Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-06-10
The Hon. D. WEBSTER. sc &c. &c.
MIR WEBSTER TO nlR. FOX.
= y ~. Wv 7 q = n \ =
Washington. April -, lS4l


Britannia Majesty. that his note OF the l2th March
was received and led before the President
Circumstances well know 10 Mr.. Fox have ue
cessary delayed, for some days the consideration Of
that note.
The undersigned has the honor now to say that il
has been fully considered. and that he has beeu d.
reeled by the President address Mr.. Fox the fol-
lowing reply:
Mr. Fox informs th- Government Of tho United
states that hc is Instructed make known 10 il hat
he Government OF Her Majesty entirely approve
the course pursued By him IN his correspondence
with Mr.. Forsyth IN December last, ard the Ian
guage adopted by hm that occasion and tina, that
Government have Instructed him "agaiu to demand
irJn the Government Of the Iuitci States formal.
ly, va the name Of the British Government. the i'm
mediate release OF Mr. Alexander Mcleod :" that
IN" grounds upon which tho British Government
\ make ihis demand l"u the Government Of The UNI
ted States are ihc-c That tho Transaction on &c.
count % which Nc. Mcleod has been arrested and
] n o. De put upon h.s trial was Transaction OF a
pupll' 'naro,cf. planned aud executed by persons
duly empowered by her N,Jcslys colonial nulhori.
Tee o. 'ake any steps and do any acts which might
be- necessary Tor the defence Of hex Mlesys terri.
tories, aui ipr the protection OF her Najcsiys sub.
|l,o's and that consequently those subjects Of her
H.lesy who were engaged Ia this transaction were
| performing an act OF public duly. tor which they
cannot he made personally and Individually answer.
', ~ 'Ao Ad"S ail1 H'ounG!s Oi any foreign coun.
The President is no; certain that he understands
precisely the meaning INTENDED by her Mniesry'.
government be conveyed by the foregoing nsirlc.
IIon.
This doubt has occasioned with the President
some hesitation, bat Eo ucnes 10 take il for granted
That the main purpose Of the instruction was 10
cause Il 70 DO sisnihod 10 The Government of the
United States that the attack on the steamboat Car.
"A uf irr ~, n A
colonial authorities, and fully recognized by the
SueeTis Government At home, and that CONSEQUENT
~ u" individual concerned IN that transaction can
according ~ the just principle of tho laws Of ma
tons he held personally anSwcrablc in the ordinary
courts 81 law rs 1ra private offence and that upon
ih.s arowal Of her MaJestys Government. A!eIan-
der Mcleod, now imprisoned on All Indictment for
murder alleged 10 have been committed in that al
t1eH ought TO be released 10y such proceedings as
! are usual and are suitable 10 tho case
Ine President adopts the conclusion that noth:n,
more Than this could have b,cn intended 70 be e..
pressed; from the consideration that Her MlieS,y's
Government must be fully aware that in The UNI.
| ted States, - VA England. persons confined under
JUDICIAL p-ucos can be Tc.ta,ci from that c,DGuc
meni "l"t hy Judicial! process. IL neither country
rs The undersigned suppose, can the arm Of the tx.
ecuIVe power. interfere directly OF l1rrije. to re-
lease or deliver The prisoner His discharge mus
/ oe sought IN manner c0nlJrmable 10 the pruci.
PIES OF iaw aua the proceedings of courts OF Judcature
II al Indictment, like that which has been found
against Alex Mcleod, and under circumstance
IKE those which belong 90 his case, were pendin,
against an ln!IVIIuIl InUne Olthc courts Of Enran,l
mere Is 20 tJUbi that The law officer OF the Cr,yr
might enter HOHs EToSegui, or that the pris,,ne
might cause himself 10 he hrUvght up on LaL,a
corpus aud discharged. II ks ground of dischar,,
should he udJltssd sail Gent or that he might uroy.
the same hcts. and inst. IS on the same defence d
exemption on EIs trial.
