Bloomington herald. [volume] (Bloomington, I. T. [Iowa]) 1840-1849, 1841-12-31
PRESIDENTS MESSAGE.
To the Senate and House of
Representatives. Of the United STATES,


again upon the discharge of the duties with
which the people have charged us, severaly,
we find great occasion to rejoice in the general
prosperity of the country. We are in the en-
ioynnent of all the blessings of civil and reli-
lieious liberty, with unexampled means OF ed.
ucation, knowledge, and improvement. Thro'
the year. which is now drawing to close,
peace has been in our borders, and plenty in
our habita,ions; and, although disease has VS.
tied 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 CAL
led upon, by the highest obligations OF duty,
to renew our thanks and our devotion TO our
Heavenly Parent, who has continued to vouch-
safe to us The eminent blessings which sur
round us, and who has so sigually crowned the
yea. with its goodness. If we find ourselves
increasing, beyond example in numbers, IN
strength, in wealth, in knowledge, in every
thing which promotes human and social hap
piness, let us ever remember our dependence,
tor all these, on the protection and mercful dis
pensations Of Divine Providence.
Caroline .7fair.
Since your last adjournment, Alexander Nc
Leod, a British subject, who was indicted tor
the murder OF an American citizen, aud 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
teligen. 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,
oh r,rul+o1 in tho destination nf SAID
boat, aud in the death of an American citizen,
W as undertaken by orders emanating from the
authorizes of the British Government in Cana
da and demanding the discharge of Mcleod
upon the ground that, if engaged in that expe-
dtion, 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
governn ent, the powers Of which are distrlbu-
ted among its several departments by the tun-
| damental law. Happily for the people OF
Great Britain, as well as those of the u. States,
| the only mode by which an individual, arraen-
ed for d criminal offence, before the Courts OF
| either, can obtain his discharge, is by the In
dependent action Of the Judiciary, and by pro-
ceedrgs equally familiar to the courts OF both
countries.
If in Great Britain power exists In the
Crown 10 causc TO be euteaed nofle Prosequt,
which is not the case with the Executive
power Of the United States upon prosecution
pending in state court, get 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 atwhich such
order may be made in matter of municipal
regulation exclusively, and not to be complain
ed of by any other Government.
In cases of this kind, Government becomes
politically responsible only when Its tribunals
of last resort are shown to have rendered un-
just and injurious judgments in matters net
doubtful. 10 the establishment Of an eluci-
dalion of this principle no nation has lent its
authority more efficiently than Great Britain
Alexander Mcleod having his option either to
prosecute a writ of error from the decision
of the Supreme Court of n. York, which had
been rendered upon his application for dis
charge, to the Supreme Court Of the United
States, or to submit his case TO the decision OF
jury, preferred the latter, deeming it the rea-
diest mode Of obtaining his liberation, and the
result has fully sustained the wisdom Of his
choice. The manner in which the issue sub
mited was tried will satisfy the English Gov
eminent that the principles of justice will nev-
er fail to govern the enlightened decision OF an
American tribunal. l cannot fail, however, to
suggest to Congress the proprlety, and in some
degree, the necessity, of making such provis-
ions by law, so far as they may constitutional
" do SO, for the removal at their commence
ment and at the option Of the party. of all such
cases as may hereafter arse, 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 main
tenance of peace and the preservation Of ami
cable relations with the nations of the earth,
and ooght TO possess, without question, all the
reasonable and proper means of maintaining
the one and preserving the other. Whlstjust
confidence is felt In the judiciary of the States,
yet this Government ought to be competent in
itself for the fulflment of the high duties
which have been devoved upon it, 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 United States, and forcibly seized upon
the person of one Grogan, and under circum-
stances Of great harshness hurriedly carried
him beyond tho limits of the United States,
and delivered him up to the authorities Of Up
per 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 nation with whom we are at
peace, and which was not more due to the
rights of the United States, than to its own re-
gard for justice. The correspondence which
passed between the Department of State and
the British envoy, Mr.. Fox, land with the
Government of Vermont, as soon as the facts