The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1841-01-04
Hon. JOHN FORSYTH, &c. &c.
Mr.. Forsyth to Dir. Eos.
Mr. For TO IA. ForsuIh.
OEFAh u EN " - A4Et
Washington, December rs, 1874

Sal have the honor to acknowledge, and
have laid before the President, your letter of
the 18th instant, touching the arrest and i'm
prisonment Of Alexander Mcleod, British
subject, and late Deputy Sheriff of the Mia
CARA District, in Upper Canads, on charge of
murder aud arson, as having been engaged in
the capture and destruction of the Steam Boat
"CaToiine," in the month of December, 1887;
in respect to which you state that you feel IL
voul duty to call upon the Government of the
United States to take prompt and efectual steps
for the liberation of Mr.. Mcleod, and to pre-
vent others OF the subjects of her Majesty, the
Queen of Great Britain, from being prosecuted
or moIested in similar manner, for the future.
This demand, with the grounds upon which
il is made, has been duly considered by the
President, with a sincere desire to give to it
such a reply as will not only manifest pro-
D ar regard for the character ald rights of the
United States, but, at the same time, tend to
preserve the amieable relations which, so adj
,dntageously for both, subsist between this
country and England. OF the reality of this
disposition, and Of the uniformity with which it
has been evinced in the many delicate and diff
| 6cult questions which have arisen between the
two countries in the last few years, no one can
| be more convinced than yourself. 1t is then
with unfeigned regret that the President finds
himself unable to recognise the validity of a
demand. a compliance which you deem SO
material to the preservation of the good under
standing which has been hitherto manifested
between the two countries.
The jurisdiction of the several States which
constitute the Union is, within its appropriated
sphere, perfectly independent of the Federal
Government. The offence with which Mr..
| Mcleod is charged was committed within the
TERRITORY, and against the laws and citizens
of the State of New York, and is one that
/ comes clearly within the competency of her
tribunals. 1t does rot, therefore, present an
occasion where, under the Constitution and
laws of the Union, the interposition called for
would 10 proper, OF .or which warrant can
be found in the powers with which the Federal
Executive is invested Nor would the cir
cumstance to which you have referred, or the
reasons you have urged, justify the exerton
of such power, II 1t existed Inc transac-
tion out of which the question arises, presents
the case of most unJustifable invasion, in
time of peace, of portion of the territory Of
the United States, by band of armed men
from the adjacent territory of Canada, the for
chile capture by them within our own waters
and the subsequent destruction of steamt lat
fine property ola 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
Justice by the judicial authorities OF the State
Wltlln WnOsS dSkuoWieuSco pSAAitoiJ uSsc
crimes were committed; and their subsequent
voluntary entrance within that territory, place
them in the same situation. The President is
not aware of any principle Of International law,
or indeed of reason or justice, which entities
such offenders to impunity before the legal
tribunals, when coming voluntarily within their
Independent and unioubted jurisdiction, be-
cause they acted in obedience to their superior
authorities, or because their acts have become
the subject of diplomatic discussion between
the two Governments.
These methods of redress, the legal prose
cution of the offenders, and the application Of
their Government for satisfaction, are indepen-
dent of each other, and may be separately and
simultaneously pursued. The sgcwal or jus.
LITIGATION ofthe outrage by the BRITISH authori
ties, might be ground of complaint with the
Government the United States, distinct from
the violation of the territory and laws oil the
State of New York. The application of the
Government of the Union to that Of Great Bri-
tain, for the redress of an authorized outrage Of
the peace, dignity, and rights of the United
States, cannot deprive the Stats of New York
Of her undoubted right Of vindieating, through