IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

^1^ U£

1^ III 2.2

2.0

IS.

^ m

1.6

•«-

Photographic

Sciences
Corporation

23WESTMAii4STRI(nl

WSBSTIR.N.Y, .'ifO

(716) S72-430j<

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian institute for Historical IVIicroreproductions / institut Canadian de microreproductions iiistoriques

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

D
D

Coloured covers/
Couverture de couleur

I I Covers damaged/

Couverture endommagde

Covers restored and/or laminated/
CoLverture restaucde et/ou pelliculde

r~~l Cover title missing/

Le titre de couverture manque

Coloured maps/

Cartes g^ographiques en couleur

Coloured ink (i e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur

Bound with other material/
Relii avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

Lareiiure serr6e peut causer de I'ombre ou de la
distortion le long de la marge intdrieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout6es
lors d'uiiB restauration apparaissent dans le texte,
mais, lorsque ce!a 6tait possible, ces pages n'ont
pas M filmies.

Additional com(7ients:/
Commentaires suppl^mentaires;

L'Institut a microfilm^ le meilleur exemplaire
qu'il lui a 6t6 possible de se pi ocurer. Les details
de cet exemplaire qui sont peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiquds ci-dessou8.

n
□

Q
D
D

Coloured pages/
Pages de couleur

Pages damaged/
Pages endommag^es

Pages restored and/or laminated/
Pages restaur^es et/ou pellicul^es

Pages discoloured, stained or foxed/
Pages ddcolories, tachet^es ou piqudes

Pages detached/
Pages d6tachdes

Showthrough/
Transparence

Quality of print varies/
Qualiti indgsle de I'impression

Includes supplementary material/
Compr^nd du materiel suppl^mentaire

Only edition available/
Seule Edition disponible

This item is filmed at the reduction ratio checked below/

Ce document est filrn^ au taux de reduction indiqui ci-dessous.

'K' '^ .^:''

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6x6 filmies 6 nouveau de fapon 6
obtenir la meilleure imagn possible.

10X

14X

18X

22X

26X

30X

{

12X

16X

20X

24X

32X

lils

lifier

ine

age

■,,. ;"■- >

■ - '**

'\ ' '^. ''■ '

:pr ,: ;■■

.'*•'

. o :■} ■

rata

lelure.

The copy filmed here has been reproduced thanks
to the generosity of:

Library of the Public
Archives of Canada

The im.s'^^s appearing here are the best quality
possib 8 considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Original copies In printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated Impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated Impression.

The last recorded frame on each microfiche
shall contain the symbol -^(meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included In one exposure are filmed
beginning in tlib upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

L'exemplalre film6 f ut reproduit grAce A la
g6n6rosit6 de:

1^ bibliothdque des Archives
publiques du Canada

Les images suivantes ont 6X6 reproduites avec le
pluc grand soin, compte tenu de la condition et
de la nette:6 de l'exemplalre filmi, et en
conformity avec les conditions du contrat de
filmage.

Les exemplaires otiginaux dont la couverture en
papier est imprim6e sont filmds en commenqant
par le premier plat et en terminant aoit par la
dernlAre page qui comporte une empreinte
dimpression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
orlginaux sont film6s en commengant par la
premiere page qui comporte une empreinte
d'imprrssion ou d'illustration et en terminant par
la dernldre page qui comporte une telle
empreinte.

Un des symboles sulvants apparaftra sur la
dernidre image de chaque microfiche, selon le
cas: le symbole —^' signifie "A SUIVRE", le
symbols V signifie "FIN".

Les cartes, planches, tableaux, etc., peuvent Stre
fiimAs d des taux de reduction diffdrents.
Lorsque le document est trop grand pour dtre
reproduit en un seui cllch6, il est film6 d partir
de I'angle supArieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images n6cessaire. Les diagrammes suivants
illustrent la m^thode.

32X

• '■ :.

APPEAL

ADDRESSED

TO HIS MAJESTY'S MOST HONOURABLE
BOARD OF COUNCIL

FOR THE AFFAIRS OF

GUERNSEY AND JERSEY,

WITH

CITED CASES OF ABUSE PRACTISED IN THE LATTER ISLAND ;

AND ALSO AN

EPITOME OF ITS HISTORY, CONSTITUTION, LAWS,
AND GOVERNMENT.

BY A RESIDENT.

■P

LONDON :

PRINTED BY MILLS, JOWBTT, AND MILLS, (lATE BENSLEY,)
BOLT COURT, FLEET STREET.

1826.

■

TABLE OF CONTKNTS

Puce

Opinions of Sir John Dumaresq, Mr. Le Breton, and Rev.

John Mallett 2

Case of John Coutnnche for wilfully shooting; at his nephew 4

Case of Charles Le Seur for murder 5

Case of Daniel Gallaghan for ditto 7

Case of Captain Frilhurg 8

Case of Poigndestre v. NicoUe

Cabot V. Peard 10

Lean v. Robinson 1 1

Moisin v. Quelin ib.

Lockwood V. Brown (bigamy) 12

Case of the harbour master (Bertram) 14

The King v. Michael Bevins 15

The King v. Arthur of St, Owens 16

Meeting of the committee of the hospital 17

The judgment of the court herein 18

Le Breton v. Constable of St. Heliers U)

Case of open smuggling, M'Gennis u Cabot ^1

The King v. Germain. — Smuggling French cows "^'2

Bertram v. Mallett. — The wager , 2;J

The change of opinion of several Judges 24

Remarks on Mr. Allen's speech '25

The charter of King John 2f)

Mr. Allen on drills and sham fights ih.

A brief sketch of the island, laws, &c 27

Law terms in Jersey and the different Courts 28

The prison 30

Practitioners of the Court , m

The cause or subject of action i/>.

On the method of renouncing 32

Rents or quarters, the nature of 33

The method of search after a man's property in the Roval

Court , jT,

/•

On separiition between man and wife ^^4

Closing reuiurks on Mr. Allen's report '*•

Code of laws of Geo. 3., remarks on 35

The Grand Coustumier, or Law Book of Jersey ilf.

Justices from England taking the assizes in Jersey in the

reign of Edward III ^^

Title of the Kings of England to Jersey -^7

Extract from Judge Anly's petition 37

Remarks of the public journals of the island ib-

Pedigree of some of the jurats of the Royal Court 38

Closing remarks 39

Ajipcndix No. 1 ^^

No. y 41

No.3 4'2

r ■//.

^ i" f «^

7- yV. ^ . y- -/ —

,r ./^ /..■■, cv.:.,/^ ^.v'V ,., rc^.^ t r _

iO.

APPEAL.

To His Majesty's Most Honourable Board of Council for
the Affairs of Guernsey and Jersey.

HONOITRABLK SiRS,

Tun existing abuses in the constitution of the island
of Jersey render it necessary that a representation of them
should at length be made to your Honourable Board, us the
supreme legislators of these islandi.

The right of petition, on the part of the British residents
in Jersey, has been declared illegal j by which means they
have been prevented from stating instances of the gross vio-
lation both of law and of justice.

It will be recollected, that in the year 181 1, His Majesty's
r -1 commission was issued and directed to three distinguished

legal gentlemen, — William Osgood, Maurice Swabey, and
Henry Hobhouse, Esqrs., Barristers at Law ; confined solehf
to an inquiry into the then method of electing jurats, which
for a long series of years had filled the island with conten-
tions of the worst description, arising from the election of
uneducated and illiterate men to that office.

In consequence of this inquiry, th«; charter of King John
was founded, which, on the mode of electing jurats, runs,
" per Ministros Domini Regis et optimates Patrice" whom
the above gentlemen reported as being the Bailly, His Ma-
jesty's Procureur, the Viscount, His Majesty's Advocate, and
the States of the island ; and that such positive law should
have its full operation and effect.

This charter, had it been strictly attended to, would have
produced the most salutary effects ; but in contravention of
it, every rated householder has been indiscriminately admit-
ted to these distinctions.

On the re-establishmciit of tliis cliartor, a very suitable
admonition was given to the inhabitants of Jersey : " Tlint
the best security for tlieir eatslwg privileges would he found
in the temperate and moderate use of them." Had this
admonition been borne in mind, the subsequent pages would
never have been pubHshed or called for •, but when the island
contains above 12,000 native British subjects,* who dare
not collectively petition against the existing abuses in the
island, it behoves an individual to do so.

Before 1 enter on these abuses, I venture to transcribe the
opinions of three eminent men, as given before the above
Commissioners ; viz.. Sir John Dumaresq, (then Lieutenant
Bailly,) Mr. Le Breton, (Procureur General,) and the Rev.
John Mallett.

Examination of Sir J. Dumaresq, Lieutenant Bailly.

Question. — " What do you apprehend to be the evils which
may result from the continuance of the present mode of electing
jurats }"

Answer. — " The evils to be apprehended from the present
mode of electing jurats are, the subversion of g')od order and
the calamities conseciuent thereunto.'' — See Commissioners' Re-
port, page 56.

Examination of Mr. Le Breton, then Procureur Gcnsral, but
now Lieutenant Bailly.

Queslio?i. — •' What do you apprehend to be the evils which
may result from the continuance of tlie present mode of electing
jurats )"

Atiswer. — '* This question is substantially answered in the pre-
ceding paragraphs." (The witness had just stated that the law
provided no restriction against the greatest possible abuse of the
power of election.) " It may, however, be added, that men of any
station in life may now be chosen to be jurats, without being in
any degree quuliKe<l to execute the duties of that office j there-
fore person? of education and respectability do not choose to
enter th*" list of unrestricted competition, and the country is
therebydeprived of their useful services." And he continues, " We
have a court couiposed oFjudgcs not conversant with the principles

* The whole population is now ahoitt 40,000, and upwards.

nimble
' Thnt
' f<mnd
id this
i would
; island
\o dare
in the

ribe the
\c above
eutenant
ihe Uev.

lillij.

