. tuipr-stance, not only iii the eyaao

ll‘-lt‘3.SZ=‘-‘:l.F3.7~ll”5‘> l.’3:‘l%'74E'll‘"ll°ll3e

—’*’-~ —--——--—:_. _. V _._. ...__..’..'_..

TUESDAY. MAY 11. 1852. ELI-IC’l‘ItIC 'l‘I".I.I‘l(iIlAI’II.r—CUUN'I‘Y MEI".'l'ING. Agri-eabl to a requisition addicted to the Sheriff of Queen's County, I’ rge iiodliiflueritial .\Iootia of the Inhabitants of Cher. Iotlctowii, and of tliedliiuiity wits ori ay last, in the Court House, to take into consideration the highly important subject ofthe eutublislitiient ofs 'l‘elc-graipbio line to connect Newfoundland with the Amt-riraii (.‘outitiv.-tit, through this Iala The Sheriff" ltaviiig read the requisition, and the notice convening the .\lt-itiiig-— Ilis liacellency Sir Alexander Bttauernian, the Lieutenant Go- vernor, was called to the Chair, and hric-flv, but luciilly, stated the olject of the tiit-etiiig. and tlte vast importiam-e of the contemplated uialeriiilvia . in its bearing on the irntticdiate interests and future ileatlnies o the Island, if happily this Colony should be included in the line of the 'l'e|o-graphic coiiiuiuiiiciitioii connecting the American ootitiiierit with Newfoundland, and the latter, by ocean uteamura with I-'.uropo ; and be entertained no doubt, thtit when the different resolutions iibout to be offered, should be proposed for their accep- tance, they would meet with that ready support which the irnpor- titnce of lllll querttitttt involved in them, merited from the meeting. lllr. John llI'Neill was requested to act as Secretary. The llonblie. Attorney General first addressed the Chair. and ri.-iid .'I letter from I‘. .\. tiisborne, Esq., Agent for the Newfourtd land Eli-ctric '1‘-slagraph Company .tng--tho.-r with the following extracts ruin the minutes of the Executive Council : IrlIU’l'INAN‘l‘ Govunrroa’s Orricu, 30th April, I85 . The Ilonorable the A11-outvutr Gctrcnrii. laid before he Board, it lrtter which he had received from F. N. Gis e, ‘ uire, dated iit Ilalifax. the ‘list instant, stating, " that the Newfoundland Electric Tole raph Company have it in contemplation to connect Newfoundla with the continent ofAmcrica b Telogra h \Vireu, and would refer extending the submarine Cab a from Id.eWfoll||tI- land to the ‘sat Point in this Island, in lieu of Cape North in Nova Scotia, and thus the Wires would pass through the centre of this Ialitnd to Nova Scotia. 'I‘hat this Route would save to the (Yoniptiny, about three hundred miles of land Wiroa-, but would Involve an additional expense of £7,500 for the Cable Wires ; and wishing to be inforriied.'if our Iaical Goveriitnent would feel inclined to allitrd

also a pleasing sight to see party spirit laid aside. when the iateruds of the Island appeared to require a coalition of ulltsinks and all climelr in order to give to the injectors that encourageuient which they deserve at our hands. ' ‘he iriceiing. which we now notice. presided over as it was by the Lieuteiiitnt Gcvuriior—vvho has never appeared in public to greater iidvaiitage; the establishment of n coinmitice of cones d of men of thahrut influence, ivilhoot respect to political feeling ; and the assurances held out by the Executive, will go far, we should hope, to satisfy the com ity. tluit it will be their interest. as well as ours, to aiuke the stand pie mediuut of coinutuiticsiioa between Newfoundland and the , .

2&3-— SUPREME COURT OF JUDICATURE. Ar CHAILOTTITOWN. Tousnsv. May 4, I852. Gerard Jllilcholl vs. Mcholua Harrie.

This was a Suiomary Action on the Case, for an escape against Nicholas Ilurvie. Keeper ol'Ch.irlottetowii Jni .

