kingston chronicle a 3jb0tt i ar nec kege nec porulo sed utfotue voi4 x saturday june 27 1829 btol1i poetry prom the london magazine school schoolfellows twelve years ago i made a mock of filthy trades and traffics i wondered what they meant by stock 1 wrote delightful sapphics i knew thestreets of rome and troy isuppdwitb fates add furies twelve years ago i was a boy a happy boy at dairys twelve years ago how many a thought of faded pains and pleasures those whisperd syllables have brought from memorys hoarded treasures the fields the forms the bets the books the glories and disgraces the voices of dear friends the looks of old familiar faces kind master smiles again to me as bright as when we parted i seem again the frank the free stout limbed and simple hearted pursuing every idle dream and shunuiug every warning with no hard work but bovney stream no chill except long morning now stoppiug hurry vernons ball that rattled like a rocket now hearing wcntworths fourteen all and strikiug for the pocket now feasting on a cheese and flitch now drinking from the pewter now leaping over chavcly ditch now laughing at my tutor where are my friends i am alone no playmate shares my beaker some lie beneath the churchyard stone and some before the speaker and dome compose a tragedy and some compose a rondo and some draw sword for liberty i and some draw pleas for jobu doe ltom mill was used to blacken eyes i without the fear of sessions charles medlar loathed fake quantities as much as false professions now mill keeps order in the land a magistrate pedantic and medlars feet repose unscanncd beneath tho wide atlantic wild nick whose oaths made such a din does dr martexts duty and muliioo with that monstrous chiu is married to a beauty and danell studies week by week his maut and not his mantoti and ball who was but poor at greek is very rich at cautoo and i am eightaodtwenty now the worlds cold chains have bound me and drkr shades are on my brow and sadder scenes around me in parliament i fill my seat with many other noodles and lay my head in jermanstrcet and sip my lock at doodles but often with the cares of life have set my temples aching xtlwn when duns await my waiting when lady jane is in a pet or hoby in a hurry when captain hazard wins abet or bcaulieu spoils a curry 1 i for hours and hours i think and talk ofeachremeoiberm hobby i loug to lounge in poets walk to shiver in the lobby i wish that i could run away from house and court and levee where bearded men appear today just eton boys grown heavy contract in the province we say that such a law as this is not only a blot on the statute book but a perpetual suspension of the habeas corpus and a libel on mankind with the operations of the one which is the main pillar of british liberty it inter feres in all cases and circumstances and as to the other it most ungenerously sup poses them to be all bankrupts flying away from their creditors if there existed no other law such for instance as the capias ad satisfaciendam to secure the rights of creditors without endangering the liberty of the subject except when that liberty be came justly obnoxious to the offended ma jesty of the laws then such a law as the lettre tie cachet in question might perhaps be tolerated but when we find the rights both of creditors and the publick guardians of the state secured by a thousand other channels flowing from tho source ofjustice we absolutely tremble when we reflect on the dangers to which we are daily exposed and begin to think that we really do not live under british protection no briton can be a stranger to the per sonal liberty which he enjoys under our glorious constitution this personal li berty says blackstone consists in the power of locomotion of changing situ ation or removing ones person to what ever place ones own inclination may di rect without imprisonment or restraint wi less ly due course of laic this liberty is i founded on the jaw of datura and the ab solute rights of man as a free agent which consists id a power of acting as one thinks fit except so far as they may be controled by the laws of nature themselves as well as by those of civil society and it is 00 tins foundation that that noble clause of magna charta is raised which provides that no freeman shall be seized and im prisoned or disseised or outlawed or any way destroyed nor will we try him or pass sentence on him except by the legal judgement of his peers or by the law of the land so that nothing can be more destructive of the real rights and liberties of the subject than such a taw as the 011c wc now complain of but it is both inju rious and unwarrantable in another res pect the instant that a citizen of the united states or of any other foreign state places his foot on canadian ground he is from that moment in truth and in fact a prisoner and must cootinue to be so until he performs tho conditions imposed upon him by the ordinance in question and by which means alone he can obtain