Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-10-15
The facts. gentlemen, to be adduccd

The facts, gentlemen, to be adduccd VIII
show that the party which made the attack up"
on the Caroline consisted ut the crews oil seven
boats, SIX OF them containing eight persons, ana
one contain ny nine, and was made up OF Brit
ish PROVING al soldiers then on duty at Chippewa
that Col. McNab ordered the expedition
that he acted under the authority OF Sir Fran
els Bond Head, the Provincial Governor, who
directed them TO seek out and destroy the Car
one, which he then believed to be in the EN-
poyment of the party on Navy Island, who had
there raised the standard of revolt, fortified their
camp, and opened their batteries on the Canad-
an shore.
When this party was so crcumstanced, and
at a season of the year when navigation by any
other vessel was extremely perilous that came
down for the express purpose Of being employ
cd by the occupants of Navy Island, and in their
service that boat was from day to day engaged
The boat was then as liable TO destruction at
Schlosser, as if she had moored at Navy Island,
70 far as respected individual responsibility
indeed it is now proved that Schlusser was
the very rendezvous of the party of the inva-
ders of the Island or of those who were cont in
ually carried over to the Island
We shall contend then, that the boat while
at Schlosser was there for as hostile purposes
as if at Navy Island, and that the British author
tiles were, therefore, as much justified in de-
stroyng her there as if she had been at the lat
ter place, and k every American citizen if
he woull have regarded the deructon of the
boat at Navy Island as an offence Night not
the Island have been justifiably invaded and the
persons 80 invading it being chargeable with the
crime of murder or any other offence against
the laws whatever 4 Whether the insurgents
on the island were right or wrong is wholly i'm
material.
The Canadian subjects of Great Britain had
Iseen fit to revolt and with the aid of American
citizens had made oIe1 war in Canada, and
whether they we're right or wrong it was a war,
and all the rights and mmuntIes that belonged
to those engaged IN war, pertalned to them.-
We will show to you, { rat the government of
the United States took the view of the case. that
they took the cognizance of this offence, and de-
manled repara'ion from the government of
Great Britain and that at later day the Brit
ISL government acknowledge responsibility
of that act, and declared that it was done in obe
dence to the itish Provincial government,
and justified it as a necessary act for the pro-
lection OF the subjects Of Great Btita in Can.
ada.
The Federal Government then, under the
constitution, had taken full cognizance of mat.
ter, embracing not only the invasion of our ter
the property OF one of our citizens, and the Ia.
king away of the life of another. All those con.
sderations were presented to the notice of Grea,
Britain, and our Government mindful of the
nations rights, and ready to vindlcate them, had
demand I'd full and entire satisfaction for the in.
Jury which our country has received. But the
individual who formed part of that public force
of Great Britain, stands excused, as he always
must, from all the consequences of his action
under those orders. As an individual offende,
he is not amenable to any tribunal.
Passing from this will now take I'd anotbe,
branch Of the case, on which am we'll pessua
ded the intelligent Judge who presides here ant
myself shall have no difference OF opinion, what
ever may be our respective views Of the othel
| features of the case, and the tenfod more deen
ly in.ere sting question Of constitutional right
and that is the point as to whether Mcleod hat
any thing to do with the tra' sacton or not.
| am willing and intend to call your atten.
ton more infinitely to the evidence SUSTAINING
that ground of ,ie' ., than to that pertaining IL
the OF err pos ton which we have assumed. Re
cause the ev nee sustaining the latter IL not
in any degree susceptible of dispute
Ever wo d Of evidence given on the part of tbe
prosecution has gone to establish our case. an,
what is yet to come will only COMPRISE VIII,
has been shown already. But the point +,
which call you now is that Alexander Mel eo,
had no more to do with the destruction of the
Caroline, or with the killing OF Durlee, than e
Their of you, gentlemen OF the jury Not an,
more. And speak with knowledge oftbe fact:
and will satisfy you that what have said is ful.
ly and literally true.
confess that am somewhat surprised h ,
the results OF the trial which we have seen
! anticipated much greater strength on the par
OF the prosecution. VII! say to the Attorney
General-if am honored with his audience.
| | will say to his associate, that am as,onisbe,
at the ieeb enc IS Of their case, Conducted as il
has been with snch an array OF talent With
, out making any extravagant pretensions to tina,
sort of skill in matters OF that kind, yet would
venture fearlessly to enter on the argument n,
| the evidence, as It is now before yol, wi,hou,
| the slightest dread Of verdict against NV eli
ent. But am not at liberty to play at lap.haz.
| ard in such a case as this. have here IA do
| lend man whose life is as dear to him as yours
is to you, and to whom you are bound TO Giye
| fair trial, patient hearing, and faithful and
IMPARTIAL verdict, just as much as if he were :ar
| American citizen. ask no favor at your hands
because he is a fore gner. We expect NOTHING
whatever from your hands ON account of the
| difficulty in which your verdict NAV place the
governments OF the two countries. We ask on.
~ tuat ou VIII isleH W tHe evidence, cautions,
ly weigh it, and then pronounce whether Aley.
| ander Mcleod is a murderer or not.
First, then, we will lay before you mass Of
| evidence taken by commission under the orde,
of the Supreme Court which, singular as il !.
has been attended to in the execution bv oen,le.
men on both sides. And here let me Remark
that the opposite counsel have enjoyed ali tbe
advantages which perfect knowledge of on,
whole case could afford, while we have beer
kept in profound ignorance of theirs YES. had
| they enclosed their case in the hecatombs q
Egypt it could not be more vigilanly concealed
| from our view. None of the new wItnesse.
who are relied on to sustain the prosccutio,
went before the grand jury. There NAV he ,
few exceptions, but believe my assert ion viii
| be found TO be correct. And permit me to add
that in my judgment if this ca Sc were tried a.
often as the moon changed. new witnesses coul,
| he found to prove the case as strong as il ba,
! been presented on this trial. But the commits
SONS have been returned, and the evidence vii
be read before you.
With great deal Of pains and perseverance
| my respected colleague succeeded in fndmo
| some men, more or less, who were ON board q