Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1841-01-09
The Caroline,


Mr. Fox the British Minister has written a leltr
to Mr.. Forsyth Secretary of state, dcmandirs the
Liberation Of Mr.. Mcleod, who was arrested and |
coniincd in the l.ockpou Jail a short time SINCE as
one Of the persons cngoged in the les ruction of the
Steamboat Caroline. The British Minister says, |
mat the de'ruc,ion ofhe Caroline was in obedience
TO the orders Of the British Government, and that the
act must ,her fore, be scttl by the two National
Governments.
Mr. Forsyth in reply saws:
"lt is with unfeigned regret that the Pre- sdrnt
finds himself unable to recognize the vnlid v Of a
demand compliance with which you deem so ma.
terla to the preservation Of the good understanding
which has been hitherto manifested between the
two countries,
The jurisdiction of the several States which con-
siiue the Union is, within its appropriate sphere,
perfectly independent of the Federal Government.
lie offence with which Mr.. Mcleod is charged was
committed within the territory, and against the laws
and citizens of The State New York and is one that
comes clearly within the competency of her ,rbu-
mails. 1t does not, therefore, present an occasion
Union, the nterposton called for would be proper,
or Tor which warrant can he found in the powers
with which the Federal Executive is invested. Nor
would the circumstances TO which you have REFER.
ed or the reasons you have urgeI justify the exer-
ton of such power, if existed. The transaction
out OF which the question arises, presents the
case of most unjusliiabe invasion. in time of
peace. Of portion of the territory of the Unel
Staies,hy handofarmcJ men from the ali,centt terri
tory of Can. di, the frcibe capure by them within
our own w'tcfs, and the subsequent destruction of
steamboat, the property Of citz Of the T. States,
and the murd,r Of one or more American citirens
lf arrested a, the time, the fienders might rques-
honlhly have been brought 20 u ,ice by the judicial
authorities Of the State, within whose acknow rdged
territory these crimes were committed; and their
subsequent vol lnary entrance within that territory
places them in the same 81 ul,ion, The President
is not aware of ony principle OF int national law or
indeed Of reason or justice which entities such or-
dcrs TO mpuniiy eiore the legl tribunals, when
coming vo,unt'rlly within their independent and
undouhteJ jursdc, N, because they acted in o. eIi-
ence TO their superior authorities, because their
acts have become the suffice, of diplomatic discus
sion between tho two Gov rmcn's.
These metho's of redress, the lcgnl prosecution of
the FLINDERS, and the application Of her Cover
mcnt for satisfaction, are INDEPENDENT Of each 9TH T.
and may be sepCrltcy and ,imul,aneopsy sly pursued.
The avowi or ius,ific ,ton of the outrage by the
British authorities, m shi he ground Of complaint
with the Govermen, of the Unit d States, disiinc,
from the violation of the territory and laws # the
State of N,w York. The application Of the Govern
m mt OF the Uni to that Of Great Briiain for the
redress OF an authorizel outrage Of the eace, gn
", and rights of the United States, cInnot deprive
the State of New York of her undoubfcd right If
indicating, through the exercise OF her judicial
power, the properly and lives of her teens. You
have very properly regarI. ID the alleged absence of
Mr.. Mcleod from the scene of the offence at the
time when it was committed, as no, matetiI TO the
decsl'n OF the pre- sent question. That it is a maj.
ter 10 he decided by legal evidence; aud the desire
of the President is. that i, my be s,i sflctary es
tabiished If the destruction OF the Caroline was
public act OF In her VI, Je,t service, obey
ing thr order of their Ileror autho, es hi: fact
has not h,en before communicate to the Cover,
ment Of The United Sta. $ by person Authorized
10 make the admission; and it wi lie for the court
which has taken cogois Of The offtnce with
which Mr.. Mcleod is charged Ia decide up,n its !
validity when legally s,ablsheI before it,
The p csid nj deems this to be prcp.r occasion
TO remind The Government of her Britannia MAJESTY
that ,!o of the Caroline has been long since
broush, to the a ,en,ion # her NJ, Us principal !
;. cy of Sta for Foreign Aifirs up to this day,
has not communicated its decision theeupor. 1t is
hoped tha, tie Government of her Majesty will per.
ceire The importance of TO longer leaving the Gov.
eimen Of the Unitod States uninfurmed If it. views
md intentions upon a sul Ject which has naturally
Produced much exasperaliun, and which has led to
such grave consequ hces.
avail myself of This occasion to renew to YOU the
assurance ofmy distinguished C nsileration.
JOHN FORSYTH.
ii. r. Fox esq &c q &C.
AT m, ering f the mi rchants OF The borough Of