The daily union., 1846-04-29

either 10 rescue him by persons from Canada, or 4
use violence towards him by persons on our side,
When we shall have received the formal recogni
ton, by the English government, OF the act 10
which Mcleod is privately prosecuted, as an act o
public force, done under It's authority, ] shall hay
occasion to write 70 you again. and shall make an,
further answer TO your letter which may appea
necessary The main object Of this is TO press III
high importance Of guarding Mcleod from all pos
sible danger. Consequences Of the most serious ma
ture might follow IL he should become the subjec
Of popular violence, either by his friends or hi
foes.
Ipray you to speak to Mr.. Fillmore, if in Alba
ny, and explain TO him how this letter comes to b
addressed directly 10 you instead Of himself W
have the honor TO be, with great regard, yours,
.-... ..4I..... DANL. WEBSTER
Hon. JOHE c. SPENCER, Albany.
No, s.. .......
DEPARTMENT OF SrArs.
Washington, March Is, l64l.
SIR: Alexander Mcleod, Canadian subject o
her Britannia Majesty, is now imprisoned Al Lock
port, in the State Of New York, under an indict
ment for murder alleged 10 have been committed BY
him in the attack on, and destruction Of, the steam
boat Caroline at Scblosser, in that State, on The
night Of the 29th December, 1887; and his trial !,
expected to take place at Lockport on the 22d inst
took place between Mr.. Forsyth, late Secretary Of
State, and Mr. Fox, her Britannia MajestyIs min
ister here, on this subject, 10 December last.
In his note TO Mr.. Fox OF the 26,h Of that month,
Mr.. Forsyth ssyS: "Jftho destruction OF the Caro-
line was public act Of persons in her Majesty .
service obeying the order OF their superior auhori-
ties this fact has not been before communicated To
the government Of the United States by a person
authorized to make the admission, and it will be for
lbe court, which has taken cognIzance Of the offence
with which Mr.. Mcleod Is charged, TO decide upon
its validity when legally established before it.
"The President deems this to be proper occa-
sion TO remind the government OF her Britannia
Maesty that the case Of the 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 its de-
cision thereupon. Il is hoped that the government
Of her Majesty viii perceive the importance Of no
longer leaving the government Of the United States
uniformed OF its views and intentions upon sub
iect which has naturally produced much exaspern-
ton, and which has led to such grave conse-
quenees."
have now to inform you that Mr.. Fox has address
ed note TO this department under date Of the 18th
instant, in which, under the immediate instruction
and direction Of his government, he demands, for
mally and officially, Mcl,eod immediate release
on the ground that the transaction, on account OF
which he has been arrested and Ia TO be put upon
his trial. was Of public character, planned and ex-
ecnted by persons duly empowered by her Majes-
tys colonial authorities to take any steps, and to do
any acts, which might be necessary for the defence
of her Majestys territories and for the protection Of
her Msjesty's subjects; and that, consequently
those subjects of her Majesty who engaged in that
transaction were performing an act Of public duty,
for which they cannot be made personally and midi
viduay answerable to the laws and tribunals Of any
foreign country; and that her Majestys government
has further directed Mr. Fox to make known to the
government of the United States that her Majesty's
government entirely approve of the course pursued
by Mr.. Fox, and the language adopted by him in
the correspondence above mentioned ....
There is therefore, now, an authentic declaration
on the part Of the British government that the at
tack on the Caroline was an act ofpublic force,
done by military men under the orders of their
superiors, and is recognised as such by the
queens government. The importance Of this dec
laration is not to be doubted, and the President
is of opinion that it calls upon him for the per-
forming part Of public force, and scting. under
the authority of his government, is not to be held
private trespasser or malefac.
tor, is principle Of public law sanctioned by the
usages Of all civilized nations, and which the
government Of the United States has no inclina-
ton to dispute. This has no connexion whatever
with the question whether in this case the attack
think it, a iustfable employment of force for the
purpose Of defending the British territory from
provoked attack, or whether it was most unjusti-
fable invasion, in time OF peace, of the territory Of
the United States, as this government has regard
ed it. The two questions are essentially different;
and, while aeknow wledging that an individual may
claim immunity from the consequences Of acts done
by him, by showing that he acted under national
this government is not to be understood
as changing the opinions which il has heretofore ex-
pressed in regard to the real nature Of the ransac
ton which resulted in the destruction of the Caro-
line That subject it is not necessary, for any pur-
pose connected with this communication, to dis
cuss The views Of this government in relation to
it are known to that of England; and we are expect
ing the answer Of that government to the commu-
nication which has been made to it.
All that is intended to be said at present is, that
since the attack on the Caroline is avowed as ma
tiona act, which may justify reprisals even gen.
eral war; if the government Of the United States in
the Judgment which it shall form of the transaction
and ofits own duty, should see fit so to decide, yet
that it raises question entirely public and political
a question between Independent nations-and that
individuals concerned in it cannot be arrested and
tried before the ordinary tribunals as for the viola
tion of municipal law. If the attack on the Caroline
was unjustifable as this government has asserted,
the law which has been violated is the law ofnaons,
and the redress which is to be sought is the redress
authorized in such cases by the provisions Of that
code. n.l. ".nr 80
You are well aware that the President has no
power to arrest the proceed ngs in the civil and
criminal courts Of the State Of New York. II this
indictment were pending in one of the courts Of the
United States, am directed to say that the Presi-
dent, upon the receipt Of Mr.. Fox's last commun-
cation, would have Immediately directed noiis pros
sq,d to be entered
Whether, In this case, the governor of New York
have that power, or, If he have, whether he would
feel it his duty to exercise it, points upon which
we are not informed. -.-
II is understood that Mcleod is holden also on
civil process, sued out against him by the owner OF
the Caroline We suppose it very clear that the ex-
ecutiye of the State cannot interfere with such pro-
cess; and indeed, IL such process were pending IN
the courts of the United States, the President could
not arrest it. In such and many analogous cases,
the party prosecuted or sued must avail himself Of
his exemption or defence by judicial proceedings
either in the court into which he is called or in some
other COURT but, whether the process be criminal or
civil the fact Of having acted under public authorl-
tv and in obedience TO the orders of lawful superb
ora must be regarded as valid defence: otherwise,
would be holden responsible for injuries
resulting for the acts of government, and even from
the operations OF public war. .-5..
You will be furnished with copy ofthis instruc.
NJ u