The New York Herald Newspaper, December 16, 1864, Page 5

THE BORDER RAIDS. — Excitement in Canada Owing to the Discharge of the St. Albaus Robbers, Judge Coursel and the Chief of Police Deneuuced. ‘Warrants Issued for the Ee- arrest of the Raiders. Skedaddle of the Robbers With Their Plunder. THEIR ESCAPE AIDED BY THE CANADIANS. Tho Proposition to Put Gunboats ca the Lakes Not Relished by the Canzdians. FRARS OF THE FENIANS, &e., &e., &s. Our Montreal Correspondence. Montreat, Doo. 14, 1864. Having been an eye witness to the proceedings iu the Bt. Albans raid case, before Judge Coursol yesterdsy, L could but acknowledge the truth of the remarks made in your paper in regard to British far play. It ig plain'y evident that there has been a great face enacted by the Court, or else flagrant ip ustice or <ecliberate rascality, The Judge decided that, baving had uo warrant from the Governor General to authorize the arrest of the accused, Qs is required by the Imperial act, he had no jurisdiction, and tho objection haying been raised for the first time at ‘this late stage of the case, be feit (hut be bad no alterna. tive but to decide as he did, Here ws « British Judge, issuing warrants, mak og ar- Fests, committing prioners, and pomg through all the forms of law, that says he knew he bad no authority, no right to act. Is this justice or fair play’ Tbero are other facts connected with the case tbat lead disinter- ested parties to think that 1: was a precoucerted arr inge- ment from the commencement. There were seven diTorent cases against tho raiders, and they were discharged upon the whole, without giving tue prosecution a cbance lor argument upon six of them, It was evidert to spectators in the court room that ‘they would be discharges, as they were well supplied with overcoats, mi Ml:rs, &c., all ready to skedaddle, ‘The decision was received by the audience with loud applause, and wheo they left the Court House, the popu Jace cheered heartily, Sieighs were all prepared to cone ‘Voy them out of the city. The most singular part of the whole proceedings was tho delivery to the prisencrs of some ninety thou-and dollars of the stelen money, w! ich shows to any cacdid mind the complicity of the auinoritics, This money was entrusted to the custody of the Chie! of Police, oniy to be given up by the order of the Court. Tho legitimate owners of the money feit perfect confidence in the Chief Of folice that he would not cive up the money unless he had such an order from the Court, or else they would have attached the money and held it, but their bli d con- dence in Canadian honesty I think is somowbat shaken ‘The decision was given about four P. M.,and ina few moments the raiders had thoir moncy and had flown. ‘The decision, added to the underhanded course of the authorities in giving up the money, creates great excite- ‘nent bere, and I beard one of eur mont proimiaeut bus! sess men remark this moruing that he would se! his real astate a great deal less than be would have done be‘ore this decision was made public. ‘The Koutherners nere are juvitant, and vonet of all inds of bloody work that they bave in progress, and the eople of the frontier must lose no time in rallying to Ae defence of their property. It is rumored that the iders gone to take part ‘on arad upon Detroit, The case of the Ghief of Police came up before the -y Councit iast evening, it being charged that, without thority and by design, he dispossessed himsolf of a ge sum of stolen money, amounting to between cighty 4 ninoty thousand dollars, which was placed in his tda for safe keeping, to await the result of judicial in- atigation, which money be delivered to persons not the sitimate owners, The Chief made the verbul state yot im reply that he consulted the Judge, the counsel wt the doferice, also o'ber legal irieads, and by their ad- ice gave up the money to the prisoners. Upon iaquiry ww he got the money from the bank after banking houre, said that he knew that the prisouers would bo dis narged, and be had taken the precaution to have the nouey ready, By motion, all these statements ware reduced to writ. sng, and the Board adjourned until to-day at three P.M. ‘The city may yet have to refund the amount to the legiti- mate owners. The Judge had his decision written and was greatly ex- cited during its delivery. Tecan only repeat what I snid before, that the people of the border cannot be too vigilant, as this province ts crowded with Southerners snd deserters, all desyerate mon, who ure ready for any chance shat promises booty, and they will operate boldly, kuowing the iudiJerence and sympathy of the authorities, Let them be prepared @o give them @ warm reco, tion, The Montrenai Despatch. Moytireat, Dec. 15, 1864 ‘The cond:ct of Coursol, the magistrate, and Lamothe, the Chiof of Police, is denounced. Lamothe is accused of complicity, An investigation ts going on by the Courcil It is thought that Lamothe will be dismissed. ‘Tho Attorney General decides that the magistrate’a de. cision was wrong in the case of the St. Albans raiders, @ad orders thei rearrest and the money to be givon up. The Toronto Despatoh, Toronto, Dec. 25, 1864, ‘Thero is a profound sensation in regard to Coursol's de- ciston in the cage of the raiders. The best legal authori- ties pronounce It contrary to law, and it meets with gone- ‘tal condemnation. The Quebec Despatch. Quen: 0, Dec, 15, 1864. ‘The discharge of the St. Albans raiders surprised the » members of the government, and the ground ot the dis. charge is pronounced ridiculous. The magistrate ts likely:to be severely dealt with, Now warraots bave boon iscued by & superior court judge for the roarrest of tho raidors, and constables are in pursuit. An efficient military force is to be gent to the border towns immedi- ately to prevent further deprodations. ‘Tho Cabinet had @ long session today, and it te und stood that the members unanimously denounced the ect of Judge Coursol discharging the St. Albans raiders. The Pretenco wes that the Canadian extraditi n act of 1861 was not in force, because it had not been assented to by the Queen in Council, If the Judge had inquired of the government ho would have found that her Majesty had specially aesentei io that act, He made an assertion Against the validity of tho act of the Canadian Legisia- ture withoct proof, It turns out that his assumption ‘was [also, The Attorney Genoral, it is understood, advised the Issue of now warrants on tho sim ht by the Jud, of the Superior Court of Montreal for the rearrest of the raiders. somo of whom hays gone Evst to Hiliiax aad ome Wost, Officers ore om their tracks, and they cannot escape if they remain in Canada, Tho Canadian government has no legal right to act di- Tectly, as the court# have independent jurisdiction If ‘the judges refuse to do their duty or act corruptiy they may be suspended, or in some cases dismissed. It is Probable that Coursol will ve dismiased. Parliament, which usually meets in February, will be sAmmoned to assemble in tho middis of January, when Jawa willbe passed to mect the exigency of the grout sohange of public feoling towards the revels since they have shown an intention of embroiling the two countries ia war. The Washington Despateh. Wasmncton Dec 16, 1964, ‘The government ts officially informed that fresh war. fants have been issued for the apprehension of tho st, Albans raiders, who were recently discharged pursuant to 8 decision ofa Canadian coars, aud that tue police im NEW YORK HERALD, FRIDAY, DECEMBER every effort to prevont their thet quarter are mokio 34) The Proceedings of the Court. om (he Mopireal Her Id, Bec. 14 | sib AT $I, ALBANS—JUD/CIAL INVESTICA- TION UNDOR THE ASDBUKTON TREATY. {Heiore Mr. Justice Coursol. | Trespay, Mec. 13.