a pass to depart in peace and security to his na tive country now in sucb an age and country nothing can be more shocking we maintain that it is a breach of the jus gentium or the law of nations and may at any time be made just menus of involving the whole pirc iu war with any foreign country dis posed to make it the ground of complaint haved with hospitality to a stranger goes to shew him another house where this hos pitality is also practised and lie is there received with the same humanity yet publish it not in gah nor in the streets of askelon the house of assembly of lower canada though thereunto moved by the legislative council have refused to pass a bill for the repeal of this barbarous laxv which has no parallel except in some of the international codes of the romans who treated commerce as a dishonorable employment or in those of tbebigotted ca nonists who determined vide blackstone at the council of melfi that it was im possible with a safe conscience to exercise any tranick or follow the profession of the law much praise however is due to those members of the assembly who declared heir willingness to unite with thccouncil in repealiug this odious ordiuance but to none more than our friend mr vigor who during his late visit to europe must have felt as well as secu the great superiority of the laws of england over those of the con tinent in this as as in other matters of international and municipal jurisprudence ft is not often that such a man as mr vi gor can extract praise from us but for his i agricultural improvement iu the whol of or provided we should again return the same members as 40 experiments then we have enough of them and will no more be compelled to forsake the good old path in which our fathers trode than the saint lawrence can be driven backwards mr papincau knows this nothing hath sur prised us more thao that he whom in par ticular we have always considered as the fast friend and patron of our muchtraduc ed cahots and upon whom as a mark of our respect and gratitude for past services we have conferred thatfeiitouscog7zrnna7 should be anyways instrumental iu impos ing burthens upon us which our fathers nei ther knew uor would tolerate but laying irony aside nothiog can be more ridiculous thak this same experimental law u is now upwards of three centuries since the continent of america was discovered since that notable discovery many a region has been traversed man a country settled and many a people fru- rished but who ever heard ofcaiivrs exceptin lower canada a french coboy settled under the auspices of a feudal and despotick monarchy there exists nouch interruption to iuterual conmunicaiioi or that they can traduce bcre as well as there and that nothing can restrain them from giving vent to their passiou for revenge however unfouuded in fact or unsuitable to their publick station this they know wil gratify some of their constituents and minister to that selfimportance which they have ever been accustomed to attach to tore we conceive that no authority how ever high canjustify a breach of strict con stitutional justice but if we can show that the investigation alluded to was be gun and prosecuted in a manner at varimce with individual honour and the laws of par liament we shall have done all that is at present incumbent upon us in conformity themselves as the great palladium of ca- 1 to the general object of these strictures nadian rights and privileges but what harm can it do to lord dalhocsie he has long since summilted the account of his stewardship to his king and his country and has been mosthouourablymost fully discharged and acquitted cape dia namely to prove the corruption and dan gerous ambition of the present house of assembly with respect to judge fletcher the in quiry arose out of a lawsuitin which the honourable snd learned gentleman was iu- mond is not more firm and solid ou its ba- 1 volyed before the court of kings bunch at sis than are the conduct and character of lord dalhousie established in the estima tion of his sovereign but besides uo thing could possibly be more unconstitu- printer ntltii bi7is tional than this bill of grievances if it be 1 paper published in th three rivers in consequence ot having fined and committed to trisou for a cod- tempt of me filas pickerni the isi colonist iw- ie district nf sr ftiii efforts on the present occasion we give it freely and cordially as to saint valliers opposition he i doubt thought that he who comes into province like himself without knowing how or from whence need entertain out mule fear or cooeeru as to the mode of withdrawing from it wo trust however that auothcr session will not pass without the abrogation of the or dinance of 1777 and that the country will no longer be disgraced or the people en slaved by a law so obnoxious to the fund amental principles of liberty and justice in the mean time we are at a loss what ad vice to give to brother jonathan when he cogitates a summer excursion to