The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-12-07
M ESSAGE.
To The Senate and House Of Representatives
Of the United States

aud religious liberty with unexampled means Of edu-
cation, knowledge, and improvement Through the
year which is now drawing 10 close, peace has been
in our borders and plenty IN our habitations and al
though 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 we are
all called upon by the highest obligations OF duty to
renew our thanks and our devotion to our Heavenly
Parent, who has continued TO vouchsafe to us the
eminent blessings which surround US, and who has 80
signaly crowned the year with his goodness. Ii we
find ourselves increasing, beyond example, IN mum
bers in strength in wealth, IN knowledge in every
thing which promotes human and social happiness
let US ever remember dependence, for all these
on the protection and merciu dspensations Of Di-
vine Providence.
Since your last adjournment, Alexander Mcleod
British subject, who indicted for the murder OF
an American citizen, and whose has been the
subject of correspondence heretofore communicated
10 you, has been acquitted by the verdict of an i'm
partial and intelligent jury, and has, under the judg
ment of the Court, been regularly discharged
Great Britain having made known to this Govern
ment that the expedition which was fitted out from
Canada for the destruction Of the steamboat Caroline
in the winter Of 1897 and which resulted in the des-
truction of said boat, and in the death Of Amer-
citizen, undertaken by orders emanating
from the authorities of the British Government, in
Canada and demanding the discharge OF Mcleod up
the ground that fengaged in that expedition, he did
but fulfil the orders of his Government, has thus
been answered in the only way in which she could
be answered 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, arraigned for a
criminal offence, before the Courts of either can OBJ
tain his discharge is by the Independent action Of the
judiciary, and by proceedings equally familiar to the
Courts of both countries.
If in Great Britain power exists in the Crown TO
cause to be entered noiie proseq, which is not the
case with the Executive power Of the United States
upon prosecution pending in State Court; yet
there, no more than here, can the chief Executive
power rescue prisoner from custody without an or
der Of the proper tribunal directing his discharge.
The precise stage of the proceedings at which such
order may be made, is matter OF municipal regtla-
ton exclusively, and not to be complained of by any
other Government. In eases of this kind, Govern
ment becomes politically responsible only, when its
tribunals of last resort are shown to have rendered
unjust and injurious judgments IN matters not doubt
full To the establishment and calculation Of this
principle nation has lent It's authority more eff-
ciently than Great Britain. Alexander Mcleod ha-
wing his option either TO prosecute writ of error
from the decision of the Supreme Court Of New
York which had been rendered upon his application
for discharge, to the Supreme Court of the United
States or to submit his to the decision of jul
ry preferred the latter, deemng it the readiest mode
of obtaining his liberation, and the result has fully
sustained the wisdom of his choice The manner in
which the issue submitted tried, will satisfy the
English Government that the principles of justice
win never fail to govern the enlightened decision OF
an American tribunal cannot fail, however, TO
suggest to Congress the proprety, and, in some de-
gree, the necessity, of making such provisions by
law, far they may consttutIonally do so, for the
removal at their commencement, and at the oPuon
of the party of all such may hereafter arise,
and which may involve the faithful observance and
execution of our international obligations from the
State to the Federal Judiciary. This Government,
by our institutions, is charged with the maintenance
OF peace and the preservation Of amcabe relations
with the nations Of the earth, and ought TO possess,
without question, all the reasonable and proper
means Of maintaining the and preserving the
other Whilst just confidence is felt in the Judiciary
Of the States, yet this Government ought to be COM
potent itself for the iulhlment OF the high duties
which have been devolyed upon II 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 Uni
ted States, and forciby seized upon the person of
one Grogan, and, under circumstances OF great
harshness hurriedy carried him beyond the limits of
the United States, and delivered him up to the au-
thorities of Upper Canada His immediate discharge
was ordered by those authorities, upon the facts OF
the case being brought to their knowledge course
OF procedure which was to have been expected from
a nation with whom we are at peace, and which was
not more due to the rights Of the United States than
to its own regard for justice. The correspondence
which passed between the Department Of State and
the British Envoy, MIR. Fox, and with the Governor
of Vermont, soon rs the facts had been made
Gated.
regret that it is not in my power to make known
to YOU an equally satisfactory conclusion IN the case
of the Caroline steamer with the circumstances con-
nccted with the destruction Of which, in December,
1897 by an armed force fitted out III the Province OF
Upper Canada, you already made acquainted. No
such atonement due for the public wrong done to
the United States by this invasion OF her territory, SO
wholly irreconcilabe with her rights an indcpen-
dent power, has yet been made. In the view taken
a ~ ~ x1ha thart he xpS
was in the employment Of those who were prosecu-
ting an unauthorized war against that Province, OF
was engaged 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 at issue between
the two governments. This Government can never
concede To any foreign Government the power ex-
cept III OF the most urgent and extreme neces-
sity OF invading its territory, either to arrest the
persons destroy the property OF those who may
have violated the municipal laws OF such foreign Gro
vernment or have disregarded their obligations arr
sing under the law of nations. The territory OF The
United States must be regarded as sacredly secure
against all such nvasions until they shall voluntarily
acknowledge their inability to acquit themselves OF
their duties to others. And IN announcing this senti
ment | do but affirm principle which no nation on
earth would be ready to yindicae, at all hazards
than the people and Government OF Great Britain.
IT, upon full investigation OF all the facts 1t shall
appear that the owner of the Caroline 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 indemnity for the destruction OF his boat, which
this Government would feel itself bound TO prose
cue-since he would have acted not only in deroga-
lion of the rights of Great Britain, but in clear vo-
lation Of the laws of the United States but that Is
a question which, however settled, in no manner IN
wolves the higher consideration Of the violation Of
territorial sovereignty and jurisdiction TO rccog-
MISE il as an admissible practice that each govern
ment, in its turn, upon any sudden and unauthorized
outbreak which, on frontier, the extent OF which
renders II impossible for either to have an efficient
force every mile of it, and which outbreak
therefore, neither may be able to suppress IN day
may take vengeance into its own hands, and withou,
even a remonstrance and in the absence OF any
La lnr-