Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-05-28
THE Mcleod CASE.


TINS case has been argued before the SUI
prelne Court of the State, at New York. on a
motion to discharge the prisoner. For the de-
PENDANT, ant for the people, the several speakers
have acquitted themselves with great deal of
precedents, and quoted law, we do
not find that they have introduced any general
principles hat have not been argued m ertinso
in the newspapers.
Messrs Bradley and Joshua A. Spencer, who
appeared ior the defendant, argued in substance
that the affair was national one /; that the de-
claraton of war, and adjustment of national
questions, belong to the national Government
and that the interposition of the authority of the
State of New York is an impolitic and unccnstitu-
tiona interference. They deny Mcleod sdi-c
vdual responsibility, even admitting he were
present, which is also denied They maintain
that had the attack been made on point under
the exclusive jurisdiction Of the United States,
the Judiciary could not interfere, for the ques-
ton belong to the Executive, and it is no province
of the Judiciary to vindlcate the national honor,
or repel national attacks and the counsel fur
Their say that if the United States Courts would
refrain, in the supposed case, the Courts OF the
state of New York are are bound to refrain in
the present affair.
On the other side, Mr.. Woods the District
Attorney o. orkport and Willis Hail. the State
Attorney deny that the killing of Durice, for
which Mcleod is indicted, properly constitutes
part of the destruction of the Caroline which
is claimed TO be national affair. They say it
was not necessary to the enterprise, &c. &c,
and contend strenuously for the right Of New
York to defend her laws and her territory.
| They cite the cases OF the persons arrested by
| the British authorities in Madawaska, refer TO
| the punishment of the patriots in Canada, and
insist that the defence Of the wide frontier re-
quires a rigid exercise of the State sovereignty.
The argument is wholly on the legality Of the
arrest, and that appears 10 depend more upon
the question whether the murder Of Durfee can
be separated from the whole affair, or must be
considered an integral part.
| AS far as we can Judge the people and press
of New-Iork appear friendly to the release OF
| Mcleod, and to think that the nation should be
held responsible rather than the individual--or
rather that as the nation of Great Britain mvst
at any rate be held accountable, since its as
sumption Of the act, it is not right to single out
a single individual fort part OF it. AS we re-
marked before, the question of the guilt or in
noccnce OF the man cannot properly come be-
fore any Court until he is arraigncd for trial OH
the Indictment and it was therefore only acct
dcntally alluded to in the arguments after that
point settled.
In his affidavit, however, Mcleod denies that
he was present. or in any way participant. That
he tells the truth in this denial is generally be-
evcd, He has been foolish bragadocio, and
has pretended to feats OF arms which he never
accomplished. Behold, in this arrest the profits
Of his folly.-BoSt. Ga-ene.
1t seems that no decision is to he made in this
case at present On Thursday morning, the
Court made the following order:
''The defendant, who stands charged BY midlothian
with the crime of murder. hayin. been broaghl into
Court by the sheriff Of the county Of V.t.a by .ir-
t,. nfo ,,.r,t. ,i,,,a
been made tor his dlscharge. and berg improbable
hat the Court will be able To- render its Judgment, in
the premises at the present tcrm- is therefore
derrd that the defendant be committed TO the >o
OF the sheriff OF the city and county Of New York
untl the luther order OF the Court When tho uans
+ Ter has been m1de the sheriff OF Niagara Viii be y,
longer chatscahlc with The custody oi iie defendant
:. To this, however the Sheriff Of the CIV de-
7 INJURED, and protested against taken the gs:sone
f in custody. But the judges OF ,lc cour. sav.
Il hun gentle hint. to the effect tina. if he ii,
> not obey their order and Immediately take cl,arg:
II of Mcleod they would take charge Of him
i, This brought the s'heritfto his senses--the nu
=, llticr VAS was nullici. Mcleod is now in the
City Prison We copy the following from tn
' Journal OF Commerce.
r. "igr.cahly 10 'hc order cf tic Supreme Court Is
sued Yesterday AlcSaiuer Mcleod was Iii. nor MN
transferred from custody Of the SHERIFF OF Nauar
- 'ouny 10 that OF Shcni HAT OF this civ III res
- p"iSphiy OF me former III regard 10 hnn has nov
y ceased. lnti The dtcIsion OF the Supreme Court
N Mcleod VIII tc confined IN tho House OF Detention il
Centre street wlcre nc Is at presently thorh ,oub,
less he " he permitted ENJOY all reasonable indul
Of gcnces THIS decision, II is supposed, wll not b
made until The July The alit sion 10 he decide,
Z, - whether he shall be discharged without trial
n the Court decide "a, hat, Of course viii be The en-
" 81 the business, 50 far as the Courts concerned
'r My ihrn hls counsel will take an appeal to tls
N fh.a 4 ,l.