The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-12-14
nj F. SIS AG E.
To the Senate and House of Representatives
Of the United Slates.


ofthe United States
In coming together, fellow citizens 10 enter
again upon the discharge of the duties with
which the People have charged US, severally,
we find great occasion to rejoice in the gener-
al prosperity of the country. We are in the
enjoyment of all the blessings of civil and re-
ligious liberty, with unexampled means of ed
ncation, knowledge and improvement. Through
the year which is now drawing to a closr peace
bas been in our borders, and plenty in our hab-
itations and although disease has visited some
few portions of our land with distress and NOR
tality, vet in general the health of the people
has been preserved, and we are all called upon,
by the biz chest 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 so signay crowned the year with his
goodness. five find ourselves increasing, be-
yond example, in numbers, in strength, IN
wealth, in knowledge, in every thing which
promotes human and social happiness, let us
ever remember our dependence, for all these,
on the protection and merciful dispensations
ofDiyine Providence.
Since YOUR last adjournment, Alexander Nc
Leod, British subject, who was indicted Tor
the murder of an American citizen, and whose
case has been the subject of a correspondence
heretofore communicated to you, has been ac-
quilted by the verdict of an impartial and in
tclligent jury, and has, under the judgment of
the Court. been regularly discharged.
Great Britain having made known to this
Government that the expedition which was
fitted out from Canada for the destruction of
the steamboat Caroline, in the winter of 1887,
and which resulted in the destruction of said
boat, and in the death of an American citizen,
was undertaken by orders emanating from the
authorities of the British Government, in Can
ada, and demanding the discharge of Mcleod
upon the ground that, if engaged in that expe-
Gition, he did but fulfil the orders of his Gov
eminent, has thus been answered in the only
way in which she could be answered by Gov
ernment, the powers of which are distributed
among its several departments by the funda-
mental law. Happy for the people of Great
Britain, as well as those of the United States,
the onv mode by which an individual, arraign-
ed for a criminal offence, before Courts of ell
1her. can obtain his discharge, is by the indie
pendant action of the Judiciary, and by procee-
dings equally familiar to the Courts of both
countries.
If in great Britain power exists in the
Crown to cause to be entered a nolle Prosequi
which is not the case with the executive power
Of the United States upon prosecution PEN
ding in a state court; yet there, no more than
here. can the chief executive power rescue
prisoner from custody without an order OF the
proper tribunal directing his discharge. The
precise stage of the proceedings at which such
order NAV be made, is municipal regulation
exclusively, and not TO be complained of by
any other government. In cases of this kind,
= government becomes politically responsible
oya,y when its tribunals of last resort are shown
to have rendered unjust and injurious judgments
in matters not doubtful. To the establishment
and calculation of this principle, no nation has
left IFS authority more efficiently than Great
Rritai.. Alexander Mcleod having his op-
ton either to prosecute wit of error from the
decision of the Supreme Court of New York,
=. ;cb had been rendered upon his application
So sn discharge, to the Supreme Court of the
- ~. States. or TO submit his case to the de-
l ., Jury, preferred the latter, deeming il
c CT "a st mode of obtaining his liberation. q
'h e r e ',as fully sustained the wisdom of
10 T T mann, er in which the issue submitted
ne la d Will : atisfy the English Government
sat the princip,e les ofjustice viii never fal to
..-a - the enlightened decision OF an Amerl'
o. tr;bunal. T cannot fail, however, 10 sug