Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-05-24

1 also ~ hs side
witness had known Mcleod or MONTHS
90 not know any other person present except the
oar.keCper. Became acquainted with Mcleod Al
Chppewa. Does not recolect what the other.
SAD, but they seemed 10 agree that Mcleod had
done most.
| dernlan Hall. Of Buffalo, Dec. ~, 1887
On the 29;h of December, was ut the British en-.
eampment at Chippewa. In the afternoon the Ca.
rollne was seen going from Schosser TO Navy Isl.
ana; there was much excitement among the officer,
and troops Some Of the officers determined to ser
the Caroline. An expedit on was arransed. unde,
The command of Captain Moshcr. Heard Col. Nc.
Nab say that II the cavalry would e, their sword,
and pistols go, he would I've answerable for tb,i,
safe return. ~
AT night twelve boats set of. Lights were seen
on board the Caroline, and It was known tina, she
was moored at Schlosser. Witness knows that
Japan Mosher, Rowland Mcdonald and Alex
| anuer Mcleod were OF the party. Beacons were
hghted on the shore, 10 which the boats pulled on
their return.
Mcleod toasted that his sword had drunk the
blood Of two. Col. McNab knew ard approved OF
| the expedition.
Mr.. Hall then read from page $50 of Sir Frrncis
| Head's Narrative" twocStacts from his desp,tch
10 Lord Glenels, dated the 9Th of February, isSs:
one alleging that the expedition was composed OF
volunteers, who were ignorant of the service on
which they going; that all the information ,hev
mad was from Captain Drew's requisition which
/ merely saId that he wanted "some bold men armed
with cutasses, who would follow him to the devil
| The other asserting that when the Caroline was
| boarded the American guard turned out and fired
upon the as>ailsnS that Lieutenant Elmsley and
! party OF the assailanis advanced some thirty
yards upon the shore and took a position wb-s =
hey CALAMITY defended the rest against the Ameri-
can rhemen, while the fsSteninss of the boat were
| cast loose.
Ian this IS VIGOROUSLY un;rue there were no H.
hemen, and there was no firing except that OF the
asSallanis. MIR. Halls object was 10 show, II Sir
I r. "a mi hs Ill. II.
tually set foot upon the territory of New York Mr.
spencer remarked that It the was untrue in
part, 1t was probably untrue aliogeihcr.l
The next read was Governor Marcy's special
message to the Legislature, Of January ., 1855,
describing the outage stating the number Of per.
| sons on board at 80, OF whom IL were believed TO
have persisted. Sc.
Accompanying this was a letter from Mr. Rogers,
inc district attorney at Buffalo, TO Governor Marcy,
with the following atfidavitS:
!, OF Captain Appeby, taken December 30,
Stated that he left Buffalo in the Caroline, morn
ing OF December 20, for Schlosser having cesr to
run between Buifao and that Mace VIII. nj
Back Rock, ran Up he American flag: a voey OF
muskelry was fired at the boat from the Canadian
shore, hut did no damage. Landed passengers and
some articles OF freight At Navy Island; thence went
70 Seh!osser; made Two more trips in afternoon,
| .lnGiis passtngers and freight as before. At6P
! NJ. moored at the whaTfat Schlosser
tbs crew consisted IN al OF ten persons; twenty
three others came on board and asked eve to stay
Tor the night, as they could get lodging at the ia
Nern. AL turned in about 10 o'clock About midi
night was reused by the watch on deck, who told
MN mat coats were approaching. Before he could
reach the deck the boat was boarted by some 80 or
~ armed men, with cries Off Cd d-n the Yam
KEGS. Kali them ail-gve them no quarter"
NO resistance was made-n fled for iheir live -
Alter the boat Gu; loo he made dis.nt search
out could Ind only twenty zone ofthose who were on
ooafu' James II. h'ng and Charles F. Harding
were severely wounded, and some others slightly
oee'eS 'hat twelve ere killed on boardor drowned
IN gong over the falls. Saw the beacon lights and
| heard the cheers on the Canada SIDE
Deposltions OF James II. King, c. F. Harding.