A.i these are legal modes of rrpceed;nr, vel
SHOWN 10 Tue laws and practice OF Jo!h couulries-
hui The unicrs -net docs not slppIss that IrsucL
clse were 10 arse IN England the power of the Ey
ecHuve Government could be oxeriei m any more
( difo mla1er. EvcI IN tle case or Ambass,I,-
a other public mFu:sless whose right 70 exelu2
Ton Rom ares; - personal requiring o., fact [, b.
aacfrt"inei hut Ide mere fact OF the diyluma:i,
chirIcieT, and 10 arrest whom Is .eimrs m,ds
hg'y penal ofance. # he be actually made
H. mast be discharged BY application 10 the sourr,
Of law
IL IS understood That Alexander Mcleod IS b,,
de" a. well as civil criminal process for act,
alleged 10 have been done By him in The attack o.,
Inc Caroline and his defence or ground Of &C.
gui'ial must be The sam. in both cases And This
strongly illustrates. Us the undersigned conceive.
'he p'opeiy OF Tao foregoing obseTvuiious since II
Is quite clear That the Executive Government canno,
'e' DO any sage of It's p.osrcss. bat that such suit
NUT g on to its regular Judicial termination IL
''e'iI'Ie' any course different from such as hive
..'h no" mentioned was 10 contemplation Of Her
'iJr'Iy government, something would seem 70
have been expected from the Government. sumo.
/ '''''S N'nd seem 20 have been expected
nom The Government Of the United STATES,
- ",iG 'on.2rmHhie 70 the laws and usages OF TIE
-h2"s' Government ~ o. those Of the UnIlcd STATES
O. ..a..
The Government of the United States tbsraG,r,
I '"i upon TIE presumption which &c already ndYp.
tl' 'hii n0'aiHs cX'rapriInary or unusual was er.
'.e.ea "F req Igsic! OF, dcg.lrd on the recepfio,
ID VIZ Ok note % take such measures as the orca
son and It's own du,y appeared 60 require.
90 ms note 20 Mr. Fox Of the 26ih Of Decernh.,
is' ar Forsyth the Secretary Of Stale oFthe UrtoJ
safes observes ihat "if the destruction OF an,
caroline was public act of pcrsJns ~ her N,je..
" service, ohcyiug TIC order Of their superior an
.i'rIfF ihIs fact has lot heen be fore communicated
.'lIo Government OF the United States byi a p.r.oo
alih1rscd Ia make the admission: and II ,yiu lie
.'T 'Ie court which has taken c1g1iz1nce OF Tho Of
..I'o with wluch Mr Mcleod is charrsd to decide
'a'' i,s validity when legally established before To-
.'i ulIs. The President deems this 10 be n prDurr
I...F'H ip remind iIr Government Of Her Britain.
"Ins'g. That The case Of the Caroline has been
.'.i s..re brought o. The attention Other M8ie.fy's
''l"'.f1 Secretary o. Staie for Foreign Ahiirs
| '.'. 1r 'p i.s day h1s not communicated De De.
.'.. 'lrrruTou. u is hoped that the Govern.
NOM o.. H.r Majesty v.iii perceive the import tnco
10 DO longer leaving The Government Of the UnitcI
N..i'. uniformed ofits views auJ intentions upon
SUBJECT which has naturally prod iced much ern-.
f.'.. 'r 1ui which has LED 10 such grave cJuse.
IsrH..s"
I'. cIm1u.c1'ion ofthe fact tb,i The dsstruc.
.'. %. iIn "E1uliDe" was 7n act OF public force by
.'. 'r.. authorities, being 70 .m1lIy communicated
' '.s n'Feruusut of the United Saiss by Mirrors
"'..' 'I" case assumes decided aspect
} .' ''sefuur1t oftso Uuifod States cnfsrt1i0s
'' '.I'.. ih1' offer this ayowsi or the Transaction
y ..1In '-ln.1cfiou. auihprzad aud undertaken
i. ..e hl's.i authorities, Individuals concerned iu
'.. ii l'. By fle principles ofpubiiu low aud the
....- ...FfzeI States, 90 be holden personally rs.
'..''..''' DO ua ordinary Tribunals ofaws f1f their
.i.'' patton rI 3d. And the President prosumcs
''' D. con hardly boz necessary o. say ihu the a.
'.'.t' People not disru'ici oftheir ability ~ 10.
pl'.i. wrongs b. public means. cannot desire
..' Ii. sIuant Of individuals when The noi com.
''..'a Of De- declared o. have been on oct Of The
government itself
SON a..sr rIo date Of Mr. ToS's u,ie. 90 in-fr,r.
..' "as z..1u ta rIo Attorney General Of tho Un-