The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-29

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return. My business, air is not with what Mr.
Van Buren, did not do but with what the late sec
rotary did do and 10 that | shall address myself in
a manner 10 be understood.
Although the destruction Of the Caroline and the
murder Of Durfee took place at the close of 1897,
and were soon thereafter the subjects Of communi-
cation between the two governments Mcleod the
alleged murderer Of Durfee. was not arrested until
November l2, 1910; and the whole case was not
therefore presented, Units important bearings, until
after that period.
Mr. Van Buren, demanded PREPARATION of the Brit
sh government for the offence; and although he did
nor oo,an a. yet he persisted IN II, and did not like
.ne american Secretary, perfdiously yield to the
| ~ p'iohs OF that overlooking power. All expe-
rehoo mas SHOWN that negotiations between the two
governments proceed slowly, except when pursued
upon inc principle Of equivalents; and besides this
| was subject OF unusual irritation-tho period was
one OF Intense political excitement, and The change
mere, desired oy me BRUSH government was in ex-
pectancy But the demand Of Mr. Van Buren, for
reparation was In force al the close of his term of
| Office, unimpaired and unembanassed by the acts
or admissions Of his administration; and the right TO
demand and have redress for this act Of ndgny had
| been boldly and repeatedly asserted. Mr.. Van
Buren,, too, had maintained the dignity and suprem-
aey ofthe laws. American citizens, who were ar
rested within her Mnjesty's dominions, and convict
ed OF having cooperated in the Instruction expia-
ted Their offence upon the scafold, subjected
/
to Van Dieman's Land. Those who were convicted
within the States Of having been concerned in setting
on 1907 the instruction, were, like common feons
sent to spine in want and dungeons glooms, shut
rom the common air and common use Of their
own limbs"
What, too, was the course of that administration
| touching the bosstful murderer Mcleod who was
arrested az 1t was about drawing to close and az
ter that change which the British government de-
sired had been accomplished
all, l...s. -
4 will be seen that on the 18th of December 1870
Mr.. Fox, the British minister resident at Washing.
ton, IN an official despatch to Mr.. Forsyth, then
SECRETARY OF State, informs him Of the arrest OF Nc
Leod, and proceeds as follows
"Aner tedious and yexaiious examination Mr. McI.oJ
was committed for trial. and he Is now imprisoned in Lock
~ feel il my duty to call upon the government Of the
United States to take prompt enectus steps Tor the lib
Grafton Of Mr. Mcleod Its well known that the destruc
her majs.y service obsyns the order other superior
authorities That act therefore according ussges OF
two national goyerunents II cannot Justly be made tho
ground olegs proceedings in the United agan. the
Individuals concerned who bound obey author
| tiles appointed by their government"
The question, however ofwhether Mr. Mcleod was or
was not concerned In the destruction Of the Caroline IL
beside the purpose Of the present communication
act was the public act Of persons obeyng the constituted
eminent the United state. thought thsmseyss
President dad accordingly address TO her msestys govern
men still. believe pending subject Of diplomatic dis
government
states legation in London. feel therefore justified in
expecting that the Presidents government will see the Jus
lease OF Mr. Mcleod well ofakng such steps as may
he requisite for preventing Others Of her maiesys subjects
rom being persecuted molested In the United States
similar manner for the future"
To this most extraordinary demand, Mr.. For
| syth, on the 18th December, 1910, returned the
| following most patriotic and conclusive answer;
which should be read at length, il for other pur-
pose than TO stand In contrast with the debasing
sentiments 80 soon after promulgated from the same
| Office by another incumbent.
The Jurisdiction Of the several States which constitute
ss s.rs 'phTs Pss RG,
which Mr. Mcleod Is charged was committed within the
New York. and is that clearly within the com.
petency Of her tribunals II does therefore. present
Union the interpretation called for would be proper for
which ia warrant can be found IN the powers With which
stances to which you have referred the you
haved urged, justify the eseron Of such power niex
presents the Of unustifabe Invasion in
peace Of portion Of the territory Of the United States
Canada the forcible capture BY them, within
and the subsequent destruction Of steamboat the
Of American citizens II arrested the time
the offenders might have been brought to
acknow lodged territory these crimes commcd and
heir subsequent voluntary entrance within Tint territory
aware Of any principle Of international law or indeed.
rea,o. q justice which entities such osnders to
arily within their independent and undoubted ursdic-
authorities or because their scts have become The subject
Of diplomatic discussion between the two governments
tenders and the application their government salts
factonare independent Of each other and may be eps
the outrage BY the British might be
ground Of complaint with the of the United
states distinct from the violation OF the territory and laws
men Of the Union to that of Great Britain for the redress
Tic United States. deprive the State q NEW York Of
undoubted right Of through the exercise Of
judicial power the property and lives OF her citizens
On the 29th of the same month, Mr. Fox express
his vast regret and surprise" at the expression
Of Mr.. Forsyth admits that the Caroline was,
when destroyed, "within the territory of friendly
power" but attempts to prove that its destruction,
and the murderous acts attending it, necessary
,cts Of !'sedefenco protests against the positions
| taken by Mr.. Forsyth in his last communication,
| and darky hints at grave and serious conse-
luences." Mr.. Forsyth, two days afterwards,
acknowledges the receipt of this despatch, and
| adds:
Full evidence Of that outrage has been her
srannis majesty % with demand for redress,
| lesire to insist on it."
Thus rested this question at the close of the adj
ninstration of Mr.. Van Duran, and of course was
thus found by the secretary negotiaor.
| But Lord Palmerston was not the only one who
| had had an eye upon, and wished and waited for a
change in the administration of our government.
Mr.. Fox the British minister, on the 18th day Of
March, l841, (being the eighth day of the new ad-
minstration,) addresses Mr.. Secretary Webster a
note, similar in language and sentiment to that
previously addressed to Mr.. Forsyth upon the
same subject, and repeats the demand Of the Brit
ish government for the release of McCoud. On
the 18th of the same month, three days after the
demand the American Secretary (Mr Webster)
addresses communication to Mr.. Crittenden, the
Attorney General, reciting the circumstances, and
containing the following extraordinary and alarming
doctrine:
"A that intended to be said present that since
the attack the Caroline il ayowed national which
may justify eprisals general war the govern
ment Of the United States in the judgment which shall
form Of the transaction and of its duty should fit
to decide yet that raises question entirely public and
politcaa question between independent naonsand that
individuals in cannot be arrested and tried be
fore ordinary tribunals for the violation Of munich
pal law II the attack the Caroline unusfable
this has asserted the law which has been vio
lated the law Of nations and the redress which sto be