Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-09
MESSAGE.

In coming together, fellow-citizens, to enter asa'
,nnn ,he disclaIrc OF the duties with WHICH the PEG
nile have CHARGED us, scveraHy, we hnd great occas'o
10 re;,ice in the general prosperity OF the county.
". ar. in the enjoyment OF all the blessings oil CIV
and religious liberty, with nheSampied "rahs :" ~
cation. knowledge, and Improvement. Through III
year which is now drawing 10 u close, peace mas nce
n onr borders. and plenty in our hahi,ations and al
,houuh disease hos visited some few portions OF VI
lands with distress and mortality, yet, IN general IN
health of the people has been preserved, ana we are d
called upon. by The highest obligations OF duty, 10 re
now our thanks and our devotion 10 our Heavenly la
ron, ubo has continued to v%ouchsaie to us the eiiinei
! BLESSINGS which surround US, and who has so slghai
crowned the year with his goodness. IL we nho oui
selves increasing, beyond example, IN numbers, ,
strength, in wealth, in knowledge, IN every tm"
which promotes human and social happiness, let US eo.
emember our dependence, for all these, on t!nfovi-
lection AVID merclful dispensations OF DiVi"
dence .dcLeod, a
since vour last adjournment, Ale1nndfurder of an
british subject, who was indicted Tor yeen the subject
American citizen, and whose case huhica'eu 10 you,
of a correspondence heretofore eNof an impartial and
has been acquitted by the verd' the Judgment of the
intelligent Jury, and has, uFged.
Court, been regularly disde known to this Govern
Great Britain havinDn which was fitted out from
men, that the exphction Of the steamboat Caroline,
Canada for the Gl7, and which resulted in the destruc-
IN The winler.f, and in the death ofan American ci,I,
! ton OF saidartaken by orders emanatng from the an'
zen, wasf the British Government, in Canada, and de-
r ,horilig The discharge or Mcleod upon the ground
mg il engaged in that expedition, he did but fulfil the
ltders of his Government, has thus been answered IN
the only way in which she could be answered by a Go
vernment, the powers of which are distributed among
lis several departments by the fundamental law. Hap
PLY for the people Of Great Britain, as web as those oi
The United States, the only mode by winch an indlviuuai
arraigned for 4 criminal offence, before the Courts oil
either, can obtain his discharge, is by the independent
action Of the judiciary, and by proceedings equally IL
miIiar TO the Courts Of both countries.
If IN Great Britain a power exists in The Crown to
cause 10 be entered n notic proscqni, which IS not the
case with the Executive power oil The United states
upon a prosecution pending in q State Court: yet
there, no more Than here, can the Chez Executive
mower rescue a prisoner from custody without an or
der of the proper tribunal directing his discharge
The precise stage Of the proceedings nj which such
order may be made, is n natter oil municipal regula-
ton exclusively, and not TO be complained oil BY any
other Government. In cases Of this kind, u Govern.
ment becomes politically responsible only, when It's
tribunals of last resort are shown TO have rendered
unjust and injurious judgments IN matters not doubt
full. To the establishment and eiuc'dation OF thus
principle, no nation has lent It's authority more eill-
GENTLY than Great Britain. Alexander Mcleod hay
wing his option either 10 prosecute 4 writ Of error from
The decision of the Supreme Court Of New York, which
had been rendered upon his application for j discharge
10 the Supreme Court Of the U. s., or 10 submit his case
10 the decision of jury, preferred the latter, deenlng
il the readiest mode Of obtaining his liberation, and the
result has fully sustained the wisdom Of ms Choice
The manner in which the issle submitted was tried
will satisfy the English Government that the princi-
pies OF Justice will never fail TO govern the enlightened
decision of an American tribunal. cannot iail, how
ever, TO suggest TO Congress The pfoPriely, ana, III some
degree, The necessity, Of making such provisions by
law, SO far as they may cuns,ituiionally do SO, Tor the
removal at their commencement, ana al Tie opuon OF
the party, Of all such cases as may hereafter arise, anl
which may involve the faithful observance and execu'
ton of our International obligations from the State te
HE Federal Judiciary. This Government, 10y our III
s,itu,ions, is charged with the maintenance oil peace
and the preservation of amicable relations with The
nations of the earth, and ought to possess without ques
ton, all the reasonable and proper means oil MAINTAIN
ing the one aud preserving the other. Whilst Just con
fdence is felt in the Judiciary of the States, yet tins Go
vernment ought to be competent in itself Tor the iulhl
ment of the high duties which have been devolyed up
on il under the organic law by The States themselves
In Ike month Of September, a party Of armed mel
from Upper Canada invaded the territory Of The U. ).
