The Sun.
London, England, 1847-06-15 00:00:00

THE CHANNEL ISLANDS.

DEFECTIVE STATE OF THE LAW IN THE
CHANNEL ISLANDS—NO PUNISHMENTS
FOR CRIMES COMMITTED ON THE SEAS
BETWEEN JERSEY AND GUERNSEY.
A curious case occurred last week, which illustrates
the shocking state of the criminal law in Guernsey,
and we may add in Jersey also. On Monday, the
first of June instant, Mary Smith was seized and com-
mitted to the Guernsey prison, charged with having,
whilst on board the cutter Mary and Jinne, Captain Le
Gouteur—the vessel by which she bad just arrived
from Jersey—stolen ton five franc pieces of French
money, belonging to the said Captain. On the fol-
lowing day, Mary Smith was taken before the Royal
Court of Guernsey, but it having been proved in evi•
dence, that she had committed the robbery whilst in
Jersey harbour, the Bailly and Jurats considered, that
they had no jurisdiction, and dismissed the charge
This decision is supposed to be justified by various pre-
cedents, among which is the one of Captain 011ivier, for-
merly master of the schooner Sarnia, who in 1837 was
charged with having committed a rape on the person
of a young woman on board the said vessel, whilst in
Jersey harbour, upon which the Guernsey Court refused
to take cognizance of the complaint, because the offence
had been committed out of that island. Now we beg to
observe that on the last-mentioned occasion, Mr. Badly
Brock reminded the prisoner, that had the Sarnia arrived
in Guernsey immediately after the crime had been
committed (in like manner as the Mary and
Anne had) or had it been committed during the
voyage from Jersey to Guernsey; in fact, had not the
vessel returned to Jersey and broken the voyage, the
Guernsey Court would have felt it its duty to try him
for the crime with which he stood charged. This
appears to us to be sound law, but how different is
the decision of the case before us. On the pre-
sent occasion, the vessel belonged to Guernsey; she
hailed from that port, and was therefore clothed (if we
may use the term) or invested with the protection of
the law of that island: she was cleared outwards
from the Jersey customs for Guernsey: the money
was found on the woman's person, after the vessel had
left Jersey, and was pursuing her voyage to Guernsey.
The crime was therefore committee, in like manner as
all civil acts were performed on that voyage, with the
view, if any dispute arose, of their being controlled
by the law and adjudicated upon by the Court of
Guernsey. The Captain, crew, and passengers were
all destined for that port; the voyage had com-
menced, and therefore every act and circumstance
which transpired, was clearly within the cognizance of
the Court of that Island. But mark ! The woman was
apprehended immediately after she landed, and yet the
Bailly and Jurats discharged her from custody, on the
ground that they had no jurisdiction !
Now, from whence does the Court derive its jurisdic-
tion? Is it from the ancient customs of Normandy or from
the reputed Constitutions of King John? We say reputed,
because we are thoroughly convinced, that Guernsey and
Jersey cannot establish any title to a charter from that
monarch. It is all moonshine. Mr. La Croix tells us
that •" the pretended constitions of King John are nn un-
digested memorandum of an inquiry instituted in Guern-
sey in the beginning of the reign of Henry 111., when the
two-Wallas h&citha mane governor." Now history informs
us that in those days the Governor was also Bailiff, from
tis hene6'it follows, that the Channel Islands then formed
only one Bailiwick, and therefore the Governor or Bai-
liff had jurisdiction criminal, civil, and maritime, over
all matters arising in both islands ; and it is not very
clear to us that this power was ever taken away from
him. Be that, however, as it may, if dividing the
islands into two bailiwicks has limited the original
urisdiction, it is quite certain that it has rendered the
law very imperfect for the administration of justice.
It is a sad reflection on the authorities of these islands
to have allowed such a state of things to come to pass.
When we consider the great intercourse which now
exists between Guernsey and Jersey, by steam and sail-
ing vessels, what a splendid harvest the light-fingered
gentry of England could reap. If the dictum of the
Guernsey Court be correct, thieves and others may
plunder and commit crimes on the high seas between
Jersey and Guernsey with impunity. There is no
-law- to punish them, for the Guernsey and Jersey
Courts deny that the Admiralty of England have any
jurisdiction, and they refuse to take any cognisance of
the crimes themselves. In the present case, it would
have been useless for the Jersey authorities to have
sent a constable to Guernsey with the view to bring
Mary Smith back to Jersey, to be tried here, because
in the case of Wren and others, who in 1836, were
charged with robbery, broke prison in Jersey, pursued
to Guernsey and apprehended there, the court of that
island liberated the arrest, on the ground that the
capture and detection of the prisoners Guernsey
was illegal for a matter that originated out of that
Bailiwick. This case was brought under the notice of
the Royal Commissioners when they were in Jersey,
who examined the bail►ff upon the law for the appre-
hension of fugitives from justice, or runaway criminals
from Jersey._ Sir John De Veulle is reported to have

