The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-24
PUBI.Ius.
Nem Forh Correspondence.

New YORK, June %.
In the case Of Mcleod, the Supreme Court of this
State will pronounce its judgment on the writ OF
habeas corpus at its July term in Utica have rea-
son to believe that the decision will be against the APP
plicaton, and in favor of remandng Mcleod for trial
And, as am led to believe that the recent debate in
the Senate, undue prominence was given TO consde-
rstions and aspects of the case which, however pro-
pery to be regarded are not those which viii and
should Immediately control the Judgment of the Court
at this stage, ask leave to indulge few remarks on
the subject.
Mcleod, it will be observed, stands properly in
dcted for the crime Of murder committed within the
acknowledged jurisdiction of New York, and upon
the person Of one of her citizens The killing is cs-
tablished and admitted the evidence that Mcleod
was concerned in it is quite strong, consisting in fact
of his own boasting admissions But he pleads in bar
of the prosecution, the orders Of the British au,hori-
ties and the subsequent distinct assumption of the
sponsiblity by the Queens Government-But of what
acti OF the burning Of the Caroline The killing
of Durfee is assumed to be necessary incident of
that enterprise But how is this essential point to be
established New York says it must be- if at ALL by
judicial investigation and the finding of Jury
Suppose it should appear on trial that Durfee was
shot by Mcleod, and that wantony, malicously, and
in the satisfaction of personal quarre-would the
ags Of Britain then protect him Recollect Durfee
killed on the main land, and almost certainly af-
ter the capture of the Caroline was complete, Sup
pose he had been chased mile inland, and then shot
would such killing be a necessary incident of the
burning of the Caroline; 1t strikes us here that a
nd I,rv cI,y
Their Mcleod was really concerned in the killing OF
Durfee secondly, whether said killing was really
an act of public duty or of private malice II
it were strictly public duty, then it is clear to
me that the individual agents of Great Britain have
incurred no proper responsibility to our laws but il
strikes me that this is point to be established, moi
taken for granted.
Let me make my point clearer: Suppose Prince
Albert were to come over here tour, and should
here take the life of citizen in a sudden melee he
would of be arrested and held trial the
as any other offender. Now the Queen, anxious tc
his life, might very easily persuade her ministers
to assume his offence as a national act but would
that make it so Clearly not If political immu.
nifty were set up, it must be proved on trial in my
judgment
think this view of the is strengthened by the
proceedings in the case of the BosToN MASSACRE
l770, and in many cases of homcides committed in
suppressing riots or instructions in Great Britain
think, in no of the kind, has the British law
considered the mere assumption even the positive
command of superior authority, such justification
Of military homicide to entitle the offender TO
quittance without trial. Is il not so' But must
take leave of the subject
There was destructive fire in the village of EImi
ra, Chemung county, in this State Thursday Of
last week, by which over thirty dwellings and places
of business were consumed The loss must he some.
thing like $4,000; about halfinsured.
The Rocky Glen Factory in Flshkill, Duchess
county, was burnt to the ground between and
o'clock Sunday morning Los $4,000, incu.
ding s66 900 worth of machinery The books and
goods were saved About 300 persons are thrown on,
of employ by this disaster scsen-eighhs of them fe
males. Insurance 5000 The owners are gene.
rally wealthy.
JAMES KING Esq, an eminent citizen of Albany
and one of the Regents of the University, died on
Sunday, as he preparing for church. His age
was 81. His loss is profoundly depIored in Albany
The new county of WYOMING, formed from old
Genesee, elected county officers on the 10Th. The
Wing ticket prevailed entire over coalition of Tho
Loco Focos and Abolitionists Majority 300. This
county is the residence of the renegade Ddrid Scott
and the Locos were confident of success
| Capt Cooper of the British brig Emily, from Sierrt
Leone brings dates to the llth. 1t very slckly
there when he sailed among the recent victims o
fever was the Governor General, Sir John Jereme.
/ There ia Ittle doinu in SincLa ,,.,lay N panL
closed at Is l-2, and there was general decline.
| Flour has improved in price Canal IS, IS; Ohit
So, l2a 10 Michi5 IS IS IL. In cotton no change
Yours, HAROLD.