Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-07-02
THE MCLEOD AFFAIR.
FROM THE DEPARTMENT OF STATE.
NJ For to Mr.. FORSYTH


The undersigned, Her Britannia Maestys Envoy
Extraordinary and Minister Plenlpotentnry, is in
srut ted by his Government to make the following
official communication 10 the Government Of the
United States:
Her Malesty's Government have had under their
consideration the respondence which took place
Washington in December last, between the United
States Secretary Of State, Mr.. Forsyth and the
dersigned, comprising two Official letters from the
undersigned to Mr.. Forsyth dated the 18th and Goth
of December, and two official letters from Mr.. For
syth to the undersigned dated the 10Th and Both of
the same month, upon the subject Of the arrest and
imprisonment of Mr.. Alexander Mcleod, Of Upper
Canada, by the nuho tiles of tho State Of New
York. upon q pretended charge Of arson and
murder, of having been engaged in the capture md
destruction Of the steamboat "Carone," on the Goth
The undersigned is directed in the first place to
make known to the Government of the United States
that Her Malesty's Government entirely approve of
the pursued by the undersigned in that cores
pondence and the language adopted by him in the
official letters above mentioned And the underslgn-
ed is now instructed again 10 demand from the Gov
eminent of the Unled States, formally, III the name
Of the British Government the immediate release of
Mr.. Alexander Mcleod.
The grounds upon which the British Government
make this demand upon the Government Of the Uni
ted St ties re the That the TRANSACTION account
of which Mr.. Mcleod has been arrested and is to be
put upon his t Il, was transaction of public char
acter, planned and executed by persons duly en-
powered by Her Majcsty's Colonial Authorities TO
take any steps and do any acts which might be
necessary for the defence Of Her Majestys terrific
res, and for III protection OF Her Maestys subjects
and that consequently those subjects OF Her Majesty
who engaged in that transaction were performing
act of public duty for which they cannot be made
personally and individually answerabe to the laws
and tribunals of any foreign country
The transaction in question may have been, as Her
Maestvs Government are of opinion that II was, a
ustiabe employment of force for the purpose of de-
Tending the British territory from the unprovoked at
tack Of band of British rebels and American pirates,
who, having been permitted arm and organize
themselves within The territory of the United States,
had act tally invaded ana occupied portion of the
territory Of Her Majesty or it may have been, as al!
legged by Mr.. Forsyth in his note to the undersigned
of the Goth of December, "a most unlus,iabe invasion
in time Of peace of the territory Of the United States
But this is qestion essentially of political and in
ternatonal kind which can be discussed and settled
only between the two Governments, and which the
courts of justice Of the State of New York cannot by
possibility have any means OF judging or any right OF
deciding.
1t would he contrary to the universal practice of
civilized nations to fix individual responsibility upon
persons who, with the sanction or by the orders of the
constituted authorities of the State, engaged in mill
tary naval enterprises in their country cause and
il is obvious that the introduction Of such principle
would aggravi beyond measure the mlscrles, and
would fearfuy increase the demoralizlng effects OF
war, by mixing up with national evaporation the
fcrocity of personal passions, and the cruelty and
bitterness OF individual revenge.
Her Maesty's Government cannot believe TINT the
Government of the United States really intend 10
set example so fraught with evil to the community
of nations and the direct tendency of which must
bring back into the practice of modern war atrocities
which civilization and Christianity havo long since
banished.
Neither can Her Majesty. Government admit for
moment the validity of the doctrine advanced by
Mr.. Forsyth, that the Federal Government of the
United States has power TO interfere in the matter
in question, and that the decision thereof must rest
solely and entirely with the State of New York
With the particulars of the internal compact which
may exist between the several States that compose the
Union, foreign Powers have nothing to do; the rela-
tons of foreign Powers with the aggregate Union
that Union is to them represented by the Federal
Government, and Of that Union the Federal Govern
mcnt is TO them the only organ. Therefore when
foreign power has redress to demand for wrong
done TO II by any State Of the Union, 1t is TO the Fee
deral Government and not to the separate State that
such power mus, look for redress for that wrong.
And such foreign power cannot admit the plea that
the separate State is independent body over which
the Federal Government has no control. tits obvious
that such doctrine II admitted, would al once go
dissolution of the Union so far as its relations with
foreign powers are concerned; and that foreign
powers, in such case, instead Of accredlting dplo
matte agents to the Federal Government, would send
such agents not to that Government but 10 the Gov
eminent, each separate State; and would make their
relations of peace and war with each State depend
upon the result Of Their separate intercourse with
such State, without reference 10 the relations thew
might have with the rest.
Her Mojesty's Government apprehend that the
above is not the conclusion at which the U. States
iUteNu 70 arrive yet SUCH ~ nlt W WHICH
the arguments thai have been advanced by Mr. For
syth necessarily lead.
Re that as II may, Her Majestys Government for.
mally demand, upon the grounds already stated, the
immediate release of Mr. Mcleod and Her Ma
iesty's Government cntreat the Government of the
United States To take into its most deliberate consi
Iteration the serious of the consequences which
must ensue from rejection of this demand
The United States Government will perceive that,
in demanding Mr.. McLeoi's release, Her Maesty's
Government argue upon the assumption that he was
one Of the persons engaged the capture ofthe steam
boat, Caroline; but Her Mniesty's Government have
the strongest reasons for hsnE CONVINCED that Mcleod
was not IN fact engaged N that transaction and tho
Mndarn ynai heIelnnn InsIM,tsi 70 saY tlLlt a.