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American Civil War
Rebel Raiders from Canada
Detroit, October 18th, 1880. To John Robertson, Adjutant General Michigan, Lansing:
Dear Sir: —I have your note of inquiry as to the termination of Burley's case.
After I procured his extradition, it was found that the law creating such acts as his to be offenses triable in the U. S. courts, applied only to the high seas and not to the lakes. So it became necessary to try him under the State law of Ohio for robbery committed in that portion of the waters of the State Brie which is included within the limits of Ottawa county. The trial took place at Port Clinton, the county seat. Mr. Root, U. S. Attorney at Cleveland, and myself appeared for the prosecution, Sylvester Larned, Esq., of Detroit, and Judge Ranney, of Cleveland, for Burley. The court charged that the Confederate States were belligerents, and that the commission of Jeff. Davis was entitled to be considered as making Burley's act an act of war, and that such act was not a private crime. The result was that the jury disagreed, and the prisoner was recommitted to the county jail to await another trial.
Subsequently, through the aid of a class of persons then called "Copperheads, " Burley broke jail and escaped to Scotland, his native country.
His biography was afterwards published by John Lovell, bookseller, Montreal.
I remain, dear General, your obedient servant,
ALFRED RUSSELL, Formerly U. 8. District Atty for Michigan.
Michigan in the Civil War
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