Southern pioneer, and Carroll, Choctaw and Tallahatchie Counties advertiser. (Carrollton, Miss.) 1840-1842, 1841-01-30

the two countries in the last few wears. no
one can be more convinced than yourself. 1t
Is then with unfeigned regret that the Presi.
dent finds himself unable TO recognise the va
dlty of demand, compliance with which
you deem SO material TO the preservation OF
the good understanding which has been hith-
erto manifested between she countries
The jurisdiction of the several States which
constitute the Union is within its appropria-
ted sphere, perfectly independent of the Fed
eral Government. The offence with which
Mr.. Mcleod is-charged was committed with.
in the territory, and against the laws and cit
liens of the State of New York. and is one
that comes clearly within the competency of
her tribunals. 1t does not, therefore, present
an occasion where, under the Constitution and
laws of the Union, the interposi'ion called for
would be proper, for which warrant can be
found in the powers with which the Federal
Executive is invested Nor would the Cir
cumStances TO which you have referred, or the
reasons you have urged, Justify the exertion
OF such power, if it existed.
The transaction out of which the question
arises, presents the case of most unjustifiable
invasion, in time of peace, of portion of the
territory of the Unitei States, by band OF
armed men from the adjacent territory OF
Canada, the forcible capture by them within
our own waters, and the subsequent destruc-
ton of a steamboat, the property of citizen
] of the United States, and the murder of one
or more American citizens. If arrested at
| the time, the offenders might unquestionably
have been brought to ju .tice by the judicial
authorities of the State within whose acknowl.
edged territory these crimes were committed
and their subsequent voluntary entrance with.
in that territory, places them in the same sit
uation. The President is not aware of any
principle of international law, or indeed Of
reason or justice, which entities such often.
ders to impunity before the legal tribunals
when coming voluntarily within their indie.
pendent and undoubted jurisdiction, because
they acted in obedience to their superior au.
thorities, or because their acts have become
the subject of diplomatic discussion between
the two Governments. These methods of re-
dress, the legal pro 'ecution of the offenders
and the application of their Government for
satisfaction, are independent of each other
! and may be separately and simultaneously pur.
sued. The avowai or justifcatiou of tire out
rage by the British authorities might be 9
ground of complaint with the Government %
the United States, distinct from the violation
of the territory and laws Of the State of New
|
of the Union TO that of Great Britain, for the
redress of an authorizes outrage of the peace
dignity, and rights of the United States, can
not deprive the State of New York of he
undoubted right of indicating, through tn,
exercise o. her judicial power, the property
and lives of her citizens.
You have properly regarded the alledgec
al sence of Mr.. Mcleod from the scene of tn,
offence at the time when it was committed
; as not material to the decision of the preSen
question. That is matter to be decided By
legal evidence; and the sincere desire of th,
President is, that it may be satisfactorily eS
tablished. If the destruction of the Carolin,
was a public act of persons In her Majesty
service, Obeying the order of their superiO
authorities, this fact has not been before com
munca,ed to the Government OF the Unite
States by person authorized to make the ad
mission; and il will be for the court which ha
taken cognizance of the offence with whic
: Mr.. Mcleod is CHARGED. to decide upon its va
liditv when legally established before it.
The President deems this to be prope
occasion TO remind the Government of her Bri
tanic Majesty that the case of the Caroline
has been long since brought to the attentio
of her Majesty's principal Secretary of Stat
for Foreign affairs, who, up to this day, Ina
not communicated its decision thereupon.
is hoped that the Government of her Maiest
will perceive the importance of no longer lea
wing the Government of the United States un
informed of its views and intentions upon
subiec, which has naturally produced muc
exaspe ration, and which has led to such grav
I consequences.
+ avail myself of this occasion to renew I
YOU the assurance OF my distinguished consio
, Grafton. JOHN FORSYTH.
H. S. Fox, Esq, &C. &C. &c.
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