Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-05-13

Z hereaIler--VeI the terms OF the SetIiciAen
appear to be highly offensive to the Eng
lish commercial men.--Bah. Amer.
.a-azurnzz.zasruzxruu-r-uzsu
McLEoD-THE BOUNDARY QUESTION.
The New York American OF Monday
4 afternoon, the Sd instant, has the follow
/ ing article:
McLEoD IN Nnw York. This prison
err arrived here this morning from Albany
in charge Of the Sheriff of Niagara coun.
/ ty, under writ Of Ha5eas Corpus, re,
/ turnable this the first day Of the May
term Of the Supreme Court, sitting in ban.
60 in this city.
This writ has been taken out by the
prisoners counsel, in order, 10 the first in.
stance, to try the question Of jurisdiction,
as a question of law.
! Joshua A. Spencer, Esq, as counsel
for the prisoner, accompanied him. The
/ District Attorney, for the Niagara Dis.
;rict, Mr.. Wood, and the Attorney Gene
raj of the State, Mr.. Hall, are there 10
argue the case IN behalf Of the State.
Ia order 10 avoid excitement, OF Lock
port, the intention of removing the prison
or uEder writ of Habeas Corpus, was
judiciously kept private; and he was far
on his way TO this city before il was
known tina; be had gone.
The formal return 10 the writ will be
made to-day, but the argument on the
case will not, we understand, be entered
upon before the next non-enumerated day,
Thursday.
Mcleod was quite lion on board the
boat las, night, and seemed, we hear, TO
enjoy it. 1t is this love for being honised
we apprehend, that has got this foolish 10
edividnal into his present scfape, and come
near involving two great nations in ser-
Gus difficulties.
The New York Journal Of Commerce
has the following account Of what trans.
pred in the Supreme Court in that city,
on Thursday, the 9th inst, touching the
case Of Mcleod:
1t having been announced that Me-
Leod's case would come before the SUI
preme Court this morning, the Court was
| filled almost to sutiocation, with dense
crowd, amongst whom were several ladies'.
Mcleod was brought into Court at ten
O'Clock. He is man apparently between
forty and fifty years old, rather above the
common stature, strongly built, with an
ordinary cast of countenance, and has
red or sandy colorei whiskefs and hair.
When his case was called on, his coun.
I sci, Mr.. Spencer, informed the Court thai
il was intended to move for the prison
er's discharge from custody, on severa
grounds one Of the most prominent o
which was, that if the prisoner had COM
mitted any offence at all, it was public
or national offence against the United
States government, the British govern
ment having authorised the attack ON tn,
/ Caroline, as would be proved in the course
| Of this inquiry.
The Court here interrupted Mr.. Spen
Ger, and said that should there be an,
/ conflict in relation to the proofs on tn
return Of the habeas corpus, or it was like
/ ly that any investigation beyond the re
cord should become necessary, it coult
perhaps be better 10 now make some dis
position Of the question, in order to Civ,
the parties time to make any further proc
they may desire.
Mr.. Hall, Attorney General, on tn,
part OF the people, said case hat
been presented on certain allegations o
the prisoner, and he as counsel for III,
people demurred to these allegations, a.
not being sufficient to sustain the motor
for his discharge.
Court-liave you seen the allegations
Mr. HaH-Yes, they have been fur.
nished to me, and on the part of the peo.
pie we propose to demur to them.
Conrt-The great Importance of the
question makes US inclined 10 postpone il
until Judge Bronson arrives here, who
viii probably not come until next week.
Mr.. Spencer--lt would be moro con-
venient for me to have it set down for
next Friday week.
Mr.. EdL-lt viii be perfectly conve.
nient for the prosecuting officer to attend
on Friday, and have no objection to that
day, lift will be convenient to the prisoner.
Court-We shall therefore set it down
for Friday Of next week.
|: was subsequently intimated TO the
Court that Friday was appointed as day
of General Fasting.
The Court then set down the case for
next Saturday week.
We have been informed, on good au-
thority, that Mcleod has made an atfida-
Wit, denying that he aoas at all concerned
in the attack on The Caroline.
Judges Nelson and Cohen presided.
In relation TO Mcleod, and the bounda-
nv question the N. Y. Commercial says :
nIfwe we're rightly informed, IT has been
agreed between Mr.. Fox and the Govern.
ment OF the United States, that no further
opposition shall be made by the former to
the trial of Mcleod. That trial is 10 go
on, under the jurisdiction OF New York,
without interference either by the British
Minister or the national Government. II
acquitted. as is most probable, Mcleod
will be discharged, of course, and the mat
ter thus be disposed Of. If convicted, the
national Government will then take the
necessary steps to afford him tina, meas.
IRE of Justice and protection which oil the
circumstances of the case may require.
A 10 the boundary, we learn that a