Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-12-18
MESSAGE.
the Senate and House Of Representatives. Of
the United States.

the United States.
In coming together, feilow~c,tizens, 10 enter q
gain upon the discharge Of the duties with whlc
The people have charged US, severally, we fin
grea, occasion to reJpIce in the general p~rosperit
Of tho country. We arc in the enjoyment OF a
the blessings Of civil and religious liberty wit
unexampled means of education, knowledge an
Improvement. Through the year which IS nov
drawing to a close, peace has been IN our borders
plenty in our habitations; and although dIseas'
has visited some few portions OF the land with dis
tress aud mortality. yet 10 general the health o
the People has been preserved, and we are al
called upon, by tho highest obligations Of duty
to renew our thanks and our devotion 10 on
Heavenly Parent, who has continued to vouchsaft
TO us the eminent blessings which surround US
and who has signally crowned tho year with hi:
uoodness. II wo fnd ourselves increasing, be
yond example, in numbers, in strength, in wealth,
in knowledge, in every thing which promotes hu
man aud social happiness, let US ever rememhe
dur dependence, for all these. on the protection
and merciful dispensations Of Divine Providence.
Since your las, adjournment, Alexander Nc
Leod, a British subject, who was indicted for the
murder Of an American citizen, and whose case
has been tho subject Of a correspondence hereto
fore communicated to you. has been acquitted by
tho verdict Of an impartial and intelligent jury,
and has, under the Judgment Of the Court been
regularly discharged.
Great Britain having made known to this gov
TuIDOu AhhN - At''''' "'N
from c. .nada for the destruction Of the steamboat
Caroline, in the winter OF 1897, and which result
I'd in tho destruction Of SAID boat, md IN the
death Of an American citizen, was undertaken
bv orders em,nating from the authorities OF the
British Government in CANADA, aud demanding
the discharge of Mcleod upon The ground that, If
engaged in that expedition, he did but fulfil the
orders Of his Governmcni, the powers of which
nre distributed among its several departments by
tho fundamental law. Happily for the People of
Great Britain, as well as those OF the United
States, the only mode by which an individual,
arraigued for Il criminal offence bv the Courts of
either, can obtain his discharge by the independent,
action Of the judiciary, and by proceedings equal
~ familiar to The Courts of both countries.
If in Great Britain a power exists in the Crown
10 cause TO be entered a noUc proSequi, which is
not the case with the Executive power of the T..
States upon n prosecution pending IN n State
Court: Yet there, no more than here, can the chief
Executive power rescue a prisoner from custody
without an order Of the proper tribunal directing
his discharge. The precise stage of proceedings
at which such order may be made, Is n matter OF
municipal regulation exclusively, and not TO be
complained Of by any other Government. In ca
Sos of this kind, n Government becomes political
Nv responsible only, when It's trihunais ot last re-
soru ale SHOWN 10 havo rendered IN Just and InJl-
rious judgments in matters no, doubtful. To
tho establishment and e!ucidatinn of this princi-
pie, no nation has lent its authority more eili~
ClGuttS III - va AVN '''N' ~
having his option either to prosecute Il writ Of
error from the decision Of the Supreme Court of
New York, which had been rendered upon appll-
cation for "A discharge, to the Supreme Court Of
the United States, or TO submit his case TO the de-
cision of n ilry, preferred the latter, deeming it
the readiest mode of obtaining liberation. and
tho result has fully sustained the wisdom OF
his choice. The manner in which the issue sub
mitted was tried, will satisfy the English Govern
ment that the principles Of justice Will mover iAIi
to govern the enlightened decision of an AnerI-
can ,ribunal.--l cannot fail, however, 10 suggest
to Congress the proprIety. and, IN some degree,
the necessity, Of making such provisions by law,
so far as thev may constituriouaIiv do so, for the
removal at their commencement, ard at the OPP
ton Of the party, of all sIch cases as may here
after arise, and which may involve the faithful
observances and execution of our international
obligations, from the State to the Federal Judi
ciary. This Government, by our institutions, is
charged with the maintenance of peace and the
preservation of nmicabIe relations with the n1.i
tons OF the earth, and ought to possess, without
question, all the reasonable and proper means of
the one and preserving the other
Whilst just confidence is felt in the Judiciary of
the States. yet this Government ourh, TO be com
petent IN itself for the fu'fiment of the high do
ties which has been devolved upon it under the
organic law, by the States themselves.
In the month Of September, a party Of armed
men from Upper Canada invaded the territory of
the United States, and torcIbly seized upon The
person of one Grogan, and. under circumstances
OF great harshness, hurriedly carried him beyond
the limits Of the United States, and delivered him
up TO tho authorities Of Upper Canada. His i'm
discharge was ordered BY those nu,hori- 6
ties, upon the facts of the case being brought 10 c
their knDwledge-a course of procedure which r
to have been expected from a nation with /
whom We are at peace. and which was not more q
lue to the right of the United States, than to its :
own regard for Justice. The correspondence 9
passed between the Department of State i,
aud the British Envoy, Mr.. Fox. and with The -,
Of Vermont. as soon as the facts had c
been made known 10 this Department., are hero j
communicated. 8
l regret that it is not in nv power 10 make r
TO you an equally satisfactory conclusion |
N the case of the Caroline steamer, with the cir r.
cumstances cnnnncind with tia GaStr1ctInn nI e