Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-01-14
.'fr. Forsyth 10 .N. For.
DhPAhaMENr OF STATE,
WasuiaoToN, Dec. %, lSI(

W ARLINGTON. Dcc. ~, lCIO.
Sir ~ have The honor 10 acknowledge,
and have laid before the President, your let.
ter of the - h inst. touching the arrest and
lmpgsoGment OF Alexander Mcleod, a Brit
lsh subject, and late deputy sheriff OF the
Niagara districl,in Upper Canada,on charge
of murder and arson, as having been engaged
in the capture and destruction of the steam
boat Caroline, IN the month of December,
1857 in respect TO which you slate that you
feel II your duty Ia call upon the Govern.
ment Of tho UnltCd States 10 take prompt and
c.lrctual steps for the liberation of Mr.. Ne
Lcod and TO prevent others OF the subjects oi
her maicsty, The Queen Of Great Britain,
from beng prosecuted or mUeeled in slpi-
lar manner tor the future.
THIS demand, with the grounds upon which
1t i, made, has been duly considered by the
PrCsldcGi, with sincere desire to give 1t
such reply as will not only manifest prop.
or regard for the character and rights Of the
United States, but at the same tine, tend 10
preserve the amicablo relations, which SO ad-
vautageuusly for both, subsist between tins
county aud England. Or The reality of this
dlspu. ton, and of the uniformity with which
1t has been Ctlnccd in the many delicate aud
difficult questions which have arisen between
tic two countries for the last few years, no
one Can be more convinced than yourself. 1t
Is then with uni, lgnGd regret that tie presI
deut finds himself unable to recognize the
validity ui demand, a compliance with which
YOU deem go material 10 HE preservation Of
thc good understanding which has been hllH-
eTto manifested bCt"cCn the two countries
. The jurisdiction oi The several States which
constitute the Unlon is within It's appropriate
sphere, perfectly independent Of the Fcde-
ral Government. The offence with which
Mr.. McLVod is charged was committed with.
IA the territory, and against HE laws and cItl-
zuns Of the State # New York, and Is one
that comes clearly " iihn the competency ..
her lribunuls. 1t does not, therefore, pr, sent
an occasion where, under The Constltutl' II
and laws ui tie UHlon, the interpus.t:on cal.
led iJr uu,G be proper, or for which II war.
rant can be found IN the powers with which
the Federal Executive is invested Nor
would the circumstances TO which YOU have
referred, Ur the reasons you have urged. JUS
ily the CXcri:pn OF such power, u 1t exist
ed. The tTdusaCtun out Il which the uucs-
ton arises, presents Il case Ut the most un-
unsuitable invasion, IN time ot peace, UfR ppr.
uon of .he territory of The United States. by
a body ot armed men from the adj iaccnl ter.
r.tury OF Canada, the forclblc capture by thcn
within our own waters, aud the snbs,qucn,
+. destruction ct steamboat, the property of q
f. citizen of the Unued States, aud the murd,
T Of one or more American citizens. II ar,
rested ~ lhe iimc, the offenders might uE,
qncsilouably have hcen brought tu Justice by
tnr judicial uuiluuics Of the State within
vhosc acl;uoa lodged territory these climci
we're cuuunltttd and their subsequent vol
untuty citraucc within 'iat territory, place
them IN the same situation. The Prcs,dci
. is not aware Of amy principle Of micrnu,iona
law; or iudcrd 81 reason or justice, which rn
lrles such uilrndcrs 10 iInpuuliy before th,
legal tribunals, when colr'ng vulnntnrll,
wllhln their independent aud uudoubtcd ju
TisdIcrion, because they acted W obcdIrnc,
, to their superior authorities, or bCcnuFc th,i
act- mve become the subj G, of diplomatic
Discussion between the two Guvetniuenls.
/ Thcsc utlluds Of redress. tie legal prrsc
culun of The offenders md the application -
ihrr Government for satisfaction, are itrJc
pendent of each other, aud nay be scparalel
and simuliancou-ly pursued. The hyowal q
Justification 81 Tho outrage by iho Dinl-h au
liipfiiits ,ugit be guund Of complaint will
the Guyernmcnl of the Unitrd States, dIslina
from the violation ut ihr Territory and ih'
isvs a HE STATE of Nov Yofs. Tho anrlr
csiIcn u Tic Gmernmsht ol tie Urion y
[ that Of Great Butain, Tor The redress OF OF