Lexington union. (Lexington, Miss.) 1838-18??, 1841-02-06


J be proper, for which warrant can DO
| found in the powers with which the federal
executive is invested. Nor would the cIrt
cumstances to which you have referred, o.
the reasons you have urged, justify The
exertion Of such power, IL i existed.
The Transaction out Of which the cues.
ton arises, presents the case OF most
uniustiGable invasion, in time OF Peace,o Of
a portion of the territory of the United
States, by a band Of armed men from tho
adjacent territory Of Canada, the forciblc
capture by them within our own waters,
and the subsequent destruction OF steam
boat, The property Of citizen OF the U.
States, and the murder of one or more
American citizens. Harvested al the iimc
The offenders might unquestionably have
been brought to justice by the judicial
authorities Of the state within whose &C.
knowledged territory these crimes were
committed: and their subsequent voinnta,
nv entrance within that territory, places
them in tho same situation. The Presi.
dent Is not aware Of any principle Of inter.
nal law, or indeed Of reason Of justice,
which entities such offenders TO impuniiy
before the legal tribunals, when coming
voluntarily within their independent and
undoubied jurisdiction, because they acted
in obedience to their 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 often
ders, and the application OF their governs
ment for satisfaction, are independent Of
each other, and may be separately and
simultaneously pnrsued. The avswal or
justification Of the outrage by the British
authorities, might be q ground Of eom.
plant with the government OF the United
States, distinct from the violation of ne
territory and laws Of the state Of New
York. The application Of the govern.
ment of the Union to that Of Great Britain
| for the redress Of al authorised outrage Of
the peace, dignity, and rights Of the U. 8.
cannot deprive the state of New York Of
her undoubied right ofyndica,ing, 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 scene of the offence at the time when
it was committed, as not material to tho
decision Of the present question. That's
| a matter to be decided by legal evidence
and the sincere desire OF the President is
that il may be satisfactorily established
| If the destruction Of the Caroline was
public act Of persons in her Msjesy's
service, obeying the order Of their superior
authorities, this fact has not been before
communicated to the government Of the
United States by person atitiiUtnoa 10
make the admission; and it will be for Tho
court which has taken cognizance Ofths
offence with which Mr.. Mcleod is charg
ed, to decide upon its validity when legal
| " established before it.
The president deems this to be proper
occasion to remind the government Of her
Britannia Majesty, that the case Of tho
I" Caroline" has been long since brought
to the attention Of her Majesty's principal
secretary Of state for foreign affairs, who
up TO this day has not communicated it,
decision thereupon. II is hoped that tho
government Of her Majesty will percsiso
| the Importance of no longer leaving Tho
government Of the u. States uninform.d
Of i!s views and intentions upon subject
which has naturally produced much exas.
peration, and which has led to such graSs
consequences.
avail myselfof this occasion TO renew
TO you the assurance OF my distinguished
consideration.
/ JOHN FORSYTH