Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1841-12-16

I T-
which had been rendered upon his application
! for discharge, TO the Supreme Court Of the
! United States, 10 submit his case to the dec-
sion Of jury, preferred the latter, decmingit the
! readiest mode Of obtaining his liberation, aud
the result has fully sustained the wisdom Of his
! choice.
The manner in which the issue submitted was
tried will satisfy the English Government that
/ the principles Of Justice viii never fail to govern
| the enlightened decision Of an American tribunal.
! | cannot fail, however, to suggest TO Congress the
proprety, and IN some degree, the necessity, Of
making such provisions by law, far as they
may do so, for the removal, at their commence
ment, and at the option of the party, of all such
cases may hereafter arise, and which may in
volve 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 maintenance
OF peace and the preservation Of amieable rela-
! lions with the nations of the earth, and ought 10
possess, without question, all the reasonable and
| proper means of maintaining the one and pre-
serving the other. Whilst Just confidence is fell
| in the Judiciary Of the States, yet the Govern
ment ought to be competent in itselffor the fulfil
ment Of the high duties which have been devolY
ed upon it, under the organic law, by the States
| themselves.
In the month of September, a party of armed
men from Upper Canada invaded the territory Of
the United States, and iorclby seized upon the
person of one Grogan, and under circumstances
Of great harshness, hurrledly carried him beyond
the limits oftlle United States, and delivered him
up to the authorities of Upper Canada. His I'M
mediate discharge ordered by those authori
ties upon the facts of the case being brought to
their knowledge-a course of procedure which
was to have been expected from a nation with
whom at peace, and which was not more
due to the rights Of the United States, than to its
| rorI met hD n6pnc 20
which passed between the Department of State,
and the British Envoy, Mr. Fox, and with the
| Governor of Vermont, as soon as the facts had
been made known to this Department, are here
| with communicated.
! regret that it is not IN my power 10 make known
to You equally satisfactory conclusion in the case
of the Caroline steamer with the circumstances
connected with the destruction of which, in Deem
Der, 1887 by an armed force fitted out in the Prov
ince of Upper Canada, you are already made ac
quanted. No such atonement as due for the
public wrong done 10 the United States by this in
yason of her territory, so wholly rreconcable with
her rights as an independent power, has yet been
made In the view taken by this Government, the
inquiry whether the vessel was IN the employ
of those who were prosecuting an unauthorized war
against that Province, o. was engaged by the owner
10 the business of transporting passengers 10 and
! fIom Navy Island in hopes Of private gam which
was most probably the case, in 10 degree alters the
real question at issue between the two governments
This Government can never concede 10 any foreign
| Government the power, except IN case OF The
most urgent and extreme necessity, of invading lis
territory either 10 arrest the persons or destroy the
property Of those who may have violated the NUM-
| cipa laws ofsUch foreign Government, or have dis
regarded their obligations arising under The law of
nations he territory Of the United States must
be regarded as sacredy against all such in
vasions. until they shall voluntarily acknowledge
their inability to acqut themselves of their duties 10
Others Aud in announcing this sentiment, do but
affirm principle which no nation earth would be
more ready to vindcate at all hazards, than the
people and Government of Great Britain
If upon full investigation Of all the facts 1t shall
appear that the owner oltho Caroline was govern
ed by hostile intent, or had made common cause
with those who We're in the occupancy OF Navy Is
| land then, SO far he IS concerned, there he
no claim to nemnlty for the destruction Of bis boat,
| which this Government would feel itself bound 10
prosecute-snce he would have acted not only in
derogation of the rights Of Great Britain but in clear
violation Of the laws of the United States; but thai
is a question which, however settled, ia manner
involves the higher consideration o. the violation Of
| territorial sovereignty and jurisdiction. To recog-
| Mise il as admissible prac llce that each govern
ment in s turn, upon any sudden unauthorized
outbreak, which, frontier, the extent of which
renders it impossible for either 10 have an efficient
| force on every nile OF IL, ana winch outbreak,
therefore, neither may be able 10 suppress in day,
may take vengeance INTO his own hand, and without
even a remonstrance, and in the absence of any
pressing or everything necessity, may invade the ter
rory Of the other, would inevitably lead TO results
equally to be deplored by both.
When border collisions come to receive the sane
tion or to be made on the authority Of either gov
ernment general war must be the inevitable
ult While it is the ardent desire of the United
States to cultivate the relations of peace with all
nations and to fulfil all the duties Of good neigh
bors towards those who possess territories adjon-
| inr their own that very desire would lead them
to deny the right of any foreign power to invade
their boundary with an armed force. The cor
rcspondence between the two Governments on
this subject will, at Il future day Of your session,
be submitted to your consideration and in the
mean time, cannot but indulge the hope that
the British Government will the proprety of
renouncing, as rule of future action, the preced-
cnt witch has been set in the affair at Schlosser.
herewith submit the correspondence which has
recently taken place between the American Min
lister at the Court of St, James, Mr. Stevenson,
and the Minister of Foreign Affairs of that Gov
eminent, on the right claimed by that Govern
ment to visit and detain vessels sailing under the
American flag and engaged in prosecuting law
full commerce in African seas. Our commercial
interests IN that region have experienced consid-
cradle increase, and have become an object of
much Importance, and it is the duty OF tins Gov
| ernmcnt to protect them against al! improper and
4 vexatous interruption. However DESTROYS the
United States may be for the suppression of the
slave trade, they cannot consent to interpretations
into the maratme code, at the mere will aud
Measure of other governments. We deny the
r o1oto 10, ana oil