A Compilation of the Messages and Papers of the Presidents - Volume 4, part 2: John Tyler by Unknown
page 77 of 684 (11%)
page 77 of 684 (11%)
![]() | ![]() |
|
|
beyond example in numbers, in strength, in wealth, in knowledge, in
everything which promotes human and social happiness, let us ever remember our dependence for all these on the protection and merciful dispensations of Divine Providence. Since your last adjournment Alexander McLeod, a British subject who was indicted for the murder of an American citizen, and whose case has been the subject of a correspondence heretofore communicated to you, has been acquitted by the verdict of an impartial and intelligent 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 destruction of the steamboat _Caroline_ in the winter of 1837, and which resulted in the destruction of said boat and in the death of an American citizen, was undertaken by orders emanating from the authorities of the British Government in Canada, and demanding the discharge of McLeod upon the ground that if engaged in that expedition he did but fulfill the orders of his Government, has thus been answered in the only way in which she could be answered by a government the powers of which are distributed 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 a criminal offense 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 countries. If in Great Britain a power exists in the Crown to cause to be entered a _nolle prosequi_, which is not the case with the Executive power of the United States upon a prosecution pending in a State court, yet _there_ |
|


