New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-06-05
THE CASE OF Mcleod.
Il .ccoMrAyYIys TlE rK9slDsNT- - "
-iIr, Fox TO }lr. Webster.
VV,eTlr~crox. iiarch i. !

x,s,rScrox siarcH j., lS!i.
Tn undersigned Her Britannia Majesty Envoy Extra
orIirsry and Minister Plonpocnary, Is instructed ny
his Government make The following official c'ainuhc'
ton to tic Government OF the United States;
Her Maiostys Government haze had sndcr their conS-
crion the CORRESPONDENCE which took place al Washing
ton Dcceber last, between The United States Secretary
of State Mr. FORSYTH and the undersigned. comprising two
Official letters frrn tho undersigned! 10 A! FORSYTH da'eI
the 18th and 2q;n December. and oicia letters from
Mr. FORSYTH tn undersigned dated the 26th and SUN OF
the month, upon the SUSPECT OF tic aTrStAhG hTt''"
ncnt Of Mr. Alexander Mcleod, OF Upper Canada 10y the
authorize, of the State OF Ncv-fork upon pretended
charge arson and murder having been engaged IN the
capture and destruction of the steamboat Caroline on Inc
29h December. 1887.
The undersigned Is directed the first place to make
known 10 the Government OF the United States that Her
Masiy Government entirely approve Of the course Prrsu
ed by undersigned in that correspondence and "l the
language adopted by him in the official letters above men
tossed And the undersigned instructed again TO dc
nan from the Government OF the United states formally
the of the British Government, the immediate re-
lci-e of Nh. Alexander Mcleod.
TIr grounds unon which the British Government make
this demand upon the Government Of the Unicd States are
these: That the transaction account OF which Mr. Me-
eod has beer arrested and i be put upon his ira! vas
transaction Of public character planned and executed BY
persons duly empowered by Her Majesty Colonial Anthof
Ia take steps and do which might be ncces
sary for the defence of Her Aalcty territories and for the
protection Her Maicsvs subjects and that consequently
those subjects of Tier Majesty who engaged that transac
ton performing Of public duty for which they
be made personally and individually asweraole to
the laws and tribunals OF am foreign country
The transaction in question may have BEEN Her Ma
jcsty's Government Of opinion that It luhable
employment of force tor the purpose OF defending the british
tcritorv from the unproypked attack o band OF British
rebels and American pirates, VINO, having been permitted TO
and organize themselves within the territory nj the
United States had actually invaded and occupied portion
Of the territory of Her Nniesy, may have been as
alleged by Mr. Forsyth in his the Undersigned OF the
H., inc ID
peace Of the TERRITORY Of the United States But this Is
question essentially Of a political and international kind,
which be discussed and settled only between the two
Governments and which justice of the State OF
Nc-Yor by possibility have any OF Judging
OF any right of deciding.
1t would be contrary to the universal practice Of civilized
nations fix individual responsibility upon persons VINO
with tc sanction BY the orders of the constituted autho
ties engaged in military naval enterprises IN
their countrs and obvious thar the Introduction
OF such principle would aggrayac beyond measure the
miscrcs and would earully increase the demora2ng
effects of war By mixing up with national cNasperton the
crocy of personal passions, and Tn" cruelty and bitterness
Of individual revenge
Her Majesty Government cannot believe that the Ga
vernmeut tho tntcd States really intend
ample 50 fraugt with evil the community Of nations, and
the direct tendency which b. bring back into the
practice OF modern atrocities which civilization and
Christianity have long since banshed.
Neither Her Majesty's Government admit Tor mo-
ent the validity OF the doctrine advanced by Mr. Forsyth
power to interfere in the question, aud that the de-
c-ion thcreo; solely and entirely with the State OF
New York.
With Tho particulars OF the internal compact which may
between the several States that compose the Union
foreign Powers have nothing do the relations of foreign
Powers with the aggregate Union thai Union them
represented BY the Federal Government and Of that Union
te Federal Government = 20 them tic only organ here
tore when foreign power mas redress demand for
wrong done by any State Of the Union Is 70 the Fed
eral Government and not the separate State that such
power must look for redress FOR that wrong And such for
elm power cannot admit the plea that the separate State Is
an indnDenden BODY over which the Federal Government
has control L. obvious that such doctrine, IT admit
ted would 90 dissolution OF the Union 50 tar az
its relations with foreign powers concerned and that
foreign powers such case instead al accrcdltIns diplomat
c agents 70 the Federal Government would send such
not that Government the Government Of zach sepa
rate Sa,e; and would make their relations Of peace and
war with each State depend upon the result OF their separate
intercourse with such State whou. reference TO the rea
tons they might have with the
Her M1cs;ys Government appreheHd thai the above IL
The conclus which the Government of the United
States intend arrive yer such the conclusion TO wfcn
The arguments tia, nave been advanced By Mr. Forsyth
cessariy lead.
Be that as il may ner AIaestys Government formally de-
rand upon the grounds already stated the immediate re
lease of Mr. NcLeod and her Nalcstys Government en-
The Government 81 the United States take INTO IT'S
most deliberate consideration Of the
sequences when from rejection of this demand
The United States Government viii perceive that, ia de
manIing Nr McLeos release, Her Majesty Government
argue upon the assumption 'ha: he Of the persons
enga-ed in the captur, OF the steamboat Caroline : but
Her Maestys Government have the strongest for
being convinced Nh Mcleod in fact engaged
in that and the undersigned hereupon Instruct
ed say thar although the circumstance itself makes diff
ference m the political and international question
and although Her Majesty Government do demand Mr..
VI Leods reease uopn the ground that ne concerned
IN The capture Of the Caroline bat upon the ground that the
capture Of the Caroline transaction OF public char
which tn persons engaged n cannot incur private
and personal possibility We, Government Of the United
States must disguise from themselves thai the fact that
M Mcleod engaged in the Transaction mus naces
sarily tend greatly iaane That national resentment which
any harm a shall be suffered BY M Mcleod u the hands
o; the State Of Ne'y-York, viii iaaby excite throughout;
;e rhoe OF the British Empire
The undersigned addressing present official conmu
nicaiioa by order Of h Goy.mrnent NJ. Wsb.er SEQ