Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1842-01-08
Is at the door, and ! must hurry on &c
Washington. Governor Kent has called
out the Sd division Of the militia.
Yours, &c.
JOSEPH FAIRBANKS.
EXTRACTS FROM THE PRESIDENTS
MESSAGE.

-
ties with which the people haze charged
us, severally, we find great occasion 10
rejoice in the general prosperity Of the
country. We are in the enjoyment Of all
the blessings Of civil and religious liberty,
with uncxampled means Of education.
knowledge and improvements. Through
the year which is now drawing 10 a close.
peace has been our borders, and plenty in
our habitatlons; and although disease has
visited some few portions Of the land with
distress and mortaliiysget inlhe general
the health Of the peoples has been presses. .
we'd, and we are called upon, by the high
est obligations o(duty, TO renew our thanks
and our devotion to our Heavenly Parent,
who has continued to vouchsafe to US the
eminent blessings which surround us, and
who has so signally crowned the year
with his goodness FIVE find ourselves
Increasing, beyond Example, in numbers,
IN strength, in wealth, in knowledge, in
every thing which promotes human and
social happiness, let us ever remember
our dependence, for all these on the mer.
clIul dispensatlons Of Divine Providence.
Since our last adjournment, Alexander
Mcleod, British subject, who was in.
dictcd for the murder OF an American cit
lzen, and whose case has been the subs
Ject of correspondence heretofore com.
municated 10 you has been acquitted BY
the verdict OF an intelligent and Impair
tiaI jury, and has under the judgment of
the Court, been regularly discharged.
Great Britain having made known TO
this government that the expedition which
was fitted out from Canada for the de.
struction Of the steamboat Caroline, in
the winter Of 1887, and which resulted in
the destruction Of said boat, and in tho
death Of an American citizen, was under.
taken by orders smanating from the
British government, in Canada, and de.
handing the discharge of Mcleod on the
ground that il engaged in the expedition,
he did but fulfil the orders of the govern,
ment, has been answered in the only way
which she could be answered by a GOV,
the powers OF which are dlstri.
buied among its several departments by
The fundamental law. Happily for the
people Of Great Britain, as well as those
of the United States, the only mode by
which an individual, arraigned for Grim.
nal offence, before the courts of either,
AN obtain the discharge, is by the in {
dependent action of the judiciary, and by
proceedings equally familiar to thc:courts
t both countries.
lin Great Brltaina power exists in the {
;rown to cause 10 be entered "nole I
rosequI," which is not the case with the i
Executive power Of the U. States upon a t
roseculion pending in a State Court
ct there, no more than here, can the
re chief Executive power rescue a pris- t
m T5raf custody without an order or
Q proper tribunal directing his dis |
large. The precise stage Of the pro- 0
edlngs at which such order may be
ade, is a matter Of municipal regulation Q
and not to be complained of |
any other government. In cases Of I
lsIklnd, government becomes political< '
responsible only, when its tribunals of t
81 resort are shown 10 have rendered ,
ljust and injurious judgments in matters {
i doubtful. To tho establishment and t
lcidation of this principle, no nation has S
At its authority more efficiently than I
reat Britain. Alexander Mcleod hay, i
9 his option either 10 prosecute writ |
error from the decision Of the Supreme Il
'urt Of New York, which had been rem v
red upon his regular application for a S
scharge to the Supreme Court Of the
nited States, or to submit his case to the
cision OF jury. preferred the latter, t
eming it the readlest mode Of obtains }
& his liberation, and the result has c
lily sustained the wisdom Of his choice. '
he manner in which the issue submit I
d, was tried, will satisfy the English
oyernment that the principle of justice I
i'll never fail to govern the enlightened !
cieion Of an American tribunal. can .
II fail, however, TO suggest TO Congress
c propriety and in some degree, the ne G
ssity, of making such provisions by law,
far as they may consttutionally do so, 9
+ the removal at their commencement, {
ID atthe option of the party, Of all such t
SEES as may hereafter arise, and which I
ay involve the faithful observance and .
.ecution Of ourinlernational obligations, Z
ON the state 10 the Federal Judiciary.
he government, by our institutions, is '
argod with the maintenance of peace q
ID the preserving Of amicable relations 9
th the nations Of the earth, and ought Y
possess, without question, all the rea- e
nable and proper means of obtaining 0
one and preserving the other. Whilst 4
It confidence is felt in The Judiciary of p
States, yet this government ought to P
competent in itself for the fuilment OF p
0 high duties which have been deyolved p
on it under the organic law by the A
ltes themselves. c.
In the month of September, a party Of fl
med men from Upper Candada invad- 70
the territory of the United States, and BY
chilly seized upon the person Of ono CO
ogan, and under circumstances of great te
rshncss, hurricdly carried him beyond til
, limits Of the United States, and de. Ia