and was but nominally
within the jurisdiction of the United States. The autho-
rities of New York had beer, unable to maintain their ju-
risdiction at the place where the Caroline was attacked, or
even to prevent the pirates from carrying off from that
place the cannon belonging to the State. He was not
authorized to state what were the views of her Majesty's
Government on this subject, but he took this occasion to
place his own cpinion on record.
Forsyth expresses his belief that Mr. Fox would
not entertain this opinion if he had seen the whole evi-
dence on the subject, which was carefully collected by the
United States, and communicated to the British Govern_
tnent. He had no more to say to Mr. Fox on the matter,
and awaits the result of the demand upon Great Britain
for reparation.
The reading of these documents, the two first having
been communicated prior to the second and tiiird, gave rise
to irregular, but somewhat excited, discussions in the
House of Representatives. All the Members who spoke
approved of the manner in which Mr. Forsvth bad met
the demand of Mr. Fox for the liberation of SrLeod. Mr.
Alford, of Georgia, said that, as a southern man, be had
not more rs:,-mrathy towards the north-eastern territory
than lie ought to have; but ho did know that the lion
•of Eaglend had been growling for his prey on
that north-eastern boundary long ago. As an
American citizen he felt humbled at the reflection
that under the administretion of Martin Van Buren, the
eegle of the United States had cowered under the lion of
England. He felt humbled, that a country which, even
in the days of the revolution, was strong enough to defend
its rights, should now permit the Queen of England to
deprive them of everything. Mr. Holmes, of South Ca-
rolina, asked whether the remarks made by Mr. Alford
were to be considered ominous of the future action of the
new Administration. Were they to judge, from the re-
marks made by one of its friends, that the country was
to be precipitated into a confl'et with this mighty power,
prepared and armed at every point, and that, too, for a
line of demarcation ? If they were to rush into the con-
flict, if the south eels to be prostrated, he was thankful
that gentlemen had shown their hands, that the south
might know that one of the results attending the triumph
of this great party sass a question of territorial war.
Mr. Alford, in reply,seid that ha had merely spoken his
own sentiments. His own wish was, that the United
States should n ver war with Great Britain on this or any
other question, if war could be honourably avoided.
Mr. Cushing had been delighted to hear the patriotic
sentiments which had fallen from the lips of the Member
from Georgia, and believed that, upon reflection, they
would find approval even in the heart ci the Member from
South Carolina.

After the Keond and the third letters had teen read, a
debate followed, in which • •

Mr. Davis, of Indiana, basing intimated that be ri•as
tired of tile words t‘ micr.He relations," that he did rot
wish the land of the lion heart and eagle ee to crouch
to the British Government,"

Mr. GrAnger replied, and after stating that, whatever
the exciternrnt i Western New York on this subject,
Al'Leoa v,ot.id have a fair trial, he said—

" If upon that trial lie can be shown to be innocent, he
will be acquitted ; if he should be proved guilty, beyond
the posAbilitv of doubt, he will be copdemned ; and, it
condemned, he will he executed—Lis execution b,:ing due
to the supremacy of the laws of the Stets of New York.
That act performed—if the British Government should
hastily take upon herself to redress the supposed wrong,
she will find in Western New York the same blood that
was there in 1 812—unbought b'y British gold—unbought,
and to be bought only by that love of country that has
marked her, and that has marked the whole people
cf this wide-spread confederacy. I have co fear, as
the gentleman from Indiana (Mr. Davis) seems to
have, that this country will ever crouch to the Bri-
.

fish lion. She will act cautiously and dispassionately ;
she will execute the laws within their proper limits wiely
and jus:ly ; end, when that is done, my word for it, the
gentleman from Indiana need net fear that either the Ge-
nertl Government or the State of New York will quail
before the British lion." _ . .