\\s which

if electing

le present
ofder and
oners' Re-

isrul, but

lU which
of electing

in the pre-
hat the law
ibuse of the
men of any
3Ut being in
Ihce } there-
t choose to
e country is
tinues," We
he principles

ipwards.

and practice of the law, who, granting that they are good and
honcHtnien, will pronounce judgment according to their own indi-
vidual ideas of justice and equity. Such a practice will supersede
all law, and substitute, in its stead, an endless variety of fanciful
notions of equity j to tlie great encouragement of every kind of
chicanery, and to the great alarm and danger of all those over
whoso properties and lives the Royal Court of this island has
jurisdiction." — See Report, pages 58, 59.

Examination of the Rev. John Mallet t.

Question. — " If any abuses exist on this subject," (the electing
of jurats,) " what do you conceive to be tlie cause of them ?''

Answer. — " I conceive the causes to be many ; but I shall only
briefly observe that our constitution, having deviated from its
original simplicity has been occasionally resorted to, by ambi-
tious and designing persons, to realize their projects of interest
and self-aggrandizement, and, in its progress, has alternately
exhibited the appearance of tyranny, oligarchy, aristocracy, and
lately that of democracy and anarchy ; the classing of all which
in <lue order, and illustrating them with precise facts and clear
proofs, (which might be adduced in abundance,) would require
time, talents, much writing, and, above all, great ■public spirit ;
and, without which complete elucidation in the above-stated man-
ner, I am afraid no man, though the best intentioned an«I of the most
extensive knowledge, will ever remove the radical defects of our
civil institutions, or balance a well-equipoised political system,
whose regular motion keeps in harmony the different orders of
the community."

Question. — " Do you apprehend that any, anil what evils are
likely to arise from the continuance of the present mode of
electing jurats ?"

Answer. — "After the very improper choice already made, as
stated in answer to question the first, I certainly apprehend that
other persons still more unfit, if possible, will continue to be
elected, especially as several of that description are mentloiied
beforehand, for that purpose ; and, among the rest, one raised to
celebrity for his nightly assault of a member of the States, who,
though he swore most positively to him, and that other clear
corroborating circumstances had brought the matter home to
him, impressing conviction on the mind of the whole court, and

of all the unbiassed pnrt of the audicnco, he was, by the uiiani-
1I10U8 verdict of the preparatory inquest or endilement, without
hardly a minute's consultation, returned not guilty ; was soon
after elected constable of hfs parish, but in the States was cen-
sured by them for misbehaviour, and recently has been, through
misconduct, entirely dismissed from his office, by sentence of
the Royal Court.

" It would undoubtedly be a most fatal evil, and the worst that
could befal any civilized country, if persons of that character
were to sit as magistrates, and decide on the lives and fortunes of
their fellow-citizens." — See Report, page 68.

That the present period in Jersey exhibits such a picture,
is no more than true. Not only do the inhabitants complain
of the present system of electing jurats, but of the abuses
practised by the Royal Court, in matters where both the lives
and properties of individuals are more immediately con-
cerned. That the following cases will prove the truth of
this assertion, I think, cannot bo denied.

HOYAL COURT, Nov. 25, 1824.

Before a St. John's Jury.

John Coutanche was capitally indicted, for having fired a gun,
loaded with ball, at his nephew, Edward Quer^e, on the 3d of
September, and having severely wounded him in the thigh.

The fact of thin man being committed to prison for this
offence, is well known, and also that he avowed (as was dis-
tinctly proved) " That his intention was to shoot his brother,
with whom he had quarrelled, and that he was waiting at the
gate for that purpose."

It appeared by several witnesses, that the prisoner had fired a
gun at his nephew, when within twelve yards of him ; that the
latter was approaching the house, while the prisoner stood at the
door, and seeing him with the gun presented, and hearing him
call out " Who's there?" replied, " It is I, uncle, do not fire at
me;" that immediately the prisoner fired, and wounded him in
the thigh.

It appeared further, that there had been a misunderstanding
between the prisoner and his brother the same day, and that he

unani-
/ithout
,9 soon
IS cen-
hrough
eiice of

ist thnt
mracter
tunes of

picture,

Dinpliiin
abuses
tlie lives
;ly con-
truth of

etl a gun,
the 3(1 of

for this

was dis-

s brother,

ng at the

lad lircd u
that the
nod at the
aring him
lot Jire at
led him in

erstonding
nd that he

had dcchired to several persons that he intended to kill his ras-
vAilofa brother Henry.

On tiie return of the jury into court, the Lieutenant Bailly in-
<|uired if they were iigreed ; to which the foreman (the constable)
replied that they were of opinion " That the prisoner had Jired
the yuH, which inflicted the wottnd on Edward Querie, in a
moment oj' passion ! "

The Lieutenaujt Bailly then inquired with what intention, —
whether criminal or not ? The foreman and jury retired, when
they again returned with the following most extraordinary ver-
dict : " That it was not with a criminal intention."

The King's I'rocureur said it only remained for him to demand
the discharge of the prisoner, which the court ordered, and he
was inmiediatcly set at liberty. — See Press, Nov. 30, 1824.

On the return of the jury a second time to reconsider their
verdict, an altercation ensued, in which the crown officers
and the judges took part, as to the right of the Deputy Vis-
count remaining with tiie jury ; and upon the question being
submitted to the court, the majority decided that this officer
.should not remain with them, but merely attend them to the
apartment, to delivei' them papers, and reintroduce them
when they ivere agreed upon their verdict. This the Deputy
Viscount refused to do j and such a scene of confusion en-
sued, us was never before witnessed in a court of justice. At
length the matter subsided, by some person suggesting the
expediency of leaving the question (as to the duty of this
officer) to the decision of the King in Council.

ROYAL COURT, 6th Oct. 1824.

Charles Le i^eur was brought to the bar, charged with having
murdered Mr. Henry M'Cabe, a half-pay officer. The circum-
stances of the case are briefly these : —

Mr. M'Cabc, at the time of the murder, was an intr \te of the
house of the prisoner, who, it appears, made his visit into the
apartments of the deceased, to accuunt for his having sold to
another person a bill which he had promised to sellliim, and
also for having sold some feathers out of a bed, the property of
the prisoner. Whether cither accusation was just, does i^ot

appear ; bat trifling as was the presumed cause of offence, it led
to the most fatal results. Some altercation ensued, wi'in the
prisoner aimed a blov between the eyes of Mr. M'Cabe, who
was a weak sickly man, which divided one of the principal ar-
teries, and caused his death on the following Monday.

The prisoner, it appeared, wa? a hirge powerful man- A
Coroner's Inquest sat on the body next day, and returned a
verdict, " That the deceased had met his death from loss of
blood, occasioned by a blow received from Charles Le Seiir."

The facts being fully proved, the chief magistrate desired
the jury to retire and consider their verdict. In twenty
minutes they returned, finding the prisoner guilty of 7nati-
slaughter ; when the Court, at the instance of the King's
Procureur, sentenced him to only four months' imprisonment.
During two months of which he was treated as a criminal,
and, in the remaining two, as a debtor. The following cer-
tificate will prove, that during the latter period, he e'.ijoyed
the fullest freedom with his friends.

" Jersey, Nov. 4, 1855.
" Ij * * *,f a prisoner, confined for debt in the prison of the
above islaml, do hereby certify, and am ready to declare the
same on oath, that, at the above period, I have repeatedly seen
the above named Charles Le Seur in the debtor's prison, and to
have slept therein, and that I have also seen constant parties
going to dine with him there."

fi * * *•

The effect of this sentence of the Royal Court was such,
as to fill the breast of every lover of justice with disgust,
that more solid laws were not in force, to protect the lives
and dwellings of unoffending individuals. A subscription
for the family of the deceased was set on foot, to which
Sir Collin Halkett, our Lieutenant-Governor, contributed
with his accustomed generosity.

t The uaiiie, in the origiual, is given at lull length, but, t'ur obviuu).
reasons, is, for tLe present, withheld.

Mr. M'Cabe lel'ttwo children and a widow to lament his
nntimcly loss.

ROYAL COURT, June 3o, 1855.

Daniel Giilluglian was brought up to take his trial, charged
on the verdict of the Coroner's Inquest, " ivith having killed
his wife, by healing her in numerous parts of the body."

A majority of tlic Jury thought him guilty, but the pri-
soner appealed to the grand enquete.

ROYAL COURT, July 14, 1825.

At this sitting, the last prisoner, Gallaghan, was brought up
for trial by the graiide eDqu:>te. After reading the depositions,
(he Crown oflicers stated to the Jury, that they thought them
amply sufficient to bring home the crime of murder, or " why
had not, the prisoner ^ ''ocured a surgeon, to state that it might
have been caused in some other way 1"

Tlie Lieutenant Jiailly gave the usual charge to the Jury,
who found the j)risoner "guilty of manslaughter only." The
sentence proposed by the King's Procureur was *' pillory and
public whipping."" The Court, however, thought otherwise,
and ordered him to be whipt and imprisoned for three months,
and to be banished the Island, with an application to the
Government, (as the prisoner was a soldier,) to send him to
some condemned regiment.

On this verdict I beg to remark, the difference with
which a native-born subject of Jersey is treated, as com-
pared with persons of any other country. The sentence,
inadequate to the crime as it was, called forward universal
censure and animadversion, as the body of the wretched
woman presented a most miserable spectacle.

One circumstance, connected with this subject, cannot
escape notice — that one of the Jury, who sat on the Coro-
ner's Inquest, has since stated, that distinct evidence was
adducedy that the prisoner was heard to declare, " {fhe could
not settle her in one wau, he would in atiotliers" and that

evidence, to that eiTect, was transcribed by the proper
officer, and is now to be found on the rolls, or records of
the island.