—T investigation into the circum. Starces attending Uns aliuic was resumed (his morning, pursuant to kd cucoment. ‘oon, @. Ce. Flon, John Rose, T. W. Devlin were present for the prosecution, Hou. Mr, Anb tt, Q, C,, avd Messrs, Lafawme, Q. C., and Lerr tor the de’ence. Mr. Kerr snid thut before entering upon the ovidenci for the defence he had a very serious objection to make, aflccsing bis Hopor’s jurisdiction, aad be was avout to proceed with bis argument when Devito sud the counsel tor the prosecution deemed cult bis Honor’s atiention to th ° er'S conose! an epyortanity any pl stious at ibe Lite they reked for the delay, aod the case Wax postpoved uvtil Lis morning to allow the prigorers time to produce apy evidence which they cvald for ine deteace. The Court was not there for tbe perpose « bearing any argument, but to hear dence, f: bis learned friend attached eo 01 tance as be appeared to do to this objecti to make. be would po doubt have an opportunity ef bring ing bis argument belvre the Court at the proper tne, bat Lo do 80 Low Was Lo tuke an advantage of the preseculion. Alter the defence bad been favored with a delay of a mouth to obtain their evidence, the prosecution was cailed upon to answer @ legal argnment, which, be must Say, Was Out of placo at this stage of the proceedings, nnd he respectiully prayed that bis Honor direct the case to proceed ina reguiar manper, and that the defence be en- tered into, Mr, Kerr said the fact was bis objection went to the jurisdic ion of the Court, If the Court had no jurisdiction evidence co id not be taken, Mr. Deviin prayed for an opinion from bis Honor as to tbe reguigssty of thid proceeding. Mr, Justice Coursel said, that as he understood the Counsel for the defence, the objection was to bis (Mr. Justice Coursol's) sitting there at all, Mr. Kerr Ta tolo, Mr. J. stice Coursol said that an objection of this kind having been made, thero was no doubt he muat bear it, Mr. Kerr then wentea to say that by tbe Upinu act tt is provided that the Canadian Parliament ghall bave power to make laws not repusnant to that act, or to such parts or to poy act of Partiament made or to bo made, and not tuereby repealed, which does or shall, by extrens enactmoot or by necessary intendmont, exteud to the Provinces of Upper and Lower canada, or to elther of them, or to the Province of Canada, aud all snch liws passed and csseuted to by her Majesty, or io her Mn'es- ty’s name by the Governor, & hall be valid and bind ive, &e,, within the Provinces of Canada, ‘bo condition precedent, then, to the fact of statutes being valid nd binding 1s that they are not repugnant to Any itnperal act. which ether expressly or ttapliediy ex teids to the Province of Canada—acts to which her Ma. Jesty has civen ber assent after reservation are subject to the operation of the condition precedent, By the treaty of 1842, quoad extradition, it wae pro- vided that upon mutuat requisition by the two States coutrncueg their ministers, odicers, &c., made, it was reed that the United States and Great Britain shoud deliver up to justice ail persous charged with the eriines 8, cc tied tm Lie Sad treaty, committed within the jucis- dicton of either of the high contractiog parties, who should seek oo ssylum or should be found witbin the territories af the other, ‘Ibis shonid onty be dove upon certaty evidence, and at proceeded to say that the respec tive jndges avd other max istrates of, the two governments should bave power and auloority to iseve a warrant, & By ths treaty the covtracting parties pledged them- selves 10 vest iD ail their judges and otber magistrstes Power and arth rity t take cognizance of and exercize jurisdiction over such crimes, neither judges nor magise trates hovng st tie time apy common law or statutory power ty take coumzsnee of such ofences, ibe taipertal act 6 and 7 Vic. chap, 76 was then parsed by the Varhiment of Great Britain for the purpose of t to the said treaty, and it was therein pro- vided (bat, previcus ty the arrest of any ollender, a war- rant shall issue under the hod of the Secretary in Greit Britain or of the person adinintstering the government O° the wovinee. sizvitying that a reqnisition bad been made by the authority of the United States for the de livery of the ovender apd requiring ull justices of the TOE aud the peace, Sc, to govern themscives accordingly, and to aid in apyreverdiny the persous accused. It as perfectly clear from the priuciples of the common law and also irom the wording of the act in que-tion that none «f the magistrates or other officers were vested Previous to the passage of that act with power to arrest or tuke coxnizence of oliences committed on foreign soil; frtne act wm question was passed to give them those powers, ind 1t18 (© be remarked that the words of the atutute carry into effect the came treaty. ‘Thi@ Siatuie oi: course extended itz operattons ovor all the domi: jon of Great Brituin, and as soon a8 passed aod assented to became law ia Capada. : By the fifth ection It was, however, provided that “if by .any law or ordinance thereotter made by the loca! Legisiature of any British clouy of possession, a broud provision sbitlt be made jor carrying into complete effect within such colony or possession, tue objects of tho said act, by the substitution of some other evactment in lieu thereof, then ber Majesty might, with advice of ber Privy Couneii (if to ber Majesty 1n Council it seems mect, but not otherwise). suspend within any such colony or possession the operation of the said act of the imperial Parliament, 80 long a3 such substituted enactment con- tinnes fo force there, und no longer.” The 12th Vic.,c 19, was passea by the Parliamont of Canvda Such substituted enactment was reserved for seent: that assent was given, and on tho 1850, bee Majesty im Council, by procla- mation, suspended the operation of the imperial act 80 on far the 12th Vic.,¢.19, should be in force, aud no jonger. ‘Toe Court—Was the 12th Vio. sanctionea? Mr. Kerr—It was a reserved act, The imperial proclamation appeared in the Cavada y . 1850. during the continuance in force of the 12th Vic., chap. 19. By * The act respecting the Consolidated Statutes of Canada’ (22d Vic, chap. 29,C.8.C., page 36), the Sth section, it 13 provided that from tbe day mentioued in the proclamation provided for by section 4, all the enact- mouts inthe eeveral acts avd parts of acts in such ameuded schedule A, mentioned as repealed, ehall stand d be repeuled, By the 9th section it is enacted that he provisions of the Consolidated Statutes are vot the same as those of the repealed acts, qnoad transactions after those statutes come into effect, the provisions of the Congotidated Statutes shall prevail. inscbeduie A (C. SC, page 1,203), appear Pealed, 12 Vic., chap. 19 Upon tue prochumation by the Governor General of the \sordatet statutes, there uppeared at chap. 89 of te 22d Vic., “An act respeeting the treety between ner Ma jesty aod the Untied states of America for the appreheu- 100 and surrender of ecrtain offenders’? Hy the 24th Vic.. chap, 6, the first, sections of tho S9th chap. . C., Above referred toy were repealed absolutely, and for the said sections were substituted tures other sections, Ly the first eection substituted, Jurisdiction was taken aw.y (rom tho justices of the peace throughout the pro. vince, and to certain functionaries alone was given the power to thke a complaint and issue # warrant. Under the 1gth Vict., clay, 19 and Cap, 89 of the Com. 80 idaied Statutes of Canad, the evidence, in the on! ton oF tie judge or justice of the peace, should be sutlt cient to sustain the charge; under the 24th Viet, chap 6, it is OMly nevessary to be such as would justify his appre- henson and committal for trial, Here, then, are grave cosnges from the provieions of the [2h Vict, chap. 19; wo have moreover the absoiite Tepent of that statute by the act 22 Vict., chap 29. It 16 trv that it was subsiantially re enacted by the &tb chap. of the Consolidated Statutes of Canada, but trom the very momeut of its repeal the Imperial ‘Statute re- vived and remained in force in this country until a fnew proclamation of the Queen in Couneil bad been publisuad, Suspending its operation during the continuance in force Of the 89th chap. of the Consolidated Statutes of Cannda, Butt) make arsurance doubly sure, the 24th Vict., chap. 6, absolutely repesled all the three first claures of the 89th chap, C. 5. C., aud substituted in their pleces three clauses which had never been submitted to the consideration of her Majesty in Councit—ciauses, moreover, which capnos be looked upon as giving com: plete effect to the treaty, as theroby some of the officers expressiy named in the treaty as those to whom power to act thereunder should be given have been ousied of their jurisdiction, Ii must be taken for grauted that the proclamation having the eect of putting iffe into any act of Parlia ment pa sed by our Legisiniure must be poeterior in date thereto; Im fact, it is nothing more than requring that, previous to the coming into force ot the substituted act, hor Mojesty’s assent tbereto should only be gives (hrough @ proclamation from ber Majesty in Counc) The power to repeal any act of our Legislature hetongs to our Legislature, vo restriction ts by the imperial act imposed on the repeal of the aubstitated enactment, oud no other body, save our Logislature, would repes! our own acts. Consequently the repeal of the three clauses: oO chapter 89, of the Consolidated Statutes ct Canada ta volid. but the clauses sought to be substituted ha: yet, 00 Iie in them, ‘They aro but inanimate bodies, tiny the breath of life from the proclamation of ber jeaty fo her privy council. ‘The state of the law, then, !