North American. [volume] (Swanton, Vt.) 1839-1841, 1839-09-11

of the Attorney Gehetsl--ihe disconiteS
invenior NJ doctrine that would over
torn ihc HaLeas corpus; he agsins, whom
the Court ~ Queens Bench gave unani
nous, instant, not 10 say Indignant. Judge
meni--on his authority il wss, If al all
! that they were now about TO decide thai
they ~ere in law enIitied 10 transport these
nine prisoners. He would therefore have
| his noble friends think not twice, but MANY
times, before they adopted sueh a consiruc-
| ton Of the law. He had said that they
would find no judicial authority in favor oil
il. He had reason 10 believe that they
would get none. He had reason 10 think
that they would get an opinion to the con-
lfary from that quarter If they had anv
means OF asccrIsining it, He had reason
10 suspect that il the Court Of Exchequer
had been pressed 10 decide on the case (fGr
they could not do so voluntarily, and il
would have been irregular 10 force them TO
40 opinion in the way in which the ques-
lion was brought before them), the Crown
lawyers wonld not have obtained an opn-
ion which would legaiize that transporta-
lion. He had still more reason 10 suspect
that they would not get any thing like
large proportion of the judges to favor
such an Interpretation Of the law. But
these were conlectures, the grounds OF
which he should give no account Of at
present, further than to state that so far as
he had examined the case, and so far as
some learned friends with whom he con-
ferred, but who had nothing whatever to
do with il, Chat is, who were neither par
ties nor counsel in it,, could see, the Gov
eminent had no right TO transport these
men and il they did transport them, an
act utterly illegal, and in the teeth OF the |
law, would be perpetrated by them. 1t
was possible, however, Notwithstanding |
the opinion of the Crown lawyer having
been discom6tted 50 recently and so signal |
", and in such an extraordinary attempt,
that the Government might be disposed to
receive it in the present instance with de-
erenoe, and might consider it prudent and
'aIe to act upon it. If so, then he had to
remind the Government Of another cir
substance, and that was the last to which
re should call their attention and that Of
heir lordships. There were many men
AIKEN under arms in open rebellion, fight
ng az ainst the subects-av, against the
roops of the Crown. EVERY ONE
Of THOSE HAD RECEIVED THE
OF AN AMNESTY. Two
II three OF the present petitioners had come
n under Sir Francis Heads amnesty, on
he general promise OF pardon, and they
omplained that condition Of transporta-
ion had been annexed to it, which Il they
we're aware of in the first instance. they
you'd have remained in the woods, nr !
TODD their trial and taken their chance.
md what they now said was this: eve {
id not ask pardon, the qualification of .
'hich was added behind our backs, but |
t Us go before jury 1--WE don't care whe- I
Ter English or Canadian), and let them !
pcide on our case" Why then should c
lese nine poor men be sent to New South !,
aes, when every one of them, with one a
two exceptions. was physically incapa- a a
e of taking part in this Instruction, be- y
g in prison at the time on charges of ;,
ditious, or, if they would, of a treasona-
e nature . and when those who were real ,"
guilty, who were engaged fagrante o
lo cirile, WERE UNFINISHED, c
ND RECEIVED THE FULL BEN. a
FIT OF THE AMNESTY? With "
er lordships, who composed the highest .
'urt OF judicature in the kingdom, and n
it'll his noble friend at the head of the II
overnment, he left the case for the pres a
II.