By consent ofthe parties, and by order of Ilia llonor .\lr. Justice

one was stated for the o 'tiioii of the Court in last Ililary Term 1852). as set out in the udgiiierit hereinafter contained, and was argued by Fzlwiird Palmer rind Churlca Palmer, Bsquiros, for the I’laiotifi', and the Attorney General and Solicitor General for the Defendant. _

The following was the Judgment of the Court delivered by

Mr. Justice I’rrs:ns.-—'I'liis was a Summary Action on the case against the defendant, the Keeper of Queen's County Jail. fut‘ an escu e. _

From the facts admitted by the Counsel on both aid.-s._|l |tPP9""”‘l that one Alexander \Vltito,ii private in the 38th lh-giitieiit, was charged by the Plniiitiffwitli stealing his watch: tltat lie was taken before I ittagistrtite.ex:ttitine an duly couiiiiitteil for trial on the 12th June. I851, thiit, before the sitting of the Court, at Wlllttll he could have been Indicted, the Defendant discltnrgi-d the prisoner under the following order front the I.i¢.-uteiiaiit (ioir.-iiior.

Govnaausnrar llousz, l9tli Junc, I851.

To the Sheriff of Queen's County,

Sta;

You are hereby authorised to deliver to his Coiriiiiiinding Officer, Criptaiii l.0Cl\ll,', ofllur .‘l.I‘jt3-Ty‘! 33th llcgiiiioiil. Alexander While, it private in iliat Corps “III! is prctteittly conlii-ed iii the jail tifCliar- lottetown, oti a charge of theft, and u so, of tin assault.

A. BANNERIIAN

the Company, any aid, pecuniary, or otherwise, tiller the work is accomplished."

Iis Excellency and Board. taking into consideration the manifest advantages that would result to this Island frotit this 'I‘elr-grapliic Line, feel no Iledlltlllon in giving it pledge, that so soon as the General Assembly shall be converted, they will introduce this sub- ject to its considerittion, and will use their best exertions to obtain it grant of money in iiid of this great and useful enterprise ; and also will render every facility to the Company for the use ofthe l‘ublic Roads, already opened the whole distttilce of the Route, being sixty feet in width, through rt thickly se_tilo.-d and well cultivated country, for the procuring iind sin in; of the necessary Posts, and extend- ing the \Vircs thereon tlironglmiit the Island.

His Excellency and the Iloard regret tli.-it, esthe Govt-rnincnt have no Wild Lands in the route of the \Vires, to dispose of. the cannot hold out an inducement of city Grunt of Lands being made to the Contpaiiy.

A true Extract, CIIAIlI.|’.S I)I".SIIRI9AY, C. C. After which, the succeedinv Resolutions, supported by able and eflective speeches by the (ll ererit movers isiid aecoiideis. were se-

verally propoaediind carried unniiiiiiousl : Mailed by the Ilon. Attorney General, seconded by John Law-

IOII. .

Retiofi-ed, That this meeting lielieves that the cstalilisliment of Electric 'I‘elt-gr.-iplis throughout any country. 'is a gr:-at tun i-ncy to aid the progress of sot-iiil iiiiprovctiietit, to unite diffi.-reiit iizttiuiis in one coiitmoii hrothciliood, to rexreiid the boundaries of liuinan ltnoivledgt-, and to afford increased facilities towards comiiii.-rci.il critter nise.

II:-Ivcd by Him. the Tfcfl!‘)fPf, sucontled by llnrt. i\lr. lli-iislcy,

Retnlrrxl, 'I‘Ii:tt this Met-ting hails with pli-asuro the prospi-at.-i of I 'I'elt~graplt being erected tliroughout this Islam : iilinrr-by the Island of Newfoundlniitl will be coiiiiecti-.iI with the Anne icari Ctintiiieiit, and by iiir-ans of viltir-li, iii conjuiiction tviilt oct.-an stou- murs, this I.~‘l:tiid viill he brought within five days tifllie liltillter Country. 'I'Iiitt. this Moetiiig looks with coiifiileiico totlie Govern- ment and to the Legislature to proiiinte their useful enterprise, by giving the Cniiipany a grant of iitviiey either annually, or otlicrwirte, by takiitg shtires in the Coiiitpaiiy , by grtitititig it the use ofthe pub- lic Iloads as it way for llltt line, by rendering every facility in the [irocuriitg sites for station liousi-it, and in the obtaining itiid siiihiiig ofposts, and by using their influence and best exertions, in giving IE0 the Ipllizibiiants of this Country, the benefits and advantages of

I4.-ctric 'elcgr:i lis.