#, that in lieu of our pro. vincint statutes, or any of them being in force, the im- perial act, temporarily suspended quoad this province by the Queon’s prociamation of the 28th of March, 1956, since the reper! of the 12th Vic.. chap 19 (whotber by the Consolidated Statutes or by the 24 Vic., chap, 6, is fodifferent), regulates all proceedings for exirn- dition, abd previous to avy of the officers therein ed Issuing @ warrant or arresting @ person charged with the commission of one of the crimes (mentioned im the treaty) in (he United Stator, it was absolutely ersential in order to give your Honor jurisdiction in the matter, that a warrant should bo issued from the Governor Gen- oral, according to the provision of the act. No auch warrant, howover, ins been issued, and your Honor bas not, nor had you, at avy time, jurisdiction in these cases to arrest the prixoners. Mr. Deviin said be would simply call his Honor’s atten- Hon to the fact that he was acting under the law of the Inod, ander cap 6 of the 24th Vic., and under the 12tn Vo What he wished to call hie Honor’s attention to at ouce was, whether the treaty was io force here or not? It would seem that {t had remained for bis learued iniend to discover that they bad been living in a tate of darkness heretofore. He (the counsel for the defence) called upon his Honor to ignore the powor conferred upon bim by the L nre of this province, He (Mr. D) would ask, had his Honor the power to rot aside a xolome act of Parliament? Thin act Wo give effect to the treaty was passed by Pariiament, which was therefore responsible for it; and ritting there aa his Honor was, the power was noi vested in bim to set aside thatact, The argument of bis learned friend, addressed to his Honor, bad no force or w By reference to the Union act, to be found im the Coosoli- dated statutes of Capada, cap, 35, sec. 98, p. 24, it would be goserved that It provided jor the disallowance of bills ted to in ber Majesty's name by the Governor of this province, within two years after the receipt of the Dill by the Secretary of State, But the 12th Victoria bat Deen assented t» and was now Jaw of the land, sub- Ject to the amendment afterw made, His learned friend bad alvo pretended that because so warrant bad Deen addressed by the Governor Genoral to hia Hovor, therefore his Howor bad no jurisdiction, and that it was Rot fo any magistrate to wsue bis war such clr cironrmstances unlore be hed such authority, He (br. Deviiny waa preparod to rhow thas ‘bis hed frequently beva done, and taat porsous bai Leon arrested in the as re- second and third 16, 1864 States without any warrant. except the authority of a AMegISrwe, And Jor this reakon, that if Lue -overnment Chhed Sa Ce WerproOWitged ty waite utti ald these Tmulhies were completed, the provisions of Le treaty Would be rendered uugatory. Under tho aime ded act bis fonor had power to act without avy execctive 12th V chap, 19, had been re- Pealed. No such thing. fe cited from the . but (Oat act was ovly repeled for tne purpoee of 60: sotida- tion. “‘ibat act bad been thtroduced to give eflect to the urton trerty, only the fret, second aud third Sections bad beeu repealed by the 24th Vie, chap. 6. Ib Would be soon (roi the Consolidated Statuies of Canada, Pege 38, section 8, (hat “the said Cons dated Sratutes bail Dot be bel: 1© operate as new laws, but shall be construed and have o.lect as a opnaviiistion and as declaratory of the law as contaived fn the said acts and pris of acts fe ropesiod, avd for Which the gxid Consolidated Statutes are suostituted.’” The Consulidaied Statutes reproduced the sts 1m ques: tion, which were in force, as well as the amendment of 1561, the 24tb Vie., chap, 6 His Honor therefore had Jurisdiction, without any warrant or apy executive au thority, The simple complaint in writing was euficieus for the magistrate to yroceed in the matter. Mr. Kerr brielly replied, maintaining that while bis Honor was not required to set aside any act he was bound to act in accordsnce with the provisions of the Imperial act, fo (Mr. Kerr) insisted upon the necessity for tho executive warrant, ‘The learned counsel for the crown declared that the 12th Vic. lad never been re- peeled; now tbe only three clauses having reverence the arrest of persons had been repeated, vf. Justice Conraol said tbat ina matter of so much importance be would hike some time to deliberate, and would therefore deer giving bis judgment until two o'clock im the afternoon, JUDGMENT OF THY COURT. MR. JURTIOR COURSOL DECIDES THAT BE CANNOT DETAIN TIE PRISONRRS, SINK THKY WRKE NOT ARRESTED IN ACCORD- ANCH WITH THR PROVISIONS OF TNR ORIGINAL ACT TO GLYR EFFRCT TO THE ASHUURTON TREATY—THRY ARS CONSE QUENTLY DISCHARGED, 1 His Honor Mr, Justice Coursol having taken his seat on the bench at about @ quarter to three in the after. noon, proceeded to give judgment on the point raised iv the morning. The court was crowded, and great interest wus inauifested as to the uature of tho decision to be given, Mr. Justice Coursol sal The point J am now catied upon to decide is one of very great importance, inasmuch as my jurisdiction and my authority to act im this case bus beer put m question, and is now for the first time duectiy de. ied, It is contended on behalf of the prisouera that the treaty beiug auational act, the imperia! eoactenent must be regarded as the Bupreme law, and vor colopias Legts- Jarurex as eubordiwate to And thai the effect of her Mujesty’s royal prochinstion gusyencing the imperial euictment to give oect Lo our twellth Vie,, so long us Bich substituted provisions of that act remajped in force, and no longer, necessarily received, the poyisions of (bo siperial uci, the moment ovr local Lexislature Fepealed 1ve substitUted enactment and provisions of our Hrovincial Leg suture, It fs also contended that the new provisions enacted by the 24ch Vic. changed materially those of the 12th Vic. approved by her Muesty. with the advice of her privy council, ond that the same approval was again necessary: 10 give e.ect Co: these new vravisions, and tha the arrest of the parties charged, could have only been made upon 4 warrant signed by tho Wovernor Genvra! or person ad- ministering the gevervment of Canada in the terms of the imperial act. On tho other Fide, on the part of the defence, it is arqved that the 24th Vic, bas been sanetioned by the Governor General, und not baving been disallowed by her Majesty within two years, which period bad pagsed Ing betore the arrest of the accused, that it. bas power of law, Also, that Thave no power to declare the 24th Vie. uuconstitutional or void, This crzument would ba conclusive if the act related to ® local matter within the ordinary jurisdiction of our Legisiature, aod interpreting the clauses quoted of the uion act ag {do now. | hold that this provision as to the d sallowauce of a measure passed by our Legialature, can only have references to such. measures as our own Legis: Jaturo can originate. In this-case it ia different; The subject matter isa na- tional ous. It bes reerence toa treaty between Great Britain ard @ foreiga nation, and the impsrial act must b rded us the law which governs the cue, That our legislation is subordinate to tt im this instance, aud im the absence of any sanction or formal ap- provil. given by the Queen to the 2ith > V in the special form required by the imperial uch as not given to the 12th Vie ,I am of opinion by repealivg the clauses of that act conferring jurisdiction, the imperial enactments revived. Iam vot new culled to declare the 24th Vic., woconstitutional or void, but simply to state what law is tn force and I feel that I am bound to obey the imperial authority in a matter of national concero, aod without which the treaty woud pever have been put io operation, Alier giving to these diferent objections my most de- nberate attention I bave come tothe folowing conclue aion:— 1, That the imperial act passed to give effectto the treaty isto be regarded) as the supreme power and authority, and to be taken as my sole guide in this case, and that the Canadian enactment could take effect only, so long as the permissive power granted to our locai legislsture has beon strictly pursued, followea by: the senction of her Majesty 1m council, and an order of her Majesty’s privy council suspending the imperial enact. ments and giving torce and effect to our local legislation, 2. That the 12th Victoria, passed by our levisiature with the view to substitute provisions to tbose con- ined tu the imperial act, did not become tbe law of ais province without the royal sanction firet being given tO it. im ibe fi of y with’ the advice of nee privy. cobboit wus Ye tee verses ot the imperial act, the suspension was not absolute but Imited to such a time ag the 12th Victoria should remain iw force and no longer. 