The Portland daily press., 1864-12-15
81. Alhan. Raidars-Their Release.


ST. Adams Raiders -Their Release.
These murderers and robbers have been en-
trial in Montreal some weeks, and Mr.. Justice
Coursal has at last discharged them, and there
by given them the privilege of still continuing
on Canadian soil and making it base of wal
like operations from which the scoundrels can
proceed into Vermont, or Maine, and commit
other murders and rob other banks. This de-
cision of Mr.. Justice Coursal must create
profound sensation in. the minds of all who
have any regard for International law, treat
es or the common rights Of humanity.
As we view this decision, it is an outrage
upon the common courtesies which ougn' ~
characterize international intercourse, - say
nothing Of The weightier matters OF tne law.
A Judge has no right to quibble on such grave
questions, nor treat them lightly wnen sucn
momentuous issues are involved in his deci-
sion. We don't say Mr.. Justice Ooursal receiv-
ed any of the St. Adams money from the palm
of "I,ieutenant" Young, but we do say this
iudpe has winked out of sight the provisions
of the Extradition treaty, and trampled under
his judicial feet the principles Of international
law as laid down by the best writers. And
what does the treaty made by Webster and
Ashburton say on this subject? What obi
cations does it impose on Judge or magis-
trate when cases under it are brought before
himP Its language is plain and easily under
a&n hx,o oil hos x.<ztg ;Y,
the law" We are not disposed to accuse Mr..
Justice Coursal of ignorance, but his decision
is a most extraordinary one according to our
understanding of the case. But to the Ian
guAge Of the treaty bearing on this ques-
ton. 5iaa alAs ~ s5tsg SIS 1gen
1t says all persons shall be delivered up who
are charged with the crimes Of murder, arson,
robbery and some Others, provided that this
shall only be done upon such evidence of
criminality as, according to the laws of the
place where the fugitive or person SO charged
shall be found, would justify his apprehension
and commitment for trial, If the crime or Of
fence had been there committed, and the res
pective judges and other magistrates of the
two governments shall have po,oey, .jurisdic-
ton and authority. upon complaint made un-
der oath. to issue warrant for the apprehen-
sion of the fugitive or person SO charged that
he may be brought before such judges or 9TH
er magistrates respectively, to the end thst
the evidence Of criminaIitX may be heard and
considered, and if, on sucb hearing, the eyi-
dence be 'lsemed sufficient to sustain the
hare ANA ho fla I,kr n he I'D
judge or magistrate to certify the same totbe
proper Executive authority that warrant
may be issued for the surrender of such fagi-
tive" .. st..as --tssf,resv
Such are the plain terms of the treaty, and
such the plain duty Of judge or magistrate be-
fore whom thess fugitive scoundrels are
brought. Was there any lack of evidence te
convict "Lieutenant" Young and associates
of crime No! the evidence was abundant
and overwhelming. There could be no doubt
on this point: there was no doubt. Mr.. JUS
tice Coursal knew that these murderers and
robbers were guilty and that their hands were
stained with blood and their souls corrupted
with crimes. And yet he set them at liberty
We have not words enough TO express our it,
dignation atsuch administration Of justice.
But how did Mr.. Justice Coursal let them
off SO easily? What was the great question
that 50 much troubled his judicial soul? What
great barrier had imperial acts" raised against
common justice and common sense, to say
nothing of the provisions Of the treaty which
are above all human law? Why, Mr.. Justice
Coursal came to the conclusion that he had 70
jurisdictioni & The revised imperial act mu, t
rule herein, and that act required that TIE
warrant should be signed by the Governor
Generalw The treaty gave him full power
and jurisdiction, and the prisoners ought TO
have been surrendered to the Vermont auth
critics to be dealt with according to their
crimes What have "imperial acts" to do with
solemn treaties made between two govern.
mentsp b8sGgtMs9M9O e'ESms1s3ng&
The murderers and robbers we're before MI
Justice CoursaI and testimony enough to con
vict thousand snch-rascals, and it seems tc
us his quibbling on the Imperial acts. and
letting the scoundrels escape. to. commit some
other murder or robbery showed either an ig-
norance OF a willful disregard Of information a
aw and treaty stipulations. We say interna-
tional law because this has something to dc
with these raiders and the Canadian authort
ties. We quote from Dr. Phillimore whose
authority win not be disputed. he says: is N
GA rebellion or a civil commotion it ma.
happen agitates nation; while the authori
ties are engaged in re pressing it, bands of feb
els pass the frontier to shelter themselves IN
der the protection of the contentious State
and from thence, with restored strength ant
fresh appliances, renew their invasion upoI
the State from which they have escaped. tTh'
invaded State demonstrates. The remon
STRANGE, whether from favor to rebels, or fee
bleness of the executive, is not unheeded or, a
least remains unredressed. In this state o
things the invaded State is warranted by In
ternational Law in crossing the frontier, aao
In taking the necessary means for her Sgfet!
tUhether these be the capture or dispersion o
the rebels or destruction of their stronghold
as the exigencies OF the case may REQUIRE
The above is good common sense as well E
law, and our Canadian neighbors and Nj
Justice Coursal will do well to remember ii
VAtel also maintains strongly the same opin
ion. Ifsuch law is not observed by the Cana
dian authorities, we fear that Ayery soon tn
theatre of war win be established there the,
they shall march, there they shall fight as il
any country open to all comers" Such is tn
language Oh Vatel. The conduct of Mr.. Jus
tice Coursal on this occasion seems to us to b.
unjustifable in every aspect in which we car
view it. To US it seems as if he did not wis
to hold the prisoners, and surrender them i
accordance with the stipulations Of the Wst
ster and Ashburton treaty. Had he been dis
posed to have these scoundrels punished az
cording to their deserts, he might have foun
some principle Of international law or in treat
shpulations which would have JUSTIFIED him il
surrendering them to the authorities of Yer
mont instead of quibbling on "imperial acts,
and pleading want of jurisdiction for tn,
course he took. .ssraf a f4-.l..-- ~,
. D.