, 1841-07-31

IN Inc present frpTOrtd Charter. MT. Den
toms amendment was lost.
DECISION IN THE McLEOD CASE.
An AMERICAN Court reversing the doctrines
of Mr.. Webster, the British Federal Sec
rotary.
The Supreme Court Of the State Of New
York before whom Mcleod was brought up
on a habeas corpus, has given a very learned
and elaborate opinion in the cause, and has
remdnded the prisoner for trial. The opinion
was unanimous-was delivered by Judge
Cowan and occupies eight closely printed
columns of the New York Herald Extra
The Supreme Court Of New York expressly
and pointedly repudiate the doctrine set up
by the British Minister, and by the British
Government, in which they were SO Jealous,
ly seconded by Mr.. Secretary Webster, and
by the Federal party in Congress. 1t will
be recollected that the British Government,
Mr.. Fox, Mr.. Webster and their Federal
friends ~coutended that Mel cod should be re-
leased because the transaction upon which
the charge was founded was Of a public
character. .planned and executed by per
sons duly empowered by her Majesty colo
NAL authority TO do any act which might be
necessary for the defence Of her Majesty's
territories" and that consequently those
subjects of her Majesty who engaged in that
transaction cannot be made personally and
individually ameIable to the avs OF any
foreign country" In other words, the Bri-
fish and Mr.. Webster's doctrine asserts that
those engaged in the honorable butchery Of
our citizens at Schlosser, on board the Caro-
line. must 90 ''unwhipt Of justice" because
the British Government choose 10 stand be-
tween them and punishment. This anti
American Illuminating position IS most effect
ually used up in the very learned opinion OF
the Supreme Court.
The following extract will show the kind
Of spirit in which this opinion is couched; and
what American will not admire il more than
! the cringing, servile arguments Of NJ. Web
ster?
sIf it be not a plain deduction from com.
mon sense, vet, on principles on which pub,
~licists agree, all rightful power 10 harm the
person or property OF any one dropped from
the hands Of Mcleod and his associates the
moment they entered the country with
which their sovereign was at peace. No ex
/, ~cep,ion can be made consistently with ma
, ,ional safety. Make il in favor OF the subor
dina,e civil authorities Of 4 neiehboring State
q and your territory is open to IFS constables
. in favor Of their military, and you let in it
| soldiery; in favor OF its sovereign, and yo,
|, are a slave. Allow him TO talk Of the act
. and Vaccinations Of our citizens, and SEM
, over his soldiers, on the principle OF protec
j ton, TO burn the property or take the live
: of the supposed offenders, and you give NJ
TO the midnight assault Of eIasperated stran
: gers the dwelling and life ofevery inhabitan
on the frontier whom they may suspect O
4 a disposition to aid their enemies. Never
i since the treaty OF 1888, had England. in tim
Of peace with us, any more right to attack al
enemy at Schlosser, than would the FIencI
have at London in time Of peace with Eng
n land"
= Much was said on the argument about tn
extreme hardship of treating soldiers as Grim
inals who, il was insisted, are obliged TO Q
:. bey their sovereign. The rule is the sam
= respect to the soldier as it is with regard I
any other agent who is bound to obey th
, process or command Of his superior. !
sheriff is obliged to execute a man whe
= regularly sentenced to capital execution i
this State. ,
But should he execute a man IN Canad
:, under such a sentence, he would be a murder
err. A soldier, in time Of war between u
and England, might be compelled, by an OF
der from our Government, 10 enter Canad'
and fight against and kill her soldiers. Blu
should Congress pass a statute comrell'h
him to do so on any imaginable exigency. Q
under any penalty, in time OF peace IL =
should obey and kill a man, he would oe gni
a. ty of murder. The mistake Is IN supPosln
Of mat a sovereign can compel a man to 60 II
!,,tn,n.Ahoring COUNT: whether in Peac
or war, and do q deco Of MANY
ri This is exempiifed in the case OF SPECS,
:. A sovereign may solicit and bride: out =
: cannot command. A thousand commano
!, W ould not save the neck Of a spy should \
D. - an thu camp of the enemy;-Natte