The Trial of Alexander McLeod: For the Murder of Amos Durfee, at the Burning and Destruction of the Steamboat Caroline, by the Canadians, December 29th, 1837Gould, Banks, 1841 - 416 sivua |
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Alexander McLeod Allan McNab answer armed asked attack ATTORNEY believe board the Caroline Buffalo burning called Canada shore Captain Drew Caroline was destroyed Chippewa creek Chippewa river citizens command cross Cross-examined cross-interrogatory he says damned Yankee Davis's tavern December defence depositions destroy the Caroline destruction discharge Durfee duty embarked engaged England evidence examination expedition fact fired gentlemen guilty Habeas Corpus heard horse impeach indictment interrogatory he says Judge GRIDLEY jurisdiction juror jury justice killed knew Lockport Majesty's Government McNab morning Morrison murder Navy Island never Niagara Niagara County Niagara river night o'clock offence party persons pewa pistol prisoner prosecution question Quinby Raincock reached the Caroline recollect resided returned river saw McLeod Schlosser Sir Allan Spencer steamboat suppose Supreme Court swear sworn taken territory testimony thing tion told transaction trial truth United Upper Canada witness witness's
Suositut otteet
Sivu 32 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Sivu 27 - ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge.
Sivu 369 - Government to show a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.
Sivu 33 - English law particularly it is held an excuse for breaches of the peace, nay, even for homicide itself: but care must be taken that the resistance does not exceed the bounds of mere defence and prevention: for then the defender would himself become an aggressor.
Sivu 17 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Sivu 390 - In arbitrary states, this law, wherever it contradicts, or is not provided for by, the municipal law, of the country, is enforced by the royal power ; but since in England no royal power can introduce a new law, or suspend the execution of the old, therefore the law of nations (wherever any question arises which is properly the object of its jurisdiction) is here adopted in its full extent by the common law, and is held to be a part of the law of the land.
Sivu 31 - Caroline was, as the British government think it, a justifiable employment of force for the purpose of defending the British territory...
Sivu 369 - It will be for it to show, also, that the local authorities of Canada, even supposing the necessity of the moment authorized them to enter the territories of The United States at all, did nothing unreasonable or excessive; since the act, justified by the necessity of self-defence, must be limited by that necessity, and kept clearly within it...
Sivu 27 - ... on oath ; and thereupon such Court or officer shall proceed in a summary way, to hear such allegations and proofs as may be produced in support of such imprisonment or detention, or against the same, and to dispose of such •party as the justice of the case may require.
Sivu 410 - We think the proper character of the transaction was " that of hostile seizure, made, if not flagrante, yet, nondum " cessante bello, regard being had both to the time, the " place, and the person, and consequently that the Municipal " Court had no jurisdiction to adjudge upon the subject ; " but that if anything had been done amiss, recourse could " only be had to the Government for redress.