[Daniel Webster by Henry Cabot Lodge]@TWC D-Link bookDaniel Webster CHAPTER VIII 13/32
He then replied to the British minister that McLeod could, of course, be released only by judicial process, but he also informed Mr.Fox of the steps which had been taken by the administration to assure the prisoner a complete defence based on the avowal of the British government that the attack on the Caroline was a public act.
This threw the responsibility for McLeod, and for consequent peace or war, where it belonged, on the New York authorities, who seemed, however, but little inclined to assist the general government.
McLeod came before the Supreme Court of New York in July, on a writ of _habeas corpus_, but they refused to release him on the grounds set forth in Mr.Webster's instructions to the Attorney-General, and he was remanded for trial in October, which was highly embarrassing to our government, as it kept this dangerous affair open. But this and all other embarrassments to the Secretary of State sank into insignificance beside those caused him by the troubles in his own political party.
Between the time of the instructions to the Attorney-General and that of the letter to Mr.Fox, President Harrison died, after only a month of office.
Mr.Tyler, of whose views but little was known, at once succeeded, and made no change in the cabinet of his predecessor.
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