The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-06-29
DOCUMENTS ACCOMPANYING THE PRESL
DENTS MESSAGE.
FROM THE DEPARTMENT. OF STATE.
Mr.. Webster to Mr.. FO1.

Washington, April "a, 1871.
The undersigned, Secretary of State ofthe Unit
ed States, has the honor to inform Mr. Fox, Envoy
Extraordinary and and Minister Plenipetentiary of
Her Britannia Majesty that his note OF The 18th of
March was received and laid before the Presi-
dent.
Circumstances we'll known to Mr. Fox have
essarily delayed, for some days, the consideration
of that note.
The undersigned has the honor now to say that
it has been fully considered and that he has been
directed by the President address 10 MIR Fox the
following reply:
Mr. Fox informs he Government of the United
States, that he is instructed TO make known TO it
that the Government of her Majesty scntlreiy -ups
prove tile pursued by him in his correspon-
dence with Mr. Forsyth in December last, and the
language adopted by him that occasion; and tina,
that Government. have instructed him "agan to de
mand from the Government the United States,
formally, in the name OF the British Government,
the immediate release of Alexander Mcleod; that
'the Grounds upon which the British Govt make
this demand upon the Government of tho United
States these: That the transaction account
of which Mr. Mcleod; has been arrested and put
upon his trial was transaction ola public charac-
ter, planned y executed by persons duly empower
ed by Her Majesty's colonial authorities to take a
NY step which might be necessary for the defence
Of Her Majesty's territories, and for the protection
Of Her Majesty's Subjects and that consequently
those subjects Of Her Majesty who engaged in that
transaction performing act ofpublic duty,
for which they cannot be made personally and in
dividualy auswerable TO the laws and tribunals Of
any foreign country"
The President is not certain that he understands
precisely the meaning intended by Her Majcsty's
Government to be conveyed by the foregoing in
struction.
This doubt has occasoned with the President
some hesitation but he ncnes to take ii for grant
ed that the main purpose of the instruction was TO
cause it to be signfed to the Government of tho U
nited States, that the attack on the Steamboat Gar
oline was act Of public force done by the Brit
ish Colonial authorities, and fully recognized by
the Queens Government at home, and
that consequently no individual concerned
in that transaction can, according to the
Just principle of the laws of nations, be held per-
sonally answerable in the ordinary courts of law
as for private ofTence and that upon this avowal
of Her Majestys Government, Alexander Mcleod,
now imprisoned on an indictment for murder alleg
ed to have been committed in that attack, ought to
be released by such proceedings usual and
are suitable TO the case.
The President adopts the conclusion that moth
ing more than this could have been intended TO be
expressed, from the consideration that Her Males
tvs Government must be fully aware that in the
United States as in England, persons confined I'M
der judicial process can be released from that con-
finement only b, judicial process In neither coun
try, the undersigned supposes, can the ann OF
theExecuve power interfere, directly or forcibly TO
release or deliver the prisoner His discharge must
be sought in manner coniormable TO the princi-
pies OF awSthe proceedings of courts ofJudcature.
Il an indictment, like tina: which has been found
gains: Alex. Mcleod, and under circumstances
like those which belong to his case, were pending
az ainst an individual in one of the courts of Eng
land, there is no doubt IN at the law officer of the
Crown might enter nolle prosequi, that the pris
oner might cause HIMSELF 10 be brought up on babe
as corpus and discharged if his ground of discharge
should be adjudged sufficient, or that he might
prove the same facts d. insist on the defence
or exemption on his II ial 81
All those are legal modes of proceeding, well
known to the laws and practice Of both countries.
But the undersigned does not suppose that, II such
a case were to arise in England, the power of the
Exec Govt could be exered in any more direct man
ner. Even IN the case ofAmbassadorsSS other public
ministers, WHOSE 10 eAc'hPtioh 'ion "'iO't 10
PERSONAL requiring fact to be ascertained but the
mere fact of diplomatic character, and to arrest
whom is sometimes made highly penal offence,
if the arrest be actually made, 1t must be discharg-
ed by application to the courts of law
II is unde, stood that Alexander Mcleod is hol'
den as well on civil as on criminal process foi acts
alleged to have been done by him in the at
tack on the ssCaroine," and his defence or ground
of acol,ital must be the same in both cases. And
this strongly illustrates, as the undersigned con-
ceves the propriey Of the foregoing observations;
since it is quito clear that the Executive Govern
ment interfere to arrest clv'l SUIT between
private parties in any stage of its progress but that
such suit must 90 on 10 its regular judicial termina.
ton it, therefore, any course different from such
as have been now mentioned was In contemplation
of Her Maiesty's Government something would
seem 10 have been expected from the Government
IF The United States as little coniormable to the
laws and usages of the English Government as to
,hose of the United States, and TO which this Gov