The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-06-17
{ NUMBER SO.
Correspondence between Mr..
FOX and Er. webster.
Mr. For 10 M. Webster.
MA.nxcrov. MARcn u,

llit IblIbNtitH JilGai
eminent Of the United States;
Her Maies,g's Government have had uhder
their consideration tie correspondence which
took place 1t Washington ii December last, be.
tween the United States Secretary Of State, Mr..
Forsyth, and the uEdcrsig ned, comprising two
Official letters from the undersigned 10 Mr. For.
syih, dated the / 9Th and 2sth of December, and
two otirili l1ttcrs from Mr. Forsyth TO the un-
dersi,ued, dated ttc 26th and 3Jih Of the same
month"; "nea the Subject OF the arrest and impFis-
eminent If 1ir. Alexander Mcleod, Of Upper
CANADA, by tho authorities Of the State of New
J orb, upon pretended charge Of arson ard
murder as having been engaged in the capture
and destruction ot the steamboat 4" Caroline" Oh
tir 29ih OF December, 1897.
The undersigned is directed in the FIRST place 10
make knaWnto The Government Of tho United
states thai Her Majcsty's Goyernment entirely
aYpTCge of Gle cour.o pursued by the undersigned
IN that co5uspondcnce and 81 the language
adopted by h.m in the official letters aboYs men
toned
Aud tic undersigned IS now Instructed again
10 demand Of the Government Of tho United
states, formally Ia the name of the British Gov.
HeHment, the Immediate release Of Mr.. Alexan.
der Mcleod.
Tie grounds upen which the British Govern
ment make this demand upon the Government
Of the United states these That the trans.
notion on account Of which Mr.. McLsod has
5ecn arrested and is to 30 put upon his trial was
q Transaction Of public character planned and
executed bY psftons duly empowered by Her
MJie5ty's Colonial Authorities 10 take any steps
aud 20 DO any scts which might be necessary for
tho defence Of Her Aai--'y's territories and foT
the projections o. Her Majes'y's subjects aud
that consequently those subjects Of Her Majesty
who engaged 10 that transaction wafo performing
. T.
made personally and individually answ,rable to
! tie laws and tribunals Of any foreign country.
( TIE transaction in question may have been,
( sy llgr Mslesfys Government are Of opinion
shat j. was. nauiiile employment Of force for
tho purpose Of defending the British territory
I rom tho unproyoked attack Of a band Of British
rebels and American pirates, who, having been
permitted 70 I'm and organize themselves within
/ tho tsrris5ry &C tho nitcd States, had actually
Invaded and occupied portion Of the territory of
Yer Majesty. or i may have been, as alleged BY
Alr Forsyth ID his note 70 the undersigned Of tho
Gblh % December "a most un}usti6able invasion
7 10 time o. peace Of The territory Of the United
states" b, this IS question essentially Of
/ po''.ca and International kind, which can BIS
discussed ard settled only between the two Gov
crrmcnts. and which the courts Of Justice of tho
state Of Now y ork cannot BY possibility have
any means Of judging Or any right Of deciding.
II would be contrary TO the universal practice
~ cvli7ad nations 10 tx Individual responsible.
Z IL upon persons who with the sanction or by
I tho orders Of tho constituted authority of
state, engaged ia military naval enterprises
I 10 thc.E C0anuys cause; and it IL obvious that
{ he iu,roiaenon Of such principle would agra
yale beyond measure tho miserjos, and would
7 'sghtfniy increase the demotalifing effects of
war, by mixing up With national evaporation
te feroc'ty Of personal passions, and the cruelty
and bitterness Of individual revenge,
( Her majesty Government cauuo, believe that
T DC Government of the Tinted States can really
,ntrhd 70 set an example 50 fraught with evil 10
/ .he community % nsNDas and tbs direct tender.
ty of Which ua, he - bring back into the prac.
tiec Of modern war atrocities which civilization
and christianity have long since banishcd.
NeAhsr can Her Mliosiy's Government admit
. foF moment tho validity Of the doctrine advane-
ed w Mr. Fouyth that the Federal Government
of The United States has no power 10 interfere
in the matter Ii question, ard that the decision
thereof must rest solely and entirely with tho
State O. New York.
With tbs particulars Of tho internal compact
which may exist between the several States that
compose the Union, foreign Powers have moth
ing 60 10 tho relations of foreign Powers arc
with the aggregate Uniog that Union Is TO them
represented " The Federal Government and of
that Union tho Federal Government is to them
tho only organ. Therefore. when foreign Pow
ag hes ru,,5ess % demand for a wrong done to it
lv any state Of the mon, Il is to the Federal
Government, aud not 10 the separate State, that
sarh Power must look FOR redress for that wrong.
And such foreign Power cannot admit the plea
th8i The separate state is an independent body
over which the Feder5l Government has no con.
troll II is ohvious that such doctrine, if adj
1liied would at onco 70 to a dissolution of tho
Union as Ear as its relations with foreign Powers
arc concerned and that foreign Powers in such
case instead Of acctclitIng diplomatic agents to
tho Federal Government, would send such agents
not 10 that Government, but TO the Government
Of each separate State and would make their re-
lilogs e Ps2.;o ala flT With 49, S.. ,
such STATE, without reference to the relations
they might havo with the rest.
Her Msjesty's Government apprehcnd that
tho above is not the conclusion at which tho
Government Of tho United States intend to ar.
rive yet such is the conclusion TO which the ar
guurnts that have been advanced by Mr.. Forsyth
necessarily lead
But DO that as il may, IIor Majesty's Govern.
mont formally demand upon the grounds already
stated, the Immediate release of Mr.. Mcleod;
and Her Maiestys Government entreat the Pres.
idoat &C TIC u1.tca States TO take into his most
deliberate CoNsidefalou the serious nature OF tue
consequences which must ensue from a rejection
/ of this demand.
! The II. States Government will perceive that,
| in demanding Mr. Mclcod's release Her Maies-
TVS Government argue upon the assumption that
he was one of the persons engaged in the capture
of tho steamboat "Caruline :" but Her Maiesty's
Government have the strongest reasons for be-
I ing convinced tina, Mr.. Mcleod was not in fact
engaged in tho transaction and the undersigned
4 is hcreupnn instructed 10 say that although tho
circumstance itself makes no difference in tho
political and international question at issue and
although Her Majesty's Government do not de-
naBd Mr. NcLeods release upon the ground that
| he was not concerned in the capture of the Car
/ oline," but upon tho ground that the capture of
The Carolnen was u transaction of public
character for which tho persons engaged in 10
! cannot incur private and personal responsibility;
vet the Government of the United States must
not disguise from themselves that tho fact that
Mr. Mcleod was not engaged in the Transaction
must necessarily tend greatly to inflame that ma
tional recruitment which any harm that shall bo
suffered by Mr. Mcleod at tho hanls Of the au.
tboIities Of the State of New York will nfallibly