Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1865-04-07
Judge smith, Decision.


Judge Smith decision the ease OF the 81
/ Albans bank robbers is not looked upon witt
much favor by the more sensible portion Of
the Canadian public, any more than it j. on
this SIDE Of the line. The Montreal Herald
up>ets the decision by showing the monstr1u-
consequences to which, If sustained, the decis
ion exposes the C4uadls. After cpitams-ing
the Judges argument. aud stating the com
clusion to be that tbc raid was political
act. snd hence not withi the scope OF the
Ashburtou Trctty-al>o that an entirely
new state %, things Lad grown up since thr
treaty had been passed, which. j, i, iil not
Absolutely abrosate the agreement between
the two governments. had -o changed the
constituent parts OF one of the nation, who
were PARTY TO 10. ss To make it impossible
lor them 20 fulfil tb,ir Iart OF rhe contract. .'
the Herald adds
We 10 not very clearly understand tl.- part
Of the Judgment, but % seems 20 turn upon th-s
that Hi Honor c0nceives the NortHeruers ir
the prosecution of the contest have committed
breaches ~ rhe rules ui c.f'lirrl Nt.tlt. V.'ch
give su opening 20 justihshlr retaliation 40 fle
hands Of the other party thlt the S, A'haus
raid was undertaken is vay oi retaliation. lnat
the treaty Contemplated uo such state of affairs.
and that beside the Slufheruers ul longer form
part u the nationality which u-le die -T,afl
with England. and are TINS witbir8wu from it-
puryiew. such. we believe. ave the ,,ilil-
grounds. expressed 10 succinat language. .
the decision whic1 has lust been arrived at. We
have not the rhtest icuht THAT Air just -.
Smith has iuiu'iei the iissgreeihie DUTY uH.
upon him with honest aud single purro-e s.
carrying cut the las. Weof course thiuA be las
l.ilei for reasons We have pointed ont Co, o.,eu
TO make il necessary O. repeat them here. our
Judgment. however, could have very Nttle wgclt
If IL were not that it j. that Of the whole Bench
of Uprer Canada, comprising lawyers sccaui lu
ability 10 none in any part of the voJll lt mu,t
be admitted by al % he unfortunate that So tir.
we have IN the two parts Of the Province -wo
judgments conflicting with each other, 0H % sub
iect which may be Of such vast importance 20 the
future Of the country; aud in stlll more uuior-
tunate that the last decision. So far - law Eoe,
in Canada, ,-rcmoyes AL barriers 90 outraees such
as were committed by Confederaies upon the 81
Albaus Banks, and such As might be committed
by any subjects AZ war with England on the
Montreal Bank, except the trIfIng penalties
which can be imposed for breach OF the neu-
traltty laws-in case 8 Jury can Ice found 90 c0n-
Wet Mr. Justice Smiths judgment legalizes
acts such as the one before him, except ~ 81 far
A. iheii trifing penalties may operate as 20 re-
stranl, and a. a consequence II 80 once throws
the protection ofthe frontier upon the Americans
themselves. acting not by the peaceful methods
OF regularly constituted Courts, but by those
means Of redress which are alone known o. the
international system Of Law. which His Honor
thinks ma the sole cogn;zanco Of such transac-
tons Ia the present state Of the American contest
it is likely that this decision may not give rise TO
any inconvenience in the shape Of new attacks
upon the frontier II will be well II that turn
out to be the case; for il must be manifest that
repetition Of them could lead to only one result,
and that one the most disastrous that can be
conceived.