The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1841-12-24

iZen, was undertaken by orders emanatng N
from the authorities of the British Govern !
ment, in Canada, and demanding the dis q
charge Of Mcleod upon :he ground that II
engaged in that expedition, he did but fulfil
the orders ofhis Government, has thus been 5
answered in the only way in which she could
be answered by Government, the powers
of which are distributed amongst its several
departments by the fundamental law. Hap
| piy for the people of Great Britain, as well
/ as those of the United States, the only mode
! by which an individual, arraigned for a Grim
inal offence, before the Courts of either, can
obtain his discharge, is by the independent
action of the judiciary, and by proceedings
equally familiar to the Courts of both coun-
tries.
If in Great Britain power exists IN the
Grown to cause to be entered nOtLe pToSequl,
which is not the case with the Executive !
power of the United States upon a prosecu
ton pending in State Court; yet there, no
more than here, can the Executive power
; rescue prisoner from custody without an
order of the proper tribunal directing his
discharge. The precise stage OF the pro-
ceedings at which such order may be made,
lis matter of municipal regulation exclusive
Ilv, and not to be complained OF by any other
Government.
In cases of this kind, Government be-
comes politically responsible only when It's
tribunals of last resort are shown to have
rendered unjust and injurious judgments in
matters not doubtful. To the establishment
and elucidation of this principle, no nation
has lent it's authority more efficiently than
Great Britain. Alexander Mcleod having
. his option either TO prosecute a writ of error
E from the decision of the Supreme Court Of
z New York, which had been rendered upon
8 his application for a discharge, to the Su-
Dreme Court of the United States, to sub
. nit his case to the decision of a jury, prefer
red the latter, deeming it the readlest mode
of obtaining his liberation, and the result has
fully sustained the wisdom of his choice.
: The manner in which the issue submitted
was tried, will satisfy the English Govern
: ment that the principles OF justice will never
~ fail to govern the enlightened decision OF an
nm American tribunal. | cannot fail, however
e 10 suggest TO Congress the propriety, and, IN
+. some degree, the necessity, of making such
provisions by law, so far as they may consul
tutionalIy do so, for the removal, at theil
commencement, and at the option of the par
Nv. of all such cases as may hereafter arise
and which may involve the faithful obser
Nc vance and execution of our international OBJ
e legations, from the State to the Federal Ju
ar- dietary. This Government, by our instltu
oh lions, is charged with the maintenance o
peace, and the preservation OF amlcable rela
oe lions with the nations OF the earth, and ough
Ia to possess, without question, all the reasona
nts BILE and proper means OF MAINTAINING tn
tod one and preserving the other. Whilst JUS
confidence is felt in the Judiciary OF tn
=" States, yet the Government ought to be com
a petent in itself for the tulhlment of the hlg
lb- duties which have been devoved upon
as under the organic law, by the States them
wo selves.
!. In the month of September, a party G
~ armed men from upper Canada, invaded tn
EN- territory of the United States, and torcibl
,rm seized upon the person of one GrOgan, and
nth under circumstances of great harshness, hun
,rn redly carried him beyond the limits OF tn
0u United States and delivered him up to tn
VIII authorities o. U PIPER Canada. His immediat
ime discharge was ordered by these authorities
upon tie facts of the case being brought
!, their knowedge-a course OF Procedul
rs which was to have been expected from
IS of nation with whom we are at peace, al
which was not more due 10 the rights OF u
on United States, than to its own regard
,tioe Justice. The correspondence which passt
sew between the department. Vi 0tat0 an = "
. IN British Envoy, Mr.. Fox. and with the 10
W. ernor of Vermont, as soon as the facts hi
&c If been made known to this Department, a
Med herewith communicated.
oVe- l regret that 1t is not IN my power 10 ma
now known to you an equally satisfactory concl
our sion in the case OF the Caroline steamer, WI
and the circumstances connected with the
por- struction of which, in December, 1887,
aiitv. an armed force fitted out in the Province
, has Upper Canada, you are already made
n. by uuanted. No such atonement as was
' our for the public wrong done 70 the Unit
,enly States by this invasion Of her territory,
Ife tn wholly irrecOnciable with her rights as
ID us independent power, has yet been made.
wear the view taken by this Government, the
es in Iouirv whether the vessel was IN the emPl
rs. in ment of those who were prosecuting an
every authorized war against that Province, or
han engaged bv the owner in the business
ience transporting passengers to and from M
.rciful Island in hopes OF private gain, which
most probably the case, in no degree al
ander the real question at issue between the
n6ict Governments. This Government can ne
ti7an concede to any foreign Government
of power, except in case of the most urgent
ted 70 extreme necessity, OF invading It's terrlt
ofan either to arrest the persons or destroy
: nm property of those who may have violated
.guI.r- municipal laws of such foreign Governm
or have dsregarded their obligations ari'
to this under the law of nations. The terrltor
h was the United STATES must be regarded al
lion If credy secure against all such inVaslons,
f1897 iii they shall voluntarily acknowledge
ofsaid inability to acquit themselves OF their d'
an Cit to others. And in announcing this s.