The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1841-01-28
of Great Britain. from being prosecuted
or molesled in similar manner for the

of Great Britain, from being prosecuted
or molested in similar manner for the
Ituinre.
This demand, with the grounds upon
which it is made, has been duly con-
sidered by the President, with sincere
desire to give TO it such reply as will
not only manifest proper regard for the
character and rights Of the United States,
but, at the same time, teEd to, preserve
the amicable relations which, so advan-
tageously for both, subsist between this
country and England. 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 between the two coun-
tries in the last few years, no one can
be more convinced than yourself. 1t is
then with unfeigned regret that the Pre-
sident finds himself unable to recognize
the validity of a demand, compliance
with which you deem so material to the
preservation of the good understanding
which has been hitherto manifested be-
tween the two countries.
The jurisdiction of the several States
which constitute the Union is. within its
appropriated sphere, perfectly indepen-
dent of the Federal Government. The
offence with which Mr. Mcleod is charg-
ed was committed within the Territory.
and against the laws and citizens of the
State Of New York, and is one that
comes clearly within the competency of
her tribunals. 1t does not, therefore,
present an occasion where under the
Constitution and laws of the Union, the
interposition called for would be proper,
or for which warrant can be found in
the powers with which the Federal Ex-
ecutive is invested. Nor would the cir
cumstances to which you have referred,
or the reasons you have urged, Justify
the exertion of such a power, if it ex.
listed. Phe transaction out Of which the
question arises, presents the case of a
most unlnstihable invasion, in time of
peace, of a portion Of the territory of
the United States, by a band of armed
men from the adjacent territory of Cana.
da, the torcible capture by them within
our own waters, and the subsequent des-
ruction of Steamboat, the property of
a citizen of the United States, and the
murder of one or more American citizens.
If arrested at the time. the offenders
might unqueslionably have been brought
to justice by the judicial authorities of
the State within whose acknowledged ter
rltory these crimes were committed; and
their subsequent voluntary entrance with
in that territory, places them in the same
situation. The President is not aware of
any principle of International law, or in
deed, of reason or justice which entities
such offenders to IMMUNITY before the le-
gal tribunals. when coming voluntarily
within their independent and undoubted
jurisdiction, because they acted in obedi-
ence to their superior authorities, or be-
cause their acts have become the subjects
of diplomatic discussion between the two
Governments. These methods of redress,
the legal prosecution of the offenders, and
the application of their Government for
satisfaction,a are independent of each other,
and may be separately and Simultaneous
ly pursued.
The avowal or justification of the out
rage by the British authorities, might be
ground of complaint with the Govern.
ment of the United States, distinct from
the violation of the territory and laws of
the State of New York. The applica-
ton of the Government of the Union to
that of Great Britain, for the redress of
an authorized outrage of the peace, Dig
nifty, and rights of the United States,
cannot deprive the State of New York
of her undoubted right of vindicating,
through the exercise of her judicial pow
err, the property and lives Of her citizens.
You have very properly regarded the alb
sence of Mr. Mcleod from the sense of
the offence at the time when it was com.
mitted, as not material to the decision of
the present question. This is matter
to be decided by legal evidence; and the
sincere desire of the President is, that it
may be satisfactorily established. If the
destruction of the Caroline was public
act of persons in her Majesty's service,
obeying the order of their superior au-
therities, this fact has not been before
communicated to the Government of the
United States by person authorized to
make the admission F; and it will be for
the court which has taken cognizance of
the offence with which Mr. Mcleod is
charged, TO decide upon its validity when
legally established before it.
The President deems this to be pro.
per occasion to remind the Government
Of her Britannia Majesty that the case of
the 6 Caroline" has been long since
brought to the attention of her Maiesty's
Secretary of State for Foreign
Affairs, who, up to this day, has not
its decision thereupon. LII
is hoped that the Government of her Ma
lesty will perceive the importance of no
longer leaving the Government of the
United States uniformed of its view
and intentions upon subject which has
produced much evaporation.
and which has led to such grave conse.
qnences.
I avail myself of this occasion to re-