|

* y

, ~ » " * } En

he Gxraminer. .

in possession of information which rende

' a . * rm . ; i LATER FROM EUROPE. © | The steamshi» City of London, fron Liver

poo! 20th of D

to New Yerk, put into Halifax on the 6th in-

, and Queenstown 21st, bound}

stant, short of coa's. She experienced very

baistereus weather on the passage. DOMESTIC NEWS:

The Pall Mail umoners of Trinity, Lord A. , Hon. Mr. Strutt, and Mr. Coore, have » captured in Greeee, Lord A. Harv ey ‘and Mr. Strutt have ‘been sect at liberty, Mr. Coore being retained in captivity as security for the ransom, which is £1,000 each.

The Zimes announces that the good offices et Basiand and Fraace have been accepted by the Spanish Government, and unless Chili should prove more implacable than Spain her- seif, the “least jostifiable of modern wars may yet be terminated by friendly mediation. It would be a suicidal act if Chili were to reject an offer of conciliation which Spain has had the xood sense to accept. Our present infurmation justifies us in hoping that the patience of ‘neutral powers will not be taxed beyond en- darance.

At au annaal ineetins of the Farmers’ Club, he'd at Wirral on the 19th December, seme conversation tock place with reference to the best means of preventing the ravages of the cattle plague in the Wirral district, and several farmers urged the propriety of prohibiting the moyements of cattie along the public highways, so that the dan rer of infection might be re- duced: Ut was sed by Mr. C. Bushell that the disease had already made its appearance in that distiict.

Ata meeting of the Corporation of the city ef Dublin, held on tue L&th Dec., a discussion teek place in reference to the letter recently received by the Board of Superintendence of

; ow ¢

ast be

Richmond Bridewell, from Sir Thomas Larcom, |

announcing the |ismissal of Mr. Marquess, the (tovernor, and the intention of his Excellency for the future to deprive the Board of Superin-

Grazelte says three Enzlish-!

; oa ae oo eh ali re > : there is no desire to have any sort of Treaty at| New Brunswick, remain as entire strangers to any price, i be | a

Actual reciprocity of trade will be | welcomed ; but the pear is. not so ripe as Mr. | Seward anticipated it would be by this time ; it is not ready to fall into the lap of the Union if there is no treaty, and theré is no iikelihood that the Provinces will consent to any treaty |which does not involve equal concessions on both sides. The prevailing opinion; therefore, is that the Treaty is not likely to be renewed. This being the case, it is surely not too soon for both Governments and people to bestir themselves in arranging for the alternative that is before them. Many people seem inclined to wait listless!y till the time eomes, trusting to Providence and the British Ambassador to javert, in some. mysterious way, the change they see impending and which they even regard | as, ‘4 some respects, not undesirable. The small knot of disheartened fatalists, whose views have been so favorably represented by the correspondent of the London Times, whose idea is that Canada should forthwith surrender jat discretion, take its share of the American | debt, and limit its ambition to the enlargement

of its canals, are too few in number to deserve jnotice. Nevertheless the spirit of inaction among the people of the Provinces is painfully apparent, and until the other day, when it was announced that the Canadian Government had appointed Commissioners to visit the West India Islands and other tropical countries with a view. to the establishment of direct trade with those regions, it really appeared as if no al- ternative was to be thought of or proposed until after the fute of the Reciprocity Treaty was actually decided. A meeting of delegates from several of the Provinces was held at Quebec in the month of September, with refer- ence to questions connected with the Treaty, aud it is doubtless in accordance with resolu- | tions then adopted in contempl..tion of its non- renewal that the Canadian Government has | new taken action. The President of the Coun-

LEE LCE eT

ja AE is a

each other, and theiraffairs, as if the ene be- longed to France and the other to Britain. The strongest facts could be cited to prove that the developement ofa natural trade between Cana- da and the Lower Ports of the Gulf, in commo- dities that are not affected by the rival tariffs, is owing to want ofaccommodation ; aud where there are so many impediments to trade in du- tiable articles, it is not to be expected that pri- vate enterprise should be attracted. When the line of railway is completed from Halifax to Pictou, which it will be néxt summer, the freizht of flour from Montreal will be less by this route than by way of Portland. But it is juite conceivable, if the existiug restrictions in the way of all other sorts of trade continue, that the present course of transit may not be affected. There has not yet been any change worth speaking of im the case of St. John, al- though that town has now been connected with Shédiac, a Gulf port, for several years by a railway of 103 miles. But with opposing tariffs there can be no return cargo for sailing vessels,

one port is not worth mentioning. If the city of St. John had the Canadian population at its back for the consumption of whatever it could import or manufacture, it would me a fleet to carry its goods to Canada, and bring back cargoes of flour, over and above the aecommoda- tion afforded for rapid communication by an in- tercolonial railroad, the indispensable accom- paniment of a colonial union. 6 Ree es!