Having fully proved to your Honourable Board the exist-
ence of abuses over the lives of subjects, I beg, in the next
place, to shew that the same evil exists with regard to their
properties. The feeling of disgust is now become so gene-
ral, that the public papers do not hesitate, in plain terms,
to assert, that justice is not to be found in Jersey.

The following extracts, from the public journals, are, I
thinkj suffic '^nt to prove it, and shew the respect enter-
tained by the public, for the judges of the Royal Court :

" Mb. Editor, — Pray, Sir, can you explain to me why it has
so happened, that a native of the island, if found guilty of the
same crime, is not punished in the same way as a British sub-
ject born out of the island ? " — See Press, Aug. 9, 1825.

" Yours,

A Sthanoeb."

A person being recommended to seek redress in the Royal
Court, made the following reply : " Do you think I am such a

d — d fool, as to go into that Court, where no Englishman

has a chance of * * * *(>"— See Press, Dec, 28, 1824.

On Wednesday last, as Captain Feilburg, of the Norwegian
ship Ceres, after discharging his cargo of timber, was passing
the spot where it was landed, he saw a man take one of the
planks, place it in the shrouds of the brig Catherine, and then
draw it on board. Surprised at tliis, he entered the vessel, and
there found other planks concealed. On demanding his pro-
perty he was laughed at. Not satisfied to let such daring con-
duct go unpunished, he r.pplied to the first police officer he met
with, to seek into the business, who told him, it was a mistake,
and, finally, refused to take any steps towards bringing the
offender to justice. Nothing, in consequence, was done. The
Catherine sailed next day, and now Captain Feilburg can say,
wherever he goes, that in Jersey his property was stolen.

tt is then demanded ^ " Where are we, and with whom have
we to do ?" We hope (it is added) that tlie police will be ob-
liged to give some account of this business, in which the cha-
racter of the country is concerned. — See Press, Sept. 21, 18';J4.

ROYAL COURT, May 26, 1825.

The King's Advocate read a latter from Mr. Poigndestre,
complaining that Edward Nicolle had more than once broken
his windows, and threatened his life. That having informed the
chief of the jjolice of the circumstances, he had refused taking
any measurf.'S, alleging that NicoUe was out of his mind.
That, in consequence of this refusal, the complainant appealed
to the Lieutenant Bailly, who sent an order to the constable to
secure the person of Edward Nicolle ; notwithstanding which,
his windows had since been broken.

The constable being in Court, evidence was ordered to be
heard.— See Press, Oct, 31, 1825.

ROYAL COURT, Oct. 15.

Poigndestre v. the Constable of St. Heliers.

This was an action for neglect of duty. Counsel was heard

on both sides, and although proof was adduced of gross ?ieglect,

the constable was simply admonished, at which, it is said, " he

smiled and took his departure." — See Press, Oct. 18, 1825.

The laws of the island, strictly speaking, are an ancient
code of Normandy; but so general is the practice of ad-
mitting suitors from all quarters of the globe, that to suit
the purpose of contending parties, the code Napoleon, the
more recent laws of France, the commentaries of Black-
stone, Bum's Justice, &c. &c., are quoted for the di-ection
of the Court, and the most pernicious and unjust decisions
arise in consequence.

Oftentimes these codes are at variance with each other.
A part of the body of jurats, on the bench, will take the
code of France for their guide j some quote Blackstone,

and others the code Napoleon, and the nuijoiity of jurats
determine the verdict.

Independently of these codes, they pretend to have one of
their own, which is openly violated and abused, as the fol-
lowing cases will prove.

ROYAL COURT, Oct. 19, 1825.

Cabot V. Pcard.

The defendant being in embarrassed circumstances, arising
solely from tl»e unsettled state of liis Irisli property, had occasion
for the loan of lO/., as a collateral security for which, he gave
his double-cased watch. The bill falling due, he renewed it for
another month, when the sum of 10s. waa added as interest for
that period.

This method of renewal continued for several months ; at
the expiration of each a fresh bill was prepared, with a similar
addition of lOs. for interest. On the last of these bills amount-
ing to Mil. 10s, the defendant was arrested and imprisoned,
and, on the above day, the cause was heard. The defendant
pleaded that he had been unfairly imprisoned, as his watch had
been sold, and tliat he had been most osuriously and harshly
dealt with. The various notes were tendered as evidence, but
refused by the court, (as also the proof of his watch being sold,)
contrary to an article in their code of laws, p. i28.

'• That, in conformity to an ordinance, by an act of the Court
of Heritage, the 23d of September, 1714, the interest of money
shall not exceed Jive per cent., under pain of being reputed
usurious." — Jersey, Loyalist, Oct. 22, 1825.

The ordinary privilege of appealinr^ to their LordHhips,
the council for the affairs of Jersey, (to whom appeals lie
from the Royal Court,) was here too expensive a process, to
allow Mr. Peard to avail himself of it ; but independently
of this, a British-born subject is required to give two secu-
rities, who are bound, in an enormous sum, to meet the ex-
penses of the appeal. Thus, for want of this security,
(which is seldom to be met with,) this privilege of appeal is
worse than useless, (except to the opulent ;) and the party

is ol)lig>'d to content himself with Jersey decisions, and to
suffer imprisonment.*

ROYAL COURT, Sept. 18, 182 J.
Lean v. Robinson.
The defendant, in this case, was a widow la;ly ; and in the
year 1818, hi company with plaintift', liis wife, and several chil-
dren, cmlf^rated from Guernsey fur the United States of Ame-
rica, borne accounta necessarily accrued hetween the parties.
After a laps*.- of eight years, the plaintiff (wlu) had returned to
Jersey some years previous to the defendant) sued her for n
halance of 18/. To this she ple^ided, that she had years since
(in America) discharged the plaintiff's accounts, which she
offered to prove. This account of the defendant's, acctniipanied
with regular dates, the court refused to admit ; whilst the plain-
tiff was permitted, on his oath alone, to prove the legality of
his claim. The court, therefore, gave the plaintiff a verdict
with costs.

This decision was met with astonishment. The defendant
was ready to swear to the correctness of her set-off, and fur-
ther wished to have availed herself of the acknowledged law
in Jersey, " That every claim shall he suhstantiated on the
oaths of two disinterested witnesses." This was also re-
fused her, when she was committed to prison, where her ad-
versary may, according to law, detain her for an indefinite
period.

ROYAL COURT, July 16, 1856.
Moisin V. Qurlin,
This action was brought (by power of attorney from France)
to recover a sum from the defendant. The first objection taken
by the defendant's counsel was, as to the competency of the
court, — on the grovd, that the transaction having originated in
France, where the defendant had become bankrupt, the courts

* According *•■ Jersey law, a debtor, withnut real property, maybe im-
prisoned fifty years, tlicre bciug rso law wliicli admits him to surrender,
as wilt b« hereafter se«it.

of another country could not take cognizance of n transaction
antecedent to that event. The court, iiowever, decided it was
competent.

On this question tlie defendant's counsel quoted some French
authorities in support of his argument, and produced Mayor »
Notaries^ and other certificates worthy of faith and credit, to
shew that the bankrupt hud regularly submitted to the laws of
his country. The court paid no attention to these authenticated
documents, but condemned the defendant with costs, from
which he has appealed. — See I'ress, July 16, 1825.

Can anything more be wanting, to prove to your Honour-
able Board the total want of justice in the Royal Court of
Jersey, and how fully the present Ueutenant Bailly's senti-
ments and predictions are verified ?

^J'he next case for consideration is a most singular one,
;is it shews how far the Royal Court regards the morals and
habits of men.

ROYAL COURT, (Full Bench.;) May 31, 1825.
Lockwood V. Brown.

The plaintiflF, in this case, was a captain's widow, and bad
been married, in the year 1820, to the defendant, in the Isle of
Man, (knowing him to have a legal wife living,) where he left
lier and came to Jersey j and where, in the year 1824, the de-
fen<lant entered into a partnership business, and sent for Mrs.
Lockwood. The request was complied with j but, to her sur-
prise, on landing, she found the defendant cohabiting with his
first and legal wife, which led to the present action for main-
tenance.

The defendant, not regardless of Mrs. I^ockwood, made her
an immediate offer of 25/. a year, which she was advised to re-
fuse, insisting that she was entitled to half his yearly income.
The court, at first, thought his proposiil sufficient ; but, after-
wards, required the defendant, in addition, to give security for
the payment of it during his life.

How far they were justified in this verdict, the following
statement will shew : — It appeared that the defendant pos-

sessed no real propevty, hut simply the yearly sum of 100/.
arising from a funded capital entailed on his children. The
defendant further was ready to pay one year in advance,
vnth costs, and also the 25/. as it became due. To this
arrangement the Court refused its concurrence, until he
could furnish the required security ; for want of which he
was sent to prison.

To shew the imprudence of this verdict of the Royal
Court, the plaintiff has since left the island in extremely
embarrassed circumstances, arising chiefly from the expenses
of this ill-advised suit, which she was unable to discharge ;
so that the defendant will shortly be at liberty, and the ends
both of justice and of Mrs. Lockwood be entirely defeated.

One other question in this affair may, with great fairness,
be asked: — How could the two crown officers (His Majesty's
Attorney and Solicitor General, who were both engaged in
the above suit) be discharging their duty, on oath, to His
Majesty and the public, in passing so notorious u case of
bigamy unnoticed ?

That these gentlemen must have known it, is beyond a
doubt ; for the two females in question were, at the time,
publicly and familiarly talked of by all ; naj/, if required, it
can be proved that the circumstance of Mrs. Lockwood
not being the legal but the second wife of Mr. Brown, was
well known to one of these gentlemen, by various letters put
in his possession declarative of this part of the case.

Having thus far pursued the decisions of the Royal Court,
in matters of no little importance, I next beg to follow them
into their assemblies, the States, and the Bench; where it
will be found their dissensions lead to an open violation of
His Majesty's commands and orders in council.

