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1'.' t ffl ii !? .' its rV.-J ?3-f I l! : i , . ' ' ' ' . - " .. - v , -" - - - " T " J Pfi&SNGS,-. Miss. FHIED S", JUL 1 , 241. Wo.- 25. no in nn JV f ! frill; sotT'i:" mx vi.K id. -'I 'a!.i for: e firs' time, iar, ua! forj i t f I '"CI ; i if. . i I EM DjIIars ...rerten line or k,J "r 1 . onnfmimnct. ... V S dni;ie" t, uo. -do t ne nue Aions on Ihem, H be con.ii.ucu u. .-r.-J at U.e alwre rate?. w,.v... I,".mim.-m; candidates urowi-.c - AT ?r Cauntv. ?5; to 1 raid down or assum- - iv " -.' 1 - f 1 !.. nnin) lit hVtl. m busiuess with the o.Sc.r, mil it bo port pan!, to Scrtia,:,!,. ir.rt,.l t the ur.rf o,r' AUercati :H vill L .- chai'scd double ifi reuiii'-'l in alvancf. nJ P - . 4 t .1 r, : t.i'T VO!i:v ,!nnpat tll'n xrt lu'i't i'.,,u ,u " Jr. lux to Mr, Werfsler. Wasiiisptox, March 12,1341. e uaaer.i,'neil, iler B"itan"u: M"J ;iy a ? EitraorJinary and Mini:ev rienipi ii instructed by his Government to rfhe following official communication u 'overr.mcnt ot trie United biales. .rMaitfStv's Government have had u:i- vlr consideration the correspondence j took place at Washington in Decem- ,jt, between the united btalej oecrela Stite. Mr. Forsyth, and the undersifrn- 3nrri-i:i two otniil Jletters fro.n the :ned toir rorsj'in, aaieu uie join r3iii of December' ind two oihciai from Fjrsvth to the uf.'.rsigned, dated the mJ30i!i of the l: a month, upon the ct of the arrest ar. mprisonment of Mr saier McLend.'.f Upper Canada, bv idiorities of the State of New York, .ipretenJed change of arson and mur- With the particulars of the internal com pact which may exist between the several States that compose the Uuici?, foreign Pow ers have nothing to do: the relations of for eign Powers are with the aggregate Union: that Union is to them represented by the Federal Government ; ar.d of that Union the Federal Government is to them the onlv organ. Therefore, when a foreign Power has redress to demand iora wrong done to U by any State of the Union", it is to the Federal Government, and not to the separ ate Slate, that such Power must look for re- IT. a i i ich. he ar.t ro;t t i ' ! nc( f f i to u 4 k U ! i having been engaged in the capture iestructKJii of the steamboat "Caroline' ii'Jih of December, 1SIV7. e uni!orignel is directed in the first to rcnke known to the Government of ai'ed States that Iler Majesty's Gov est entire- approve uf the course pur jy the uuderigned in that corrcspon '.andofthe language adopted by him eoiiicial letters abve mentioned. :i the undersigned is now instructed ; o cietnnutifrom .the Government of .'nited States, iormaliv, m t'ie name of .-itish Government, the immediate re- ifMr. Alexander McLend. ::e crotmds upon which the British Gov- yuiinake thii demand upon the Gov .fi.tofthe Unitd States are these : That -znsatioa on account of which Mi. ilkas-bcpti arrested and is to be put ti- !.!!rialwa5 a transaction of a public icier, planned and executed by persons empouered by Her Majesty's Colonial uf'uies to take any steps and to do any which might be necessary for the de tf Her Majesty's territories, and for miection of Her Majesty's subjects ; Lai consequently 'Jiose subjects of Her sty who engaged in that transaction 1 performing an act of public duty for i the v cauiot be madtr personally and iJaaiiy answerable to the laV3 and t"i--iiofanv foreign, countrv. e transacfon in question ivay bave as Her Majesty's Government arc of ii that it was, ajustifhble employment :ce for tii purpose of defending the 13;it- erntoiv tfom the unprovoked attack of !. of Ut iiisli rebels and American pirates having been permitted to ar n andor ! themselves within the territory of the ii Slates, had actually invaded and oc- in j;d a portion of the territory ofHerMa j j .oritmav have been, as alleged bv Mr. !yth ia his note to the 'undersigned of :h of December, "a most unjustifi ib'e son in time of peace of the territory of suited States. ' But this is a question ,:nai!v of a political and international r. which can be discussed and settled on- 1 which of New ito j no I 3" dress lor that wrong. And such fjreign Power cannot admit the plea that the separ ate State is an independent codycer which the Federal Government has no control It is obvious that such a doctrine, if admitted, would at once go to the dissolution of the Union as far a its relations with foreign, rowers are ro..cc aed ; and that foreign Powers, in such cae, instead of accrediting diplomatic agents to the Federal Govern ment, would send - such agents, not to that Government, but to the Government o! each separate State ; and would make their rela tion of peace and war with each Stale de pend upon the rc5uit of their separate inter course with such Slate, without reference to thf relations thf y might have with the rest. Iler Majesty's Government apprehend that the above is uot the conclusion at. which the Government of the United States intend to arrive ; yet?uch )3 the conclusion to which the arguments that hive been advanced by Mr. Forsyth ni cessarily lead: But be that as it may, Her Majesty's Gov ernment formally demand, upon the grounds already stated, the immediate release of Mr. McLeod ; and Her Majesty's Government entreat the President of the Umted States to take into his most deliberate consideration the serious natute of the consequences which must ensue from a rejecting of this demand. The United Stales Government will per ceive ilnt, in demanding Mr. McLeod's re lease, Iler M ijesty'a Govern ment argua up on the assumption that he was one of the persons engaged ia the capture of the steam boat "Caroline ;" but iler Majesty's Govern ment have the -strongest' reasons for being convinc.d that Mr. McLeod was not in fact engaged in that transaction ; and the under-' signed is hereupon instructed to say that al liiough the circumstance itself makes no dif ference in the political and international question at issue ; and although Iler Majes ty's Government do not demand Mr. Mc Leod's release upon the ground that he- was not concerned in the capture of the "Caro line," but upou the ground that the capture of tiic " Jaroline". was a transaction of a pub lic characer for which the persons engaged in it cannot incur private and personal re sponsibility ; yet the Government of the United States must not disguise from them selves that the fact that Mr. McLeod was not engaged in the transaction must necessa rily tend greatly to inflame that national re-iC-ntment which any harm that shall be suf fered bv Mr. McLeod at the hands of the authorities of the Stale of New York will in- the whole of. the ij'iie. The undersigned, in .addressing the pre sent official communication, by order of his Government, to Mr.. Webstkh, Secretary of Slate of the United States, has the honor to oll'er to him the assurance of his distinguish ed consideration. II. S. FOX. The Hon. Daniel Webster, &c. &c. &c. of Her Majesty's subjects, and that conse quently those subjects of . Her Majesty who engaged in that transaction were performing an act of public duty, for which they can no? be made personally and individually answer able to the laws and tribunals of. any foreign country." The President is not certain that he un derstands preciselv.the meaning intended bv Her Majesty's Government to be conveyed by the foregoing instruction. - This doubt has occasioned with the Presi dent some hesitation, but he inclines to take it for granted that the main purpose of tire instruction was to cause it to be signified to the Government of the United States tnat the attack on the steamboat --Caroline" was an act of public force, done by the British colonial authorities, and fully recognised, by the Queen's Government at home, and .hat consequently Tib individual concerned in thai transaction cm, according to the just princi ple of the laws of nation-, be held personal ly answerable in the ordinary courts of law as for a private ofTenee ; and that upon this avowal of Her Majesty's Government, A'ex ander McLeod, now imprisoned on an in dictment of murder alleged to have been committed in that attack, ought to be releas ed bv such proceedings as are usual and are suitable to the cas President adopts the conclusion that '1 1 j nf noihi-ig more than this could have been in- j ment of Her Majesty will perceive the im portance of no longer leaving the Govern ment of the United States uninformed of its views and intentions upon a subject whicl has naturally produced much exasperation, and which has led to such grave consequenc es." The communication of the fact that the destruction of the "Caroline" was an act of Dublic force by the British authorities being formally made to the Government of the United States by Mr. Fox's note, the case assumes a decided aspect. The Government of the United States en tertains no doubt that, after this avowal of the transaction as a public transaction, au thorized and undertaken by the British au thorities, individuals concerned in it ought not, by the principles of public law and the general usdga of oivjliaed States. to"t7er hold en personally responsible in the ordinary tri bunals of law for their participation in it. And the President presumes that it can hard ly be necessary to say that the American People, not distrustful of their ability to re-dre-s public wrongs by public means", cannot desire the punishment of individuals when the act complained of is declared to have been an act of the Government itself. csoon aner tneaate ot xUr. r ox's note, an instruction was given to the Attorney Gen eral of the United States from this Depart ment, by direction of the President, which fa'.iiblv excite ihrouhout li.iti-h iv tended t-r be. expressed, from the considera- lu'ly sets forth the opinions of this Govern tion that Her Majesty's Government must ment on the subject of Mr. McLeod's impris be fully aware that in the United States, as onment, a copy of which instruction the un in England, persons confined under judicial dersigned has the honor herewith to enclose, process can be released from that confine- The incfictment against McLeod is pend