North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-06

Queen, between the first end seventh days
OF November, 10 The 2nd yea- OF The reign
Of our said lady the Queen.
In this, that the said Joseph Narcsse
Cardinal and others, being subjects OF our
said lady the Queen, on the Ath day OF
November, in the 2pd year Of the reign of
our said lady the Queen, and on divers
other DAYS, as well before as after, in the
said parish Of Chateauguay, and also al
Caughnawaga, commonly called Sault ST.
Louis, in the district and province aiore-
said, did meet, conspire, and agree amongst
themselves, and together with divers
others whose names are unknown, unlaw-
fully and raiiorously TO subvert and des-
troy, and cause 10 be subvertrd and des-
troyed, the legislative rule and government
now duly established in the said province
Of Lower Canada, and 10 depose and cause
20 he deposed our said lady the Queen,
from the royal state and government OF
this province, and did for that purpose
then and there incte and assist in q rebel
lion in the said province; and then and
there being assembled and gathered toge-
Their, and armed with guns, swords, spears,
slaves and Other weapons, did in further
ance OF the said rebellion, traitorously pre-
pare and levy public war against our said
lady the Queen, and were then and there
found 10 open arms against her rule and
government in this province, against the
peace Of our said lady the Queen, her
Crown and dignity, and against the form
Of the statue in such case made and pro-
vided."
Before pleading to the charge, the pr-
soners submit to the Court the following
exceptions, which are read by the Judge
Advocate, and overruled after a debera-
lion of about half an hour
P'1 ri } The g Queen
Lomer Canada. Jph. N. Cardinal ct al.
The undersigned, who have been
brought forward for the purpose as they
have been informed, of being tried upon
charge or charges of treason respectfully
reserving the right Of Directing TO the
competence Of the tribunal assembled to
try them;) insisting that in their case, the
ordinary laws of the province cannot be
repealed, nor the ordinary tribunals sns-
pended; insisting also that the legislature,
under the authority Of which the present
court is constituted, has been expressly
restrained by the act Of the imperial parlia-
ment OF the LIST Victoria, cap. 8, from de-
parting in any way from the practice oil
administering the criminal law of England,
as introduced inIo this province, BY the
act Of the imperial parliament of the I4th
Geo. Ill. chap. SO, or any Of the various
legislative expositions of that statute, by
different laws enacted since that period
and contending that the offence or offences
with which they stand charged, are cog
ni2able only by. a jury of the country, and
that by the mode OF trial and the means
resorted To, upon the present occasion,
they might be deprived of all constitutional
means OF defence, in which are included
the right Of the accused TO have list Of
the jury, to give him the benefit of the
challenge; the list of witnesses To enable
hun TO detect conspiracy and to prevent
perjury; copy of the charge, al least ten
days before the day Of trial, to enable him
to prepare himself Tor the ateful day suf-
ficlent time To procure the assistance of a
legal adviser, TO speak for an unearned
man: in tact, all the arms and means OF
with which the humanity OF
the laws Of Eng land fortiiy the prisoners
beg leave to urge upon the attention Of the
court, that according to the practice Of
courts constituted as the present, the &C
cused are entitled to the following safe
guards:--
LIST. The crime or offence must be set
forth with certainty and precision, incud-
ing time, place and circumstances in all
which the written accusation communicated
to them, is defective
End. The charge must be furnished in
such time before the meeting OF the court,
as that the accused may have foil oppor-
tunity for preparing their defence. In
fact, an act Of the imperial parliament of
the Srd and 4;h Anne, cap. l6, has ex
pressly provided that "persons tried by
courts martial, shall hare The benefit of the
act for regulating trials an eases of trea-
son and nlisprision of treason" thus Sc
curing 10 the party charged, an interval Of
at least ten days, betieeen the service Of
notice of trial aud has arrGignment
whereas the charges were only commune
Gated 10 them on the cath day of Novem-
her instant ~ a late hour in the evening