The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1841-06-17
Hssss :. Fl. Esg. &c sc. &.
Copy n iasfruefioas 70 Mr.. Crifsendsn
enclosed In me abore.

Copy AZ iasfruefieHs 10 M-. Grififadsn,
enclosed In me abore.
Depafimenl n Stale.
Washington. MARCIA IS ISL
sIR Alexander Mcleod. canadian
subject OF Her Britannia Majesty, i now
imprisoned ii Loekpori. in the siase 81
New York, under an indictment for muir
der, alleged 70 have beeR committed BY
him in The attack on and destruction Of
the steamboat Caroline Il Schlosser, in
that state. on the night Of the 29th Of De-
cember, 1887: and his trial is expected
10 .ake place a Lockpc.s on The 22d IN
slant.
Il You are apprized ofthe correspondence
J which took place between Mr.. Forsyth,
late Secretary Of State, and Mr.. Fox, Her
Britannia Maicziy's Minister here, on this
subject, in December last.
Il In his note 10 Mr.. Fox Of the 26th Of
that month, Mr.. Forsyth says: /. II The
destruction Of the Caroline was public
act Of persons in Her Majesiy's service,
lobeying the order Of their superior autho-
rites. this fact has not been before COM
!, municated TO the Government Of the Unit
ed States BY person authorized 70 make
!. the admission, and il viii be for the Court
which has taken cOgnizancc Of the offence
with which Mcleod is charged TO decide
upon is validity when legally established
before ii.
/ The President deems this 10 be pro-
per occasion to remind the Government Of
Her Britannia Majesty that the case Of
The Caroline has been long since brought
to the attention Of Her Maesty's princi-
pal Secretary of Stale for Foreign Affairs,
who, up to this day, has not communicat-
ed its decision thereupon. II 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 inten-
tons upon subject which has naturally
produced much evaporation, and which
. has led to such grave consequences"
| have now TO inform you that Mr..
Fox has addressed note 10 this Depart
ment, under date of the 18th instant, in
which, under the immediate instruction
and direction of his Government, he de-
mands, formally and officially, McLeod's
immediate release, on the ground that the
transaction, on account Of which he has
been arrested and i to be put upon his
trial, was Of a public character, planned
and executed by the persons duly empow-
cred by Her Majesty's colonial authori-
ties TO take any steps, and do any acts,
which might be necessary for the defence
Of Her MIesty's territories, and for The
protection Of Her Majesty : subjects; and
that consequently those subjects Of Her
Majesty who engaged in that transaction
were performing an act Of public duty, for
i which they cannot be made personally
and individually answerable to the laws
J and tribunals Of any foreign country; and
that Her Majcsty's Government has fur
Their directed Mr. Fox to make known to
the Government Of the United States that
Her Majesty's Government entirely ap-
prove of the course pursued by Mr.. Fox,
! and the language adopted by him in the
1 correspondence above mentioned.
There is, therefore, now, an authentic
: declaration on the part of the British Co.
; yenment that the attack on the Caroline
! was an act of public force, done by mill
! tary men, under the orders of their supe.
riors, and is recognised as such by the
i. Queens Government. The importance
: Of this declaration is not TO be doubted
: and the President is Of opinion that i
D calls upon him for the performance of /;
9 high duty. That an individual forming
) part Of public force, and acting undel
. the authority Of his Government, is not tt
: be held answerable, as private trespass
e er or malefactor, is principle Of publii
!. law, sanctioned by the usages of all civil
II lied nations, and which the Governmen
o of the United States has no inclination t
dispute. This has no connection what
!. ever with the question whether, in thi
y case, the attack on the Caroline was, a
l. the British Government think it, lustifi
% able employment of force for the purpos
h Of defending the British territory from IN
e provoked attack, or whether it was mo,
, unjustiiable invasion in time Of peace I
!, the territory of the United States, a. thi
II Government has regarded it. The tw
,f questions are essentially different; ant
while acknowledging that an indiyidu;
b may claim immunity from The consequer
}. ces Of acts done by him, by showing il'
i he acted under national authority, thi
|, Government is not to be understood q
: changing the opinions which il has hert
: tofore expressed in regard to the real N;
j ture Of the transaction which resulted |
= the destruction of the Caroline. III;
Is subject it is not necessary, for any pul
Is pose connected with this communication
ID to discuss. The views Of this Govern
=. ment in relation 70 ii are known to that I
% England; and we are expecting the ar
u swer Of that Government TO the conmr
. nlcatlon which has been made to it.