North American. [volume] (Swanton, Vt.) 1839-1841, 1839-07-10


constitution, aud decide whether one q
fepuguaut 10 the other. II NAV require
NC admit, depth Of thought and strength
81 judgment Ia doeten tins correctly. Blu
II docs not require 50 high an exercise o.
those faculties nor 81 extensive q kn0wI'
edge OF Iegai science as-it does To discover
what tie law really is, where 1t rests, as n
often does, not 10 statute books, but IN
reports, and learned commentaries, pre-.
served aud handed down from remote at
iiquily. We say therefore that II is more
proper TO entrus, jury with the power
81 Judging ul the ooHslllutlonaItty OF law
than with the power OF deciding IN oil
cases what the AN Is. But II Il were not
50, bow ATE We 10 draw thi. distinction,
and leave The jury 10 decide upon the law
without power 10 disregard il, II IN their
opinion u Is, unconstitutional! Such posi-
linn involves pa.pahle contradiction. The
constitution Ia the supreme law Of The land.
II ls higher and more Imperative than a
enactment. Every man is bound
to yield PHO, obedience, and every statute
made m deT0gatlon II II IS void, and OF no
force whatever. The citizen is not bound
10 obey such a statute, aud the luryman is
IN our opinion bound by his oath to disre-
gard it.
We admit and assert too, in the strongest
manner, that Juror would not act rashy
aud Improperly by setting up his own opin-
on OF The c0nstiIutlnDalttv Of a law in OPP
position To the decisions Of "Wise and learn
ID Jurlsts" who had passed upon the ques-
lon deliberately and imparliaiv. And it
would be a rare case in which Juror could
not do his without laying perjury upon his
soul. Few jurors could be found who
would sincerely entertain opinions Of the
aw contrary 10 those expressed and ex-
pounded by learned Judges. Tothe genera
then, but above all the h0neSfu
II our jurymen, the law, in mercy, leaves
his power to be exercised in view Of their
responsibility to the accused, to society,
0 their consciences and their God. 1t |
ould not be left in better bands.
Ncic York Sun.
The CANADA LAND COMPANY, (U. c.
We understand the Attorney General is
bout to reap a rich harvest. Under the
ERECTION of London Merchants forming the
'anada Company, he has raised suits
IainSt the settlers on their territory 70,
pwards OF two hundred thousand dollars.
instruments in arrears. No doubt they
ill enrich Mr. Haeefman, but will spread
lin and diSmay amongst thousands of in
astFious families. The company have
mpIe security, in the Improvement the
'ttlers have made every additional acre
icy bring into cultivation, every house
I'd barn they erect, add Ia The security.
Iany Of the farmers, for the last two wears.
ave been taken good deal from their
ual avocstions in the government ser
&c; aud their Iarms necessarily neg Iected
hey see themselves ruined and those who
I'VE been accessory to il, in ease and plen-
,enlovlng protection denied to them. /
hen they see the fruits OF years of toll, /
d prospects OF independence, Just within
err grasp, swept forever from them if t
tn exhausted frames and sickened hearts .
ey become ready prey to temptation. and :
sensible to the beauties Of those laws v
ev have only ieIi as oppressive-can il il
wondered at? The Canada Company. d
W begin to show its perhaps necessary.
baneiul effects; and will be beacon TO II
ure Emlerants, how they settle upon =,
'lr lands, which are now likely to remain u
years, barrier to Improvement. To II
'ted rights, every one who has the vel m
e OF country at heart, will advocate IN
pect and submissions: bnt we trust that p
government will see the impoIicv of
Intlng to individuals or companies on us
CONDITION whatever, large tracts of our pl
est lands, or tracts Of lands Of anv des. to
otlon. If an advantage is to be granted. n
II not he to companies, whose profits. 6,
'nts, officers, clerks and other expenses w
10 be derived either from a sacrifice Of G,
rltory, from the sweat Of our settlers
rant them the lands at the lowest rate. az
e salary or commission TO agents 10 10
lItate emigration and the country will
n be settled without The settlers being OF
he mercy Of absentee landlords. and
If ruthless agents.-Niagara Reporter
juRIous.-lt is stated in a foreign peri
,al, that the transformation of oats into .
ley NAV be accomplished at will in the
owing manner: They are to be sown Il
and cut twice in the way of grass. be. Of
they come 10 the ear-the following ah
son they will be changed into barley wi
iers say it is only necessary to sow oats tn
he latter part Of the month of June. in ed
ar 10 effect the changel We should like wi
ear what our farmers say to this. in
Com. Adv. & Jour. {