The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-05
Mixed C0mmlsslOn nor the Settlement OF
Angl0r American Claims.

CASES OF NH. ALEXANDER M'LEoD, MR.. HoLFoRD,
MEssRs. MILLER AND MACINTOSH, AND THE GREAT
WESTERN STEAM PACKET COMPANY.
The umpire and commissioners held q meeting on the
18th December at the Office of the commission, No.
Lancaster place. London.
Mr.. Hannah appeared TO support the claim OF Mr..
Alexander MLeod against the United States government
for compensation for oss injury and personal suffering
% and o
murder Snd arson in the United States in 1887 The
name OF Mr.. MLeod must be familiar to them all.
critical discussion had ensued between the two govern
ments the subject, and the Importance of the at
the time could not be magnifed Fortunately, though
Mr. MLeod suffered grevous injuries he was relieved
from the impending danger Of being convicted and pos
sibly executed on the charge that was made against
him. and therefore the great anxiety which existed on
say in the United States relieved. Now, when the
angry passions which the transaction excited had SUBJ
sded they would be able to look back calmly to the
events of those days matters of history and to the
commits soners and umpire confided the important
trust Of determining what the amount of the
pensaton due to Mr.. MLeod for the injuries he had re-
ceived in violation of the international law and the
From the month Of june 1887 TO the end OF that
year, instruction Of serious kind was raging in
Canada, and great number of persons in the United
States sympathzed with the who had raised the
standard Of revolt against her Majestys government
and under the name Of sympathizers gave them such
assistance they could They went so far as to pos
themselves Of large quantity Of arms which they
took violently from the State arsenal and joined the
rebels to take possessonof Navy sland-a place within
the don nons Of her Majesty vessel called the Caro-
line employed by them in carrying persons from the
American shore to Navy Island; in taking there NUM-
tons Of and in rendering assistance to the rebels
and sympathzers upon that island He should observe
that those trips to Navy Island would, under any cir
was not licensed for such trips The officer in Coz
Of the British forces on frontier at the time
was Colonel and By his directions the Caroline
One Of the persons beard killed in the fray, and
the vessel set fire and allowed to drift over the
his hearty approval Of the act and that approx
al having be conveyed to Col McNab was communicat
ed by him to the troops On the facts being made known
s,y and INVASION q the territory e re- United
Washington, informed the United States government
that the attack the Caroline had met with the ap-
ton then demanded Of her Maestys government in
London Nothing further done in regard to the at
tack the Caroline until the month of September l840
and in that month Mr.. Mcleod, who had filed the
sponsibe Office of deputy sheriff of the Niagara district
of Upper Canada having business in the United States,
proceeded there and about to return to his home
when he was arrested on charge Of having been
engaged in the attack the Caroline. He Immediately
denied all participation in the act by affidavit and hsv
ing been examined before magistrate and detained
short time It turned out that he had been indicted by
the name Of Angus" instead Of by the name Of Alex
ander and thereupon he discharged He had stated
upon oath that he not engaged in the matter and
notorious that he had not He had hoped the
matter at rest and acting unfortunately upon the
expectation that the matter entirely dropped, he
returned in November following to the United States for
ont Of his employment in the office of deputy sheriff
He the poiat of stepping board the steamboat
to return to Canada, when, the 18th November he
again arrested on the same charge and taken to
Lockport jail, where he examined before a magis
trate He Immediately gave information to the Canadian
government of his arrest and the Canadian government
transmitted that information to Mr. Fox who receipt
OF It, addressed letter to Mr. Forsythe, whereby he
called the of the Tn ted States to take
prompt and efectual steps for the liberation of Mr..
Mcleod It being well known that the de ructon of the
Caroline was public act of persons in her Majestys
-, lar,a ~ @1a nr fha;,
officers and therefore, according to the of nations
could only be subject for discussion between the two
behei Mr. Mcleod was not one OF the persons engaged
in the destruction of the Caroline Mr. Forsythe, the
26h Of December answered that letter. and distinctly
refused the application denying the principle of public
law tht Mr. Fox had stated and asserting that not
outstanding the act was executed under the direction
of the Canadian authorities the United States govern
ment entitled TO hold Mr.. Mcleod personally
sponsble for acts alleged to be done by him. though
such acts done by him they performed by the
direction Of bis superiors On the 9th February 1S4l
Lord Pamerston expressed his approval to Mr. Fox of
the part he had TAKEN urged him insist upon the
release Of Mr. McLecd but Mr. Forsythe and the govern
ment he represented persisted in their refusal and Mr.
Mcleod remained in prison. A change in the admins
aon took place at Washington in the month of March,
1S4l and Mr. Webster became Secretary of State under
the new government. General Harrison being the
President. On the 18th of March, Mr. Fox deemed It
proper to his application TO the United States
government, and to require upon the ground
he had before DONE that Mr. Mcleod should be set at
liberty. Mr. Webster from his experience and extend
ed knowledge Of international law, put construction
upon the law quite different from that which put
upon it by MIR. Forsythe. He informed Mr.. Fox that
the opinion Of himself and his government the posi-
ton of Mr. Forsythe could not be maintained, and
that Mr.. Mel I'D could be Justly held personally
responsible for acts that had been done BIZ order Of
the British authorities and the responsibility for
which the British government had taken upon itself lie
Mt issued instructions to the Attorney General of
the United States 10 take such steps might be
sary for the release of Nc Mcleod the ground that
an individual forming part OF public force, and acting
under the authority Of his government was not 10 be
held answerabe as private trespasser malefactor
He further observed that the President the Attorney
General was aware had power TO arrest proceedings
in the Supreme Court Of New York but If the
pending in any Of the district courts OF the United States
he would have directed nolie prosequ to be issued
The Attorney General acting upon the instructions he
had received proceeded to Albany, where applca lion
had been made the Supreme Court of the state of New
York for the discharge of Mr.. MLeod hdbas corpus
Evidence there given OF the fact that the act with
which Mr. M leod was charged public act done by
the parties who committed it by order of their legal
perors but Mr. Justice Cowan held that he could not
upon that application for hobeas corpus discharge
prisoner. In giving his Judgment he expressly stated
that he determining Il upon principles of law which
he bound TO OBSERVE but the question to whether
the prisoner ought TO be released Tor the
tive to determine, and not for him In consequence Of
this decision, Mr. M'Ieod remained in prison untii the
month of October, and after very heightened invest
CATION extending epht days he acquitted from
utter failure Of evidence the prosecutors being unable
to show that he present at the destruction OF the
Caroline. II appeared that he confined for a period
of nearly twelve months in prison. that he was brought
to trial upon charge that put his life in jeopardy;
and that in defiance OF the express statement of the
international law applicable to the which had
been made by the representative of the United States
government TO her Majesty's government there was
satisfactory reply to their remonstrances the sub
ject The immediate safety Of Mr. MIeod having been
secured, Mr.. Fox instructed BY Lord Aberdeen to
proceed with the further discussions the subject In
such manner as would be least incon venient TO the
United States Thus matters stood until the convention
was entered into aud nothing having been done by the
United states government to repair the injury done to
Mt. MIeod, tribunal was afforded by the convention
before which Mr. MLeods claim for compensation could
be brought for injury he had suffered by the violation Of
the international law The only excuse that had been
suggested was, that L. the pending in the Uni
ted states court noie rosequi would be entered and
therefore that the Of the United States did
all they could to afford relief but the pend
ing In the Supreme Court of the State OF New York It
impossible for the federal government TO interfere.
That was no answer TO the charge the English govern
ment had relations with the State OF New York IL
pecuded by the constitution Of the United States