North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-20
EDITED BY CANADIANS & AMERIcANs

civil judicature, bui BY The iudisature of
The Regiment or corps to which he be-
longs, IL extends also to great variety
OF cases not relating ,o The discipline OF the
Army IN those States which subsist BY
Military power. Plots against the Soye-
reign, intelligence TO the enemy, and the
liae, are all considered as cases within the
cognl2ance Of The Military authority. In
he reign Of King William, there was
conspiracy against bis person, in Holland,
ana The persons guilty OF that conspiracy,
were tried by council of officers. Thefe
was conspiracy against his person in Eng
land; but the conspirators were tried bv
the common law. Within very recent
period, the incendiaries attempting To set
fire 10 the docks at Portsmouth, were tried
by the common law. In this country, The
delinquencies Of soldiers are not iriable, as
in most countries in Europe, by martial
law; but where they are ordinary offences
against the civil peace, they are tried by
the common law courts. Therefore, IL Is
totally inaccurate 10 state martial lao as
haring any place srhaterer, an the realm
of Great Britain. But there is, by the
providence and wisdom of the Legislature,
an army established in the country, OF
which it is necessary TO keep up The eslab-
lshmenl. The army being fixed by the
authority oil the Legislature, il is an ndis-
pensable requisite Of that establishment,
that there should be order and discipline
kept up in it, and that the persons who
compose the army, for all offences in their
military capacity, should be subject 10 a
trial by their officers. This has induced
the absolute necessity Of mutiny nc; ac-
companying the army. 1t has happened.
indeed, at different periods OF the Govern
ment, that there has been strong oppos-
lion to the establishment OF The army: but
the Army being established and voted, that
led 10 the establishment Of mutiny act.
Ii is one object Of that Act, 10 provide for
the army; but there is much greater
cause for the existence OF muliny acl:.
and that is, the preservation of The peace
and safely OF the kingdom; for there is
nothing SO dangerous 10 the civil establish
ment Of State, as liceniious and undis-
ciplined army. The object OF The H.utinv
act, therefore, is TO create Court invested
with authority to try those who are part
of the army, in all their different descrip-
lions Of officers and soldiers: and the OBJ.
ject of the trial is limited 10 breaches Of
military duty, even BY that extensive
power granted by theLeg islature toHisMai.
to make articles of war. Those articles
are TO be for the better government Of his
forces, and they can extend no further
than they are necessary for the regularity
and due discipline of The aTmy.n
The second proposition is one Of vital
Importance TO all Her Majesly's subjects in
this province; and we trust we shall be
enabled to establish its soundness, by the
arguments and reasons:-
lstly. Because ihe said pretended Or
1inance Of the I'd Vic. c. 8, was not passed
by the Governor, or person authorized TO
execute the commission Of Governor, by
and with the advice Of councillors, or the
majority of councillors, in Council assem-
bled, in manner and form as required by
the Act Of the Imperial Parliament of CT.
Britain, passed in the first wear of Her
Majesty's reign, and intituled: can Act
10 make temporary provisions for ths
Government Of Lower Canada" but was
passed by and with the advice of sup
posed Council, consisting of persons not
appointed in and by virtue ola Commits
sion, or Commissions, issued BY Her Ma
esty, under the Great Seal of the United
Kingdom, or If any instructions under
Her Majesty's Signet and Sign Manual.
and with the advice OF her Privy Council:
nasmuch as the said Council, BY whom
the said first above mentioned Ordinance
purports 10 have been enacted, was dis
solved, by Letters Patent under the Great
Seal Of the Province, issued bv His Ex-
,ellency the Earl Of Durham, GOVERNOR
General OF the Province, bearing date ON
he first day Of June, one thousand eight
hundred snd ihirty-eight, and another
Special Council was subsequently organ
zed in It's stead.
The instructions given hy Her Majesty.
It the Castle Of Buckingham, on the FL
Ieenth day Of February last past were
set aside by the subsequent ROYAL Instruc-
lions. dated from Windsor, April ftir.
Ieenth, one Thousand eight hundred and
lhirty-eight; and the Eah Of Durham,
dissolved the CouEcil, as /,
was composed on the first of June last:
a proceeding anticipated by your ExeeIlen-
~, as IL appears by tie letters addressed
by your ExcelIency TO each gentIemsn
whom you required 10 accept the appoint
ment, wherein il is stated that he appofx-
nent, scGs tut prOvisiOnal, as The Royol
conveyed 10 your Excelienep,