The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-25
ha very singular ONE, and. If it Aas not alrsAsy

u very singular one, and, II 1t has not alreAdy
appeared in the HERALD, IL worth half column.
They we're seamsn on board the British vessel
Alberta, on voyage from Liverpool to Mobile,
thence to Quebec and thence to port of discharge
in Great Britain. On the 18th April, 1850, the Al
berta being 1t anchor in the bay of Mobile, Cult Of
Mexico, at the distance of twenty five miles from
the city Of Mobile, in ave fathoms water, and
within the ebb and few Of the tide, the man
Urgent inflicted . wound, with IN axe, on
the head of his messmate Gstland, with in
tent, &c, the prisoner, Murray, being present,
aiding and abetting The vessel arrived 81
Mobile, Getland sent to the hospital, and died
fhis wound, in the hospital. on 18th of May. On
Murray we're committed to stand their trial before
the Criminal Court Of Lover Canada, for the sbov
offence. The crown officer, deeming the certificate
of the British Consul ct Mobile insufficient proof Of
the death OF Getland and doubling whether, even
cured, court of justice in Canada could exercise
jurisdiction, the murder having been completed (by
the death) within the territory of fsregu STATE,
% Ss sSs
Justice intimated his opinion that the prisoners
could BOT be tried for the felony Of "outting aid
woundipg," etc that offence having merged 10 the
graver crime of murder, of the com initial of which
his honor held the Consuls certificate to be prima
t0cla evidence The crown counsel adhered to their
view of the case and refused to ndict the prisoners
for murder; whereupon Urgent and Murray were
remanded to prison. This was on the 18th Novem-
Der, 1850, just year ago The last twelve months
have been spent in fruitless endeavors to bring
about such a coincidence Of opinion between the
court ard the crown counsel, as wsuld enable the
prsorers to be put upon their trial. Unfortunate
~ both the high contendng parties refused to abats
ore ot of their pretensions, and, the only mode
of getting rid Of the difficulty it was resolved to
send the prisoners to England to sec If the courts
there could axe hing of their case, which ex-
psdient, as stated above, has been carried into
execution.
The authorities seem conclusive on the want of
jurisdiction in the English as well as the Canadian
courts, to try felony partly committed on sea, on
British vessel, and partly on land, In q foreiga
State. Chancellor Kent q Comm, 1857 is dis.
tinctly of opinion that the jurisdiction of the Anne
rican courts can only attach 70 such crimes COM
mitted on sea ne either am cunt to piracy, or have
been committed by American citizens, or upon an
American vessel; and the decisions of your courts
have borne out this doctrine. II, therefore, tho
ruling Of the Chief Justice, Sir ames Stuart that
the felony of "cutting and wounding, Sc, ;" having
merged IN the graver crime Of murder, the prison
els could not be put upon their trial for the former
men cannot be tried at all, in any country, and
must be get at liberty in the teeth Of the most COM
plete and unequivocal evidence of the murder
There is nut for your jurists to crack.
In my last informed you of DR.. Rolphs resigna-
ton, as rumor which was generally accredited
Since then, the official organs have stoutIy denied
n. and asserted that DR. X. would stand or fall
with his colleagues The truth is rather hard to
discover among these conflicting statements. You
will, however, bear in mind that DR.. Rolph only
accepted Office on the express condition that Nal
colin Cameron was also to occupy a seat in the ca
binet; that in order to secure his services Mr.
Hicks reluctantly consented to offer the Presidency
Of the Council to his bitter foe Cameron that the
latter, on various grounds among which his former
denunciation of the uselessness Of the Office was,
doubtless, paramount, haf refused to be sworn in
and must 90 into opposition; that the com promise
which public iumor supposes to have taken place
between DIR. Rolph and Mr. Hincks, is very da-
naging to the public character Of the former; and
finally, that Dr. Rolph's practice, an accouohesr
Tin which profession be without . rival in Upper
Cansds,) and his duties at his hospital call loudly
fer his return to Toronto. These will, perhaps,
seem to you sufficient reasons for his reluctance to
continue in Office; and if they do not outweigh the
formal denials of the ministerial press, WILL at all
events, prepare you for an authentic announcement
OF Dr. Rolphs resignation at very distant period
The newspapers TEEN with addresse, to the elec-
tors-generelly in Lover Canada, cast in the same
mould Some few vary the monotony Of the com
mon place prefer Of services and protestations of
zeal and dsinteredness, by spice Of righteous in
dgnation At the republican spirit Of the ole grits
and expaiiate with holy horror on the wicksdness
Of thsse who would introduce democratic reform ms
Inconsistent with our existing Institutions"
Others strive 10 sull their constituencies and to
catch the eye OF the premier with grave an
nounoement that they viii support the ministry
when they are right, and oppose them when they
are wrong But az general rule these stereo-
typed addresFes are Eat, stale, and Improbable.
The announcement that Antoine Duchesnay,
member for Portneuf, is obliged by i'll health to
resign bis seat, has created rush towards that
interesting county. Messrs. Angus and Tester, |
who were actively engaged In canvassing Quebec, !
when the news reached them, incontinently took /
horse ard dorsed their addresses to the electors
Of Portneuf Mr.. Charles Panet followed suit;
thus reducing our Quebec candidates to four
Methot, Mcguire. Stuart. and Dubord. The drst
Of his elections the last has very little chance
the struggle will be between Msssrs. Stuart and
Mcguire. At kamouraska MIR lie Teller, the
sitting member Thorough republican, is to be OPP
posed by Mr. Chapais, an humble servant Of the
ministry Mr.. Donien, Of the dpeur, also q
ssaunch republican, has been invited to stand for
enc OF the counties in the district OF Montreal.
Montreal city seems in the hards Of Messrs Holmes
and Young. Oftbe other consti tuencies of Lower
Canada Little can be said, except that they are
being actively canvassed by Messrs. SO and 10 and
30 and 20, piece OF Information which the readers
Of the HERALD would not thank me for imparting.
recommend TO your .otice the address or Voters
Manual; recently pubhshed by the famous William 1
Lyon Meherzie. IL occupies twenty-eight closely 1
trinted columns Of large Iewspaper, the Erapi-
w, al contains, as usual, much valuable infor.
nation, aid many original views on all sorts OF
uhjects ard topics fear, however, that the NEST
tout hearted ers Of Haldimand will recoil before
J dose Of twenty-eight columns.
The ballad singer, Miss Matthews, acco npanied
y little girl, 10 years old, who IL styled in tho
ills the young "J,nny Lind" Is giving concerts
Iere with some success The infant pbenOme-
on" is much admired.
Mr.. Serrell, e. + arrived here a few days
s6. AID bas been occupied in examining the
6ores Of the Saint Lawrence, with a view TO the
obstruction Of d suspension bridge, some Zine
tiles above Quebec - Serell Is the engineer
whom Niagara owes her sp.sndid suspension
ridge similar bridge over the saint la -rence,
Cap Rouge, would eclipse the Niagara one in
very respect, and might, possibly, 20, have an
lual on this continent.
We have had several heavy fails Of snow lately,
ID wheel carriages have altogether disappeared
ON the streets, 70 make place for the jsunty
eigh, With its merry bells The farmers are 10
Dod spirits The week which preceded the falls
snow, was a frosty one, and had alarmed them
r the safety of their fall seed. The wheat crop
generally good. SrADAcENA
Our Louisiana Correspondence.