position that the seizure of the
_Caroline_ was a justifiable act of self-defense against people whom
their own government either could not or would not control.

The demands of the United States were still unredressed when in 1840 a
Canadian named Alexander McLeod made the boast in a tavern on the
American side that he had slain Durfee. He was taken at his word,
examined before a magistrate, and committed to jail in Lockport.
McLeod's arrest created great excitement on both sides of the border.
The British minister at Washington called upon the Government of the
United States "to take prompt and effectual steps for the liberation of
Mr. McLeod." Secretary of State Forsyth replied that the offense with
which McLeod was charged had been committed within the State of New
York; that the jurisdiction of each State of the United States was,
within its proper sphere, perfectly independent of the Federal
Government; that the latter could not interfere. The date set for the
trial of McLeod was the fourth Monday in March, 1841. Van Buren's term
ended and Harrison's began on the 4th of March, and Webster became
Secretary of State. The British minister was given instructions by his
government to demand the immediate release of McLeod. This demand was
made, he said, because the attack on the _Caroline_ was an act of a
public character; because it was a justifiable use of force for the
defense of British territory against unprovoked attack by "British
rebels and American pirates"; because it was contrary to the principles
of civilized nations to hold individuals responsible for acts done by
order of the constituted authorities of the State; and because Her
Majesty's government could not admit the doctrine that the Federal
Government had no power to interfere and that the decision must rest
with the State of New York. The relations of foreign powers were with
the Federal Government. To admit that the Federal Government had no
control over a State would lead to the dissolution of the Union so far
as foreign powers were concerned, and to the accrediting of foreign
diplomatic agents, not to the Federal Government, but to each separate
State. Webster received the note quietly and sent the attorney-general
to Lockport to see that McLeod had competent counsel. After
considerable delay, during which Webster replied to the main arguments
of the British note, McLeod was acquitted and released.

In the midst of the dispute over the