TestimontaL To an Eprron.—A short time since a number of gentlemen, under the presi- dency of Mr. Duncan McLaren, M.P., met at MecGregor’s Hotel, Edinburgh, for the purpose of presenting Mr. James Roble, editor of the Caledonia Mercury, with a cheque for £700, and a silver tea service to his wife—being the ofering of about five hundsed geutlemen, in testimony of the satisfactory manner in which

‘gow of the Sherig

and all the flour the Lady Head could carry to |

cil has recently visited the Lower Provinces to | confer with the New Brunswick, Nova Scotian, land Prince Edward Island Governments on the

| subject. But all those proceedings appear, at

tendance of the right to appoint prison officials. | @°y Tate, to have too much of a volunteer A resolution was passed to the effect that the | Character to carry with them the weight to be-

the paper has been conducted while under his management.

~The] ~Gxaniner.

Board considered the rebuke unmerited and of: fensive, and that they challenze a searching inquiry by impertial and independent parties inty all the circumstances connected with the

escape of James Stephens.

EXPLOSION O} PHARAOH'S SERPENTS —3 MEN KILLED.

On the 19th wit. an explosion occurred in a!

house in Mitre square, Aldzate, London.— Some persons were engaged in manufacturing Pharavh's serpents, when from some unexplain- ed cause the composition exploded, killing two men on the spot, named Lavy and Crome. third man, whose name is at present unknown, leaped from an upper storey, falling headlong on the pavement and was killed.

THE FENIAN TRIALS.

The Cork Herald, of the 21st ult. says that the Crown is reaping’ fresh triumphs over the Penians. On the 20th m Dublin, the two Bal- lincolling prisoners, Duggan and Donovan, were convicted and sentenced to ten and five years’ penal servitude respectively. CC. Under- wood O’Conuell was then put on his trial. It is likely that as soon as he is disposed of, the Commission will adjourn for the Christmas holidays, resumin,y its sittings om the 27th inst.

Loxvoxs, 21st Dec.—£22,000 in gold was taken from the Bank yesterday. After official hour’, Consuls 87$ to 8 Alliance Banks good.

Mertufr Trpvit, Wedoesday.—An explo- sion oceurted at Upper Getlim coal pit, this niornins, by which 20 menu were killed aud three injured.

75 ‘g-

INDIA.

From Alexandria we have a telerram of Tudian news, from which we learn that by the treaty of peace the Bhootanese are to receive a handsome subsidy, the increase of which is contingent on their own good behaviour. A conspiracy has beoa discovered in Cabul. The cause of the inefficiency of the Indian telegraph s7stem has been traced to bad mana rement, whiel we are promised shall be remedied. The English Government propose to publish trade

A}

i long to the policy of a government. | fons )

Charlottetown, January 22, 1866.

| It is scarcely possible to conceive any case | which could illustrate in a more striking man- ner the disadvantages of the present system of government in the Provinces. - What is, above all things, wanted is united action both by the | Government and the people. There are now | five separate governments and six different communities, and the management of nezoti-| ations is confided to a sixth Government, for | in matters of trade Britain is not specially|siou than has fallen to the lot of any 1 identified with the American Colonies, and, as | ;,, panel, the negotiations with France with reference to} .~ the Newfoundland fisheries proved, the Imn-) : , . pevial Government is apt to regard the wishes | out of alleged resistance to the law, and con- of foreigu Powers more than the interests of | spiracy, on the part of those tenants on ceitain its own dependencies. But it is not with re- | } gard to the pending negotiations that we are | ; ‘now so much concerned. There may be no | entered into particular reason to fear lest Colonial interests ‘farms. The facts on which some Presentments should be saerificed, for we know they are re-| were made, and Bills found, did not go to prove presented at Washington by Colonial agents} ere Bes eels Ail Rea oD Bled les co-op ratins with the British Ambassador. | ' nat pcre vioience had been committed, > But this is ouly an informal manner, and the} cept int | American Government have had no reason to! an unlawful assembling of people, who inform- | suppose that the Provinces have any detinite | | commercial pelicy to fall back upon whereby | | to compensate themselves for the loss of their| : | present market. The Government of a coun-|/to proceed with his business, as they were | ey with a population of four millions, .con-| anxious to purchase the freehold of their hold- taining within itself the varied resources of]. agriculture, minera's, shippinz, and fisheries, | ings. . : , | directed by a united, independent, and self-in- lence to tenants on Col. Cumbe.land’s and Mr. The Counsel for the former

