I

one «Lot-attic! morale.

1, what the actual facts ofthe case, as they stand, ought to have impelled it to do.

[have not searched for nor inquired into the accuracy of “,3 report given of the trial at Georgetown, in the Summer ‘of1840; nor_do lthink it necessary to do so, considering how superfiCIal are the means used by your Correspondent,

when the whole basis of his statements consists of what was

‘ rted (no doubt from slippery memory) as the chai‘ge of the ChiefJustice, then presiding at the Court, to the then Grand Jury. This would do well enough for shallow minds, 0.- people out of the Island. Taking that report, however, “A RESIDENT FREEHOLDER republishes it, the strongest

usage he quotes for himself is the following: “that al- uthough there appeared to be a number of persons in King’s «County determined to resist the law, yet in no instance has -“ either a Grand or l’etit Jury swerved from their respective pduties and protected those who were guilty.”

Now, if A RESIDENT FREEHOLDIR is to stand or fall with respect to his communication by this report, it must be first - made known what number ofludictments for this degree of offence had at that time been laid before Grand Juries in King’s County, and how far the charges were similar in their nature to the case in question? From inquiries at the most authentic source, I learn that from the time the Court was established in King’s County, up to the trial of1840, as alluded to, Iiot one case similar to the riot and forcible entry of last Winter had been preferred to a Grand Jury ofthat County. There were three cases which I will mention, though'of a different character—the first, in March, 1835; the second, in March and July, 1837 ; and the third, also in the same month of‘July. These Were all on the prosecution of Constables, or Sheriff’s Officers, for assaults, and rescu~ ing their prisoners, taken on law procesi—iicither of the prosecutions implicating more than five persons.

In these instances the offences were exclusively of an in- dividual nature, involving no combination of political iii- terest, and their effects too circumscribed to enlist the sym—

alliies OI itliy others than the parties sought to be arrested, or whose property was to be attached. Let the panels, too, of the Grand Juries who found the indictments in these cases be compared with that of last Winter, and the descrip- tion of persons who formed them will be found very differ- out.

The famous trial, then, in the Summer of 1840, alluded to by A RESIDENT FaaaiioLnsa, is the only instance he has to rely on, to bear out his statements. In this case, upwards ofone hundred sympathisers had collected upon some well- known signal, violently assaulted the High Sheriff, and pre- vented him aiid his bailiffs from selling or taking away cat- tle levied under execution against a Mr. James Douglas, of anchor“ notoriety. The evidence, on the trial forthis offence, as I am informed, was irrcfragable, and such as the Grand Jury could not venture to wink at, be they constituted of whom they may. Mnrk, however, the “moral principle” of the Community of King’s County. The principal witness for the Crown, in this case, although a man of family, and long a resident in the County, was, from the day of the trial, “a marked man," and had, as soon as possible, to fly from the Island, or in all probability would have soon become a subject for a Coroner’s Jury.

Your Correspondent has chosen to quote the charge of the Cliichustice, as it is reported to have occurred in 1840. He did well to take this period, and to stop there. I do not think he would have ventured to quote an opinion from the same source, at a subsequent period. 1 most therefore take the liberty of adding another chapter to 1118 history ofthe moral principle ofthe King’s County Juries, and bring it dawn a little later. In March, 1841, I learn that two cases oijectnieiit were there tried—the one against Alexr. Ding- well and others; the other against the aforesaid James Dou- glas—and both brought to recover possession offarms either forfeited or sold for the non-payment Of'Vcry heavy arrears «ofreut, due Mrs. 'I‘ownshend and the Rev. Dr. \Viggins. III

the first case, the proofs for the Plaintifl‘ were so clear, and the defence so flimsy and untenable, and even acknowledged,

at last, by the Defendant’s counsel to be insufficient, that the ChiefJustice stripped the Plaintiff’swounscl, .ivhile rising to reply to it, and directed the Jury that a verdict must neces- V aaril fliow for the Plaintiff. They retircd, and to the .. ‘ '“i‘aifime‘m of Both theBench and the Bar, including, it was evident, the Defendant’s own counsel, they found a verdict for the defendant!

