Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-07-08
Fir. Ipebster To Mr.. For.
DEPARTMENT OF STATE,
WASHINGTON, April "a, 1871.

WASHINGTON, April 24, 1871.
The undersigned Secretary of State of the
U. s., has the honor to inform Mr.. Fox, En-
voy Extraordinary and Minister Plenipoten-
tiary of Her Britannia Majesty, that his note
ofthe l2th Of March was received and laid
before the President.
Circumstances well known to Mr.. Fox
have necessarily delayed, for some 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 directed by the President to address
Mr.. Fox the following reply:
MIR. Fox informs the Governme mt Of the
u that he is instructed to make known to
1t that the Government of Her Majesty en-
tlreiy approve the course pursued by him in
his correspondence with Mr.. FoRsYTH in De-
cember last, and the language adopted by him
ON that occasion; and thatsthat Government.
have instructed him "again to demand from
the Government of the u. s., formally, in the
name OF the British Government, the imme-
date release of Mr.. Alexander Mcleod -
that ''the grounds upon which the British
Government make this demand upon the
Government of the u. S. are these: That the
transaction on account of which Mr.. Mcleod
has been arrested and is TO be put upon his
trial was transaction of a public character,
planned and executed by persons duly en-
powered by Her Majesiy's colonial authori-
Ties to take any acts which might be necessa-
ry for the defence of Her Majesty's territories,
and for the protection of Her Majesty's sub
Jects, and that consequently those subjects OF
Her Majesty who engaged in that transaction
were performing an act of public duty, for
which they cannot be made personally and
individually answeTable to the laws and tri-
bunals OF any foreign country.''
= Al L
stands precisely the meaning intended by Her
Majesty's Government to be conveyed by the
foregoing instruction.
This doubt has occasioned with the Presi-
dent some hesitation, but ne nclines to take it
for granted that the main purpose of the in
struction was to cause it to be signifed to the
Government of the L. S. that the attack OH
the steamboat "Caroiine'' was an act of pub
lie force done by the British colonial author-
ties, and fully recognized by the Queens
Government at home. and that consequently
no individual concerned in shat transaction
can, according to the just principle Of the
laws OF nations, be held personally answera.
Bile In the ordinary courts of law as for pri.
vate offence; and that upon this avowal Of
Her Majesty's Government, Alexander Nc.
Iced, now imprisoned on an indictment fol
murder alleged to have been committed il
ceedings as are usual and are suitable to thu
case.
The President adopts the conclusion tina
: nothing more than this could have been inten
: ded to be expressed, from the consideration
that Her Majesty's Government must be full
2 y aware that in the q. s. as in England. pei
sons confined under judicial process can b,
released from that confinement only by Judi
cial process. In neither country, as the UT
y dersigned supposes, can the arm Of the En-
Il ecutive power interfere, directly or forcibly
:, 10 release or deliver the prisoner. His di:
u charge must be sought in a manner conform
1t able to the principles of law and the proceed
n ings OF courts OF judicature. If an indictmeI
ii like that which has been found against Alcl
IS Mcleod, and under circumstances like thos
IT which belong to his case, were pending
is gainst an individual in one of the courts
l. England, there is no doubt that the law OF
2, Ger OF the Crown might enter a mile prcscqt
70 or that the prisoner might cause himseIfto /
a. brought up on habeas corpus and discharged,
" his ground Of discharge should be a6judge
Id sufficient, or that he might prove the sun
tn facts, and insist on the Same defence or @,
IT emption on his trial.
ut ali these are lega! modes Of proceedin
We well known to the laws and practice Of Dol
countries. But the undersigned docs n
at suppose that, if such case were to arise
ne England, the power Of the Executive Go
2; ernment could DO exerted in any more dire
u manner. Even in the case Of Ambassadc
~ and other public Ministers whose right 70 {
emptlon from arrest is personal, requiring
W fact 20 be asceJiajrGd but the mere fact OF