The daily morning journal and courier., 1899-11-18

portant as it f8 that the State Shoult
 vindicate its dignity by subjecting hin
 to a trial for the offense with which ht
 is charged, the honor of New York, ane
 even that of the United States, is more
 deeply concerned in protecting hin
 against danger until that vindicatior
 be accomplished. You are aware oi
 the solicitude Is expressed by the Presi-
 dent, and, indeed, that it pervades the
 American people It Is my duty to state
 to you that letters have been received
 designs on the part of evil-disposed
 by the President giving him notice of
 persons to rescue Mcleod and assassin
 ate him"
 The facts in this case of Mcleod are
 as follows: In the summer and Fall of
 1887 rebellion broke out in Canada,
 and body of insurgents from the American side of the Niagara River
 entrenched themselves upon small isl-
 and belonging to Great Britain, called
 Navy Island, and four or five miles above the cataract.
 A small steamer known as the Caro- line had been cut out of the ice in Buffalo Harbor and brought around in- to the Niagara River, where she was engaged in transporting supplies, muni- tions of war, and volunteers from the New York side at Fort Schlosser to the entrenched camp at Navy Island On the night of Dec. 30, 1887, a boating expedition under the command of Lieut.. Drew, R. N, conveying a body of soldiers under Col. McNab, crossed the river at midnight and attacked the Caroline as she was moored at dock at Fort Schlosser Boarding her. they cut loose the vessel, set her on fire, and let her drift down the rapids and over the falls, and then returned to Chip pewa.
 During this affray, while those on board were escaping, Amos Durfee was killed by pistol shot and his body was found on the wharf where the boat had been moored. For this violation of it's territory the United States demanded reparation. The British Government, through Lord Palmerston, then Secre- tary of Foreign Affairs, and Henry S. Fox. British Minister at Washington, avowed the attack to have been made by it's authority and justified it as an act of war, apologizing afterward, how- ever, for the invasion of the American territory.
 In February, 1841, Mcleod was in- dicted in the Court of General Sessions of Niagara County for the murder of Durfee arrested, and imprisoned. The British Government demanded his re- lease, on the ground that if he were one of the party which destroyed the Caro- line he was acting as British subject | under the orders of the officers of his | own Government and was under no in- dividual responsibility for his acts that | directly assuming all | for the destruction of the | boat. MT. Spencer was retained to de- lend Mcleod who was brought before I the Supreme Court of New York on habeas corpus at the May term, 1S41. His discharge was claimed on the ground stated
 After the argument was closed and while MT Spencer still remained in the City of New York, Daniel Webster then Secretary of State, passed through the ,ity on his way from Marshfield to He sought an interview with MT. Spencer, and inquired with great anxiety as to the probable out 'ome of the argument. When told that was doubtful whether the Court would discharge the prisoner upon the writ Or certain technical reasons, he urged that the record should be so prepared that, in case of an adverse decision, a