Moved by Iloii. George Colon, seconded by T. Heath Ilaviland,

q.

Resolrerl, As the opinion of this meeting, that the additional local support to be derived frotn the present use ofii'I‘elegtapliic coriminnication between this Island and the other North American Provinces, as well as the United Suites, will, in a great degree, compensate the Compriiiy for any additional expenditure required by the adoption oftliis Island its a medium of Cotiiiiiunicatinn with the coiitineiit. and will eventually prove a source of Ilevcnue.

Moved by Ilon. \V. Stvabcy, seconded by John Longworth, D .

‘I?e:oItr.!i'on,—'I‘h:it tl (‘ommittoc be formed for the purposes of cominunlcatirig the purport of these resolutions to I‘. N. (ri~l.orric, l".sq.. snfltto conduct such further correspondence with the Naiv- foIinQind“l7.-inp:iii_v, as miiy be necessary for the furtlieruiice of

«owing Gentlemen were then severally proposed, and ily elected rt Committee, in pursuance ofllio said Reso- -—l‘ivi-., including the chairman, to constitute ii quorutii :- vllfllllloiililes. Messrs. Attorney General, Hensley, Pope. Swabey, Colts, I.ord, Col. Secreuiry, Biriiie, and '1'. II. I iivilnnd, J. Longwartlt, D. Brenna. James I'eake, and J. 'I'|iornaa, It‘.-tqrs.

On motion. His Excellency left the chair, and the lion. Mr. Colt-s hating been called tlti-ruin, it was moved by the Hon. Co . Secretary, seconded by J. Longworth, Esq., and unanitiiously CIPFIPII,

That the thanks ofthis meeting be given to His Excellency the Lieuisnrtiit Governor, l'or his kindness in preaaiding at this titer.-ting and for s - nbly conducting its business.

Ilia Excellency, in ackrtowloidging this vote of thanks, said that ' ed him great satisfaction in being called on to preside over it meeting so influetiiiul in its character, and he trusted, important in its results. Should their aiiticipritions be real’ , in the success- ful issee of the cotiteitrplnted scheme, Prince Edward Island would become known, not on y to thousands, but to millions of the human family who had never before heard of the Colony ; that for hitti- nelf, it should ever be to him it source of high gratification should so greitt and useful nu enterpriao—-uu ported by such intelligence and respectability as was associated at that moo2ing—bo accom- plished during his administration of the government of the Colony. (CIieara.)

After which the meeting adjourned.

_ JOHN M'NI-JILL, Secretary.

itiovi that has been made in the Island to nrinihilate time and on, and bring us more closel connected with the uurrouriding colonies, and, consequently, with al the world. Our insular position will ever be a bar to rail roads, and whatever may happen in the course of a century or two lienee, rieitliav the present nor several successive generations, are likely to experience such rt liitigatiou of the severity of the climate, as to enable them to avail themselves of the benefits of steam iittvigsiiou during the wir_tti.-r season. The electric telegraph, as proposed. Itliolllll ll ""0 successful operation, will do rii_ore for the benefit of ilie Islurtd, than It Irst it would itppenr to promise. From its cinbtiyed position on the niiip, and its close proximity to Nova t4coti.i and New Bruns- wick, our Ialimtl does not Itriltn the eye of the observer as the cent of an irtdtspetttIPnl government. but rather as s porlt-It_i of one or silk of those provinceasepsrnted by uh insi uilicant straii;it lras_nn ildiviuafdy. Placed, however. on the Inn of tel-graph. which will uiiniiuct u douatry ofso much iinpurtuiee—butrIsitherto as com- plaiuly isolated to the winter .seaaon——as Newfoundland, it will he turned’-tely brought out into smut relief, and become an object of ' f commercial men. but of all the world. Attcniioii having been once drawn to its locality. the spirit of enquiry will be aroused, its to its capabilities, when the fact of its superiority, as a permanent fishing aatablishmei-.t, will become Ittiirersally known and uicltly ialtsri advantage of._ Nor will its general fertility and peculiar a tltudu for shipping, its agricultural tree, without tlze addiiiona cost of laterniil transportation, be out eight of, but, on the contrary. be every day beitevdrnown an appreciated. In it commercial view, the advsatagr-a will be imme- diiite. The stnte of the markets for live or deed _utrIalt, animal or vegetable productions, may be ascertained iii an iiis'aut from St. Johi's, Novtrf'-iuridland, In New Orleuuu, and markets for them run be opened, which we now do not even dream n_. Our aiticera w y D. that Mr. Gnborriu and bio iiaaaaiatea may still persevere in their design melting the East I'oint of the Island the terminus of their