The Chief'Jusiice immediately stated, that they must have misunderstood his charge; thatrbciug bound by their oaths to find according to the evidence, they had better retire and i reconsider their verdict, before it was recorded. They did ‘ Io,and returned with it the same as before! !

The case of Douglas proceeded prectsely in the same manner—equally as defenceless, with the exception of some objection taken on a point purely oflaw or technicality, and k - reserved for the decision of the Court. The Jury in this

' case acted with as flagrant disregard to the evidence asthey

h had done in the other! Rules for new trials were granted 5. V iunnediately, in the very teeth ofthe Juries, the Defentants' II . counsel being totally at a loss for any objection to offer, and 11, v the ChiefJustice remarking, that if one hundred verdicts n- were given for the defendants, under the same evidence, "I ' they must all necessarily be set aside. It need hardly be *1! ~' - ’ added, that both causes were removed into Queen’s County, " . ’ and verdicts upon new tri-ils given for the Pluiutifi's in each. 3, These cases are notorious to every one, as being especi-

ally mixed up with the political feelings ofthe sympathisers of King’s County; and Idei'y A RESIDENT Facet-Iowan to

I; Select fairer instances, as tests for the f‘ moral principle” of w. I the'Juries ofthat County, when prejudices oi'such a nature m, are involved in the case. It may be said that these are in- ,” stances ofthe conduct ofpefit Juries; but what is the dis- ulil tinction that can be made respecting the subject of discus- all? Sion in either class? If we are in search of instances in ll“! Jurymen ofintegrity of character, to whom maybe intrusted ,1" the dispussionate, disinterested and unprejudiced judgment W" » Which is to affect our characters, our estates, or our lives, M” preference to the other? ls

Why turn to one Jury-box iii _ ihe mind of the man to be changed for the better by his person being led fi‘Oin the Jury-box 011 the right to that on the left? And here, Mr. Editor, to bring the subject a little closer home, let me inform you, that several of the peht Jury, in one oftbose memorable ejectment cases, were actually part of the grand jury who ignored the Bill for the riot, &c., oflast Winter!

’ ‘ . l have not troubled myselfto inquire “ how many ofthem :(lhe Grand Jury) were summoned from the Norihward of St. Peter’s Bay.” If any were brought from the Bay itself, ' Heaven knows there was no need for going farther North- 'gard, to get into the politically tainted atmosphere of'King’s

ount .

Youi’Correspondent, Mr. Editor, has left the principal ftetements in my former letter totally unanswered—not, Indeed, touched upon; and from the mode he has adopted, 1" noticeing it at all, I suspect he Iias written one word for “18 good folks of King’s County, and all the rest/or yourself, fearing, perhaps, that my plain dealing would bring your ‘ Paper into distaste with some of your numerous friends in

King’s County.

I am, Sir, Yours, &.c. - ‘ A BRITISH SUBJECT. , . (CharlottetoWn, 18th Aug. 1843.

__—___

To THE EDITOR or THE COLONIAL HERALD.

Sir; A scribbler of the first order discloses his disappoint- ment at the result of the “ King’s County Riot,” m the -- Herald of the 5111 inst., under the signature of A BRITISH SUBJECT, and gratifies his spleen by endeavouring to stig— matize the character ofthe gentlemen who composed the ' rand Jury of King’s County, at the late itting of the Su- 1 me Court, because, forsooth, they did not find Bills against number of peaceable, well-disposed persons. Such ill- " tired and ungenerous animadversions, from a person who .1 no opportunity of hearing the evidence on the part.0f re Crown, (save and except, perhaps, the testimony of that -: 10 character McG e,) will not, in the least, disturb the Not minds of those gentlemen who conscientiously and in- . bendently discharged their duty; men who, for intelligence, ‘ " ' and integrity, will not yield to the samenumber, , . uously selected, in any County on the Island. drab: not that A Ban-um Summer was at Georgetown

at the time, and he knows that some ofthe persons who were attracted to the dinner table at the time the Grand Jury were being sworn are tindersirappers of'Mr. Peters—- persons who figured largely and profitably in the noise (for I cannot call It by a better term) last March, and who take no credit to themselves now for their part in the transaction except what they take for the cash they pocketed in the, shape of expenses incurred. 1 am ready to admit that those personages wouldfcel it their interest to endeavour to make out abuse agai‘nst'the prosecuted party, but 1 very much question what influence they could exercise on the minds of gentlemeii who were determined to act disihteresledly and conscientiously.A person unacquainted with the general con- duct of those would-be Grand Jurors would be led to sup- pose that modesty and good sense had overcome them and that they retired from an inquisitiou in which they were secretly interested.

