The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-12-14
MESSAGE.
e To tho Senate and House of Representatives
Of the United States:

y
The People have charged us, severally, we find
great occasion to rejoice in the general prosper.
~ of the country. We are in the ENJOYMENT OF all
the blessings o. civil and religious liberty, with un-
exampled means of education, knowledge and IN.
provcmont. Through the ears which is now
drawing 10 close, peace has been in our borders,
and plenty in habitatipns; and although disease
has visited some few portions OF our land with dis
tress and mortality, yet in general the health OF
the people has been preserved, and we are called
upon, by The highest obligations al duty, to renew
our thanks and our devotion to our Heavenly Pa
rent who has continued 10 vouchsaie the eminent
blessings which surround us, aud who has so sig
nally crowned the year with his goodness. IL we
find ourselves increasing, beyond example,in mum.
bers, in strength, in wealth, i'll knowledge in eve
ry thing which promotes human and social happI-
ness, let us ever remember dependence, for all
these, the protection and mercitul djspensauons
OF Divine Providence.
Since your last adjournment, Alexander Mcleod,
a British subject, who was indicted for the murder
of an American citizen, ard whose case has been
the subject of q correspondence heretofore cnmmu.
ncated to you, has been acquitted by the verdict
impartial and teiligent jury, and has, under
the Judgment of the Court, been regularly dischar.
ged
Great Britain having made known to this gov
eminent that the expedition which was fitted out
from Canada for the destruction Of the steamboat
Caroline, in the winter 1897, and which resulted
in the destruction of said boat, AND ~ the death "i
an American riliZen, undertaken by oiders
emanatiug from The authorities Of the British Gov
eminent in Canada, and demanding the discbarg"
of Mcleod upon the ground that, If engaged
in that expedition, he did but fulfil The orders
OF his government, has thus been answered
in the only - ~ which she could be answered
BY a Cover nent, the powers of which ds,r-
buted among its several departments by the iunda-
mental law. Happily for the people of Great
Britain, as well as those OF the United States, The
only mode by which AN individual, arragEed for a
criminal offence, before the Courts of either, can
obtain his discharge, is by the independent action
of the Judiciary and by proceedings equally famil-
lar to the Courts of both countries
IL IN Great Britpn power exists IN the Crown
10 cause 10 be enIered nolle prosequI, which is
not the with the executive power of the Uni
ted States upon prosecution pending in a stale
court; yet there, no more than here, the chief
executive power rescue prisoner from custody
without AN order Of the proper tribunal directing
his discharge The precise state of the proceed
ngs at which such order may he made, is mater
of municipal regulation exclusively, and moi To be
complained ofby any other government. In cases
Of thus kind. government becomes politically res
ponsible only when its tribunals of last resort are
shown to have rendered unjust and Injurious jndg
ments in matters not doubtful. To the establsh~
nent and elucdation of this principle, no natnn
has lent its authority more efficiency than Great
Britain Alexander Mcleod having his option
either to prosecute writ of error from the decision
of the Supreme Court Of New York, which had
been rendered upon his application for n discharge,
10 the Supreme Court of the u. Suites, sub
nit his the decision of jury, preferred the
latter, deeming it the readiest mode of obtaining
his liberation, and the result has fully sustained
the wisdom of his choice.
The manner in which the issne submitted was
4Jies va! satisfy the English Government that the
principle of justice will never fail to govern the
enlightened decision of an American tribunal
cannot fail, however, suggest to Congress the
propriety, and, in some degree, the necessity, of
making such provisions by law, far they may
do 90, for the removal at their commence ment and
at the option of the party, of all such may
hereafter arise, and which may involve the faithful
observance and executions Of our international OBJ
t,.ro (rpYN fhn Stotn tn Enha VnFni
This Government, by our institutions, is charged
with the mantanance of peace and the preserves
ton of amcable re latons with the nations of the
earth land onhgt 70 possess, without question all the
reasonable and proper means of maintaining the
and preserving the other. Whilst just conf
dence is e in the Jud ciary Of the States, yet this
Government ought to be competent in itself Tor
the fnlfilment of the high duties which have been
devoved upon ii under the organic law, by the
States themselves
In the month of September party of armed
men from Upper Canada invaded The territory OF
the United States, and forci bly seized upon the
person of one Grogan, and, under circumstances oil
great harshness, hurriedy carried him beyond the
limits Of the United States, and delivered him up
TO The authorities of Upper Cnnads His lmmedi
ate discharge ordered by those authorities u
on the facts Of the case being brought To theii
knowIedge-a Of procedure which tc
have been expected from nation W tn whom we
are at peace and which was not more due to the
rights of the United States, than to its own regard
for Justice. The correspondence which passed
between the Department ofthe State, and the Brit
sh envoy, Mr.Fox, and with the Governor Of Yer.
mont, the facts had been made known
to this Department, are herewith communicated.
l regret that it is not in my power to make
known 10 you an equally satisfactory conc usiou
in the case ofthe Caroline steamer, with the cir
sumsances connected with the destruction o
which, in December 1897, by an armed force fitted
out in the Province OF Upper Canada, you are al
ready made acquainted No such ntonement a.
due for public wrong done to he U,,iteC
States by this invasion OF her territory SO who'll,
irreconnilabie with her rights as an independent
power, has yet been made. In the view taker
by this Government, the inquiry whether the YES
sci was in the employment OF those who wer,
prosecuting an Unauthorized war against that Pro
vince was engaged by the owner the busnes
of transporting passengers to and from Navy IsIan
hopes Of private gain, which mos, probabi,
he case, In no degree alters the real question a
ssus between the two government.
This Government: can never concede to an
oreign Government the power, except in a @
he most urgent and extreme necessity of in vadn
Is territory, either to arrest the persons desro
hs property OF those who may have violated b