New-York tribune., 1886-08-27
The next startling surprise Of the intermnable
Eastern Question.
sECRETIRY BAYARD'S PRECEDENT.

Secretary Bayard in replying TO MIR. Blame
s,ricurcs on his negotiations with Mexico dis-
closes ignorance that is simply amazing. Inc
Mcleod case. as the sequel TO the burning OF
the Caroline, made a great stir in this Sta'o
forty wears ago, was debated in Congress py
Mr. Webster and his contemporaries, and was
the subiect of important diplomatic correspond
orce between Great Britain and the United
s,a,cs The present head Of the State Depart
p,ent ouebt TO know what were the precise
n,inciples involved in this famous case. But
;f we NAV credit the following passage in an
interview with him published by The New-
York Herald, he is not familiar with the clrcum-
stances under which McLeod's release was de-
manded; ,0c
n does not seem TO offended Mt Webster in lofi'
when he Secretary Of State or the American peop
havs had peremptory made by England for the re-
lease of Mcleod prisoner held by the state OF Ne" io
was not regarded insulting but AS on
nbasznr the which England held the supremacy
Of its own laws try crime committed py one OF i's
,,h,n its own Jurisdiction the contrary MT WeDster
conceded the Justice Of the demand though poweress W
cede 70 H. On the hand. Mexico Denies In an
state paper file in the State Department ana ouA
communicated TO the Secretary the right Oh inc oni'o
10 question the judicial acts OF its COURTS ,o
Mcleod was arrested in November, lS4O
on the charge Of having murdered Durlee whon
the Caroline was captured and destroyed IN
December. 1887, on the American bank OF inc
NIAGARA River. The British Government de-
manded his release on the ground that NC
Ieod in invading American territory and seiz-
ing the vessel obcyed the orders OF the Oanauian
authorities and that he could not oe prosecute.
for public act for which his Government nau
ayowed full responsibility. fres'deho Ha'-
rison's Administration at once admitted thaI Inc
arrest was contrary to the law OF nations anu
that while the capture OF the Caroline In an
American barbor was an act of aggression In
volvino violation of territory, it wass TO use
Mr. Welster's words, "absurd to say that O
soldier who must obey orders or be shot may
still be hanged il he does obey them" The
New York courts declined TO release Mcleod.
and he was tried and acquitted. there beng
no evidence that he fred the shot that killed
Durfee. The Administration had unsuccess-
fully cndcavored TO secure his release. and In
consequence Of its failure an act was passed.
transferring analogous cases involving Ihe
richts of foreign citizens TO the United States
courts.
These were the questions involved in this
famous case. Secretary Bayard ignoranty as
upon having the exclusive right to try Mcleod
for n crime committed within It's own lurlsdic-
ton. The offence in question did not occur
on Canadian soil. The British Government did
not demand McLeods release on the ground
that the New-York courts were prosecuting him
for acts committed beyond their iur1sdio-
ton. The single point raised was that
he was a soldier and had obcyed
orders, and that the British Govern
ment had assumed responsibility for the seiz-
| ure of the Caroline as public act. Secretary
| Bayard in his anxiety to find precedent for
| his own demand for Cuttings release CLOSES
over the essential principles and forces an arll-
| ticia comparison between cases that are wholly
unlike. The Justice Of the requistion for
| McLeod's release was readily conceded by MIR.
Webster as Secretary Of State. If any hcslta-
ton was evinced by the State Department IT
was due TO the arbitrary and peremptory char
| actcr of Mr. Foxs letter. written under instruc-
| tions from Lord Palmerston, some expressions
of which were regarded by Mr.. Webster as dis
courteous and insulting. THIS is the only point
at which Mr.. Bayard's parallel between his own
summons for Cuttings release and the British
| Governments demand 10 the Mcleod case
| holds true.