lower canada we cau assure him that the law alluded to makes a prisoner of him the mo ment he crosses the line of 45 than which nothiog can be more pretty consideably disagreeable to his feelings and destructive of the anticipated pleasures of a tourist we can also assure him that the law in question has on a very recent occasion been put in force and may be so again whenever there are parties interested who have no scruples as to the means to be a- dopted for the gratification of avarice re venge or vindictiveness wc therefore warn brether jonathan to beware of the lower canada lcltres de cachet let him amuse himself the best way he can at nia gara and the other wonders of the upper province where he will meet english laws and english hospitality but at least let the united states from east to west from north to south newbrunswick upper canada or in part of the eastern township ofloy iple mri- jll considered that the subject is already very cis in which mr fletcher i- sole judc fully before the proper tribunal and that it is cot sought to refer these latter cm- plaints to the only authority qualified to dispose of them this is no new matter but the old feeble rickety corrupt insane and bloated carcass dressed up in a new costume for the purpose of being first pa- railed at the castle and then sent ou in j be j in- iii novascutia itinerary through the country for the r 4s wtre is no principle inlaw he tier es tablished than that every court oult sole judge of its own privileges and mil punish these wh insult its dignity or trrunt its proceedings without heir sub ject to auy otlior authority the primer was of course nontwitcl jt a nonsuit either gratifies jffe nor administers much consolation re the mind mr dirk- tificatioo of briefless attorneys can-mid- j ersou tiei determined to bring his j p rovin- nothing is more conducive to civilization than tho free intercourse of nations and nothing more destructive of those national prejudices with which alas we are over run in this province but besides com merce the great promoter of national wealth and independence could not be carried on without the freest and most un restrained intercourse and with the solitary exception oichina we know not thatsucb wpjllfcv irmtsifa ifulihkrtafc olue lim permit another session of ou the i cialparl em- i tures to put one of his great toes on the soil of this nether rcgiou in the mean time we pledge our honour that both mr canada whv just for this sun oll milt hilt pit liij llftmivhh tensive countries arc englishmen or lnc descendents of englishmen who pos some rational endowment who perce advantages oven through the mists ofl who in one word construct tp winter carriages aud fix the shafts to tr in such a mariner as to prevent thefor lion of cahots we appeal to mr spk er caiiot himself whether he lassecrt even beard of any of his namesakes hav ever existed in any of the countries vo have mentioned except occasionally d ing a scarce winter like tho last one wl the canadian are driven into them sheer hunger in search of that food wm their own native indolence and apathy vent them from securing to themselves their families even under equally favor circumstances climate and soil w then expend the public money on cxp inents the folly and absurdity of wh must be obvious toevery son of adam r has half an eye in his head 1 all tha- s necessary to be done is to send one j norable member of the assembly to we united states another to novascoio a third to newbrunswick a fourth to up canada and a fifth which will mafcpsi once a quorum and a committee to eastern townships and blind and f itke wives paitentless doctors ar i drunken notaries but there was 0oi object resolutions of grievances ftm james i kempt had not yet exhibited very re- markable symptoms of sympathy for the representatives of thf pfple and it consequently became necessary not only to put his exckmjbxcy onhis gmrd with respect toftis future conduct but to convince him that if he should steer a courso deviating in the least degree from the chart laid down by the assembly be would most assuredly be wrecked on tho rock of their enmity and revenge in the same way that his predecessor had been cast away- we were glad to find from tho answer of his excellency to the ad dress of the assembly that he saw through the business and that he could not he pre vailed upon to guarranteefor his own con duct farther than promising the use of his brst endeavours to afford relief in every case of rkal gruvance ofcourse sir james knew well that grievances had been allud ed to which were not real that the grievances submitted to him were of that description and consequently that no intervention should be exercised on his part until grievances of a different nature rkaloiuevances should be brought tolas knowledge but supposing the character of the dalhousie xists the f cnge untie- r- viewc 110 charges b oug lit against lord viger and ourself will use every effort to render a