Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-06-05
UNllB PRRSS
LETTERS FROM THE METROPOLIS.
NO MI.
NEw.YoRx, May %,

The events of the pas. week have been of
great interest, not only TO the jewellers in our
city but TO the many throughout the state and
country, who are looking with great anxiety
TO tho result of the proceedings in tho case
of Alexander Mcleod. You recollect that
he sued out, by his Counsel, a writ Of Habcas
Corpus early last winter: the question Of
his discharge was argued before the Supreme
Court in this city, on Monday and Tuesday
of this week. The proceedings were repor-
tod for the different city papers, in some of
them at full length. As I suppose, however,
that you will hardly find room for the whole,
and as it is matter of general interest,
shall make no apology for giving you
sketch Of the proceedings.
On Monday the affidavit of Mcleod
was read, setting forth the fact and purpose
of the occupation of Navy Island, the object
for which the Caroline was employed, and
the circumstances attending the death of
Duricc for whose murder he stood indicted.
The expedition for cutting on! the steamboat
was got up he said, by the authorized British
commander, Colonel McNab: and the act
was subsequently approved by the British
government, and on their avowal that it was
their act, negotiations bctw cen the two Gov
crnmcnts were now in progress. A note
was also read addressed by Mr.. Fox to Mr..
Webster, saying that he was instructed to
demand personally in the namo of the Bril-
fish Government, the immediate release OF
Mcleod, for the reason that the transaction
was one of public character, planned and
executed by persons duly authorised by the
Colonial government 10 take such measures
as may be necessary for protecting the pro-
perry and lives of Her Majcsty's subjects,
and being therefore an act of public duty,
they cannot be held responsible to the laws
and tribunals of any foreign country"
On Tuesday, Mr.. Wood, associate Coun-
sci for the People, read sundry documents,
principally aflidsvits, describing the circum-
stances attending the burning of tho steam
boat. Captain Appleby's deposition was read
stating that when tho boat was boarded as he
attempted 10 ascend the cabin stairs he was
met by the thrust of a sword which he BELLE
we'd was made by Mcleod. A deposition Of
one Arson was also read, testilying tina, on
the morning after the affair he was at tav-
ern in Chippewa in the bar-room of which
were several persons disputing as to who had
borne the greatest share in the Caroline's
destruction. lie swore that the prisoner
said, killed ID Yankee, and here's
his blood" at the same tmo having horse
pistol the breech Of which was stained will
blood. All the persons in the room seemed
10 concede that Mcleod had done the mos
in tho attack.
Another affidavit was road made by on'
Barnum, tcstifying that he had heard Nj
Lsod say that the occasion of the Caro-
limos destruction, his sword had drunk TIN
blood of two men. Sundry other document
were also presented but they brough, gu
nothing further.
Mr.. Bradley, one Of the Prisoners Coun
sci then addressed the Court. His main at
tempt was to show that Mcleod could nc
be beld personally responsible for his parti
cipaton in this act, inasmuch as he was mere
ly dIscharging duty imposed upon him b.
his own government. Obedience to his sovc
reign he declared to be the first duty of eve
ry subject; nothing but revolution coul
loose him from this responsibility. Had NJ
Leod not obcycd the commands of his Gov
ernmcnt he you'd have been guilty of trea
son and been punished therefor. And no.
for yielding that obedience, IRE were abo'
10 punish him. Neutrality, he said, conl
only be broken by nations, individuals {
agents of their government only can do
and then their nations become responsible
THIS was Mr.. Bradley's main point: he a
forwards argued the legal points in the cas-
especially the incompetency of the Court
try Mcleod on the Indictment They ha
no jurisdiction over the matter and how tn
can an lnulCllnClt COlIltT tllS NoiCoN
i, is said that Durfce was not killed on t
boat, and his death therefore was not ncct
sary to the fulfilling the commands Of
British authorities. In opposition TO til
Mr.. Bradley maintained that there was
the time state of war and we have
right to inquire whether there was too mt
or too little blood shed. The invasion Y
in defiance of our law, such defiance as
nation only can make. TIL. whole case
said was founded on the error that subje
Of one government while in the territory
another, there doing business in obedience
their own, could be held responsible to
municipal laws Of the other. This he S
was plainly disprovcd by the fact that F
cign Ministers while doing the business
a. NATHAN "a,