Cover |
Save page Remove page | Previous | 1 of 4 | Next |
|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
|
This page
All
|
Loading content ...
E ^SZ3 xL~* 2 /O -^ THE . e/l ewfmmMamd l*indieator. E THE BARK OF FREEDOM TO IIER PORT, DESPITE THE THREATS,—TIIE BLANDISHMENTS Or COURT oricsfmcE hold the scales,—support the laws, MAWTAJ-^Tire MONARCH'S AND THE PEOPLES TO d\d KELIOIOX-SOFTEH PAXTY'S RAUEi TO V»fDICATE TU' OPl'KCSSED, TIIElf* TANGS ASSUAGE. THIS, THIS WE AIM ATl.NOVSCOLVMN'ni-ACE, T1IIS HE OUR HOPE IH YOUTH, OUS SOLACE IN OLD ACE! v TUKDAY. APRIL 30, 1842. AFFAIRS IN GIBRALTAR AND NEW FOUNDLAND. (From the True Tablet.) ' / Tndtfr the heads of " Colonial Coi-reapon- deuce" and " Catholic Intelligence," our readers will see, this week, some curious illustrations of. the condition of lhe Catholics in thc two colonies of Gibraltar and Newfoundland - The intelligence -from Gibraltar is'truly disgraceful to the a inherits of lhat colony. Wt have every reason to believe that the despicable big-otry which our correspondent describes IT by iio means sanctioned by the colonial thoriiies it home ; or, al any rale, by lhe noble lord who now presides over the colonies, nn*d who, with'all his faults of temper, all his deficiencies as u statesman, and al) his inherent fondness for arbitrary powcr, is.not the man to, sanction the low and vulgar brutality which signalizes tli e-gov eminent of Gibraltar. The petty intrigues, the spiteful malice, thc constant vexations Vhich form thc daily bread of lhe village tyrants and obscure bigot-, undefr anil,| attention of our readers, ^^^^^^^^^^^ rable length in cuother colunih. They relate istrution of justice. It will hardly be believed when we state it, that in that colony, n which the Catholics form sd respectable, in- -sirs; t Nil. nnd numerous a portion ofthe community, Mere w not one single barrister—we believe not one single Icjjal practitioner of any- kind—in whom the Catholics have confidence. By lhe constitution ofthe colony the Judges have the power, on bein-r satisfied ofthe deficiency of prop.-rJy qualified lawyers, to allow ' ymen well educated and intelligent to undertake defence of iheir neighbours' causes But the Judges seem to he in a conspiracy to uphold be Incompetency of the bar. It is universally felt thai the Newfoundland bar is deficient, not merely in numbers, but in efficiency. Not oily ng in tho confidence of its Culiolic clients, but it does nnt even enjoy the confi- lence of those who have no religious or party feelings to make them suspicious of its merits. and the lower functions of her temple cuuragcmcni j nnd, from the prevalence of the iously and purposely maintained ,in a|crcdit system, many of the latter are often little | andtl pBludioui.j r...r___v -g^^a^^^^^^^^^^^^a^^^^^^^^^^m^^^^^ me of corrupt inefficiency. This is one oftmnre than tho mere serfs of the Merchant, ; matters that requires the very pressing and while lhc Shopkeepers of the opposite o of the Noble Secretary for: from whom lhe Catholic" Vicar-Apostolic has* [t docs not posse-.*3 the confidence of the late had, and -Mill Mm. to sufl"**--, u—■ mOOk congenial Chief Justice himself. - i to his lordship's habits of mind. In lhc pur- In April, IS3S, when Chief Justice Boult. suit of some great party object, in.carrying utit .vas charged beforo the Privy Council, ainoap soine great scheme of oppression, Lord Stanley other thing with "disregarding the decorum, ifj may show marvellous 4ittle forbearance—as "not lhe decency, wliich aught to characterize Ireland can testify. .But, after all, if he likes!,; a Judge," by having "acted as his tyranny, it is on a great scale j and, if no belter."scl iri an action commenced by him"—what feeling actuated him, hc has, we believe, too 'was Mr. Bouhon's defence 1 Neither r. much pride to degrade the great powers in-slessthanthe inefficiency of the bar'; w trusted tohim, by employing them for the gra-in his own words:—"At St. John's the Prac- tification of the spite nnd ill-condition malice of.titidners (including the Attorney General, why a set of vulgar personages, with whose.feelings!conJ«cw nothing but official business) do not —id objects be can have no sympathy whulev— " *"" He may pass coercion bills and disfranchi Kingdoms : but he would as soon think of so lacing his leisure hours hy catching blue-bottli flics and pulling off their legs and wings, as o wasting his time and perilling his reputation by going snacks in thc persecution of a bishop, with a crew of godless wretches, whose umbi tion looks no higher than the ' netting of a hansomc income out of the profits of sacrile] and fornication. Of Lord Stanley's under S cretnrics, indeed, und their organized system of jobbery, in which, as in a quicksand, the good intentions of so many colonial Secretaries have been swallowed up, we shall fay nothing These people are creatures ofan equivocal generation, und not ofa very nice morality. Bui certain we are that Lord Stanley dues not approve, nnd will not sanction, the h-athsome manoeuvres against religion and monlity of the