This is the first

auh-iuariuuualile. Wariipst not withhold our tribute ofapprahniaui at tliurosdact at‘ the Adrnlnisi We hvs. huts and III" uoaiisss to I ' a note their uhutit-ooui ready tuds than lustiss, when we

..°-.:a~..:.~:':.~*..-:.----r

thdr I . Id ultnllbl l 3ri'.'..t"."ii.rt.tt.?r'.'r3

Lieui. Governor.

The Prisoner left the Island with his Regiment before the 'I‘ritiity Term, so th:it tho l’laititilI'coitld not prosecute him iii the Trinity Term, the (Brand Jury made the following prescritiiieiit.

“ 'I‘liiit on the Illili day of uric, instaiit. one Alexander ‘Write, it soldier of the 38th Rt-giiitciit, stationed in Cliairlottetoivti, entered the House of Gerard lllitcliell of Cliarlottietoivii Cotiiitioti, rind did steal and can it silvur watch, valued at £6 currency. the pro city oftlic said Gerard .\litcliell. and the Jurors further prion.-tit, that the tiaiil Alcxaiid-er \\’hiio, was coiiimitted to Jail by 'I'lieas. Ueslni.-ay. .loliii .\lorris, IllIlI Juliii ll. Cox, three of ller \Iiijesty’a Justices of tho I'o:ice, for Queen's Cmiiity. in order that lie the said Alexzintler ll/liito, should be tried for the said olfetice at the Suprriiiie Court, to be held on the last 'l'uesdtiy in Jutie iiforeriaid; and further, the Jurors prcraetit, that the Jiiilor of the said County, in \Vll01€ custody the sritl Alcssiidcr White tvaa placed by virtue of the iiaid Cotniiiiimoitt front the three Justices aforesaid.did dis- charge and liberate the siiil Alexander \Vliite, and that he cannot now be found to answer the charge preferred against liiiu."

'I'he I'l.-iintilI' had lost his watch; but it was not found on the pri- soner, nor Ii:is the tIHft.'IItIa'IllI. Iiitd it in his possession or seen it. The value nftlic watch was proved to be about £6. \Vith the exception of the (‘0lItttIlIlllt.'l|l by the magistrates. no evidence was given to show, that the piisoimr had in en the watt: 1.

'I'liree itestionu were ntlsed iii the rirguiiieiit.

lst. W It'lItt‘r the order of the Lit-uteiiaiit Governor justified the D0ft‘lltIilIlI iii tlisolirirgiiig the pflsttllfll

' l. Ivi-n i it did not. the I‘oiriiiiitt.il, hi-ing l'or :I criminal off».-iico, wlictlit-r an action \\ ill lie against the Jrtiler, at. the suit ofn private porsoti, for an escape ?

