Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-01-15

Mr.. Forsyth TO Mr.. For.
DEPARTMENT OF STATE, }
w cl,, a nrlut, Doc OF lStQ (

Washington, Dec. 2G, lSi0.
Sir 81 have the honor TO acknowledge, and have
Ia before the President your letter of the 18th inst
touching lhearrest and imprisonment of Alexander
Mcleod, British subject, and late Deputy sheriff of
the Niagara District in Upper Canada, on a charge Of
murder and arson, as having been engaged in the cap
ture and destruction of the steamboat "Caroline" in
the month of December, 1897; in respest to which
you stale that you feel it your duty to call upon the
government Of the United States 10 take prompt and
eectual steps for the liberation of Mr.. Mcleod, and
TO prevent others of the subjects of her Majesty the
Queen of Great Britain from being prosecuted or mo-
Tested in similar manner for the future.
This demand, with the grounds upon which il is
made, has been duly considered by the President with
sincere desire to give to 1t such reply as will not
only manifest proper regard for the character and
rights ofthc United States but at the time tend
to preserve the amcabe relations which, SO advanta
gously for both, subsist between this country and
England OF the reality OF this disposition and Of the
uniformity with which il has been evinced in the many
delicate and difficult questions which have arisen be-
tween the two countries in the last few years.
can be more convinced than yourself 1t is then with
unfegned regret that the President finds himself una
Bile TO recognise he validity of demand compliance
with which you deem SO material to the preservation
OF the good understanding which has been hitherto
manifested between the two countries.
The jurisdiction Of the several States which con-
stltute the Union is, within its appropriate sphere per-
fecty 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 tri-
bunas. 1t does not, therefore, present an occasion
where, under the Constitution and laws of the Union,
the ln,erposition called for would be proper or for
which a warrant can be found in the powers with
which the Federal Executive is invested. Nor would
the circumstances 10 which you have referred or
the you have urged, justify the exertion OF
such power, if 1t existed The transaction out OF
which the question arises, presents the of most
nnlustiable invasion, in time of peace, of portion
of the territory of the United States, by band oarm-
ed men from the adjacent territory of Canada, the
forclble capture by them within our own waters,
| and the subsequent destruction of a steamboat, the
property of citizen Of the United States, and the
murder of one more American citizens. II arrested
at the time the offenders might PROFESSIONALLY have
been brought TO justice by the judicial authorities OF
the State within whose acknowledged territory these
crimes committed and their subsequent volun-
tary entrance within that territory places them in the
same situation. The President is not aware of any
principle of international law, or, indeed, ofreason
justice, which entities such offenders TO mpunity be
| fore the legal tribunals, when coming voluntarily
within their Independent and undoubted jurisdiction
because they acted in obedience to their superior au
thortes, because their acts have become the sub
ject OF diplomatic discussion between the two Gov,
ernments. These methods of redress the legal pro-
secuton of offenders and the application Of their Gov
eminent for satisfaction, are Independent of each
| other, and may be separately and simultaneously
pursued. The avowal or justification Of the outrage
by the British authorities might be ground of com
plant with the Government of the United States dis
tnct from the violation Of the territory and laws Of
the State of New York. The application of the Gov
eminent of the Union to that Of Great Britain for the
redress of an authorized outrage of the peace dignity
and rights of the United States cannot deprive The
State Of New York of her undoubted right of vindi
eating through the exercise Of her Judicial power the
property and lives of her citizens.-You have very
properly regarded the alleged absence of Mr. Mcleod
from the of the offence at the time it was com
mited as not material to the decision of the present
question. That is matter to be decided by legal evil