ment only by judicial process. In neither ing in a State court ; but his rights, what eountry, as the undersigned supposes, can the evei they may be, are no less safe, it is to be arm of the Executiqe power interfere, direct- presumed, than if he were holded to answer ly or forcibly to releise or deliver the pri- mone of the courts of this Governmen. . soner. His discharge must be sought in a He demands immunity from personal re manner conformable to the principled of law spbnsibility by virtue of the law of nations, and the proceedings of courts of judicature, and that law, in civilized States, is to be re- Ifan indictment, like that which has been spectcd in all courts. None is cither so high found against Alex. McLeod, and . under cir- or'so low as to escape from its authority in enmstances like those which belong to his cases to which its rules and principles ap- case, were pending against an individual in ply. o.ie ot the courts ot Jbnjland, tnerelis no 1 his Department has been regularly in- doubt that the law officer of the Crown formed, by his excellency the Governor of might enter a nolle prosequi, or that the pris- the State of New York, that the Chief Jus O'ler mi;-ht cause himelf to be brought up tice of that State was assigned to preddc at on habeas corpus and discharged, if his ground the hearing and trial of iHT let '.V t. ',; V f.- i-y. 3 ' c 1 I flween the two Governnients,nm I'ourts of iustice of lbs State cannot by possibility have any means -gmg or any ritrht of deciding. ' ,lould be contrary to the universal prac-. wmzea nations to nx inuiviauat re jbility upon persons who, with the sanc .rky the orders of the constituted au .esofaState, engaged in military or y enterprises in their country.s: cause : rj is obvious thatthe introduction of such J'-sapIe would aggravate beyond measure eries, and would frightfully increase ; faoraliziug effects ot war, by mixing national exasperation the ferocity of passions, and the cruelly and bit- of individual re venge. Majesty's Government cannot believe Government of the United Stales intend to set an example so fraught rJT'lto the community of nations, and Ct tenHpnrv nf whirli miKt hi? tO Jckinto the practice of modern, war w men civilization ana unusuanuy ;?PS sifice banished. -; - - : - -- :-heican her Majesty's Government ; a moment tne vatiaity oi ins uuc riced by Mr. Forsyth, that the Fed .;ernment of the United States has "er to interfere in the matter in ques- d that the 'decision' thereof must rest N entirely with the State of New Mr. Webster to Mr.Fuxr , Department of State, Washington, April ZA, ISil. The undersigned, Secretary of State of the United States, nas the honor to inform Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Ht-r Britannic Majesty, that his note ot the lXJih of March was re ceived and laid before the President. Circumstances, well known to Mr. FoS, have necessarily delayed, fjr some days, the iconsideration of that note. The undersigned has the honor now to say that it has been fully considered, and that he has been directed by the President ta address to Mr. Fox the following reply : ' Mr. Fox informs the Government of the United States that he is instructed to make known to it that the Government of Her Majesty entirely approve the course pursued by him in his correspondence with Mr. For syth in December last; and the . language a dopted by him on that occasion ; and that that Government have instructed him "again to demand from t leGovernment of the Unit ed Stales, formally, in the name of the Br t ish Govermxent, the immediate release of Mr. Alexander McLe d ," that -the grounds upon which the British Government make this demand upon the Government of the United States are these: That, the transac tion on account of .which Mr. McLeod has been arrested and is to be put upon hi trial was. a transaction of a! public character, planned and executed by persons duly em po w e r e d by Her M a j e s ty s colo nial au tho ri ties to take anv steps or do any acts which miht be necessary for the. defence of -Her Maiestvs territories, and lor the protection McLeod's case, but oruischart-e s hou d be adiudged suhicient. that, owing to some error or mistaue m me or that he might Drove the sama facts, and orocess of summoning the iury, the hearing exemption on was necessarily deferred. his trial." The President regrets this occurrence, . as Ail -ihcw'-rrfe hil modes . of. prr.ceding, he has a dire for the speedy disposition of well known to the laws and piiictice of both the subje i" rtie conn.erfor McLood have countries. But the undersigned does nol requested authentic evidence ot the avowal suppose that, if such a case were to arise in by the British Government of the attack on, England, the power of the Executive Gov- and destruction of the "Caroline," as acts ernment could be exerted in any direct man- done under its authority, and such evidence ner. iven in the case of Ambassadois and will be furnished to them bv this Depart- olher public Ministers, whoso right to ex- ment. . emption from