Richmond palladium., 1841-07-03
OFFICIAL DOCUMENT.
DIPLOMATIC CORRESPONDENCE ON THE
CASE OF MLEOD.


Secretary Of State, dated March 18th, and the e.
ply being dated April 21tb, 1911. Were ii posi-
BILE, should most gladly make room for the
whole Of this correspondence-but as 1t is quite
long, and presume many of our readers
will have already il, we shall present merely
summary of its essential points.
Mr. Fox announces in the first place that Her
Majesty's Government entirely approve Of the
course pursued by him in his previous correspon-
dence this subject, and that he is instructed n
gain to demand from the Government of the
United States, formally, IN the name Of the
British Government, the tmnedinte release OF Mr..
Alexander Mcleod Tie ground Of this demand
IS that tho transaction account of which he
was arrested was one Of a public character,
planned and executed by persons duly authorized
by the British Government; and that these
persons were therefore performing an act Of pub
lie duty for which they cannot be made personal
Iy accountable to the laws aud tribunals of any
foreign country. The destruction If the Caro-
line mny have been, and the British Government
believe that il was, i1s,f bic act for The pur
pose of resisting the attacks Of British rebels and
American pirates; bu, this is question to be
discussed only by tho two governments, and
which the courts of justice IN The State Of New
York have right 10 decide.
An attempt 10 fix ndlv idual responsibility upon
persons for any thing done IN obedience to the or
dcrs Of their country is believed to be contrary
To- the universal practice of civilized nations, and
has n direct tendency to bring back INTO modern
"
anitv have long since banished
Her MaIestv's Government cannot admit for
moment the validity of The doctrine adv anccd by
Mr.. Forsyth, that the decision "t this question
rests entirely with the State of New York. For
cign Powers have nothing to do with the itcrnal
compact which may exist between the several
States Of the Union can they admit The plea,
when they have redress to demand for wrongs
done by any State, that the State is indfpen-
dent body which the Federal Gov ernment
Il,
strongest reasons for believing that Mcleod was
in way concerned in the destruction Of tho
Caroline: 1t IS not upon this ground, however, but
upon those already stated ha, his immediate re-
lease is uncondionally demanded.
In reply to this note Mr.. Webster says that the
President has doubt TO the precise mean
ing intended TO be conveyed by the instruction of
the British Government to their Minister. He
takes 1t for granted, however, that It's main pur-
pose signify to the United States Govern
merit that the destruction OF the Caroline was an
net Of public force, done by the Colonial aulhor
ties and fully recognized by The Queens Govern
ment at home; aud that conscq quently no person
concerned in 1t can be held personally auswcra-
bic in the ordinary courts OF Law us for private
offence, and that upon this avowal MIR. McLeod's
release by such proceedings as are usual aud suI-
table To the case. is demandcd. This conclusion
IS adop ed from the belief that Her Maestv's Go
vernmen, mus, DO fully aware that III the United
States, as IN England, persons cnniiacd under
process. In neither country can the arm OF the
Executive power interfere directly or iorcibiv To
release or deliver the prisoner Even in the
ot Ambassadors, 10 arrest whom Is somrtIInes
made highly pena! offence, if the arres; be
iuaIly made, it mus, be discharged by application
10 The courts OF law. McI.eod's discharge must
therefore be sought IN a manner coniormable to
the principles OF law and the proceedings of courts
ot j,idicaturo. In more direct manner could
the power of the Executive iii England ho
csed whore similar case to arise there. II.
therefore, any course different from this in
contemplation by Her Maiesty's Government,
something would seem to have been expected
from the Government of the United States as
httle contormabe to the laws and usagcs Of the
English Government to those of the United
States, and TO which this Government cannot ac-
cede.
The communication of the fact that the des-
truction of the Caroline act of public
iorce by the BatIsh authorities gives to the case
decided aspect. No donbt Is enterta ined by the
government OF the United States that, after this
avowal, individuals concerned in that act ouph,
10 be held personally responsible in the ordinary
tribunals OF law tor their participation in it
And the President presumes that it can hardly
be necessary to say that the American People
not dstrustful of their ability to redress public
wrongs by public means, cannot desire The pun
ishment of individuals whom the act complained
OF Is declared TO have been &C, of Government
itself.
Ihe ind'ctment against Mcleod Is pending in
State Court. where his rights are as safe Us
they could be in one of the Courts Of this Gov
ernment HIS case has been brourh, befora the
Supreme Court Of the State Of New York bv
the ordinary process Of hdbeas corpus, and the
accompanying instructions given BY the Presi-
dent TO the United States District Attorney will
sufficiently evince the desire of this Government
that no avoidable DELAY may be suffered 10 take
place in these proceedings.
Mr.. Webster signifies 10 Mr., Fox tha. tho Co.
vernment of the United States has not changed
The opinion heretofore expressed of the character
OF the act OF destroying the Caroline Ii does
not think that II can be justified by reasonable
extension OF the just righ, of sef-defence, which
Always attaches TO nations When the alleged
exercse Of THIS rish, has Led 10 the commission