New-York tribune., 1841-12-08

Nj e S S A G E.
Feuov- oi;i-sns Of the Senate
and oC TIE Hglse oC RePresentdtires

Feilov- ei;i=srs Of the Senate
and cf the House Of ReProsentdfires
In coMing together, fcow-cit zens, 10 enter
again upon the discharge o; tte duties with winch
the People have charged Us, seyerally, we fad
great occasion 10 rejoice in the general prospe-
rty of the country We are in the enioymen, Of
all the bless ngs Of civil and religious ibery, with
uacxampled means of education, knowledge, and
improvement. Through the yea, which Is now
drawing to "a close, peace has been in our borders,
and plenty in cur habitations; and although dis
ease has visited some few portions OF the land with
distress and mortality, vet in general the health -
the People has been preserved, and wc are all
called upon BY the highest obligations OF duty, TO
renew our thanks and our devotion to our Heavenly
Parent, who has continued to vouchsate 10 US the
eminent blessings which surround us, and who ha-
80 signally crowned the yearwth His goodness. Il
we find ourselves increasing, bsyond example, in
numbers, in strength, in wealth, in knowledge. IL
every thing which promotes human aud social hap
piness, let us ever remember cur dependence, for
all these on the protection and tnerciiul dispensa-
lions of Divine Providence
Since your last adjournment, Alexander Nc
Leod, British subject, who was indicted for the
murder of an American citizen, and whose case
has been the subject OF u correspondence hereto
fore communicated to you, has been acquitted by
the verdict of an impartial and intelligent Jury, aud
has, under the judgement Of the Court, been resu-
larry discharged.
Great Britain having made known to this Go
vernncnt that the expedition winch was htted ouj
from Canada for the destruction OF the s,eamboar
Carolne, in the winter of 1897, and which resulted
in the destruction OF said boat, and IN the death oi
an American citizen, undertaken by order
ema latng from the authorities OF the British 90.
vernment in Canada aad demanding the discharge
of Mcleod upon the ground that if engaged -
that expedition, he did but fulfil the orders of h,
Government. has thus been answered in the on!.
way in which she could be answered by Govenl-
rlent, the powers of which are distributed am1ie
ils several departments by the fundamental laa.
Happily for the people OF Great Britain well
those of the United States, the only mode by whic
an individual arraigned for criminal offence, he-
fore the Courts of ether can obain his discharge
is by the independent action OF the Judiciary, and
by proceedings equally familiar TO the Courts o.
both countries.
If in Great Britain power exists in the
Crown TO cause to be entered n0He pr0Seqve
which s not the case with the Executive
power of the United States upon prosecution
pending IN a State Court; yet there, no more
than here, can the chief Executive power rescue
! prisoner from custody without an order OF III.
proper tribunal directing has discharge. The PIE
cise stage ot The proceedings al which such order
may be made. is matter OF municipal regulation
exclusively, and not TO be complained Of by any
other Government. In cases OF thus kind,
Government becomes politically responsible only
when its tribunals OF last resort are shown 10 have
rendered unjust and injurious judgements in mat
tcrs not doubtful To the establishment and clu-
cldauon Of this principle, no nation has lent liz
authority more efficiently than Great Britain
Alexander Mcleod having his option eiJher TO
prosecute writ OF error from the decision ol In,
Supreme Court Of New-York, which had been
rendered upon his application for discharge, TO
the Supreme Court of the United States, or C.
submit his case to the decision OF Jury, prefer
red the latter, deemlng II the readest mode OF
obtaining his liberation, and the result has iulis
sustained The wisdom OF his choice. The man
ner IN which the issue submitted was tined, vii
satisfy the English Government; that the prlncl-
Piles OF justice Will never fail 10 govern the en-
hghtened decision of an American tnbunal-l
cannet fail, however, TO suggest 10 Congress The
propTiety, and, IN some degree, the necessity, oi
making such provisions by law, 50 far Us ,hcy
may consututIonally do so, for the removal al
their commencement, and ~ the option Of The
party, OF all such cases is may hereafter arse,
and which may lrvolye the iathiHl observance
and execution of our international obligations.
iI"ui 'Ie Stdtc 10 ue feleFat judiciary. / 4u>
Government, by our institutions. Is charged
with Inc maintenance of peace and the Presrrya-
ton of amIcdo.e relations with lhe naiiouS OF Jar
earth, and onghtto possess, without question, all
the reasonable and proper means of maintaiaias
the one and preserving the other Wuilsi Just
confidence Is felt IN the Judiciary of the States.
yet this Government ought 10 be competent in
itself for the iulhlmen ot the high duties whicli
have been deyohed upon II under the organic
iSw, by ihe States themselves.
In the month OF September party Of armed
men from Upper Canada invaded the territory of
the United States aud torclbiy seized upon the per
son o: one Grogan, and under circumstances OF
great harshness hurriodly carried him beyond ;hc
hnits Of The United States, and delivered hun up
to the authorities OF Upper Canzda. His immedi-
ate discharge was ordered by those authorities, W
the facts of he case being brought TO then
~nowledgc-a course OF procedure which was 10
have been expected nom nation with whom We
are at peace, and which was not more due 70 the
rights OF the United States than TO is regard
foc justice. The correspondence winch passed be-
tween the Department ol State, and the British
Envoy, Nj. Fox, aud with the Goyeruo, OF Yer
mont, ss soon the facts had been made known
TO TIN, Department, are herewith communicated
regret that it Is not IN my powerto make known
70 YOU au equally satisfactory conclusion in the case
Of the Caroline Steamer, with the circumstances