arrest is personal, reuuiring no It is understood that the indictment has . . . . o . . . tact to be ascertained but lue mere fact ol been removed into the bupreme uourt ot the diplomatic character, and to arrest whom is Slate by the proper proceeding for that pur- sometimes made a hignlv nonai olience. il pose, and tnat it is now competent for ilc . . - -. . . . i : . . . . . . . the arrest be actually ma le, it must be dis- Leod, bv the ordmarv process o! Uaoas cor- cliarged by application to the courts of hwApus, to bring hi case for hearing before that it is understood that Alexander iUclvod is tribunal holden as we on civil as on criminal nrocess a he undersigned hard v needs to assure far ads alleged to have b?en done bv him i i Mr. Fox that a tribunal so eminently dis llit atlack on the "Caroline." and his defence tino-nUhed for ability and learniug as the Su- or ground of acquittal must be the same in preme Court of the State of New York may both cases. And ihis strongly illustrates, as be safely relied upon lor tnejusi ana impar ihe undersigned conceives, the propriety o' tial administration of the law in this as well the foregoing observations ; since it is quite as in other cases ; and the undersigned re- clear that the Executive Government can- peats the expression of the desire of this . - . r . ' ! .... I . I t L ..r I not mienere to arrest a civil sun between Government mat. no aeiay nwy ue uneicu private parties in anv stage of its progress, to take place in these proceedings which can but that such suit must go on to its regular judicial termination. If. therefore, any course difieient from such as have been now uientionedjwas in contemplation of Her Ma- j's'ys Government, something would seem lo have been expected from tiie Government ol the united bfatrs as little conformable to! the laws and usages of the English Govern ment as to those of the United States, and to wuich this Government cannot accede. be avoided. Of this desire, Mr.rox will see pvidonce in the instructions above referred to. The undersigned has now to signify to Mr Fox that the Government oi tne umica States has not changed the opinion which it has heretofore expressed to the Queens f the character oi the act of destroving the "Caroline." It does not think that the transaction can The Government of the United States, be iustified bv any reasonable application or tflArAr-ro itinr ti tnn tKa nrnciitrintlnil wnin I t-i i rr iKo rtfrl'lt :iT SP.l f-tltftn f.( till- it already adopted, that nothing extraordina- der the laws of nation?. It is admitted that ry or unusual was expected or requested of a just right of self-defence attaches always Vj decided, on the reception of Mr. Fox's to nations, as well as to individuals, and is note, to take such measures as the occasion equally necessary for the preservation of both. rind iis own Hutvr -mnonrpH tr rnniiirp. lint ihf pxtpnt of thi3 right is a queslion lo !n liis notfi tn Mr. Pnt nf lh Qfilh of Da- 1 ln indTPff of bv the circumstances oi each cember last, Mr. Forsyth, the Secretary of i.articular case"; and when its alleged exer State of the United States; observes, that "if cise has led to the commission of hostile acts .1 1 . e . I I I -. .i. m. a t n I r nnf" or rn rr me aesirucnon oi tne uaro une was a puu- witnin tne territory ui u k lie act of nersons in' her Maiestv's service, nothing less than a clear and absolute neces- ,,hAi-iniT Ihp ! nrHof nf tholr ciuwtinr nuthnri- c'ttr m rifTrird "round 01 1 USllufatlOn. iOt ""-.'"o ""r ; o . , - . . ties, this fact has not been before communi- having, uo to this time, baea made acquaint- cated to the Government of the UnUed States Ud with the views and reasons, at length, hi; a npr'nn nnthiri-7pd tit m: L-p thp ndmis- Wh'-.h hnvp. lftd her Maiesty's Government l. -ill . t . I' l l I i - .1 I . i . t iSia -Va! q" einn .inn ir win ha nr h p.inri w i pn ns tn ninic inn iesrui;nun ui m& vani-w taken cognizance of the offence with which insiifiable as an act ot self detence, the under Mr. McLeod is charged, to decide upon its skmed. earnestly renewing uie remans irauue va iditv when legally established betore it :" ot th-s. Government against tne nansaction, .ind aAA. 'The Prs Hpnt deems this to bea hlnt..in. for tne present, trom any exdend- niooer occasion to remind the Government ed discussion of the question. But it is deem of Her Biilanic Maiestv that the case of the ed proper, nevertheless, not to omit to take Caroline has been long since brougnt to the some notice ot tne general grounas oi jusu- attention of Her Majesty's principal- Secre-' ficalion stated by her Majesty s Government fnrv id State lor f oreign Attairs. Who, up to m their instruction io .ui. x ui. this day, has not -communicated its- decision : The Queen's Government have instructed thereupon. 