The New York herald., 1864-12-03
THE ST. ALBANS RAIDERS.

Tney Apply 60 the President for = Pass.
psr' p .s 10, 70 os'sss,,ao,,aMT". "sea ~ n," Hos
Contemplate Returning bv Flight into
Cnnadn-OpintuR OF the Montreal Sc
FROM the Montreal Gazette, Dec. IL
sundry letters have heen published relating 70 the ap
Excauency the Governor Genera or government mes
enser carry open lester and documents Tor them 10
Richmond, 10 enable them TO obtain FROM thence testt
mony ma,erl tor defence, the 18Th proximo,
when Their case again comes up before Judge Coursol
The correspondence also shows apple has
beon made their behalf 70 President Liuc 10 Tor
passport messenger 10 go tne errand (we
presume for the Official Who might he allowed 70 go oy
the Governor Senera, and request TO Lord Lyons 10
his good Offices that end also made. We no.
tcs thai Lieut. Young further asks that case such
passport cannot be given that the federal g,vernmens
may itseh despatch hls ioter wbicn y enciossd anI
open TO examination, by nag ot truce and BY afedsra
courier.
tho Washington authorities Tue reply Of the Governor
Gene al shows declines grant the application
ayn - n ina, ne reason FOR ss refusal Il that the oyer
nor General did reward the evidence As material and
conadered that II here Il would oe no consequence
and could not s!icct the and could only be
offered in the United states courts upon the
pose that any such consideration influenced the refusal
BY his Exceency Tie question as 10 the aimissibiy,
materiaity, consequence and eiee, Of the testimony
obianed and offered t. the court and Is pure
ly aud exclusively judicial question We have not the
shadow dOub, that rxcellency has and
w give any such decson in advance of the receips
VI evidence until the comes before III
| !. should come before b N, decide
Tbe vefy question decided in kmine s, is tho
offence proved one which is named IN the extradon
treaty Now, OF is OF these things,
whethey be insurreconary, or civil or foreign war
homicide may be murder, bat u may DO aocid.nsa o1
In sell defence noes one mean TO say that evi.
offered show tho killing 70 be unmstikaby
either OF these latter the Magistrate would send ine
party TO a or coronsr's Jury relieve him OF gut
by her yirdict II would be mcnsrous, with car ana
naIy "a n su. 20 send h 70 a to awa. his trial
formal acauitta. =. tneu. commSng magistrate
must look TO these distinctions IN case o an ordinary
commitment if, admitting to bail, ne receives and
weighs evidence deepening or mitigating the oosrees
of guilt can bs urged that judge In an eAtradnion
may consider whether on act be an SCI " awa
war and robbery 1t s clearly duty TO 70.
ceve and evidence point IN the preseue
precisely THIS act had been committed IN Penn.
4 syivania BY party going erect from hisnm nc,
| caso efe they to Canada; M Tho prisoners now
in the military PRISON at Sandussy were TO RISE ana
tuen would u be urged that IN tna case me Judge ana
government could not would not wait to receive
surely tina, wers q simple sbsurdiiy. For then any
Confederate soldier in streets who can b. proved 70
have killed federal In ssirIn'sh, or robbed house N
| an attack ON q Town 10 federal occupation coulu 20
arrested and sent back to the United States under
boasted ol asylum And yet the principle govern
Ing reception OF evidence the preliminary nvestga
too must be precisely the same al tnesc cases.
whether the into Pennsy wanna
from virginia, or during the raid on st Adams fhe,r
case, the plunder would also robbery. unless
planed by proof Of a state OF war and orders Of
principle, oil evidence in the must exclude
II in the Other Bat, slme may say-4yen So even " all
thus given %, wnat harm would be done seeing
IN 4 they he held b. the federal government as
prisoners Of war; They cannot be punished for the
oence, prepared 70 before the courts there
their belserency. mat may be very true, bat by wnat
right are we 20 eaten prisoners 2! war Tor the
surdity, well breach of neutrality. TO strain
treaty aud he law to offences obviously
tempated by their trainers IN order to hand over Con-
IeJerate soldiers, even prisoners OF war, TO the
federal government Nay II the federas really would
INTO their hands, that would furnish tho most
auswerabe proof that We are nat called upen To
give them up-that they really DO not como within
the intent and meaning OF the treaty. Aud
therefore common sense teaches that that s point %
bo settled at The preliminary examination, seeing that
acquitted of cyn crime they would be free 70
come back bther. nor could We reclaim them. Wc
argued in favor ~ receiving and weighing explanatory
ard excupstory evidence in the OF Anderson We
clnvinced OF tho justice Of that course then.
o. legal question because the prisof ers are not
black slaves but white soldiers We to the comfy
1t 10 the Cause Of liberty AMI humanity, 10 tho
Brush and TIE honor OF Tag TO maintain tho
right of asyumto our own sense q sslfrespect MOTTO
be buied bsdgered into violating H. SUme writer's
seem 10 fegsrd only treaty lights aud forget tue naonh
only national honor forgetting treaty rights
We hope that neither viii be forgotten by The courts or
government.
by the General TO send messenger In the pro-
baohty thst the request had been allowed. would
have alleged py parties the Uniied states anxious
get up difficulty with Canada tnat the providox an
official messenger before passport was procured was
created dsa0r,ernes With the Washington Eoveroment
which II is well should be avoided The respousibity
OF refusing according Lieutenant Youugs request. A.
STANDS, rests exclusively With Mr.. Lipcon.
refusal allow the prisoners any opportunity 10 pro-
their testimony may afford ground for further
postponsment.
ABsuRpirY oP rHBie DsvsrcE.
There part NJ the petition OF the Confederate
prisoners when had been better omitted M seems 70
which could have hardly crept in without the advice
counsel. vbo felt proper to declare all things peces
rary their Yney say that In attacking Sc.
Adams with . Of men they did NOS coutom-
plate returning by flight into Canada Now, In the
name OF common sense where did they inteod 70 gof
To conquer yermont hold, occupy and ravage III Or
we're the people TO rise and welcome thenny Or we're
they with large force 10 heht their way through 70
the Virginia frontier9 or through New Hampshire and
Maine Into New Brunswickf This assertion utterly
absurd uIcn lbe OF Aud that Intention OF fight
back Canada perhaps than In the
they left ~ consisted their snence Against hosp-
tsiy, n not against our neutrality laws. We by
that thla viii mot serve 70 establish their
ernInaly according 70 our laws. they have broken
them hope them punished for u: that gov
viii leave stone unturned 70 enforce shoee laws
against all wbo having taken refuge and received pro-
lection here, engage 10 such expeditions Whatever orr
sympathes may be, however much may feel thAs
atrocities shs Shenandoah valley and slsev here Justly
hsrypg reprsas would yet keep good fslin Win ths
federal governments, and enforce the law gsinetNy
NJ no 10 base Tor nos