Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-10-15

IN The conclusion that they had no right to ook beu
HE indictment and second, 1t they had that the moon
bopd he denied for the want of merit of soundnesS
| NJ The ground on which it ursed-on account
namely of the absence of my thing like war in such
sense which makes the killing Of individuals excusa-
lie ar iusiube and for the that there was no.
thing the pending negotiations which took away Tue
rpht Of N York to punish offenders against her laws
This opinion the Supreme Court after the case hao
been ably and deliberately argued before them, and
which opinion though Tor the most part written oy
one was the expression OF the united Judgment oil all
the members of the Court. From that opinion, even
if did not agree with il, | cannot dissent That
decision is law with me and niny be briefly stated
| thus:-A band of men composed of Canadian rebels
and American citizens who voluntarily joined them
These took possession of Navy Island and were there
fore hostile force invading Canada. They were d.
rectly hostile TO the Canadian Government and have
no doubt that the Canadian authorities had right 10
repel that invason-to suppress that nsurrecloh ano
| to use all the which nations, when engaged IN
war; may use, against rebel subjects Or foreign enemies
But while that true, is proper also to look al Tue
rights Of neutrals. Every citizen ofths IT, 3 VINO chose
had rgh so far as respected his obligations to MS ow"
government 10 eXpairate himself ana JOIN the ',''
gents but when he done SO he was snu)tct 10 ul .n
that the rebel subjects oil u Britain incur
red. ANY Of our citizens who chose mao fght ~ ~
rv proyisons and munitions OF war 10 those
nj the risk of their forfeiture IT captured, ana IN ha
view the Caroline was liable 10 SEIZURE 1t portion oe
the armament of the Navy Islanders when thefe, -
possble on the high seas. But that every 'he''c' "
boi hostile band when our shores were secure iron"
80, L., ,hn adverse power; and the British Govern
men, had no more right To send armed men from Sa"d
Il, IN make an attack on the steamboat caroline, '"."
,hov youd have had tn send armed men 10 Huia'o ~
e1e ON the arsenal from which they feared The rebels
miubt take arms, ar 10 assasshate tue mayor " ''
ciiy. lest he might give up these arms.
4 Then in my view are the DECISIONS oil The supreme
Court-not only opinions put forth IN their decison'
hp clothed with authority binding upon me- and =" hcn
/ a, Qnf nstIn OF nj
lad xamined the question fully and came TO oppo-
size conclusion from that of the higher Court am
administering law here subject 10 the review oi That
very tribunal and therefore feel bound To reject the
proposition 10 offer these matters IN evidence.
Mr. Spencer asked The Court TO note hrs exception
10 liz decision Mr. Spencer then said he would com.
mence with The deposition Of COL Allan McNab.
Thursday Wight
The court met and resumed business between Z and
clock and the counsel for the defence resumed the
reading OF the Deposition of Sir A. McNab. The re-
naming 6l iDterrogatorles encountered considerable
objection and gave TO much argument, though not
so much rs the preceding ones. About o'clock that
deposition had been gone through with, and exclusive
Of such heterogeneous and replies, and such portions
Of them rs ruled out by the court, stated in sub
stance, as follows:
Deposition Of Allen McNab-I know a body of
militia was assembled at Chippewa in the month OF
December 1897, and January lc3S, to the number
Of between 1000 an 5000 to rePel an expected inva
sion from rebels and American brIgands assembled
on Navy Island and the American shore near
Schlosser They were ordered out by the L:cnten
ant Governor of Upper Canada Sir Francis Is. Head
SIR Francis al Chippewa more than once during
the months before mentioned. assumed command
Of the forces assembled there by his directions. re-
member the last time when the Caroline came down
previous to her destruction. From information had
received had every reason 10 believe she came tor the
express purpose of assisting the rebels and brgands on
Navy Island with men, arms, ammunition, PROVISIONS
l.,gf,o 81
instructions To watch the movements OF the boat, ana
To report the same 10 These gentlemen told inc
they sa her land cannon, several men, armed and
equipped soldiers, and that she had dropped her an
Choir under the east side of Navy Island Upon the IN
formation had previously received from highly re-
spectacle sources Buffalo, together with the report
Of these gentlemen, determined TO destroy her that
night. entrusted the command of the expedition Tor
that purpose 10 Captain \. Drew, Royal Navy Seven
boats equipped and left The Canadian shore, but
don't know the number Of men in each boat
ordered the expedition, and first communicated it
10 Capt. Drew, the beach where the men embarked
short time previous to their embarkation, Iaplah
Drew was ordered 10 take and destroy the Caroline
wherever he could iUd her. was on the beach when
the boats embarked and when they started had been
there about a quarter Of an hour | noticed most Of
the persons going into the boats. | stood within or
rods of most Of the boats the men went and whilc
they were preparing have known Alexander Nc
Leod ) or years | think saw him the day pre-
yious to the destruction of the Caroline, but i'll what
nlace and on whai ',"e;"s"s do not Ivcuir. au
moi see him when the boats showed of to destroy the
Caroline lie was not IN my presence that evening
was on the shore when they returned, aud was hear
tie boats when the men landed saw The faces oil
pe rhaps one half of those who landed, but did not see
Alexander Mcleod, nor do | know where he was
the Caroline on lire, gong down Inc river, a,cl
the boats had left her think made return 10 the
Lieut. Governor of L.. c. of the officers and men Who
destroyed the Caroline, and am sure the name Of
Alex. Mcleod not among them. ! was not IN
command when the force took possession OF Navy Is
land.
Crossexamined-I was commanding officer OF tho
whole force, naval and military, at Chippewa; saw
Mcleod once during the week preceding the destruc-
ton of the Caroline, but cannot ecollect The day. the
hour Of the day. the place al Chippewa, but thnk
it was the day before the destruction have no recoi.
lection of conversing with Mcleod on the subject oil
burning the Caroline ] have no recollection OF MIC
Ieods telling me he had been 10 Buffalo and had seen
the Caroline, and described 10 Inc her SIZE, appear
ance &c, but recollcct distinctly the information
received by me, which induced me 10 order inc de-
sructon Of the Caroline, was not had ron 90
never went in large or small boat with Mcleod
around Navy Island, after | heard the caroline
had come down TO assist the rebels, and alter llad
received the report Of the officers appointed 10
watch her motions, | made up my mind 10 nave
her DESTROYED This the day of her destruc'
ton | did not mention my intentions 10 Mcleod or
in his presence, do ] think he could have known
any thing about it.. commenced preparing LOT the a.
tack Immediately after the report made 10 me by the
officers OF her having landed men and cannon ut Navy
Island do recoJlect Of being Of Davis tavern on
Tie day after the burning Of the Caroline, nor did see
or have any conversation with Mcleod on that or any
other day after The burning OF the Caroline, on that SUB
cct ! ,hiak there about forty men embarked IN
the boats; think knew them ALL the bouts were com
mon ship boats; and think there seven or eight
men in each boat; and recognised the faces OF all OF
nearly all, who embarked.
Captain Andrew Drew commanded The expedition
have no knowledge of person hy the name OF NC
Leod being in the expedition If there had been lhnK
must have known it, The men disembarked nearly
At The same time and al the same place whence they
started. do not think any Of the party belonged TO
The regular army, belonged 10 the navy, aud some
TO the militia. think the engaged marched down
TO the boats in body, except the men who brought
the boats the places Of embarkaton, but was no
particular military display and when they returned
they went to their quarters. The men were dressed IN
their ordinary clothes, the militia at the time not being
provided with uniforms They were armed with pistols
and cuasscs the pistols belonged TO the same Provn
,..1 nnIar