The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1841-06-18
NJ. WtJs'er 10 NJ. For.
DEPARTMENT OF STATE,
Washington, April "A,

Washington, April "a, ISL.
The undersigned, secretary Of state of the Uni.
ted States has the honor TO inform Mr. Fox, en-.
voy extraordinary and minister plenipOtontIary Of
her Britannia majesty, that his note of the 18th oil
March was received and laid before the president
Circumstances well known to Mr.. Fox have
necessarily delayed, for some days, the consldera-
ton Of that note.
The undersigned has the honor now to say that
it has been fully considered, aud that he has been
directed by the president to address 10 MIR. Fox
the following reply;
Mr.. Fox informs the government of the United
States that he is instructed to make known to il
| that the government of her majesty entirely APP
prove the course pursued by him in his coyrcspon-
dence with Mr.. Forsyth in December last, and the
language adopted by him on that occasion; and
that that government have instructed him again
to demand from the government of the United
States, formally, in the name of the British CO.
vcrnmcnt, the immediate release Of Alexander
Mcleod" that the grounds upon which the
British government make this demand upon the
government of the United States are these: That
the transaction on account of winch Mr. Mcleod
has been arrested and is to be put upon his trial
was a transaction of public character, planned
and executed by persons duly empowered by her
maicstys colonial authorities to take any steps
and to do any acts which might he necessary for
the defence of her majestys territories, 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 answcr0blo TO the laws
and tribunals of any foreign county,
The president is not certain that he understands
precisely the meaning intended by her majesty
government to be conveyed by the foregoing in-
strucon.
This doubt has occasioncd with the president
some hesitation, but he inclines to take it for
granted that the main purpose OF instruction was
10 cause it TO be sgnled to the government of the
United States that the attack on the steamboat
Caroline was an act of public force, done by
the BRUSH colonial authorities, and fully rccog-
nl4cd by the queens government at home, aud
that consequently no individual conccrncdin that
transaction can according TO the just principles of
the law of nations, he held personally answerablc
IN the ordinary courts OF law rs Tor private Of
fence; and that upon this avowal Other maicslv's
government, Alexander Mcleod, now imprisoned
on an indictment for murder alleged to have been
committed in thai attack, ought to be released by
such proceedings as are usual and are suitable TO
the case.
The president adopts the conclusion that Moth
ing more than this could have been intended to be
expressed, from the consideration that her ma
jcsty's government must lie fully aware that in The
United States, as in England, persons confined
under judicial process can he released from ihGt
confinement only by judicial process. In neither
country, as the undersigned supposcs, can the arm
of the executive power interfere, directly or orcb
ly, to release or deliver the prisoner His dis
charge mus, be sought in manner coniormablc
to the principles of law and the proceedings oil
courts of udcaturc. If an indictment, like that
which has been found against Ale sander Mcleod
and under circumstances ike those which belong
to this case, were pending against an individual
in one OF the courts ofEngland, there isno doubt
that the law officer of the crown might enter a
noHe proaeqii, or that the prisoner might cause
himself to be brought up on hdbeas corpus and dis
charged, it his ground of discharge should he adj
judged sufficient, or that he might prove the same
facts and Insist n,ho same defence OF exemption
OH his trial,