Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-05-21
ffer. the ". y Commercial Adrcr.iscr, May u.
SUPREME CouRr
CASE OF ALEXANDER MeLEC


eeeded to read his affidavit in support of the mo,ior
for his discharge.
1t sets forth the occupation OF Navy Island by a
large body of men in against the authority OF
was composed IN part OF citizens of the United States
that their object was TO effect a revolution in that
provncei that British force OF some two thousand
Ave hundred men was assembled at Chippewa, on
the British side, TO oppose the insurgents that this
force was commanded by Col. McNab, who was
duly authorized 10 that end by the provincial gov
ernmenti that the steamboat Caroline was employ
in conveying stores, ammunition, cannon, sc. To
| the force assembled on Navy Island; that by order
| of Col McNab an expedition for the destruction or
| capture OF that boat was got up and carried in
to effect; that IN the capture and destruction Of
the boat, Amos Durfee, for whose murder the pris-
oner is indicted, was killed, and not at any other
time any other manner; that the act OF taking
and destroying the boat was subsequently appToy-
| cd and adopted by the British Go Sernmeni; that
/ the Government Noi the United States had opened a
diplomatic correspondence with the British Govern
ment in relation 10 that act IN which repIraton and
redress therefor were demanded, and which cores
pondence is not yet closed; and finally that he the
prisoner, was not present at or engaged E the said
attack upon the Caroline or IN the capture and de-
struction thereof.
Annexed to the affidavit is a certified copy of the
| credentials of Mr. Fox, as Minister of Great Br-
tain near the Government OF the United States, and
a certified extract from note Of MIR Fox 10 Mr.
Webster, dated the 18th of March, ISL, OF which
| more hereafter.
The affidavit refers TO- and adopts as parts thereof
a mass OF published documents communicated an
different messages by the President OF the United
States TO Congress, in relation the "patriot' out
break, which were rad by Mr. Bradley, and the
| principal of which were the following:
Letter from MIR Scott 10 Mr. Fillmore dated De-
cember Is, 1887.
From the Mayor ofBuffalo to the Presicen, Of the
/ U. s, dated Dec. IL, 1897.
From Mr. Barker the Collector, to MIR Benton,
the United States District Attorney, dated Deem.
| Der Is.
From Mr. Benton to the President, dated Decem-
| Der %.
MIR Benton TO Mr. Forsyth, Dec. e6.
MIR Garrow, the marshal, to Mr. Benton, Deem
Der 81.
MIR Garow to the President. Dec. es
MIR Fox to Mr. Forsyth, January 4, 1885.
MIR Forsyth TO MIR Fox January ) Is3s.
| MIR Fox TO Mr. Forsyth, Feb. 6, 1855
Mr. Stevenson TO Mr. Forsyth, dated London, MAY
"a, 1883.
Mr. Fox to Mr. Forsyth, December 10, 1910.
Mr. Forsyth's reply.
And lastly, MIR Fox to Mr. Webster, March 10
| Isii.
The 6rs, eight of the letters above enumerated,
contained accounts OF the excitement on the frontier
the various proceedings BuffIlo and other places
the organization Of armed bodies, the seizure of
cannon and other weapons ia the arSenals sc. the
occupation OF Navy Island, &c with all which our
readers are familiar.
~ 'SN'S' A'uiA bSsyAll 10 Mr. FOX, oil JAM
uary IS the one communicating the destruction of
the Caroline, with the evidence relating thereto and
notifying MIR Fox that demand for redress would
he made upon the Government of Great Britain by
that OF the u. S.
The answer OF Mr.. Fox, dated February q en-
closed despal CHI from Sir Francis Head then Gov
ernor OF Upper Canada, with dispositions relating
10 the Caroline affair." and jusiifying the act on The
ground that the laws OF the United States and OF
The sirte OF New York were no, and could not he
- NJ A, had
Vaded from New York, &c; that on the 2s,h of De-
cember information had been conveyed 10 Col Nc
Nab that the Caroline taken into the service OF
the invaders IN consequence whereof be resolved 10
destroy her should she come to Navy Island: that
she did come and was accordingly destroyed, &c
by order OF Col. McNab, he icing duly authorized
&c. 4,
The letter from Mr.. Benton to Mr.. FORSYTH. dated
February ., describes the occupation OF Schlosser
as pace oi landing and enbarkston OF stores am
munition &c, conveyed to the insurgents on Navy
Island; and states that the attack upon the Caroline
was ordered by Col. McNab and led by Captain
| Drew.
