The difficulty in regard to McLeod was the most pressing, and so to that he
gave his immediate attention. His first step was to instruct the
Attorney-General to proceed to Lockport, where McLeod was imprisoned, and
communicate with the counsel for the defence, furnishing them with
authentic information that the destruction of the Caroline was a public
act, and that therefore McLeod could not be held responsible. He then
replied to the British minister that McLeod could, of course, be released
only by judicial process, but he also informed Mr. Fox of the steps which
had been taken by the administration to assure the prisoner a complete
defence based on the avowal of the British government that the attack on
the Caroline was a public act. This threw the responsibility for McLeod,
and for consequent peace or war, where it belonged, on the New York
authorities, who seemed, however, but little inclined to assist the general
government. McLeod came before the Supreme Court of New York in July, on a
writ of _habeas corpus_, but they refused to release him on the grounds set
forth in Mr.
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