North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-27
Il TX L A L.
OF JOSEPH NARCISSE cARDI-
NAL, JOSEPH DUQUETTE,
AND OTHERS.

-grrumrntatiue Petition of .Bessrs Hart
and Drummond, Counsel for Tie prison
Srf, concluded.
s. Propositions THAT the said pretend
81 Ordinance, supposine il 10 be legal,
cannot be- 50 construed as - extend the
faa,foui NJ Courls Martial or Of any Mill
t,fy Tribunal organized IN virtue thereof,
To the case oi the Prisoners. To support
sis proposition, we have only 10 state,
TIA, sevcfsi of the Prisoners were III the
rasled4 Of the civil authorities, previous
:, tine proclamation ol martial law by your
Fxrellencv. on the fourth day Of Novem-
her asst. aud TINT al had been arrested be-
fire the passing Of The said pretended or
laance.
4. therefore, the said pretended nrdin-
srrr nrfe made 10 extend 10 them, that
enactment must evidently be retroactive
NH retrospective, which may no, he the
ease with penal law. This principle
stands recognized BY the Jurisprudence,
fst aag ol England, but likewise of all!
o,4er civilized counties. In England. the
r4. ana law Of Parliament are, that
Nora consfiuiio fufuris torman. debef
in3aaerf: non pretcritis." "a lof ne DIS
.ass que de Farenir; ellie ma point def
III reiroaciic Such is the rule laid down
f.. fIr second article Of the titrc preftma-
care lie Ia publication dss lois, the result
Al. flf. sage deliberations ol the most learn
r French Jurisconsuits. And, indeed, il
es8.l be- mpustrous doctrine, that a
cHual Statute should have the effect OF
al ezoos! facio Law. This doctrine IS
uast strongly aud pointedly upheld by
.ssrned Barrister, (Paca, in his argument
reported ia Chalmers opinions, to the fol-
Living rdrct)-" 1t is an established rule
ot Jaw, that statutes have no retrospect;
}lty look forward only, and prescribe for
(bs time To come: for, upon no principle
e national Justice, can mans actions fall
within the counizance of a law made and
enacted er9osi fdcto." The following au-
radlies are equally conclusive on this
riini:-And not only is ii the doctrine oil
the ENGLISH law, that a statute is not to
lave a Retrospective effect; but it is also
Sounded upon the principles OF general
jurisprudence. A retroactive statute would
pafake, in its character, ~ all the mlschleie
a an erDost facto law, as To all crimes
and penalties, and in matters relating tf
contracts or property, would violate every
sound principle. No act or omission done
or made before the PRONUNCIATION OF tht
lgw which f0rbils il. can be punished as al
offence"
III an act or omission he made an of
fence by one law, and The penalty he alter
ed by another, no breach Of the law, com
miltci before the PRONUNCIATION Of the Sc
csaI, can be punished by inhcling th'
penalty Of the later"
The pretended Ordinance, known as th'
= Vic c. 8, appears to have been draws
up much in the words of the Act OF lT9S
passed in Ireland, and is, in most places
copied almost ucrbatim eli hferatim from
4he later with the former, and we iind tina
the Act Of 1898 is as strictly prospective, a
the pretended ordinance is retroactive. 1t
provisions clearly extends only TO those VIII
should be arrested aud taken, 'snbsequen
10 the passing ofthe statute. So, likewise
is the Imperial Act OF the Ist and ID vii
liam w.. Commonly called " the Iris
Coercion Bill,") purely prospective, as wi
og found on reference 10 lis PROVISIONS.
Tie ordinance OF the 81 Vic. C. 5, eve
Surprising il To have been legally passed
selng Que restraining the common Law
masl be construed most strictly, and Ft
Fuicled wherever it encroaches upon IN
tights and liberties oil the subject. In SUI
ser, of this doctrine, we beg respectfully /
quote the following auihorities:-" Ever
statute which is penal, and which goes /
defogalion Of the common law, must
construed strictly and this is a commo
Saving. "-Niver's Abridgment, uer6o SIT
tate, M. 96, page 52l. keilwer, 90,
{, c. g. Henry |: " Acts of par.iameI
which take away the trial by jury, an
shfiage the liberty of the subject, ough:
feocive the slricgrsl construction. DIVA
- NJ statutes, p. 74a. Bing. Locker Z
hacombe We also find an exposf fac
law, which can never be penal, cannot eve
he strained 10 prevent party from ohtait
'as the benefit of a contrac; 10 which
vas en,itled, at the time the contract WI
made; how much more csreful must we