THE ROARING FORTIES 95 



to their movement. In November, 1840, three 

 years after the burning of the Caroline, Alex 

 ander McLeod, a British subject, was arrested in 

 New York State on a charge of arson and mur 

 der in connection with the affair. Indignation 

 flamed high in Canada and Great Britain at 

 this action, and the authorities at Washington 

 were pressed to release McLeod, whose offence, 

 if any, had been committed as a soldier under 

 orders for which the British Government had 

 assumed responsibility. The situation was most 

 difficult for the American Department of State; 

 for it involved an awkward conflict of jurisdic 

 tion, only too familiar, between the Federal 

 Government and the government of New York 

 State. The latter, backed by a demonstrative 

 popular sentiment, insisted that its courts must 

 enforce its criminal law. The right to do so 

 could not be questioned by the Federal Govern 

 ment, though the latter alone had to confront 

 the threatening demands of Great Britain for 

 the release of McLeod. A way out was found 

 by Daniel Webster, who became secretary of 

 state in March, 1841. He on the one hand 

 moderated the urgency of the British demands 

 and on the other moved all possible influences 

 to insure that McLeod should not be convicted 



