New-York tribune., 1841-05-20
En- tho supreme Court wso>ssoAY. Lay 70.
CASE OF Mc[EQD.

aon he bore to ?, and The motion ne ha4 presented 10
,ne Court.
7, had been said ta, the appointment under the fede'
ioernen, should induce hra rsnquish the defence o
Mcleod but he would say all such that they little under
stood either the merits o.; , question or hS own 'eN VI
re-rons;stv and duty the thought him capable OF ms
:-I--I or he had vet 10 learn that Counsellor oi iie
STATE + Ney-York was called upon TO give up duties ne
ve 20 his Client because other duties had devoIyed upon
hir aic he should also cndea,o 10 the best OF n a0'i
~ to discharge earl! stage OF the proceedings ''
,i case he h.i been retained Counsel Tor Mcsod as
such hen and not a. District Attorney ne no" appeared
before this Court; and he did believe that the duties he
o.od 70 hi. client in the one case woua counter to
oe he owed his country in the other All that had been
done in this case moreover mad been done in conformity
with his views and under hs advice, and ii there was any
odpra o, anv crime in wla, had done he willing
m berr his full share and answer therefor the rs Of ms
country.
The attempt make political capital out of TIN, question
which he said had been made by pazan prints of both Po
tica parties was stamped BY Mr. spcncer with severe an!
cbI, deserved rcprobaon Without doubt he said this
was question as novel important; the opposing
Counsel have urged with much zeal that this motion to dis
charge mas no precedent and lie had been charged with
his dutv under this notion required If him Grant that
the motion without precedeR and tins argument briefly
answered He dctcd MS opponents find any prcccdeHt
within tae bounds Of Chrstcndom for the prosecution itself
No case can ever be found the records Of the Courts of
any civilized nation which an individual has been indicted
for chewing his righifu Sovereign
The whole argument on th- other side founded
fundamental error hi. namely they ;Guc. what
e "a.
which he stands indicted and starting upon this prcsm
ton hcvhayc made be confessed some liirc head
av in proving that the Court cannot discharge him But
we utterly deny his guilt and have hither 10
tain the facts in the case which when proved the quc,
ton ariscs-vha Las the Court the power and the right to
do Let it no, be supposed that have here
cedc the prisoner guilt and ;hcn solicit discharge.
The motion is founded on the assumption that he gutc
Of the crime for which he is indicedeyen If he were one
6 the party that attacked the Caroline Nor did c insist
tina, there was any thing peculiar to this Court as State
Court he comedies that the Supreme Court OF New-lork
has a. much authority try offenders as any other Court
when the offence has been committed within tS jurisdiction
II is not question between State Rights and the rights OF
the General Government for hc denied that any Court
der any government had any right to put Mcleod his
trial He denied that Congress had any power to lcsatc
or bring this case within the jurisdiction OF the Courts and
make one Cor trial And why Simply because there had
been no offence the prosecution unheard Of wholly un-
rrcccdcned and the Court ought not 10 proceed with the
cause.
Onr lno,isn Is that Mcleod be discharged without ral
il wha, wav it Is wholly Indifferent not whe-
ther bv noHe roseqa without that srnity the Court
order hi. discharge 1t will be enough for that he be set
free absou,cvand be understood that the trial never
to proceed and the country preserved from the disgrace
which must attach to it be carried he felt quite
much interest in the honor tins country in saving Nc
Leod from trial.
The question then comes up whether the Cour; has any
discretion in this matteros fthey not bound and hood
winkcd they surely to prevent this trial He then
nrsceodcd to show by the Revised Statutes, that
tn. Cour, had power, executive officers Of the aw,
order solle Proseqai
(Mr Hail here stated that be did acknowledge tina;
was in the power of the Executive order noc pr0s)
Mr. Spencer proceeded show that the Court had power
TO bring up questions before them for decision and when
called upon TO cAescisc it, the question whether the trial
should be brought cr@=-d strictly of Executive char
ac,sr And this Ccu.1 have determine they
rishtfuy n,ay whether the trial proceed Wha; then
are the considerations which shcld influence the decision,
1t j. strictly question Of political eNpcdicncy the hgh.st
and best OF that much abused Is involving
the dearest and cherished rights Of nations and all the
consequences which would naturally flow from its decision,
may very properly be taken the He then refer
red to authorities to establish this,
Further as power o,hc Court nols rroseqi
he read provision from the Revised Statutes H. 81
sraiuins the District Attorney from cnteng the order,
any Indictment without leave from The Court having ursdic
ton to tly the offence charged
In order to show then that this Court has Jurisdiction
the esnce with which Mcleod is charged. and therefore
power order qoe proSeqp he ciled II r. 5. $780,
l. providing ,ha, al issues OF fact joined the Court of
Ckanccry sall be in the Circuit Superior Cour;
aa, the Supreme Court shall order such trial be had
the bar II said C~uTt. This case he conepdcd, Of
such importance the Court order trial
1t, own ba- the, have therefore the Jurisdiction to order
xolc proseisi-
Wirh rcf.~cnce also 70 granting DISCHARGE on WIZ