Few subjects have created a warmer or a more alarming interest, than the proposed alteration in the Jury Act; and the cursory remarks, which we hurriedly made thereon in our last number, must be considered, merely as the text to a more extended article. The subject, indeed, is so important, and of such universal-such vitalinterest, that we now propose seriously to discuss it-to examine, in short, most closely and vigilantly into its scope and tendencyinto its power and its policy.

The Public Meeting, convened by the Sheriff, pursuant to a requisition, very respectably signed,* took place, accordingly, at the Court House, on the 9th of June. Although not personally present at that Meeting, yet, from the concurrent testimony of numerous persons, as well as from the very full report in the Colonial Times and Colonist, it appears to have been characterized by great concord and unanimity, as well as by the expression of feelings, which, if there be any wisdom and prudence in the projectors of the proposed innovation, will, at once, crush in its shell the embryo of this impolitic and dangerous project. The sentiments, which were expressed, and so expressed, on this occasion, ought to convey a salutary warning to those young, and comparatively inexperienced possessors, of power, who do not,-in all cases of legislation, especially-take into full and diligent consideration, not only the welfare, but, to a certain extent, the wants and

* We have said that the requisition was respectably signed, and so it was: but we missed the names of several, who ought to have stood foremost in the cause,we do not mean in a political point of view, but for reasons which we shall advert to presently.

ht of every ive nur d he

e in a pena settener =

s with indignation Vie – Sonempat
æermine and destru nu primes
orld, and my aucmer ↑ J

age. But what a De MANDI
w-Is it to reduce the number of ze
*****, which I will not me I we
** seven, we shall next her of her
five to three-rum İne u
do away with Jures aitugether.
have nothing more to du, then
ane write his own verdict on the
Ge forbid, that we should live
berty-death would be far
- of reducing the Jury from
suster or improper purpose?
cherish-support them—

"Ma and manfully, for unless
vileges of being tried

of a presuming and conceited upstart, nor the studied harangue of a newly-emancipated school-boy, but the result of much experience, and the eloquent and dignified expression of an honest and an indignant heart: the wisdom and experience of the sage foresaw, in the adoption of this hateful measure, the inevitable misery and ruin, which it would entail upon his posterity. And this, too, not merely in a political point of view, but in every point of view-moral, political, or pecuniary.

As regards its political influence, however, it may be contemplated with terror and dismay,—and, to a certain extent, with horror. One of the brightest blessings of the British Constitution is, the security which it affords to the liberty of the subject: for this blessing our fathers fought and bled and conquered; and it was for an attempt to dim its brilliant lustre, that one king lost his head, and his descendant his crown-in short, it was an endeavour to infringe upon the liberties of the subject, to an extent, perhaps, not particularly oppressive, which swept away the dynasty of the haughty Stuarts from the long-inherited throne of their ancestors. There are many ways

of curtailing, and infringing upon, the liberty of the subject; and the complicated machinery of the British Government, affords many and various modes of putting these ways into practical operation. The suspension of the Habeas Corpus Act is one of these-the declaration of Military Law is another; but it has been reserved for the Crown Lawyers of this Colony to invent a third mode, by crippling the capabilities, and diminishing the protecting power, of Trial by Jury. To many persons, this boldly proposed innovation may not appear to be imbued with any serious or pernicious attributes: but we, who have pondered and reflected long and often upon these, apparently trivial matters, can see in dim and distant perspective, a vast multitude of grievous evils, inevitably consequent upon its adoption. If, as has been openly declared, the conviction of an offender,—or, rather, of a supposed offender,-be a matter of such easy accomplishment in this Colony, how tenacious ought we to be, of every means, that may tend to check and control so monstrous a mischief! We know of but two modes by which the evil can be corrected,—the incorruptible integrity and ability of the Judge, and the intelligence and vigilance of the Jury: nay, we will concede the first mode, provided the second be allowed us; for, since, by Fox's Act, the Jury are now Judges both of the law and the fact, we will rest satisfied, if the Judge will use his power of presiding and directing with meekness and moderation, leaving "the case," in every instance, to the sense and uprightness of the Jury.

In considering this question, we must, by no means, lose sight of the actual and existing state of society amongst us; and by so doing, we shall have to view the influence of the Jury Act in a light, somewhat different to that, in which it is placed in England. It is the bane of all Colonies,-and, especially, of small ones like our's, to be continually tormented by two opposing parties-the

wishes of the people. If we refer to the speech of Mr. Gellibrand, sen.,-and he has our poor, but warmest thanks for the same—we shail there find, expressed in language firm, energetic and eloquent, the sentiments of nine-tenths of the whole population of the Island. Who, that has any love or veneration for the cherished rights of his fathers, will not respond with enthusiasm to such a passage as the following?" We are met, not to carry any political measure, but to express those sentiments of attachment to the British Constitution, which we have received from our forefathers, and which we are expected to transmit to our children. Such a Meeting as this must give pleasure to every well-wisher to the Colony, and, above all, must it be a pleasure to witness the unanimity and spirit, with which we are all actuated. We have been long considered by the Home Government as keepers of convicts, and, consequently, not entitled to our rights; but the advancement of knowledge must, in its progress, bring with it the possession of those rights, to which we are entitled. It is true we enjoy some of the privileges of Britons,-I wish we enjoyed them all (cheers). We are here assembled to enter our protest against any innovation, which is likely to impair those rights. When we find men in power and influence publicly throwing out sentiments prejudicial to our dearest interests, it is our duty to make a stand. (Hear, hear) It is the right of every free man to have a Jury of his Peers; but because we live in a penal settlement we are denied that right. My blood boils with indignation, when I contemplate the attempts of men to undermine and destroy our privileges. I have lived many years in the world, and my attachment to the Constitution has encreased with my age. But what is the innovation, with which we are threatened?-Is it to reduce the number of the Jury to answer certain purposes, which I will not name? If we reduce the number from twelve to seven, we shall next hear of their reduction from seven to five-from five to three-from three to nothing; so that, lastly, we shall do away with Juries altogether. The Attorney General would then have nothing more to do, than to bring his information into Court, and write his own verdict on the back of the document! (Cheers.) God forbid, that we should live to see such an encroachment upon our liberty-death would be far preferable. What could be the intention of reducing the Jury from twelve to seven, unless to answer some sinister or improper purpose? You are called upon to claim your rights-cherish-support them— give vent to your feelings, stand forth boldly and manfully, for unless you do, you are not worthy of enjoying the privileges of being tried by your peers. (Loud cheers)."

We have quoted this passage, at length, because it embraces some of the most forcible objections to a proposal, which has roused the Colony from its ar some sense, at 1 and stirred up, in the breasts of the people, particula eir significance and importance: and more erable speaker is entitled, in every respect, to the tion. His was not the rhetorical flourish