at the law will be duly administered if
the power is to remain in the hands of the French Canadian population?
Speaking of the Commissioners of Small Causes, his lordship observes:--
"I shall only add, that some time previous to my leaving the Province, I
was very warmly and forcibly urged, by the highest legal authorities in
the country, to abolish all these tribunals at once, on the ground that
a great many of them, being composed entirely of disaffected French
Canadians, were busily occupied in harassing loyal subjects, by
entertaining actions against them on account of the part they had taken
in the late insurrection. There is no appeal from their decision; and
it was stated that they had in the most barefaced manner given damages
against loyal persons for acts done in the discharge of their duty, and
judgments by default against persons who were absent, as volunteers in
the service of the Queen, and enforced their judgment by levying
distresses on their property."
Relative to the greatest prerogative of an Englishman, the trial by
jury, his lordship observes:--
"But the most serious mischief in the administration of criminal
justice, arises from the entire perversion of the institution of juries,
by the political and national prejudices of the people. The trial by
jury was introduced with the rest of the English criminal law. For a
long time the composition of both grand and petit juries was settled by
the governor, and they were at first taken from the cities, which were
the _chefs lieux_ of the district. Complaints were made that this gave
an undue preponderance to the British in those cities; though, from the
proportions of the population, it is not very obvious how they could
thereby obtain more than an equal share. In consequence, however, of
these complaints, an order was issued under the government of Sir James
Kempt, directing the sheriffs to take the juries not only from the
cities, but from the adjacent country, for fifteen leagues in every
direction. An Act was subsequently passed, commonly called `Mr Viger's
Jury Act,' extending these limits to those of the district. The
principle of taking the jury from the whole district to which the
jurisdiction of the court extended, is, undoubtedly, in conformity with
the principles of English law; and Mr Viger's Act, adopting the other
regulations of the English jury law, provided a fair selection of
juries. But if we consider the hostility and propor
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