and serious consequences. He reiterated to the American minister that the attack on the Caroline was made in pursuance of orders from the colonial authorities, approved of by the British Government: -that the Caroline was a piratical vessel, and was but nominally within the jurisdiction of the United States: that the authorities of New York had been unable to maintain their jurisdiction, at the place where the Caroline was attacked, or even to prevent the pirates from carrying off from that place, the cannon belonging to the State.

The formal announcement of the British Minister was not without its proper effect upon the conduct and decision of the Federal Government, which soon after admitted the principle contended for by Great Britain, and intimated this altered view of the American cabinet to the Government of the State of New York. But "state rights"-state jealousies, and the insulted sovereignty of this confederated portion of the Republic, rebelled against the notion; and insisting upon its reserved power under the Constitution, to try all cases of aggression within its own limits, denied the interference of the Supreme Government in the premises. M'Leod, who had been removed for better security to Utica, protested against the jurisdiction which was thus about to try him on a charge of a capital felony. He was brought up on habeas corpus before the judges of the Supreme Court of the State of New York, when having challenged the competency of this tribunal, or of this State, on the grounds assumed by the

British Government, and now sanctioned by the United States Executive, his plea or challenge was unanimously overruled, and M'Leod thereupon remanded to stand his trial.

It is a matter on which public opinion has been much divided, how far Great Britain has been justified to herself in submitting with such exemplary patience to this trifling with her dignity,-her honour,—and that position she is bound to maintain amongst the nations of the world, in abstaining to inflict a summary and well-deserved chastisement, on this self-inflated and petty State, -unknown to this country, in any recognized official or diplomatic character whatever; and which a respect only for the Federal authority, that had condemned and repudiated her interference to the British Government, guaranteeing the entire personal safety of M'Leod, whatever should be the issue of these proceedings, has, we believe, saved from a consequence, which her conduct had thus so wantonly provoked. McLeod was soon after brought to trial, and having proved an alibi, was acquitted.

The result occasioned but little surprise in America, much less in England, where such an event was anticipated, from the virtual guarantee of the American Government ensuring M'Leod's safety at all hazards.

With this issue we should not perhaps find fault, but rather hail the occurrence, as removing a cause of near hostilities between the two countries. Yet, it is impossible to feel satisfied at the result, to fore

see what may eventually be the consequence of these proceedings, or the future difficulties that may arise from this very complex state of American legislation, against which no remedy has as yet been applied, or guarantee presented to the world against its further unseemly interference. A blow has been struck that cannot end with this trial. A principle of right subversive of all international law insisted on by this isolated intersection of the Republic, and carried out with a calm and settled purpose to its fullest limit in these proceedings that is pregnant of strife, and must at no distant day, under any similar emergency, become instrumental in forcing on a collision between the two countries.

We cannot put out of sight, from its very important bearing on the question, the charge of the presiding Judge (Gridley) to the jury on this trial, the suppression or designedly blinking the most important matter at issue in these proceedings, wherein the prominent grounds or plea of defence put forward by M'Leod, (the judgment of the supreme court having already affirmed the murder of Durfee,)" excusing in the individuals the act charged against them-first, because done in self-defence, and again because the entire transaction had already become the subject of recognition between the two Governments, so as to deprive this court (the Supreme Court of the State of New York) of jurisdiction over the offence"-were overruled. The killing of Durfee, even under the circumstances in which his life was forfeited, having been declared "murder" by the unanimous decision of the Supreme Court;

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the only question that the learned judge directed should be considered on the trial of M'Leod was, "whether the prisoner was one of those embarked in the enterprise in which such life was taken; for it followed that all engaged in it were guilty of the same offence." It were not necessary that M'Leod's arm should have dealt the blow; it was sufficient, according to the learned judge's exposition, that he was present aiding and abetting the proceedings. With this explanation his Honour continued:"Then comes the question-the important question on which you are to pronounce. Is Alexander M'Leod guilty of that murder?" And to this did the jury turn their minds, regardless of every other consideration, or whatever consequences might result from their decision, should the evidence before them by possibility admit of a verdict in the affirmative.

But this, beside the question of the rights of a foreign and independent state, opposed to rebels in arms against its legitimate authority, aided and assisted by the citizens of a friendly power, who, as in this instance, were removed beyond the control of their own government, and in which, a proceeding that, under other or ordinary circumstances, might be classed as of a criminal tendency, became legitimized and perfectly defensible, from the several and concurrent circumstances by which it was surrounded, relieving the actors or parties concerned from all individual or legal responsibility whatsoever. The very act of the Caroline-her connection with the rebels op

posed as belligerents to British authority in British waters, piratically trading with them, and assisting in the transport of munitions of war, and other stores, took from the parties implicated therein, the protection and rights which otherwise belonged to them as citizens of an independent and friendly State.

Of Alexander M'Leod we may perhaps be permitted to speak; for after all he was but a man— a mere man—and may be excused for whatever pains he may have taken to save a very worthless life. Such perhaps is human nature-the instinctive feelings belonging to man's weakness, to which it may be unreasonable to charge M'Leod for not forming an exception. Yet what a noble and distinguished position was his. His cause was his country's cause-her interposition in his behalf, proceeding on an utter disregard as to his guilt or innocence. The entire responsibility of his acts, whether in the burning of the Caroline, or slaying of her crew assumed-unreservedly assumed by Great Britain, who stood prepared, armed with a nation's might, to avenge the first overt act, that menaced either his freedom or his life, in pursuance of any decree pronounced against him. It is a subject for regret, that he did not feel more impressed with the national importance of his high and ennobling position, or that he lacked upon such an emergency, the firmness and moral courage to protest when brought up for trial, against the usurped authority, which had the temerity to ar