Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-07-16
Mcleod HELD TO TRIAL.


Our attentive correspondent "Vcrmom,"
furnishes US the following highly important
intelligence from Utica.
BAGG's HOTEL, UTICA, Monday, July IL.
The decision of the Supreme Court in the
case of McLEoD was rendered in this city
to-day. His application for discharge on
Habeas Corpus was REFUSED, and he was
remanlcd for trial on the indictment for
Mmdcr. The opinion of the Court was read
by Justice CowEN, and the other Judges,
NELSON and Brennan, concurred entirely in
it. 1t was quite long and drawn up with no
little ability.
The facts alleged by Mcleod on his trial,
viz. that he was absent at the time the MUIR
der of Durfee was committed, &c. we're set
aside as available only on his trial before a
Jury: on habcas corpus they are not avaa-
Bile even as an argument for admitting tho
prisoner to bail, much less for granting him
what lie asks, an unconditional discharge.
As to the plea made by his counsel that
the matter of right belongs only to the forum
of nations, inasmuch as the act was commits
ted during the existence Of International
Ihostilics, the Court declared that, so far
from Great Britain and the United States
being al that time at war, both nations were
cxcrtng themselves to the utmost to avoid
such a turn of the frontier excitement as
might eventually lead to war. This question
was very fully examined by the learned
Judge, and English authorities were cited to
sustain this view of the case. The destruc-
ton of the Caroline was an act of mere
arbitrary usurpa,ion, and it is impossible,
even by diplomatic ingenuity to make it le-
climate war.
1t is said of the case at bar, that McLeod's
release has been demanded by the British
Government, and that this was incompatible
with judicial proceeding against him. With
reference to this the Court took substantially
the same ground as is so ably defended by
DANIEL WEBSTER in in his great letter IN
reply to Mr.. Fox: that this demand is made
upon the executive power, which by our
constitution as Wy every otncr, IS an organ.
lied department entirely distinct from the
judicial, to which all trial of crimes is expli-
city left. The Court expressed their firm
belief that Mcleod would have no cause to
> complain that he has suffered wrong at the
hands fan American jury.
The case will now be tried on the origi.
u nal indictment by jury. The renire was
y laid at Lockport, but ii is most likely that it
9 will be changed to some place less exposed
: to improper influences. Mcleod takes it
t Ill very coolly and appears quite unconcer-
Il ned. He is now writing at the same table a,
e winch | am scribbling this hasty scrawl.-
e The Sheriff allows him considerable liberty,
as much indeed as is consistent with his safe
e ty. lIe was at dinner with the Attorney
= General and slipped his champaign with tho
- air of a man quite at case. In his personal
IS appearance he is large, thick though not tall
II with broad homely, though not unmanly
J. countenancc. He is very polite and atiable
e pay ing no attention 10 the thousand gazes
l: that dog his steps, but answering all proper
,r questions with great sociabllity. | return
1t Immediately to the Metropolis, whence 20.
i vii! soon again hear from your faithful
lc VERMONT.