At a meeting of the States, 3d of February. 1824, the President
communicated the receipt of a letter from His Majesty's Lords
of the Council for Jersey and Guernsey, read by their officer as
follows : — '

" Council Office, Whitchally 2.3d Dec. 1823.

"Sib, — The Right Honourable the Lords of the Committee
of Council for the uffiiirs of Jersey uiul Guernsey, hiivii)|r had
under consideration ii petition of Philip Bertram, Harbour-
Muster of the Port of Mont Orgueil, in the island of Jersey,
complaining- of his having been nominated Harbour-Master of
the said Port from May, 1823, till the end of the year only, in-
stead of three years according to la~o* and praying to be heard
by Council, and that the States may be recjuired to suspend their
proceedings in tl\is matter, — >

" / have it in command from their Lordships to transmit to
you a copy of the said petition, to be laid before the States
of the said island, for their answer in writing thereunto forth-
with; and I am also to signify their Lordships' directions, that
the said States do in the mean time, and until the further
directions of the Lords of the Committee, suspend all proceed-
ings in this matter.

" I have the honour to be. Sir,

" The Lieut. Bailly, " Your most obedient humble Servant,

"Jersey." (Signed) " C. Gkeville."

This express order, it is scarcely to be believed, would
have been met with either opposition or contempt. But we
find the constal le of St. Martin, in a meeting of the States,
3d of Feb. 1824, convened for taking the above letter into
consideration, proposing Mr. George Baudains to f.!l the
situation.

The question then was put to the voice, when, strange to
relate, there appeared for Mr. George Baudains Id ; against him,
1 1 : majority, 4.

The President refused to sanction this proceeding, and annexed
his entire dissent at the bottom of this Act, which was to be sent
nb an answer to their Lortlships' letter, remarking to his learned
coadjutor-' and allies, that, by the adoption of it, *' the States
had, in the first place, not only acted in contradiction to a
positive law, but aimed a blow at the royal prerogative, by the

* An established law aii'l rn-der in (Council to iliis eflfect, dated 18th of
Sejitember, 18 Ki.

nomination of Mr. George Baudaina, contrary to an order of
the Lords of the Cownci^."— See Constilutionnel, 7th Feb. 1824.

It is worthy of remark, that upon a former debate on the
election of Harbour-Master, one of these enlightened judges
proposed " that Mr. P. Bertram be re-elected Master of the
Port of Orgueil, for the period of three years from October,
1823."

Another member of the States proposed, by way of
amendment, " That he be elected for the remainder of the
year only."

This amendment was carried by a majority of three, the
above jurat having actually voted against his own motion.

ROYAL COURT, 19th Jan. 1824.

The King's Advocate v. Michael Bevins.
Michael Bevins was called on to answer the complaint of Mr.
Godfray, SherilF, for having grossly insulted this odiccr, whilst
doing his duty. Amongst other expressions, he had called iiini
"an impudent fellow ."

Counsel and evidence being heard, the Court was about
to give judgment, when Mr. Godfray, interrupting him, com-
menced some observations.* Judge NicoUe, upon this, called
him " un impudent" or impudent fellow, for thus daring to
interrupt the Court when it was giving its decision ! ! ! Mr.
Godfray then saluted Judge Nicolle, by saying, " That after
that, he could not of course condemn Bevins, when both he
and his Judge were on the same footing."

So much for the respect a Sheriff in the Royal Court of
Jersey pays to an individual sitting there in his official capa-
city as Judge.

The next case is the imprisonment of the Chief of Police
of St. Owen's, replete with that party-spirit which is calcu-

• An ev»ry-day occurrence in the Court of Jersey, wlicic, after both
parties i»avc been heartl, Advocates and Shcritl's again interrupt the Court.

If)

lated, sooner or later, to annihilate the remaining privileges
of the island.

ROYAL COURT, July 5th, 1825.
The King v. the Chief Officer of St . Owen.

ThU was an action by tlie King's Procureur for the payment
of about 45/., being the assessment on the above parish for the
proportion due for the maintenance of the poor at the Hospital.

The Court, after hearing the case, onlered the defendant t<i
fmd bail or go to prison, \vhi(;h ended in the latter.

ROYAL COURT, Saturday, July JUh.

The imprisonment of Mr. Arthur, for refusing to pay the
above sum, hud created much interest, as the appeal to a full
Court was refu«ied him, although the following express Order in
Council, pleaded on the occasion, grants this privilege to all
suitors and in all cases : —

At the Court of St. James's, ^6th March, 1729.

After the preamble, the Order runs thus : —

" That the said Court of Jersey shall proceed in a legal man-
ner to hear, determine, and give judgment accordingly, with
liberty to either party who shall demand the same, to appeal
therefrom : ixnd that tliis should be a general standing onler
to be observed, not only in this case, but in all causes for the
future; and (he Hailiff and Jurats of His Majesty's said Royal
Court of Jersey, and all others whom it may concern, are to pay
a strict regard to His Majesty's pleasure, hereby specified, and
not presume, in any rase whatever, to deviate therefrom.

(Signed) " Euward Southwei,i.."

The facts of the case are simply these, and arose out of a
parish squabble : — One party insisted on making a rate,
which the other party had, by an ^ct of the Royal Court,
procured to be suspended as partial and unjust, and intended
to produce an influence on an election, then soon to taite
place, for constable. Thus foiled, recourse was had to a
loan, on the credit of the poor-rates ; which loan was again
opposed, but being sanctioned by the full Court, the other

})iuty appealed against it before the King in Council, vvitli
nhoHi it rests.

The above sum was due from this parish to the General
Hospital, which Mr. Arthur, as above stated, was not enabled
t«) pay ; and the present action was instituted to bring the
point to an issue ; but the question appears to be, whieli
party sliall be able to hold out the longest.

The evil that here exists, as in all civil matters in the Royal
Court, is, that judgment can be put off to almost any period ;
for .s'U" years ago this very suit was first instigated, and, at
this moment, the matter is as far from a decision as ever.

IVo gross absurdities in this case appear: first. That the
Uoyal Court sanctioned the suspension of the rate ; and,
secondly, That having thus deprived Mr. Arthur of the means
of levying, they not only, contrary to law, refuse him, an ap-
peal from their decision, but permit him to be arrested and
ini))risoiied.

We here see the dreadful effects of party-spirit in Jersey,
which not only involves a whole community in dissension,
but sets both law and justice at defiance.

HOSPITAL, 27th July, 1825.

The Committee of the Hospital sat this day, when Mr.
Arthur, addressing himself to Judge Pipon, (the President,)
demanded if there was any act of the Committee which autho-
rized the Procureur du Roi to sue and arrest him for the amount
<lue from his parish to the Hospital.

Judge Pipon observed, " There was no act of the Committee
hy which the King's Procureur was charged to institute pro-
ceedings against him."

Judge D'Auvranche remarked, that " although there was no
act, yet he understood the President was engaged to charge the
King's Procureur to institute this suit."

However unauthorized the arrest of Mr. Arthur appears
to have been by any proceedings of the above Committee,
(who, of course, alone could warrant such a step,) yet such
arrest, we see, did occur, and Mr. Arthur was actually im*
prisoned.

ROYAL COURT, Sutunlay, ICthJuIy.

On this day the parties again appeared in Court before a full
Bench, when every one (particularly Judge Pipon and the King's
Procureur) denied instituting the above suit against Mr. Arthur.
At length the following curious verdict was adopted and de-
livered from the Bench ; —

" It having appeared that the said Chief of Police is deprived
of the means of supplying the demands made upon him for the
maintenance of the poor, the Court is of opinion, in order to put
him in a situation to pay the said sum of 45/., and to continue to
supply the wants of the poor, that the jtidgment of the inferior
number* of the 21th of June be reversed, and that the said Chief
of Police be directed immediately to levy the rate rectified at the
parish-meeting of the ^^d of December, and which was ayain
suspended by an act of the inferior number of the '24th of Dec.
1824, upon the remonstrance of Mr. Philip Du Ueaume, which
remonstrance has not been prosecuted."

Mr. Du Heaume, it is to be remarked^ is the partisan of
one party, and Mr. Arthur of the other ; and on the 23d of
July following, this verdict was again opposed by another
remorstrance of Mr. Du Heaume, with thirty-two others, pre-
sented by the King's Advocate when the Cotirt again ordered
the suspension of the rate.

The further we follow this most oppressive case, the more
absurd are its proceedings. One party rescinda the acts of
the other, while the poor themselves are in the mean time
the sufferers.

The following is an extract from Mr. Du Hcaunie's peti-
tion in consequence of this last decision : —

" Your petitioner humbly submits that no reason of expediency
can be received as an excuse, on the part of a Court of Law, for
so glaring a departure from established forms, and froin the
most obvious principles of jurisprudence."

Fn another part of his petition he complains that some of
the jurats, Charles Le Maistre, of St. Owen's, and Philip

• The full number of jurats is twelve ; the lowest number which can sit
is three, and is called by this appellation.

I n full
King's
Arthur,
ind de-

eprived

ft)r the
r to put
tinue to
inferior
id Chief
'd at tlie
rs atjain

of Dec.

:, which

rtisan of
e 23d of
another
ers, pre-
i ordered

the more
e acts of
ean time

lie's pcti-

xpediency
t Law, /or
[ from the

it some of
,nd Philip

rhich can sit

d'AuvergiiP, Esqrs., wore parties interested ; from whom, on
that account, an impartial judgment coidd not be expected.
He further proceeds to shew, that three other jurats were
related to the above gentlemen, who also joined in the former
numerous decisions on this ease.

One remark on the justice of this part of the complaint,
and wc have done with it. One fact is notorious, that most,
if not all the jurats, are connected with each other, or with
the leading men and merchants of the island. We are well
assured of this, that an English Court of Justice would be
most tenacious on this point ; but, from the present system
ill Jersey, a removal of abuses can never be expected but
from British interference; p, prayer for which is there, as
unanimous and frequent as it is reasonable and just.

