The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-05

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 counrys cause; and -
obvious that the introduction OF such principle would
aggrasate beyond measure the miseries, and wouio
frghtfully increase the demoralxing effects Of war; ~
mixing up with national corporations the ierocity Of
personal passions and the cruelty and bitterness OF IN
dvidual revenge.
Her Maesty's Government cannot believe that the
Government of the United States really intend "a
set an example fraught with evil to the community
of nations and the direct tendency Of which must Dc
TO bring back into the practice of modern war aoci
ties which civilization and Christianity have long since
banished.
Neither can Her Majesty's Government admit for o
moment the validity of the doctrine advanced by Mr.
Forsyth, that the Federal Government Of the United
States had no power To interfere in the matter ~ ques
ton and that the decision thereof rest solely win
the State of New York
With the particulars Of the internal compact which
may exist between the several States that composethe
Union, foreign Powers have nothing To do: the rtla-
tons Of foreign Powers with the aggregate Unon
that Union is 10 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
mcnt and not 10 the separate State, that such Powel
must look for redress for that wrong And such TO
reign Power cannot admit the plea that the separate
State Is an independent body which the Fedora
Government has control. Ii is obvious that such
doctrine if admitted would at go TO dissolution
oil the Union as far as its relations with foreign Pow
ers are concerned and that foreign Powers, such
case, instead of aecredtng diplomatic agents to tn,
Federal Government, would send sach agents not t.
that Government but To the Government of each sep
aiate State; and would make their relations of peace
and war with each State depend upon the result of the
separate intercourse with such State, without refer
ence to the relations they might have with the rest
her MaJestys Government apprehend that the
above is not the conclusion at which the Government
OF the United States intend to arrive yet such Is Tho
conclusion 10 which the Arguments that have been ad
vanced by Mr.. Forsyth necessarily lead.
But be that as il may, Her Majesty's Government
formally demand upon the grounds already stated the
immediate release of Mr.. Mcleod; and Her Aajes
tvs Government enrcat the President Of the United
States TO take into his deliberate consideration the
serious nature ofthe consequences which must
from rejection of This demand.
The United States Government will perceive that
IN demanding Mr. McLeod's release, Her Majcsty's
Government argue upon the assumption that he was
one OF the persons engaged in the capture Of the steam
boat Caroline: :" but Her Maestys Government
have the strongest for being convinced that
Mr.. Mcleod not in fact engaged in that transac-
ton and the undersigned is hereupon instructed Il
say that although the circumstances itself makes nc
difference in the political and international question al
issue; and although Her Majcstys Government 90
not dcmand Mr.. McLeods release upon the ground
that he concerned in the capture of the Car
oline 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
of the United States must not disguise from themselves
the fact that Mr. Mcleod not engaged in the
transaction must necessarily tend greatly TO infame
that national resentment which any harm that shall be
suffered by Mr.. Mcleod at the hands Of the author
ties of the State Of New York will infallbly excite
throu, bout 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 States
has the honor cer him the of his dis
tnguished consideration.
H. S. FOX.
The Hon. DANIEL w EDsrER, &c. &c. &c.