New-York tribune., 1841-05-19

broken forth OF the rebels have fed 80
ihs country and have excited the ymPahics s our people
IN their behalf They have again gone back Navy Island
"a locality Of urisdcon-and of our citizens
hayc followed them. There were high apprehcnsions of
violence the Canadas side without at the
same time our Government doing all ii could 10 rut
stop all violations OF the neutrality Sctween this country
and England The letter Mr. Rogers. shows that
the crisis had passed over and the patriots
.ad amos; entirely dispersed.
Under these circumstances this invasion Territory
committed and of our citizens murdered. After
this which had rested for three years with
any explanation from the British Government, this aan,
Mcleod who charged with having committed the murder,
found within jurisdiction he * arrested and brought
before magistrates and proved by strong evidence have
been guilty of the murder Hc committed for trial At
the time. too every effort made procure his
lease; hs urged prove abb, and every facility
afforded aid him in procuring discharge there every
disposition enable hm take all possible advantage Of
the circumstances attending his and his agency the
capture the Caroline This all Of the that they
can make
What kind of facts the Court take into consd-
crson1 Paisly except such go show the legal
ty icgaty Of the commitment deeation, not to the
guilt or innocence of the party The positively
nnoceA, man may legally committed and convicted
The distinction is broad AND essential; If be made,
where the Court TO step' Why may every murderer
be- brought into Court and allowed 20 plead for dis
CHARGE This class of facts them covering augh but tina
question OF legality, is excluded.
To illustrate the case: If Embassader of any foreign
government were to arrested and committed charge,
and he we're appcari th, Court by hajea corpus
alleging hi, irrespon-blity laws the Court could only
consider the facts whirh 90 show this rrcsPon~biy
Again If man should Kill another in cIfdcfcncc and
houl be arrested for it nay Sheriff should be arrested
for executing the of law upon condemned crin
ina could either of them this Court and spread
out all these pleading the causes why they
should not be condemned, and hcrcuron asking discharge.
Mast clearly This is all question for the Grand Jury
i plain therefore that this Court can listen matter
which goes barely show the guilt innocence of the party
Let Us consider now what Is to be the effect of the
ynwa by Great Britain that she approves and sanctions the
act for which Mcleod has been indicted This order
have effect only in oftwo
l. When used as Justification of the prisoner TO csab
li.h his innocence OF the crime charged, or
, When the guilt of Mcleod being admitted, the order
d ,s n protection to cxoneratc him and take him away
from .1bocuon Courts and aneaabiy to our laws
In the first case if the order l. TO be used justica-
the urv it is not avoidance but in denial OF the ndict-
mont The Indictment charges that the prisoner did mali
i, i.ra,qd by the devil asd of his malice Kill the
said Dnrfcc but this order denies aud says that he did it,
the devil but in the discharge Of his du
~ ti.tcn clearly matter the consideration of the nry
ON te prisoners trial and the ayown properly up
on before them The grounds laid down in the order of
the British Minister these the transaction was one OF Il
bc characer the scheme OF capturing the Caroline IS as
ned to haze been panaed and executed by the prisoner
who was authorized to take any steps and do my
ar to the welfare and peace of her Mnicss subjects in
Canada and therefore, any subject who did this per-
forming an act of public duty This then puts the
ground that he doing criminal net this Is clearly
matter for le Jury decide Hpon indeed it necessarily in
sye going to jury for the question of duty has no con-
uection with that the legality iegaty of his detention
TIE question too would arise whether the prisoner had
cedcd his orders and this also most clearly matter Of
wkch a Jury only take cognizance
No order Of an Executive can Justify any for which
individual has indicted ard then take his out Of the
Courts Suppose that the Governor of this State houd call
ont the militia Of the State and that Of the soldiers should
kill q citizen for which he should be indicted and brought
M f trial What effect would orderf from the Governor,
certifying the facts and ordering his release produce IN thus
Court m a.tonishmeRt1 And -hal! we listen 20 aa order
llo Foreign Po,entate when oAe from our own Cief
Magistrate would be Fowerlcss
We have ,u, considered the order Of the British Miaster
for hi. release in the only light in which am confident the
can be discharged by tue Of it. and haze seen inF
i, then only matter for the consideration" Of Jury Let
- now suppose the prisoner guilty and regnrd this order as
Intended to pr.,cc him from the authority Of our laws this
.a,,,,,, or d i.cission in this Courti there are
three aque. we are 70 consider yie"ing iii this light
=, r. he order sufficiently authenticated By Mr. Fsxs
NJ webster, (The Authenticity Of the letter Itself
's,re, 10 contested though the original would have been
r,,re satisfactory than a eopy)
81 + the order set forth with sufficient particularly in