No. 8.
tOnicial and confidential |
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DEPARTMENT OF STATE,


Washington, April l9, lS4l.
SrR: have the pleasure to send you by this
days mail commission as district attorney for the
northern district of New York. Since wrote you
four days ago, have learned from General Scott
that YOU re retained as counsel for Alexander Nc
Leod Although you will appear for him as any
other counsel, and under his own retainer, yet
deem it my duty, since the appointment now an
nounced to you, to communicate to you the views
entertained by this government in regard to Nc
Lcod's case; and for that purpose transm.t the
copy Of an instruction given from this department
to the Attorney General Of the United Sstes on
the 18th March last - s.s ... ... .... - ,.. ..
You are aware that information Of the postpone
ment of the hearing stayed the steps Of the attorney
general at Albany; and that in the ordinary course
of things, it would now be some months before
trial would come on.
We hear that the case has been removed into the
supreme court of the State by the common process,
and that it is intended by Mcteods counsel TO bring
him before that court for the purpose of being dis
charged. .'....
Il is my duty to say to you that the President
wishes TO see an early disposition made Of this mat
ter. az he thinks that McLeod's longer imprison-
ment would be cause of much regret under existing
circumstances. ,i. .... ...,..
suppose there is no doubt that the question Of
his right to be discharged may be raised on the
turn of the habens corpus, well by the principles of
general law as by the statutes of New York, the
ground relied upon not being in contradiction to
ANYTHING in the return. ...
You will consider the transmission of Mr.. Crit
,enden,s instructions as confidential and give them
no publicity and you will please keep this depart
ment advised of every step taken in the case,


l have the honor, &c,


DANL. WEBSTER.


