Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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 no
more than here can the chief executive power rescue a prisoner from custody
without an order of the proper tribunal directing his discharge. The
precise stage of the proceedings at which such order may be made is a
matter of municipal regulation exclusively, and not to be complained of by
any other government. In cases of this kind a government becomes
politically responsible only when its 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 its
authority more efficiently than Great Britain. Alexander McLeod, having his
option either to prosecute a writ of error from the decision of the supreme
court of New York, which had been rendered upon his application for a
discharge, to the Supreme Court of the United States, or to submit his case
to the decision of a jury, preferred the latter, deeming it the readiest
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 Government that the principles of justice will
never fail to govern the enlightened decision of an American tribunal. I
can not fail, however, to suggest to Congress the propriety, and in some
degree the necessity, of making such provisions by law, so far as they may
constitutionally do so, for the removal at their commencement and at the
option of the party of all such cases as may hereafter arise, and which may
involve 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 amicable relations with the nations of the earth, and ought
to possess without question all the reasonable and proper means of
maintaining the one and preserving the other. While just confidence is felt
in the judiciary of the States, yet this Government ought to be competent
in itself for the fulfillment of the high duties which have been devolved
upon it under the organic law by the States themselves.
Public-domain text, read in full here on John Shaqi.
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