TENANT TROUBLES. CASES IN THE SUPREME COURT.

Tue Grand Jury, which were only discharged

on Saturday, have had, we believe, a lonzer Ses- weced- This protracted sitting was occa-

sioned by the several eases which had arisen

estates in Queen’s County, who had unwisely

a pledge to pay no rent for their

he case of Dickieson and Doucette, but

ed the Deputy Sheiiff, at the time he sought to

levy for rent, that they would not permit him

This was particularly the case in refer-

terested policy, can go into the markets of the Sullivan's estates. , world and make arrangements with other com- | ik ' munities to compensate its subjects for loss of | . | trade through the discontinuance of prezent | }treaties. But what could each of the British | Cumberland’s Agent, Charles Wright, Esqr. | Provinces do separately in this way? Could! |any one of them by itself propose a treaty of| reciprocity with any other community, or} |} would the British Government, with its Known | indifference to arrangements of this sort, yive }encourazemeut to such schemes proposed by | individual Colonies like Newfoundland or New | Brunswick, each in its own interest? But a British American Government would oceuny a | | very different position, and would be cheertully | | allowed to exercise a large amount of independ. |

and very ably sustained, ubjection to the Grand Jury panel, on the ground that Col.

instigated the proceedin

It was argued ‘that he had

gs against

who the tenants. a direct interest in prosecuting the prisoners— that he was biasscd azainst them; and that, therefore, he was disqualified from sitting on the Grand Jury. We did not hear the argu-

ments on the Crown side, but they are very

and navigation returns in the same way as at ae "ita : : home. A native coasting) boat had been run |“ eae im matters of trade, so long as it did inuito and sunk by an Eaglish steamer, and | °°* rade ae Se ee to compro- fifteen! persons @-owned. | mis’ t 1¢ principles or endanger the peace of the , ee ‘4 empire. Leaving out of account the poOSssi-

NEW ZEALAND. | bility of arrangements abroad for opening up|

A ministerial crisis has occurred in New new channels of trade, the first business of a} Zealand. For some time before the departure | united Government, in the event we have been | of the mail te Weid ministry, always stronzly | supposing, would be to extend the home mar- suppertes on a question of confidence, met| kets. The first step in this directiow would, of with Various minor defeats throuzh sections of | course, be the abi lition of the five hostile tariffs their supporters courting popularity in view of; aud diferent currencies which separate the Pro- an approaching «ection. These defeats be-| vinces from each other as much as if they were came at length so aqnoying and embarrassing | foreizn countries. The effect of this at present that they resigned on the 12th October last.) is that the smaller Provinces have no home- Me. Stafford, wha was Premier in Governor| market, unless the fact that Prince Edward Brown's time, was sent for, and when the mail| Island helps to consume its own oats, New- left (October 15) was enzazed in forming a} foundland its codfish, Nova Scotia its coal, and ministry. The only appointments he had then| New Brunswick its lumber, may be said to made, however, were Mr. John Williamson, | prove the contrary. No community, with a late Superintendant of Auckland, to take charge | population of less than three hundred thousand, of native afairs; and Mr. Russell, the Defenc+| and separated from all its neighbours by tariffs Minister in the Whitaker-Fox administration, | and other impediments, can help being a “ one-

to fill the same office under Mr. Stafford. It was supposed that Mr. Stafford would endeavor to retain 4s many imperial troups inthe Colony as he could. The supporters of the late minis- try, however, had taken the alarm at their own supineness, and wou!d probably muster to re- place them- ee ( From the Scottish American Journal.)

THE RECIPROCITY TBEATY AND PRO- VINCIAL TRADE.

