The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-01-09
Hon. JOHN FoRsyrH, SC. &c.
Mr.. Forsyth to Mr.. For.
DEPARTMENT OF STATE,

|
Washington December 26, 1910.
SIR: | have the honor to acknowledge and have
laid before the President your letter of the 18th inst
touching the arrest and Imprisonment of Alexander
Mcleod, British subject and late Deputy Sheriff Of
the Niagara District, in Upper Canada, a charge
Of murder and arson, having been engaged in the
capture and destruction of the steamboat Caroline,
In the month of December 1887; in respect TO which
you state that you feel it your duty to call upon the
Government of the United States to take prompt and
cfectual steps for the liberation of Mr. McLead, and
to prevent others of the subjects of her Majesty the
Queen Of Great Britain, from being prosecuted or
molested in similar manner for the future.
This demand with the grounds upon which it is
made, has been duly considered by the President with
sincere desire to give it such reply will not only
manifest proper regard for the character and rights
of the United States, but at the time tend to
preserve the amicahle relations which advantage
ousy for both subsist between this country and Eng
land Of the reality of this disposition and of the
uniformity with which it 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 II is then with
unfegned regret that the President finds himself UNI
able to recognise the validity of demand, compli-
ance with which YOU deem material to the preserva
ton Of the good understanding which has been hith-
erto manifested between the two countries
The jurisdiction of the several States which consti-
tutes the Union is within It's 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 that
clearly within the competency of her tribunals.
1t does not therefore present occasion where,
der the Constitution and laws of the Union the inter-
position 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 cir
cumstances to which you have referred the
you have urged justify the exertion ofsuch power,
if it existed The transaction out of which the ques
ton arises, presents the of most unjustifabe
Invasion in time of peace oa portion of the territory
of the United States by band of armed men from the
adjacent territory of Canada the forcible capture by
them within own waters, and the subsequent de-
sructon ola steamboat the property of citizen Of the
United States and the murder Of one or more Ameri-
can citizens. IL arrested at the time the offenders
might unquestionaby have been brought to justice by
the judicial authorities of the State within whose ac-
knowledged territory these crimes were committed
and their subsequent voluntary entrance within that
territory, places them in the same situation The
President is not OF any principle ofinternatona
law or indeed ofreason justice which entities such
offenders to impunity before the legal tribunals, when
coming voluntarily within their independent and un-
doubted jurisdicon because they acted in obedience
10 lhelr superior authorities or because their acts have
become the subject of diplomatic discussion between
the two Governments These methods of redress, the
legal prosecution of the offenders and the application
OF their government for satisfaction are independent
OF each other and may be separately and simutane-
ously pursued The avowa or justification Of the out
rage by the British authorities might be ground Of
complaint with the Government of the United States,
distinct from the violation Of the territory and laws Of
the state OF New York The application of the Gov