Polynesian., 1844-11-23

cases of Americans :"
TO the former it can be replied, there was
no plea of any kind made. To the latter, it
was a trial sought by the government.
GAS an offset to Mr.. Browns ignorance,
we will only refer to DIR. Judd's statements
that rape is punished with death in England,
that neither in England or the United States,
is this Difference Uhe allowing a jury of
half %foreigners) paid by law to the subjects
81; and that the Governors Of the Islands
have the same judicial power which is vested
in the Supreme courts of the respective
rotary be good enough to state to whom,
can one appeal from the decisions Of the Str
preme Judges of Massachusetts |? From the
Governor, here, there is an appeal
The preceding are indeed an offset, to
quote the Friend, "to Mr.. Browns igno-
rance" Statute l8, Ella, c.. 7, prescribes
that punishment in England, and never hav-
ing been repealed, is still in force. 1t enacts
also, "that it is not a sufficient excuse in the
ravisher, to prove that she is a common
strumpet: for she is still under the protection
of the law and may not be be forced. Nor
is the offence of Rape mitigated by showing
that the woman at last yielded to the violence,
if such her consent were forced, by fear of
death or duress; nor is it any excuse, that
she consented after the fact" l, Hamks, lO3.
fla jury of halfforeigners is allowed in the
United States, why does not Mr.. Brown
show it? An appeal from the Supreme
Court Of Massachusetts, or from the Supreme
Court of any state in the Union, is to the
Supreme Court ofthe United States of Amer
lea, by Act of Congress, Gath. September,
1889, 5 e5.
We arc requested to look into the diction-
airy for information as to the meaning of the
word ''empannelled." Fort the further infor-
nation of the "Friend" we have done so, and
find ''impanneled" to be defined "formed as
ury."-Webster, p. 432. Consequently i'm
panneling is registering their names as they
are s'corn or 'Jormed." And further, lest it
should again blunder, we will inform it, that
by the laws of England and the several states
of the American Union, no jury is impannel-
ed to try a cause until the challenges have
been made. When twelve have been called
up from the array, to whom neither party
has or can have any valid objection, they
are said to be impanneled. "As the Jurors
appear when called, they shall be sworn, un-
less challenged by either party ."-Lord GiE
ford. The Friend c%onluses the words sthe
panel ofthe jurors" or the twelve summon
ed to try the cause, with the word "impan-
neling, which we have shown to be the act
of preparing them by challenge and by oath
for trying the specific cause in hand.
We inquire of ''The Friend" how "noto-
rlous" wrong is done when the law afforded
the desired justice ? Here as in the U s,
a court of appeal is provided to correct mis-
takes and review decisions. If the parties
think hat error has occurred below, thew
must appeal, or the error is not an error in
law.
Other questions are raised in regard to
the English translation of the laws =
evil the editor deny that this translation
has been printed and sold by order of the
government Will he deny that it was ia
ken to the United States, France and Great
Britain by the Diplomatic agents Of His TT
Majesty, and laid before them as the ~transla-
ton of the laws of this realm ?
10 these we reply, that we are ignorant.
But this we do know, that while conductinp
the old "Polynesian" four years since, we