underlings and intriguers of ""Oibralta they are described by our well informed trustworthy correspondent. But we from Gibraltar for ihe present, and coi Newfoundland, to lay before our readers* the state of things in that colony—for which'm-iiht the present Tory Secretary of State, nor t! present Tory ^Governor is. bo far as we kno. directly responsible in lhe smallest degree. There is, indeed, in thc colonies a gigairftc-ay tern of misrule, the ramifications of which ex--f tend from tho underlings of Downing-s'-reel to the meanest settlement in tho most unfrequented ship-track on the ocean. There is a vast organization of evil, lhe parent^of local evils evei increasing, in magnitude and* amount, which requires a thorough reform nnd overturn, or one by one separated from us. There is an immense complexity of abuses, which everyone admits ; which every one laments, either in sincerity or hypocrisy ; und which every one despajfs of unravelling. These thin-js lie more or less deeply at the root oT every locnl squabble that occurs in cverydistantpossession; nnd how far every minister who posesses thej pjwerof introducing abetter system, or improving the present bod system, is or is not responsible for all, even the smallest and moat transient evils which may flow from his neglect to use that power, we shall not nt present inquire. Wc are content to remark, that for the existing condition of Newfoundland Lord Stanley's present administration is in no way responsible; and that Sir John Harvey has, since bis arrival to that Island, done much to calm and sooth down the excitements that pre-, — -■-■-- -I exceed Five in number, thrkf. ok whom .nearly ENGROSS THF. WHOI.F. BUSINESS IX COURT." The evil of this mate o( things was, of course mo-it keenly felt by the Catholic population, who, out of favour with the bar, nnd out of fa. vour with the bench, sood, and now stand, very poor chance of obtaining fair and coin justice in the courts of law. To remedy ih evil mnny efforts have been made. There is well-informed and well-educated Iny gentleman in the colony, a Mr. Nugent,"a Catholic, who has lhe good fortune lo possess the confidence of his fellow Catholics, and of his neighboutt Igetternlly. He has been several limes a member of the Legislative Assembly, nnd in various ways has received proofs of the cstimati which his character is held by those who best know him. For nine years has ihis gentleman been Irying to induce lhc Judges to admit him, layman, to the bur, fu pursuance ofthe powei tpressly vesteJ in lhcm for such an emergency. For nine years have the Judges refused to do so, acknowledging all lhe while the cxi tence of these powerc, and the personal qua lications of ihe applicant. Once or twice ll [question hns been disposed of by a side win On another occasion it was sagely referred to the bar lo vote on their own competency. And finally, on Christmas-eve, 1841, the Judges perpetrated their last refusal, on the ground that one or two ofthe incapables already kno- Newfoundland practitioners are even now very ihert of business and of fees. In vain arc petitions and addresses poured in from different parts of the colony in his favour. In vtthi hai a bill been passed by thc House of Assembly to endow him with the privileges of a barristei In vaiiVs it shown thnt suitors (oi complainants! rather) iv ill not try to enforce their rights because they have no confidence in the person, to whom their causes would have to be entrust ed. Nothing can prevail <ipon the Judges to do juslice to the colony, by admitting to the *iars of theircourtsa man who, in his double character of layman and Catholic, they hate with a hatred at once professional and devout. Our readers will see from our Caiholic Intelligence- how immediately and directly the clergy of Newfoundland are Interested in theabatcment of this foul nuisanse. In the mean time we lay this conclusion before our readers, that until thc bar of Newfoundland shall be rcmoddled, the inhabitants of that colony, and more especially the Catholic inhabitants, have no security for the protection of their persons and properdin the courts of law. Justice is there placed hnve received, durfng the present week, s of Newfoundland papers j ana among these in Agricultural paper, established under the rpices of Sir John Harvey, who is lending his .verful influence in tHat Island, in aid of the] Ittvation ofthe soil;—the oniy true source of rraancnt prosperity in nny country. "■Ye observe, by these papers, that his Excel- already drawn down upon himself the ituperation of thc Compact party in that colo- n consequence of his having appointed a iolic gentleman of the name of Doyle, to be tipen.liary IWagistrote - and, occasionally, same foul article from the St. John ChPbnicle] ii.'eopted into a paper of thc same stamp, foi tpesjpUrpose of administering to the malevolen apifctie of the clique in that quarter. This being the case, we are Induced to no lice a mis-statement that uppcirs in the lasi Chronicle, in which the first personage in this Province, is described as having s tare J, that the