If Bills were found and those persons tried, A BRITISH SUBJECT would not take much credit to himself, or to the fraternity to which he belongs, from the evidence which would necessarily be produced on behalf of the prosecuted party; and A Bai'risii SUBJECT would better serve the class of which he forms a part, by allowing the matter to die away undisturbed. But. if he has a particular attachment to that subject, and intends to pursue it, I trust he will point out to us from what source the £800 or £1000 expenses, incur- red in sending the military and civil force to King’s County, are to be defi'ayed. .

I am, Sir, A RESIDENT or KINe’s COUNTY.

August 11, 1843.

To THE EDITOR or THE COLONIAL HERALD.

Sir; The newspapers inform us that the Capitalists of England do not know how to invest their money to advantage, and that they are lending it, on approved security, at I; and 2 per cent. What a pity it is that they are not informed, through some authentic channel, of the mine of wealth, which surrounds this Island, from which our neighbours, the subjects of the United States, are obtaining a very differ- ent sort of percentage for their capital!

As many as one hundred sail of'American decked fishing vessels have been counted at one time in one ofthe numer- ous harbours ofthis Island, while not a single vessel with a deck belonged to that harbour. The Americans who fi‘e- quent our coasts all say, that the privilege of'drying their fish on the shores of this Island would be a most invaluable boon to them, although totally neglected by us.

I have resided for some years in Newfoundland, and I consider this Island better adapted to carry on a profitable shore and bank fishery than that place—in which opinion I am supported by that of a Newfoundland Merchant, who has been for many years carrying on a successful trade at St. John’s. ,

lam likewise borne out in my opinion by a practical Scotch fisherman, who says that if he had the means offol- lowing the fish into deep water which he possessed in Scot- land, he would make his fortune here. He describes the quantity of‘ cod, herring aiul mackerel as being immense, and says that he has often run ofi‘shore (ti-om 4 to 40 fathoms water,) through schools of 'nackerel extending more than ten miles (the limit oflIis fishing voyage).

Newfoundland procures from this Island most of the ves- sels employed in the seal fislicry,and in the deep water cod fishery, which are built here at a very cheap rate. .It ,-

This Island possesses a very fertile soil—Newfoundlanda vcry barren one, therefore this Island coulthproduce abun- dant supplies for the largest fishery, while Newfoundland is obliged to procure her supplies from Europe. .

Our agriculture is in the same state as our fislieries-t—they are both mines of gold unwrought, for the want of that capi- tal which is lying idle in England. 3 >

Our farmers say, that they could double the produce of their farms ifthey had a demand for it. An extensiveifi'sbery would cntise that demand. The fishery would supportw the agricultufe, and the agriculture would support the fishery, and both together would cause this Island to become pne ofthe richest Colonies belonging to the British Crown,'and amply remunerate' those capitalists who might invest‘fheir money in a. well conducted fishery.

A SETTLER.

August 14, 1843.

TO THE EDITOR or THE COLONIAL HERALD.

.

