North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-13

reau and DTummond ,ioT The defence oil thu
accused.
Thursday, 9Th Dec. 1888.
10 O'Clock, A. NJ.
Mr.. Drummond is allowed 10 address thu
court, as follows, and Mr. Hart Joins hin
in reading the comments, which form par
Of the address,
Gentlemen Of The Court,
A" Arraigned before tribunal, hitherto
unknown to all without the precincts Of q
barrack or the limits of a camp; SO form
liable in appearance, so vague ln,its char.
acter, so unsettled in its proceedings, and
called upon to answer for life and liberty
or death and opprobrum to our posterty
we dared to demand the right Of every
British subject: trial By has peers; we
beg solemnly, but respectfully, to protest
against being compelled TO enter into ouI
defence, before a tribunal whose right to
try us, as civil subjects OF the crown oil
| Eng land, we could not recognize; and in
so doing, we acted in accordance with a
principle maintained in every court of JUS
tice in the known world, not solely in
matters where lives, but even where the
most unimportant rights Of individuals are
at stake, namely: that the jurisdiction OF
such court may be questioned by the per-
son cited before il, and the decision of the
tribunal required, as to the absence or exis-
tence Of the jurisdiction so Swallowed with
doubt. This declaration was deemed an
insult! Gentlemen of the court, ICE meant 1t
not as such. Men placed in the awful ST.
tuation in which we stand, have no dispo-
siton 10 insult even the meanest oi their
ielow-creatures; much less to prolier out
TRACE TO formidable tribunal, arrayed in
judgement against them, and prepared 10
decide upon their fate. With regard to
you, gentlemen, we impnie it not 10
blame, if we have been arraigned under
these forms. We are aware that the
power YOU now WELD, has not been
claimed by you that you have not ar
rogaled to yourselves the right TO Judge
US: but we dared to assert our immun,ies
as British subjects, to affirm that the an-
thority from which you hold your man>
date, bad ovetstepped the limits prescribed
10 it by superior power, with ain eye
ever watchful over the liberties and privi-
eges of all who owe it allegiance, had for
babe even the slightest interference with
the forms hitherto adopted in this country,
in the trial of supposed criminals. And
therefore, we called upon you TO pause, ere
you proceeded TO enregister judgment
against any one of us, not for ourselves
alone, nor in the names Of our wives and
children, who, under presumption OF our
guilt, have been banished from their
homes, by the brand of the incendiary, to
seek the roof of charity, in the name OF
that God who protects the sheterless; not
only on behalf OF the hundreds who, lin
gering like ourselves in the dark dungeons
whence we have been dragged hither in
chains, awaited with anxious ear and beat
ing heart, dscsion 10 them OF such vital
importance, but also in the names Of hall
million of our fellow countrymen, any
one oil whom may, at moments warning,
on bare shadow OF evidence, be cited be-
fore you in Judgment, TO be surrounded in
that dread hour, by all that can appal, de-
prived of all that can support the human
heart in such a situation, and utterly stript
of that armour with which the humanity OF
the English law, as extended to this pro-
vince, had hitherto encircled the accused.
But the fiat has gone forth! You have
decided (or rather you have assumed) that
yon are duly empowered to Judge Us. As
we must, therefore, for the present, submit
TO the decision OF military tribunal, we
deem ourselves fortunate in beholding, 10
the persons Of our judges, many whose
high reputation sufficiently warrants us
that they will not stain their laurels with
aught savouring OF injustice, and others
who, bearing on their countenances the
impress OF high aspirings, will not cloud
their rising fame, By allowing any precon-
ceived opinions which the breath of malice
may have waited to their ears, 20 influence
the decision which they have solemnly
pledged themselves before Heaven, 10 rem
der according 10 The eridence. No, gen.
tlenen of the court, in your consideration