To prove that a cause in Jersey may be protracted to an
indefinite period, I need only quote the following case out of
numerous others : —

FULL COURT, 3d June, 1824.

Le Breton, jun. v. the Constable of , St. Helier's.

The Court had given a singular judgment, in this cause, in
the year 182.3. Mr. Le Breton had reclainiejl the right of
licensing innkeepers on the Manor or Fief of La Mottc. This
decision was opposed by the Constable of St. Hcliers, and the
aflfair sent back to a Full Court. On the 2d of October, 1823,
this cause was pleaded. Mr. Anley demanded time to consider.
On the 9th of October the Court decided, " that those who had
a knowledge of the manner in which licenses to innkeepers had
been formerly disposed of, should be convened."

Mr. Le Breton demanded an appeal direct to His Ma-
jesty in Council (" mais appel en fbi de cause seidement ") j
but an appeal at the end of the cause only was granted him.
He then declared he would there appear as Doleant ; but,
some days after, he relinquished this, and declared his rea-
diness to proceed. The cause was again sent before the
inferior number, to collect evidence.

msm

Tlic 1 9th Noveniher Mr. Duhiimol, the I'onstable, was
regularly summoned to appear, and hear evidence. The
witnesses were entered in default in the presence of the j)ar-
ties, who made no ohjection to it.

May 24, 1824. — ^l^he depositions of the witnesses were
taken and corrected in presence of tlie constable, and the
aflfair again sent before the full Court.

May 28. — Tlie cause was to have been judged, ai.c! was
called for this purpose, when Mr. Duhaniel presented a re-
monstrance, (a practice well known in Jersey when the
Court is about to decide, which causes a delay of another
two or three years,) in s/liich he demanded the Court to
annul .all the acts and proceedings in this suit, seeing that it
had adjudged the re-sending it before the inferior number to
correct the depositions in his absence.

To this proposition Mr. Le Breton opposed the acts of the
Court, which contradicted the assertions of the constable.

.June 3. — Jiulge Nicolle now demanded tihie to consider,

and the Court was divided thus : —

To reject the remonstrance and proceed to the me-
rits of th« cause - - - - - .'i

To admit the remonstrance

Majority 2

" Thus it is admitted," (said the King's Advocate,) " in prin-
ciple, that one party can continue a proceeding up to the mo-
ment {' la cause sera 7nure,') the cause shall he ripe or rcaihj
for trial, when it is demanded on the opposite side to begin the
process, de novo, which now may he adjourned, ad injinitum,"*

This is not the only cau'^e, if time would admit enu-
meration, in which the Royal Court have displayed their
method oi" dealing justice. One instance of this sort we

* In licensing tavern-keepers also ffreat a1)iises exist. This we know,
that in une instance an Englislinian, on paying the usual fee to tlie Gief-
fier of 21. As , had also to pay a certain Lord of a Manor the enorniuus
sum of 10/. — See Appendix, No. I.

laiolv to have been protracted in this way for seventeen
years and upwards.*

Need I quote more from the records of this island, to prove
that a revision of the present mode of legislation there, is
re<jiiired and loudly called for, not only on account of the
iiduibitants at large, but of strangers who visit this interest-
ing mercantile spot.

One case, as concerns the contraband trade of the island,
must not be passed over in total silence, and without (at
present) naming others of a n)ore important nature, shall be
given uo it occurred.

ROYAL COURT, June 27, 1825.
3fGcnnis v. Cabot.
Tlie plaintiff in tliis case had his portmanteau on board the
defendant's vessel, which, on his nrriving at her port of destina-
tion .'US missing. The industry of the plaintiff enabled him to
trace the contents of it into the hands of defendant, who had
offered them for sale in Jersey, and he brought his action to re-
cover the value.

The witnesses having proved the facts, the King's Advo-
cate, on behalf of the plaintiff, insisted that his case was
completely made out, and that lie was entitled to the amount
proved to have been in the portmanteau, in silk goods and
tobacco, (40/. and upwards,) and 20/. damages laid in the
remonstrance, with cosis.

The defendant's counsel thought the plaintiff must be non-
suited, as the goods ivei'e contraband, not only in England,
" but by an Act of Parliament" registered in the island, so
that the shipping such goods rendered the vessel and the
pro|.erty liable to confiscation, and the action would not lie.

The King's Advocate was about to reply, but the Court
thought it unnecessary, and gave the plaintiff a verdict of

* This case at h!"* Milled in a suit of equity, wlicre the bill remaiued
fuur years without any answer bein^ put in.

40/. with costs, but not for the 20/. damager. from this
verdict the parties appealed to the full Court, where the
cause may rest "^ ad it\fitiitum," which is the fate of nearly
all appeals to the Aoyal Court.

Probably no where but in Jersey would be found a body
of men who would dare openly to infringe an acknowledged
law of a country which they profess to obey, and a crown
officer advocating a cause of open smuggling. Was it not
his duty to have caused a seizure of the property under the
Act of the British Parliament above quoted ?*

In a criminal point ot view, ought not Cabot, (on whom
the property was found,) to have been prosecuted as a felon ?
Ought His Majesty's crown officers to have overlooked this
part of the case ? But we remembered that we are in Jer-
sey, where His Britannic Majesty's flag flies, and where his
commands are too frequently a dead letter.

ROYAL COURT, Nov. 15, 1824.

The King v. Germain.

The defendant was brought to Court charged with having
French cows in her possession. But on her asserting that she
had bought one at the market, and the other of the neighbonr,
she Avas acquitted.

The King's Procureur thought the proof as to one was admis-
sible, but not so as to the other, i^nd demanded that the de-
fendant should be condemned to pay the usual fine.

The Court, however, acquitted her. — See Press, Nov. 23, 1824.

The number of cows exported last season from this island
was above 1 800. We naturally ask how is it possible the
island could produce that quantity ?

I cannot forbear following the Royal Court of Jersey into
a case, in which they figure still more ridiculously.

* 'Hie facts of this case have been also reduced into a more positive
form, and would vary the Hue of a certain Sheriff, were they more fully

i.evclopcd. — See Appendix, No. 2.

FULL COURT, April 29, 1824.

Bertram v. Mallett.
Mr. Charles Bertram actioned Mr. John Mallett to withdraw
a levy made on his property for the sum of 960 livres, (about
40/.,) being the amount of the following bill.

Jersey, May 26, 1821.
" I, the undersigned Charles Bertram, promise to pay to Mr.
John Mallett, the sum of 960 livres,* (cours de Fra.-<:e,) in case
Mr. George Bertram should obtain forty legal votes, in the
parish of Grouville, at the next election for a jurat.

(Signed) " Charles Bertram."

" Witnesses, P. Perrot,
P. Pellier."

The bill following, which had been produced by Mr. Ber-
tram, was also read.

Jersey, May 26, 1821.

"I, the undersigned John Mallett, promise to pay to Mr.
C;harlos Bertram, the sum of 240 livres, (cours de France,) in
case Mr. George Bertram should not obtain forty legal votes in
Ills favour, in the parish of Grouville, at the next election for a

jurat.

(Signed) " John Mallett."

" Witnesses, P. Perrot,
P. Pellier."

Mr. Bertram's counsel had two points to submit to the
Court in opposition to the payment of this sum. — First, that
his client had not received any value in exchange for the
!)il], and on that account the amount of it could not be re-
covered. Second, that the tenor of the bill itself proved
that nothing had been reimbursed.

To prove this, he read extracts from Burn's Justice, as
also Ferriere, (an ancient work on the Laws of France,) an*
added, that the Roman Laws were not less contrary to it.
After some further observations, he demanded that the levy
made on his client's property should be abandoned.

On the other hand it was contended, there was no law hi
Jersey to prevent the levy on the property being made in
favour of Mr. Mallett. That Acts of ParHament of Eng-
land preventing wagers, or otherwise, were of no force unless
registered in the island.

Judge D'Avranche " did not wish to encourage such steps ;
hut as there was no law in Jersey to render them unlawful,
he should vote for the levy being made in favour of Mr.
Mallett."

Judge De St. Croix was of the same opinion.

Judge Anly said, " having examined the question, and
found there is no existing law to prevent this wager, 1 shall
vote for the levy already made for Mr. Mallett."

Judges De St. Owen, De Casteret, Pipon, Benest, and
D'Auvergne, were for overruling the levy, when there finally
appeared in favour of Mr. Bertram a majority of two.

Mr. Mallett, on this decision, furnished two securities to
bring the affair before the King in Council.

FULL BENCH, May 1 1, 1825.

Bertram v. Mallett.

" Judge Pipon here announced, that having reflected on tlie
judgment he had pven on this cause, the 29th A[)ril hist, he
demanded a . uspension of the inroiment of the act of the Court,
as he wished to retract his opinion then given in favour of Mr.
Bertram, and to place it in favour of Mr. Mallett."

Judge Anly also, with the works of Blackstone in his hands,
quoted the English Statutes on the illegality of wagers. " The
law being positive on the subject, he should change his opinion
also J and instead of voting for Mr. Mallett, vhicii he had done
on the 29th April, he shoiUd now vote for Mr. Bertram."

Judge De St. Croix made the same change, and voted also for
Mr. Bertram.

No more instances, I think, need be adduced to prove the
truth of the assertion ; that abuses, (and gross ones too,)
exist throughout the whole constitution of the island of Jer-
sey ; the task of exposing them has been fearlessly under-

taken with a view of promoting tiie public f?ood ; every case
introduced will be found to be supported by facts, which the
most determined lover of the present system can neither
shake nor overthrow.

At the time His Majesty's commissioners held their im-
portant commission in Jersey, it was confined solely to the
manner of electing jurats, which, from time to time, had
wiilely deviated from that laid down by the statute of King
John J but had they inquired into other civil abuses, is it
not to be believed that many would even then have been
found ?