3. That the substituted provisions of the 12th Vie., having been repealed by the 24th Vic. cap. 19, the pro- visions of the Imperial act are revived, which provisions to con‘er Jurisdiction require the issuing of a warrant ia the first pluce, by tho Governor General, or the person admiuistering the government of Canada. 4 That while admitting, as contended by the learned andable gentlemen representing the prosecution, that under the Union act in all matters relating to local gov» ernment, tho sanction of the Governor General on behalf of her Majesty, tho Queen, is. suflicient to make alaw operative ill*the subject matter in this case being a treaty between two nations requiring imperial logistation to give it effect, the case is so exceptional in its character that 1 am compolted to look to-the imperial act to decide what are the powers of our local legisiature in that respect. Giving, therefore, to the fi'th section of the imperial act a broxd and liberal interpretation, I can- not arrive at anyother conclusion than that any subst tuted enactment to that act of our legisiature must not only bea proved by her Majesty or ber Privy Council, but also that an order of suspension must expressly be mee to give tt effect. That the new provision contained in the 24th Vic. ebanged very materlaliy the provisions of the 12th Vic., approved by her Majesty by royal prociamatioos, issued with the advice of her Majesty’s Privy Couneil, by re- moving from all of her Majeety’s Justices of the Pouce jurisdiction im these matters wbich, by the terms of the treaty itself, is conferred upon them, giving such powers to the Judges of our Superior Courts and to the local not cesignated in the 12th Vic,,and thus, in my le opinion, the new provisions of the 24th Victoria, are ct to the following objections:—thas being & colonial measuro, it was not within the power of our Legislature to change the jurisdiction esiablished by the treaty without the express sanction of her Majesty, with the advice of her Privy Coungil, in the same form and in the same manner as wag dono to give effoct to the 12th Vic.—viz, the express order of her Ma. jesty, suspending by bor Majesty's ploasure the imperinb enactments 80 long as the eoactments contained in the Tath Vie should remrin in force, and po ionger. The 24th Vic., cap 19, is entitled an oct to amend chap. 89 of the Consolidated Statutes of Canada (the same. as the 32th Victoria), and bas in most positive words re pealef the Ist, 24 aud $d sections of the raid Provio- cial act. and enbstituted certain new enactmonts alteady mentioned. This act having been passed and sanctioned, the repealing part is good; therefore the suayended paris of the imperial act are revived by such repoai, sud are again in operation. Thus the suspended previsions of the imperial act be- tng revived, the only Iaw which can govern this case in tbe ‘ved imperial provision in so far as jurisdiction coveerned, and the manner of proceeding to obtain tl arrest and extradition of fugitives. The only npreperied Provisions of the 12th Victoria, namely, tbe fourth aection, retere only to the remedy given to ‘parties committed who are not extradited within two mocths after the date of thetr floal committal; but the provision of the foorth section cynnot egarded as Detitute provision, os it merely re-epacts @ similar provision to be found io the imperial act, Consequently the repeal may be con- sidered complete 18 go far ag the substitute provisions are concerned. I deem ft my duty, in giving this judgment, to explain that thepart J have taken in this caso in ordering the arrest of theaccused, was prompted by a desire to do my duty the moment proper information was laid before me that av outrage was committed, and | acted law which is to be found In the statutes of this pre ‘The objection havi been rai for the first tim this late stago of the proceedings, I felt thet | bad no Alternative than to decide it. If I could have reserved the point for the decision of a higher tribunal | would mort willingly, and | may say cheerfully, have done so; but the objection being ove for~ ally directed against my jurisdiction, | came to the conclusion that avery judge or magisirete, ja a case whe'o the liberty of the person js concerned, should be Prepared positively, and in @ definite mancer, to decide whether be bas jurisdiction or not I therefore now decide that, having bad no warrant from the Governor General to authorize the arrest of the accrsed, ag i required by the imperial act, I bave aod porsese No juriadiction—comeequently, 1#m bound io tnw, juatice and (virness to order the immediate release of (he prisovors from custody upon all ihe charges brought be. fore me Jet the prisoners be discharged Mr Deviio then satd:—Bofore giviug that order I desire to bring under your bovor’s notice this important | that you have beiore you only one spplication, vamely— that in connection with the St. Albans Bank robbery, The counsel who addressed vou ¢ ing, ad~ dressed you in the St, Albans case, and 1 iso now to arsure your " yo Dank Honor that Tofure to hear those gentlemen who represent the Unitea States, you will commit a great ipjustice You owe it to them to give them a reasonable orportunity to put borore you thelr cl ‘And if an application has been addressed to you im on@ cage, shal) it be said of @ Hritien uth, where justion is meted out even to enemies, that having dispored of one case you wil discharge the prisoners without hearing us on avy otnor, What will be eaid outside of thie court room—what will be aaid by the public wien it is koown that a judge in @ British court disposes of not one care only, but Of six eases, witlout the gentienen for the prorcoution paying one word. Our learned friends know perfectly well that tho tawa of this country are open to afford them relief hereafter, Has not your Honor issued several warrants, aod bave you aot one only before you at thie moment? T call upon the Court to hesitate before you dispose of this case Me appli+ cation, because ruch a proceeding is ‘wnprec ted. If One prisoner stood at the nur Yefore y-” Honor againes whom there wore several indict ¢ end be were Requitted om one ot these, woul Honor 4: ‘ae. diately discharge him on ihe ott < well wh ob knowing what evidence there wes 9 upport th gations? Ag a judge of th Inad you are | , know that in ovher = chens the rock luge Aro not strictly correct. order If your Honor gives the the discharea of the priaoners poople out Will BAY Ubab our judkes ure prejudiced, and dec cases wiAtLout heariug them argued. Your tionor wii sardon Me | speck with some esoilome.t: UE T woud net consider (hut | bid dope my duty to my chents if id Det evdeavor to see tual Lurie interests wo.e prt ed. The character of our judiciary, and Our cbaractor for fair Plvy is at Bloke here, and #| (bough it 1 Reid (hay there are in our communiby Lbose whe FyMpathize with uw uth, I heve yet to warn th t (here is # msn Lere WO does Hut dese to Bee jublice® administered spar. tially according to Briush law, Lea upon our Honor then ip tue nape of jusiice to hesit te before you put that oraer into earovtion. 