Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-12-21
Presidents MESSAGE,
10 TIC Senate and House Of Representatives. of the
United States

S o'''"to "''e1 house o. Representatives of Ike
United States.
In coming together, fellow citizens. TO enter aoain
upon the discharge OF the duties with which the
people nave charged US, severally, we find great
occasion to rejoice the general prosDetit, of the
country. We are in the endowment of all The bles.
Sings OF civil and relig ious liberty, with unexans
pled means OF education, knowledge and improve
ment. Through the year which is now dra vino TO
close, peace has been in our borders and nIcntv
IN our habtauons; and although disease has visited
some few portions of the land with distress and
mortality, yet IN general, the health of the people
has been preserved, and are called upon. bv the
highest obligations of duty, to renew our thanks
ana our devotion to our heavenly Parent who has
continued to vouchsafe to us the eminent BLESSINGS
which surround us, and who has so signaIly crown.
ed the year with his goodness. five find ourselves
increasing beyond example, in numbers, in strength.
wealth. IN knowledge IN every thing which pro-
notes human and social happiness, let us ever re-
member our dependence, for all these. on the rro-
lection and mercltul dlspensation of Divine Prov;
dence
Since your last adjournment, Alexander Mel cod.
BRUSH subject, who was indicted for the murder
81 an American citizen, and whose case has been
the subject OF correspondence heretofore commu-
hcatcd TO you has been acquitted bv the verdict of
an impartial and intcl gent iury. and has. undcr tho
judgment OF the Court, been regularly DISCHARGED.
GREAT britain having made known to this Gov
eminent, that the expedition which was fitted ONT
rom canada tor the destruction of the Steamboat
caroline IN the winter of 1887, and which resulted
IN the destruction OF the said boat and the death of
al american cllzen was undertaken by orders
eInana'lng from the authorities of the British Gov
ernment In Canada, and DEMANDING the DISCHARGE
OF Mcleod upon the ground that if engan ed in that
expedition he dad but fulfil the orders of his govern
mcnt, has thus been answered in the only wav she
coud De answered by government, the powers of
whIch are distributed among its several departments
oy the fundamental law. Happily for the people of
Tfeat britain, as well as those of the United States
the only mode by which an individual arraianod
lor criminal offence, before the Courts of either
can OBTAIN his discharge is by the independent ac-
uon OF the Judiciary, and by proceedings equally IA
fnlliar to the courts of both countries.
ii IN Great Britain power exists in the Crown
10 cause 10 be entered nole prosequ, which is 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 Execu
i've power rescue prisoner from CUSTODY without
an order OF The proper tribunal directing his dis
charge. he precise stage of the PROCEEDINGS at
"hlch such an order may be made, is a matter of
municipal regulation exclusively, and not to be
complained OF by any other government In cases
OF TINS KIND, government becomes politically re-
sponslblc only, when it's tribunals of St resort arc
shown TO have rendered unjust and injurious mdo
ments III matters not doubtful. To the establish
ment and calculation of this principle no nation has
ientits authority more efficiently than Great Britain.
Alexander Mcleod having his option either to pros
ecue writ OF error from the decisn, of the Su
preme Court OF New York, which had been render
ed upon his application for DISCHARGE, TO the Sp
Preme Court OF the United States, or to submit his
case TO the decision OF jury preferred the latter
deemIng 1t the readest mode of obtaining his libe
ration, and the result has fully sustained the wisdom
ct his choice The manner in which the issue sub
tod rod =
ment that the principles of Justice will never fail 70
govern the enlightened decision of an American
tribunal | cannot fad however, te suggest to
Congress the proprety, and, in some degree the
necessity, OF making such provisions by law, so far
as they may constltuonally do So for the removal
nj thelr commencement, and at the option of the
party, OF all such as may hereafter arise and
which may involve the faithful observance and exc
cutlon ot our international obligations, from the
State tc the Federal Judiciary. This Government
by our institutions, Is charged with the maintenance
oI peace, ard the preservation of amicabe relations
with the HatoNs Of the earth and ouoht to possess
without question, all the reasonable and proper
means OF maintaining the one, and preserving the
other. Whilst just confidence is felt in the Judici
nry OF the States, yet this government ought to be
competent IN itself for the fuiflment of the HIGH du
Ties which have 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 ftbc
United States, and torcby seized upon the person
OF one Croghan, and under circumstances of rreat
harshness, hurredly carried him beyond the limits
OF the United States, and delivered him I'D to the
authorities OF Upper Canada. His immediate dis
charge was ordered by those authorizes upon thc
facts of the case being brought to their knowledge
"a course OF procedure which was to have bcen
expected from nation with whom we are at peace
and which was not more due to the rights of the
han ~ It-, u &.
The correspondence which passed between the
Department OF State, and the British Envoy, Mr.
FOX, and with the Governor of Vermont. as soon
rs the fscts had been made known to this Depart
nent, are herewith communicated.
regret that II is In my power TO make kno,,,
10 YOU an equally satisfactory conclusion in the
OF the Caroline steamer and the circumstances COZ,
nected with the destruction of which. in D,con,lnr
1887, by an armed force fitted ont in 1b, Province
OF Upper canada, you are already made acouaint
ed. No such atonement as was due for the n,,bEc
wrong done TO the United States By this invasion of
her 1errltory, SO wholly irrcconciable with her
rights as an independent power, has vet been made
In the view taken by this Government the inouirv
whether the vessel was in the employment of those
who were prosecuting an unauthorized war aeainst
that Province, or was engaged by the owner in the
business OF transporting passengers to and from
Navy Island In hopes OF private gain, which was
most probably the case, in degree alters the real
quesuoh AT issue between the two governments
This government can never concede ~ INV f,ra;,,
government the power, except in case of the most
urgent and extreme necessity, of invading its terri
tory, either to arrest the persons or desrorp tho
property of those who may have violated the nun;
cpal laws of such foreign government, or have dis
regarded their obligations arising under the law of
nations. The territory of the United States must
be regarded as sscrediy secure against all sncb in
vasions, until they shall voluntarily acknowledge
their inability TO acquit themselves of their dutv to
others. And in announcing this sentiment, do but
affirm principle which no nation on earth would
be more ready TO vindicate at all hazards, than the
people and government of Great Britain.
II, upon full investigation of all the facts. il
shall appear that the owner of the Caroline wa
governed by hostile intent, or had made common
cause with those who were in the occupancy OF
Navy Island, them so far he is concerned. there