Mr. Allen, the defender of their privileges on the above
occasion, pleaded all that could he said on behalf of the
native industrious race of men in Jersey. 'Hiis I fairly grant
him, that the labouring class are the most sober and in-
dustrious men in the world, but the spirit of j)arty and of
faction has crept in amongst them, and, like a pernicious
plant, has scattered seeds of disc(»rd and discontent.

The same learned gentleman, in his address before the
conimissioners, asks, " 1/ there arcany actual abuses inJerscy^
why are they not prosecuted ? The law is ever open to pro-
secutions." This I also admit. But is it justly administered ?
Do not the before cited cases prove the contrary ? This I will
venture to assert, that there is scarcely a Native-British sub-
ject, at this moment, in the island, who can say he ever
found it to be so.

" The King of England (says ISIr. Allen) ever appears to all
his subjects the fountain of g.ace, of mercy, of bounty, and
beneficence. The King can pardon, but will he condemn or
take away ?"

But, on this very occasion, what was His Majesty's answer,
" Tliat the best security for their existing privileges, would
be found in the moderate and temperate use of them."

I will now ask, has this advice been followed ? That they
have been most immoderate and intemperate, in the use of
their privileges, I think is clearly proved. Have they not
broken His Majesty's orders, — nay, his very Acts of Parlia-

lueiit ; and aimed (as Sir Thomas Le Breton justly re-
marked) " a bhw at the Royal Prerogative ?"

The famous charter of King John, the much boasted
charter of Jersey, declares, " That suits arid/tg out of the
island, cannot be prosecuted in it." But when we find sub-
jects of England, of France, and of the United States of
America, enrolled on the list of suitors who weekly crowd
the court-doors of this island, can it with propriety be said,
that they make a right use of their privileges. Do not these
facts prove the contrary ? Do they not prove that they not
only disobey the acts of his present Majesty, but those of his
Roval Ancestors ?

To increase their claims, as a free and well-disposed peo-
ple, Mr. Allen adds, " That every inhabitant is liable to be
called out to the water-side to repel the invading foe, to
perform drills and sham-Jights ; all this we perform gra-
tuitously, /rom a sense of honour ." In reply to this, let me
ask, from what source does the furnishing of ammunition,
clothing, &c., arise ? Is it from Jersey ? Again, is not
every Englishman, as soon as he sets foot on its shores
as a resident, alike liable to perform these sham-JightSf or
pay the sum of one pound ? How many are there to be
found doing this ? Are there not some hundreds ? We
may fairly ask, how then is this money applied ?

One other point connected with this subject is, that no
Native-British subject (except he may have married a native
of Jersey) is admitted to the honour of a commission. Nay,
is it not a practice to harass and drive him to the ranks, if
he cannot, through interest, be allowed to pay the above sum ?
Notwithstanding this, even Frenchmen are to be found in
the military ranks.

Reverse then the picture, and see what becomes of natives
of Jersey, when they set foot on the free shores of Britain.
Are they not placed on a like footing with Englishmen ? Do
they not even enter into the army and navy, where they
have an equal chance of promotion, in common with every
British subject ?

I :

ta^

B?sm

Having now stated the merits and claims of Jersey to
British protection, and the valuable use hitherto made ofit^ I
next proceed to give a brief outline of the island, its consti-
tution, laws, and government.

This island (which for the most part is fertile, and sur-
rounded with scenes the most picturesque and romantic)
stands in forty-nine degrees ten minutes of north latitude,
and two degrees twenty minutes west longitude from the
meridian of London.

Its length s about twelve miles, and its breadth seven.
On an immense rock which commands the whole bay and
town, stands one of the finest and best fortified forts or gar-
risons that an island can possibly present, and is known by the
name of " Fort Regent."* In front of this, is Elizabeth
Castle, about one mile from the town, (situated on an im-
mense rock in the sea,) which adds to the fortification and
security of the town and its inhabitants.

The trade or coniniercp of the island, with almost every
foreign port, is lieyond conception. The harbour is one of
the finest a mercantile country can produce. To judge, in
someway, of its immense commercial connexions, I need only
state from the public returns, that \\\ one quarter, 370 mer-
chant ships, of all denominations, entered this beautiful port.

The number of parishes is eleven, besides St. Heliers the
capital. (St. Heliers, since the year 1811, contains double
the number of inhabitants, and by far that number of new
built houses.) Each of these parishes elects an officer, (a
constable,) who reports to the Court (as a body) its pro-
ceedings, and represents it in a meeting of their states, as a
member for any county or borough in England would his
constituents in a British Parliament.

Before the reign of King John, there are neither docu-
ments nor tradition to shew what was the constitution of
Jersey, further than that it was part of the Duchy of Nor-
mandy, after the alienation of the rest of that duchy from

Tliia furt was an expense to Govcrnmctif of 100,000/. and upwards.

tlio crown of England. In tlmt reign, certain constitutions
and provisions were made l)y tlio king, for the islands of
Jersey and Guernsey, whereby tliey were constituted " duo-
dcchn coronatores jnrati ad placita et jura ad coronam
ypectantia cmtotieiida ;" and it was further provided they
should be " electi de hidigeiiis imnlarum permiuistros domini
regis et optimates patri<£."

Thus twelve judges or jurats, equal in number to the con-
stables, are elected for life ; this is not, however, the case
with the constables, whose office is triennial.

The states (composed not only of the jurats and con-
stables, but of the Lieutenant-Governor, the bailiff, or his
lieutenant, the dean and clergy, and the two crown officers)
meet according to exigencies accruing in the island, and
display the most jarring principles of party spirit. The
clergy oftentimes asserting their supremacy over affairs not
only of a spiritual, but of a temporal nature.*

The Royal Court is of a twofoltl nature, being sometimes
formed by the Lieutenant-Bailly and two jurats, who com-
pose what is called the inferior number ; and, at other times,
by the Lieutenant-Bailly and all the jurats, who are called
Corps du Cour (or full Bench.) From the inferior number,
appeals lie to the full Bench j and from the full Bench, to
His Majesty in Council.

This method of appeal from one court to another, though
protected by the Order in Council, of the 26th of March,
1729, is oftentimes violated and withheld. f But, connected
with this last appeal to His Majesty, is an evil which
renders this privilege worse than useless, except to the opu-
lent and rich, who are alone able to provide two securities to

* As a proof of this, I need only refer to a charity school, which, witli
its funds, has fallen into disuse tliese last twenty years. There is also
another school with lands, both under an especial charter of Hen. VII.

t On one of these occasions, tlie individual wishing to appeal, was a
subject of His Majesty; but it can be proved, that even His Majesty him-
self, or rather his customs of the island, have been distinctly refused this
|)rivilcge.

itlOllA

ids of
(hiO'

onam
they

omini

c un-
case

; ^

* \

■ 5

»;

2J)

iiieot tlie expenses attendinc; it, whith a Native-British suh-
jeet, from various causes, can scarcely ever procure.

Two terms of hiw only are known in Jersey, and not four,
as in England. The first opens on the first Saturday pftcr
the 1 1th of April, and closes on the 5th of July, and is called
the Spring Term ; the second opens on the first Saturday
after the 11th of Septemher, and closes on the 5th of De-
ceinher annually.

There are also four courts of law called, La Cour d' Heri-
tage, La Cour de Catel, La Cour du Billet, and La Cour du
Sainedi.

La Cour d' Heritage is a court that admits of no causes,
hut of an hereditary nature, such as partitions of estates, of
co-heirs, &c. The opening of this (/ourt is accompanied
with much formality. The Governor, the Bailly, and the
Jurats, enter the Cohue (or Royal Court) with the royal
mace carried before them, surrounded hy a guard armed
with pertusians. All gentlemen holding fiefs of the crown,
hy sei-vice, attend and answer to their names. The advo-
cates, &c., renew their oaths. The prevots (a sort of petty
constable) also attend, to give an account of all escheats,
forfeitures, &c., to the crown.

La Cour de Catel decides disputes about chattels, move-
ables, and arrears of rents. But the great business of this
C(mrt is the adjudicatiri of decrees.

La Cour du Billet is an extraordinary court, established when
decrees grew so frequent, and took up so much time, as hardly
to leave room for other business ; whereon matters of less
moment, as arrests, distrains, &;c., were removed to this court.

La Cour du Saniedi, or Saturday Court, is another extra-
ordinary court, and, properly, a branch of La Cour du Billet.
In term-time, it is appointed principally for the King's causes,
(rents due to the King, which, by His Majesty, are allowed to
the Governor, of whom the receiver farms them.) Out of
term, this Court takes cognizance of causes relating to navi-
gation and sea affairs, breaches of the peace, and other daily
occurrences.

Their law and other officers are, the grcffier or eustos ro-
tolorum. The viscount or sheriff, and his deputy, with two
denunciateurs or deputy-under-sheriffs. Achled to these are
two centeniersiu each parish, who act \\\ the ahsence of the
constahle or chief of poHce. Seven advocates, (inchiding the
procureur and avocat du roi,) sixteen scriveners, and eleven
notaries.

In criminal matters only, the prisoner is tried hy a jury of
twelve, called the j)etite enquete, from which an appeal
lies to the grand enquete, consisting of twenty-four persons.
The punishment, in cases of forgery or murder, is generally
the pil'orv, and hanishment from the island for four or five
years. This latter method of punishing offenders, is now
hecome very general. A criminal, on heing apprehended,
admits his guilt, and, at lux own request, is hanished to
England, (a pretty complement to the mother country.) So
that, in fact, a depraved vagahond wishing to (juit 'lie
island, commits a crime, appears before the Royal Court,
pleads guilty, and is sent to England.

