The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-10-22
VOL. Ii. NO. II.

as HuiulH1 ColNtlSUllOIl WIN N''t'Ou W .hH''
tavern in niagara, ii January, 1898, was at that
time supposed to be in England. Reyncock left
Canada previous 10 November, lS37-he ubscon-
ded for debt.
Iiulert Lott farmer, Of Warren county, Pa, cs-
tilted that he had known the witness, Arson ID.
Quinby, for iour years; that his reputation was
bad and that he would not believe him under
oath.
Lansing W. Wemore, lawyer, of Warran CO.,
Pa, also knew the witness Quinhy, and would
not believe him under oath.
| David {. Bates, of Canadaigu, was called TO
testify in regard to The character Of Samuel Down,
who had appeared for the government. Had
known Drown ever since he was ii boy; he was
poor man; never heard his character for truth or
vcracty called in question IN il court Of lusicG.-
, Formerly, browns character for honesty had been
rather bad hut he had redeemed ii, and for The last
eight or ten years it had been good
| David II. Sears, was cHpialn in the British
militia, and was the commander Of the guard at
Chippewa on the 29lh of December, 1857. Tho
troops under his command were co!oTed men aud
Indians. Was up all that night, and saw the at
lacking parry embark. There were seven boats;
WAS near by them, and mixed with the party, but
did rot see Mcleod among them. Also saw the
party when they dsemburkcd, but saw nothing Of
Mcleod, Was frequently 1T Davis tavern on The
night of the expedition and ON the following morning
did not see Mcleod; saw him about noon on tho
10Th, and the day after, about / O'clock siw him
coming up the bank Of the river on horseback.
/ Hr spencer than said that he how proposed to
/ hiring forward the documenlaro evidence Tho
learned gentlemen stated that he would rst intro
duce the various official documents that had refer
encc to the negotiations at present pending between
The 20, crnncnls Of the United States and Grea,
Britain.
Mr. liaII-ror what purpose
! ir Spencer with view to establish the fact TINT
| the destruction of the Caroline aud the killing oF
Drriee We're the acls of the public force Of Great
Braiu--which acts were subsequently acknowl-
edged by that government.
Mr. iIlll--Nou wish then TO establish that there
was war;
Mr. Sprnccr-Ycs Or such n state Of matters
rs released the individuals acting under the order
of the government, Of Great Britain from all rcspon-
shilty in regard TO the consequences of their acts
in that capacity. Mr. ). then proceeded at very
considerable length 10 show that though there had
been no formal Declaration of war, vet the provin-
cul government of Great Britain had right 10 dcs-
troy the Caroline in sclIdglrncc
| The Court relieved Mr. Hall from replying and
expressed its judicial opinion MS follows
"Thc prescn, indictment has been sent down 10
Us hy the Supreme Court to be tried like any other
issue in the Circuit Court, motion was nNde
for the prisoners discharge on the ground that tho
Court could look behind the Indictment, and doing
50. would be justified in dscharglng the prisoner.
The Supreme Court came to the conclusion that
they Ind no light to look behind the indictment;
aud second, fthcy had, that the motion should be
denied for the want Of merit or OF soundne,s oitho
ground ON which it was urged,on account, namely,
Of the absence of any thing like WAR IN Sncha sense
whah makes the killing OF lndl' duaIs eNcusab'e or
] a., 81, ~.
ing in the pending negotiations winch took away
the right of New York 10 punish offenders ngaIns,
her laws, This opinion Of The supreme Court hi-
ter the cnsc had been ahcly aud Deliberately argued
before them aud which opinion, though for the
most part written by one, was the expression OF
the united Judgement Of all the members OF tho
/ Court. From the opinion. even ii ! did not agree
with it, cannot dissent. That decision is law with
me, and may he briefly stated lhus:-A band Of
men composed of Canadian rebels and American
citizens who voluntarily joined them. These tool.
Possession Of Navy Island, and where therefore u
hostile force invaded Canada. They we've directly
/ hostile 10 the Canadian Government ana have
M doubt that the Canadian authorizes had right
to rcpe that lnvaSon-o suppress that instruction
and 10 use all the means which nations, when en-
gagged in var may use, against rebel Subjects or
foreign enemies. But while that !, true It u prop
or also to look at the right of neutraIs. Every Cii-
zen IN the United State who chose hli Il right, 50
/ far n represented his obligations TO his own goy-
ernmcnt to cNparille himself and Join the Iu-ur-
gents. hut when he did 50 be was subject 10 an
the consequences Of the rebel subjects ui Great
Britain. An, Of our citizens who chose had right
10 carry provisions and munitions Of war 10 those
inSn.rcuis at the risk Of their forfeiture if captured,
and in that view the Caroline was liable TO seizure
ifa pcrinn of the armament of the Navy Islanders,
vhcn there, or if possible on the high seas. But
that every member of that hostile baud when on
our shores was secure from injury by the adverse
MAYER. and the British government hid no moro
rrinb, 10 send armed men from Canada 10 make an
attack ON ,L, steamboat Caroline, than they wogld
have had 10 send armed mcnto Butaln 10 seize on
the ,rsrnrl from winch they feared the rebels
mieht take arms or To asSasiaate the Mayo ofthat
ci,v. lest he ni,h, take 10 the arms
]