said, that ."
If a prisoner escaped to Guernsey, his re
covery was impossible by any means whatever." This
is grand! splendid! and very comforting withal. How-
ever disgraceful it might be to the authorities of
Guernsey to permit such horrid abuses to creep upon
them, the authorities of Jersey deserve equal blame, as
we shall now proceed to show. In the case of Mat-
thews and Prowden, charged with the commission of
various robberies in Guernsey, who escaped to Jersey,
and were apprehended here, the Court of this island
held also, that inasmuch as the crimes were committed
out of the Bailiwick, they had no jurisdiction, and
liberated the prisoners 1 Here is a pretty state of things.
If a person commits a crime in one island and escapes
to the other, he evades punishment, and if he commits
it on the high seas he avoids it also. Hear this all ye
thieves, rogues, and vagabonds, who would run a muck
for plunder. What a wide field is open to your horrid
pursuits, through the apathy, negligence, or incompe-
tence of the local authorities of Jersey and Guernsey
to make laws to punish you, when you commit your
wicked deeds in these parts. Now what must be the
end of this shameful position in which we are placed, if
the Commissioners do not devise a remedy ? What
why Lynch Law will be established among us—that
wretched system which prevails in America,- and in all
other new countries, where Lir and Justice fail to
meet the wants of the community. Take the follow-
ing case for example, which is reported in the Cleve-
land Plain Dealer, a journal published in the western
world :
"A LYNCH COURT ON LAKE ERIE.—A gentlemanly
blackleg, took passage from Buffalo on board the Supe-
rior, Captain Wilkinson, on her last trip up. He took
a deck passage, so as to give him a chance to berth
with whom he pleased in the steerage. He soon selected
his victim, an unsuspecting old man, who had been so
imprudent as to show considerable of a purse of money,
in making change for his fare. The fellow managed to
get into the same berth with the old man, but appeared
very restless till sometime about midnight, when he dis-
appeared. The old man missed a suspender button
pocket, and his purse, with ninety dollars of money in
it, when he awoke in the morning. He made complaints
to the captain, pointing out his fellow lodger, whereupon
a search was instituted, but nothing found. All were
satisfied of the fellow's guilt, and a lynch court was im-
mediately organised to make the robber divulge. Com.
Wilkinson presided vs judge, claiming maritime juris-
diction in all such cases. The fellow was arraigned,
the prosecuting witnesses sworn, the jury looked dag-
gers at the villain, and he caved. He said the money
would be found in one of the water closets, which was
so, and the same was restored to the old man. The
judment of the court was then that the culprit should
have " ropes end" three times and repeat. Two stalwart
men took him by each hand and extended his arms, while
Jack executed the sentence. This took place about 15
miles off this port on Sunday morning last. The fellow
was put ashore here, and the way he mizzled was a cau-
tion to the craft."
Now only but think of the commanders of our
steam-boats and sailing crafts forming a court on
board their vessels for the trial of delinquencies com-
mitted there. Only reflect on the summary mode of
punishment inflicted. How would it do to see Com-
modore Goodridge or Commodore Babot preside at a
court of this description, and sentence a thief to re-
ceive a dozen lashes for his malpractices? It would be
shocking ; but still such things will come to pass it
something be not &Ile to romedy the oil. If our courts