'I‘h:ii siipposing an action will lie, vvltcllter the Plaintiff‘ must privvu that the batch was taken by the prisoner, before he can re- cover

As to the first point, it was argued by the Attorney General that the Governor has power to pardon, and might therefore. legally tlischriigc the prisoner 'I'here is no doubt, that the Governor iiiny pardon. and the pardon may he Ilt’f0f8 as well as after coiiviction. 'I‘liiis. iii 5 Coin. Dig. I72, it is laid down “The King may par- don iiriy ciinie or offence Iii-fore iittaiiider or conviction,” and this he may do though the prosecution be carried on by a private person, unless the prosecutor have an interest in the judgment. Ila|l's case 5 Rep. 51. " Alice Cook libelled llnll in the Spiritual Court. ft" calling her it whore, rind had judgment. from which the defendant tl .aled, and then obtained the King's pardon 1'’ And it was Re- aolrzrl, That all cases depending in the Spiritual Court, between party and arty, where the suit tl only ro salute nnisif vol rc- formrrlinne rnarurn. its for defamation or ayirig violent hatida on a clerk or the like, there, the King's pardon is a bar of the suit; for i e suit is not to recover any damages or any other thing. but only to inflict pnniuhtnerit on the offender, pro salute uritrai, which puiiishtitetit. the King may pardon as well before as after the suit begun; for in truth, such units are only fur the King, although they be prosecuted by the party, and like units in the Star Chum her, preferred b one subject against another, the King may par- don them; for it though a subject prosecutes them, yet the suits are for the King, and to punish the defendttiit for their offences and iiiiszlciriczintirs by fine and iitiprisoniiwiit to the Iiitig. But if one lil.».-ls for tithes or a contract of niairiitiony, or for a legacy, or the like, uhere the plriiniitfli.-tilt an interest and ropert iii the thin: iii demand, and st-titence shall be given for liiiti for the thing \\ hi.-h he lihels for, the the King cantiot pardon it, neither before or after the suit be un."

But the order in this case is not and does not purport to be it par- don; a pardon iniii-it be under the fin.-at Seal. If pleaded. this do- cutiierit would be no defence topii Imliotiiiciit, for the offence trien- tioned in it. 'I‘lic qui-ittian, tlii-refuro is, whether the Licutemuit (iovcrnor ltris power to order the ilirtcliaige of utipartloiied criiiiiitrtls froui prison before tri il I In considering this question. he may be assumed to possess the same power its the Seven.-igii has in this res-

ci'l.

P In I Bac.. Abr. 615. II is laid dorm. “ A person legally coni- mitted for a crime, certainly appeziring to lmve bet-ii dzmc b some one or other, cnriiiot be lawfully dist-hargcd Ivy any ol/itr, u! by the K'r'n_r: till he be acquitted on is tii or have no ignotamtir found by the (Brand Jury or none to prosecute Iiiin on proclaiitation for that purpose, by the Justices of Gaol deltvr-r_v.“—-Ilnt though it be said, it |K'I'tl0I| committed may be discliargetl by the King. it does not follow, that an order for his disclinrge uiiilci the King's signi- ture would be sufficient, although Justice is nditiiiiistered in tlte name of the Sovt-reign, it is beneath his dignity to attend to the details of its adniitii.-tration. Many itcts done in the King's name and by his authority, can only legally be done by those,to whom their execution is intiitsletl, and who are themselves liable for sbus" of their powers. In the King rs. Brown, 2 Show Rep. 484 cited in the preface to I“or-tar‘s Rep. I2 6: 2 Bac. Ahr. 83. The Defendant was brought up on Habras Corpus. " It appeared the King had requested some of his ministry to commit the Defendant to gaol, but they not having proofofthe Defendant's guilt, refused to grant any warrant, upon which Ilia Majesty thinking tlto_Defen- diini guilty, called for it \V:irrant which he signed with in own hand, by which the Ilefeiidaiit was coiiiniitted to the custody of the