•
A correspondent of one of the New York papers, writ-
ing from Washington, makes the following remarks on the
correspondence, and the debates to which its reading had
given rise :-
46 Mr. Forsyth, honorer, has suggested a course which
a pacific disposition and sound discretion ought to sanction,
viz., that the separate and independent action of the autho-
rities of New York, and of national diplomacy between
the two countries, in such a task, should proceed pari passe
and simultaneously. We presume, or should hope, that
there is a competence in the Chancery or other powers of
New York to conform to such a rule, and thus afford all
possible opportunities for an amicable adjustment of the
difficulty. If the Government of Great Britain sees rea-
sons for seeking an occasional quarrel, of course there is
no remedy. This new and unexpected pocition is a just
matter of surprise, more especially that Mr. Fox should
seize upon common rumour or common impressions as a
materia. for diplomatic argument, as a thing granted be-
tween the two Goversments, when it bad never been
touched by them.
The President's Message, in reply to the resolution
of the House calling for information as to any proceedings of
the British Government by which our trade with China
bud been interrupted, had been received, read, and refer-
red to the Committee on Foreign Affairs.
Mr. Stevenson, in a letter to Lord Parmerston, in-
quires, whether the Order in Council of the 3d of April,
1840, authorising reprisals upon vessels and property of
Chinese subjects, would be so construct' as to extend to
vessels and property of merchants resident in Canton, and
consigning vessels to agents resident in Canton. He
enters into an argument to show that it should not, under
national law, be so construed. He mentions that some
American merchants had large permanent establishments
at Canton, arid that some of their vessels laden ‘lith Bri-
tish and American goods were delayed in several ports
until they could be assured of safety in their intended
voyages.
e with the
enaeine n
the same
" The reply of Lord Palmerston is, that the Law of
Nations would justiiv Great Britain in d
vessels and property of residents in Ctanotot.
manner as with the vessels anddpreopnert property of Chinese
principle, but,
sub-
jects ; that the order was bhaasse
been given to the Admiral
in command to apply the order only to Chinese subjects
nevertheless, that directions
for the pi eseat.
/1,..
13'""rth the
19th of November Lord Pal-
Stevenso, that ' the necessaryesty,
measures had been taken rnerstun gave notice to r.
by command of her Maj
for the blockade of the river
and
time,measures all portthe of Canton
by 'lllits
entrances; and that,
from
this
au-
thorized by the Law of Nations will be adopted and exe-
cuted with - respect to all vessels which may attempt to vio.
late the slid blockade.

On .1\ fonciay last were landed at Harborough
the Captain end crew of the schooner Eden, of Sunder-
land, which was lost on the 23d ult., about 40 miles to
the eastward of Aberdeen, during a gale of wind and a
heavy sea, in consequence of her having sprung a leak.
The Captain and crew were rescued by Captain Craw-
ford (and his crew), of the Esker, of Dundee, and about
an hour after they saw the Eden sink. Much praise is
due to Captain Crawford for his gallant manner iu saving
their live and for the kind treattooat while on board his
ve,sA. The. Ann, Randall, from Seville, for Leith,
arrived in the roads on Thuisday lost the mate over-
board on her passage. His runic was Geo. Smith,
„s'oap:
posed to a native of this place. The Herrings, d
The in,a`? Suf-
dart, from Quebec, for Newcastle, lost the master ancitc:rnaes
mar, overboard on the pesr,age.
Charles Fisk, and supposed to belong to Nut or
Cambridge Advertiser.
he Duke of Portland
N EWA RK, FEB. The horses in his
had a ;Arrow escape a few d.ay s
Grace with him broke it almost to
pieces. n
the East India direction,
iern
; there arc
caused breye2Hrit'isis:asG' edr,ra,
erae:cet.nabae:tsoc:csf:'s:lYM)ic escaped u
John
in the field Colonel J. Bryant,
already three ea:did
W. 11. C. Piowden, of Devonshire-
Beugal army ;Ir.
and Major-General Archibald Robertson.
Pl3cle's;; 0 sons of tile late Rev. Joseph Preston, Rec-
tor
of Galbslly, met a watery grave in the Thames steamer,
from Dublin to London. 'they were nephews of the late
Lord Tara, on their way to Paris. Joseph, the eldest,
was in his twenty-second veer, and James, the youngest
brother, only eighteen. The servant man who attended
them is also supposed to have perished. The second
brother, who survives, will inherit the estates.—Glasgoto
Courier.

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