, 1864-12-17
TIE ST. ALBANS RAIDERS.
THEIR DISCHARGE FOR ALLEGED
LACK OF JURISDICTION.
The Stolen Funds Refunded to the
Raiders.
Canadian Comments on CourSol's
Decision, and Gen. Dix'S order.

Canadian Comments on Cours0l'S
Decision, and Gen. Dix's Order.
The Toronto G7oos Of tho 18th inst con-
ta1ns full and interesting details of the dis
charge Of the St. Abans raiders, from which
VIC gather the following Interesting facts:
~ Tho court met on Dec. 18th, and counsel
for the raiders objected to the Jurisdiction Of
The court, contending that the Provincial act
for the carrying ont Of the provisions of tho
Ashburton Treaty was repealed, and that the
Imperial act to give this treaty effect WAS
only In force in the case. Under the lmpe-
rial act the prisoners could not be legally ar
rested except upon warrant issued By the
Governor General, and this not having been
done in regard to the apprehension OF the
laidcrs, the court was exercising jurisdlc~
tiun It had not lawfully acquired. The point
WAS argued at length. and the court took the
matter under adviscmcnt TIL afternoon, when
it decided "that having no warrant from the
Governor to cause the arrest Of the accused,
as required by the Imperial Act, I have md
possess no Jurisdiction. Consequently, am
bound in law, Justice and fairness to order
the immediate release Of the prisoners upon
all the charges before me-"
In relation to this decision the Goos says
eo@S9ai I'VE link, that the prcc:pi.aucy shown by
Mr.. Coursol was rery. remarkable. BE had
to deal with cs grave case rs eyer was pro-
nounccd upon By Canadian magistrate. Every
| reasonable man who does not allow his feel
| ings to bttray him must acknowledge this to
! be the fact. The men who came before Mr..
| Coprse1 were accused Of an otIeuse of great
cnormity. Their rendition for trial was de-
manded BY friendly Government, Ample
their defense. Since the last meeting Of the
court a whole month has elapsed. At its
| opening, instead of that defense being offered
| for which, ostcnsibly, delay had been granted,
o technical objection 10 the jurisdiction Of the
magistrate ia faken. The gentlemen 10 whom
| tly, without q moments notice, Is called upon
to reply. The magistrate rctircs to consider
| The point raised, and after the lapse of avery
ebort period hr prodocesA decision which sets
the prisoners free. BE, simple stlpendiary
magistrate, gives his verdict On const'tu-
thority greater than that which any man In
position ever ytntured to take before. He
had ut bis command The Attorney General OF
the county, whose opinion he might have
sought. Without doing injustice to the
prisoners, he might have ordered their
! IL
the point mooted before those judges who,
by long training aud study Of constt.
tutional Law, would hare been competent
to pronounce upon it. But instead o1
50 doing, after the smallest consideration, he,
aretty magistrate, assumes to himself the
responsibility or ordering discharge; an ac1
which he must have known may involve the
most serious consequences to the country
With so tremendous responsibility upor
them, the gtaTest Judges Of the land wonls
hare weighed, during many hours OF calm ant
! earnest thought, the arguments for nnt
| gives. We shall say nothing now Of the sud
/ den disappearance Of the large sum Of none,
placed IL the hands Of the Chief Of Police
This apart, VIC charge It upon Mr. Course
that ha has betrayed his trust In presuminss
to give decision on matter which ever.
+ confederation Of Justice and duty would hav
. ! led him to refer to those sages Of the lap
qualified to deal with It. We call upon th'
T Government to cause his conduct to be thor
, oughly investigated. That II Is contrary t.
Law is absolutely certain, that it proves hin
; tu be u man untitled for his position col
try, our Eat4s With the Imperial Government
the immense interests we have at stake, in,
, pe1atiyely require that the matter. should no
J , be allowed to rest where 1t now Is.
! "Since writing the above VIC are Informed b.
} our correspondent in Quebec, that the groun'
. upon which the discharge Of the raidets wa
. ordered, Is held by the Government to b
<'ridlcnlons," and that new warrants hay
been Issued for their arrest. The view "
: have taken Of the case Ia thus conarmed.h
/ REFUSDING MONEY TO TIE RAIDERS.
r Relative to the action OF Lamothe, th
, Chief of Police in Montreal, in returning th
+ funds stolen from the St. 4lbans banks 10 til
: 1aiaers, the G7o5e says:
t i s'The public were astonishcd to learn yes
/, terday, through our columns, that the Chic
Of Police Of Montreal had given up to tn
:, raiders the money stolen from the ST. Alban
l banks. To-day they will be still more SUI
|, whose name is Lamothe, actually refused t
); enforce fresh warrants placed in his hands bt
fore the discharge Of tue prisoners By the II
gal agents Of the Crown There seems to b
no room for doubt that Lamothc knew, i
advance, that Mr.. Coursol intended to reieas
the prisoners. and that it he declined to serr
c the new warrants, they would make their et
: care How did Coursol come to communicat
=. to I.amothe what his decision would be! Til
;. circumstances are exceedingly suspicious, an
!. trench upon Coursol as we'll as Lanotht
;, There is certainly great room to doubt whetf
j er III, the money 1nds returned to the prison
T. ers. Ifit could he found now, it would doub1
{, less throw light upon the case.
+ The whole circumstances cast disSrac
(. upon the city Of Montreal, and upon th
/. FloFtnce nj large. lAc 1acIs Fill be mss
= known. over The whole civilized world, ;su
+ men will form pretty opinion Of our sy'
} TEN Of administering justice, ii they hare n
+ other means Of judging IT than are atforde
= ty the condpct Of Coursol and Lamoth
1, The only way to improve the statc Of ma
IN tiers is TO punish whoever has done wrong,
dismissal from Office and prosecution, # Il
IN facts justify the latter proceeding. We a.
= sorry that IN attempt was inside By the CT
u Council Of Montreal to prevent the fac
~ from becoming known. They may rely upt
:, = it that it is m impossible task, and that tt
4, slightest regard for their good name demau!
h full inquiry and instant punishment Of Il
< guilty. -.
n, GES. D1x's ORDER.
%. The order Is thus commented upon:
10 The cyi1 fruit Of Mr. EonTso1's conduct