The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-25
Mr.. Webster 10 Lord Ahbufton.
DEPARTMENT OF STATE,


Mr.. Webster 10 Lord Asibttton.
DEPARTMENT STATE,
Washington, 9th August, 1912
Your orlship's note Of the 2Sth July in answer to
mine Of the 9th, respecting the Of the Caro-
line, has been received and laid before the Pres-
dent.
The President with pleasure that your lord
ship fully admits those great principles Of public law
applicable TO cases Of this kind, which this Govern
ment has expressed and that your part as on
ours respect for the inyolabe character Of the ter
ritory Of independent States, Is the most essential
foundation of civilization And while il is admitted
both sides, that there exceptions this rule
he is gratihed TO find that your lordship admits that
such exceptions must come within the limitation,
stated and the terms used in former communicated
from this Department TO the British Penipotentiar
here. Undoubtedly il is Just, that while il is admit.
ted that exceptions growing out Of the great law Of
selideence do exist, those exceptions should be
fined in which the "a necessity of sefdeiencc
is instant, overwhelming, and leaving no choice Of
means, and moment for deliberate on"
Understanding these principles alike, the difference
between the two Governments is only whether tie
facts in the case of the " Caroline" make out
of such necessity for the purpose of self-de-
fence Seeing that the transaction is not recent
having happened in the time of one of his prede
cessors seeing that your lordshp, in the name Of
your Government soemniy declares that slight or
disrespect was intended 10 the sovereign authority
of the United States; seeing thai it Is acknowledg-
ed that whether justiiabe not, there was vet
a violation Of the territory Of the United Staes
and that you are instructed to say that your
Government considers that most serious oc-
currence; seeing, finally, that IT is admitted
that an explanation aud apology for this violation
due al the time, the President is content 10 re-
ceive these Acknowledgements and assurances in the
conciliatory spirit which marks your lordships letter
and will make this subject, complaint Of viola
ton OF territory the topic OF no further discussion
between the two Governments
As TO that part Of your lordshps note which re-
lates other occurrences sprngng out of the case of
the Caroline" with which occurrences the name
of Alexander Mcleod has become connected have
to say that the Government of the United States en-.
tirey adhere TO the sentiments and opinions express
ed in the communications from this Department 10
Mr.. Fox. This Government has admitted, that for
act committed by the command Of his sovereign
jire bei, an individual cannot be responsible, in the
ordinary courts Of another State. II would regard il
as high ndignty if citizen of its own, acting un-
der its authority, and by its special command in such
cases, were held TO answer in municipal tribunal
and to undergo punishment, if the behest Of his
Government were no defence protection to him
But your lordship is aware that in regular con,t-
tutona Governments, persons arrested chargcS Of
high crimes can only be discharged by some Judicial
proceeding 1t is in England; it in The colo
MES and provinces of England. The forms of Judi.
C al proceeding differ in different countries beng
more rapid in and more dilatory IN others and
it may be added, generally more diatory, or at ast
ioTe cautious, III cases aHecuhg me- IN Governments
oil strictly limited than N those OF a unlimited
character 1t was subject OF regret that the release
OF Mcleod was SO long delayed. State court and
that not of the highest jurisdiction, decided that on
summary application, emb rrassed it would ap
pear by technical difficulties he could not be relea,.
ed by that court. His discharge, shortly afterwafd,
by jury, to whom he preferred to submit his case
rendered unnecessary the further prosecution Of the
legal question. 1t for the Congress Of the IT, States
whose attention has been called to the subject to say
what further provision ought to be made 10 expedite
proceedings in such cases ; and, in answer to your
lordships question toward the close of your note
have to say that the Government of the United STATE,
holds ITSELF not only fully disposed, but fully tompe
avows or acknowledges, and to fulfil every duty and
obligation which its owes to foreign Governments,
their citizens, or subjects.
have the honor TO be, my lord, with great cons
!, ration, your obedient servant
DANIEL WEBSTER
Lord AsnBURToN, sc. &c. &C.