The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-01-14


~ of demand. compliance sah WHICH
you deeo SO naierlal-so the preservation Of
the coed under standing which has been biIil
eflo uain,aioed between the Two countries.
The jurisdiction Of the several States
which constitute the Uaioo Is, within i.s APP
utOpriale sphere, perfectly independent Of
he Federal Government. The offence
with which Mr. Mcleod is charged was
committed within the territory uad asains,
the laws and citizsns Of the State OF New
York, und is one that oomgs clearly within
,bc competency * her ssibsnals. 1. does
not, therefore, presens 90 occe6ionu where,
under The constitution and laws offhe Union,
he ipierposi.ion called for you'd 30 proper,
\ or for which warrant eau be found in the
Doyers with which the Federal Executive
!, invested. Nor would the circumstances
TO which you have referred, or the reasons
VOC haysurged, justify the exer.ion Of such
power, il il existed. The transaction oui
. Of which thsQaestion arises, presents the
icasa Of q ngjdl!I fdble invasion. IN time
nf po3e1 0ftion of The territory Of The
GIFTED 6Its. by band Of armed men
from ihe'odiaeeni territory Of Canada; the
iorolble capture By them, within our own
vaters, aad the suhsequep, destruction. Of
| sleanboat, tbs property Of citizen Of the
BoIied States, aud the murder Of one or
more American cItizsns. II arrested at ths
uus, the Offenders might uuquestiooably
have been brought TO justice by the JUDICIAL
authorities OF The State within whose &c
|knowledged territory these crimes were
|coumiiied; aud their subsequent voluntary
|eVrance within that territory places then
b. tho same situation. The President is
not aware Of any principle Of international
|lAs or, indeed, Of reason or justice, which
BATTLES such oiisndcrs to impanity before
kae legal tribunals, wheu coming voIoniari
by within their indepeadea, and undoubied'
Jurisdiction, because they acted IN obedience
b their superior authorities, or because
kheir acts bayo becoms the subject Of diplo.
knal.c discussion bcrween the two Govern
|nculs. These methods Of redress the 10
|ga prosecution OF the offenders, and he up
pleaiion 10 their Governmeat for sa,isisc
tion--are independent, Of each other, aud
pay be separately and simultaneously pur
Sued. The nvosai or Justification Of the
calrage BY the British Authorities might be
B groupd Of complaint With the Goverumeu,
NJ the United SIalcs, disiinc, ffon the VIC
laton OF the territory aud laws Of the State
of New York. The application OF the Ger.
efna,en, Of the Uoion TO that Of Grea, Br
taio, Cor ,as redress Of M authorized out.
rage o. tho peace, dignity, and rights of The
Gated States, oapno, deprive the State Of
New York Of her undoubtsd rish, Of viudi
eating, through The exercise or her judiclal
power, she property and lives Of Der citizens.
That is "a maitcrto be decided by legal evi.
dcsce and the sincere desire OF tue Psesi
depl 10. that |, may DO satisfactorily cstab.
hslIed. II tho Destruction o. the Caroline
vas pablo aos Oh persohs 10 her hejesty's
service, obsying the crdcr u their superior
authorities, this fac, hen nj been before
co,amunictled 10 the Goyerumens Of the
uai,ed States BY person authorised to
make the admission aud il ill be for the
|ctpr which has iakcD cognizauce Of the Of
fence With shich Mr.. Mcleod is charged,
|iO decide opoD It's validity, whec legally es
published before il.
The President deems this to be proper
occasion 10 remind the Government OF her
Bn,aDuic Majesty that the case Of the
|. Caroline" has been long siuoe brought
20 the attention. Of her Majssiy's principal
Secretary OF State for Foreign Affairs, who,
Pp 10 this day, has not communicated Ito
decision lbersopou. IL Is hoped that the
|GOyernRrsl OF her Majesty will perceive
b DO Importance Of no logger leaving the
Eoscrnneo, OF the uuI,sd States s"'"fatm .
ej Of it, views aud intentions upon subject |
|wbioh has naturally produced more exas
|euton, aud which has led 10 such grave |
EonscGYeocss,
| avail myself Of this occasion 10 renew
% you Tbs assurance Of any distinguished
FoBsideraliou.
JOHN FORSYTH.
II. S. Fox, Esq. &c, DC, &c.