Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-10-15

| as follows:
Gentlemen Of the jury viii endeavor 10 open this
defence in the which has just been suggested
BY his Honor the Circuit Judge because it is precisely
The way in which every defence should be opened and
from winch the jury best appreciate the evidence 10
be brought before them need scarcely say that this
lsa case ct no ordinary character and importance. IL
- the first OF the kind you have tried in all
probability will be again called on 10 investigate. 4
solemn duty has deyoived upon you, and have not
the smallest doubt that 1t will be fully and faithfully
| discharged.
The defence which intend TO make is twoold,
and vii place It before you in lis double aspect thus
early in order that the Court may be prepared direct
our conduct Of tie II may think proper. In
The FIRST place, ,hen viii inquire whether any
de: has been committed all, and secondly whether
# the question be answered III the affirmative, Alex
andcr Mcleod was Of the murdcrers.
The frs, portion Of our defence shall conduct
with all Difference 10 the opinion Of the Supreme Court
which the learned Attorney General referred fully
IN ms opening. We are no stranger 10 that opinion,
nor 10 the question presented for the argument which
drew forth that np'nIon; and the learned gentleman
opposite really supposes, he said, that the Counsel o
The prisoner sustained rcbGkr when that opinion was
delivered, avail myself Of this early opportunity In
say that the Counsel have felt the justice that
ebuke, and it yet remains be shown that the OPT
mon administered any just rebnke. There some
things IN that OPINION, which, when FIRST beard 1t
here within this very circle, then fell upon NY
little strange, but there IS also very much OF that OPT
i
document is ably vriilen-t contains the evidence Of
great research and profound legal learning, and il
may prescn, lie sound law oi the But whether
II be The sound law Of the not and whether The
learned Judge who now prcs,tes on this trial viii
regard il, know not, but feel bound 10 conduc, this
case the broad grounds OF what consider the
principles Of law as applicable 10 It.
We shall then in the first place. after few
facts shall have been made To appear IN evidence he
fore you, insist that there be such offence
that Of murder proved growing ont Of the desruc-
ton Of the "Caroline." And here GLOW to say
that, in the whole course Of my rcading-!im,ed ad
nit II has been-and in all my experience never
knew Of a similar II is for The first time
that We see an Individual acting under The authority
and by the orders of the Government whose subject
lie was has been put trial for obeyng those orders
This indeed remarkable occurrence almost 1t The first
half end Of The l9;h century As the counsel Of AleIan
der Nc eod then, shall have occasion 10 contend That
there can be such thing murder charged against
any of the persons who termed the expedition sent 10
destroy the "Carolinc, and let me here add That the
question as 10 whether the act usitiable proceed
uu or not on the part Of the British Provincial Co
vcrnment, cannot be entertained by you.
The facts, gentlemen, TO BE- adducrd, viii show that
this party which made Tie attack The Caroline
sisted of the Of seven boats-six Of them con
tanning eight persons, and one containing nne,-and
y lcl were made up of British Provincial soldiers then
on Lnty at Chippewa, British Naval officers then on
duty at ChppeNa,-tat CoIor, AcNab ordered The
expedilion-that he acted under the authority Of S,r
Francis Bond lead, the Provincial Governor, who d.
rected them 10 seek out and destroy the Caroline,
which he then believed TO be III the employment OF the
pafty on Navy Island who had there raised the stand
ard Of revolt, fortified their camp, and opened their
batteries on the Canadian shore. When THIS party
was thus crcums,ancsd, and at season Of the year
when navigation by any other vessel was extremely
rer,lnns that boat down for the express purpose
Of being employed by the occupants Of Navy Island,
and in their service that boat was from day 10 day EN-
gagged
The boat was then as liable 10 destruction at SchIos
ser as if she had been mooied at Navy Leland, 50 lar as
respected individual responsibility. Indeed, il wcs now
proved that Sclosser the very rendezvous Of the
party Of the invaders Of the Island, or OF those who
were continually carried over 10 the slard We shall
contend then that the boat, while at Sch.osser, was
there for hostile purposes as II at Navy Island, ana
TINT the British authorities therefore mach JUS
t6ed m DESTROYING her there if she had hcen at the
latter place; and | ak every American citizen II he
would have regarded the destruction OF The boat at Ma
W Island as an offence; Might not the Island have
been iustably invaded, and the persons on taken
prisoners and slaughtered without the persons so IN
yaang j, being charseaLe with tile crime OF murder,
or any other offence against the laws whatever? Wle-
er the insurgents on the Island were risht or wrong
IS wholly mrnaLerlo Whether the Brush Govern
meDt had been tyfanncal and had driven these people
10 d.speration, is wholly immaeral. The Canadian
suh,cs of Great Britain had seen ut 10 revolt, and
v;i The assistance Of American citizens had made open
war IN Canada aud wlo ,rr II right or wrong, It
vas war and all the rights aEd imu'unities that be-
lonped 10 those engaged IN war ptrsaned to them.
We vii! show 10 you, gentlemen, that the Govern
me nj Of the L S. took tins view Of The case-that they
took counzance Of this offence, and demanded epnra-
ton from tie Government If Great Brllain-and that
nj n later day the British Government acknowledged
hc responsibility of that act and declared that II was
d,re IN obc doncc the British provincial government,
and justified il as a necessary act for the protection o.
the subjects of Great Britain, then living IN Canada
The Federal Government then under the Constitution
had taken full cognzance Of lh's Whole matter eni-
b,acpg not cny the INVASION Of our territory, but ESQ
,b distraction Of the steamboat the property Of one Of
our citizens and the taking away OF the lie OF another
All all these considerations were presented TO the no
tce of Great Britain, and our Government mindful Of
the nation rights and ready 10 vlndcac them, had de-
manded full ana entire satisfaction for the injury which
our country had received. But the individual who
formed part that public force Of Great Britain st@nGs
excused he always must from all The consequences
of his action under those orders As individual oi-
fender he is not answgrab!c 20 any tribunal
Passing from this will now take up another branch
of the case, and when am vel! persuaded the in'r
cent Judge who -csides here, and myself; s!rI: have
no difference OF opinion Whatever may be our respect
i've views Of the other features OF The case ana ms
;rn!old deeply interesting question o. cnhsu'u
f;ona r;.h-and that is the point ~ tn whether vi leod
had any thing do with the transaction or not am
wilma. and intend 10 call your attention more M
nucly 10 the evidence sustaining that ground OF de-
Gpce than 10 that pertaining 20 the ether position
,an;ur the latter, is moi, in any degree, snscrp'
Die Of dispute Every word of evidence given on
The part Of the prosecuton has gone to establish our
case and what is yet TO come, will only conh'' VIVA,
has been shown already. Eut The point TO which
call you is that lsod had no more MORE
The killing of Duree than either Of you, oil
'Ls Inry Not any more And speak with know
ledge Of the facts and will satisfy you that what av'
now said is fully and literally true
con,ss thai an some what surprised by the results
of His trial which VIC have yet seen, ! ans'epaiea
much greater strength on e part OF 'e
with his scnce-l will say 10 his associate, that
am al the feeb'enesso! their cause conduct
I'd rs il has been with such an array Of talent
Without making any extravagant pre,ensons 10 tina
sor, of skill in matters of this kind, yet would fear
essly venture 10 enter the argument on the evidence
as is now before yom, without the slightest dread
verdict against my client. But am not at liberty t.
play at haphazard in such case as this have her
10 defend man whose life is dear 10 him yours
to YOU, and 10 whom you bound to give fair ria
"A patien, hearlng-and faithful and impartial yer