visit to this province as safe and pleasant to brother jonathan as to any state of the great cisatlantick union we have no doubt some of our readers will be at a loss to comprehend what we mean when we inform them that during the late session an at was passed with the following title an act to appropriate a certain certain suim of money therein mentioned for iingerperm fc c that i could bask in childhoods sun and dance oer childhoods roses and find huge wealth in one pound one vast wit iubrokeu noses and play st giles at dachetlane and call the milkmaid houris that i could he a boy again aihappy boy at drurys for thekiogston chronicle the lower canada watchman i pro patria the late session of the provincial parlia ment continued- is the reader aware that there is a law in this province which the moment 9 stranger comes into it- renders him aprison- erfor thirty days besides the time that may he occupied in procuring his freedom pro- vided any person he villain enough with- i out sufficient cause to put him to that trouble t as british subjects we blush when we admit the fact by au ordi nance passed by the governor and coun cil of this province in 1777 it is enacted that no person whatever with the excep tion of military persons can depart there from without a pass from tho provincial secretary which passcannot be granted unless a notification of the i mended depar- turo has been put up in writing iu the se- il cretarys office u at least thirty days before the time fixed upon and masters of ves- carrying away auy person without a no matter who the person may be is table to pay all the debts such pcrsou may r general rights of mankind is to be found within the whole compass of the globe such a law neve- did and never could ex ist in england on the contrary the laws of that country shew the greatest tender ness and respect to foreigners who are at all times excepting iu times of actual war permitted to come iuto and go out of the kingdom at pleasure and while they con tinue in it and behave themselves peacea bly they are actually under the kings pro tection a to foreiyn merchants england at a great commercial country itself has always paid the strictest regard to the pre servation of their rights and freedom of in tercourse aod the great charter has been as attentive to this as to otrer sub jects of national immunities for it is there in declared that all merchants shall be safe and secure in coming into england in going out of it aud staying and travelling through england as well by land as by water to buy aud sell without any unjust exactions according to ancient aud right customs except iu time of war and if they be fa nation at war against us aud if such are found in our dominions at the be ginning of awar they shall be apprehend ed without injury ofthcir bodies aod goods till it be known to us or to our justiciary how the merchants of our country are treat ed by the nation at war aaiost us and if ours arc safe there the others shall be safe in our country this says the great lawyer whom we have already cited seems to have been a common rule of e- quity amoug all the northern nations for we learn from stieruhook that it was a maxim among the goths and swedes quam legem exteri nobis posuere candtm itlis ponemus it i very remarkable says montesque alluding to the passage which we have just extracted from magna charta aod the subject under discussion that the english have made this one of the articles of their liberty but saysthe same author in another place lhy know better than any other people upon earth how to vulne at the same tuc these three great advantages religion commerce and liberty it sacrilege says i a- for a german to shut ins door 1- whomsocver whether mg in order to ng erpe shaft to pinter carnages prevfnt literal english t w ben the jolt of a nch or carnage we are sure that those v ho know bu little of cana dian aits and illation will imagine that we hav- arrival a wonderfu pitch of civilisation and improvement w hen a pre mium is offered lhc hrsmnventor of fix ing shafts to our sleigh 00d canoles in such a manner as tol j hl jesry with his v condescension and ge nerosity being particularly anxious for the safety of the m and hgamcnls ol faithful canan subjects reader you are all in the gentle wrong and know no more about the matter than mr tiers we beg you moment 11 papiueau know of courtesy and good mau- you sepm quite bewildered and ll compose yourself for a mil e put you to rights on a sub ject of such mokentous importance ca- hot then der stupid friend meaneth nothing more iior less than a hole in the snow which composes our winter roads sometimes one sometimes two hut oftencr tl ree feet deep occasioned not only by the mode uf fixing shafts of our winter carria- ihat nothing can prevent the formation cahots but adopting carriages nd shafts similar to those of the countries alluded to this experimental business is all a nse the canadiaus themselves say so and nee through