The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-05
DOCUMENTS
THE PRESIDENTS MES
SAGE.
FROM THE DEPARTMENT OF STATE,
Mr.. Foe to Mr.. H'ebster.
WASHINGTON, March II, lSIl


WASHINGTON, March II, 1871.
The undersigned Her Britannia Majesty's Envoy
Extraordinary and Minister Penipotentiary, is in
structed by his Government 10 make the following Off
cia communication to the Government Of the United
States:
Her Maiesty's Government have had under their
consideration the correspondence which took place at
Washington in December last between the United
States Secretary of State Mr. Forsyth and the under
signed comprising official letters from the under
signed TO Mr.. Forsyth dated the 18th and 29th Of
December and two official letters from MIR. Forsyth to
the undersigned dated the 10Th and Both OF the same
month upon The subject Of the arrest and imprlson-
ment of MIR Alexander Mcleod of Upper Canada,
by the authorities of the State of New York, upon a
pretended charge of and murder having been
engaged in the capture and destruction of the steam
boat "Caronc" on the 29th of December, 1887.
The undersigned is directed, in the first place, TO
make known to the Government Of the United States
that her Majesiys Government entirely approve ofhe
course pursued by the undersigned in that corcspon
dencc and of the Ian uage adopted by him in the Off
cial letters above mentioned.
And the undersigned is now instructed again to de-
mand from the Government of the United States for
mally in the name Of the British Government the
immediate release of Mr.. Alexander Mcleod.
The grounds upon which the British Government
make this demand upon the Government of the United
States these: That the transaction account of
which MIR Mcleod has been arrested and is to be
put upon his trial, was transaction OF public cha
ractcr, planned aud executed by persons duly empow-
cred by Her Mojcstys Colonial Authorities 10 take
any steps and do any acts which might be necessary
for the defence of Her Majesy's territories, and for
he protection of Her Majestys subjects and that
consequently those subjects of Her Majesty who en-
gagged in that Transaction were performing an act OF
public duty for which they cannot be made personally
and individually answerable TO the laws and tribunals
Of any foreign country.
The transaction in question may have been as Her
Majestys Government are Of opinion that IT was, a
ustliabc employment Of force for the purpose OF de-
Tending the British territory from the unprovoked at
tack of band of British rebels and American pirates,
who, having been permitted to and organize them
selves within the Territory of the United States had
actually invaded and occupied portion Of the territory
of Her Majesty, il may have been, as alleged by
Mr. Forsyth in his note to the undersigned of the 10Th
of December, "a most unjustifable INVASION IN time
of peace of the territory of the United States But
this is question essentially of political and nterna
tional kind, which can be discussed and settled only
between the two Governments and which the courts
of justice Of the State of New York cannot by possi-
by have any means Of judging any right Of de
Gliding.
II would be contrary to the universal practice Of