Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-05
Hon JoHs FoRsrrH, s
MR.. FORSYTH TO MR.. FOX.
DEPARTMENT OF Sr.rr.

wAsHNeroS, December 20, 1910.
Sra; have the honor TO acknowledge, and have
laid before the President, your letter Of the i3th in.
slant, touching the arrest and Imprisonment of
Alexander Mcleod, a British subject and late De-
putty Sheriff of the Niagara District, in Upper Ca.
NADIA, on charge of murder and erson as having
been engaged in the capture and destruction Of the
steameo't Caroline" IN the month o. December
1887; IN respect TO which you state that you fee
!. your duty TO call upon the Government of the
United States To take prompt and efrciual steps for
the liberation Of Mr. Mcleod and to prevent others
OF the subjects of her Majesty, the Queen of Great
prihn, from being prosecuted molested in a
similar manner for the future.
This demand, with the grounds upon which IL is
MADE, mas been duly considered by the President
with sincere desire to give to il such a reply as
Will not only manifest proper regard for the cha
racter and rights OF the United States, but, at the
same time, tend TO preserve the amlcable relations
which, so advantage ousy for both, subsst between
this country and England. or 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 between the TWO
countries IN the last few years, one can be more
convinced than yourself. Ii is then with unfs ned
regret that the President finds himself unlb to re-
cosnise the validity of demand, n compliance
with which you deem: so material TO The preserva-
ton OF the good unders; standing which has been hi
therto manifested between the two countries
The jurisdiction o: the s,s raj States which CON-
sutute the Union is, ITS a >nrcpriate sphere
perfectly Independent. of the FedeIs 10 rnment
The offence with which Mr.. Mel, OF Is cha &c d was
committed within the territory, and -sains the laws
and citizens OF the State of New YoIk, and is one
that comes clearly within the competency Of her rri-
bunalS IL does not, therefore, present an occasion
where, under the Constitution and laws of the
I'm on, the interpcsiliOn called for would he proper
or for which warrant can he found in the poMt RS
Win which the Federal Executive i, invested. Nor
would the circumstances 10 which you have reerrt D.
or the reasons JS1 have urged, Justify the exeItICn
OF such power, Il it existed The translction out
oil which the question arises, pfes-ns the Case OF
most unjustIhabie invasion, IN time of peace Of a
portion Of the territory Of the United States by
band OF armed men from the dacent territory Of
Canada, the iorcbe capture by them within our
own waters, and the subsequent DESTRUCTION &C n
steamboat, the property of cllIzen of the United
States, and the murder of one or more Amerca n
ciuzens. IL arrested at the time, the off ndeTs
might unquestlcnably have been brought TO Justice
by tho judicial au hortes Of the State within whose
acknoW lodged territory these crimes were commit
tcd; and their subsequent voluntary entrance with
m tnat territory places them IN the situation
The President is not aware OF any principle OF in
ternatlonal law, or, indeed, of reason or Justice
whch entities such offenders to impuniiy before the
legal tribunals, when coming voluntarily within
their independent and undoubted jurisdiction, be
cause they acted IN obedience TO their superior au-
thoHtes or becluse their have become the sub.
Ject oil diplomatic discussion between the two Go
vernments. These methods Of redress, the legal
prosecution OF the offenders and the application OF
their Government Tor satisfaction, are rdep lent
oil each other, and may 6e separately and smulta
neously pursued. The avowal or iustifc ition of
the Outrage by the British authorities might be a
ground OF complaint with the Government Of tn,
United States distinct from the violation Of the
territory and laws OF the State of New York. The
Application of the Government OF the Union TO that
OF Great Britain, for the redress Of an authorized
outrage OF the peace, dignity, and rights of the u.
states, cannot deprive the State OF New York of
her undoubted right Of vndicaIng, through the ex
eTcse OF her judicial power, the property and lives
OF her citizens. You have very properly regarded
the alleged absence OF Mr.. Mcleod from the scene
OF the offence at the time when il was committed.
as not material to the decision of the present cues
ton. That IS matter TO be decided by legal evil
dence; and the sincere desire of the President is
that may be satisfactorily established II the de
structon OF the Caroline was public act OF per-
sons IN her MaJestys service, obeying the order of
their superior authorities, this fact has not been be
fore communicated TO the Government of the Uni
ted States by n person authorized to make the adj
mi SOM and II will be for the court which has taken
cosn zance OF the offsrce with which Mr. Mcleod
charged, TO decide upon ITS validity when legally
established before It.
The President deems this to be proper occasion
TO remind the Government of her Britannia Males
ty that the case Of the "Caro.inen has been long
since brought to The attention OF her Maestv,s nrin
cipnl Secretary Of State for Foreign Afr,irs, who
up TO this day, has not communicated its decision
theTeupon IL is hoped that the Government of her
Majesty will perceive the Importance OF no longer
leaving the Government Of the United States unIn-
formed OF its views and intentions upon a subject
which has naturally prOdrced much evaporation,
and which has led 10 such grave consequences.
l avail myself OF this occasion to renew to you
the assurance Of my distinguished cor sideration.
JOHN FORSYTH.
II. S. Fox, ESQ.,, &c. SC. &c.