Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-11
TWENTY-sEyENTn CoNGREss---lst sess.
DOCUMENTS
CCO.NPa.S-YLSG THE PRESIDENTS MESSAGE.
FRON TIE DEPARTMENT OF STATE.
Mr Eor 10 .Mr YlhSker.

DOCUMENTS
ACCOMPANYING THE PRESIDENTS MESSAGE
FRoN TIE DEPARTMENT OF STATE.
Mr.. For to Mr.. WLbSer.
WAsnlscros, March 12, lo4l
The undersigned, her Britannia Maes,ys Envoy
Extraordinary and Minister Pleni poentiary, IS IN
structed by his Government to make the following
official communication TO the Government of the u.
States:
Her Malestys Government have had under their
consideration the correspondence which took place at
Washington in December last, between the u. S. Sec
rotary OF State, Mr.. Forsyth, and the undersigned
comprising two official letters from the undersigned 10
Mr. Forsyth, dated the 18th and 2h of December and
two official letters from Mr.. Forsyth to the undersigned
dated the 26th and Both of the same month"; upon the
subject Of the arrest and Imprisonment of Mr. Aexan.
der Mcleod Of Upper Canada by the authorities
State Of ~ y, upon pretended charge Of and
MURDER having been engaged in the capture and de-
s,ruction of the steamboat "Carolne' the 29lh OF
December, 1857.
The undersigned is directed in the first place to make
known to the Government Of the L. ). that her Maj
tvs Government entirely approve of the pursued
by the undersigned in that correspondence and of The
language adopted BY HIM IN the Official letters ABOVE
mentioned.
And the undersigned is instructed again 10 de-
mand from the Government Of the u. s., formally, IN
the name Of the British Government the immediate re
lease of Mr.. Alexander Mcleod,
| The grounds upon which the British Government
/
these That the transaction on account oil which
Mr. Mcleod has been arrested and is to be put upon
his trial transaction Of public character, plan
ned and executed by persons duly empowered by hel
Maiestys Colonial Authorities 10 take any steps anc
to do any acts which might be necessary for the dc
fence of her Maesys territories, and for the proicc
ton of her haestys SUBJECTS and that consequently
those subjects of her Majesty vino engaged IN that
transaction performing an act OF public duty to'
which they cannot BE- made personally and individual
/ trim rf
country
The transaction in question may have been, as heI
| Maiestv's Government are Of opinion that Il was,
Unsuitable employment of force for the purpose Of de-
tending the British territory from the unprovoked at
tack Of band of British rebels and American pirates
who, having been permitted 10 arm and organize them
selves within the territory Of the United States had
actually invaded and occupied portion OF the terrific
ry Of her Majesty, il may have been, as alleged by
Mr. Forsyth, in his note 10 the undersigned OF tie
Goth of December, ia most unluslihable INVASION ~
time of prnce of the territory of the United States
But this is a question essentially of political and IN
terna,ona kind which can be discussed aud settled
| only between the two Governments, and which the
courts of justice of the State Of New York cannot by
possibility, have any means Of judging or any right o.
decidug.
1t would be contrary 10 the universal practice of CT
vzed nations to f. individual responsibility upon per
who, with the sanction or by The orders 81 the con
sttu,ed authorities of State, engaged in military OF
naval enterprises IN their country cause; and IL IS Oh
vious that the introduction of such principle would
aggravate beyond measure the mscries and would
frighifuliy the demorazins effects Of by
mixing up with national evaporation the terocty OF
personal PASSIONS and the cruelty and bitterness of
divdua revenge.
| Her Maestys Government cannot believe that the
Government of The w. S can really intend 10 set an
example SO fraught with evil to the community of ma
TONS and the direct tendency of which must be tc
bring back into the practice of modern atrocities
which civilization and Christianity have long since ba
nished.
Neither can her Majesty's Government admit for
moment The validity Of the doctrine advanced By Mr.
Forsyth that the Federal Government Of the L. ) has
no power interfere the matter in question: aud that
the decision thereof must rest solely and entirely with
the State OF New York.
| With the particulars Of the internal compact which
NAV exist between the several States that compose
the Union, foreign Powers have nothing to do The
laons Of foreign Powers with the aggregate mon
that Union is to them represented by the Federal
| Government; and OF that Union the Federal Go
vcrnment is TO them the only organ Therefore, when
foreign Power has redress 10 demand for wrong
done to it by any State Of the Union, il is Ia the
Federal Government, and not to the separate State,
that such power must look Tor redress for that wrong
And such foreign power cannot admit the plea that the
separate State is independent body over which the
Federal Government has control IL Is obvious that
such doctrine, il admitted, would at once GO to dis
solution of the Union as far its relations with foreign
Powers are concerned; and that foreign Powers in
such case instead Of accrediting diplomatic agents to
the Federal Government, would send such agents not
TO that Government, but TO the Government Of each
separate State; and would make their relations OF peace
and war with each State depend upon the result Of
their separate intercourse with such State, without
ference the relations they might have with The rest.
/ Her Majesty Government apprehend that the above
is the conclusion at which the Government Of the
u. S. intend to arrive yet such the conclusion To
iha ia bceu advanced he MIR
Forsyth necessarily lead.
I But be that as il may, her Majestys Government
formally demanded, upon the grounds already stated
the immediate release OF Mr. Mcleod; and her Majes-
tvs Government entreat the President Of the IT, 5. TO
take his most deliberate consideration the serious
nature Of the consequences which must from a
1 reicct OF this demand.
The u. S. Government will, perceive that, in de-
manding Mr.. McLeods release, her Majeslys Co
yerpment argue upon the assumption that he one
of the persons engaged in the capture Of the steam
| boat "Caroline:" but her Majestys Government
have the strongest for being convinced that
Mr. Mcleod was not in fact engaged IN that trans
action: and the undersigned is bereupon instruct
ed to say that although the circumstance itself
makes difference in the political and inlerna-
tional question at Issue; and although her Majesty s
| Government do not demand MIR. hlcLends release
upon the ground that he was not concerned in the
capture of the "Caroline but upon the ground that
the capture Of the "Carolne was transaction of a
public character for which the persons engaged in it
cannot incur private and personal responsibility yet
the Government OF the U. 5. must not disguise from
themselves that the fact that Mr.. Mcleod
gagged in the transaction must necessarily tend greatly
10 nlame that national resentment which any harm
that shall be suffered by Mr.. Mcleod the hands Of
the authorities of the State of New York will nalli-
bly, excite throughout the whole of the British Empire
The undersigned, in addressing the present official
communication, by order of his Government, 10 Mr..
Webster, Secretary of State of the United States,
has the honor to offer him the assurance of his dis
tinguished consideration. RI. 5. FOX.
The Hon. DANIEL WEBSTER, &C., &c, &c.
Mr. Uebster to Mr.. For.
DEPARTMENT OF STATE,
Washington, lpra "a, l54l.
The undersigned Secretary Of State of the United
States has the honor inform Mr. Fox, Envoy Extra
ordinary and Minister Penipo,entiary Of her Britannia
Mac,ty, that his note of the 18th Of March re-
ceived and luid before the President
Circumstances well known TO Mr. Fox have neces-
sarily delayed for days. the consideration Of that