Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-05
noe u VI Nrs
AccosPANYiN0 THE PRESIDENTS MESSAGE
FROM THE DEPARTMENT OF STATE
AIR. FOX TO NIX. WEBSTER.

voy Extraordinary and Minister PIanipS,enti,ry
Instructed by his Government to make the follow
ns oihcial communication to the Government
The United States;
Tier Msjesty's Government have had under the
consideration the correspondence which took Mac
Washington IN December last, bctwecn the Uni
eI states Secretaryof State, MIR. Forsyth, and th
undersigned. comprising two official letters from IN
Undersigned to MIR. Forsyth, dated the 18th an
x9th OF December, and two official letters from NJ
Forsyth To the undersigned, dated the goth and sol
OF The same month, upon the subject OF the arrcs
ana imprisonment of Mr.. Alexander Mcleod, G
upper Canada, by the authorities Of the State @
New York, upon pretended charge OF arson am
murder as having been engaged in the capture an
obstruction of the steamboat Caroline" ON the 29tl
OF December, 1857.
The undersigned is directed in the first place q
make known to the Government of the Unite,
states that Her Maiesty's Government entirely ap
proves 81 the course pursued Ivy the undersisnc,
IN that correspondence, and of the language adopt
eli by HIM in the official letters above mentioned
And the undersigned is now instructed AGAIN {,
demand from the Government OF the United States
| formally, IN the rame at the British Government
the immediate release of MIR. Alexander Mcleod
The grounds upon which the British Governmcn
make THIS demand upon the Government OF the u
States are these: That the transaction on account
OF which MIR. Mcleod has been arrested and is e
DC put upon his trial, was transaction OF publ,
character, planned and executed Ivy persons duly
empowered 10y Her MaleSty's Colonial Authotitie.
TO take any steps and to do any acts which nigh,
he necessary for the defence st Her Maiesty's ter
riiories, aud Tor the protection of Her Mnies:y's
| SUBJECTS; aud that consequently those subjects OF
Tier Majesty who engaged IN that Transaction were
petiorm'ng an act ot public duty for which they
| cannot be made personally and individually an
| swehable TO the laws and tribunals OF any foreign
country.
The transaction in question may have been, as
tier MaJesty's Government are of opinion that II
was, UNSUITABLE employment OF force for the pur.
pose oil defending the British territory from the un-
provoked attack Of a band of Blush rebels and
American pirates, who, having been permitted TO
arm and organize themselves within the Territory
of the United States, had actually invaded and oc-
cupicd portion OF the territory Of Her Majesty ar
II may have been, as alleged by Mr. Forsyth IN his
note TO the undersigned VI the 26h OF December ",
most unlusuhane INVASION IN time Of peace of the
territory OF the United States" But this is a cues.
ton essentially OF political and international kind
which can he discussed and settled only between
the two Governments, and which the courts OF ius-
ice OF the State OF New York cannot by possibility
nave any means OF Judging any right of dscid.
ing.
It would be contrary to the universal practice of
civilized nations To nix individual responsibility up.
on persons VINO, with the sanction or by the orders
OF the constituted authorities of State, engaged in
military or naval enter prSes IN their counry's cause.
and II obvious that the introduction OF such a
principle would aggravate beyond measure the mi
series, and would irshtiully increase the democrat
iEins ELECTS OF war, by mIXIrS up with nat!onal
evaporation The ierOcity of personal passions, and
the cruelty aud bitterness of individual revenge.
Her MnIestys Government canno, believe that
the Government OF the United States can really in
tend 10 set an example so taught with evil TO the
community OF nations, and the direct tendency OF
winch must bc 10 bring back into the practice of
modern war, atrocities which civilization and chris
tIAnlty have long since baushrJl.
Neither can Her MGes,y's Government admit
for moment the validity OF the doctrine advanced
by Mr. Forsyth, that the Federal Government, of
the onted States has no power TO interfere in the
matter Ia question, and that the decision thereof
must rest solely and entirely with the State of New
York.
With the particulars OF the internal compac, which
may exist between Tire several States that compose
the Union, foreign Powers have nothing 10 do: the
relations OF foreign Powers are with the aggregate
Union: that Union is to them represented by the
Federal Government, and of that Union the FEEDER
al Government IS 10 them the only orgin There
fore, when foreign Power has redress TO demand
tor wrong done 10 Il ~ any State OF the Union IL
IS TO the Federal Government, and not to the sep,-
rate State, that such Power must look for redress
Tor that wrong. And such foreign Power cnnno,
admit the plea that the separate State is an indie.
pendent body over win CHI the Federal Government
has no c,ntrol. IL IS obvious that such doc. rine
II admitted would at once 30 TO u dissolution of the
Union as lar its re!a IONS with foreign powers are
concerned; and that foreign Powers in such case
instead of accreditins diplomatic agents TO the Fed
cral Government, would send such agents not TO
separate State; aGd would make their relations of
peace and war with each State dc pend upon the re
suit oi their separate intercourse with such State
without reference 10 the relations they might have
with the rest.
Her Majesty's Government apprehend that the
above Is not the conclusion at which the Government
OF the United States intend To arrive; yet such is the
conclusion 20 which the arguments that have been
advanced 10y Mr. Forsyth necessarily leot.
But be that 1t may, Her Malesly's Govern
Fnan all -
stated, the ImmecIl,c release OF Mr.. Mcleod; and
Her MaIestYs Government eIlreat the President of
tie United States 10 take into hz most deliberate
consideration the serious nature ofthe consequences
Wh.eh must ensue from rejection OF this demand.
The United States Government will perceive
that, IN demanding MIR. McI.eods release, Her Ma.
lestys Government argue upon the assum ption that
he was one OF the persons engaged in the Capture
OF the steamboat "Carollne;" but Her Maiesty,s
Government have the strongest reasons for heinz
convinced that MIR Mcleod was not in fact engaged
IN that transaction: and the undersigned is here
upon instructed 10 sly that although the circum.
stance itself makes no difference IN the political and
International question at issue, and although Her
MaJesty's Government DO not demand Mir Nc
Leod's release upon he ground that he was not con-
cerned ~ the capture OF the Caroline" but upon
the ground that the capture Of the Caroline" was
a Transaction Of q public character for which the
persons engaged IN ., cannot incur private and per
sonai responsible l'y; yet the Government OF the o.
States must not disguise from themselves that the
fict that Mr.. Mcleod not engaged in the trans
acton must necc-,lry tend greatly to inf ime that
nhilonai resentme L which any harm that shall be
suffered Oy Mr. Mcleod at the hands of the autho-
rites Of the State u New York will InfaIbIy ex-
ciie throughout h whole Of the British Empire.
The undersigned, IN addressing the present Off
cia communication, by order of his Government
to Mr. Websicr, Secretary OF State Of the United
states, has TIC honor 10 offer to him tho assurance
Of his distinguished consideration.
II. s. FOX.