1 ark you meuin to aford us oppeivupity @ be beard belore you swe)? Charye out. | ask 5 & 10 bear tbe counsel who represes t tho tmyortaut international to torests that are at atake bere = | buve always said, and J bow sopeat, that T would be the 1st ove to Grpesa the discharge of these mea li I tnovght it was ooe Biiy and in acc rdance with liw, I would sty discharge them by all means, lot the Gonarqueoces be woatever t may But) ask thet you do vot discharge them in waoleaal’ way, Lask You il in doing (oat, you are treat ing US with inat Carnes to which we are evtitieu? If you do this. state here most golermnly that if the cients we represent tied (oat if when they enter @ i riviab court of justice they claims will not be Leird, sven sequences. NO 'y bas displayed greater fairnesa iu sitatiar circum @ the courte ind vuflicers of justice have invariably combines Lo jive eflect to this very beneficial few. Your Honor, 1 trust, and I Most sincerely hope, for the aake of the judiciary and your own characier—and I have known your Honor ever Binee you Wok that eat which you now orcupy. aud be fore you pointiment to that place, and ny one's char. acter bas stuod bi, ber—tbat you will hesitate berore you discharge these men, aud allord the counsel for iue pro secution au opportupity to represent their cieits in the other cases, do tet the learcra gentia- mon op the other gide come into court aud make any applicauion they please. We are pre pared to proceed instanter We know that in another cuse they can make the same objee'ion, but then we wil! have av opportunity of beimg heard, du» af tbey are Now discharged it will be suid by very many that an advuntazo hus ut only been taken of us, but of oUF Clie zens. 1m sure your ilonor will not savetion an act of tos kind, } submit this matter to your Honor’s judg mieut, and / i pe that you will call upon the counsel for the de‘ence, if tuey have any application, to make Mt ia the other cases, Your Honor knows that thy Judges of the Superior Court bive the same jurisdiction as your Honor in this metter, and if we had had ony idet tbat your Hovor would decide tt in this way, we might Lave requested :f your Houor to invite your brother Judges to take a sevt ou the bench to bear the arguments in this case, My learned friends, the Hon, Mr. Rose and Mr. Johosou, will address your Honor much more ably thau 1 have beon abie to do, and } will therefore not further ece: py your attention, Mr. Johuson observed that nothing that could possibly be said in this case could tucrense his opinion of its im- portance. ‘Thos who represented the United States ia this matter bad very grave mterosta indeed, and thor who represented private inierests had also very grave interests, Mir. Jounson was nbout to proceed, when jeitt, Kerr, interrupting, objected to the discussion as irregular. Mr. Leflamme also eaid that it wae tho first time that counsel had been allowed to comment ona judgment. jwhuson denied that he was about to comment upon the judgmeat of the Court, and was ubout to give some explanation of his object in rising to address bis Honor, when be was again interrupted by the counsol for the deience, Hon, Mr, Rose thon endeavored to obtain a hearing apd, remarking that be had too much respect for bis Honor and (or bimself to attempt ny comment on the judgment which bud been rendered, he proceeded to say ‘that they were there that dvy to argue @ particular cage. But here he also was interrupted, and Mr. Justice Coursol then said that he could permit no remarks on the judgment which he bad given Ho was fully aware of the importance of the duty which had fullen to bim—a duty which be had much’ ratver bad been performed by some cue else. But be was deter- mined that in this,as in all other cases, the British rules of justice’ shonid be followed out, and ke camo ‘to this conclusion, that, having no Jurisdiction 1m ome case, he had ‘no right to keep the Prisoners on any, Having declared that his proceedings were illegal, be falt it to be his duty to order the imine- dinte release of the prisoners, That would be the duty of any Pritish judge, He felt the responsibility be was assuming, but placed ag he was be was bouud to act ag the lnw and his conscience directed. His Honor then rose and retired from the bench, his decision being received with approbation by the Southern sympathizers present, whose applause the oflicia's valaly endo. vored to restrain. ‘the. raiders then left the court surrounded by their friends, who of course were loud in their congratulations on the termination of the investigution, The Cenduct. of the Montreal Chief of Police Under Investigation by the City Counctt. [From the Montreal Herald, Dec. 14) ‘The second of the regular quarterly meetings of the pee was hold last pigbt, bis Worship the Mayor io the chair. THN ST. ALBANS BAID 19 SHR COUNCIL—CEARGES AGAINST MAJOR LAMOTHE, CHIRF OF POLICE Councillor Daviin arose and said he had on many occa- sions deiended the Chief of Police, but ho regretted that it was uow hig duty, as a member of the Folice Commit- }, to brin, fore the Council what be considered a rious dereliction of duty on the part of that oiticer, In his opinion the couduct of the Chief was such as to render Decessary an investigation. He had u..erly and eutirely forfeited bis coniidence. It: was his duty, thereiore, to call for an Mmveetigition tato the comduct of the Chict of Police. It was known to the members of tbe Council that, by a9 judgment given tbat afternoon, persons charged with murder and robbery had been dit charged from cut + Chiet Lamothe had been et trasted with about ninety thousand doliars of the stolen mocey, in bis bauds on the strength of the cond. dence he (Councilior D.) bad his in integrity. The juag. ment was rendered at bulf-pust three o'clock that after+ noon. The legitimate owners of the money bad urged him during the day to attach the money io the bands of the Chief, but teoling certain that tho meu would not be discharged, and that the money. was perfectly safe in the hands of the Chief, who had given assurances that it would pot be given up even if they vere dis charged without an. order from the Court, he (Councillon D.) did not attach the money, us suring the legitimate owners that there’ was pothing to. be apprehended Immediately upon the ren- doring of the judgment he (Coun. DP.) went to the station house, but not finding the Chief there, he went to Litte St. James street to propare an attachment, when he met the Chief of Police opposite Mr. Laflamme’s office. He told the Chief that be wax about to attach the money in his hands, bot was informea by him that ho bid given up the money. He then asked the Chief of Polico it be had uot promised not to give up the money without ao der from the Judge, and taxed bim with having given 0 money up before the judgment had yet been record. ed, On asking bim how he managed to obtain the mo- ney from the bank, it bemg after banking boure, he etated that he had gaiued admission by a private door Councilor Deviix continued, chargiog the Chief of Police with baving given up money placed iv his hands by Judze Coursoi, without an order from the Judge, and with baving digp ssessed bimeeil of money placed in bis bands by giving it up to persons from whom he had not recetved it, Councillor Deviin bad gone to Judge Couraol, and on asking him it he hud ordered the Chiet of Polico to give up the money to the raiders, be said he had given no such order. Tho Chief of Police being one of the «M- cers of the corporat: they were responsible for his noes and it was bie duty to say thathe had vever heard of a case where an officer charged with the custody of so large a sum had without authority emptied hie pockets or banded it over to persous who were not the legitin owners of it The city might yet be called oo ts retund the amount to the lawful owners fe was prepared to show the couneil that the Chief of Police had given up the money without ary authority, He was further prepared to ehow that @ warrant for the approbenston of persons had Deen piaced in the Chief's bands, and he (Councillor v).) bad been tnformed vy the Hon, John Rose and a gen- tleman of high legal position in the State of Vermont that the Chief had absolutely refused to execute that it for three-quarters of an hour after it had placed in his bands, when the object of the Issue of the warrant bad been defeated by the disappearance of the persons to be arrested. If the Cate! takes apoo himself @ responsibility of such im- portance he could teil the Chief that be was not a person whose position would onable kim to bear that respuori- bility, This dereliction of dutv ou the part of ove of their on.cere was a serious matter to the corporation. The Chief bad given up the mom fter banking hours, and before there was time to record the udgment of the Court. To whom he had given it was best known to him. If ho had given it to the prisoners be had no right to do eri 80, not received it from them, and not having been ordered to dogo by the Cu The Jadge had jn- formed bim (Mr. D.) he