New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-02-04
Cana da = A npe ton Proscriprioa therefor
It's Legality, Effects, &c.

sprung OCT q The Annexation dlscussNns-c1r
journals vii have informed you that each oascial
gazette for some weeks past has contained the
names OF militia oihcers whom Lord Elcin has ex
PEELED irum the service Now In this Province
there Is statutory enactment covering every
case Of breach Of discipline on the part of miiti,
men, and nilinsoficers. Like al our sts,ute.
which trench in snywiss uPon tho provocative of
the Crown. 1t was. when enacted, transmitted bv
the then GoyerDor, to the Imperial authorize, 10
receive the assent or dissent Of the Crown. The
law regulating the militia os Lower Canada, re-
ceved in the ordinary form the sanction OF the
Crown-its language is uuambiguoas. concise ard
emphatic. 1t prescribes the forms to be pursued
70 maintain the discipline OF the militia service
and Il reiterstes in various consecutive sections,
that any militia officer or militia man. 50 offending
by violating the regulations OF the service sAdil
Il tried bg Court Martial II the statutory en-
sctmen. had said that the Governor Nag order a
Court Martial tor the Trial Of the accused there
would have been some color OF reason TO sustain
the prcrosat,vc assumed BY the Governor IN dis
MISSING many officers without any form of trial
but the language Of the act is Enthusiastically clear.
Ii says that the Governor snail order Cont
Martial 70 assemble 70 ~ the accused. IL is con.
tended by some Of our writers that the Royal pre-
rosative is unlimited Their doctrine is unsound
and if acted upon woGld render Constitutional
rights value.ess
The ROYAL prerpgatiyc is unlimited. except in
so far as the crown. by sanctioning a statute. has
defined the limits Now the Militis Law is a case
in Tont In the colony OF Lower c snada the Crown
has sanctioned an enactment regulating the militia,
which depuyes the Crown OF the power or legalrght
70 dismiss militia officer or militia man until
he shall hare been Rrst tired bg u court mdrtldI.-
IA 4 IN ha NJ tha tat
ute-the language admits OF no mistake and 4
there were any pecuniary interests involved in the
loss of militia commission doubtless some OF the
dis missed militia officers would cad Lord Egin 10
a personal account before Westminster Hall
Another difficulty will grow out of Lord Elgins
foolish and vlndictiye course. The law IN this
colony OF Lower Canada-or the Cansdas, though
united Tor political purposes separate in 80 IA
as the laws are Observation-Disclosures that every
male who has been a resident for prescribed pc
ROD. and who is under sixty and above fifteen
shall serve rs a militia man, exceptions are made
In favor of professional men. but all others are
| liable to serve, and those who refuse To serve are
! subject TO fine. In some sections OF this Pro
! vince. especially between the 81. Lawrence and
Vermont, society has become 50 lmpregnated with
Anne xation doctrines. that the militia. under the
rule OF prescription now pursued must be etfectu-
ally disorganiZsd- officer IN one county hav
| ing rendered himself liable TO dismissal IL be
comes a nice question bow 10 dispose OF them
Are they expelled the service by the simple act
OF sazettng them as deprived OF their commits
sions Ii so, how is the statute a. be avoided
which says they must serve |, IL principle IN
la that an instrument or enactment can only be
destroyed BY another instrument or enactment OF
similar force. The permanent law regulating the
militia. rendering It compulsory every man 10
serve cannot be voded by the official gazette, and
the dismissed officers are as liable ~ be legally
called upon to serve as any other individual
when so summoned. they may raise the question
OF the legality OF their dismissal by claiming their
rank. Persecution Is at all times unpopular II
degenerates into imbecilIty when the minority pre-
tend to prosecute the majority. and right minded
men become so Disguised with the vindctivism OF
the proceeding that they add To the public odiun
| by throwing up their commissions.
The Quebec Election has been triumph over
the Anne X tonists-and they well deserved the
defeat. When you wish TO win a race you run
your best horse when you wish 10 gain an eloc
ton. put up sn unobjectionable man. Mr.. Legare
was implicated in the events Of ls37-it was there
fore like digging up the warhstchs, 10 force him
upon tho hustngs. The Anne xationists OF Quebec
ought to have selected a merchant hip-bullder-
a man Of weslth-ono beyond the imputstIon Of
office seeking. aud one who advocated Annexation
upon the argument Of the pocket Had they done
so, they must have succeeded.
The Association here is apathy personihed they
have done nothing. they are doing nothing, and will
do nothing they lack energy and resolution. They
ought 10 have thrown themselves into the struggle
at Quebec by firs, selecting the best man and then
backing him with money and fluent speskers-
Victory over the MinisterlalIsts at Quebec would
have been quoted within English Commons as a con-
elusive argument aganst Imperial Interference. You
are aware that two Of our Queens Counsel who
signed the Annexation Manifesto wero selected
by the Government subjects for prescription
Tho official gazette pronounced them dismissed
but as they hold their Offices In virtue OF let
tiers patent, the Court continued TO address
them as Queens Counsel Yesterday, the 30
licitor General produced 10 Court, add asked
leave 10 file letters patent, cenceling the pre-
vious letters patent conierr.ng the honorary title
of Queens Counsel Messrs Rose and John
son, the parties in question. opposed the pro
ceeding, inasmuch &c they had received no notice
of q motion The question stands over, 10 be
argued on the merits. The contest VIII probably
end in the Governments Success lnasmuch as the
letters patent Of Queens Counsel are not protected
by any instrument as in the case Of militia officers
or Judges They are limited to the Royal pleas
ure, and as in law one act DO Cancelled by an
other act Of equal force, the new letters patent
strike them ia q vulnerable point, IL u pos
sible that the doctrine Of Implication may be In
voked but though il finds favor with tho Bench
when straining the Law 70 favor the Admlnistra-
ton they can scarcely anticipate suea mobility
where those interests are at stake.
We have two additions 10 our Bench under the
new Jadcature Actr-Mr. MoDdelet and Mr.. Van
feson Their best claim their poverty, which
the q, 900 per snnum salary will relleye-rather
questionable feature for a lawyer, who, from has
selection, might be presumed To have enjoyed
i.ir practice Both these judges are below medi-
ocrity-Mondeiet is little man in every sense OF
the Word--one Of those beings VINO mistake man
ner Tor mind-consequentia presulning and otien.
sive Nature intended him 70 grind an organ and
exhibit q monkey Vanfelson Is past SIXTY I'VE,
and full Of intrnnities unless be has his soap at
midday, and retires 10 rest az z, he - Frustrated
Bacquet the Quebec Judge, Is as Objectionable,
having had an attack OF paralysis. Our pew Judges
have rendered themselves unpopular with the Bar
for with all small minded men, they are vast sticA
lers Tor forms, and only remember their attorney
education Annex stiopists cannot regret the choice
Of the Ministry In truth. the greater the blalsdsrs
Of the Governor, the more Annexation prospers
and the nomination Of our new Judges must mako
inauirsng men reflect whether tie electoral system
which you enjoy would lot be the best for tie com
mGnry
There was a Numerous Getting near st. Johns.
L.C. few days since on the Annexation ticket