Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-25

,oust be impliotly obeyei. The Fight OF uoveregn'
demanded 1.-THE duty OF allegiance compelled IT.
mud the recognition of both By other nations pardon
ed it, ,,.o
Go ,ot accountable He bound by fettcrs ant
chains which nothing but revolution could sever, ant
rsvoln,;on. other nations they hid seen, had nj
h, 70 r,ve him n single motive Of hope of fear u
attempt, Revolution indeed he might try, but he trie
!, IN his owl responsibility and al his own peril
r,he command be Of such character as to violate
the social compact the right Of the subject to resist
but ike eyery other right that is his he may waVe II
abandon it, and keep in "the even tenor oil ms ale
grance and for doing, no other ota'e mas wore
censurc or of blame, much less stripe OF punshneh
besow. IL the act required be unjust w a'o'nei
that is no excuse for his disobed ence HIS power owe
foreign affairs he has coded away. lis Oovernmrh
decides for him. whether It is right or wrong ana 'pa
Judgment is his Justification. Not 50, however, as
the injured Sta,e-to her It may be wrong ""a
wrong: That judgment-that command. "ho lne'
is responsible Those who foruied the one ana sas'
the other not he who had power TO resist ouea
md stipulated by treaty TO have lie was pouh'
by political necessity, growing out OF his allegiance
aud authorized by an Almighty sanctnn; Tor lie Wht
he ID the material Universe together had sa'd-"Le
every soul be subject to the higher powers. AS well
then hold the tumbng granite responsible Tor The de
VISITATION of the avalanche, as man for the rum he
might spread when impelled by like imperative ne
ccssity Of obedience 10 his country.
Have the IT, s. and Great Britain, continued the
learned gentleman, recognized each other as nations
They have. BY war-by peace-by the Declaration o.
Internationally the pton of Ambassadors-Dy
the treaties Of 1888 and of ol5-by exchange of minis
crs-by every recognition which nations Gun make and
receive. They cannot then dispute the question Of
sovereignty or deny 10 the respective subjects the right
of obedience.
know tia, out of doors tho sacred tocsin of State
Aal hnpf,r boS
been struck But does America deny to Great Brl-
tain the state of separate independent existence No
By her Conslitution-by her adoption oil the Common
Law, OH every page oil which Is written that Great
Britain is government, she declares that Great BrI-
tain like herse nation giving commands ana ea
acting Obedlencc.
Here. then, is an act done BY Great Britain done
in the discharge Of appropriate duty to her-whch
she has rat;;ed-aD Invasion OF soil by her com
mand What remains Of 1t : Under what coGe
comes this transac lion Il is that code to which al
udrd at the outset-that code formed between nations
by which their own rights should be measured, and
their own wrongs redrcssed-the only one by winch
nations can be governed But the municipal au-
hortps OF New York the administrators of that case
No They ere part OF the machinery 10 ensure 40
nestle not international Justice. Even, then, II New
York were n separate and independent nation, its mu'
nicpal tribunals could take no cognizance OF case
which only before the tribunals Tor the correc-
ton of international wrongs.-Bu New OK, SO lar as
Great Britain is concerned, nation sne mas no
army no narv--canEut make 4 trcaty-cannot even
surrender poor FIRE ndless fugitive from justice IN
Canada-how then Gun her tribunals take cogn'zance
of a national wrong
And ii these courts, the courts Of New OH, nave
no Jurisdiction in this matter for tins crnne why should
the prisoner be longer detained IN custody am aware
that an effort has been made 10 charge h;EI partic
patton in the transaction. This very application was
made on the ground that he did, for there no issue
between US on that. But participating or moths
conduct cannot be taken cognizance oi u is court OF
any court in the l. States.
The learned counsel proceeded in this tram oil ar
gument ut great length and dwelt with much force on
The disastrous copse quences which would result from
the breach of international law necessarily involved
as he commended in proceeding with the trial OF MI
Mcleod.
Mr. Woods then replied the part Of the people, and
was followed on the same side By
Mr.. Hall in most argnmcnative and powerful
speech against the discharge Of tho prisoner The
learned gentleman supported his position by great
array Of authorities and the most cogent reasoning
Al 3 O'clock the court took recess till half past .
when the resumed by
Mr. Hall! no proceeded with his arguments.
Mr. Hall concluded his speech at hall past SIX o'clock
Mr. Spencer then replied on the part of the PRISON.
rr We took the most cupious notes Of hs aTsnniehla
,Ye aud eloquent remarks and from the circumstance
of our being DBL geG Ia 20 t. press al early an ouf
were Of course under the necessity OF drierrng their
in the line of argument adopted and sustained so torc
Div by Mr. Bradley. lie contended that Governor
Head Or Colonel Allan McSab will have been in
dicted with much greater propriety than Alr Mcleod,
and characterized the whole proceedings IN the case
as absurd and growing out of the agitation and e5-
c,tenent produced BY refugees from Canada, who de-
sired Of all things see the two countries involved IN
q
The learned gentleman strongly contended tina!
Nc Leod protected by The law OF nations, and cited
e tl,,x.t 80. tall
the point that the case was entirely beyond the jurs-
diction Of the tribunals of this country But we have
merely space 10 add that will tomorrow go on with
orr report of the several speeches. and place before the
public the most ample account Of the whole proceed
ings which the limits Of I newspaper will admit.
Before Mr.. Spencer had concluded his speech, the
Court adjourned TIL 10 o'clock this day, when Mr.. 5.
will finish his argument
Nav 10, 1871.
Mr.. Spencer concluded by a Speech in behalf Of the
prisoner and hoped, in conc!usi"n that he had shown
first that the of public lorcetha, the kill
ing of Durre out of the execution of the act and
that alone, which act was ordered BY the Continental
Government Of Great Britain, and was it such cause
as 10 render entirely repugnant 10 the laws Of nations
but that there sufficient color for the exercise OF ts
authority
The case terminated here, and the decision will pro
badly be given until the last day Of the term If Sc
soon The adjournment of the Court will, under
stand, take place Saturday week.
IMPORTANT DECISION Is THE CASE or MCLEOD.
is SrPREME CouRr, May ~, ISL.
The Supreme Court this morning made The follow
ing order iii the case of Mcleod
Tic Pcopie VS.. .Htxander .McLeod.-The defendant
who stands charged by indictment with the CRIME o
murder having been brought into Court BY the She
riff OF the county Of Niagara, by virtue of writ o
habcas corpus and motion having been made for his
discharge, and being improbable that the Court vii
be able TO render its judgment in the premises at tho
present term, it is therefore crtrtd that tie dciendcn
be committed the custody Of the Sheriff of the City
and County Of New York, until the further order o
the Court. When the transfer has been made, til.
Sher Of Niagara will be no longer chargeabe viii
the custody Of the defendant.
a Copy) w. T. HALLETT, Ck.
The n. York Times reports that the Sheriff Of the
City and county of New York has refused TO take
charge Of Mcleod and that tie prisoner consequently
still in the custody OF the Sheriff of Niagara county
FOREIGN.