Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-12-17
MESSAGE.
To the Senate and House of Representa-
tivcs of the United States

which the people have changed us severally
we find great occasion to rejoice in the gene.
raj prosperity of the country. We are i'll the
enjoyment of all the blessings of civil and re-
ligious liberty, with uneXampled means OF
education, know ledge and improvement
Through the year which is now drawing to
n close, peace has been in our borders, and
plenty in our habitations; and although dis
rasc HIS visited some few portions Of ouI
ilud with d.ai,t+s and mortality, yet in gen.
o,al The health II our people has been pre-.
SERVED, and we are all called upon, by the
highest obligations Of duty, TO renew ouI
thanks and our devotion To our Heavenly
Parent, who has continued TO vouchsafe 10
us the eminent blessings which surround us,
and who has so signaly crowned the year
with his goodness. ii we find ourselves in
creasinr, 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,
for all these, On the protection and mercfuI
dispensations of Divine Providence.
Since your last adjournment, Alexander
Mcleod, a British subject, who was indicted
for the murler OF ar American citizen, ant
whose cas-. has been the subject of 4 cores
pondcncc heretofore communicated 10 you
has been acquitted by the verdict OF an i'm
partial and Intelligent jury, and has, under
The Judgment Of the Court, been regularly
discharged
Great Britain having made known 10 Til:
Government that the expedition which was
fitted out from Canada for the destruction OF
the steamboat Caroline i'm the winter of 1887
and which resulted in the destruction of said
boat and in the death of an American Cit.
zen, was undertaken by orders emana,lng
from the authorities of the British Govern
ment, in Canada, and demanding the dis.
charge of Mcleod upon the ground that, il
engaged 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 Il Government, the
powers Of which are distributed among lis Sc
velal departments by the fundamental law.
Happily Tor the people OF Great Britain, as
well as those of the United States, the only
mode by which an individual, arraigned fol
a criminal offence, before the courts Of either
can obtain his discharge, is by the indepen-
dent action of the judiciary, and By proceed.
ings equally familiar TO the Courts of both
countries.
If in Great Britain a power exists in the
Crown to cause 10 be entered Il Nullc Prose
qui, which is not the case with the eNocu
five mower of the I'ni,rd States mama uro
sccution pending in a state court. We, there
no more Than here can the chief cxccu,iye
mower rescue prisoner from custody wi,bou
an order of # he tribunal directing his dis
charge. The precise stage Of the proceed
inrs at which such order NAV be made. is 4;
matter of municipal regulation exclusively
and not To be complaiucl cf by any o,lert;o
yernment. In cases Of this Kind n govern
ment becomes POLITICALLY RESPONSIBLE oul,
when lis tribunals of last resort are show
70 have rendered uniul and iniurious iudr
ments in matters not doubtful. To the es
tablshment and calculation of this principle
no nation has lent It's authority more etiicien,
" than Great Britain. Alexander NIcL,o,
having his option either 70 urnsccu,c wri
of error from the Suureme Cnur, Of \. York
which had been rendered upon his applica
ton for d scharge. to the Supreme Court O
,hc limited States ar to submi, his ease in I'll,
decision Of jury, preferred the latter, deem
ing it the rcadest mode Of obtaining his lib
CITATION, and the result has fully sustained tn
wisdom OF his choice.
The manner IN which the issue submite,
was tried, will satisfy the English Govern
ment that the principles of justice will neve
fail 10 govern the enlightened decision Of al
American tribunal. cannot fail, however
to suggest TO Congress the proprlety, and, il
some degree, the necessity, OF making sucl
provisions by law, so Tar they may do SO
lor me removal al Their commencement, an
al The option OF the party, OF all such case
as may hereafter arse, and which may in
voIvc the faithful observance and cXecntio
OF our international Obligations, from III
State TO the Federal Judiciary. This Govern
ment, by our institutions, is charged with tn
maintenance OF peace and the preservation G
amlcaJIc relations with the nations of III
earth; and ought TO possess, without question
all the reasonable and proper means OF mair
tanning the one ana preserving the othe
Whilst Just confidence Is felt III the judicar
oI the S'a'"s, yet this Government ought t
be comie;'at IN itself for the fulilment {
lie h-e atues which have been devolye
uPoh Il under the Organic law, BY the Stat,
themselves.
In the month of SeutemLer. n Marty ,
aimed men from Canada ;nvsJeJ IL
territory of the Tni,ed States and fn,cihI
seized upon the person If one Groo,n -,
under circumstances Of great harshHess I'm
riedly carried him bey0nd the lnn;,s If H.
United States and delivered hin, ~, ~, a.
authorities of Conal, liz ;,n,r,o,!r,,o \;
chorr, ,,.,s o,JoroJ L,, A., .'n'i.. VI