JOHN TYLER.

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.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler · 第 89 / 403 题