Sin;—I would, in common with many other members of our community, beseech you to use what influence you |iave,asajoiir- nalist, in order to dissuade the Editor of tho Is'ande'r front In‘ fiicting on his readers column after column upon that most deit- picabln subject, the Novas-cation. \Vhatcver interest the absurdi- ties of Mr. Nugent or his coadjutors may find in his eyes, I would assure him, that all thinking persons have long come to a conclu- sion, that the effusions ofthe Nirvascotian worthy are as destitute oftruth as they are vile in composition,and, in truth, are nothing more than fine I heavy inventions as a starved Editor hath re- course tn, to make his paper acceptable to the very dregs ofman- kind—conscious that from the more intelligent portion of the peo- ple he can hope for nothing but contempt. Whilst, too, I disap- prove ofthe subject which the Islander has chosen for his remarks, I would also protest against his manner in treating ofit. ' What- ever may be the personal appearance of Mr. Nugent, is it \vise, is it gentlemanly, is it christian, to _m:1ke_it the subject ofhews- paper satire? Let him, if such be his inclination, attack his son- timents, his politics, his paper—they are ofhimself,‘th‘iiigs which he is accountable for, the emanatinns ofthe mind Within; but his otitcr-man—-the shell which contains that mind—is the produc- tion ofa hand divine, and, as such, should at least be sacred from sarcasm or remark. Shame be in him who' would throw in .a fellow creature’s teeth that thought he fain would banish, a bodi- ly deformity; pitiful must be that man’s resources who can find in his armoury no more powerful weapon than that of personal abuse. There is another error, too, into which the [slander ap- pears to have fallen, which ought hardly to pass Without remark. \Vhilst, in pursuance ofltis natural instinct, he takes up 11.5 stand with the more powerful of the community, he complacently plumes himself on his independence in so doing, and tells us, with :1 sigh ofpity at our ignorance, that the rich have as much need ofa defender as the poor. Notable discovery! which every generation since the world began has alike disproved. When, since the luxury of riches was felt—since the man of wealth be- gan to accumulate his stores—since the man of power and ambn tion stretched his hands around him, and laid field unto field, till there was no space for him—when, I Would ask, did they,or such as they, need a defender? \Vhen was the time when syco- phants and followers did not press around them, too glad to look for their reward in the very crumbs that fell from their table, and, like he ofthe Islander, hugging the fetters they had themselves induced, because, forsooth, they were of gold. It may he a plea- cant dream to find one'e duty running so completely with one's interest; but it Is but a dream aRer all. No, Mr. Islander, ifyou would indeed be the champion ofthe right, and break your spear f‘aiily and gallantly in the cause of truth, you Will find no diffi- culty in discovering more beneficial themes for your pen than the virtues of our officials or the sins of Mr. Nugent.

I am, Sir, most respectfully yours, VERITAS.

On Monday the 31st ult., Judge Marshall, of Nova Scotia, delivered an eloquent and interesting Address on 'Iemperance, in the Presbyterian Church of‘ Cavendish, to a numerous and attentive audience, and notwithstandingthe learned gentle. man’s indispolition, in consequence of havtng taken acold, he continued to address the admiring assembly for the space ofneaI-Iy three hours, without any apparent wearmess on their part. A: the close ofthe Address, some discussion took place, respecting the formation ofa Temperance Society, on more general princi. ples than the existing one, it being considered rather exclusive. As it was then late in the evening, it was thought expedient to adjourn the Meeting, until Monday the 14th Inst. In the mtea'r‘i- time, a number ofpcrsons entered their names as advocates o t e cause, with a view to constitute a new Society, numbermgh(to- gether with those belonging to the formerone), nearly one on- dred. A vote ofthanks was unanionsly given to the Judge, to which that gentleman made a suitable reply, and the meeting separated. Pursuant to adjournment, a. large meetiug'was ignite}!- edin the same place, on Monday evening last. Ihe b 9.1;, d. Geddie being called to the chair, a set ofRules werefsu trpi e , and unanimously adopted, and office-bearers elected or i. 9 cur rent year.— Communicated.

LAUNCHED, on the llth inst.,. from the Shipyard of 1151'. “’12,. White, Elliot River, a well built Schooner called the era,

3.1133211 as.

In the Industry, Goodwin, magi”, from Pictou—‘E. Kenny, Esq-i Mr. and Mrs. Mackenzie ; Mrs. Stems and two children; Mrs. Gordon and child; Mrs. Fraser and 'son; Mrs. Miner; Messrs. James Fraser, Hugh Fraser, Lowe and Albro. ‘ In the St. George, from Miramichi, on Tuesday lash—Mrs. Lnnrird and servant; Mrs. Pete"; Messrs. Thomson, Grudey, Fraser, Bept; Miss Johnson, Miss Layton, Miss Yates, Mrs.Mar- tin. and 6 In the steerage.