'It is. hoped .that the Govern. Mr. Fox tosaylhat ihcyare of opinion that - . - the transaction which terminated in the de struction of the Caroline was a justifiable employment of force, for the purpose of de fending the British territory from the unr provoked attack qfa band of British "rebels and Ameiican pirates, who,havmg been "per mitfed" to arm and organize themselves with in the territory of the United Slates, had ac tually invaded a portion of the territory of IL r Majes!y. - ' The President cannot suppose that the British Government, by the use of thess terms, meant to be understood as intimating that those acts, violating the laws of the. United States, and disturbing the peace of British territories, were done under any de gree of countenance from this Government, or were regarded by it with Indifference ; or. that.under the circumstances .of the . case, they could have been prevented by the or dinary course of proceeding. Although ho regrets that, by using the term "permitted," a possible inference "of that kind might be raised, yet such an inference, the President is -willing to beliere, would be quite unjust to the intentions of the British Government. That on a line of frontier such as separate the United States from Her -Britannic Ma jesty'cf-Norlh American 'Province a line long enough to divide the whole of Europe into halves irregularities, violences, and conflicts should sometimes occur, equally against the will of both Governments, it cer tainly easily lo be supposed. This may be more possible, perhaps, in regard to the Uni ted Slates, without any reproach to their Government, since their institutions entirely discourage the keeping up of la'rgo standing armies in time of peace, and their situation happily exempts them from the necessity of maintaining such expensive and dangerous, establishments. Ail that can be expected from either Government in these cases is good faith, a sincere desire to preserve peace and do justice, the use of all proper means of , prevention, and that, if oftences cannot, nev ertheless; be always prevented, the offend ers shall stillb:t iustlv punished. In all these respects, this Government acknowledges no delinquency in the performance of its duties. Her Majesty's government are pleased, also, to speak of thoje American citizens who t .ok part with persons in Canada,cngaged in an insurrection against the liritish Govern ment, as "American pirates." The under signed does, not admit the propriety or jus tice of this designation. It citizms of the' United States fitted out, or were engaged in fitting out, a military expedition from the United States intended to act against th British Government in Canada, they were clearly violating the laws of their country, and exposing themselves to the just conse quences which might be inflicted on them if taken within ihe British dominions. But, notwithstanding this, they were, .certainly, not pirates, nor does the undersigned think that it can advance the purpose of fair and friendly discussion, or hasten tho accommo dation of national difficulties, so to denomi nate them. Their offence, whatever it was, had no analogy to cases of piracy. Suppos ing ail that is alleged against them to bo true, , they were taking a part in what they regard as a civil war, and they were taking a pu t on the side of the rebels. Surely, England herself has not regarded persons thus en gaged as deserving the appellation which tho Queen's Government bestows on these citi zens of the United States. It is quite notorious that, for the greater part of the last two centuries, the subject of British Crown have been permitted to engnge. in foreign wars, both -national and civil, and in the latter, in every stage of Jtheir pro gress; and yet it has not been imagined that England has at any. time allowed her subjects to turn pirates, indeed, in our own times, not "only have individual subjects of that Crown gone abroad to engage in civil wars, but we have seen whole regiments openly recruited; embodied, armed, and , disciplined in England, with the avowed purpose of aid ing a rebellion against a nation with which England was at peace; although it is true that, subsequently, an act of Parliament was passed to prevent transactions so nearly ap proaching to public war, without license from t'.e Crown. , . . It may bo 'said that there is a difference between the case of a civil war, arising from a disputed succession, or a protracted revolt of a colony against the mother country, and the case of a fresh outbreak,at the commence ment of a rebellion. The undersigned does not deny that such distinction may, for cer tain purposes, be deemed well founded, fie admits that a Government, called upon to consider its own rights, interests, and duties, when civil wars break out in other countries, may decide on all the ctrcumitances of the particular case, upon its own existing stipu lations, on probable result?, on what its own security requires, and on many other consid erations. It may be already bound to assist one party, or it may become bound, if it so chooses, to assist the other, and to meet tha. consequences of such assistance, . But whether, the revolt be rcce.it or long continued, they who join those concerned in it, whatever may be their offence against i . 1 r