The prison, where may be found innumerable inmates,
stands in a healthy part of the town ; but, from its admitting,
under one and the same roof, both debtors and criminals, it
presents scenes hardly credible. The apartments of the
former are directly over those of the latter, and on that
account admit easy access. The prisoner Le Sueur, com
mitted for the murder of Mr. M'Cabe, is here a case in
point.

But last of all, on this head, is it not surprising that a
prison, so filled as it now is, has not the advantage of a cha-
pel, in which to perform divine service ? The English cler-
gymen here have often noticed this most material want of
prison discipline, and have voluntarily offered their services
towards the attainment of so desirable an object. But no !
so carelessly is the Sabbath in Jersey attended to, that there
is still this want of divine worship. On this day, also, are
held, all elections for jurats, constables, and centeniers, pre-
senting scenes the most riotous and drunken.

The observance of this day, in other points of view, is ns
little attended to, as in the preceding instances. Boys, par-
ticularly on days of election, may be seen at pitch and toss ;
' others pursuing the pleasing amusements of the chase ; and,

last of all, intoxicated voters closing the scene, at the nearest
public houses.

I next come to remark on the practitioners of the Royal
Court, and the amount of which it takes cognizance, whereon
bodily arrests (the only process for persons not possessing
real property) always follow. Here almost every officer,
- Sheriff, Scrivener, or Notary of the Court, is permitted to

f practise, all of whom are the known adherents of a party

called tlie Laurel, or Court party. The other is called the
Rose, or opposite party ; and persons suspected of belonging to
it are liable to much annoyance. These insignia (the Laurel
and the Rose) are the standards of Jersey, and are displayed
on all occasions, whenever an election takes place j at which
time partisans from all parts of the island generally at-
tend. But there is no law (observes the present Lieutenant-
Bailly, page 2,) " to prevent the greatest possible abuse of
election."

The subject or cause of action extends from about four
shillings, and upwards to any amount ; so that when a suit is
carried to the Royal Court, the expenses are often more than
ten times the original amount. Independently of this, we
find an additional evil. On going to a hearing before the
Court, you are compelled to pay an Advocate the sum
of one pound, which fee (as admitted in a petition to the
Lords of the Council by Mr. Anly, one of the jurats) can
never be afterwards included in a bill of costs ; so that sums
under one pound cannot, in point of law, be recovered from a
defendant, inasmuch as the remedy is evidently worse than
the disease.

Bodily arrests also arise on occasions the most frivolous
and vexatious. Rent may be sued for before it becomes
due, as well as bills or notes of hand, on which security may

be demanded as soon as they are p;iven ; for want of which,
imprisonment generally follows.*

The greatest cruelty in the laws of Jersey, is that observed
towards insolvents, who, should they not possess real pro-
perti/, may be innnured in prison for life. They cannot (as
in England) either renounce or resign their effects, but are
compelled to await the pleasure of their creditors.

One remark on the metliod of renouncing must be I'.cie
noticed. An insolvent, (with rents.) finding himself no longer
able to meet his creditors, throws himself on the protection
of the Court, and becomes secure for twelve months : at the
expiration of which he is compelled to surrender, when de-
crctants are chosen, (chiefly Advocates or Sheriffs,) and a
decree is declared. During these twelve months, many trans-
fers of personal property take place. A decree implies that
all parties interested arc, by three proclamations, (and a
fouith peremptory) cited to come in and insert in a list, their
several demands, on pain of expulsion ; when they are called
in order, that is to say, the last creditor first, and so on,
retrograding. The last creditor is asked, w "-ether he will
substitute and put himself in the place of the cessionary, (or
insolvent,) and take the estate, paying the debts that are
older than his, or give up his demand. This being unrea-
sonable, is of course refused ; till at last someone, sufficiently
low upon the list, takes upon himself the remaining respon-
sibility, and is declared tenant.

By this iniquitous practice, the creditors are debarred an
equal share of the bankruj)t's effects. A case in point exists
now in the island ; as extensive a one as ever was known.

One other serious evil arises : that real propertv is subject
to be reclaimed after an elapse of seven years, wi'utever im-
provements may have been made thereon. A case of this

* A well-known case exists, of a Chelsea Pensioner now in the prison of
the isliind, of wlioin rent was demanded a «|uarter of a year before it was
due. His c roils uere sii/ed, himself inijirisoned, and his junsion-nioney
arrested and detained.

kiiiil occurred in March last, where a piece of ground was
purchased and built on. The itidivichial, rather than hise
the wliolc building, destroyed it for the sake of the materials,
and restored the ground in its j)riu)itive state. That similar
iustiuices are again likely to occur, cannot be (h)id)ted.

We next inquire into the nature of what they term, rents
or (piarters. The value of a ([uarter is, generally speaking,
IG/., though, latterly, it has been much enhanced. It is
divided into cabots, or sixtoniers j so that six of these latter
make one cabot, and eight cabots one quarter.

In a purchase, the value of a house, &c., is estimated at a
certain numljcr of (juarters or rents ; and, in most sales, a
fourth of the purchase-money is only paid, and the rents
remain on the premises, as being so many rents due to the
original vender, which circumstance, often gives rise to much
dispute. In many cases, these rents are paid off, except a
Kent Fonciere, a fund originally constituted , on property;
so that, in whatever hands it falls, tlie possessor for ever
stands liable for the payment of it.*

A person, therefore, possessing rents, may renounce and
proceed to this decree, but not without them. The transfer
of property, also, is attended with no little inconvenience,
and certain days in the term are appointed for it, when both
parties appear before the Court, and declare their assent to
the transaction contained in the contract. This document
is registered, and an accoimt kept of it in a book for that
purpose, to which puhlic access is allowed on paying a small
sum ; so that every curious iii((uirer may busy himself about
the affuirs of his neighbour. A separate page is kept against
every owner of rents, and not a single transaction occurs
without the knowledge of the Royal Court.

One other abuse also arises from this mode of search into
a man's private affairs. If, during his occupation, one indi-
vidual becouics bound in a bond for another, search is imme-

• Tlicrc is auotlicr species of rent called Retrait Lignager, a like incuni-
braiu e.

tliately made into liis traiisactio;:*, wlien an action is scut him
to confess the same in Court ; and this chiim is cntned
against his rents, which he eannot afterwards sell or dispose
of. Oppositions or caveats maj Ite entered as a harrier to
his disposing of Viis property, if he is supposed to be in
disadvantageous circumstance In Jersey, property cannot
be freely disposed of, nor can the owner raise money on it, Jis
in England, where these facilities often replace an embar-
rassed person in " solvent situation.

By will, also, no man cari disinherit his eldest son, who
monopolizes the chief part of his property, (however unde-
serving,) to the great prejudice of junior branches of the
family.

With respect to the ecclesiastical affairs of the island, op j
thing is much to be re'Tptted, that separations between
man and wife should be so readily permitted, and that all
jurisdiction with respect to them should have been transferred
from the Spiritual to the Royal Court. Many have been led
to inquire the grounds of this alteration. One object has
undoul)tedly been to assist insolvents. Transfers of their
personal property can now be easily effected ; for in Jersey,
whatever be the wife's at the time of marriage, can never
afterwards be claimed by the husband's creditors.

I would now beg, in conclusion, to follow Mr. Allen, before
the Royal Commissioners in 1811, in some of his leading
remarks on the subject of electing jurats, according to the
charter of King John, which had been and still is openly
violated.

Mr. Allen commences thus : —

" Your Royal Commission, I find, is grounded upon a recital
of a representation made to tiie Crown, that evils are likely to
arise from th;^ |jiesent mode of electing jurats. All is surt.'iise
oud apprchensio7i ; nothing like facts. "

That I have stated nothing but facts in the preccdi.ig
pages, I contend is beyond contradiction; such facts, indeed,

him
ort'd
pose
r to
■)e in
nnot

t, JIS

bar-

wlio

iiuU'-
tlie

as the public journals ot the island corroborate, and which
documents Mr. Allen hiniself acknowledges, in his Report,
to be " the parliamentary reports of Jersey, and the best
evidence and highest authontT/."

He further proceeds to state, that His Majesty's (Geo.
III.) code of lav/s for the said island, bearing date 1771,*
reduced into a regular system all its former written laws j
" liy which distinct repeal," he observes, " all the undigested
mass of ancient contradictory acts and orders has been
swept away."

This I beg lo deny ; for these very ancient docuirents, and
this contradictory mass of orders, are still retained and che-
rished as the very offspring and bulwark of Jersey judicature,
and continue to be (juoted by the Royal Court.

If the above-mentioned code of laws be sufficient for the
present government of the island, how is it they are fre-
i|uently at a loss for decisions, and quote lilackstone, Burn's
.Justice, Ferriere, and the Roman laws ! ! !

If this be not the case, how is it that we see Judges
returning into Court a week after having given their
decision, and with one of the above works in their hands,
retracting their opinions, and pronouncing a judgment
diametric'''.lly opposite to that which they had previously
given ?

If we need further proof of this, am I not fully and amply
borne out by the declaration of one of these Judges, who
stated, when sitting on the Uench, (see the case oi Bertram
V. Mallett,) " that although he did not wish to enco''.age
such steps, yet seeing there eodsted no law which rendered
vvage-s i"egal, he would levy the amount of the bet for Mr.
Mallett."

The law of Norman Jersey, says Mr. Allen, as contained
in V.\e Grand Coustumier, prescribes, " fonte chose qid est
propos^e en conr sens temoins, estjug4e pour vaine; mcan-

• At this |ii'ri()d, (as at the present), immerous abubis existed, some
of which the British Parliament inquired into and corrected.

ing, that every at'tioii proposed in Court without witnesses is
judged as vain, " So that (continues Mr. Allen) no man
can be deprived of a single shilling of his prr)perty without
first a formal averment of the cause of action, and then a
strict proof by two witnesses."

