Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1841-12-15

Cour, of New-York, which had been render
ed upon his application for discharge, TO
the Supreme Court Of the United States, or
TO submit his case 10 the decision OF jury,
preferred The latter, deeming it the readiest
mode of obtaining his liberation, and the re-
suit has fully sustained the wisdom Of his
choice. The manner in which the issue
submitted was tried, will satisfy The English
Government that the principles of Justice
will never fail TO govern the enlightened de-
cision of an American tribunal. | cannot
fail, however 10 suggest to Congress the pro-
prie,y, and, in some degree, the necessity, of
making such provisions by law, so far as they
may consiituiionally do so, for the removal at
their commencement, and at the option of the
party, of all such cases as may hereafter
arise, and which may involve the faithful
observance and execution of our internal OBJ
legations, from the State 10 the Federal Ju-
dietary. This Government by our insiitu-
lions, is charged with the maintenance of
peace and the presvaion Of amicable rela-
lions with the nations Of the earth, and ought
to possess, without question, all The reasona-
bic and proper means of maintaining the one
and preserving the other. Whilst just con-
idence is felt in the Judiciary of the States,
yet this Government ought 10 be competent
in itself for the fulfment Of the high duties
which have been devoved upon it 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 forcibiy
seized upon the person of one Grogan, and,
under circumstances of great harshness, hur-
riedly carried him beyond the limits of the
United States, and delivered him up 10 the
authorities of Upper Canada. His immedi
ate discharge was ordered by those author-
ties, upon the facts of the case being brought
10 their knowledge course of procedure
which was 10 have been expected from na-
ton with whom we are at peace, and which
was not more due to the rights Of The United
States, than TO It's own regard for Justice.
The correspondence which passed between
the Department OF STATE, and the brush
Envoy, Mr.. Fox, and with the Governor of
Vermont, as soot as the facts had been made
known to this Department, are herewith
communicated.
regret that il is not in power TO make
known TO you an equally satisfactory conclu-
sion in the case Of the Caroline steamer,
with the circumstances connected with the
destruction of which, in December, S37, by
an armed force fitted out in the Province of
Upper Canada, you are already made ac
quainied. No such atonement as was due
for the public wrong done to the U. States
by this invasion Of her territory so wholly
irreconcileable with her rights as an inde
pendent power, has yet been made. In The
view taken by this Government, the inquiry
whether the vessel was in the employment
OF those who were prosecuting an unauthor-
lied war against that Province, or was ems
gagged by the owner in the business of trans
porting passengers TO and from Navy Island
in hopes of private gain, which was most
probably the case, in no degree alters the
real question al Issue between the two Gov
enmenis. This Government can never con-
cede TO any foreign Government the power,
except in a case of The most urgent and eX
treme necessity, Of invading its lerrllory1 Ell
ther TO arrest the persons or destroy the pro-
perty of those who may have violated the
municipal laws Of such foreign Government,
or have disregarded their obligations arising
under the law Of nations The territory of
the United States must be regarded as sa-
creuly secure against all SucH IH'dsloHs, uh-
til they shall voluntarily acknowledge their
inability TO acquit themselves Of their duties
10 others And in announcing this seni-
ment, | do but affirm principle which no ma
ton on earth would be more ready TO vindi-
cate, at all hazards, than the people and Co
yernmet of Grea. Britain.
II, upon full investigation Of all the facts;
it shall appear that the owner of the Caro-
line was governed by hostile intent, or had
made common cause with those who were in
the occupancy of Navy Island, then, so far
as he is concerned, there can be no claim TO
indemnify for the destruction of his boat,
which this Government, would feel itself
bound 10 prosecute-since he would have
acted not only in derogation of the rights OF
Great Britain, but in clear violation of the
laws of the United States; but that is ques
lion which, however settled, in no MANNER
involves the higher consideration Of the vio-
lation of territorial sovereignty and jurlsdic-
tlon. To recognize it as an admissible prac-
lice that each Government, in Its turn, upon
any sudden and unauthorized outbreak, which,
on frontier, the extent of which renders it
impossible for either 10 have an efficient force
of - IL; aal-