Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1841-12-15

ticn of the steamboat Caroline, in the
winter of 1887, and which resulted IN the
destruction of said boat, and in the death
ct an American citizen, was undertaken
by orders emanating from the authorizes
OF the British Government, In Canada, and
demanding the discharge Of Mcleod
upon the ground that, if engaged in that
expedition, be did but fulfil the orders of
bis Government. has thus been answered
in the only way in which she could be an
swered by Government, the powers of
which are distributed among its several
departments 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, ar
raigned Cor criminal offence. before the
Courts of either, can obtain his discharge,
is by the independent action Of The judicia-
ry, and by proceedings equally familiar 10
the Courts Of both countries.
Ii in Great Britain a power exists in the
Crown TO cause 10 be entered nolle pro-
seoul, which is not the case with the ex.
ecutive power Of the United States upon a
prosecution pending in state court; yet
there, no more than here, can the chief
1 executive power rescue a prisoner from
custody without an order ofthe proper t.i-
bunai directing his discharge. The pre-
else stage Of tbs proceedings at which such
order may be made, is matter of muni-
cipal regulation exclusively, and not to be
complained of by any other government.
La cases OF this kind. government be-
comes politically responsible only when
} E,its tribunals of last resort are shown to
have rendered unjust and injurious judg.
ments in matters not doubtful. To the es-
! Enlistment and calculation Of this princi.
, 1pie, no nation has lent its authority more
t efficiently than Great Britain. Alexander
; Mcleod having his option either to prose
, cute writ Of error from the decision o
the Supreme Court Of New York, which
f had been rendered upon his application
} for discharge, to the Supreme Court o
I the U. States, or TO submit his case to tn,
+ decision of a jury, preferred the latter
8 deeming it the readiest mode of obtaining
I his liberation, and the result has fully sus
E tanned the wisdom his choice. 49, !,
u uC III WlllSu ISSUE SuDnlL
: ted was tried will satisfy the English Gov
ernment that the principles of justice will
q never fail to govern the enlightened decis
ion OF an American tribunal. I canno
1 fail, however, to suggest to Congress tn,
f propriety, and, 10 some degree, the neces
: sity, OF making such provisions by law, 81
b far as they may do so, for the removed a
holP nj fk
l. the party, o. all such cases as may here
is after arse, and which may involve tn
4, faithful observance and execution of GU
At International obligations, from the State
y the Federal Judiciary. The Goyernmen
n by our institutions, is charged with tn
" maintenance Of peace and the preservatio
Of amicable relations with the nations {
L the earth, and ought to possess, withou
lie question, all the reasonable and prope
n means Of maintaining the one and preser,
a. ing the other. Whilst just confidence
felt in the Judiciary Of the States, yet TIL
II Government ought to be competent in
self for the fnlfillment Of the high dutit
= which have been devolved upon il un,le
the organic law, by the States themsefve
" In the month of September, a party
ly armed men from Upper Canada ivade
lie the territory of the United States. and 70
at chilly seized upon The person of one CIR
Sc gan, and, under circumstances of gre,
ii harshness, hurriedly carried him beyon
the limits Of the United States, and deli
al cred him up to the authorities of Uppe
10 Canada. His immediate discharge wa
d. ordered by those authorities, upon the fac
10 of the case being brought to their know
he edge-a course of procedure which wa
IL to have been expected from nation wit
d. whom we are at peace, and which was n,
m more due to the rights ofthe United State
than to its own regard for justice. IT
On correspondence which passed between II
rs Department of State, and the British E
nd voy, Mr.. Fox, and with the Governor
Vermont, as soon as the facts had bee
made known to tie Department, are her
with communicated. f.
regret that it is not in my power
~ make known to you an equally satisfact
~ conclusion in the case of he Carolir
20 steamer, with the circumstances connect,
U. with the destruction of which, in Decor
cd Der, 1887. by an armed force fitted out
e. the Province of Upper Canada, you a
~ already made acquainted. No such atom
ne inent as was due for the public wrong dol
y, 10 the United States by this invasion of h
10 territory, so wholly irreconcilable wi
ga her rights as an independau, power, h
Sc, made. Ia the view taken by this Cover
lty ment, the inquiry whether the vessel "
lse 10 the employment Of those who were pl
nd scouting an unauthorized war against ii
raj Province, or was engaged by The own
"a, in the business Of trans porting passenge
ylh- TO and from Navy Island in hopes Of p
ks vate gain, which was most probably /
.nt, case In no deoree alters the real nnesii