bad not giv thority to give it up and be ta the only person who had authority to order the (hiel of Police to give it up. Tue money bad been stolen from the St. Atbane banks, who were his clients for whom be appeared in the case, and bo had informed them that our officers wero beyond reproach, and the money wonld be as their own hands. He cou- tended that the Chie! of Police must bave conspired with somo person to deliver ap this money to the raiders, \lderman Rope said this was the first intimation bo had received of the facts stated by Mr. Devlin, and as all the members of the l’olice Committee were present ho would, if tho Council desired it call @ meeting of t committee for the next ay at and hour determined on Alderman Leciares said in justice to the Chief tho sooner un investigatiod should be held the better. Councillor McCreary etated that he had just spoken with tho Chief of Police, aod that ofhcer admitted that ho had handed the money over tothe raiders. He con- riderod the act am arbitrary axsumption of authority. Hg thought action should bo taken to night. (he Mayor sugested (be propriety of the Police Com- nilitee reciting to bly room and there receiving avy ex- planation the Chiat might otter, Councilor Larriim said as the charge had beon mado tho Chief sould hove an opportunity to make nee mM the same public miaoger The Judge ha urged the pris vers, instructed bitn to xive them money, aud distinet'y authorized him to give it up. Councillor Devin eaid Councillor Labelie wid misunder- stood him, Ho sinted that no order bad been given bim by Judge Coursoi, aod st wae & matior of utter imporst bility for him to have gives the money uniess be had done #0 before the wigment bad been rer cured, After ‘urtber discussion, Counetilor Davin conded by Councillor Hivgingoo, that the Cnief of be now heard on the queation, Alderman Ropers thought it would be quieter to edopt the course suggested by the Mayor. Councillor Davin maid the enarge bad beea made before the Covoci!, and the chiet should be heard beiore them siso, The accusation hed been publicly made vnd would be reported in ail the jouruals in tae morning, and his de fence should be nade in the same piace and go before the pubie at the #ime time. He hoped Councillor Neviin would have no objection to the Chio('s appearing beture the Council. Mr. Devin had an interest in the matter from the fact that the money sa question was subject to Seizure to be delivered over to tbe Northera States, from whom be was to rece Alderman KovRN moved to amendment, seconded by Alderman Grenier, that the Police Committee retire and boar the statement of the ( biel of Police and report the game to the Counell forsbwith, Councillor Dowovax aart no member bad defended the Chief of Police more warmly thao hefhed on every ocom on, hut he though! Anat ar sa offices of the Corporaiyen ot be permitte! to address the Council before } bis Cmuttior, tHe did vot see way | bea tii to be derived from a mere deoial of what be had ulrendy admitted to Counerlor MoU easy. Alderm D GORE suid (he | bie! 0! | 1G belng charged Mr Levin with serious dereletion of duty, the com 1 meot the LEXt day aud report Lue [oliow ing Bight to the Connell, (oncitor Hi.civsox hoped the Chisf would get the er port pity of defending. fimsel: in Counotl bo raw ‘he contiemen from St, Alb prene| they wore de bE osm me xious to bear 6 piaontin of the Ch Couveiior Lavin consented to withdraw bis motion if Sas vtlor Devlin would give him the wasurance tat the We vould, aitor the committee had roported, bo per, mitted Lo address the Cou 101% Wak mmmeMLOR to whereupon th ot and tbat committee retired, yonrned for balf an hour, many members going into che m m with the Commies 1h 4 ‘ew minutes the members returped to the Council chamber, Alforman oops wlated that the committee had re Hired, a® wwatrncted by the ¢ and the reauit of they meating was now In the hands of the Cuy Cle Mr Giceko myer then reed « statement of w had transpired at the meeiing, to the effect thot (be Chief yf y Clerk was Povee made a verbal atatemen ° aboot to tke it down im writing, when 5 ‘Westorn Canada wresied from na. If. the efore, the present purpose of toe Am ean goverbment be \ully oarcied out, there Com hardly be a doubt that it involves tbe prom viiing of moumber of expensive gunboats for Canadioa iO Btore tor 4 bb aud the utter disregsra of the © gratitude by rascals to whem our eouuiry allurded asylum when they wero ia need. The Toronto Globe, in an editorial commenting on the National Fenian ‘onvenit , which i to moss in Uincia- Sati on the 17th of January vext, remarks ag ivilows.— FRNIANS AND KeDr La, * © © After tue guthering nwiy beld in Chicago, wo cw easily beliove that sortie: will take pace ie Ciweinuats. Were the doings of there people covtiued we the iuvasion of Ireland, we should bave votning to my about i, @ince tt could omy end, Ut atiemted, tv the avging or shooting of @ OF Of EueM, tbe Chie part of whicn work would be done by the very men whee wrongs (hey fancy themeeives canned upon to redress, Hut the vater has assumed al! gol Va atffe the presnce of recent evens. The farthooming 0 vimemnnats ts ful of rignaficonce. of the United "9 ca Kecoutiy the territory States bas beea invaded by binds of armed meu trom Cavada, aod great inritation bas been excited thereby, We ase cur port howl eswoud feel vf mirauding Am ricans were to treat us ia simular fa hen? t@bave 1 writton down, uuless the enarce were submitted ip writing — Theroipen be te.t the room, The atvrement was signed by tho ity Clerk Couneiiior LAvRite objected to the reception of this stetemeut, as It wos NO more than & special roport of the Chairman of the Police Committee, Alderman Roppen said the document was a correct ro- ence of the coi- vd was Gertilied by the Cry Clerks ilior Davin then gave # brief statement of what navred inthe roam in Frauch, He sed the Chief waa richt in not making & statement tm writing, which might bo aged against himself, without @ charge ta writ: tog being submitted. The Chief suid he bad consulted Mr. Carter, Mr. Laflamine,Q ©, Mr, Course aud a egal friend, and in accordance ‘with their advice, when the judgraent of the Court was rendered, he delive ed ihe money up to the prisoners, He then procecded to say thet Mr Deviin said Iu the room that if the Chief's state ment was correct ho would not hesitate to declare nim not culpable, Counciilor Davia said he would reduce to writing the charges be bad to make, and would bring Judys Consul and others be‘ore the committee ani they woul) thea soy whether they bad authorized the Chief to give up the mouey Councilor Davin sald the reason be had undertaken the defence of the Chief was on account of these cnarges go- ine betore the public ta the morning, He knew that if the Chief bad an opportunity to explain he would do go olfectnaliv. Councillor MoCrwapy then said that the Chief had Stated ‘rankly enough in the room that ho knew tho day before that the prisoners would bo liberated that day, How be know was bis business, He thereiore took the precaution to go to the bank and get the money to be ready when judgment was rendered to give itto the railers. Also Ubat he bad asked Mr. Carter who told bim bo abould give the money up if the mon were discharged, an/ pid asked Mr.