! The despatch from MIR. Stevenson, OF MAY 9th
lS3s enclosed a copy OF his note to Lord Planners,
ton, denying the pratica character of the Caroline
chaIacIerizlng her destruction as an outrage upon
the United States, an act Of undisguised hostility,
ana demanding redress ard Teparation as well for
| mat as for the murder Of DuTfee.
The letters Of MIR Fox and MIR FORSYTH. Of Deem.
Der Is, 1870, are those well known pistIes in which
on the one hand the immediate release OF Mel cod
was demanded, on the ground that the act for which
nc was arrested was public act, di.y authorized
oy the proper authorities, and, on tie other tho
GVowal Of that act by the British Government wa.
declared not 10 have been before made by any n.r
son authorized TO make such ayovsi
The note from MIR. Fox to Webster, OF which o
copy was attached tohe affidavit rene VS. the denand
and the avowal, in the most explicit terms; declarnp
that the attack upon the Caroline was public act
planned and executed by persons duly authorized by
the provincial! authorities IN take any steps ond do
any acts necessary for the defence Of the pro.
vince, &c.
After the reading ofthcse documents the dsiirie
attorney Of SiogarI read the demurrer in,erposer
| on behalf Gf The people
! IL raises FIVE points. To wit
j. Because happears by the return OF the sheriff
mat the prisoner IS detained on az indictment for
murder, 10 which he has pleaded not guilty. and
TINS Court cannot investigate the truth Of such ads
mCnt or Of the plea thereto.
z. Because the allegations Of the prisoner do not
apply TO u question Of his liability TO arrest. but
exclusively 10 the question Of his guilt or innocence
which is no, now before the Couri.
3. Because the ait4rk on the Caroline, bo,,
owned by citizen Of the United States, unconneet
go with TIE insurgents, navigating with a license
from the Government Of the United States, and en-.
gagged IN lawful business, vas made while che was
moofed at Sch osser, IN the state Of New YORK
and without the jurisdiction Of Upper Canada or the
authorities thereof
4. Because neither the Governor ofUpper Cana.
da nor Col McNnb had hny authority TO send men
into this state, and all aCung under their orders arc
Individually gspOnsib'e.
5. Because Amos Durfee, for whose murder the
prisoner Is indicted, vas pelce1be citizen and had
not offended against the laws Of the United Ststes
or Of this state; and was killed on the main land
aitef he had eit the boat, flying for his life and
making no resistance; 20 that hrs killing was not e..
seniia 20 the safety Of the province or the GIlfl.
menl oi ne OBJECT aimed at by the expedition.
Alter the reading Of The demurrer Mr. Hal. the
attorney general rose md suggested 10 the Couf b,
oesfe 70 ronhne the argument TO the single ausetoo
oi HW' whether The Court could or could not IN tins
stage o. NE case, undertake " eEamine and decide
upoh lhe whole fnef Is Of the case. lie wished opI
\ 70 go INTO me authority Of the Court-ut,t mlgGt
". c'.ed me preliminary question, 90 raised by ~
\ hrsi pOint Of the demurrer
long discussion ensueJ, Mr. Spencer ef,io,io,
70 20 mo hII Tie questions that might arise and e.
I PeclaNy lhe great nauosal question on which The
case must eventually turn, ssd Mr. Han ol,,set,,g.
The Court objected 70 success.sn on be,,,g,. ~
| N.sne9 me whole matter % be argued at once.
Mt liaIl said % might become necessary 70 produce
oeP's'uons 10 ansser 20 the alleged foe1 sst f,,tb
! w we pHsonef-and Il might become a serious
question whether the testimony produced before The
lie. "'1s "'''' pun
The Court told him he mus, act upoo M. svp
discretion and responsibility a. 70 that.
Ima y Mr.. Hall sVOUiag thst he was no, INV
prepared 70 90 Toto the whole sfguemeot. and yssb
~ !" consult his assOcate the district atto,osv n,
nasa'a' 'ne case was adjourned over until u,.u,ot.
row morning. - '-'''
-. AUTHENTIC FROM FLORIDA
Ws earn That information he's been received C,,ro