Within a limited period the Treaty of Reci- procity, under which the trade and avriculture of tse British Provinces have attained their

regent position, will have come to an end. Vhether another treaty will at once be substi- tuted for it, is not yet known—most probably not. Jt is fully expected that American states- men will venture experimentally, for a time at least, in the pelicy contemplated by Mr. Seward ten years azo, and cherished very gene- rally still, of attempting to force the Provinces to enter the Union through the stern teaching of ns cessity, which it is assumed they must ex- perience a3 a matter of course on the abrogation of the Treaty. It is not expected, therefore, that the Washinzton Government will consent to any arrangement tliat would be at all reci- procal in its benefits; not likely they are even willing to renew the t-eaty that is about to lapse, which has been by no means even-handed. I, addition to free trade in ceriain commod'ties, it has involved most important concessions on the part of the Provinees for which they have had no equivaleut ia kind. They have given the use of their canals, thourh denied a corres- ponding privile re froin the other side. In ex- ehange for fishing privile ses, which furnish em- ployment to fleets of New England schooners, enjoyias @ bounty from their Government, the eoueession was made of fishing rights on the Americar evast not si flicient to tempt a single fisherman from the British Provinces. The injustice in the matter of the coasting trade aad shipping registry need not be specified, seeing that American statesmen have always refused to concede to the people of the Pro- vinees what ia freely ranted to themselves on all shores of the British Empire. Then, as re- garda the tarif generally, every manutactured article ig taxed at a much higher rate than it was ten years ago, lhe people of the Pro- vinces have no strict ri ght to complain of this, and even the American example with reference to the Canadian tari? of 20 per cent, should not provoke them, merely for the sake of re- crimination, 4o complain of the 35 per cent. whieh the States sow \mpose on all the leading Staples. But if there was any reason to ex- pect that the people of the Provinces, in retarn for the free market extended to them for their raw products, should purchase whatever manu- factured articles they require, chiefly from the States, the former had a right to complain if the prices in the latter .re s0 enormously raised by means of a protective tariff as to tax the econspmer abroad as well as at home, for the benefit of the American manufacturer. The great rise in the price of all kinds of goods manufactured in the Sites, aTords, therefore, an additional reason why the British Provinces should draw their sunplies from other markets, and, at all events, diseontinue any special en- garements by which nearly their whole trade is directed into a channel which, as a souree of supply, has become so costly, and is in many ocber respects disadvan; ageons, more especially as icpdingz to interfere with the development of direct ¢ with other parts of the world.

On nagher side, ther: fore, are the cousider- ations in favor of a renewal of the Treaty likely 49 be decisive, Cyitain'y, on the British side,

establish a trade, and even the settlers on the

horse’? concern. It cannot manufacture a pound of sugar or a yard of cotton, or a reap- ing machine, at the same cost as the manufac- turer who commands a larger market. For these and a hundied other things it must go elsewhere ; and if its purchases are made in a market where there is a protective duty of 35 per cent., it has to pay that additional per cent age, not to the revenue of the country, but to the manufacturer, for it is the latter 6nly who benetits by protection, the revenue suffering just in proportion as he gains, and all the non- manufacturing part of the community suffering also. Thus each of the Maritime Provinces, besides paying its own duties, has to pay to the manufacturer an additional price that is equal to the duty imposed by his own Government jalso. Ifthe Blue Nose goes to Canada, he has in like manner to pay an equivalent to the Ca- nadian duty and his own local duty when he imports the article, whereas the Colonies united under one Government, he would, of course, only be charged one duty.