‘ arter to speak to Judge Coursol on the sub ect, and that be bad also tola him he should give up the money, Councillor Laneiie said the committee had no right to {nvosiigate a personal aMsir between Judge Courgol aad the Chief of Police The J.dge had advised bim that it the prisoners were discharged the mouey should be given up. Alderman Gorrim said it was requisite to pass a reso. lution directing the committee to Investigate tae matter in ordor that they should be ful.y autuirized Ho there- fore would move, seconded by Councillor Mcuibbon, that serious charges having beco mado against the Chief of Police by Councillor Devtin, the Police Committee be in- structed to investigate the same and report at the mect- ing the following night, or at ® special mesting, to be called at an early day. Councillor Davin objected to the committee taking cognizance of the charges unless made in writing, upon which Councillor Devlin said be would submit them ia writing. Councillor McGinnow said the Chief made a mistake in Giving the money before he had a written order from the Judge. Alderman Laciame thought {t would be advisable to place the matter in the hands of @ special commitice, as he believed, from remarks of the Colef, that he thought there wera members of that committer who were inimi cal to bim, Alderman Rovpen said if it was the wish of the Council that the Police Committee should investigate this matter they would do so, but if they desire to appoint a special committee he would be load to got rid of auch an investigation, He, however, entered his solemn protest against the statement of Alderman Lectiirc, that the Chief would not be fairly dealt with by the Volice Com- mittee, That committee nad treated the Chief with a degree of consideration never before accorded to any Chief of Police, He had the Insive control of the men, at an expense of £10,000 a year, and this power, ho stated as cbairman, wi liberal, as it ave to the Chief the pow press information that should come tn the usu himself and other members of the committeo, had occasioned an under current tu the committee that must evidently break out. Councillor Davip moved in amendment to appoint a Special committee to investigate tbe charges, to consiat of Aldermen Gorrie, Greiner, Bulmer and Contant, and Councillors Lamoureux, Higgivson aud McGauvran, ‘Ibis motion was subsequentiy withdrawn, on condition that Councill r Devlin submit his charges in writing, where- upon Councillor Devlin submitted the following charges The undersigned Counciilor charges Guillaume Lam: th Faq.. Chief of Police, with having on the 13th day ot Do- cember, at the city of Montreal, without authority and by dosign dispossessed himself of a large aum of stolen money amounting to between eighty and nivety thou- sand dollars, which was paced in bis hands for keeping to await the result of legal tevestigation; which sum of money the Chief of Police it is fur ther charged delivered to some person or porsons net the legitimate owvers of the same and to the great foes and damace o! the persons from whom the same aum of money was stolen B. DEVLIN, ‘The origina! motion was then adopted, Alderman Ropoxw rtated that the meeting of the com- mitteo would be beld at three o'clock on Wednesday afternoon, and that the facts would be reported without taking @ vite to the Council meeting the same night. The meeting adjourned. Opinions et the Canadian Press. THE DISCHARGR OF THR RAIDERS. {From ihe Montreal Herald, Dec 14.} Our law report, published clsewhe will show that the St. Albans raiders bave been discharged on one of thosy techotoal pointe which have often saved crimiuals from the pupishment due to their crimes, and whien of course will always be invoked and bave their full weight in cares where the offence compiained of i attended with circumstances which paliiate, or feem to pal- liate it. We peed not go into the nature of the sirictly legal argamont which was to avoid the necessity of meeting the case on its merits. Perhaps if the prisoners were to be discherged st ail it was better that it shovid be done for a reason which my excite less feeling than some others which may be ima- gined. On the other hand there is a view of the case which It appenrs to us, writing, as we do, 0 the spur of the mo- . 1s not without its importance. Our government has and iteel with that of the United States that each of them will band over criminals of certain classes on demand made by theother. The decision yes erday of Mr. Cours sol Serves to show that we have either taken no steps or insulficient steps to carry out our engagement. We ought to have made a law which should have been ao instrus mect in the bands of our Executive to enable it to fulfil {ts obligations We have made one, which by blunder or neslcet, im some impcxtant par: ticulars, renders tt impossible to carry out our obligation, or if possivle is possible oaly in @ roundabout y, which we bave legislatively deciared to be insult cient. We do vot discuss the propriety of the judgment upon this Hew point, anddenly raised; but i that jadg- ment be good, It is evident that wo muss at ovco make our Jow conform to the treaty, whose terms we have u dervaken to execute. THE LATEST ABOUT THR RAIDEKR. It willbe observed that an important disevssion in reference to the delivery up to the raiders of the mouey 0; the St, Albans banks took place in the City Council jast night. An investigation isto be held before the Police Committee to-day, at three o'clock, into the cir- cumstances of the affair. At alate hour last might we were informed that the raidershad started West, GUNBOATS ON THR LARBS. (From tbe Toronto Globe, Dec 13.) The announcement of Mr. Lincoin, that his government has given the requisite six months’ notice for the termi. nation of the treety between Great fri! id the United States, which forbids cither party having armed vessels nypon the lakes between this province and the United Slates, is very seriously to be repretted. To Canadians espo- cially ‘tt is a matter of the very gravest moment. Under that treaty the lakes have been tree trom vessels of war and we Davo been saved from any necessity of expending our money in building and arming boats to watch similar preparations on the othor side. Now the prospect is that this is all to be changed, and that we are to be left only choice between a large outiay for uaval purposes and the uppleavaot alternative of remaiming in @ state of jnse- curit: The partien to whom we are to owe thie altered stato of things are those Confederate refugeos w! vored to make the Northern lakes the eceae of piracy aud robbery. Much as we regret the determimation of tho Amorican goverament, we cam bardly be surprised at it. We cunnot expect Mr. Lincoln and his Mintslers to wt quie'ly bwand witness such acts as the plundering of the two stamersun Lake Erie two or three months since with ‘ow! taking some sleps to protect the commerce of their people Not only did these robberies occur; not only bavo outrages of arimilar character occurred; not only is there plenty of evidence that the outrages which have iakeo place are bat « smail portion of thuse which bave veea projected—that, in fact, they are partof a rogulariy planned system; but there i, moreover, a fystemant ¢fiort mada in this country to defend the pirates cand raid era from the consequences of (heir crime. * *® Undor the circumstances the Araerican goverament is impelled to do eomething for the protection of she trade of its northern frontier. Soldiers and guarvs at the prin cipal towns are fret rate in their way, but they are use- piracy. urances |Dal our government ¢, wd ready to do, whatever ix possidie to prevent irting any more of their robbing “oat Dim Port of what ued taken place in the pr mbes, in dv the Confederates (rom b expedicions (rom Our Goll, preexce. lent; bul (he American na'uraiby thinks that a few gunboats would be a mare abeo bite security, $0 the government at Wasbington betbioks itaelt of the treaty which prevents its seading gunboats to the lakes, and gitos (ho required acbice oF the termi. Hation of thatengagement. The six months will ha expired by the opening of navigution next spring, and nett summer the American commerce oa the Northerm lakes wiil be j retected by properly sppornted gunboats. So far as the Confederate pirates are eoogerned, the 40 will bo Batiafactory enough, it there bad been & gunboat hard by to overhaul the rascals who captured fod robbed the Philo Parsons and Isiaod Queen, our of- ficera of justice would have beeu saved the trouble of catching Burley, and our courts the dit culty and respon- ibility Of deciding what to do with bim Bus for our OW Poople the nypearance of a number of und ats on our injaud seas is & very different avair, Tbe businers men sad property holders of our exposed cities bei towns, aod those engaged tn our jake commerce, yeiit ary consent that there suali be guabeats oo one side Of tho Inkes and not upon the other. That tule of chin Mi t i imthe event of war. \ ~ i cloricans nod guntoat watle we had me, hey could make short work of the 'h fcr tes of Upner Vanarsa, Long before we could bexin to supply the deiicionoy, wo ane PAV the very polaws mast cumatin! to the deveace ? How did Did thoy a mer feel when in 187-8 they were the vc pt Lbe uesuraoers Of Lhe American gover uf given in good lato, thatevery e.ort bud veew@ wo ld be made to prevent the iecurrence tore dreds of vielen wid they Dot po b pool the assertions Made by the Washingtou a tb , and auswer t,oae aod al) that they could Mave provent d the r.tis had they cored #0 Lo dor And were we not, ere they were Bioppedy bro ight lo ino very yorge of wa! Kt ic be rem mitered, tov, that then the