Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-13
PRESIDENTS MESS AGE,
To the Senate and House Of Representatives
Of The United States:


charged sevcTay, find great occasion rejoice
the general prosperity Of the country.-Ne In the
enjoyment oil all the blessings of civil and religious liberty
with uncNampled means oi education, know ledge, and
Improvement. Through the year which is drawing
to close, peace has been in our borders and plenty in
our habatlons and although disease has visited
few portions of the land with distress and mortality yet
in general the health OF the People has been preserved
and we all called upon. by the highest obligations OF
duty, To renew our thanks and devotion to lca
venly Parent. who has continued voucsale 10 us the
eminent blessings which surround us. and who has
sgnay crowned the year with his goodness FIVE find
ourselves increasing beyond example. III numbers. in
strength in wealth, IN knowledge IN every thing which
promotes human and social happiness let remcm-
Der our dependence, Tor all these the protection and
mereitu dlspcnsations of Divine Providence.
Since your last adjournment. Alexander Mel .eod, a
British subject, who indicted for the murder OF an
mercan citizen, and whose has been the subject of
correspondence heretofore communicated to YOU, has
been acquitted by the verdict of an impartial and nell
gent Iurv and has under the judgment of tho Court been
rHgularly discharged.
Great Britain having made known to this Government
that the expedition which fitted out from Canada for
the destruction of the steamboat Caroline in the winter
OF 1887, aud which resulted III the destruction said
boat, and in the death oian American citizen,
dcriaken by orders emanatlng from the authorities of the
British Government, in Canada, and demanding the dis
charge OF Mcleod upon the ground that 1t engaged
that expedition he did but fulfil the orders of his Govern
mcnt has thus been answered IN the only way which
she could be answered by Government. the powers
which distributed among its several departments BY
the fundamental law. Happily for the people of Great
Britain, we'll those OF the United States, the only
mode by which an individual aIrqncd ior criminal
offence, before the Courts OF either obtain his dis
charge is by the independent action of the judiciary and
by proceedings equally familiar to the Courts OF both
countries.
Ii in Great Britain power exists in the Crown to
cause to be entered nellie troseqd, which is the
case with the Executive power OF the nled States up
on prosecution pending State Court; Vet there, no
more than here can the clle Executive power
prisoner from custody without order othe proper
bunal directing his discharge. The precise Stage of the
proc, 'nes At which such order may be made, a matter
of municipal regulation exclusively and to he
planned OF by any other Governments In eases Of tins
kind. Government becomes politically responsible only.
when lis tribunals II last shown 10 have rem
dtred unjust and injurious judgments M matters not doubt
iul. 10 the establishment and elucdaon of this prin-
cple nation has lent It's authority efficiently than
Great Britain AlcNandc Mel cod having 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. to submit his 10 the decision
ct iury preferred the latter decmng ii the eadiest
mode of obtaining has liberation, and the result has fully
sustained the wisdom of his choice. The manner in
which the issue submitted tried, viii satisfy the
English Government that the principles of justice viii
never fail TO govern the englitcned decision oiau A
mencan tribunal- cannot fail. however 10 suggest TO
Congress the propfiey, and, in degree. the
~, Of making such Provisions by law. far they
consttuonaIly do So for The removal at their commence
mcn and at the option Of the party, Of all such
may hereafter arise and which may involve the faithful
observance and execution Of International obligations
from the State To the Federal Judiciary This Govern
mcnt. by institutions. is charged with the mante
nance OF peace and the preservation OF amcabe relations
with the nations of the earth, and ought possess. with
out question. all the reasonable and proper OF
maintaining the one and preserving the other Whilst
Just confidence felt in the Judiciary OF the States yet
this Government ought to be competent in itself for the
tument Of the high duties which have been deyolved
upon under the organic law, by the States themselves.
In the month of September, party OF armed men from
PIPER Canada invaded the territory of the nltod States
and tprcbly seized upon the person OF one Grgan and
under circumstances OF great harsncs, hrrcdy carried
him beyond the limits Of the ned States and deliver
ed him up the authorities of PIPER Canada lis i'm
mediate discharge ordered by those authorities upon
the facts OF the being brought To their knowledge
course OF procedure which to have been expected
from nation with whom at peace and which
due the rights OF the United States than
It's own regard for Justice The correspondence which
passed between the Department of State, and the British
Envoy, Mr. Fox, and with the Governor Of Vermont as
the facts had been made known to the Depart
ment. are herewith communicated.
| regret that it is not in my power to make known
/ to You equally satisfactory conclusion in the Of
the Caroline steamer with the circumstances connected
with the destruction of which, in December. 1887. by
an armed force fitted out in the Province Of Upper Can
ada. YOU already made acquainted. No such atone
mcnt was due for the public wrong done to the United
States by this invasion OF her territory, wholly ire
concablc with her rights an independent power has
vet been made. In the view taken by tins Government,
the inquiry whether the vessel was in the employment
of those who prosecuting an unauthorized war a
gans that Province, or engaged by the owner IN
the business otransportng passengers to and from Navy
Island hopes of private gain which most probably
the case degree alters the real question at Issue
between the two governments. This Government can
IppVpr IN my rpiu
cept in Of the urgent and extreme necessity
of invading its territory. either arrest the persons
destroy the property Of those who may have violated the
municipal laws of such foreign Government. have dis
regarded their obligations arising under the law of ma
tions The territory of the United States must be
gaded sacrcdly secure against all such nvasons
til they shall voluntarily acknowledge their inability To
acquit themselves of tlei duties others. And in
nouncing this sentiment. | do but affirm a principle
which nation earth would be more ready to yindi
cate at all hazards, Than tho people and Government Of
Great Britain.
II, upon full investigation Of all the facts IL shall
appear that the owner Of the Caroline was governed by
hostile intent. had made common with those
who in the occupancy of Navy Island then far
he is concerned. there be claim to indemnity
for the destruction of his boat which this Government
would feel itself bound to prosecue--snce he would
have acted only in dcrogstion of the rights of Great
Britain. but in clear violation of the laws of the United
States but that is question which. however settled,
involves the higher consideration of the vi
olation of territorial sovereignty and Jurisdiction To
recognise admissible practice that each govern
mcn in It's turn upon any sudden and unauthorized ont
I hr1al tho tfF, -bIphr