Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-05

or molested in the United States in similar manner Tor
the future.
It appears that Mr. Mcleod arrested the 18th
ultmo that after tie examination of witnesses, he
was finally committed for trial on the lsth and placed
in confinement in the ja. of Lockport, awaiting The
a.szes, which will be held there in February next As
The case is naturally occasoning great degree Of ex
element and Indignation within the British frontier
earnestly hope that it may be in your power to give me
an early and satisfactory to the present rspesen
TALON
avail myself of this occasion 10 renew TO you the
assurance of my distinguished consideration
Hon. Joas FoRsyrrl, nc. &c.
Mr. Forsyth 10 M FOR.
DEPARTMENT or STATE,
Washington, December 20, 1910.
Sir: have the honor to acknowledge, ant have
laid before the President your letter of the l3,h INST
touching the arrest and imprisonment OF Alexander
Mcleod British subject, and late Deputy Sheriff o.
the Niagara District in Upper Canada, on charge OF
murder arsnn having been engaged in the cap
ture and destruction of the steamboat "Carolne IN
the month of December 1881; in respect TO which you
state that you feel it your duty 10 call upon the CO.
vernment Of the L. S. 10 take prompt and eiFactual
stems for the liberation Of Mr. Mcleod, and to prevent
others Of the subjects Of her Majesty, the Queen OF
Great Britain, from being prosecuted or moiested IN
similar manner, for the future
This demand, with the grounds upon which 1t is
made has been duly considered by the President, with
sincere desire 10 give it such reply as will not only
manifest proper regard for the character and rights OF
the United States but, at the same ine tend 10 pre-
serve the amcable relations which, so advanageousiy
for both subsst between this country aud England Of
the reality Of this disposition, and oil the uniformity
with which it has been evinced in the many delicate
and difficult questions which have arisen between the
two countries the last few years, no one can he more
convinced than Yourself 1t is then with uncigned re-
qrct that the President finds himself unable to recognise
| the validity of demand compliance with which you
deem material TO the preservation OF the good under
standing which has been hitherto manifested between
| the two countries.
The Jurisdiction Of the several States which const-
tule the Union is within its appropriated sphere, per-
fcctly independent Of the Federal Government. The
offence with which MIR. Mcleod is charged was COM
mi,ted within tho territory, and against the laws anu
citizens of the State of New York, and is that
comes clearly within the competency oil her tribunals
II does not therefore, present an occasion where,
under the Constitution and laws of the Union, the
nterposition called for would he proper, or for which
u warrant can be found in the powers with which
| the Federal Executive is invested. Nor would the
circumstances to which you have REFERRED or The rea-
sons you have urged Justify the eSerton of such pow
err if it existed. The transaction out Of which the
uestion arises presents the OF most unusabe
INVASION in time Of peace, of portion OF the terri
tory of the United States by band farmed men from
the adjacent territory of Canada, the forclbe cap
ture by them within waters, and the subsequent
destruction Of steamboat the property of citizen OF
the IT, S. and the murder Of one or more American CT
items Harvested the time, the offenders might I'M
queslionaby have been brought TO justice BY the judi
cial authorities Of the State within whose &C know
lodged territory these crimes were committed and
their subsequent voluntary entrance within that ter
ritory places them in the situation. The PresI-
dent is not of any principle OF international
law, or indeed of reason or justice, winch entities
such offenders TO mpunity before the legal tribunals
when coming voluntarily within their independent
and undoubted jurisdctlon because they acted IN
obedience TO their superior authorities, or because
their acts have become the subject of diplomatic
discussion between the two Governments. These
methods of redress, the legal prosecution OF the OF
Tenders and the application OF their Government oi
satisfaction, are independent Of each other. and may
be separately and simultaneously pursued The avow-
al or justification OF the Outrage By the British autho
f rites, might be ground of complaint with the Co.
vernmcnt ofthe u S. distinct from the violation OF the
territory and laws ofhe State OF n. Y The application
Of the Government of the Union that of G. Britain
for the redress of authorized outrage of the peace
dignity and rights Of the u ST. cannot deprive the
State of ~ York of her undoubed right OF vndlcatng
through the exercise of her judicial power the proper
t. and lives Of her citizens You have very properly
regarded the alleged absence of MIR. Mcleod from the
scene of the offence at the time when it was committed
not material to the decision Of the present question
That is matter to be decided by legal evidence and
the sincere desire of the Preside is that it may be
tsfactorv established If the destruction of the Ca
roline was public act of persons in her Maesys ser
vice. obeying the order of their superior authorities
this has not been before communicated to the 90
Iverlment oil Inc states by PelsuH
to make the admission; aud il will be for the cour
which has taken cognzance of the offence with which
Mr.. Mcleod is charged, to decide upon its validity
when legally established before it.
The President deems this to be proper occasion
to remind the Government of her Britannia Majesty
that the case OF tire "Carolne has been long since
brought to the attention of her Maestys Principal Sc
cretary of State for Foreign Affairs, who, up to this
day, las not communicated its decision thereupon. II
i. hoped that that the Government of her Majesty viii
perceive the importance of longer leaving the Go
vernment of the U. s. uniformed of its views and in
tentons upon subject which has naturally produced
much exasperation and which has led TO such grave
r consequences.
\ | avail myself of this occasion to to You the
assurance Of my distinguished consideration.
i JOHN FORSYTH.
H. S. Fox, Esq, &c, &c, &c
rive are unavoidubly compelled to lay over The res
of this days proceedings till our nextl
4 THE NEW CABINET.
We have avoided speculation the subject of Tip
Cabinet, supposing that the Thinking Committee woule
present expose any thing concerning the matte
TO the tspublic eye" But have the authority
of the "Whg presses for stating that the office of Sc
cretary of State has been rendered to Daniel Webste
| "a hat NJ dan f Ken Ky