The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-07-21

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tee. and eventually passed-ayes l26
nays 50. The House journed.
From the Journal of Commerce.. 18Th inst.
DECISION IN THE CASE OF M'LEOD
THE PRISONER .NuT DISCHARGED.
An Extra from the office of the N. Y
! American contains the Opinion OF the Sr
premr Court of this State, sitting al Utica
in the matter nf Alexander M'Lend, who
claimed 10 he discharged from custody, or
The ground that the offence with which he
is charged. was public act, performed in
obedience to orders from officers appolnt
ed by The British government, and that the
act had since been adupted by that govern
ment as its own act.
The Court have decided against the
discharge of the prisoner without trial
The opinion of the Court was delivered
by Justice Cowen. 1t fills nearly eight
columns in the American. The conclu-
ding paragraphs are as follows:
When Grand Jury have charged that
i man has committed murder in Ibis State.
can imagine no case, whether the charge
relate to the time of open public war or
peace, in which he can claim exemption
from trial. II he show tha, he was in
truth acting as soldier in time of public
war. the jury will acqnit him. The judge
will direct them to obey the law of na.
lons. which is undoubtedly part "f the
common law So, if the accused were
acting in defiance against an individual in.
vader of his country. But above all things
is itimporlanl in the latter case for The ju-
ry to inquire whether his aIleg alton Of de-
fence be not false or cJlurable.
They cannot allow as an act Of defence,
the wilful pursuing even such an enemy,
though dictated by sovereign authority,
into country at peace with the sovereign
OF the accused, seeking out Mat enemy
and taking his life. Such indeed, can be
nothing but Il violation of territory, vio-
lation of the municipal law, the faith OF
treaties, and The law of nations.
The government Of The accused may ap-
prove, >d;pl"macy may glaze, but jury
can only inquire whether he was party
to the deed, or TO any act Of illegal viu.
!ence which he knew would probably en-
danger human life. If satisfied that hr
was not as sincerely hope they may b.,
upon the evidence in The case before us,
they will then have the pleasant duty to
perform of pronouncing him not guilty.
But whatever may be their conclusion We
feel the utmost confidence that the pri-
s"ner, though foreigner, will have no
just cause to complain that he has suffer-
ed wrong at the hands of an American
jury.
A, our hands The prisoner hnd right
to reqn.rean answer upon the facts pre-
sented by his papers, whether in law he
can properly be holden to a trial. We
have had no declaration but to examine and
pronounce upon the legal character Of
lh"se facts, iii order to satisfy ourselves of
The b' airing they nigh, have on the nnvel
and important question submitted. Tha,
examination has ledio the conclusion ,ba,
we have no pswer to discharge the priso.
ner.
He mnst, therefore be remanded, to take
his trial in The ordinary forms oflaw.
The effect of this decision will be, to
CduSt lUe UTlSOIlST W Ue JElet on Tile lnQlCL-
ment, by Jury, unless The casein its pres
ent form should be appealed to the Court
of Errors, The Stale senatr. as we have
understood it would be, in The event of a
decision like the present by the Supreme
Court Of New York, and should the Court
"f Errors affirm The present decision that
then the case would BE- carried up to the Su.
preme Court of the United States.
1t must be understood that The only ques.
tion before the Supreme Court was, whelh-
er the prisoner should. or should not, be
discharged without trial. The decision
was delivered at Utica nn Monday fore
noon, & was brought by express to Albany
by Mr.. Lacy, Of The Albany Daily Advert.
ser office, who left Utica in an extra loco.
motive soon after l2 o'clock NJ. and arri-
we'd at Albany in season for The 7 o'clock
boat for this city.
New ORLEANS, July 8.