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

ment of the 25th Edward Iii. cap. 9. com,
monty called the Statute Of Tfeasons: the
Statute of the same Parliament 81 the 7th
William Ill. C. 3; and the Statute of the
same Parliament of the 7th Anne. c. q
and divers other Legislative Expositions
Of the said Statute Of Edward the Ill. hy
different Laws enacted since thar period,
formed, and still form, part Of the Crimi-
nal Law OF England introduced into the
said Province OF Quebec, nv virtue Of the
said Act of the Imperial Parliament OF The
lfth Geo ILL., C. s3, and are sc, in force
in the Province of Lover Canada, by tir-
tue Of the said Act
That by virtue Of the Common and
Statute Law OF England having refer
ence TO criminal offences, and forming part
Of the laws of this province, party eharg-
ed with High Treason is entitled 10 be
tried by jury of his country, impannelled
before the ordinary tribunals, to the excu-
sion Of every other mode Of trial; TO be
furnished, at least ten days before the day
Of trial, with list OF the Jury, to give him
I the benefit Of the challenge; with list of
witnesses for the prosecution, TO enable
him TO detect conspiracy and 10 prevent
perjury; in like manner, To have at least
ten days previous TO such trial, to procure
the assistance OF counsel.
That by the Act of the Imperial Parlia-
ment of the lst Victoria, cap. 9, under the
supposed authority Of which an Act, Gas il
is said, } hath been passed by the Admins.
traitor of the Government, by and with The
consent Of pretended Special Council,
! authorizing the trial by Courts Martial Of
all persons, who, since the first day Of the
month Of November now last past, bad
been or then were engaged in the rebellion
therein referred to, it is expressly provided:
"that il shall not be lawful tor the Gov
ernor and Council, TO repeal, suspend or
ater/any provision Of any Act of the I'M
peria Parliament OF CT. Britain, or Of the
Parliament of the United Kingdom, or of
any Act Of the Legislature Of Lower Cam
ada, as then constituted, repeating or al
terng any such Act Of the Imperial ParIi-
ament."
That il was not, and is not competent TO
any local Legislature, created by the said
Act OF the Imperial Parliament OF the LIST
Victoria, C. 8, 10 sanction any departure
from the practice OF administering the
Criminal Law OF England as introduced
into this province by The said Act Of the
imperial Parliament of the 9TH Geo. Ill.
cap. SO, or to abrogate any part oil the
Common or Statute Law OF England, hav-
ing reference 10 the offences OF High Trea-
son, existing and in force al the time OF
the passing of the last mentioned Act.
That tie pretended Ordinance of the
Administrator of the Government and
Special Council Of the Cd Victoria, c. 3, 10
null and Illegal; not only for TIE reasons
aforesaid, but also because the Council
firstly constituted under the Act OF the
Imperial Parliament of the LIST Victoria,
cap. 8, was lawfully dissolved by letters pa
tent of His Excelency the Earl Of Dur
ham, the then Governor General Of the
province, on or about The first day of June
last; and that the said Ordinance OF the Cd
Victoria, cap. ?, was enacted with the
sanction and advice Of the persons COM
posing the Special Council, SO dissolved as
aforesaid, without the said Special Conn
Gil having been reconstructed; and also,
inasmuch as there was no Legislature in
session in the province, on the day when
the said pretended Ordinance purporls 10
have been passed; the said pretended Or
dnance of the Cd Victoria, cap. 8, purport-
ing 10 have been enacted on the eighth day
of November last past, whereas the pre-
tended Specis! Cour&i, by and with
whose sanction the said pretended Ordin-
ance was enacted, was convened by pro-
clamaion to meet only on the ninth day OF
the said month Of November now last past.
That, surprising the said pretended or
dnance Of the 1st Vic. cap. s, bad been
legally enacted, (Which the prisoners, on
the grounds above set forth, distinctly
deny;) yet, inasmuch as the said pretended
ordinance merely assumes the power OF
authorizing the administrator Of the pro-
vince, from and after the said 9Th day OF
November last, 10 arrest and detain in
custody all such persons as heretofore had
been, or then were, engaged in the rebel
lion therein mentioned, and cause such
persons so arrested and detained in custody
to be brought 10 trial, 10 a summary man
ner, by courts martial; and as they, the
prisoners, were not arrested after, nor on
the said Slh day of November last, but
had, IN fact, been arrested several days
previous to the sth dsv 81 November last,
The said pretended ordinance could not in
apy wise BE- construed in such manner as
To render them amenable 10 a cosu mar
iial. or To any other CONT established IN
III