3:’

rm-ear-ngier, and the Warrant being taken notice of by the Court of King's Ilenrh and the whole iiiiitter being considered, gave their opinion. that the Defendant should be discharged. bo-

cauas the Warrant was under the I\irtg‘s own hand, and not under the hand of an Secretary or Ofitrr of Stale or Justice o _fIia Pmc And I to reason given for this hath been, tliet tha_ mg, having given till his Executive power to his Judges and Justices of the Pure, there is none left in him, the executive power be'ng too mean and troublesome for Ilia Majesty. Arid ifthe King erred ever so much, there is no remedy against him; but there is a remedy at Law against tiny aiibjeet wliiitsoever." Iletc. though the party mlght legnll bc coinrnifted in the name and by the authority of the Kin . yet the tvarruii for his enrriratmil, signed b the King. was hel void. But the present point now before the ‘cart, ‘I not

in Ilurn's J ustice, M9, when after citing the authority already quot- od front Bacon‘! Abridgtnent. " That a person legally committed for a crime, cannot (till acquittal or bill Ignored) be lugullfi diu- charged by an other than the King," headds iii a note " at is by some one o 1 King's ,Cour!r or soars Magistrate rlal catho- riml.“ If the prisoner in this case was improperly coriiui ted, he might have caused himaelfto be brought ge‘oti Hulmu Corpus. the prosecutor and comiriitli mu rate would then (so- eordirig to the practice) both have not co so that ttiay_ might appear and resist his discharge and the Judge after the airy into the circumstances and hearing both sides. ifastislad. tht rs was no raasoin la pratatiea. for iaiputieg to the prisoner ilie olhoc would have discharged hitll ,UIitiittad him to bail. to me, therefore. that the I tenant Governor

diuehur the isoriur. and that t _ _ _ fondant in having itted film to escape. the prison cal thereof, for the sincere Iatersei lie rirsaifovtad ls undea-

As to the question-ilia rule of law founded on nlatsry vor to ace the system generally. I regret to as , bi-wsvur. principles of public prillay. arid designed to iiuulate the prosecution that our Merchants wavuse habituated to " the guide ofl way" LP! of ott‘ua6ai—is. that ivlisru a criminal tug been uararaiitsd the they " could as l‘sahsd”as"_IIrs. y" would say _ wliloftlsalaa ufaelvilaetlamthamtyla mal _ adsptlanaflf. ’ nstbacllovrdte hvautvfllsjary.'htllha ltd LIN.

‘ hr tbs shoes. ‘Its '|avr 'aa Charlottetown, May 3, tut.

this subject was very fully laid down in the late one of White vs. Spottigue, II I. St. W. 605 The party injured beia thus oom- pulled to ponpnnu his action to recover the value of t e property taken fl‘. Iiin. titi il be has prosecuted for the criminal offence. any unkind t ofiluty b those who are bouitd to assist t paaaacurlau, w ' Ii impedes , and thereby necessarily delays him in bringing his civil action is an 'itr to in for which an

70 u he go to a Justice uftlie I’o:ico. pray to be uxitioliiud butch- iit the robbery. and the justice refuse to examine hirri. so that I aiti thereby dumtiifiad and cannot proceed aga have an action against the juatice." 'I‘he same principle saws up- plic.-ble to the case of a jailer, who by allowing it iuoiier to ‘es- cape, hinders the prosecutor from proceeding i_vi_t the crimtnal charge. and thereby prevents his bringing a civil action II II

i .

’I‘lte bi-t question llten arises, via.. whether the Plaintiff must prove the taking or the watch by the prisoner, before he can riaihitaiii iia action 'I'liis was properly in some respects lilteriod tn the argu- ment to escape on mesiie process, where if the prisopar usoupe at any time after the return of the writ. the elieritt‘ is liable, but he is onl ' liiible for such damage as the Plaintiff‘ has actually sustained; an if, in c0l|I4.'qll0l|OO ofsuch escape. the pltiiutifl' be delayed for the shortest time in the prosecution of his suit, it is a arnaga ' law sufficient to sustain the action. Thus in Williiiriis ca. Iloystua, 4 M \V. 152, \|'IIllSl| was quoted in the ar unseat, where the party arrested on irieane icon, Ol¢tlp- il a r the return of the writ, the plaintiff‘ had sustained no actual damage, nor alayed in his suit, and it was held I action would not lie Parke ll. says, “ lltrtto would, we think, he no doubt, that if the plaintiff!‘ had sued out his writ of Hubrrts Corpus during the de-