But it is not a question of tariffs merely, nor would a Custom Union alone supply what is wanted. The natural development of trade is impeded by a hundred little obstacles, which ean only be removed by the various communi- ties being united under one Government for po- litical and general purposes, and animated by | acommon spirit. It is objected that there is| little trade between Canada and the Lower Pro- vinees now, and that there is no reason to sup- pose it would be greatly increased by a politcal union, My argument in the meantime is that such a union is essential, if the Provinces, and especially the smaller Provinces, are not to con- tinue dependent on the good will of the United States. There is little trade now, because, as already pointed out, the Lower Provinces have each been so restricted by an absurd system of fiscal and political separations that they have never had inducements to develope their abun- dant powers and resources. The Lower Pro- vinces import the greater part of their bread- stuffs, while Canada is a large consumer of fish. The former are the stapie products of Canada, and the latter of the Maritime Provinces. Nevertheless the Lower Provinces get their ttour chiefly from the States, and any fish im- ported by Canada comes from New England, and thus although the flour is in great part made from Canadian wheat, and the fish chiefly cauzht on the shores of the British Provinces. This remarkable diversion of trade is owing to no vatural cause, and if it is want of enterprise that is to blame, it is want of political enter- prise, which by makin zs the several communities one in Government, in interest, and in senti- ment, would strike at the root of the matter onee for all. There is no scope for en terprise, it is not to be looked for. If small neizhboring communities are separated from each other by innumerable restrictions, trade and capital will shun the place. Though the Gulf of St. Lawrence affords good water com- munication for eight months in the year, and the Provinces of Lower Canada and New Brun- swick are connected by a tract of country well adapted for agriculture, there is no communi- cation either by sea or by land that is deserving of the name, and there never will be so long as the Government at either end think they can manage their little business through the adijoin- ing territory of the States. What has been done by Canada in running a small steamer fortnightly from Quebec to Pictou has not been sufficient to prove the necessity for more ample and frequent means of intercourse ; the accom- modation has deen too limited and uncertain to

of Chaleurs, the and the south in,

opposite sides of the Pa North side being in homede,

, conduct of the Deputy Sheriff.

ably summed up in the judgment delivered by Mr. Justice Peters, who quashed the Indict- ment against the prisoneis on the motion of The Addiess of the Judge will be found hereto annexed. We are glad to find that those vexatious cases are thus disposed of, so far.

their Counsel. learned

They may, indeed, be brought up at the next Jury Term, when no interested paity like Mr. Wright will be found on the Grand Inquest to obstruct the due couise of law; but better feelings than now subsist between laudiord and tenaut generally may prevail before then, and we may be nearer to a solution of the whole vexed question which has set landlord and tenant by the earsso long, and which has so materially retarded the pros- perity of the Colony. Ifthe teuants had been put upon their trial, they might have been con- victed of unlawfully assembling ; and many un- fortunate men—the dupes of designing vaga- bonds in the Tenant League—would have been subjected to painful punishments and penalties, afflicting to themselves and their families, and And if they had been acquitted, through generous but mistaken sympathy onthe part of the Pctit Jury, it is just possible that public confidence would be shaken in the Jury system, so far as our Island is con- cerned, and encouragement given to further un- lawful assemblages and riotous proceedings. But the whole ugly business has been disposed of, so far, very handsomely ; and we hope that the Supreme Court and the publie will hear no

diszraceful to the Colony.

more of it.

Facts have lately transpired—and we appre- hend that there are many more in abeyance— which prove conclusively that the unlawful assembla.rces which the tenantry are said to have committed, were aggravated, if not in some instances directly caused, by the rough, bad He pursued the He used threats on the highway against parties with whom he was not authorised to have any dealings,—the

innocent as well as the guilty.

delicacy of sex, and the feebleness and gentle- ness of age, suggesting to his coarse mind— duly stimulated for his feats of chivalry—the class of persons against whom such a fellow should make a display of his Dutch courage. A wide berth he gave to those who showed mus- cular power sufficient to crush him with the greatest ease — who, laughing at his impotent fury, his abuse, and his Dutch courage, sent him snivelling to town to report that he was unable to discharge his duty. That many were frightened of him, barred up their premises, and fled to the woods—is an indisputable fact. Had he any well founded pretensions to the character of a gentleman—had he even the commonest deceney, such as the meanest con- stable in the land is not wholly destitute of— we believe his office and himself would have been respected where both were treated with We think he has the un- enviable credit of kelping to diszrace the Co- lony ; and most certainly the Shrievalty of this County will never be honoured while he has the least connection with it.

sovereign conte mpt.

ARGUMENTS AND DECISION IN THE SUPREMECOURT ON THE INDICT- MENTS FOR RIOT AND CONSPIRACY.

