, 1841-01-23

rights Of the United States, hut, ut the same
time. tend TO preserve the ainicable relations
which. so advantageouly for both, subsist
between this country ard England. OF the
reality of this disposition, and of the uni
formity with which it has been evinced in
the many delicate and difficult questions
which have arisen between the two coun-
tries IN the last few years. no one can be
more convinced than yourself. II Is then
with unfeigned regret that the President
finds himself unable 10 recognize the validity
OF a demand, Il compliance with which you
deem so material to the preservation of the
good understanding which has been hitherto
manifested between the two countries.
The jurisdiction of the several States
which constitute the Union is, within its ap-
propriated sphere, perfectly independent of
The Federal Government. The offence with
which Mr.. Mcleod is charged was commit
ted within the territory, and against the laws
and citizens of the State of New York, and
is one that comes clearly within the compe-
tency of her tribunals. 1t does. not therefore.
present an occasion where under the Con
%stiiutInn and laws of the Union. the interposi-
ton called for would be proper, or for which
a warrant can be found in the powers with
which the Federal Executive is invested
Nor would the circumstances to which you
have referred. or the reasons YOU have urged.
Justify the cXcriionS of such Il power. If it cx-
listed. The transaction out Of which the
question arises. presents the case of L most
unju>t!iiahlc invasion. in Tine Of peace. of Il
portion of the territory of the United States.
by Il band of armed mcn from the adjacent
territory oGCInada. the inrcihie capture by
them within our own waters aud the SubSe-
quent destruction of Il steamboat. the proper
" OF a citizen of the United States, and the
murder Of one or more american citizens
II arreSctcd at the time. the offenders might
unqucSliunahlv have been brought 70 Justice
by the judicial authorities of the State within
whose acknowledged territory these crimes
we're committed; and then subsequent vol
Untary entrance within that territory. places
them in the same situation. The President
Is not aware OF any principle of international
law, lndecd,o i reason or justice which en-
titles such offenders 10 IMMUNITY before the
legal tribunals. when comm. voluntarily
within their inienenicnt aud u~nduubtcdi
jurisdiction. because they acted in obedience
To their superior authorities. or because their
acts have become the subject of diplomatic
discussions between the two Governments.
These methods Of redress. the lcgal prnsccu-
ton of the offenders. and the application OF
their Government: for Sa:i!ac:lnn. ate IGdc-
pcndrGi "icach other. and may Ice separate
~ and simultaneously pursued.
TIE av"wa. al Justification "i the outrage
by the British authorities. u.I-ht hr i yrcunI
of complaint wiki the government ni the
United States. distinct from the violation -,
the territory and laws Of the State of New
Io.k. The application of the Government
of the Union 10 that Of Great Britain. for the
redress OF IN authorized outrage oi the peace.
dignity. and rights of the United States. can
not deprive the State of New York Oi her
undouhted right OF vindIca,ing, through the
exercise of her Judicial power. the property
and lives of her citizens. You have very
properly regarded the absence al Mr.. Nc
Le"d from the scene of the offence at the
time when it was committed. rs not material
Ia the decision o. the present question:
This is Il matter 10 be decided BY legal evi-
dcncc; and the sincere desire of the Presi.
dent is that it NAV be satisfactorily establish
If the destruction of the Caroline waSa
public act oi persons in her MajeSty's SER
wee. pOcIlnT the ORDER oil ulelf superior lu-
thontlcs. this fact has not been before COM
munirarcd to the Government Of the United
States 10y Il person authorized Ia make the nd
missions; and it will he for the court which
has taken cognizancc of the offence with
which Mr. Mcleod is charged, To decide up
on the validity when legally established be-
fore it..
The President deems this to be 4 proper
occasion TO remind the Government of her
Birtanic majesty that the case Of the ''Caro-
line" has been long since brought TO the at
iention Of her Maiesty's princlpa Secretary
State for Foreign Affairs. who up 10 this
day, has not communicated It's decision there
upon. 1t is hoped that the Government of
her Majesty will perceive the Importance of
no longer leaving the Government OF the
United States uniformed of its views and
in tentions upon Il subject which has natural
ly produced much evaporation, and which
has led 10 such grave consequences.
| avail myself of this occasion 10 renew 10
you the assurance OF my distinguished con-
JOHN FORSYTH.
II - II. IT,, O., o.. g., l.