The Sun.
London, England, 1846-05-11 00:00:00

iltorrniag 4ftll-118

LONDON, MONDAY, MAY 11, 1846.

We rejoice to find, from a statement made by Sir
JAMES GRAHAM on Thursday evening, in reply to a
question by Mr. ROEBUCK, that a Commission has been
issued for the purpose of making inquiries into the state
of the law and its administration in the Channel Islands,
and that he should have no objection to lay the Com-
missioners' report on the table when obtained.
It is really astonishing that during the many and
valuable reforms which have taken place of late years,
and the vast improvements which have been effected in
the constitutional liberty of the subject, islands, which
lie in our immediate neighbourhood, which have for cen-
turies formed part of the appanage of the British throne,
which, from the freedom from taxation they have ever
enjoyed, and the beauty of the country and the salubrity
of the climate, have been selected by thousands of our
fellow-countrymen as their place of residence, should
have hitherto escaped the observation of the Legis-
iature, she uld be subjected to misgovernment of the
•vorst description, in the power of an oligarchy who
suffer no considerations of justice or equity to restrain
them in the full indulgence of their worst passions and
prejudices, and who, like the Triumvirate of old, are
ready to proscribe and punish any person falling under
the displeasure of their body.
Such is the state of society, that it is openly said that

justice is not to be obtained by an Englishman, and yet
our SOVEREIGN in her Privy Council is paramount, can
vary or alter the laws, or their mode of administration ;

in fact, has greater power than in her own country, but
tf:at the power is not exercised, or at least is suffered to
remain in their hands, by whom it has hith(rto been so
grievously misused.
The two prir,cipal of these islands are Jersey and
Guernsey. The former contains about 50,000 inhabi-
tants, of whom nearly one-half are natives of Great
Britain or Ireland. Guernsey contains nearly
30,000, about 8,000 or 9,000 our own country-
men, a large proportion of whom are persons
in independent circumstances, living on their own means.
Many have acquired property in the islands, or would
gladly do so, but that they are deterred by the unjust
and oppressive nature of the laws, and the partial man-
ner in which they are carried into execution. Can this
state of things be permitted to continue ? Most assuredly
not. All that is wanting is, that an inquiry should be
conducted under the auspices of just and im-
partial men, who will fearlessly expose the
system, and lay bare the root and origin of this
misgovernment, and who will suggest alterations and
amendments by which improvements may be effected.
Let the real state of things be once known to the
country, let the force of public opinion be brought to
bear upon the question, and the evils will speedily be
grappled with, liberty be restored, and all classes of the
inhabitants of the islands will be conciliated, and pleased,
except inc grasping, uml munupullalug rew, RllO
have hitht-rto played with tue social rights and sported
with the liberties of their brethren.

In each of the islands the law is nearly similar, and
similar abuses have crept into the mode of its adminis-
tration, consequently our observations will apply to
each, although we shall select and speak of Guernsey
only.

Most of the mischief is occasioned by the extraordi-
nary powers assumed by the Royal Court (as it is
called), which consists of a bailiff and twelve jurats.
Those jurats are elected for life, by a small
body, not exceeding one hundred and sixty electors.
The most corrupt influences are brought to bear during
an election ; compacts are made, and all the worst fea-
tures of an election, in one of the rotten boroughs, that
so long remained a stain upon the British constitution,
are presented to the view. It is easily to be conceived,
that much prejudice will be felt by the newly elected
jurat in favour of the friends by whom he was sup-
ported, and in hostility to those by whom he was op-
posed, and, unfortunately, he finds too many op-
portunities for exhibiting this prejudice in the course
of his subsequent career ; there is no legal education
of any kind, no knowledge of law necessary for the
jurat. On his election he at once becomes the ex-
pounder, the administrator of the law, of which pre-
viously be might have been in total ignorance. No
record of any of the proceedings of this Court
is kept, or, if kept, it is not open to public inspec-
tion. All they condescend to announce, in any case,
civil or criminal, is the conclusion they have arrived at
—the sentence they have pronounced. This sentence is
frequently of the most arbitrary kind. No appeal
lies from their decision in criminal cases.
The majority decides as to the guilt and
its punishment—fines, imprisonment, flogging, mu-
tilation, banishment, nay, death itself, may be decreed
without the hope to the accused of the sentence being
revised. No matter how erroneous it may be in point
of law, the fiat which has once gone forth is most as-
suredly carried into execution without delay. No power
exists in the island to stay the execution, none to miti-
gate the punishment ; thus, the most valuable preroga-
tive of the Crown, that of mercy, is practically abolished.
True it is, the QUEEN in Council may pardon, or
lessen the punishment ; but it is invariably executed be-
fore the application can be entertained and inquired into.
In civil cases, an appeal only lies when the amount at
stake exceeds 2001. sterling, and thus justice is refused
to the vast majority, and, in consequence, great discon-
tent is felt by all except the favoured few. But this
monstrous judicial power is not all that is exercised by
the Court. It assumes to itself the magisterial capacity,
acts as a police-court, inquires into every matter ex
mero mote, holds a preliminary examination pre-
vious to the criminal trial. There it examines wit-
of whetherthat t t rtihiael
nsheassllest a kaeap aocaethor sue: rt,eialynd taheeeri de
es
alsa
t
verdict, the sentence may be, and we fear too
frrela tln
is, settled at this secret inquisition, before the
accused
has an opportunity of being heard in his own defence.
In addition to these extraordinay functions, it arro-
gates to itself a third, still greater than either of the
others,. the right of promulgating ordinances, which shall
have all the force of law, and by which the most op-
pressive laws may be enacted, and taxes imposed with-
out reference to any other body whatsoever. It is little to be
wondered at if, with this extraordinary assimulation of
power, executive, legislative, and judicial, the Court and
its members should have got the entire island under
their control, should become arrogant and little solici-
tous of the manner in which they discharge their duties.
Who will care to impeach the conduct or offend any one
possessing such authority, such power for good or evil?
True liberty has ever been found to consist in the scpa.
ration of these functions and their entire independence of
each other ;sit is to that separation and independence we
owe the freedom, and the consequent happiness of
the land in which we live ; from their junction no other
consequences can be expected than those which are
found to exist in the Channel Islands. And we fear-
lessly call upon those in whom the authority is vested
to abrograte all privileges which shall be found injurious
and detrimental to the liberties of the people. We feel
deeply the importance of this subject, and we shall
shortly show the public something of the working of
this most extraordinary Court in the exercise of its
despotic and unconstitutional powers.

There is evidently a scheme formed by certain parties
throughout the country to make a new inroad upon the
enjoyments of the lower classes on Sunday. The par-
ties who present petitions on the subject have not yet
ventured to name the precise enactment which they have
in view—even they seem afraid to propose such a tyran-
*4 Bill, but they try to faint in the strongest colours