(Reported by Mr. A. MeNeill.}

Tuerspay, January 12, Hon. E. PALMER, Attorney General, assisted by the Hon. SOLICITOR GENERAL, and the Hon. JOHN LONGWORTH, Queen's Counsel, on behalf of the Crown, contended that sufficient

the delendants, whieh, hy says, Was the obstrue-—

'with the view fo withhold the pay ment of rents. No cause, he Raid, was obviows Why Mr. Ww right, ‘as Agent, could not be on the Grand Jury, 4 he | \grounds for @ Challenge which applied to petit | Jurors would jot apply te Grand Jurors—in {support of which he quoted authorities, and cov- | teuded that any andue influence or prejudice which lmight be considered grounds of challenge to a /Petit Juror would hot forma sufficteat objection lee a Grand Juror, fie thet proceeded ty con- trast the duties of Grand aid Petit Jurors, show- jing the eX parte nature, and inconclusive effeet of ‘the decisions of the former body, and urging that as a reason for the distiuetion between them. His Honor coutended also that the interest of the Agent was not equal to that of lis principal, aud read law authorities on that poist. He then sub- mitted that Courts never quashed Indictwents, if for serions offencestike thuse alleged against the De‘endants in the case before the Court; except ns where tery strong grounds Were produced against such Indictment. The Hon. SOLICITORGENE RAL followed, and explained the mode by which Graud Jurors were selected, showing that the Sheriff, being bul a ministerial officer, could know nothing of the cases to be brought belore said Jurors. He coutended that the grounds taken by the Counsel for the traversers were not sufficient to quash the Ludictment,

Hon. Mr. LONGWORTH, Q. C., next ad- dressed the Court on bebalf of the Crown, and said that public justicejand the peace of the country were concerned in the case before the Court; and he contended that it would be necessary tor the learned Counsel for the Defendants to prove that Mr. Wright bad a personal and direct in- terest in the prose: ution st eh as to warp and bias his mind as a Jarer, iu order te make good thei: vbjection. The object of the prosecution, be said, was, to prevent the Constitution under which it is our privilege to live from bring trampled upon. The Juror in question had no more direct interest in that than any other indi- vidual in the community.

The learned Counsel then contended that even if Col. Cumberland might be objected to, the Counsel for the defence had not produced any single case to prove that the ageut, Mr Wright, was disqualified ; and in support ef that position the learved Counsel quoted authorities to show ihe distinction between the pusitivn of a principal and that of his agent.

Hon. Mr. HENSLEY then addressed the Court in support of the wotieu to quash the Lndictment, and preceeded to quoie authorities in support of his position, He coutended that the same right existed to challenge the Grand Jury as the Petit Jury; and he read from an American note to Chiity’s Criminal Law, showmg that what dis- qualiticd a Petit Juror also disqualified a Grand jJuror Tt, said he, the Grand Jury is net a fair jand impartial tribunal, it had better be dissolved | Would any one attempt to argue that Mr.Wright }eould sitas a Petit Juror in the case before the )Court? "de thenght net. How then ean it for lohe moment be urged that the same objections |would not apply against him as Grand Juror? ) Partiahty, interest, er prejudice will be as fatal ito the free admiuistration of justice in the one case as in the other, and theretere no distinction jeould be drawn. The object of all British tri- ;bunals was to administer justice, especially m | Crown cases, with as mitch iveedem from bias as Nething could be said against Mr. | Wright’s character; but it was impossible to suppose that he could act with that perfect indifl- | ference, and therongh disinterestedness so essen- jtially necessary for a Juror in this ease. He liusisted that the objectiaus taken to fhe Bill of i Indiettnent were on fair grounds: and, on benalf

lof his clients, the Defeudauts, would submit his

motion to quash the proceedings tu the superior |wisdom of their Lordships.

M McLEOD, Esqr, followed Mr. Hensley,and | contended—first, that the mind of a Juror must be unbiassed. and that to disqualify him, it is not necessary that be should bave a pecuniary interest jin the matter in dispute. Second, that what dis- jqualfied a Petit Juror disqnalified 9 Grand iJuror., Third, that from the relation of Charles | Wright, Esq, to Col. Cumberland, who suffered | by the all ged conduct of the Defendants, he was