posilion was mot neariy $9 erv'ical a: it 68 nw We dave at the present time two net bdhew Of cogspiriiors, both tulerested in creating « War De tween kogiaud and the Cuied States, We have tue Confederates, who fee in it their only bene of ral vation; we have the Feniane, who ink by it to be abio to “rekindle the fires of hiverty on the altars of o- laud.” It would be very strange i Lhey id uot coalesce, Des not the convention calied to meet in Cinernatt poind to united agiion? There may be avnetning ee which, in the excited imigination ot the Fenians, causes thein to believe * thas (he Mime for Rtriking a decisive blow for {rst tidependence is at hand.’ but conjecture tails te dis. Over auy other reason (tan tne power they believe Snemselves to pases Of bringing about a war betweea Hag and and the ured states, The question ts uot whether they will be ablo to annex Groat Britain to Lretwid, for that bas Kot to be dons ve fore the susk they bave #et thomaeives to accomplish oom ve \uliilied, 1ti8 poLeven whether they will xa ceed ta bringing about tue desired war, But it ia this—is dros sib efor ‘hem, in conjunciion with the Contederate 7 Fugeet here, (0 gro trouble on our border? \bere cau be but one nuswor, and that an aflrmative reply. oe pumber of Fenians in the tutes is gems rally believed to be very large. ib 13 estimated tuat at tbo coming convention ut lest ® thousand “circles” will be represeuied. If each deiegate bad but filly constituents, there would be @ total of Lfty thou Bund men, but suppose there were only ten thousand, the pumber would amply wuilice Lo make u seriws of sud Gen raids upon our borders. There ts nothing to hiuder & number Of these brethren waiting until Loe vext roel dash is made from our territory, and then pursuing ucroes the line, where they mixbi take care not to catce Confederate, while at the game time they pitiaged murdered our people. What sort of com ort shuuld we be itkely ‘o get from the Un ted States government sf (hie were done? We sbould, in all probability, be told thas citizens, Justly and naturally irritaied ut the dostruciioa of life and property by the rebela. could noi be expected io the heat of pursuit always to diatinguab between them ‘and their alders aud abetiors. Or suppose these ( outnuer- aio raids ure continued wotil the unger oF tu rican people {s much bigher thin at preset, could we expect the foderal government to take any very extraordiviry precautions if the Fevians wore to make counter-raids’ When we asked for redress, “ha! an excellent opportunity there would be for Mr. Sewird 0 im dulge a tittle pleasantry! He might copy the ipsusima verta of the assurances given. by our gove nie: t to the United Siates, that every exertion should be made to keep the peace, aud send them buck ia reply to cur re- monatrances. How remarkably eary we should nil ‘eet under suco a retort! Yet there 13 absolutely noth ng te prevent our territory being viouited by these Fenians. it would be the best means they could possibly adop’ for Lring ingun the hoped sor war. There are plen'y of them if they cannot raise $2,000,000, they can undoubtediy raise $10,000, a sure which would suflice to fit out many expe ditions larger thao those of St. Albans, Thy have many aympathisers among their fellow coun rimen in Canada, wao have Ling been engaged in the work of orgimutin. ‘They loudly boast that they bave accumu ied eousiderabie. quantities of but, to the calculation to ite lowest pro, \ ing there is mouey sufficient, five hundred oF a thous firearms can be procured any duy ia any city » the United States, They would have to some ex ent thesym. psthios of many Americans, who. would look upon xo 1D- vasiun of Canada by Fenta ‘& bY DO meauR unwel- come retaliation for rebel on the United States, Once tet them make up thetr minds to it, and they cap. if they will, repeat to Canada the scenes lately ‘eracied atst. Albans. Thre best way to guardagatnst this sot only posable. bub probable. danger, 13 to pul a stp to Confrderat+ plots here. Let us show the people of the United Staies thit we are determined to keep t from barm, and they will do the same by us. Butso surely a6 we allow those raide- to be continued, 80 surely shall we expuse ourselves te bitter reialiation. Pablic Meeting fer Defence in Troy. AUBANY, Dec. 15, 1864. Apublic meeting has been called to be bold. w Troy, on Friday evening, for the purpose of endorsing the late order of Major General Dix in roference te rebel raids from Canada, and to suygest or adopt such otber measures as wi'l insure the protection of our frontier, The vames of General Wool and Mayor Thorn head the lst of signers. . CLUTR. 16 Broadway, N.¥ Royal Havana Lottery.—P» Crashed rnished, Highest rates paid: for id and Ailver Paukers, 15 Wall street, TAILOR A Present.—The Most Suitxhle Preacnt for smoke ndoubtediy, @ Meerscharm Tive. which can be got OLLAK & SON'S, manufactt G92 Brondway, mear Fourth street. Hipes cut to ordec repaired. A Most Accer for a inty tam Grove machine took all the fest United States the A.—Holtday Sul BOYS’, from $10 to $™. MEN'S, from $20 to $45. Holtday P ” aker Sewing Machine Th prewiuma at the fulrs.of the and Overconts. 1. V. BROKAW, % Fourth ay, _ame of Pnraton’s tke eummereveniag’s Va dew) bo mu.titud v0 A.—Why 1s the Pe N 'T BLOOMING CERK por. Because it is due Burdsail’s Arnics failible cure for bi rheutowtism gone shot wounds. ingle applieatienaliays the pai. frou & burn the tostant it ts appited.. No family shoud 09 with out it, eoteAn Ine Dy«— he Best in the tantaneous. The only pere eet. feet Dye. Corns, Bu Teed Joints ant all diseases of the Veet oured by Dr, SACHARI®, 760 Broadway, Cartes de V+ Reduced t $1 per doven at GROTECLOSS, 803 and #05 Broadway, near Eleventh street. Cheapest Book Store in tne World. 600,000 magnificent Books, Annuals, Children’s Hanke. & ESGGAT BROTHERS, 119 Nassau 6h, be.ow Beekiwa adora's # Dyc, Preaervative pad Wig Depot, wholernie and rete No. 6 Astor ITouse. ‘The dye applied by wkiiful artints Chaps, Redness, Ac, cuted hy Soap, at bis depot, 43 Bi Dinmond Wings of ail Deseriptions, fram twenty-five dollars, seven kandred to two thousand dollars each, for sale by GROW MGLLEN, No 48 Broadway, one door below Canal street, ormerly No. Ll Wall street. Dalley’s Pain Exdractor—The ontv pain curer, even. ef burma, inwantly; 20.0emts, Depot 41 iberty street. Jewelry and Watshees of at! Dese tions for sale by GEO. C. ALUN, No 45 Broadway, ont door below Canal street, formarly Nu 1), Wail street, Eruption JOURADO'S tal sa Mediear jdway, wear Grand street, Lorin Brooks & Sou—W inter Boots and Over Shoes in great variety, at reduced prices, 434 Broad way, corner Loward street, Must be Soid—Large Stock of Over coats, from $20 to $60 Kvarything else a&e great reductior CLABAB, M2 ond 1d Wiliam sires, aent Petroicunm Company, st go county, Peanevivanda.—It will be aren the é@ directors of th Onan f ere a) stancitg ao ence Liperal wivan ribess they Gesiing the. property 2 the netanbarwood of $0) f The territory is very ar t comme: offered to aul st emt price. vir. for firm: claas oli torr: great prospects are eiuertained of inrge vecurns, M H. SIMPSON & 00, No. 64 Caone at New Yor pamphlets all “Information, $40 paid in pow secur 5500 of the original Mock, Ofte af the company, / of War Collested fc L. BROWN & CO., Park place, Broadway Kank Poudre Sabtile Qproars Hale from be foreheads of any part of the so¢y, Warranted at GO KRAUD'S depos 483 Broadway, sear Grand street, Pipteda Ware for Presents Nankin Kings, Fruit Knives, | A r Soap, Gra y bad S Casters, &o., for male by GGO C. ALUEN, Way, One door delow | ‘aval Cs eet, Sitver » Spoons and Forks, Guy They Are All Tie of fashionable Fur, now @ ota, Malt, Bend, in Ge 's chose hol ing. And ae be fon sittag 1* worth Conseiention®, amd no! ealun bated mp wilewed to. abe full extent that they GENIN, No. 618 Broadwa mblie should be oar. We Wonld Call the Attention of © yeaders to the large sale of Stocks and Bonde, by onte the executors of the eatate of Stephen Whituer, decease be sold at auction by RB. AH. LUDLOW « CO. to (Friday), Dec, 16, at 124 o'clock, at the Exchance « No. i11 Broadway, Trini fiding. Biate at uctioneere’ eflce, Nos Fine tures bi 8 Your Christmes Hat.—Now wish to save trouble and arak Went! an at 1 an P agance tr wn KNO) vartionler ; davertiog r bly KNOX for bie fal eculing to bis work. Tur superh vaciey ef fapoy abten| ion corner of bay i, of inn niment. The niece te da ik No. 212 Brosaw I possess rar