The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-06-17
Nj. Webster to lNr. For.
DEFARTugNF on STATk,

i ne undersigned, Secretary OF state OF the
United States, has the honor 10 inform Mr.. Fox,
Envoy Extraordinary ard Minister Plenipoten.
tary of Her Britannia Majesty. that his note Of
the l2th Of March was received and laid before
the President.
Circumstances well known 10 Mr.. Fox have
necessarily delayed, for days, the considers
ton Of that note.
The undersigned has the honor now 10 say that .
il has been fully CONSIDERED and that he has been
directed BY the President to address 10 Mr.. Fox 4
the following reply
Mr. Fox informs the Government Of the Uni. /
ted States that he is instructed to make known
TO 1t that the Government of Her Majesty entire.
~ approve the course pursued BY him ia his cor
reSpondencs with Mr. FoRsYrH IN December last.
and the language adopted by him on that occa-
sion; and that that Government have instructed
him "again to demand from the Government Of
the United States, formally, in the name of the
British Government, the immediate release Of
Mr. Alexander Mcleod; I" that the grounds up.
on which the British Government make this de
nlapc upon the Government Of the United States
are these That the i-.nsaction on account Of
which Mr.. Mcleod has been arrested and is to
lie put upon his tria. was i transaction Of
public character, planned and executed By PER.
sens duly empowered BY Her Nalesteys colonial
authorities to take any steps and to DO any acts
which might Re necessary FOL tie defence Of Hsr
Malestys territories, sad toE the protection OF Her
Majestys subjects. and that consequently those
subjects Of Her Majesty who engaged in that
TRANSACTION were performing sn act Of pablie du.
II, for which they cannot be made personally and
individually answeTable 10 tho laws and tribunals
ofany foreign eoun:gy.n
The Presidsni Is rot certain that lie under.
stands precisely the meaning intended by Her
MaJesiy's Government 10 be conveyed BY tie
foregoing instruction.
This doubt has occasioned with the President
some hesitation, bat he declines TO take il for
granted that the main purpose of the instruction
was to cause 1t to be signifed to the Government
Of the United States that the attack on the steam.
boa, Caroline was an act Of pablic force, done
b. the British colonial authorities and fully re-
cognised by the Qaeen's Government al home,
and that consequently TO lndiyicual concerned
az that transaction can, according 10 the lust
principle Of the laws Of naliaas. bs held person.
ally aRswsra5le in the ordinary courts Of law as
for private offence and taat upon this avowal
Of her Majesiy's Government, Alexander Nc
DeOG. now imprisoned on an lndictmen, for mur.
der alleged to have been committed in that AZ
tack, ought to be released BY such proceedings Va
ere usual and ART suitable TO the case
The President adopts the conclusion that n,.h.
ing more than this could have been iiteLecI to
Ms3esty's Government must be fllly aw.-s that
il the United States, as in England, persons con.
lined under Judicial process can be released from
that confinement only b. Judicial process. Ia
Eeiiber country, as The rnders gned suPPoses, can
the arm q the E2ecaltTe power interfere, direct
j or fcreibly, % release or deliver the prisoner
His discharge mus, Be sought in a manner con
tormable TO tie principles Of Law and tie proceed
izgs Of co1rts Of judisatare. If an Indictment,
ike that wbich has been found against Alcxan.
Ger Mcleod. AMI upder circumstances Ike those
which bslong to his case, were pending against
ar individual IN ore Of the courts Of EaE.and,
there Is no dolbs that the layg officer Of the
Crown might enter g9l!s prosegui, or that the
prisoner might cause himself be brought up on
As5sss e0FPUs and discharged e las ground Of
discharge should Be ad ldged suilicieAs, OF that
be might prove lha same facts. and insist on the
same defence OF exemption ca his trial
All these are legal modes Of proceeding, veil
known to tie lass and practice Of both countries
Bat the undersigned does rot suppose that il
such case were 70 arse ia England, the power
If the Executive G0Ts.ameat could be exeFtcd
in any more direct manner. Even in the case
Of Ambassadors and oiAer puAIic Ministers,
whose right TO exemption from arrest is personal
requiring no fact . BE- sscsdalaod bat the mere
fact Of diplomatic character and &c arrest whom
Is soDe.imas made hg hiy penal ofsnee, If the
arrest be actually made, nlust ~ discharged h-
application 10 the copCls Of Iaw.
II IS understood that Alexander Mcleod IS
holden well as EVIL as "a criminal process for
arts alleged 10 hare been done Is him 10 the at
tack on tie "GHoiiDs,' and his defence or
gForud Ct acqus,li aust be tho same in 5oth
c1sas And tbs strongly Illustrates, as the &c.
aeTsigasd eonceises, tie pfopFlety Of tlse foreg5
fnE o0serTlllonsi sicce IL b. ggIte clear that the
4
clvl suit between private parties in any stage
Of It's progress, b.: that suca SUI. urst 60 OF 10
is regular Jna.elh Termination. H. therefore
any course different from suoa a. have seen now
mentioned was II contemplation Of Her Maiegty's
Government, s0meibiH- would seem to have been
expected fTcm tie Goyernment &C the United
States a. itue comfortable . tie laws and
usages CT the English Goyerarnent as ~ those Of
the Unlied States, and to which this GoYeEa-
ment cannot zecsde.
The Government Of the United States there.
fore, acting upon tie presumption which Il al
ready adopted, thai Eo9bIhg extraordinary or IN.
usual expected Qf requested Of Il, decided, on
the reception Of Mr.. FoKs us,s to take such
nsasures as the occasion and is oSa dIty ap.
peared 70 require.
Ir his note to Mr.. Fox Of the 2Gth Of Decea
Der last, Mr.. FoAsFlH. tie Secretary 81 State Of
the United States, observes, thai IL the destrue
- -. ~ -<N-laI4a, nag pa5.ls act Of persons
a. Der Msesiys service, OheyiHg tIe orGgF errT.rr
superior authorities, ths fact has &c: Dcca before
communicated 70 the GDyerumsat Of tile Bitsd
States by person Authorized 10 make the ad
admission and il will b. fof tie eoaFt which has
taken cognizsnss Of tie offence Hita which NJ
AieLsod Is charged 20 decide upon its validity
when Legally established before IL !" and adds
"1he Presided deems this to bs proaer oeca
sion 10 remind the Government of Her Britannia
Majesty that the case oi The Caroline has been
long since brought % the attention of her Ma
eEiys principal Secretary Of stzta FOR Foreign
Affairs, who. up TO this dsy, has not commun
Gated itr decision thersgpon. II IL hoped that
The Government of Her Majesty will perceive ths
importance Of 10 LONGER leaving the Government
Of the United ststes uainformsd of is vioss and
iutentions upon subject which has naturally
produced much evaporation, aBl which has led
u such grave consequences
Tive commentator Of the fact thai the De.
stra'dioa q the /" Csfgiino" was ia set % public
fierce ~ the British slilorities Being formally
communicated 70 TIE GoycrulaeE; or tie Uatsd
States By Mf. Fox note, tAe cssc assumes dc
C.6e1 aspect