No. l3.

DEPARTMENT or STATE,


Wnshington. Nav 10. l81l,
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SR The President has sent me yonr note to
himself, referring to the letter addressed by you
some time previous TO the Secretary of State, and
which was marked ''private."
In consequence Of the receipt Of that note, have
opsned and read the letter addressed to the Secreta-
ryI and, having laid it before Die President, am
Instructed by him to say as follows:


There being no treaty stpuations between this
country and Great Britain the subject, neither of
the governments has ever assumed the power of
making requiston upon the other for the delivery
of fugtives from Justice nor does the President feel
authorized to sanction such proceeding the part
of the State.


The usual course, in the absence Of any de6ni-
tive agreement by treaty. Of which there are many
examples on record has been for the federal govern
ment on application to it by the authorities Of a
State, to address note to the minister, at Wash
ton, of the government into whose territories the
criminal had fed, asking his n,erposton with the
proper authorities Of his country for their aid in
resting and delivering up to the agent, who should
be sent to receive him. the individual whose recove-
ry desired. .t...
This Interpolation has been generally made by
the minister but the authorities applied to have ex-
ercsed discretion which has not been questioned
in regard to granting the request.


By order Of the President note in the usual form
has been addressed to Mr.. Fox, asking his friend.
ly aid in the matter, copy of which have
the honor to inclose you; and will have pleasure
in sending you transcript ofhs reply when it shall
be received. ...,,. .....


have the honor to be, with great respect, &c.


FLETCHER WEBSTER,


Acting Secretary.
His Excellency WILLIAM H. SEWARD, -At.


Governor of the State of New York.