| Capt Appeby. 'N'
Mr ran Then read the remainder OF Mr. Forsyth's
note 10 MIR Fox, of December, 90 1870 of which
part was read by McLeod's counsel Yesterday. I'm
the part now read MIR Fo syth asserts tie inderend
emf jurisdiction of the several states and the right
oI We" OK TO take Judicial coguizance of This
hallet-denles the power OF the Federal government
10 interfere, and its duty to DO so even If II had The
'sn'; asserts The existence of two district methods
oiredress, one by the national for the ma
t!ohat wrong, the other by the state OF New York
or me wrong done to that state &c and argues in
support oil the course taken by the tribunals OF New
| GOk, sc. - ave"
Mr. Hal then said that no farther evidence would
be offered on behalf of the people, it being deemed
SulrGieht 10 present prma iacie case in testimony
| N'isSHNt lalu bclOre The grand which
Iouhu me Indictment would rot be produced, the
counsel Tor the people being much in doubt as to the
IShl or prophecy of disclosing that evidence in the
present state of the prosecution
hr bradley then 10 address the Court
lie remarked that this was the FIRST auemp, ever
made to introduce a new princlpIe in Iegisi,,;onH
Ina' OF hoidng individuals personally responsible for
ac's done IN obedience the constituted authorities
OF IheIr country; principle whose magntud. and
Importance could scarcely he appreciated and which
eff
ihuonaI relations, whose tremendous conSenu,n.,s
mate. 'a''y 'su
IL IS the right Of government, lie ssid 10 command.
VIC uuty OF all subject to government No obev In
s'aIe Oi ma uTe each Individual man is soyereIgn-r,
Eu"uhS ms conduct only by his own conscience
MS own judgment and his own power. Nations
are ~ TINS respect precisely like individuals in the
H.a'S dPPosedi the Ind vduals composing them sur
reEder 10 certain extent their free robi oC nr,,o
as among themselves, but each nation IesnI,,cs a.,
own conduct by It's own wisdom, its own sense OF
"si", ana ITS own power 10 sustain itself in IN.
course II thinks proper to adopt.
nc sovereign auinoniy TO decide must be vs,
'eu soihe"here-in a single individual as in despo-
NC governments, IN a combination of soyrreieo a.,
!eSSltoTs as ~ limited monarches and IN n tom,
PCIary power, emnnatiug directly from The rao,,Io
as IN the United States. But wherever II t.s;5es
''S autnof'y must be supreme. and the duty Of the
s"u9ecl or ciiIten 10 obey is imperative The Co,
mef cannot be deneC. tho latter canno, be withbslJ
"Iuouta destruction Of the social compaet
IL Inc DUTY required is deemed unjust or onnrs,.
sNS, inc su'Ject may reason against il. and Tins
seek 70 effect change Of purpose; or he nav ress
ms oosauon by force, and 10 a revolution ovsrtbro,
Tue power when commands him TO do what he
u,ems unwIse or wrong. Bu, while that mower
tL's anu Is recognized, us mandates must be ob.y
co. ara ihcie Is no power earth to abgo.ze the
subject from h.s duty. '''
IL follows then az an inevii,lrs co,..,....--.
t.I!'o' sU'Ject Of one government may do In
obedience TO the sovereign autboritv of he 49,, 90
ana under duress Of his allegiance to that sn,bn,,g
ne san never be held responsible for his ACT IN y
country. ''' " MS OWN
u 'he act he - required 70 perform is wrongful y,
uyn't'o another country, IL is MOI he that i IN lao
heId responsible, he is bot the hunile lnstr,,,,,,
Of power which he cannot resist IIe bos c,.Jai
70 MS government the right to JUDGE for him os ~
ths tRPedlcncy ond the justice Of the acts tb1t gov
efnmenl - bound 10 sustain him against all tbe c,n
sequences oi hi5 act, and to afford redress fr The
ted. '"E ''ii''"lI'
This principle is recognized bv nIl ,,,;,,- ,.t;.L
haze treaties with each other f. srerogn;l.5 80,
s'S ny lhe United States and Great Ethan Tbey
nave achno" edged sovereignty each in the coz /
eminent oi tno other Bs regards rs own eitzsns n,
AuJeciS, and each Is cropped from denying INN,
miyi" the citizens or subjects OF the otb.y ~, 49,,
uOhe ~ oDedIence 10 comminds emannting from ~,
recognized sovereign authority of the nation.
me state OF New To.k Tsslf IS hound ,bu. o.,
recognize hc Sovereignty Of Crest Britain. lie,
common 70" Is adopted by our Tribunals: in hund,sJ
"ayS nef nnuonal existence is Known and admit
I.uIhe courts the Legislature itself, ond ali the
hulhorucs are concluded from denying tbe -
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