North American. [volume] (Swanton, Vt.) 1839-1841, 1840-07-15

nv W As'|s hc LAVE VI 1audua
were again put in force. By the laws OF
Canada, are understood those laws which
existed during the time the French held
the power in that country. Il consisted
Of the Cou,umc &c Paris" the Edicis Of
the Kings OF france, which had been duly
registered at the Superior Council of the
Province, and also the divers Ordinances
oi the Intenlants. But il was hardR pos
sible 10 find atthat poiiod two Judges who
would agree as to what law was in force
IN the province. Lord Dorchester finding
that the civil affairs in Canada, were very
much distracted, ordered an inquest on
the principal branches OF tie Colonial Adj
ministratlon, but more particularly on
education and the administration OF JUS
tice. Chief Justice Smith, who came 10
Canada with Lord Dorchester, was ap-
pointed Commissioner 10 investigate the
administration Of Justice in the Province.
He entered upon the duties Of his Office
soon after his appointment, which took
place on the 18Th May 1887. Whether
Lord Dorchester was sincere or moi in his
professions Of reform is uncertain at any
rate this inquest divulged the most extern
sive corruption in the judicial department.
Some Judges were of opinion that the
4" Coutume de Paris" was not in force in
the colony, and a Mr.. A. Davidson, a
lawyer, says in his affidavit laid before the
Commission Of Investigation
The claims of both these plaintiffs
were founded on the Coutume de Paris,
phtch Ihave heard admitted 10 be law.
md not 10 be la,c, or al least hare found
ii not 10 be follO,red or observed as such,
by all or any Of The Judges Of the
said Court, except Mr.. Judge Souihouse,
whom | have always found consistent in
his declarations, that IL was no latc TO
govern him.
A Mr.. ID. Powell says on the subject
g have heard Judge Southouse declare
On the Bench that he had no occasion for
a knowledge Of the French Laws contain
I'd in the books then on the table in court,
as his conscience Vas the sole lar, ,chich
guided has Judgments" To show how
corrupt and vicious was the administration
Of Justice at that period, we shall cite few
cases as related before the committee OF
inquiry; the readers may Judge for them
selves whether it was safe and prudent to
live under the protection Of government
where men, trusted with high judicial
functions, were deciding the cases brought
before them, at one time according 10
English law, at other times according TO
French law, and not un(reQuently leaving
all laws aside, and rendering judgments
based upon their o,cn notions Of equity.
When an individual was forced into law
suit, neither himself nor his lawyer could
form any correct opinion as to the proba-
Bile issue. 1t depended entirely upon the
Judge who was TO decide-whether he
was English or Canadian; and then, the
suing or sued might invariably
expect an un(avorable termination. if the !
Judge had private pique against him.'-
In a suit wherein a man named Hen
lerson was plaintiff, and a man named
Hart was defendant, Judge Frazer exer-
:ised the most arbitrary power. Although |
The plaintiff declared himself prepared TO
establish his cause of action, and insisted |
hat the suit should GO on, that his wit
ness should be heard, &C., Judge Fra
ger read letter in court, written by one
,f his friends, (who, although not named,
lad nevertheless, some inieres. in the suit
explaining and denying the facts set forth
n the declaration OF the plaintiff, and
boldly declared on the bench that he "at-
ached more faith to the letter he then
leld in his hand, than 10 any testimony
hat the plaintiff might produce" As
night be expected after such declaration,
be witnesses were rejected, and the suit
dismissed, with costs to the plaintiff.
In another instance Colonel Campbell
vas sued for the payment of note of
eIo0o which be had drawn. The same
Judge declared on his seat that he had