Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-12-16
N ( S S A G E:
To the Senate and House of Representatives.
oCMe United States.

To the Senate and House of Representatives.
oCMe United States.
In coming together, fellow citizens,to enier
again upon the discharge of the duties with
which the People have charged Us, severally
we fnd great OCCASION 10 rejoice IN the gene
raj prosperity of the country. We are IN the
enjoyment of the blessings Of civil and re-
ligious liberty, with unexamplcd means of
education, knowledge and improvement
Through the year which IS now drawing to a
close, peace has been in our borders, aud
plenty IN our habltations; and although dis
ease has visited some few portions of our land
with distress and mortality, vet in genera,
the health of the people has been preserved,
and we are all called upon, by The highest
obligations of duty, TO renew our thanks and
our devotion TO our Heavenly Parent, who
has continued 10 vouchsaie 10 us the eminent
blessings which surround us, and who has So
signally crowned the year with his goodness.
IL we find ourselves increasing, beyond ex.
ample. IN numbers, IN strength, in wealth. IN
knowledge. IN everything which promotes
human and social happiness, let us ever re.
member our dependence for all these, on the
protection and mercliul dspcnsa,ions Of Dr..
vine Providence.
Since your last adjournment, Alexander
Mcleod, British subject, who was indicted
for the murder OF an American citizen, and
whose case has been the subject of d CORES.
pondcncc heretofore communicated To YOU,
has been acquitted by the verdict Of an i'm
partial and intelligent jury, and has, under
the Judgment Of the Court, been regularly
discharged.
Great Britain having made known TO this
Government that The expedition which was
nled out from Canada Tor The destruction oi
the steamboat Caroline. IN the winter OF 1887,
snd which resulted IN the destruction of SAID
boat, and in the death Of an American cii.
zen, was undertaken by orders cnanating
from the authorities of the British Govern
ment, IN Cannda, and demanding the dis
charge Of Mcleod upon The ground that, il
engaged in that expedition, he d.d but fulfil
the orders OF his Government, the powers OF
which are distributed among It's several de.
parimen,s by The fundamental law. Happily
for the people of Great Britain, as well as
those OF the United States, the only mode BY
which an individual, arraIgned tor a criminal
offence, before the Courts of either, can OBJ
tnln his discharge, is by the independent &C
ton OF the judiciary, and by proceedings
equally familiar to the Courts of both coun
tries.
IL in Great Britain q power exists in the
u
qul, which is not the case with the executive
power OF the United States upon q prosecu.
ton pending state court; yet there, no more
tbnn here, can The chief executive power res.
Gu: prisoner from custody wlibou. an order l
OF the proper tribunal directing his discharge. |
The precise stage o. the procee dIngs ut which i
snch order may be made, is q matter of mum. Il
cipnl regulation exclusively, and not To be /
complained of by any other government. ln Il
cases OF this kind. n government becomes
poliucnlly responsible only when its tribunals II
of last resort are shown to have rendered un-
just anu injurious Judgments III matters not
doubtful. 10 the establishment and elucida.
ton Of this principle, no nation hos lent It's
authority more efficiently than Great Britain.
Alexander Mcleod having his option either
10 prosecute writ of error from The decision
OF the Supreme Court Of New York, which
had been rendered upon his application for
discharge, to tho Supreme Court Of the L. i
states, or 10 submit his case 10 the decision
Of jury, preferred the latter, deernup it the
readIest mode of obtaining his liberation, and
The result has fully sustained the wisdom OF Il
his choice. H
The manner in which the issue submitted Il
WAS tried will satisfy the English Govern.
ment That the principles of Justice will never
fail to govern the enlightened decision of an
American tribunal. cannot fail however !.
to suggest TO Congress the proprety, ond in \
some degree, The necessity of making such \
provisions oy law, so far as they NAV do So II
for the removal ot their CONNIE nc ement, and II
at the option Of the party, OF all such cases
os may hereafter arse, aud which may in II
volve the faithful observance and execution II
OF our international obligations, from the II
State to the Federal Judiciary. THIS Go Il
vrrnment, by our institutions, is charged with n
the maintenance of peace and the preservo.
ton oi amcable relations with the nations OIL
The earth, and ought 10 possess, without II
question. all the reasonable and proper means
OF maintaining The one and preserving the
other. Whilst Just confidence is felt in the
Judiciary oi The States, yet The Government
Ought to- oc competent ~ itself for the fu' I'll. II
mont of the high duties which have beenIt
involved upon II under the organic law, by
the States themselves.
ln The month Of September, party Of arm.
cd men rom Upper Canada invaded the ter
riory OF the Unied States. ahd forcibly sci.
sed upon the person uf ono Grogan, and, un
der circumstances Of great harshness, hur.
Iledly carried him beyond the limits of the
Uniied States, aud delivered him up 10 the
of Upper Canada. His lmmcdl
n'e discharge was ordeted by those nuihorl-
ties, upon the facts of the case being brought "
'' ,heir knowledge-a course of procedure
which was 10 have bccn expected from ma
lloh with whom We arc ol p, nee. and which
v as no, more due TO he rights ct the Uniiedll
nisie', Than To i,s own regard for Justice. II
The correspondence whlch passed between
Ihe Department ci State. and the British En- II
wy. Mr. Fox. md with tho Goycrnor Of Yer HI
mont, ~ soon ~, the facts had been made
snown 10 this Department. nrc herewith com.
HI
regret that IL Is not IN my power To- make III
snown 10 you an equally satisfactory conclu NJ
'lon IN the case OF The Caroline steamer, With
INC circumstances econsend vrh The DO VI