The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-05
Mr.. Forsyth TO Mr.. For.

DEPARTMENT OF STATE
Washington December &c, 1910.
SR | have the honor to acknowledge and have
laid before the President your letter of the 18th inst,
touching the arrest and Imprisonment of Alexander
Mcleod British subject and late Deputy Sheriff of
the Niagara District, in Upper Canada, on charge
of murder and arson as having been engaged in the
capture and destruction of the steamboat Caroline"
in the month of December 1887 in respect to which
you state that you feel il your duty TO call upon the
Government Of the United States to take prompt and
cliectual steps for the liberation Of Mr. McLead, and
10 prevent others of the subjects of her Majesty the
Queen OF Great Britain, from being prosecuted OF
molested in similar manner, for the future.
This demand, with the grounds upon which it is
made has been duly considered by the President, with
sincere desire TO give such reply will not only
manifest proper regard for the cqaracter and rights
of the United States, but at the time, tend to
preserve the amicate relations which SO advantage
ously for BOTH subsst between this country and Eng
land OF the reality of this disposition, and Of the
uniformity with which it has been evinced in the many
delicate and difficult questions which have arisen be-
tween the two countries in the last few years
can be convinced than yourself II is then with
unfegned regret that the President finds himself
able TO recognise the validity of demand, a compi-
ancc with which YOU deem material to the prcscrva-
ton of the good understanding which has been hith
erto manifested between the two countries.
The jurisdiction of the several States which consti
tutes the Union is, within It's appropriated sphere
perfectly independent of the Federal Government
committed within the Territory, and against the laws
and citizens Of the State Of New York and is that
clearly within the competency of her tribunals
II does not, therefore, present occasion where
der the Constitution and laws of the Union, the inter
position called for would be proper, for which
warrant can be found in the powers with which the
Federal Executive is invested. Nor would the cir
cumstances to which you have referred the
you have urged justify the excrton OF such power
ii it existed The transaction out of which the ques
ia hp OG m iab
INVASION in time of peace, of portion of the territory
of the United States by band of armed men from the
adjacent territory of Canada the orcibe capture by
them within our own waters, and the subsequent de-
strucon OF steamboat the property of citizen the
United States, and the murder Of one more Amcr
citizens lf arrested at the time, the offenders
might unquestonaby have been brought to justice by
the judicial authorities of the State within whose
knowedged territory these crimes were committed ;
and their subsequent voluntary entrance within that
territory places them in the situation The
President is not aware of any principle ofinternaonal
law, indeed of reason or justice which entities such
offenders TO IMMUNITY before the legal tribunals, when
coming voluntarily within their Independent and I'M
doubted juTsdction because they acted in obedience
To their superior authorities because their have
become the subject of diplomatic discussion bet
the two Governments These methods of redress, the
legal prosecution of the offenders, and the application
of their Government for satisfaction, are independent
Of each other, and may be separately and simuane-
ousy pursued. The avowal justification of the out
rage by the British authorities, might be ground of
complaint with the Government of the United States
distinct from the violation Of the territory and laws of
the State of New York. The application of the Gov
eminent Of this Union TO that of Great Britain for the
redress of an authorized outrage Of the peace dignity
and rights ofthe United States cannot deprive the State
of New York Of her undoubtea right of vndica,ing
through the exercse Of her judicial power the property
and lives of her citizens. You have very properly re
garded the alleged absence of Mr. Mcleod from the
scene Of the offence at the time when il commit
ted not material to the decision of the present ques
ton That is matter 10 be decided by legal evidence;
and the sincere desire Of the President is that it may
be satisfactorily established fthe destruction Of the
Caroline public act of persons in her Majesty 3
service obeying the order of their superior authorities
this fact has not been before communicated the Go
vernmcnt Of the United States hy person authorized