Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-07-08
Documents
ACCOMPANYING THE PREsiDRNr's MESSAGE
THE HscEsEOD AFFAIR.
FROM TIE DEPARTMENT OF STATE.
Mr.. For. 10 Ar. We5sttr.
WASHINGTON, March l2, 1871

tertiary. Is instructed by his Government Ia
make the following official Gomppnicaton to
the Government OF the United States.
! Her Majesty's Government, have had under
their consideration the correspondence which
took place at "a ashington in December last,
between the United States Secretary of State,
Mr.. Forsyth, and the undersigned, ccmpri-
sing two official letters from the undersigned
to Mr.. Forsyth, dated the 18th and 29th of
December. and two official letters from Mr..
Forsyth to the undersigned, dated the Goth
and 3Oth OF the same month, upon the sub
!ect OF the arrest and Imprisonment of Mr..
Alexander Mcleod, of Upper Canada, by the
authorities of the State of New York, upon
pretended charge of arson and murder as hav-
Ing been engaged in the capture and destruc-
tioA of the steamboat "Caroline' on the 29th
December, 1897.
Tie undersigned is directed in The first
place to make known TO the Government of
the United States that Her Majesty's Gov
ernment entirely approve of the course pursu-
ed by Me undersigned in that correspondence,
and OF the language adopted by him in the
Official lett. RS above mentioned.
And the undersigned is now instructed a.
rain to demand from the Government of the
United States, formally, in the name Of the
British Government, the immediate release
of Mr.. Alexander Mcleod.
The grounds upon which the British Gov
eminent make this demand upon the Govern
mcrt of the United States are these: That
the Transactions on accoun, Of which Mr.. Nc
Leod has been arrested and is TO be put upon
his trial, was transaction OF a public char rae
ter, planned and executed by persons duly
empowered by Her Majesty's Colonial Au-
thorlties to take any steps and to do any acts
which might be necessary for the defence of
Her Majes,y's territories, and fer the protec-
ton OF Her Majesty,s subjects; and that con-
seqmently those subjects of Her Majesty who
engaged in that transaction were performing
an act Of public duty for which they cannot
be made personally and individually answer
able to the laws and tribunals of any foreign
country.
The transaction in question may have been,
as tler Maiesty's Government are of opinion
that it was, Justifable employment OF force
for the purpose OF defending the British terri
tory from the unprovoked attack OF band of
British rebels and American pirates, who.
having been permitted to arm and organize
themselves within the territory of the u. S.,
had actually invaded and occupied portion
of the territory of Her Majesty, or it may
have been, as alleged by Mr.. Forsyth, in his
note to the undersigned of the Goth of Decem-
Der, "a most unluStinabie invasion in time Of
is question essentially of political and in
ternatlonal kind, which can be discussed and
settled only between the two Governments,
and which the courts of justice ofthe State OF
New ork cannot by possibility have any
means OF Judging or any right OF deciding.
1t would be contrary to the universal prac-
tlce OF civilized nations to fix individual res
possibility upon persons who, with the sane
ilon or by the orders of the constituted antho-
rites OF d State, engaged in military or naval
enterprises in their country's cause; and it is
obvious that the introduction of such prin-
clpie would aggravate beyond measure the
Iniserits, and would frighltnlly increase the
demoralizing effects OF war, by mixing mp
with national evaporation the ferocity OF per-
sonal passions, and the cruelty and bitterness
OF individual revenge.
Her Majesty's Government cannot believe
that the Government Of the U. ). can really
intend to set an example so fraught with evil
to the community OF nations, and the direct
| tendency OF which must be TO bring back into
the practice of modern war atrocities which
civilization and Christianity have long since
banshed.
Neither can Her Maiestys Government
admit for moment the validity OF the doc.
thine advanced by MIR. Forsyth, that the Fed
| eral Government of the u. >. has no powel
to interfere in the matter in question, and tina
the decision thereof must rest solely and en-
tlrely with the State ofN. York.
With the particulars Of the internal com
pact which may exist between the severa
states that compose the Union, foreign Pow
ers have nothing to do: the relations of for
eisn Powers are with the aggregate Union
ti,at Union is to them represented by tn
Federal Governments; and OF that | Mon tn
In f,nf 9 tn hon, nrtxr
gan. Therefore, hen foreign Power ha
redress to demand for wrong done 10 il b
any State OF the Union, it is to the Feders
Government, and not to the separate State
r that such Power must look for redress IL
r that wrong. And such foreign Power canine
: admit the plea that the separate State is a
\ Independent body over which the Feder
Government has no control. Ii is obviol
j that such doctrine, if admitted, would
once go to a dissolution OF the Union as far Z
), its relations with foreign Powers are concern
: ed; and that foreign Powers, in such cas-
It instead OF accrediting diplomatic agents
the Federal Government, would send such
gents not ~ that Governmen. but to the Go
ernment oil each separate State and won
make their relations of peace and war wi
each tate depend upon the result of the
separate intercourse with such State, witho
= reference to the relations they might ha
m with the rest.
= Her MaJesty's Government apprehend tf
I the above IS not the conclusion at which q
r. Government of the u. :. intend 10 arriv
yet such Is the conclusion TO which the arc
ments that have been advanced by MIR. K,
syth necessarily lead.
But beibas as it may. Hei Ma,eosy's c.;