Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-06-03
THE TRIAL OF MCLEOD.


ports OF this trial now proceeding before the
Supreme Court of that State. The ground
taken In behalf of the prisoner is that the Gov
eminent of Great Britain, by avowing tho act
for which MCLEOD is anaigned, becomes the
responsible party, and that therefore the court
has no further jurisdiction in the case, mas
much as the affair is one between two nations.
This proposition includes all the essential
points of the defence. The prisoners coun-
sci, Mr.. BRADLEY, thus enumeratcs tile par
ticulars in which he believes the prosecution
to be improper: 1. IL seeks to make the Mu-
nicipal Courts Of N. York exercise jurisdic-
ton over the rights of Nations. 9. 1t seeks
TO deprive tho National Government of pow
er conferred upon by the constitution, and
drag it down to the level of the Municipal
Courts. 3. 1t seeks to thrust the Municipal
Courts OF the State between the duty of sub
jects of foreign Nations and their own Gov
ernmcnt. 4. 1t violates the independence of
Nations, which allows each to be governed
by laws of its own framing.
a. The prosecution contends that there is moth
ing in the customs of nations to show that an
individual is not responsible for obeying the
orders OF his sovereign, if those orders be un-
lawful. The Law of Nations were declar-
ed to be part of the common law of which
the State courts had jurisdiction. Ifthe pri-
soncr had committed murder-an offence a.
gainst the Common law of which the law of
nations isa part-he is amenablo i'm his own
person, and cannot plead in justification that
he obeyed the orders Of a sovereign. No
sovereign can give authority to commit MUIR
der. But in the present case McLEop has no
right to claim that he obeyed the orders of
his sovereign. He wasa voluntoer-he went
upon the expedition Of his own free will; ac-
cording to the testimony all that was requir-
: cd OF him was "to follow Capt. DREW to the
d."
Mr.. Hull for the prosecution further MAIN
tanned that the motion to discharge the pris-
oner was altogether informal. He stood in
dicted for murder; he had plead not gu;ly.
The indictment could not be dismissed UNI
less by a motion to quash for prina facie in
.formallty, by trial by the record, or by nohe
Prosequi. Iftho prisoner should be discharg-
ed by summary motion the Court would as
sumo jurisdiction over the Indictment which
no tribunal has ever yet claimed.
We have not space atpresent to give full
Ter synopsis OF the arguments on the case.-
1t appears that the reports about McLEoD's
ability to prove an abb Were entirely unfoun-
ded. The evidence is direct that he aUas pre-
sent at the attack on the Caroline, and that
he boosted of having killed man in the fray
showing at the same time weapon STAIN
ed with blood. The case is assuming an as
pect of intense interest.
The N. Y. Journal of Commerce of Satur.
day says :-Agreeably to the order of the SUI
Preme Court, issued yesterday, Alexander
Mcleod was this morning transferred from
the custody of the Sheriff of Niagara County
to that of Sheriff Hart of this city. All res
possibility of the former in regard to him has
now ceased. Until the decision of the Su-
preme Court, M'Leod will be confined in the
House of Detention in Centre street, (where
he IS at presently though doubtless he will be
permitted to enjoy all reasonable indulgences.
This decision, it is supposed, will not be made
until the July term. The question to be de-
cided is, whether he shall be discharged, with
out trial. If the Court decide Yes, that, of
course, will be the end of the business, SO
far as the Courts are concerned ifNay, then
his counsel will take an appeal to the Court
oil Errors (the State Senate) and ultimately, if
necessary, to the Supreme Court of the u.
States.
The N. Y. American adds-"As the mat.
ter now stands, M'Leod remains in the CITY
prison, but the Sheriff of Niagara, it is con-
TENDED by the Sheriff of N. ", must be held
responsible for his safe keeping.''
More Of McLeod.-The Albany Journal of
Friday evening publishes long letter dated
9th February, IS41. from Gov. Seward to
Mr.. Forsyth, when Secretary of State, in an
swer to one from that functionary, enclosing
copies OF his correspondence with Mr.. Fox
relative to the demand of the British Govern
ment for the surrender of M'Leod.
Gov. Seward maintains at great length the
right of the State of N. Y. to arrest, try, and,
If found guilty, to punish the culprit.-BaN.
inner.