WASHINGTON, _March 8, 1842_.
_To the Senate and House of Representatives_:
In my message of the 7th of December I suggested to Congress the
propriety, and in some degree the necessity, of making proper provisions
by law within the pale of the Constitution for the removal at their
commencement and at the option of the party of all such cases as might
arise in State courts involving national questions or questions touching
the faithful observance and discharge of the international obligations
of the United States from such State tribunal to the Federal judiciary.
I am urged to repeat at this time this recommendation by the receipt of
intelligence, upon which I can rely, that a subject of Great Britain
residing in Upper Canada has been arrested upon a charge of connection
with the expedition fitted out by the Canadian authorities by which the
_Caroline_ was destroyed, and will in all probability be subjected to
trial in the State courts of New York. It is doubtful whether in this
state of things, should his discharge be demanded by the British
Government, this Government is invested with any control over the
subject until the case shall have reached the court of final resort of
the State of New York and been decided in that court; and although such
delay ought not, in a national point of view to give cause of umbrage
to Great Britain, yet the prompt and instant rendering of justice to
foreign nations should be placed among our highest duties. I can not,
therefore, in consideration of what properly becomes the United States,
and in anticipation of any demand from a foreign government for the
discharge of one of its subjects, forego the duty of repeating my
recommendation to Congress for the immediate Adoption of some suitable
legislative provision on this subject.