The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-10-19

and. We shall con nd then tba, the boat while
at Schlosser there for as hostile purposes at
Navy Island. and that the British authorities were
therefore as much justified in destroying her there
as if she had been at 40 Inter place, and ask
every American citizen if he would have regarded
the destruction of the boat at Navy Island OF.
fence? Night not the Island have been justifaby
invaded and the persons on it taken prisoners, and
slaughtered without the persons invading it be.
ing chargeable with the crime Of murder, any
other offence against the laws Whatever? Whether
the strangers on the Island right wrong is
wholly immaterial. Whether the British govern
ment had been tyrannical and had drawn those
people TO desperation is wholly immatetial. The
Canadian subjects of Great Britain had seen
INT TO revolt and with the aid ofAmerican citizens
had made open war in Canada, and whether they
were right or wrong, it is and all tho rights
and all the rights and immunitios that belonged TO
those engaged In a pertaired to them. We
VIII snow TO you, gentlemen, that the government
OF the United States took this view of the case,
mat they took cognlzanco OF the offence, and de-
manded reparation from the government of Great
Britain, and that ut later day the British Govern
ment acknowledged the responsibility OF that act
and declared that it was done in obedience to the
British provincial government, and justified 1t as a
necessary act, for the protection Of the subjects f
Great Britain then living in Canada The Federal
government then made the Constitutions had taken
full cognzauce of the whole matter embracing no I
only the invasion of territory but also the de-
slruction of the steamboat, the property of one of
our citizens and the taking away of the life of an
other. All, all these considerations were present
ed TO the notice of Great Britain, and our govern
mcnt mindful of tho nations rights; and ready TO
vindlcate them, had demanded full and entire sat
Istaciion for the injury which country had re-
ceived. But the individual who formed part of
that public force of Great Britain stands excused
as he always must from all the consequences Of her
actions under those orders. AS an individual OIL
fender he Is not answerable to any tribunal.
Passing from this will now take up another
branch Of the case, and when am we'll persuaded
the intelligent Judge who presides here and my Sc
shall have no difference of opinion, whatever may
be our views OF the other features of The case. and
this teniold more deeply interesting mixture of
constitutional right, and that of the points as to
whether Mcleod had any thing to do with this
transaction or not am willing and intend to
call your attention more infinitely 10 the evidence
sustaining that ground of Defence than to that per-
tainIng 10 the other position which we have assum
is not in any degree susceptible of dispute Every
word Of evidence given in the part of the prosecu-
ton has gone to establish one case and what is
yet to come will only confirm what has been shone
already. But the point TO which 1 call you now is
that Alexander Nc Leod had no moro TO do with
the destruction Of the Caroline or with the killing
of Durfee than either Of you gentlemen of the jury
Not any more. And speak with knowledge of
tI,af mad a., n 4
is fully and literally true.
confess that am somewhat surprised by this
result of the trial which have yet seen. | an
ticipated much greater strength the part of the
prosecution | will say to the Attorney General
ifi am honored with his audonce--l will say to
his associate, that am astonsbed the feebleness
of their cause, conducted as it has been with such
an array of talent. Without making any extrava-
giant pretenons to that sort of skill in matters of
this kind, yet would venture fearlessly to enter
on the argument on the evidence as 1t is now be-
fore you, without the slightest dread OF verdict
against my client. But am NOT at liberty to play
at hap hazard in such as this. / am here
to defend whose life is dear to him as yours
is to you, and to whom you are bound give fair
tral--a patient hearing-and faithful and impair
tal verdict, just much if he were an American
citizen. l ask only that you will listen to the evil
dence, cautiously weigh it, and then pronounce
whether Alexander Mcleod is a mu, derer or not
First, then, will lay before you of evi
dence taken by commission under the order Of the
Supreme Court, and which, singular as it is, have
been attended to in the execution by gentlemen on
both sides. And here let me remark that the oppo
site counsel have enjoyed all the advantages which
a perfect knowledge of our whole case from begin.
ming TO end could afford, whilst we have been kept
in profound ignorance of them; none of the new
witnesses who are relied on sustain the prosecu
ton won't before the Grand Jury And permit me
to add, that in my judgment if this case were tried
as often the moon changed, new witnesses could
be found to prove the strong as it has been
now presented ON this trial. With great deal off
pains my respected colleagues succeeded in finding
some men, more or less, who were on board each
of the boats which formed the expedition against
the Caroline. Twelve or so of our witnesses are
of this description. First, on the part of the de-
fence we have Col. McNab, who proves the issuing
tz.I 4