New-York tribune., 1841-10-09
Tho Defence.

open this defence the manner which -aS lust
been suggested by His Honor the Circuit Judge,
because /. IS precisely the way IN winch every de-
fence should be epened, and from which the Jury
can best appreciate the evdence to be brought be-
fore then need scarcely say that this Is case
OF no ordinary Importance. 1t Is the first o; the
Mind YOU have ever tried, in ali probability vii
be again called on to investigate. a solemn duty
has dcyolyed upon you, aud have not the small
est doubt tina: il will be fully and faithfully dis
charged.
The defence which we intend TO make Is two
fold, and will place il before YOU in IT. double as
pect thus early, in order that the Court NAV be
prepared to direct our conduct OF the II may
think proper. In the first place. then, Will in
quire whether any murder mas been committed at
all and secondly. il that question be nswered in
the Affirmative, whether Alexander Mcleod vas
one OF the murderers
The first pvrtion OF our defence we shall conduct
with all Difference to the opinion Of the Supreme
Court, which the learned ettorsey genera! referred
TO SO tuy in his opening. We no strangers TO
that opinion, to the questions presented on the
argument which drew forth that opinion and II
the learned gentleman opposite really suPpo,es. ss
he said, that the counsel OF tie prisoner sustained
rcbuke when that opinion delivered.
avail myself Of this early opportunity 10 say that
the counsel for the prisoner have never felt ths
Justice OF that rebuke, and it yet remains to be
shown that thar opinion admlnStcied ed any Just re-
Duke. There some things in that opinion which,
whca | first heard them within this very circle.
fell upon my ear t;lc strange, but there is also
very much of that opinion to when ! listened with
great pleasure. That document is ably written
contains the evidences OF great research and pro-
found learning, and 1t amy present the sound law
OF the Blu: whether it be the sound law OF
] Il. i
who now presides this tribunal will regard
il, know not, bu, feel bound to conduct thi-
case on the broad grounds of what | consider the
true principles of the law, applicable to it.
We shalt then liz the first place, after a few
more facts shall have beeH made 10 appear in evil
dcncc before you insist that there can be no such
offence as that OF murder proved growing out OF
the destruction of the steamboat Caroline. And
here allow me to say, that in the whole course of
my reading-limlcd, | admit, it has been, and in
al! nv eXperence-l never knew of II similar case.
1t is now for the first time that we see an indiv-
idual acting under the authority, and by the Or
der of the government whose subject he was
put trial for obeying those orders. This is, in-
deed, a remarkable occurrence, almost at the end
OF the FIRST half of the 18th century As the coun-
sci of Alexander Mcleod, them | shall have oc-
casion TO contend that there be such thing
murder chergcd against any of the persons who
formed the expedition sent to destroy the Caro-
line. And let me here add, that the question
whether that act was iustiable preceding OF not
on the part of the British Provincial Government
canaot be entertained by YOU.
The facts, gentlemen, 10 be adduced viii show
that the party which made the attack upon the
Caroline consisted sf the crews of seven boats,
six OF them ,ntaning eight persons, ana one con
tanning nine, and which made up of British
proviaclsl soldiers then duty Chippewa, .
British naval officers then on daty at Chippewa
that Colonel AlcNab ordered the eXpedion-that
he acted under the authority of Sir Francis Bond
Head the Provincial Governor, who directed them
TO seek out and destroy the Caroline, which he
then believed to be in the employment OF the party
on Navy Island who had there raised the standard
| oil revolt. fortified their camp, and opened their
batteries on the Canadian shore. When this part,
was thus crcumstanced, and at season OF the
year when navigation by any other vessel was eN-
tremcy pcrous, that beat came down for the
press purpose o; being employed by the occupants
OF Navy Island, and in their service that boat
from d,y l. day engaged. The boat was then as
liable TO destruction u, Schlosser if she had been
moored at Navy Island, far ns respected ind-
yidua responsibility. Indeed, it proved
that Schlosscr was the very rendrzvoA, of the
party o; the invaders OF she Island, OF those whs
shall contend, then. that the boat, While at Schos-
ser, there for as hostile purpose, as if at Navy
Island and that the British authorities were there
fore. as much justified in destroying her there as
II she mad been al the latter place and ask every
American citizen ii hc would have REGARDED the
destruction of the boat at Navy Island as an OF.
/ fence Night not the Island have been usttaAly
invaded and the persons on it taken prisoners and
aughiered without the persons so invading il
being chargeable with the crime of murder or any
other offence agains, the laws whateverl Wkeiher
! the insurgents in the Island were right or wrong
Is wholly mma,eriai. Whether the British Gov
crnment had been tyranncal and had driven those
peopls to desperation, Is wholly nmaterial.
The Canadian subjects of Great Britain had
seen lit 10 revolt and with the and o: American ci;i-
zen, had made open in Canada and whether
! they were risk; or wrong /; war, and all the
rights and immunities that belonged 10 those en-
gagged in war perlained to them We will show
10 YOU that the Government OF the United States
eok this view OF the that they TOOK cosnizance
OF this offence, and demanded reparation from the
Government Great Britain; aud that alta later day
| the British Government acknow lodged the respon-
siolli,y OF that act. and declared that It dons
IN obedience to the Brush Proviucial Government.
and justified II as a necessary act for the ptotec-
/ uon ot the SUBJECTS OF Great Britain then living IN
Canada The Federal Government then under
the Constitution had taken full cognizance Of the
"RoIe matter embracing not only the Invasion o;
our territory, but also the destruction OF the steam
boat, The property OF one Of cur citizens and the
taking away OF the life Of another All those con-
slderationS were presented to the notice OF Grea,
Britain, and our Government mindful Of the ma
uon's rights, and ready yindic..e them. had de
niandcd full aud entire satisfaction Tor the injury
which our country had received Bat the indi
yldua who formed part Of that public force Of
Great Britain stands excused, as he always must.
from all the consequences OF MS action under