it fur they are well aware thai a dumber ofsuceeysful experiments havebn made during the last three years iu every district of the proviuce without costing the assembly or their constituents a single fractiou wo are surprised therefore that cue jttg v intneh girvfc mea sure so futile and childish they will find that it will come to no good and that like every other experiment made to eradi- cate tho prejudices of the canadians with out the express sanction and cooperation of their representatives it will plunge us still deeper in misunderstanding and dis content we come next to the grievances the peccatacorkickrk the caisasoffen- sionis tollere if ever the fable of the mountain in labour has been realized it was ill the cttine up the report of the committee nfgrievances during the late session for what do this report and the resolutions founded on it contain ab solutely nothing not a word not a sen tencenot an assertion uot a single ac cusation that was not contained in the ce- wbeie court of appeal at quebec t inwaiiin upon saint v-l- iiiiin was ua yumt lroetl mvn luut he could do thing for him without u fee of flft dffclars mr dii honestly conf d that he was posses of no such sum hut would return hon- u endeavour to procure it ii did so but the instant the ilot touched the money he candidly infkwl his ei fit that he would make nothing of ris case before t o court of appeal w added the uily lawyer go home end get up a ytition against judge fletcher to the house cr as sembly and there wr fhult uork the old ty rant now wc affirm that a member of any legal or legislative body capable of acting such a part as this ought not to be allowed to hold op his head in any decent society far less in a senate of free britons as to the truth of this statement we a yonl to mr dickcrsen himself wbij is too lam est a man to deny a fact so generally km w a throughout the province a petition was accordingly presented to ihe assembly upon the averments contained iu which the inquiry alluded to took place we say nothing to the yell of feudih satisfaction which rose from a majoriy of the assembly at the presentation 01 this pcti lut what can he more aimmi ug than he livil and judicial powers assnmcd by thai body jfsuc a system as this i persevered in and if every litigant who loses a suit io take place before be veu- i judiced though they he we venture ms ievanccs our pub ck and political rem anon that jjtf cod knows how go up ordinary coaruof law and coolly faofvjbt they will all return borne fully sr fsfitd j pjj io kdows pro j t0 believe that liie justice lien 111 pay eured exclaimed ahuonnks in his laud a- j have conceived himself cniled to u be attempt to stifle these unfounded com- these tribunals cn only be come at in plaints of grievances well might he say j house of assembly there will lean end at so knowing as he did that the evidence 1 once of the laws and the constitution and of them was collected from sources the j the assembly will become the sole tpposi- upt aud impure that ever existed j tary of the judicn1 nd i most corn the fsoint was named chairman ty irtv and even forty shillings a day bib pocket we neefl not e sorttizcu at tne or their evidence who never earned so nsidiity which he discovered iu the com- much money by an honest calling iu the mittee and the elaborate riiarcter 01 the whole course of their lives and the fact is report which he drew up 1 his is no- that these resolutions in conjunction with i t her glaring instance of the evil cflecis or thi petitions of grievances have cost this lawyers but especially jwriwutryera he- province more moucy than wonld besuflj- n i d her cient to defray the expenec of the civil list for two years but what is the re- 11 cltus cainst any man known or unknown et auiwdohcms he who hasbc- f herat monstrator hospitu es but by the form and construction of those carriages themselves and the deter- ft mination of us hi fceborn independent and enlighteued people of lower c anada not to make a alteration or innovation on the habits and customs lamed down to us by our father of glorious memory tuistrpttimmudto is part and parcel ot those lawspasmd on the rtne iugtbebarbaroiricsoflor tnd his lieutenant governor uakc aud the result will be the same first attempt wf made by an ordinance ol the governor and council o prevail upon us to deviate frm the unrseni mooc h con structingourw inter tram au lebrnted petitions of grievance presented to the king and the imperial parliament id the course of last year and then and there investigated with all due despatch and deli beration is there never to be an end of this matter is not the report of a com mittee of the house of commons is uot the iatperis0abxfi monument sufficient to gratify the keenest appetite for revenue why renew the contest in t ture we have neither time ut inclina tion atpreseut to look a second time into absolutely nothing the private the nature rud amoiiut of the charges character and public