That even this law is violated, I think I have proved, in
the case of Lean u. Robinson, (page II,) which latter in-
dividual was co!ivicted and imprisoned on the oath of the
party alone. — Where, then, were the two witnesses ?

In the case of Cabot v. Pcaru, is there not a decision in
direct opposition to an article in the code of Jersey, and
which entailed much misery on this latter person ?

Having, therefore, argued "from facts," as Mr. Allen de-
manded, I contend that the period is arrived for a change in
Jersey. " If (says this gentleman) we are to have a change,
change us altogether; give us English laws, English judges,
and English trial by jmy; — Anglicise us completely."

To prove that this was once the case, I will quote one
very remarkable piece of evidence, which Mr. Allen himself
has adduced, — a fact that ought not to be overlooked, but
che--shed as a proof, that English liberty and laws existed
once in Jersey.

" During the reign of Eiivvard III., justly called tlie English
Justinian, we have frequent instances of the Justitiarii, the Jus-
tices of Eyre, connng over to Jersey from Westminster Hall,
' ad assisas capiendas,' which supports my assertion that the
laws of England and Jersey were at that time substantially the
same." — See Mr. Allen's Report, page 33.

If, then, this most incontrovertible proof can be adduced,
why are not the laws in Jersey the same as in England ?
Why do they not improve in the former, as well as in the
latter ? Can any reason be given why British subjects in
Jersey should not be protected and benefited by the laws of
the mother country ? The ecclesiastics of the island have
long since acknowledged them ; why, then, should not the
laity ?

In this king's reign these islands were for ever separated

, in
in-
the

i 1 0111 continental Normandv, Ijv his cession of that country
to V\u\\\) de Valois, King of Trance, in the famous treaty of
iiit'taigny.

It is clear tliat the kings of EngUmd ever held these islands
by a higher title tlian that of Dukes of Normandy, as unless
they had possessed them by a royal title, Henry V. could
not have granted them to his brother John, Duke of Bed-
ford, in full sovereignty ; nor ^ould Henry VI. have created
Ilonry lieauchamp (Duke of Warwick) king of them.

Surely, then, such a separation from Normandy, and the
• itie of His present Majesty, are sufficient to prove that he
alone should enact and have his laws carried into full effect
ill these islands.

Before 1 finally close my remarks on the existing ab\ises in
Jersey, 1 beg the indulgence of your Honourable Board whilst
J trans late the opinion of the patriotic Judge Anly on this
nil nei. -s (juestion, as given in his Petition to the Lords of
tiK .; . ., dated 14th February, 1823 :—

'• Although (says he) I am ready to concur in the correctiun
of some abuses which are unfortunate It/ introduced ; nevertht-
/c.is I am so strongly attached thereto, that I would not see
touched the basis on which they repose." — Soe Appendix, No. 3,
as to the new market.

Private opinions in Jersey are no longer concealed, but
openly promulgated, as will be seen by the following extracts
from the public papers : —

British Press, 26th April. 1825.

Some persons froin London have reported that a new c(,..e of
laws was prepar •; '-a Jersey. Such a change would be most
desirable, with ' ■■ x.' extended foreign commerce and an in-
creased populafic;.. . ul Ttproved state of society.

The Royal Court i^s.g?^^ have answered, in some degree, the
purposes for which it was established, but, in the present state of
the island, many new cases arise.

In vain sliould we look to the Royal Court for Judges to
whom decisions can now be referred, therefore, in conunon
with the natives of Jersey, we should hail with satisfaction

'o8

the laws of Eiigiaml, Uic presence of an Englisli Judge, and
an open bar.

Such a change would relieve the Lords of the Council
from three -fourths of the appeal causes from these islands,
which now occasion great annoyance to their Lordships, and
harassing delay and injury to the suitors.

GazpJte de Jersey, iAth May, 1835.
Sjjeakiiig of the great advantage wliich France has derived
from lier code of laws, the Fditor of this Native (rjizette adds : —
That the pcasession of a written law, and " Vcstablisscment
d'unejurie en maticre civile," are the best safe-guards of an en-
lightened people, ^^ jaloux de leur libertc ;" and furtlier adds,
" nous avous des abus a c 'npr et des loix a changer" (we
have abuses to correct, and lut '• want changing.)

And where, says another Editor, " can be found fairer game
than those Magistrates who have been so often described as
enliyhtened and immaculate } Mr. Le Maitre, the premier of the
learned Bench, began his career as a cabin-boy, and when he
grew older, was udniitted to the honourable oflice of cook to a
Jishiny establishment at Newfoundland, and some say he oc-
casionally displayed his abilities in preparing cod fish for the
maiket."

" These qualifications entitled him to a seat amongst the vene-
rable distributors of justice. Mr. NicoUe began life as clerk to
a vender of stockings ; and Mr. IJenest, (following the humble
footsteps of Mr. Le Maitre,) miyht have become an able-bodied
seaman, which no doubt (pialified them for judges and states-
men.— Press, Oct. S.*!, 1825.

I now close these remarks on the constitution, laws and
government of the Island of Jersey, convinced that I have hdly
estrablished the principle with which I started, that tlierc
never was a period uh'ich more loudly c(dlcd for ilie inter-
ference of your Honourable Board than the present.

It has been proved that murders, forgeries, felonies, and

istibbatli breaking, too often escape the just punishment of
tlic hiw ; and no native British subject, 1 am persuaded, can
be at'(|uainted with the island t\velve*months and be ignorant
of the truth of this assertion. In this beautiful and delight-
ful spot, where nature has prcided so admirably for its
protection and defence, is jiustice to be withheld ? Time
alone will prove how far insults have been directed, injuries
iiitiicted, and injustice practised, upon a numerous people,
subjects of His Majesty.

That Jersey was once honoured with the presence of the
Justices from Westminster Hall has been clearly proved,
and also that England has the exclii we right of gimng it a
governinent and laws. That it again may witness that
honour, is, 1 am persuaded, the anxious wish of every lover
of truth and justice now residing in the island.

A Resident.

1 '

APPENDIX.

No. 1.

Island of Jkrsky.

" Before one of the magistrates of the Royal Court of the

said island, hereunder subscribed personally, appeared ,

\vho, freely and most solemnly, maketii oath and sailh, that in

the month of February last, he applied to , junior,

Esquire, Lord of the Manor of , for a license to autho-
rize him to keep a tavern in a dwelling-liouse occupied by this

deponent, belonging to ; that the said license bears

date the eleventh day of February last, as appears by a (;o[)y

thereof in the jjossession of the said , and worded as

follows, (translation from the French.)

" I, the undersigned , junior Lord of the Fief and

Manor of , hereby certify having given leave and li-
cense to , in the parish of Saint Heliers, to keep a

tavern, sell and retail all sorts of wine and spirituous liquors,
cider and beer, from this day until the abandon of the winter

sea-weedB of the next year, the said regulating and

governing himself according to the ordinances, and paying the
duty of tavernage. Given at Saint Heliers, this 11th day cf
February, IS'^S.

(Signed) " junior.

" Lord of

" And this deponent further saith, that for the aforesai(' li-
cense he was charged the exorbitant and unheard-of sum o' ten
pounds, which he paid to the said , Junior ; and not-
withstanding the said document, he, this deponent, further saith,
that an additional sum of two pounds four shillings was de-
manded of and paid by this deponent to , of the Royal

Court of the said island, a copy of which license is worded as
follows, (translation from the French.)

M,i

'• Thii IQUi day of February, 1825, received of Mr. — — ,

tavern-keeper, licensed by the Lord of , the usual fees

tor his license to sell wine, spirituous liquors, cider, and beer,
until the abandon of the winter sea weeds of the nextycir.

(Signed) " ."

" And this deponent lastly saith, that on inquiry, the same is
an unusual claim, and a usurpation on the original and ttqcient
rules and customs for granting licenses in the said island, and
believes that no instance can be found where such an exorbitant
and unheard-of claim has been made on a person being a native
thereof.

(Signed) " ^^ -."

" Sworn at St. Heliers, Jersey, this 4th day of June, 1825,
before me,

" Thomas PinoN,
Magistrate of the Royal Court of Jersey."

No. 3.

Island of Jersey.

liefore one of the magistrates of the Royal Court of the said

\^\i\\\\\ personally appeared , who, oa his oath saith,

tlial in tlie month of , he had lost silks and tobacco to

some considerable amount, which he had traced into the hands

of . That, on presenting a written representation of

the whole transaction to — — — — , the General, aiul to

Mr.

, junior, sheriff of the said island, the same was

undertaken by them, to commence an action against the said

— • , for the recovery thereof, for the price or sum of tea

lK)uiids ; with this condition, that if they did not recover the
pro{)erty or value thereof, they would seek no recompense

from this deponent, who further saith, that , one of

tlie custom officers of the island, is a principal witness on behalf

of the said , and that no person or persons aforesaid,

knowing the same to have been shipped, (thereby becoming
contraband,) attempted to seize or confiscate the same.

(Signed) " ."

" Sworn at St, Heliers, Jersey, this 4th day of June, 18'25,
before me,

" Thomas Pu'on,
Magistrate of ti.c Royal Court of Jersey."

No. 3.
Mahkit Repout.

No. 1 answered to the question, that he was put in possession
of his stall by the committee of markets.

— 6 answered, that he was put in possession, without paying-

anything, by the deputy viscount.

— 14, that he had paid 9(J0 livres to the deputy viscount.*

— 15, that he had paid the sum of 1680 livres.

— 27 refused to answer.

— 34 answered, he had paid nothing, but was given possession

by the deputy viscount.

— 23 refused to answer.

— 22 answered, he had paid iOOO livres, and pays the annual

sum of 120 more.

The name of the deputy viscount is Mr. Philip Le Gallais.

Mills, Jowctt, Ic Mill*, (lateBentliy,) Bult-court, Fleet-street.

*""

ssessiou

t paying

It*

jssessioii

le annual

ais.