The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-05

by others and that by its steady legislation this
most important subject il has done something TO pro-
mote peace and good neighborhood among nations and
| TO advance the civilization OF mankind.
! The undersigned trusts thai, when her Britannia
Msiesys Government shall present the grounds, al
length, on which they justify the local authorities Of
Canada in attacking and destroying the caroline
they will consider that the laws Of the United States
such as the undersigned has Eow represented Them
and that the Government Of the United Sites has al
ways manifested sincere disposition To see those laws
efteetnay and impartially administered. y .ne,e
have been in which Individuals justly obnoxious
to punishment, have escaped, this Is no more thah
happens in regard To other laws
Under these circu mstances and under those imme-
da,ey connected with the transaction ITSELF VAL DO
| Tor Her Msjesty's Government TO show upon what
state of facts ard what rules Of national law the des
tructon Of the Caroline" is to be defended IL will
be for that Government TO show necessity for self
defence, instant overwhelming, leaving no choice OF
means and moment for deibera,ion IL will be for
il to show also that the local authorities Of Canada,
supposng the necessity of the moment authorized
| them to enter the territories Of the United States at
all, did nothing unreasonable excessive; since the
act justified by the necessity OF self defence must be
limited by that necessity, and kept clearly within IT,
IL must be shown that admonition or renonsirance TO
the persons board the "Caroline was npracticabe
| or would have been unavaing it must be shown that
day light could not be waited for that there could be
attempt at discrimination between the innocent and
| the guilty that il would not have been enough to
seize and deain the vessel; but that there was ne
/
darkness Of the night, while noored TO the shore and
while unarned asleep on board killing
| some and wounding others, and then drawing her in
to the current above the cataract setting her on hre
and, careless TO know whether there might not be in
her the innocent with the guilty, or the living with
the dead committing her TO a fate which fills the ina
gnation with horror necessity for all this the Go
vernment of the United States cannot believe to have
| existed.
All will that if such things be allowed TO occur,
| they must lead TO bloody and exasperaed war; and
when individual comes into the United States from
Canada, and TO the very place on which this drama
was performed, and there chooses to make public and
vain glorious boast Of the part he acted in H. it is hard
y wonderful that great excitement should be created
| and some degree of commotion arise.
This Republic does not wish to disturb the tran
guilty Of the world. Its object is peace, its policy
is peace Il seeks aggrandsemen: by foreign con-
quest, because it knows that no foreign acquisition
could augment its power and Importance 30 rapidly as
they already advancing by Its own natural growth
under the pTopitious circumstances of its situation.
But 1t cannot admit that its Government has not both
the will and the power to preserve its neutrality,
and to enforce the observance of its own laws upon It's
own citizens 1t is jealous of its rights, and among
Others and most especially of the right OF the absolute
immunity of its territory against aggression from
abroad and these rights il the duty and the deter
mnation of this Government fully and at all times to
maintain; while it will ut the time, scrupu
ousy refrain from infringing the rights Of others.
The President instructs the undersigned to say in
conclusion hot he confidently trusts that this and all
other questions of difference between the two Govern
ments will be treated by both in the full exercise Of
such spirit Of candor, justice, and mutual respect,
shall give Of the long continuance OF peace
| between the twocountries.
| The undersigned avals himself of this opportunity
| to assure Mr.. Fox of his high consideration.
DANIEL WEBSTER.
HENRY S Fox, Esq &C. &C. &c.
Copy Of Instructions 10 Mr.. Crihenden, enclosed in
the ADORE
/ DEPARTMENT OF STATE,
i Washington March Is, 1871.
Sin Alexander Mcleod, Canadian subject of
Her Britannia Majesty, is now imprisoned at Lockpor
in the State of New York under an Indictment for
murder, alleged to have been committed by him in the
attack on and destruction of the steamboat Caroline
at Schlosser, in that State the night of the 10Th
December, 1887; and his trial is expected to take
place at Lockport on the ED instant
You are apprizcd of the correspc ndence which took
place between MIR. FoRsYTH, late Secretary Of State
and Mr.. Fox, Her Britannia Majestys Minister here
on this subject in December last
In his note TO Mr.. Fox of the Goth of that month,
Mr. FoRsYTH says: Ii the destruction of the Caro-
line a public act Of persons in Her Majestys
service obeyng the order of their superior authorities,
this fact has not been before communicated to the
Government of the United States by person author
lied to make the admission and will be for the Court
which has taken cognzance of the offence with which
! Mr. Mcleod is charged 10 decide upon its validity
| when legally established before it,
| The President deems this to be proper occasion
| to remind the Government of Her Britannia Majesty
that the case Of the Caroline has been long since
| brought to the attention Of Her Maesiy's princi-
| pal Secretary of State for Foreign Affairs who,
| up to this day, has not communicated its deci-
sion thereupon 1t is hoped that the Government of
Her Majesty will perceive the Importance of long
er leaving the Government Of the United States un-
informed of its views and intentions upon subject
which has naturally produced much evaporation and
which has led TO such grave consequences.
| have now to inform you that Mr. Fox has adj
dressed note to this Department under date of the
Incta xuh pDh mad. data
| ton and direction of his Government, he demands
formally and officially, McLeods immediate release,
the ground that the Transaction account of which
he has been arrested and to be put upon his trial.
of public character, planned and executed by the
persons duly empowered by Her Majesty's colonial
authorities to take any steps and do any acts, which
might be necessary for the defence Of Her Majcstys
territories, and for the protection of Her Majcstys
subjects; and that consequently those subjects of Her
aesty who engaged IN that transaction were per-
forming dn act OF public duty, for which they cannot
be made personally and individually answerabe TO the
laws and tribunals of any foreign country and that
| Her Majestys Government has further directed Mr..
| Fox TO make known to the Government Of the United
States that Her Majesty's Government entirely APP
prove of the pursued by Mr.. Fox and the Ian
guage adopted by hun in the correspondence above
mentioned.
There is, therefore, now, an authentic declaration
the part of the British Government that the attack
| on the Caroline was act of public force, done by
military men, under the orders of their supeTiors and
| is recognised such by the Queens Government
The importance of this declaration is not TO be doubt
ed, and the President is of opinion that il calls upon
him for the performance of high duty That an in
dvidual forming pat of public force and acting
der the authority of this Government is not To be held
answerablc, private trespasser malefactor is
principle of public laws, sanctioned by the usagcs of
all civilized nations, and which the Government of
the United States has no inclination 10 dispute. This
has connection whatever with The question whoth-
in this case the attack the Caroline was the
British Government think it, a UNSUITABLE employ
ment Of force for the purpose Of defending the British