Note 12 — Chapter X

[This refers to the case of one M’Leod, who had been engaged as a member of the Colonial forces in repelling the attack made upon Canada from United States territory, and who had consequently acted as an agent of the British Government. But M’Leod was arrested at New York in 1841 upon a charge of the murder of one Durfee, who was killed during the capture of the ‘Caroline.’ The American authorities refused to give him up on the demand of the British Minister, who alleged that M’Leod’s deed was a legitimate act, done in obedience to his superior officers. He was tried, and fortunately acquitted; but Mr. Webster, the American Secretary of State, subsequently admitted that individuals concerned in a public transaction under the orders of their Government could not be held responsible to the ordinary tribunals of law for their participation in it. See Halleck’s International Law, vol. i., p. 430; and Hale’s International Law, p. 261.]