The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1841-06-18
THE MCLEOD CASE.
Documents accompaay'agMe President, MeSsag
FROM THE DEPARTMENT OF STATE.
Mr.. For To Mr.. Webster.
WAsHINGToV, March 10, 1874


WAsHINGTov, March l2, 1871.
The undersigned, her Britannia majesty envoy
extraordinary and minister plenipotcntiary, is III
structed by his government to make the following
official communication to the government OF the
United States:
Her majesiy's government have had under their
consideration the correspondence which took place
at w Washington in December last, between the L.
). secretary of state, Mr.. Forsyth aud the under
slgned, comprising two official letters from The un-
dersigned to Mr.. Forsyth, dated the 18Th and !9th
OF December, and two official letters from Mr..
Forsyth to the Undersigned dated the 2G,h and
3Oh OF the same month, upon the subject of the
arirstand Imprisonment ofAIr. Alexandcr Mcleod.
of Upper Canada, BY the authorities Of the state of
New ork, upon pretended charge of arson and
murder, as having been engaged in the capture
and destruction OF the steamboat "Caroline'
The undersigned is directed, in the first place.
10 make known TO the government of The United
States, that her mljesty's government entirely APP
prove Of the cOu,sc pursued by the undersigned in
that correspondence, and of the language adopted
by HIN IN the official letters above mentioned.
And the undersigned is now instructed again 10
demand from the government the L niled States,
formally, IN the name OF the British government
the immediate release of Mr.. Alexander Mcleod.
mcnt make this demand upon the government of
the United States are these: That the transaction
on account of which Mr.. Mcleod has been arrest
ed aud is to be put upon his trial was a iransac-
ton OF public character planned and executed
by persons duly empowered by her majesty colo
mai authorities 10 take any steps and 10 any acts
winch might be necessary for the defence of her
majesty = territories and for the protection of her
maze y 4 subjects; and that, consequently, those
subjects OF her majesty who engaged in that trans
aclon were performing an act of public duty, for
which they cannot be made personally and nd-
vlduaily answcrabc to the laws and tribunals oil
any iofcgn country.
The Transaction in question may have been, as
her majesty government are of opinion that it
was iusl'iiablc employment of force for the puf.
pose OF defending the British territory from the UNI
provoked attack of band of British rebels and
American pirates, who having been permitted to
ann and organize themselves within the territory
oil the United STATES, had actually invaded and oc-
cupled portion of the territory OF her majesty or
II may nave been, rs alleged by NJ. Forsyth in his
note 10 the undersigned Of the 26th of December.
"a most uniustlnblc INVASION in time OF peace, of
the territory of the United States" Bul this is a
question essentially of political and international
KIND which can be discussed aud settled only be-
tween the two governments, and which The courts
OF justice OF the state of New York cannot BY pos
slhllity have any means Of judging or any right
of deciding.
1t would be contrary to the universal practice
of civilized nations TO fix individual responsibility
upon persons who, with the sanction OF by the o.
dcrs of the constituted authorities of state. en-.
gagged IN military OF naval enterprises in their
countrys cause and ii is obvious that the intro
ductlon Of such principle would aggravalc be-