New-York tribune., 1841-05-19
NEw-YoRK, WEDNESDAY, MAY 10, ls4I.

Dispositions of James H King, C. F Harding and ye or
SIX others were read confirming that OF Capt. Appleby
Mr. Hull then read the remainder of Mr.. For;yh's note
10 Mr. Fox, OF December, %, lsi1 Of which part
read by McLeods counsel yesterday In The part read
M Forsyth the jurisdiction the several
States and the right Of NewYork take judicial cogni-
zsnce of this maer-denies the power of tho Federal gov
interfere, and its duty do even if it had
right asserts the existence Of distinct methods Of
redress, by the National Government for the National
wrong the other by the State of NewYork for the wrong
done that State, &C. and argues support of the course
taken by the tribunals OF New-Y York, &c.
Mr. Hall said that the testimony in behalf of the people
then closed deemed sufficient TO present
p,ima tacie in testimony.
Mr. BRADLEY, one OF the Prisoners Counsel then rose
address the Court In consequence of Ill health he said
he etunabe go fully into The merits Of this case, and to
discharge the high duty Of arguing great questions COM
pared with which the question OF peace or var was
of secondary importance: This, he said the first at
tempt ever made any court, hold individual re-
sponsibe the municipal tribunals OF government for
acts done in obedience another-and that other his
If this principle were sustained and infused the code
Of nations revolution would ensue the consequences of
which no eye could oresee, and judgement rightly est
mate.
He then recapituated the facts developed the testimony
presene, Monday stating them follows That Cana
da distant extremity of transatlantic monarchy, with
local powers fully adequate to her situations along her
Southern border IS country with different Institutions,
whose people ardeny attached to their republican
principles and desrous of seeing them widely dhuscd
Meetings were held, attended by ef respecabIty ad-
dresses delivered recruits beaten up, and provisions
solicited and contributed and Navy Island occupied mostly
by citizens of this republic The object OF all these trans
actions population Of more than hali mil
lion against nation whose f.rtresses belt the globe
Schosser point of communicate between ths Navy
Island and shore the the former place looked
for supplies and they had good cause thus to
look; for arsenas had been broken OPEN our arms
pundered and the spirit prevailed all along the bo
der from Buffalo to Vermont The motive for all this was
known and proclaimed
At the time of the Carolincs Destruction Canada was at
peace but these preparations amply warranted the belief
that she would not long remain The apprehenslons OF
her people were aroused aud well might they beor what
chains were ever ghlened by unsuccessful effort TO cast
them off !- was necessary their safety that this
munlcaion between Navy Island and Schosse should be
closed Beyond the imaginary line separating Canada from
the [. s. her would protect the Caroline within
that line she relied upon the neutrality of the United States
for safety Thus was neutrality made the strongest arsu
ent by one nation invading the territory OF another
To close this communication, force organized by
the Canadian authorities and despatched to capture the
Caroline of those board this boat fell, some fled
the boat herself turned the current, and sent
the cataract hr adveniurcrs turned back, and beacon
lights blazed along the Shore guide them to their friends
Mr. Bradley said that he would here pause tell the
sci on the other side, that whatever eloquence they might
have spare upon thsa unauthorized aggression OF our
territory would be well bestowed Such the view taken
of the transaction by Minister the Court OF ST James
such were the of Gov Marcy and OF a; auhorl-
ties and he rzs,ed the counsel the other side would
ever be animated by the zeal in behalf OF their couR-
trs rights In making good that position, said Mr. Wood
they establish our own mus be borne in mind that ncu
traty can only be preserved and only be violated by
nations individuals, agents of their government only,
can do BOTH and then the nations become responsible
then becomes OF public toceoi one sovereign state
done upon another. The doctrine 10 which this re-
solves itself is that allegiance is duty which all men
and upon which all civilized nations insist and which they
universally recognize When under duress of thar
allegiance violates that ncuality the government; whose
agent he was only becomes responsible
The prisoner is charged with murder in the first and
cond degrees and with having been accessary after the
fact In order to fasen this upon him. it be proved
that his conduct was purely voluntary; thai must
have been uncaused by ANY restraint either physical which
allows no power, or POLITICAL which allows right act
otherwise.
This leads 10 the question how far nations will recognize
the duty of obedience which subjects Of other nations owe
70 heir own country Some preliminary considerations
were to be regarded previous to the discussion OF this
matter.
pu5ics.s all refer to state of nature for modelo the
rights and duties of nations IN that state all men are equal
alike independent; each gives no law because he has ne
Inferior and receives none for there are none s6ove HIM
In matters of right he consas on his own conscience
in matters Judgement his own understanding IN matters