Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1841-08-03
,4. From the N. Y. New Era
THE CASE OF ALEXANDER Nc
Ta LEOD.

.'a-. From the ~, r. new Era.
THE CASE OF ALEXANDER Nc
'a" LEOD.
The supremacy of the la,rS Of the State
of Ne,o York sustained By her own
courts. Mcleod ren.andcd to the
County Of Niagara for trial,
The mails from Utica yesterday,
brought the gratifying intelligence that
the sneaking, trucking policy of Daniel
Webster, to give up Mcleod to the Brit
ish Government, bad been condemned
by the unanimous opinion of the three
judges of the Supreme Court of the
State, aud the policy Of Mr.. Van Buren,,
together with the opinions expressed by
Mr.. Forsyth, his Secretary of State, in
his letter to the British Minister, Mr..
Fox have been fully and nobly sustained.
They could lot, in fact, come TO any
other decision. The offence, if any was
committed, was against the laws of this
State, and as Mr.. Forsyth justly remark
ed,the General Government had no con
troll over the matter; but the great feder-
al head of the whig party, Daniel Webster,
fearful of the power of the British aris-
tocracy, took a different view of the
matter, basely truckled to the arrogant
demands of Mr.. Fox, and recommended
a complete surrender of the State rights
by the immediate REIMBURSEMENT of the
prisoner to British authority. The reas-
onng of the'god-like has no weight with
our courts-his views are secuted aud
his opinions reversed-the court having
decided that the laws of the State where
the offence was committed, alone, have
jurisdiction over the case. We may eX-
meet TO see little more buster on the
part of John Bull-more arrogant de-
mands through their Minister, Fox, and
our high minded federal Secretary may
possibIy again shrink from the roarings
of the British Lion; but if he is deter
mined not to support the dignity OF the
state and state laws; if he is determined
TO cause this glorious Union to appear
Iidiculous in the eyes Of all foreign pow
ers, we should advise him and Mr.. Tyler
TO abdicate at once, resign their Offices in
others hands, who will pursue more
patriotic course, ,sand who, most assuredIy
wonld be sustained by the united voice
OF the Creemen Of this Republic. The
learned and logical opinion of the court
was delivered by Judge Cowen We
can give ony,a few extracts. The fol-
foWng t'points" we copy from the Eve
ming Post of yesterday:
a CASE OF MCLEOD
Tudoc C0Wen nrohounced the decision
Of the coun,afer careful and able re-
view of the whole argument Of counsel.
After stating that the prisoner was char
ped with the murder Of Amos Dnrfee, he
proceeds to discuss the propriety OF dis
charging him on the facts stated in the
affidavit. The points laid down by the
learned Judges, as we gather them from
hasty perusal, are
l. That the points raised by The pris
orer, first, that he did not participate IN
the alleged offence, and second; that, II
present, he was acting in defence OF his
country, from reasonable insurrection,
cannot be made available in a habeas
corpus, even for letting to him bail, much
less for ordering his unqualified dis
charge.
q. That on habeas corpus, the exam'n
alton as to guilt or Innocence cannot, un
derany circumstances, extend beyond
,he dispositions or proof by which the
prisoner is Committed.
8. That these views are a suiiicien
answer to the present application, but as
counsel had raised the question of Jurs
diction, the court were willing to 60 Int
it.
4. That the plea that tits naiioha
question, TO be settled by the DIPLOMAT
powers OF the United States and Engllan
does not dvest the court Of jurisdiction
because to warrent the destruction
property or the taking Of life, on III
ground Of public war, there mustbe VIII
is called lawful war,by the law of nation
which can never exist without concu
rence:of the war making power
s. That if the affair in question can
tortured into war between this nation q
England, the United States might tai
possession Of Mcleod, as a prisoner
war,