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806 X. AMERICAN STATE TRIALS.

No court of justice here has jurisdiction over the crime of
murder committed on board a British ship of war. Now, as
the requisition was made to the President on the part of the
British government to deliver this man up, it became neces-
sary to now whether there was sufficient evidence of his
criminality pursuant to the treaty. The judge of the court
of Carolina was therefore called upon to inquire into the evi-
dence of his criminality. He was the instrument made use of
by the President to ascertain that fact. His delivery was the
necessary act of the President, which he was by the treaty
and the law of the land, bound to perform; and had he not
done so, we should have heard louder complaints from that
party who are incessantly opposing and calumnieting the
government, that the President had grossly neglected his
duty by not carrying a solemn treaty into effect. Was this,
then, an interference on the part of the President with the
judiciary without precedent, against law and against mercy;
for doing an act which he was bound by the law of the land
to carry into effect, and over which a court of justice had no
jurisdiction? Surely not; neither has it merited to be treated
in the manner in which the traverser has done in his publica-
tion. A defense of greater novelty I never heard before.
Take this publication in all its parts, and it is the boldest
attempt I have known to poison the minds of the people. He
asserts that Mr. Adams has countenanced a navy, that he
has brought forward measures for raising a standing army
in the country. The traverser is certainly a scholar, and has
shown himself a man of learning, and has read much on the
subject of armies. But to assert, as he hag done, that we
have a standing army in this country, betrays the most egre-
gious ignorance, or the moat wilful intentions to deceive the
public. We have two descriptions of armies in this country
~——we have an army which is generally called the Western
army, enlisted for five years only—can this be a standing
army! Who raises them? Congress. Who pays them? The
people. We have also another army, called the provisional
army, which is enlisted during the existence of the war with

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