and forcibly seized upon the person oil one Grogan, and
under circumstances of great h~arshness, hnrrledly car
ried him bey ond The limits ofthe u S, and delivered hin
up to The authorities Of Upper Canada. His immediate
discharge was ordered by those authorities, upon tn
facts Of The case being brought to their knowledge
course Of procedure which was TO have been expected
from a nation with whom we are at peace and who
was not more due to the rights Of the U. S. than to IL
own regard for justice. The correspondence who
passed between the Department Of State aud The Bri
fish Envoy, MIR. Fox and with the Governor Of Yer
mont, as soon as the facts had been made known L
this Department, are herewith communicated.
| regret that it is not in my power TO make known
TO YOU an equally satisfactory conclusion in the case Q
the Caroline Steamer, with The circumstances connect
ed with the destruction Of which, III December, lc3'
by an armed force fitted out in the Province OF uppc
Canada, you are already made acquainted. No sue
atonement as was due for tile public wrong done TO III
United States by this invasion Of her territory, so who
10 irrpconcIlable with her rights as an lnue pcnutI
+ power, has yet been made. In the view taken by tn
Government, the enquiry whether the vessel was
the employment OF those who were prosecuting an vi
authorised war against that Province, or was engage
by the owner in the business Of transporting passenger
to and from Navy Island in llnpes Of private gain, whic
was most probably the case, in no degree alters the rel
question al issue between the two governments. TN
Government can never concede to any foreign GoVerI
f ment the power, except IN a case OF the most urseh
and extreme necessity, OF invading lis territory, eilhe
10 arrest the perso ms or destroy the property oil thos
who may have violated the municipal laws of such IL
reign Government, or have disregarded their oblgf
tons arising under the law of nations. The territor
of the United States must be regarded as sacredly Sc
cure against all such invusions, until they shall volur
tarily acknowledge their inability 10 acquit themselye
Of their duties to others. And in announcing this ser
timent, do but affirm a principle which no nation o
earth would be more ready TO %yindicate, at all hazard
than the people and Government of Great Britain.
If, upon a full investigation Of all the facts, it sha
appear that the owner Of the Caroline was governe
by a hostile intent, or had made common cause WI
those who were in the occupancy Of Navy lsian'
then, so far as he is concerned, there can be no ciaiI
to indemnity for the destruction Of his boat, who
this Government would feel itself bound to prose
. cute-since he would have acted not only in deros'
o ton of the rights of Great Britain, but in clear VI
lation Of the laws of the United States but that
T a question which, however settled, in no manner II
p wolves the higher consideration of the violation
\ territorial sovereignty and jurisdiction. To recoe
. n;se it as an admissible practice that each Govern
men,, in its turn, upon any sudden and unau,horlze
outbreak, which, on a frontier, the extent Of who
u renders it impossible for either 10 have an eiicIeI
force on every mile of it, and which outbfea'
therefore, neither may be able 10 suppress in a day
may take vengeance into his own hands, and withou
even a remonstrance, and in the absence OF an
= pressing or overriding necessity, may invade the teri
tory of the other, would inevitably lead 10 results equa
ly 10 be deplored by both. When border collisions com
10 receive the sanction, or 10 be made on the auiliori'
of either Government, general war must be the 'nev
table result. While it ID the ardent desire Of the u. :
to cultivate the relations of peace with all nations, an
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