In do. from Pictou, on Wednesday last— Col. lrton and servant (Rifles); Hun. Charles Young and seivant; Mrs. LeanderSlarr and servant; Mr. F. Starr; Master and Miss Jarvis; Revds. ,Mr. Rifllietgd, ficsBand M‘Cgtiuedy; Messrs. Mackay, Rankin, Do_'|e,

- o no. , awson, ctarr Lime Cum 1 o C i . ' - kins, and 8 in the steerag‘e. , ’ Pbe I, R 5e, (yne’ ll

PORT OF CI'IJIRLOTTETOWJV. ' ENTERED. Aug. 19.—Commix, Murphy, Wallace; Limestone. Alert, Bea- ton, do.; Lumber. 2I.—lndnstr_v, Goodwin, Pictou', Freestone. leod, Dalhousie; Goods. 24.—Providence, M‘Kay, Miramichi ; ballast. 25.-—Wilham Nelson, Buskirk, Wallace; Limestone, &.c. Barbara, Lutes, Sydney; Cools, dzc. Christv Ann, Weeks, Bay Verto; ballast. Rebecca, Cdineron, Pugwush; Lime. ' CLEARED. 19.—Acorn, Webster, Pictou ; (i casks Bones, 3 do. Horns. Argn,11oivatt, Shediac; ballast. Goodwill, O‘Neill, Newfoundland; 12,000 ft. Plank,20 cords Firewood, 12 Sheep. 22.—Indusiry, Goodwin, Pictou; ballast. Ceres, White, _ Pugwush; do. 2o.——Christy Ann,VVeeks, Bay Verte ; do. Waltron, Moore, Shediac; do. Rival, Mulch, St. John’s, N. F.; 15,000 feet Boards, 8000 Shingles, 10 tons Hard- wood ’I‘imbcr, 5000 fact Scumling, 4 oasks Ship’s Blocks, 4 Ilorses.

Abeoua, Mac-

AUCTIONS.

Surveyor General’s Office, lst August, 1843-

HE Surveyor General will RE-SELL, at PUBLIC AUCTION, at the Court House, in Georgetown, on Satur-

day, the 2d day ofSt-piember next, at 12 o'clock, noon, the fol- lowmg Town and Pasture Lots in the said Town and Royalty, the purchase money thereon not Stanley's Despatch, dated 18th March, 1843, viz :—

being paid—agreeably to Lord

Nos. 4 and 14, Fourth Range, Letter A. . Nos. 11 and 12, First “ “ C.

Nos. 3 and 4, Second “ “ Nos.11.13&l4,Third “ “ No.1, Fourth “ “ Nos. 2, 6, 7, 11, I2 and 13, Second Range, Letter G. Nos. 2, 4, 5, 12,14 and 15, Third “ “ G. No. 1, Fourth Range, Letter G. /

PASTURE LOTS, Nos. 39, 43, 58, 59, 64, 66, 67, 86, 115,

Nos. 2 and 3, Fourth “ “ C. Nos. 3. 6 and 11, First “ “ D. No. 15, Fourth “ “ 1). Nos. 2 and 16, First “ “ E No. 2, Fourth “ “ E. Nos. 7 and 8, First ' “ “ F. -

F.

F.

F

126,131, 136,142,150, 158, 162, 185, 239, 273 and 291.

Lots adjoining the said Royalty, Nos. 39 and 40. GEORGE WRIGHT, Surveyor General.

LL Persons having legal demands against toe. Estate of John H. Whitc,of Charlottetown.Printer and

Book-binder, deceased, are requested to furnish their Accounts, duly attested; and all persons indebted to said Estate are required to make immediate payment.

-- JOIIN DAVIS, jun., CHARLES WELSH,

} Administrators. Charlottetown, August 7th, 1843

Ship Nuns. H. M. Schooner Fair Rosamond arrived here from Miramichi on Sunday, and sailed again fbr Halifax on IVednesday. . BlR'l‘lI. On the 17th inst., Mrs. H. D. Morpeth, ofa Daughter. 0 I 7 MARRIILU. ll tie 1 th inst., at Cnvchciul by David l’liavins, Es . J. P. Mr. Samuel Gregory, to Miss Elfza Dennis, boil-1130f Rusiido. ,

I

DIED,

' At Belle Creek, last week, in the 23rd year oflier age, Catlin- rino, the belole wife of Mr. John M‘Leod ofihat place, leaving a husband and four young children to lament her untimely de-