No. l6.

DEPARTMENT OF STATE,
Washington, August 6, ls41,
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JOSHUA A. SPENCER, esq.,, District Attorney:


The governor Of New York has communicated to
this department report made to him by the attor-
ney general Of that State communicating the decis-
ion Of the supreme court of New York upon the APP
plication of Alexander Mcleod to be discharged
from Imprisonment. ,. '.....-s,... ....'...


Entertaining the highest respect for the learning
and ability of the court the President cannot, ney.
ertheess, but feel the deepest regret that in ques.
ton growing out of the foreign relations of the
country, and one which may very seriously af-
feet the national peace, its decision is directly
opposed to the opinions which this government en-
tertains, and has officially expressed. But, as the
question is Judicial one, and must ultimately be
decided by the courts Of law, this government can
do no more than to that It be carried regularly
TO the tribunals Of the last resort. Nor will it's
sense Of the duty which il owes to the country suf
fer It to do less. Thus far have had no occasion
to correspond with you officially upon the subject,
except in regard to the furnishing evidence from this
department. supposed by the prisoners counsel to
be proper and useful for his defence But the Presi-
dent thinks the time has when its proper thst
you should be written district attorney Of the
United States, to the end that you may make the
following communication 70 Alexander Mcleod,
your client, viz that the President of the United
States wishes him to decide for himself whether
he will put himself on trial before the Jury, OF