New-York tribune., 1841-05-19


definite As TO the expression do any act nece'ar: o'
protection Of her Majesty territories, sc inc
not decide tina, the killing OF DuTfee can 'e
snch necessary act yet tais Is 'H'
soncr is be tired.
- % answer some of the propositions ad-
a,ed ly the opposing counsel And hrst ne says tha'
ho obiec. does BY order Of his sovereign ne cannot
o-.o,1 held responsible This, best, !.
~ m far az his own sovereign IS concerned. The Punci-
ols narrower has application the Of Mcleod be-
,sc has been proved that he volunteer 'stte!
say that, evenin actual war those belonging TO The reg
lar army be protected prisoners OF waTaoi
10 be guarded by tho laws Of In the Roman Republic
seae but srora soldiers entitled the privileges OF
war if civilian vou,cer and place ms VII! IN the hands
of another he be protected in such an act Now
Mcleod was a volunteer: a. that required Of him,
cordng testimony was TO olo" Capt DTe" 10 the
id" know of no principle which will coyer this case
In the second place the opposing conn" say that the SUB
ect cannot look to see whether another sovereign vi" be M
iurcd v his obedience his Mr. Hall stated that the
Laws of Natiens az he should presently show part
of the Common Law every individual is bound by them
and no one is allowed plead ignorance Of them If the
prisoner then has committed murderan offence against
the Common Law OF which the Law Of Nations part-he
o,auo, plead that he allowed disregard the effect his
nc,. NAV have on another The principle faa
cious and not of universal application.
Again the Opposing Counsel refer the Of Gen Jack
,on in Florida a. precedent Those who oppose the
of Gen J. on that occasion acknowledge that the matter
should have been brought before the Civil Courts the only
reason why it was ROT that there no Courts IL
Florida
Mr. Hall then proceeded to discuss the third general III
qury--wletcr the order of foreign government shield
murderer from trial in this State
If go it must have this binding either by acting di
rectlv on this Court by general law binding upon
the Court As the first pctencc VIII be sade that
order has any such binding efficacy As to the second 1t i
denied that there any law either civil national giving
this effect TO the order of a foreign power.
He then cited Blackstone Com e. show that the lar
of nations is part of tie lar Of rbich fS Court
has jurisdiction The whole of the burning of the
Caroline may be brought up before ai. Court and decided
as matter Of common law There be doubt that
,hs n proper subject for the l. 5 Courts if they choose
TO take it MP; not, where shall bo tried Not the T.
s. Courts becnuse they have made provisions in the
State Courts becau,c is a of national law;
Canada surely because they have Jurisdiction The mur-
dcrcr escape; justice dcroudcd and Cain s sent
forth stained with the mark of his brothers blood
This power grow OF the national law, Tor tins
not grantcd by the moral law the command of that
is to do no murder nor it he found any treaty tPua
lion that an order foreign sovereign shall protect her ci
zens in defying the Of another norris cngraen IN the
great national which govern alike nations and uvd
uals Is to be found in the customary law Has
been the practice send orders this nature
which have been recognized by others There emo d
ference arising tie the offence the and
place its committa If England may send company of
soldiers burn Buffalo, and their guilt by ayowal
of the act why she send Rochester and
Mackenzie and the take him chance Kill
him in the cndeayor why present his order and 90 free?
In principle then these and the before the
Court essentially the although attending circun-
stances different. But the British did nuke ma
question the offences Baker and Greeley the
authorities seized the and declared that the safety OF
,her and demanded their arrest Can we
permit then from Canada AID murder c,i-
aud suffer them go unpunished Tho doctrine
monstrous and to be entertained by any Court.
There is netting. in the customs Of nations 10 show
that individual responsible for obeying the orders
his sovereign, if these orders be unlawful
The principle dangerous every petty s,ra;agcn becomes
Of punishment be inflicted upon
fender but bc resorcd to IN order to obtain r
dress.
Another ground which is assumed is. that the offence
the individual is merged that OF the nation What
mean, by merging crime Can be transferred =
Can the malice the murdSrcr, hcar;ha; which
the all criminalitybe transferred another Ii
the individual doing his duty. malice was ever
planted there and murder has been committed but he
be murderer, nothisg wipe away the
An attenp, has been made place the Mcleod
footing with that ct Embas>ador charged
any offence against laws. Thcrcis however analogy
between the Two cascs En,bas-ador all and
all Natioa> has sacred and n,oaole characters and
~hy7-Frors compact and State necessity. Wcrc it
there could be no end but nothing like attaches
individual agcn, perform single how
claim the strength of this, thai the LAW should pass
by murderer who i iostS iuaGri segerS
Mr.. Han then remarked that he spoke OF Mcleod as