Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-25


Cont ca moi enquire into the merits OF this case at all
Mr. Spcncer said that would involve the merits oil the
question - -,
The A;torney-General said he had understood the
learned counsel 10 say, the other day. that mere were
yeral questions depending, and that he a'lcd IN
,hs first there might be motion To discharge on pan
&c. &c If so, lie (tie Attorney -Generup shouiu
ask leave TO present documents, and 10 Drlhs :" oe
matters of fact which had been gwen IN eV'oeh1s
fore the Grand Jury elsewhere ana men WOMB W.
case come up, on which the Court would have 10 ae'
eide whether there had been legal cause Oh oe'e"'o
presented. 49,. r H. srs,
Mr. Snencer wished the Court 10 dispose OF the frst
question: founded international Ia"' "h''h Ne
garded as the only question worthy oil serious
lie would rive up all argument tor chanse OF eS""'
| al this time. :, ;. IL, r. J,;doJ
The Attorney General said if the Court dec'oed
r.;ns, him on the point lie had urged, he should go
into the merits Of the case, when wou'u give the
| counsel opposed 10 him the advantage vi an oi -,
,,J . closnr on their nation. Now he assumed thht
bo couri sitting here in Bank cannot enquire INTO the
f,cts il was beyond the power OF THIS court 10 enquire
49,, ,bm n, but if the question of bail came up, then
,he merits of he case must be gone INTO, and ne hopeu
The court would put the prosecuting Objects " '"e
disadvantage of taking such course.
some conversation ensued on the form OF proceeding
n tho course of which it arranged inot Inc case
should stand over until Tuesday 10 give the Attorney
General time 10 consult with his associate.
lRepor,sd Jorhs " u Erpre:,l :. zen
CASE or ALEXANDER MCLEOD.
Mr. Woods commenced by reading the enrolment OF
the steamboat Caroline at the Collector Office, Bufiao
describing her dimensions and owners name, MI.
Wells-dated lst Dec, l-31.
The llcencc also submitted, beng the same
date. o.,,
The next document read the deposition of Gill
man App!eby, taken before Judge Bowen at the time
cLeod was taken up on babcas corpus ana motion
mnde for his discharge, 18th Dec last.
with command oil lie caroline IL TIE
time Of the attack; he received thrust az he was COM
ing on deck; the person who thrust al MN, ana
lhorht il 10 be Mcleod could not swear that lie was
The man; the man who made the thrust had flushed
counlenance. lie examined neat day, but coulc
moi swear that he the man, although he heieveo
he was there the ony doubt he had arose IRON the
want of the flush the countenance; knows Durlee
was killed saw him after he dead, found HIM "
ing the rail track about IO or oo ieet from Inc WHAT,
shot with bullet
The cross examination was omitted.
Deposition of Leonard Arson read-was formerly
resident Of Lockport but lived in Canada until alter The
burning Of the Caroline-saw Mcleod at Chippewa,
during The day Previous and the morning after the &C.
|currence-the men were talking about who did most,
and Me- cod hoasied that he had killed Id Yam
kcc 81 beard The Caroline, and there is his blood pro-
ducins pistol he had also s@ orc By his side
The affidavit Of Norman Burnum was next rcad-was
in The British encaInpmcnt at Chippewa, and the
Caroline pipes down the rlver-there was great ex.
element at the time and desire 10 take her. Heard
Col McNab say, If the soldiers would give up their
pistols, lie would answer for their return.
About o'clock the expedition started guided by the
lights on board the Caroline, at Schlosser-the per-
sons among the expedition Ronald Mcdonald,
Captain Mosicr, and Alexander McLcod-he said hls
blood had drunk the blood of person on board From
what he heard at Chippewa during the day and night,
he had no doubt Col hlcNab was acquainted with and
approved Of the expedition.
MIR Hall then succeeded Mr. Woods, and commenced
his reply 10 tie counsel Tor The prisoner by reading the
copy of an official despatch from Sir j. Head TO Lord
Henely, the British Colonial Secretary, in "Heads
Narrative" D. $50, in which the expedition against the
Caroline is described as composed OF volunteers who
embarked in total ignorance OF It's objects, and pursu.
ant the requsitlon Of Capt Drew, which requested
the aid of "a icw fellows who would 20 with INN to
the devil" Mr. Hall remarked that he read this docu-
mpn for the purpose Of showing that at the time the
Caroline boarded she occupied position on the
l.. S. shore.
A Message of Governor Marcy TO the Legislature Of
the State of New York, dated January y le,i-, and
which q contained in Public Document No. !, was
next read by Mr. Hall. With tins paper the public IS
already acquainted, and il only necessary TO stale
that !, rave detailed of the destruction Of The
Caroline and called strong language fer the prompt
and efficient interference Of the Legislature tor redress,
and prevention Of similar aggrcssions
Next was a communication from the District Altor-
ney of Erie county, acting for the t. s. and addressed
to Governor Marcy, dated December 80, lc3I Inns
document enclosed another deposition mace by Mr..
Appeby, giving account OF The trips made by ,ae
Caroline on the day previous to her destructon-that
she merely "landed Il few passengers and quantity
freight Navy lsandund also rciteraiIrg his tor
ncr narrative of the taking and destroying OF the boat
by an armed force from the Canadian shore. 10 TINS
deposition attached the signatures OF several cor
robative witnesses.
Then was read the remaining portion Of the letter
from Mr. FORSYTH to Mr. Fox, dated "Washington,
December 70, $780," which had been referred 10 on
Monday II signied the refusal of the Government
i Il, ,I,a "a. Mr. La tyr
The immediate release Of Mr.. Mcleod, and expressed
at length the grounds of that refusal
| Mr. Hal! then concluded Gy saying that he would
not trouble the Court with any further evidence, rs he
did not propose the introduction OF the testimony TO the
grand jury.
Mr. Bradley then arose and addressed the Court for
the prisoner II utterly impossible for Us TO give any
thing like full report OF his long and eloquent Speech
although we have taken the most copous notes oil H.
We will however endeavor to present our readers win
a brief outline Of his argument The learned gentle
man commenced by abiding TO the vast Importance
of the case involving it did, considerations OF lhe
greatest magnitude and most momentons interest ne
then referred the facts Of the case as presented IN
the allegations of the prisoner, and modified ny e a'
diiona ones offered the consideration oil Tie Coul on
Tia, day-fac,s which were undsputed on both sides.
lie spoke of The admirable subject which these facts
presented for the exercise OF the eloquence Of the
counsel The opposite side, Inc spirited ieihoh.
STRANGE of the American Minister al ST. James
would furnish them Win an eSCtieHl ~
their efforts as directed against the assertion OF me
rights Of this country, he hmseIfcoud sympath'se win
them, and heartily wish them endowed with all the
powers of the sold man eloquent the thunccrs OIL
whose rhe torc shook the forums OF Greece. but
whilst they made good their own position, they mace
good that which he maintained III behalf OF The prison.
er. That neutrality which existed amongst nations
could not be violated by individuals Nations alone
could preserve -nations alone could violate IT, IN
dvduas, such, could do neither but IN their charac'
ter of subjects, and the employment Of the Govern
men, to whom they owed allegiance they could do BOTH
and then their country became responsible The VIOLA
ton then becomes an act public and national IN ITS cha
racer.
The prisoner was charged with the crime OF murder,
but the conduct complained OF must be shown TO have
been entirely yoluntury-that his will assented botn
before and at the time, without having been con-
,rolicd BY any influence which left him no power to
resist
The learned counsel here entered into very length
cned and elaborate investigation OF the constitution