The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1864-12-30
From the Montreal Canada Gazette.
Release of the St. Adams Raiders.

The town was taken by surprise yester-
day afternoon by The news that the ST.
Adams raiders had been discharged by
the Jud ee of Sessions declaring that he
had no jurisdiction. We publish else
where full report of his judgment, the
short of which is, that objection was taken
to the jurisdiction of the Court, on the
ground that the Imperial Statute passed
to Implement the treaty, was liable to be
suspended in colony, only when such
colony passed law regulating the proce-
dure to be taken within its limits; and
then only by proclamation of Her Majesty
in Her P'ivy Council That when this
colony passed the 18th Vic, cap. 10. a
proclamation was issued suspending the
operation in Canada of the Imperial Act,
so long as the 18th Victoria should re-
main in force, but no longer. That the
oath Victoria repealed the material clau.
ses of the 18th Victoria, by means cf
which the proclamation ceased to have ef-
feet as suspendirg the Imperial Act; and
that as no such proclamation had been is
sued with regard to the oath Victoria, the
Imperial Act was now really 10 force
And as that act required a warrant of the
Governor General, to give jurisdiction to
agistratc-which warrant had not hecn
issued IN this case,-.the magistrate had
no jurisdiction. Such is an epitome of
the decision of the Judge of Sessions =
We shall not enter into the discussion of
the question as to whether it is well or ILL.,
founded; but simply say it is matter for
regret that the prisoners are DISCHARGED
upon mere point Of forn.-a piece of
bunghng, if the Judge of Sessions is right
on the part of the lawyers, for which the
only excuse that can be made in the new
ness of the whole ocoeding. 1t would
have been much better in every way to
have had decision Oh the merits and if
that had been inimical to extradtion, vet
rendered III the true spirit Of our laws,
there Is good reason to believe that both
the American Government and the more
intelligent portion Of population would
have lelt no irritation, but would, on the
contrary, have been satisfied. There was,
therefore, not the slightest need for the
indecent zeal-more Federal than the
federals themselves-at times exhibited
by their sympathizers here. But the
American Government and people may
naturally feel irritation at the liberation of
these men who wrought so much mischief
at ST. Adams, upon mere form of law
touching the jurisdiction of magistrate.
Probabl y the law officers of the Crown
VIII take the necessary steps to have
another warrant made out in due form,
Ii they do not feel satisfied by what has
trapspired that proceedings under the ex.
tradition treaty are not sufficient to meet
this case; or, on the other hand, try if
something cannot be done under the neu-
tralllty laws; l. e., if the birds have not
by this time flown, and made their way
to parts unknown. But there were, we
have been told, quite number Of Amer
lean detectives in town yesterday and it is
TO be presumed they would look after the
discharged prisoners
After the discharge Of the raiders, the
Chlef OF Police, Lamothe, delivered up to
inem Their money, upon their demand
oome proceedings took place in the mat
ter in the City Council last night; and, as
tue Chief is to be formally examined by
the Police Committee to-day, we do not
think it is right to make any comments
upon his conduct. We hear it is not un.
llkelyan action will be commenced against
the city for the recovery of tue money, BE-
tween $4,000 and s87 900 in American