The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-05-25
Exam, Tho N. Y. Express
n COURTNEY z, ls4i :

"s' ,ourt room this (hon''y'
DIDO The OO", .,od for hearing the arguments
iH day 'p T,I.9 past 0, Mr. Mcleod, accompa'
% 'I The sheriff niagara s" """ Of the WIN
IVY MIS- III, scat in the recess Of one o, 'ne WI"
VA O"' A. " 10 o'clock precisely Their ho"ors .O1n
# w. Al nd inqcred if Counsel were ready In
Rk ts'S '"s .ao act down for that morning.
criminal ''' .,Iisd tina, lie was ready on the
ho "' pa Zen. not having arrived, however,
Fh' "' "';n,ry business was disposed of, and
pc p"'" ''oO after appeared with Mr.. Wood ON
10" nOooIe. Mr.. Spencer and Mr. Brad
M 'P ''',,e for Mcleod, who took his seat al the
||psg ',0 then took place, as TO which side
a''' w., n omen tho argument. The Attor-
M G G.o.nI con'endins that having 'ntorpoSed IN
81 " The right to commence was on his side.
~' raur said it was mol vital question who
l%V ,bs last word and directed the coun-
'' %, I IN, rionor to proceed
". Rniley then read the return OF the sheriff to
Wv" vii, s.lag that Mcleod was in his custody
|I2 VI" % ,dcr Of the Court Of Oyer and Termi.
|5I|$ U,nb Term, lS4l, under an arrangement on
|}K, Lamont for murder; also, by virtue ola wit
VI '.,, r,vOadendum on the part Of the people
~ I,,,,s and an order for commitment, for en-
n =, roop, damaging, and destroying the steam
Il .,rvocoe, laying the damages at $4,000, and
lain, him TO be held to bail in the sum Of 81,
I'M
III. ,Gday,t of Mcleod was then read, which
,aIl lay before our readers in The morning
mia from Mr. Fox to Mr. Webster dated March
h lIl. WIS next read-it was as follows:---
aHet Nseslles Government have had under con
Ia.nIOn the subject of the arrest and imprison-
L,alor Alexander Mcleod, on pretended charge
f,rou and murder, and am directed to make
IOoun to The Government of the United States,
hahe British Government entirely approve OF
h, course pursued by him. am instructed to de-
a.pd formally and in the name OF the British Gov
fnnen the Immediate release of Alexander Nc
aM,J the reason that the transaction was of
uc character, planned and executed by persons
luy authorized by the Colonial Government, to
Ike such Steps as may be necessary for protect.
gIe property and lives of Her Magesty's sub
ts, and being therefore an act of public duty,
hey cannot be held responsible to the laws and tri
huIs any foreign country"
Tieounsel also read extracts from tho publish
n Jurisprudence between the authorities at Buffa
hMihs Pesident, and that between Mr. Fox &
|MF@h; The object as the counsel said, being
bsheTNn the whole was a National affai,, and
laie President had considered il so, when he
alsd by Mr. Forsyth, that it was a proceeding
hch wund oblige them TO make demand for
paradOn IRON the British Government.
MWOOd then stated the reasons for opposing
he mOOn-
fHs, because The return of the Sheriff showed
II the prisoner was retained on an indictmen. for
0@r, TO which he pleaded not guilty, and the
~coald not investigate such indictment, or
NondIy, because the matter set folth in the allie
0N did not show that his imprisonment was H.
U out referred merely TO the question of his
o. innocence, which WINS not now before the
hd'y, because the attack on the steamboa,
me, n boa. owned by private citizen, uncon.
with the insurgents, and navigating the wa
ma lawful business for aught shown TO in.
airy, under licence from the United Sta,es
made while moored in the State of New York
without the jurisdiction of Canada.
'uTlhy, because the Government of Upper Can
W Col McNab had no authority to send per.
to commit the act in the State of New York,
consequently each individual was responsible
his acts
'Wm'Y, because Amos Duriee, who was murder
) was peacoable citizen of the United States,
connected with the insurgents, guilty of no Of
W against the laws of this State or the laws of
V'' Canada, and that 1t was not necessarily con-
'Sa"''h the attack on the Caroline, or necessa
~ protection of her Majesty's subjects.
s'aV discussion then arose as TO Tho question be
'"'Oourt, and as il appeared to take n differ.
Nurse to that he expected, he asked to be in
'' y, WIN 'urlber time TO prepare the argument,
T~S'PopOo ktiC U6hElUR
''''0W morning 10 o'clock
from The ". York fine, ican
0oONr, Lcod Case. AT
r'""s OF the Court, Mr. Wood, the District
~. VI Niagara, read many documents and de-
,,., '" relation to the Caroline and the killing
,,.s '' win mcLeod's participation in it,. There
eau Inc part of the letter Of Mr. Forsyth,
I,oa O'r aS'' not read yesterday, declaring tina,
'1 "as' IN the Presidents judgment, anon
!, - "'e courts of New York. @
a,al' "F''av'l and documents thus presented,
,,,a. ~ pa The part of the prisoner, in really
a ms speech took the broad ground that Nc
,v.S u.s. s"''''ed to h's discharge in consequence
10. 8 o0'e' what'ho was charged with in obe-
,b., =" superior orders, WHICH he could no,
lr Wool ,,.