The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-06-05
DOCUMENTS
ACCOMPANYING THE PRESIDENTS MES
- SAGE
FROM THE DEPARTMENT OF STATE
Mr.. For 10 Mr.. Webster.
WAsmNoroN, March IL, ls4l

F.
Mr.. Far TO Mr.. Webster.
~ WAsmsoroN, March IL, ls4l.
The undersigned Her Britannia Majesty's Envoy
Extraordinary and Minister Plenipotentiary, il in
struced by his Government to make The following Off
cia communication 70 the Government of the United
States: 49,
Her Maieaty'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
Aligned comprising two official letters from the under
December, and two official letters from Mr. Forsyth to
the undersigned dated the 2h and 30th Of the same
month"; upon the subject OF the arrest and imprison-
ment Of Mr.. Alexander Mcleod, OF Upper Canada,
by the authorities Of the State OF New YORK upon
pretended charge Of and murder as having been
engaged in the capture and destruction OF the steam
boat aCarone, 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 Maesys Government entirely approve Of
pursued by the undersigned in that correspon-
dence and of the uage adopted by him in the OH
cal letters above mentioned
And the undersigned is now instructed again TO de-
mand from the Government of the United States Tor
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 on account OF
which Mr.. Mcleod has been arrested, and Is to be
put upon his trial. q transaction of public cha
racter, planned and executed by persons duly empow-
cred by Her Majesty's Colonial Authorities TO take
any steps and do any acts which might be necessary
for the defence Of Her Majesys territories, and for
the 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 answerabe TO the laws and tribunals
of any foreign country
The transaction in question may have been, as Her
Majesty's Government are of opinion tnat IL was, y
unsuitable 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 territory
of Her Majesty, or il may have been, az alleged by
Mr. Forsyth in his to the undersigned OF the 18th
of December a most nnjustifiabe invasion IN time
Of peace Of the territory Of the United States But
this is question essentially Of political and interna
tional kind which be discussed and settled only
between the two Governments, and which the courts
Of justice Of the State of New York cannot by poss-
bility have any means Of judging or any right Of de-
Gliding.
II would be contrary to the universal practice Of
civilized nations to fix individual responsibility upon
persons Who with the sanction by the orders Of the
constituted authorities Of State engaged IN military
naval enterprises in their coun,rys cause and It i
obvious that the introduction Of such principle would
aggravafe beyond measure the miseries, and would
fghtflly increase the demoralizng effects Of war by
mixing up with national exasPeratons the ferocty OF
personal passions and the cruelty and bitterness Of
dividual revenge.
Her Majestys Government cannot believe that the
Government Of the United States can really intend to
net an example so fraught with evil to the community
ofnatons. and the direct tendency Of which must be
to bring back into the practice Of modern war atroc
ties which civilization and Christianity have long since
banished
moment the validity ofthe doctrine advanced BY Mr..
Forsyth that the Federal Government Of the United
States had power interfere In the matter in ques
ton and that the decon thereof must rest solely with
the State Of New York.
With the particulars Of the internal compact which
may exist the several States that compose the
Union, foreign Powers have nothing to do the rela-
tons Of foreign Powers with the aggregate Union
that Union them represented by the Federal Gov
eminent and Of that Union tie Federal Government
is to them the only organ Therefore, when foreign
Power has redress to demand for wrong done to BY
any State of the Union, il is to the Federal Govern
ment and to the separate State that such Power
must look for redress for that wrong And such fo-
reign Power cannot admit the plea that the separate
State Is an independent body which the Federal
Government has control. Il is obvious that such
doctrine il admitted, would at once 90 to dissolution
Of the Union far AZ ts relations with foreign Pow
concerned; and that foreign Powers, in such
case, instead Of accrediting diplomatic agents to the
Federal Government, would send such agents not TO
that Government but to the Government Of each sep
State; and would make their relations of peace
and war with each State depend upon the result
separate intercourse with such State, without refer
the relations they might have with the rest
Her Majesty's Government apprehend that the
above il not the conclusion which the Government
Of the United States intend 10 arve yet such is the
conclusion 70 which the Arguments that have been ad
vanced by Mr. Forsyth necessarily lead.
But be that AZ it may, Her Majesty's Government
formally demand upon the grounds already stated the
immediate release Of Mr.. Mcleod; and Her Males
fy's Government enreal the President Of the United
States to take into his most deliberate consideration the
serious nature ofthe consequences which must ensue
from rejection ofthis demand.
The United States Government will perceive that,
in demanding Mr.. McLeod's release, Her Majesty
Government argue upon the assumption that he was
ofthe persons engaged in the capture of the steam
boat " Caroline p but Her Msjesty's Government
have the strongest for being convinced that
Mr.. Mcleod was not in fact engaged in that traDsac
ton and the undersigned 10 hcreupon instructed to
say that although the circumstances itself makes no
difference in the political and international question
issue; and although Her Majestys Government do
not demsnd Mr.. McLeod's re.ease upon the ground
that be not concerned in the capture Of the Car
oIne, but upon the ground that the capture Of the
:" Caroline was transaction Of public character
for which the persons engaged in il cannot incur pr
vate and personal responsibility yet the Government
ofthe United States must not disguise from themselves
the fact that MIR. Mcleod was not engaged in the
transaction must necessarily tend greatly TO infame
that national resentment which any harm that shall bs
suffered BY Mr.. Mcleod at the hands Of the author
mes Of the State Of New York will infably excit.
throughout the whole of the British Empire.
The undersigned, in addressing the present oficia
communication, by order of his Government, to Mr.
WEBsrER, Secretary Of State of the United States
hasthe honor to cer TO him the assurance of his dis
tinguished consideration
Tho Hon. DANIEL WEBsrER, sc. &c. &c.
Mr.. Webster to Mr. For.
DEPARTMENT. OF STArE,
Washington, April IA, l64l
The undersigned, Secretary Of State of the Uned
States, has the honor 10 inform Mr.. Fox, Envoy Elk
traordiDay and Minister PIenipotentisry Of Her Br
fannie Majesty that his note Of the 18th Of March
was received and laid before the President.
circumstances well known to Mr.. Fox have neces
sariy delayed, for some days the consideration Of that