Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-12-08
MESSAGE.
To The Senat. and House Of Representalip,s

To the Senate aud House Of Reprssentaiip,s
| Of the United Slater
In comnc together, fellow citizens, to enter nsair
/ upon the discharge OF the duties with which IN,
people nave charged u.s. 'cvcrSl!v, we find great
occasion TO rejoice IN the general prosperity Of tbr
country. We are IN the enjoyment of all m. bIsS
sings OF civil and rel ous liberty with une.nmn;SI
means OF education, knowledge, and Improvement.
nroush inc year which IS nov drawing to a close,
peace has been IN our borders and plenty in our ba
bltations and although disease has visited SOM.
few portions Of the land with distress and
", yet, m general the health of the people has
Seeh preserved, and We are all called upon by the
highest obligations Of duty, to renew our thanks
and our devotion TO our Heavenly Parent VIII, L.s
continued to vouehsafe TO US the eminent bless;nr
winch surround us, and who has so signaIy crowd
60 the year with his goodness. Ii we find our
selves increasing, beyond example, in numbers IN
strength, IN wealth, in knowledge, ia every th;nc
which promotes human and social happiness. LEI rs
ever remember our dependence for ali these on tho
| violence. ~
Since your last adjournment Alexander Nc.
Leodr British subject, who was indicted for I'M.
murder OF an American citizen, and whose case has
oeeh the SUBJECT OF correspondence heretofore
communicated 10 you, has been acquitted by the
verdict OF an impartial and intelligent iury, and
has under the judgment OF the couri been regular.
ly discharged.
Great Britain having made known TO this Co
vernmcnt that the expedition which was 6t,ed or,
from Canada for the destruction of the s,snn,Lo,,
4
caroline, IN the winter oil 1897, and which resulted
IN the destruction Of said boat and in the deatb of
an American citizen, undertaken by ordsrs
emanatlng from the authorities of the British c.
vernmen, IN Canada, and demanding the discb,roc
OF Mcleod upon the ground that, If engaged in th
expedition, he did but FUN the orders OF his Co
vernment, has thus been answered in the onlv wav
IN which she could be answered by n Gover1,,n;
the powers OF which are distributed among its scve
raj departments by the fundamental law H,rniIy
Tor me people OF Great Britain as well as those Of
me United States, the only mode by which an ipd.
Siuua, atFaIsned Tor a criminal offence, before the
courts Of ehtr, can obtain his discharge is by The
independent action OF the Judiciary, and hy pro-
ceedngs equally familiar to the Courts Of both coun-
traS. "
II IN Great Britain power exists in the Crown to
70 DC e9te'ed neEt pr'seqai, which is not the
case win the Executive power OF the United States
upon prosecution pending IN a State Court. vet
mere, no more than here, can the chief Exer,,tyv.
power rescue prisoner from custody without an or.
DER OF the proper tribunal directing his DISCHARGE =
Inc precise stage Of the proceedings at which such
order may be made, Is matter of municipal resula-
ZION exclusively, and not TO be complained OF nv
any other Government. In cases of this kind. n
government becomes politically responsible ONLY
when It's tribunals OF last resort are shown to have
rendered unjust anil injurious judgments in matters
not doubtful. To The establishment and elucidaton
oil this principle nation has lent its authority
more efficiently thun Great Britain. Alexander
Mcleod having his option either TO prosecute writ
OF error from the decision OF the Supreme Court OF
New York, winch had been rendered upon ms an.
plcalIon for discharge, TO the Supreme Court of
the United States, or to submit his case to the de
eson oil jury, preferred the latter deeming il the
readlest mode OF obtaining his liberation and the "a
suit has fully sustained the wisdom Of his choice-
The manner in which the issue submitted was
tried, will satisfy the English Government that tbe
principles OF justice vii. never fail to govern the
enlightened decision Of an American tribunaL-I
cannot fail, however TO suggest to Congress the pro-
pretty, and, IN somo degree the necessity OF ma.