possible,

‘one Juror rendered the proceedings of the whole ! panel of Grand Jurors, against the Detendants, fnull and veid. He then proceeded to show what | disqualified Jurors, aud contended that if the | Jury man was under the power of either party, or lin their employment, or biassed from any cause | whateser, he was disqualified; and he quoted ) Chitty’s Crim. Law, p. 542; or even if either of the parties avd Jurywan were fellow-servants, ithe same authomty, page 544. The learned } Counsel for the Crown, be said, admitted that 'Col. Cumberland himself would be incapacitated [te act asa Juryman, and be contended that Mr. Wright would be presumed in law to be still more objectionable; for, said be, not only was he interested on behalf of his principal, but he was brought inte immediate contact with the Defend- ants. He was defeated in his object to colleei those reufs; his feelings were ruffled, and his mind irritated by the conduct of the aecused; and his irritation would be increased by the very fact of having toe give an account of his failure te | his superior. He then cited authorities to show | | that a Juryman mest be indifferen'’, as he stands lunsworn; and be read frou: Blackstone to show how zealously and jealously the English Consti- tution guards against evenapparent biasin Jurors. He (Mr. MeLeod) said that it was contended by the Counsel for the prosecution that there was a | distinction in challenges between a private and publie prosecution, such us that now before the |Court. That distinction, he contended, was not maintainable, and quoted authority to show that challenges may be made in criminal cases, for the very same reasons that they may be made in evil leases. To show that the disqualification of one | Juror mullified the proceedings of the whole panel ag»inst bis chents, he quoted from several law authorities. He alse read law to show that the office of Grand Jurors was twofold: Ist, To see Whether there was a sufficient cause to put a per son tipou his trial; and, 2ud, te hear evidence for the proseeution. If Grand Jurors were allowed to be interested persons, there would be no guar- antee against frivelous Or dnfounded prosecn- tions. Tn hearing evidence they were judges on the acensed person's guilt or innocence, and te decide fairly they must be uninterested, unbiassed and indifferent. He said that by law the defen- dauts could not be convicted except by the unani- mous voice of 24 of their equals, viz: 12 Petit and 12 Grand Jarors. The Grand Jury was composed of 23 persons, a majority of whom could | find a Bill of Indietment. It was, therefore, pos- sible that the Bill against his clients was found on a division of the Grand Jurors of 12 against 11. That the Juror objected to; and who directed the issusing of the writs againsf the Defendants, whe came into Court, smarting under the annoyance caused by the Traversers’ resistance to the She riff, may have been the very man who turned the seale in the Grand Jury resem against them, and that, therefore, the Indictment should be quashed.

He was followed by. D. O°M. REDDIN, Eeqr., one of the Counsel for Defendauts, who said it was unnecessary for him to detain the Court on the jcase, as the learned Counsel who had preceded him entered fully into the question. He would, however, direct the attention of their Lordships tu that freedow of mind so essential to aJuror—a freedom which could not be enjoyed by the paid agent of the man whosuflered by the alleged con- duct of the Defeudants,—that Mr. Wright had a pecuniary interest in the matter before the Court, might be fairly inferred from the fact that he may have been paid by commission on the amount col lected by him. In that case his salary wonld depend on the successfnl discharge of his duty in the collection of the rents, and, therefore, it is but reasonable to suppose that be felt deeply in- terested iv obtaining a Biii against the Defendants.

€ PALMER, Esgqr.. also Counsel fer defend. ants, said the Indictment deelared those men (the accused) were tenants to Col. Cumberland, aud it would not be urged for one moment, that, had the owner beeu here, he would be a compe- tent Jurer; and as the agent’s power ceased to exis’ at the will of the principal (whe at any mo- went might employ another), he, the agent, war therefore dependant for the holding his situation on the will ef bis employer, interested in the sue- cess of the proceedings aguinst the tenants; and, therefore, binsed in regard to the resistance these men had made to the writs he may have issued for Col. Cumberland ; aud if 80, how could it be said that be was not disqualified, as a Jurer, to situs a judge on the cuse of those wen, whose alleged disobedience to his orders formed the very groundwork of the accusations against them. He (Mr Palmer) turther argued, that as the Deputy Sheriff was the prosecutor, aud the man whe re- turned the Jury, that Jury being cf his choosing, was disqualified. In support of this posiuen he quoted Chet, Crim. Law, p 537, &e. He said it was true the Jury were nominated befure the re- sistance complained of oceurred, but it required no great foresigit on the part of the Sheriff to an licipate in June last (when he gave in the names of these Jucors,) that a confliet with the tenantry Was imminent,—in fact such a conflict bad ve- curred; and, therefore, it was quite possible for the Sheriff to select men favourable to himself. But, be said, the law guarded jealously against all partiality, and weuld not allow the Sheriff, when presecuter in a cause, to seleet a Jury that mght be picked to suit his purpose. He further cou- tended that still the Common Law disabilty of tho Sheriff to summon a Jury was not teuched by

authority had not Leen adduced by the learned Counsel for the Defendants, te show cause why) the Indictment should be quashed. Hon. ATTY. | GENERAL fligt addressed the Court in defence.

