North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-27

mcnts and other means Of defence. 4 few
hours only (ffom "Wednesday the 9Th inst.
at four in the afternoon, Until the following
morning at eIcven), . space Of time insult
tcient 10 enable even one ai their number
10 prepare a suitable deleace, was allowed
them 10 ansyse The immense volume Of
evidence. observation-disclosures Cor and
agaisst them. and To pIfarc such de-
fence Us the impoTianefwt lhe matter
would have seemed "a .seRNBu.
adly. In eases Of high treason, when
taken cogni2auce Of by The court martial,
the accused must be furnished, ten days
before trial with a copy Of the charges, a
list Of the witnesses to be produced, and OF
the officers who are TO sit in judgment up
on them; whereas, in this case, the prison
ers were not notified Of their approaching
trial, until Saturday, the twenty-tllh day
OF November last, at late hour. IN the
evening, when copy OF the charges alone
was furnished them.
That list of the witnesses and Of the
members of the court should be so furnish
ed in all cases, is laid down as an axiom
by Tyler; and although other writers on
the constitution and practice Of courts mar
ta, deny the correctness CT the doctrine in
its fullest extension, yet are they all unah-
imous in declaring that, in cases OF high
treason, these advantages must be extend
cd To the accused. In fact, the Statute
passed by the Imperial Parliament, in the
81 and 4th years Of the reign Of Queen
Anne, chap. 10, expSessl y provides, that
persons tried by court martial shall have
the benefit OF the Act for regulating trials
in cases Of treason and misprison Of treason;
the Statute therein alluded TO, being the
7th Anne, chap. 81, which provides, that
all persons indicted for high treason, or
misprisoa OF treason, shall have, not only
a copy of the indictment, bot list Of all
the witnesses to be produced, and OF the
Jurors impanelled, with their professions
and places Of abode, delivered to them ten
days before the trial, and in the presence
of two witnesses, the better to prepare
! them TO make their challenges and de-
fence.
Not only were the prisoners kept in to-
| ial ignorance Of their approaching trlal,
until three days previous TO their arralgn-
ment: but no list of the witnesses TO be
prod uced; no intimation Of the names or
qualifications Of those who were called to
decide upon their fate, was ever commuhl-
Gated to them.
These restrictions were, in their case,
peculiarly oppressive, lnasmuch as beng
all, with one single exception, inhabitants
of the parish OF Chateauguay, situate on
| the southern shore oil the Saint Lawrence
and the day following that on the evening
of which they were notified for inal, being
the Sabbath day, they could scarcely com
municate with any OF their relatives, be-
fore the awful hour Of arraignment had ar
rived. II, struggling against such dsad
vantages, they succeeded in convctIng the
principal witness produced against them
Of the most gaTing perjary, and in I'M
peaching the testimony OF another, nigh
they not, we humby ask, Chad the prlvlI
eyes which, by law, they were entitled to
been extended to them,) have lount
means 10 impeach all the witnesses Of th'
E Crown, with equal success, and set
nought the whole of the evidence adducet
! against them2 We ask if it was not pos
ble?-From inlormatan obtained sine
the trial. we deem i, more than probable
I that such would have been the result
/, The mere possibility Of success, had lis
of witnesses been furnished, renders tn
Withholding Of such list, we do not So.
Fl illegal, Oor ii is so in all cases,) but, i
r this instance, highly unjust.
The prisoners have a complaint equal
f erievous to make, on the ground OF no lis
| of the Members Of the court having bee
furnished to them, inasmuch as they hav
: been thereby stripped Of privilege whic
is never denied TO the meanest soldier
the ranks, how trivial soever may he ii
. Offence he is arraigned Tor: we mean 4!
g right of challenging the individuals VIII
may be called upon 10 Judge him.
Sdiv. During the course OF the trla
\ several members Of the Court absente
: themselves, on various occasions, durin
r the examination of witnesses, and on II
: turning. resumed their seats. These fac
q are established BY the aihdavits herewith
6 produced, and respectively marked: A,
4 c, ID. The circumstances of the membe
e alluded to having so absented themselve
q although each Withdrew but for a sho
period of time. is, of itself, sufficient 10 al
5 mol the whole proceedings; and, in suppo
e of this position, we respectfully beg
J. quote the following passage from sin
4 mons constitution and practice OF conr
y martial, psge IFS, Ed. 1885," As it
!. essentially necessary that the examinaic
?. Of witnesses should take place in the pr
y sence Of alt the members OF the court; ct
:, as in fact no act performed hy part