Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-07-02

ltScl makes difference
thepohca and International question at issue and al
tnough Her MaJesty's Government do not demand
MI Mcleod release upon the ground that he was
nol concerned ~ the capture Of the Caroline but
upon tne GROUND that he capture OF the Caroline was
n transaction of public character for which the per.
sons engaged IN II cannot incur private and nrrsnno
responsibility yet the Government of the United
States must not disguise from themselves that the
fact that Mr. Mcleod was not engaged in tho ran
sacon must necessarily tend greatly to infsmc ,bnt
national resentment which any harm thai Shall be
suffered by Mr. Mcleod at the hands of the State f
| New York, will inlaillibly excite throughout the
whole of the British empire
The undersigned, in addressing the present official
communication, by order of his Government, to Mr.
| Webster, Secretary of State of the United staes
has the honor to offer to him the assurance of his
distinguished consideration
The Hon. DANIEL WEBSTER &c. &c.
Mr.. Webster to Mr.. For.
Department of State Washington, April 81 1871.
The undersigned, Secretary Of State of the United
States, has the honor to inform Mr.. Fox, Envoy
! Extraordinary and Minister Plenipolentlary of Her
Britannia Majesty that his note Of the 18th of March
was received and laid before the President.
Circumstances well known to Mr.. Fox have neces.
sarlly delayed, for days. the consideration of
| that note.
The undersigned has the honor now to say that it
has been fully considered and that he has been direct
ed by The President to address to Mr. Fox the follow
| ing reply:
Mr.. Fox informs the Government Of the United
States that he is instructed to ma known to- il that
the Government of Her Majesty entirely approve the
| course pursued by HIM III his correspondence with
| Mr.. Forsyth in December Inst and the language
| adopted by him on that accession; and that Govern
ment have instructed him "again 10 demand from the
| Government of the United States formally in tie
| name of tho British Government, the immediate re.
lease of Mr.. alexander McTeod;" that "the grounds
upon which the British Government make this de-
maud upon the Government of the United States are
these That the transaction account Of which Mr..
Mcleod has been arrested and is to be put upon his
trial was transaction of pnblc character, planned
and executed by persons duly empowered by Her
Macstys colonJ authorities to take any step and
do any, which might lie necessary for the defence of
Her Malesty's territories, and for the protection of
Her Majesys subjects, and that consequently those
subjects of Her Majesty who engaged in that trans
| acton were performing an act of public duty, for
which they cannot be made personally and individual
~ answcrabe 10 the laws and tribunals of any coun-
try"
The President is not certain that he understands
precisely the meaning intended by Her Majesty Gov
eminent to be conveyed by the foregoing instruction.
This doubt has occasoned with the President some
heSatlon but he ncllneS TO take II for granted that
the main purpose Of the ns truc)n wassgnifieG the
Government of the United States that the attack on
the steamboat Caroline I'M net of public force,
done by the British colonial authorities and fully re-
cognlsed by the Queen s Government at home, and
that consequently no individual concerned in that
transaction car, according TO the just principle of the
laws Of nations, be held personally answerable in the
ordinary courts OF law as for private offence and
that upon this avowal of Her Majesty Governments
Alexander Mcleod, now imprisoned on indictment
for murder alleged to have been committed in that
tack ought TO be released by such pro cedngs are
usual and are suitable to the case.
The President adopts the conclusion that nothing
than this could have been intended to be express
sed from the cunsdora ton that Her Majesty Govern
ment must be fully aware that in the United States
in Englanl, persons confined under judicial process
In neither country, ms the undersigned supposes
the arm of the Executive power interfere, directly
forcbly, to release deliver the prisoner. HI dis
4 cOuiDrmublp
the principles OF law and the proceedings of courts
judcaure. lfan indictment. like that which has beer
found against Alexander Nc Iood, and under c!rcum
stances like those which belong to this case wer,
pending against an individual in one Of the courts u
England there is no doubt that the law officer of thu
Crown might enter nole proseqti, or that the prls
oncr might cause himself 10 be brought up on hasea
corpus and discharged, if his ground of discharge
should be adJudgrd sufficient, that he might prov,
the same facts and insist on the same defence or
| emption on his thai.
All these are legal modes Of proceeding, well known
to the laws and practice of both nires. But til,
undersigned does not suppose that, If such case wer
to arise in England the power of the Executive Gov
eminent could he exerted in any more direct manner
r Even in the of Ambassadors aud other publ,
Ministers, whose right to exemption from arrest is per
sona requiring no iact 10 be asccrtnncd but the mer'
fact Of diplomatic character, and 10 arrest whom Is
, sometimes mad highly penal offence, II the arrest
be actually made it must be discharged byapphca'ion
, - the courts OF Jaw. ,,In
u M lhat y lot acts alleged
to have been done by hun IN the attack the Car
onei and his defence ground Of acqultal must be
the same in both And this strongly illustrates
as the undersigned concclves, the proprlcy of the
foregoing observations; since II is quite clear that the
Executive Government cannot interfere TO arrest a
civil sui between private parties IN any stage OF its
progress but thai such suit must go on 10 It's regular
judicial termination. IT, therefore, any course differ
cnt from such as have cen now mentioned was III
contemplation of Her Majesty Governments some-
, thing would seem have been expected from the
. Government of the United States "a te coniorma-
bic to the laws aad usages of the United States and
to which this Government cannot nccede.
The Government of the United States, therefore,
acting upon the presumption which had already adj
op,ed, that nothing extraordinary or unusual was
expected or requested of H. decided, the reception
of Mr. Fox's note, 10 take such measures the
: cason and its own duty appeared TO require.
, In his note 10 Nh Fox of the 26 December last,
, Mr. Forsyth, the Secretary of State of the United
States observes that IF the destruction Of the Car
olne' was public act of persons IN Her Majesty s
service obcying the orders of their superior author
tiles this fact has not been before communicated 10
the Government Of the United States by person
authorized to make the admission and it will be tor
the Court which has taken cognzance of the oionse
: with which Mr.. Mcleod is charged to decide upon
its validity when legally established efore it :" and
adds the President deems this to be proper occas
, ion to remind the Government of Her Britannia Ma
esty that the case OF tn the Caroline has been long
since brought to the attention OF Her Majesty spn-
cipa Secretary of state for Foreign affairs, who up
, to this day has not communicated It's decision there
: upon. 1t is hoped that the Government of Her
, Majesty will perceive the importance of leaving the
Government of the United States no longer uninfo,m-
cd ofts views and intentions upon subject which
has led to such grave consequences"
The communication of the fact tina. the destruction
of the "Carolinc' was an net OF public force by the
British authorities being formally communicated to
the Government, ofthe Unied States by Mr.. FoX's
note the assumes decided aspect
The Government of the United States cntertalns no
doubt that after his avowal OF the transaction ahor-
lied and undertaken by the British authorities, ndl
vidunls concerned III it ough, not, by the principles
of public la, --.' he general gsaGes olclyaod States
tribunal. of law. for their participation in it
And the President presumcs that hardly be ne
ccssnry to say that the American people, not dis
trustiu of their ability to redress public wrongs by
public means can not desire the punishment of in
divlunls when the act complained of is declared to
have been an act of the Government itself
Soon after the date of Mr.. Foxs note, instruc-
ton was given to the Attorney General OF tho United
States from this Department by direction Of the
President, which full sets forth the opinions Of this
III