of the Indictivent, the wature of which he fully.

the statute, and consequently still exists. He then put seme cases in which he contended it would be flagrantly unjust and contrary to Evg- lish Law to permit the Sheriff to have the appoint- ment of Jurors, and that the same jealous care of

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explained. He also commented on the object of Hie

.

lm

Lordship JUDGE PETERS then ad. dressed the Court. He said the motion of the

dietment found by the Grand Jury against said Defendants, for conspiracy, riet, aud unlawtlul as- sembly. The object of the alleged conspiracy | stated in the Indietment being to binder and_ obstruct Col. Cumberland in the recovery of tis! renis, and for that purpose to obstruct the Sheriff) and his officers in serving writs on his tenants. | The Indictment also contained counts tor as- sault on the Deputy Sheriff and his Bailiffs, while attempting to make such service, Lt appears, said his Lordship, by the affidavit submitted by the Counsel for the Defendants, that oue of the Grand Jury, Charles Wright, Esq, who sat on the finding of the bill, was the agent of Colonel Cumberland for the collection of the reute, and for the geveral arrangement of his Estate, and as such dir cted the issuing 0! the writs,iu attem pt- ing to serve which, the Deputy Sheriff and his bailiffs were obstructed and assaulted. The mo- tion is made on two points: Ist, That Wright's position was stch as would naturally lead biw to have an undue influence or prejudice against the accused. And, 2nd, That as the assault was an obstruction against the Deputy Sheriff and bis Bailiffs, the High Sherifi must thereiove be pre- sumed to be partial, and therefure that the whole panel is open to objection,

A finding of twenty-four impartial jurors, con- tinued His Logdship, is required by our law to convict the accused of a criminal offence. Li a a petit juror is of kin, interested or not indifferent, there is no doubt he may be challenged, as he comes to be sworn. His Lordship theu read the law as laid down with respect to Grand Jurors is, Chitty ov Criminal law. But it is argued by the Attorney General and the Counsel for the Crown, that theugh interest or relationship miay be grounds to suspect undue influence or pre- judice, which might form ground of challenge to a petit Juror, are not a safficientobjection toa Grand Juror; and also tuat the geveral uature ofa Grand Juror’s duties to enquire after all offences ; and the exparte nature and inconelnsive effect of their decisions is urged as a reasou for the distinetian. But, said his Lordship, there appears no sound reason for that distinction. 1f a man cannot be euuvicted without the voice ef 24 Jurors, is it pet against all reason to say that though twelve ei them must be mopartial, the other twelve need not—if impartiality is regarded in the one body, why not in the other also? The more general nature of their duties can afford no compensation to an accused who has suffered from the partiality of al! or any of those by whum he has been cun- demued.

The great object of the institution of the Grand Jury, he said, was to prevent persons be- ing even called on to answer fer alleged crimes without reasonable grounds for acensation. It has been described by great Jursts as the grand bulwark of civil liberty. Their proceedings are conducted in seeret, so that an accused or sus pected person way vot, without reasouable prout of guilt, sufler the mortification of a public trial. If individuals, who were actors on either side in transaclions, which, {row any material partof the subject matter of au accusation could sit as Jur ors, in deciding whetber an account should be sub- | jected toa public trial or not, the principal object ofthe inatitution, might in many cases, be defeated He then read law and authority on that point. True, said His Lordstup, the authority cited is an American decision, but the general principles of jaw applicable te such cases are the same in the United States as here; and that decision only follows What has been already decided in the Queen's Beuch in Iveland.—( See State Trials )-—- ‘That, said he, brings us to consider whether the circumstances stated in the affidavit respecting Mr. Wright support the ebjection. On this poirt fils Lordship read from Chitty on Criminal! Law. Could Col. Cumberland, continued His Lordship, Whose right it was the alleged object of the cou- syiracy to obstuct, have been considered free from such reasenable suspicion of undue prejudice, as alluded to by Chitty, aud therefore not liable te challenge it called as a petit Juror?