The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-05
Mr.. Webster TO Mr.. For.
DEPARTMENT OF STATE,
Wash in pfou. dDriI II.


The undersigned, Secretary of State Of the United
States, has the honor to inform Mr.. Fox, Envoy Elk
raordinary and Minister Penipotcntiary of Her Bri-
fannie Majesty, that his note of the 18th Of March
was received and laid before the President
Circumstances well known to MIR. Fox have ncres-
sary delayed for days. the consideration of tina,
note,
The undersigned has the honor now to say that il
has been fully considered and that he has been d
rected by the President TO address to Mr. Fox the fol
lowing reply
Mr. Fox informs the Government of the United
States that he is instructed make known TO it that
the Government Of Her Majesty entirely approve the
pursued by him in his correspondence with MI
FoRsYTH in December last, and the language adopted
Ivy him that occasion; and that that Government nj
have instructed him again to demand from the Gov
eminent of the United States formally, in the name OF
the British Government the immediate release of Alex
ander Mcleod !" that the grounds upon which tho
British Government make this demand upon the Gov
eminent of the United States are these: That the
transaction account of which Mr.. Mcleod has
been arrested and is to be put upon his trial was
transaction of public character planned and execu
ted by persons duly empowered by Her Majesty's co
onal authorizes 10 take steps and to do any acts
which might be necessary for the defence of Her Ma
jesys territories and for the protection of Her Ma
jestys Subjects and that consequently these subjects
of Her Majesty who engaged in that transaction
were performing act OF public duty, for which they
cannot be made personally and individually answera-
The President is not certain that he understands
precisely the meaning intended by Her Majesty 4
Government to be conveyed by the foregoing insruc-
ton.
This doubt has occasoncd with the President some
hesitation, but he incnes to take it for granted that
the main purpose of the instruction cause it 10
he sIgniaJ To the Government of the nted States
that the attack on the steamboat Caroline" an
Of public force done by the British colonial auho-
rites and fully recog nized by the Queens Govern.
| men nj home nu ma
concerned in that transaction can according 10 the
Just principle of the laws of nations, be h Id person
ally answerablc in the ordinary courts of law for
private offence and that upon this ayowal OF Her
Majesty's Government, Alexander Mcleod, now i'm.
prisoned an Indictment for murder alleged to have
been committed in that attack, ought to be released
by such proceedings as usual and are suitable to
the
The President adopts Il conclusion that nothing
than this could have been intended to he express
cd, from the consideration that Her Macsys Govern
ment must be fully aware that in the United States,
in England persons confined under judicial process
be released from that confinement only by Judicial
process In neither country the undersigned sup
poses, the of the Executive power interfere,
directly forciby TO release deliver the prisoner.
HIS discharge must be sought in manner conforma-
BILE to the principles of law and the proceedings OF
courts of judicalure. If Indictment, like that
which has been found against Alexander Mcleod,
and under circumstances like those which belong to
his case, were pending against individual in one of
the courts of England there is doubt that the law
officer of the Crown might enter noiie prosequi, or
that the prisoner might himself 10 be brought
up habeos corpus and discharged if his ground Of
discharge should be adjudged sufficient, that he
might prove the facts and insist the de-
fence or exemption on is trial.
All these are legal modes ofproceedng, well known
TO the laws and practice of both countries But the
undersigned does not suppose that, if such case
10 arise in England the power Of the Executive
Government could he excrted in any more direct man
ner Even in the of Ambassadors and other
public Ministers, whose right 10 exemption from
rest is PERSONAL requiring fact to be asceraincd but
the fact of diplomatic character, and TO arrest
whom is sometimes made highly penal offence the
arrest be actually made il be discharged by ap-
plicaton to the courts of law.
1t is understood that Alexander Mcleod is holden
well on civil on criminal process for acts alledg
ed to have been done by him in the attack the
Caroline, and his defence or ground Of acquittal