king such provisions 10y law, so far ss thew NAV
constitutionaIy DO so, Tor 5 ;Sa.nya at their com
mencement, and at the option Of the party, of ali
such cases may hereafter arise md which r,,,,
involve the faithful observance and eIecutio. oF on
international Obligations from the State TO the r. dc.
raj judiciary. This Government, by our ins,itI
uons, Is charged with the maintenance Of peace and
the preservation OF amicabe relations with the ma
ions OF the earth, and ought to possess, without
question, all the reasonable and prooer means NJ
maintaining the one and preserving the other -
Whilst just confidence is felt IN the Judiciary of m.
states, yet this government onghl TO be Competent
IN ltseiiiOr the iuthiment Of the high duties which
have been deyoIved upon II under the organic law.
by the States themselves
In the month Of September a party Of armed men
from Upper Canada invaded the teri tory of the
United States, and tOrci6y seized upon the person
OF one GrOgan, and, under circumstances of grest
hnrshnCss, huriedIy carried him beyond the limits
81 ihe'Unlttd States, and delivered him up 10 the
authorities Of Upper Canada. His immediate dis.
charge was ordered by those authorities, upon the
tacs OF tho case being Drough. to their knowledge
a course OF procedure which was to have been eK.
pected from a nation with whom we are at peace
and which was not moro due 90 the rights Of the
United States, than TO its own regard Tor Justice
The correspondence which passed between Inc De.
partment Of State and the British Envoy, Mr. Fox,
and with the Governor Of Vermont, as soon as the
facts had been made known to this Department. are
here with communicated
regret that Il IS not IN my power 10 make known
to you en- equally satisfactory conclusion in the
case Of the Caroline steamer with the cirrumsf,nrss
connected with the destruction Of which. in Deem.
Der 1897, by an armed force fitted out in the Pro.
ylnr5 Of Upper Canada, you are already made ae-
quainted. No such alonemenL as was due for IN.
public wrong done 70 the United States by this in
vaslon Of her territory, % wholly irreconcilable
With her rights as an independent power has vet
been made. In the view taken by this Govern.
men the inquiry whether the vessel was in the en-.
PIoymcnt OF those who we're prosecuting an unau.
thOrlzed war against that Province or was eppaocd
by the owner 10 the business Of Transporting ras
sengers TO and from Navy Island in hope Of private
gain, which was most probably the case In no ds-
gree alters the real question az issue between the
two governments. This Government can never
cOncrdc 70 any foreign Government the power x
cspt n a case Of the most urgent and extreme ne.
ccssly, " invading t' territory, either TO arrest the
persons or destroy tho property VI those who may
have violated lhe municipal laws Of such foreign
Government, or have Jisrcguricd their obligations
the United Sta GO must be regarded as siereIly Sc
cure against oil such Invasons, until they shall vo
, luntnry ucknowledgo their inability 70 acauit
themselves o. .heir duties 20 others And IN an
nouncing ibis sentiment 90 but 1fim princi.
pie which no nation on earth would be more ,ss g.,
% yindc1to, az all hazards, than the psonlo ~
! 0o7cTnment Of Great Britain
IT, upon foil investigation Of all the facts il shall
appear that tho owner Of the Caroline was governed
| ~ hostile intent, or had made common cause Win
| those who were IN the occupancy Of Navy Island
then, 80 Tor 90 he IS concerned there can be no claim
| TO indemnify for the destruction Of his boat. Which
this Government would feel itself bound 10 pro-..
cute-sIncc he would have acted not only IN derogs
ton Of the rights Of Great Bitain, but IN es,r 30
iatlon Of the laws Of the United States. but tbst -
n question which, however settled, IN no manner m
vovcs the higher consideration Of the violation l
| territorial sovereignty and jurisdiction. To recoo
| MISE tos 90 admissible practice that each govern.
ment, m Us turn, upon 0ny sudden and uooutborz.
ed outbreak, which, on a frontier the srt.nt "a
which renoers IL impossible for either 10 hov an Fl
hcent force on every mile Of IT, and which out break
therefore, neither may be able 70 suppress IN d,v
may take vengeance into its own hands and viii
out even remonstrance, and in the absence Of sov
L uTFa4lUU % 0voFfuItuu