conduct of the noble against judge fletcher hut if they ro individual who was the object of this un heard of persecution have risen from the ordeal fairer and purer if possible than before and now soar aloft iu the native re gions of their own peculiar integrity des pising but pitying spurning but bewail- in the human depravity that rendered them the object of malevolence without in jury the object of hatred without n use we repeat that no distinct charge has ever been made out against this exalted indi vidual and that those who attempted to do so have been foiled aod defeated in every point being strangely fantasied rumours full of idle -uhiectdur- dorchester i uuhcirdofinthcanuass 01 fmuw we not only resisted me on ceediugs to i man but every village town cttv aud cutting off their ustia visions we intimidated into a speedy repeal d tc is country when uvni had already been opened before another tribunal where the parties are fairly at issue to say the least of it eveu if their accusations had been well- founded which wespurn and mtfy theni to prove the conduct of the assembly in tiis respect displays neither fairplay nor generosity of sentiment loru dalhou- sif was not ou the spot and if he were he would not be amenable to any aulllori- wlcn the- ry in tis country and one governor is not responsible for his actions to another but we understand the real object the astfvm were well aware that nothing willi- 1 tfiej could advance on this side of t water kaainet his lordships official conduct could prove in the least injurious to him citlicr asa governor or as a man liut tlie clamour of csutvents must unratified thtftnoo must be convinced oflbe power of the assembly and with ihcir eyes aod hear with iiiuovativ u possessed with dreams not knowing what they feavd but full of fear a considerable portion of the session was also occupied in the investigation of rievadccs of a minor and subordinate cha racter wc allude to the cases of the two juavesmessicurcskerr and fletcher no man who values the blessings of the constitution under which wo live can ob ject to fair aod impartial scrutiny into the raanuer in which the publick officers of the crown perform the duties committed to their charge provided there be good and sufficient grounds for citing them before a public tribunal and that the prosecution he commenced and proceeded in tn roviucc su y of prc- j vernncut nbtiuvtotts and tyrannical cnactn nt ere we n ll- poworfnlaitd onmpmen m1 their cars there are no limits to the power of the side the road act and atives did not rep its phl there aicno omits 10 r f ssembly that it extends from one side otthe british empire to the other that it strict regard zz2ttzl 1 in england as in with a to the rights of individuals and the sacred rules of justice it is not our intention at preent to enter into the real merits of the cases before us nor to prejudge nor condemn any of the parties ioujiestetton cither sideol the inquiry bc- ause however illegally and unconstitu tionally the assembly may have acted in giving publicity and circulation to the rc- suit jfim inquiry previous to iu comple- ia canada i lion and final determination by th i confined to and can duly he substantia trd so far only as they regard the personal treatment ofmr- dickewoni we maintfin that the assembly can exercise no jui t-ic- tiou whatever over that question because it has already been disposed of by the pro per tribunal and there is 00 principle of law better established than tfeat dp pjr- son can be tried twice for the same offence indeed when the assembly come to const dor tne report made by the committee in this case they cannot for a moment ihich to what has been said on this particular point and to do justice to the person ac- cuscd and honour to themselves they can not do otherwise thau caned thi art of the report before receiving it if they do uot act in this way law and jubtica will be immolated at the unhallowed rfftine of faction and party under the cloffk opie- c inquiry and judgtf ffeicher will have been put twice on 4iit9al contrary to the soundest maxims ef the constitution and the common law of bis country- but why is the judge so meek aud sileut under all these proceedings we call upon i in to speak out if uot inliisown at least in defence of the injured laws ol the counti y aod the just rights of every briton tte call upon him to produce the documents in hiscustody with respect to the subject un der review in particular we call upon him to produce the letter addressed to him by mr- evans the agent at quebec fo the petitioners against him slating tnrt for his own part he has no complaint to make although he was the writer 01 tho animadversions published m the british colonist and that he should never have appeared iu the charaoter of an applicant for justice at the bar of the legislature hnd he not been urged to oso as mil os to urite against the judge by the members of of assembly i let him legisla- f horse the once