sumof £1000, voted to SirJohn for Provin- al contingencies, "had not been used for the public service." An assertion which His Excellency never made, nnd conveying a meaning which he never intended. It will be recollected, thnUihe House of As- sembly nppij-f-J for information upon thc subject, which His Excellency declined communicating; •-tating lhat lhe -aim had been expended,' "not ns a public account-" This expression has been warped to serve u purpose, and if possible to give a currency to the Chronicle's mendacious*, islander. - The first appointment which Sir John rnadt after-'his arrival in Newfoundland, was from the parly who have been here so busily-employed in endeavonring "-^blacken and defame his character*; his second was that which we have already staled, and which, while it affords; assurance of thc impartiality of his tidtninisli tion, has aroused, afresh, the ire of the faction, whose selfishness knows no bounds; and whos. attachment tothe government of the counlry isurate -villi its gratification. „ W)t Blntfltntnv. ST. JOHN'S, SATURDAY, APRIL 30, 1S42. TIIE SPECIAL JURY SYSTEM. In closing our article On lhe IGlh tilt., upon this vile System, we observed upon the illegality of having Servants nnd Bankrupts empannelled upon iheSpccialJuries- Wc stbted that this was, per se, illegal, even if the Rule of Court did not limit the qualification to thi Principal .Merchants and Gentlemen.1 We showed that a *' defect of libektv" was one of the strongest objections to n Juror, and that "he cannot be\ tliber and tegdlis homo' "io wasthe Bondman of another," and prosed lo give an illustration in our next, t, on last Saturday, inadvertently omitted it. The Panel, at present, consists of the names of Merchants, Merchants' Clerks or Agents, and Shopkeepers ; nod, in a small community like that of St. John's, it is not to be wondered at, -where almost all of these arc—perhaps by accident, hut whether by accident or design, they are so—all of one Party ; it is not to be ivondered at that the Merchants' Agents, and Shopkeepers, are eminently liable to be influenced by the larger Merchants, and would be very slow to nm counter to their w it-he*, in any great degree. The Age"rtvthough to-day in employ, mny not i so on lo-morrow,,in which case it is to the Merchants around him, only, he has to look for the maintenance of that position to which he Party, obliged to rely more upon their meana and iheir substance, und lo measure their speculations by the standard of their pecuniary capabilities, would, if admitted lo tho Jury Panel, be much more likely to act an in- dependent part. And, then, the Merchant who is loitering, whoso circumstances are embarrassed, when be finds himself iu the Jury box surrounded by more prosperous Merchants, to whom he is largely indebted, ancL from whom, lie sees, he must, in a few days, be looking for indulgence or assistance, nothing can be more clear than ihui such a person is not dmni exeep- tloni major, for, however inclined to act independently, his feelings ore but too prone to lead liim, even inadvertently, into that species of fl-jt- ' nblind • tery which is, there,most dangerous,) concurrence in the opinions of those whom it is his interest to conciliate.—At.ill events, these considerations, superadded to the influence of Party prejudice nnd religious rancor, are too. much for any but men of superiornnd highly cultivated minds, In making these observations, we shtfuld- be extremely sorry lo give pain, nor db sire, for a moment, to draw conclusions from ihe circumstances wc have mentioned, in lhc slightest degree unfavourable to thc Parlies interested. Our sole object is, to show that the System at present prevailing, docs not afford the public the necessary guarantees for the correc.1 discharge ofthe duties ofthe Juror ns long as the Panel is confined within the narrow limits ofa Party. Our sole object is to show that, if a question arise-involving religious con- siderations, even in the most remote degree, thc present exclusively Protestant Panel is not one that ought to command the confidence of the Catholic Suitor j and if political questions some under litigation, an exclusively destructive ury Panel is not capable of commanding the onfidence* uf thc Improvement Party—the People—That there ought, for the purposes of the pure and unsuspected administration of Juslice, to be upon that Panel a fnir and equitable admixture of Catholics to equibalance thc Protestants, and of liberal Shopkeepers nnd Agri- i ulturists, Sec., free from those influences we ompluined of above, to control trie violence, temper the partiality, or neutralize the Met-, cantile dominion in the Jury box. To be sure we know how deeply hostile the ...--rcnntile purty are to any . " innovation" of this kind, that Party who ns Governor JI ilbanke, 1793, now half a century back, says, were BO hostile to allowing any but merchants to be Jn- . aslo pciilioii against the establishment ofa Court of Justice, as they conld not be allowed to be ihe sole Jurors; and yet what confidence we may nsk can a poor Fi-dicrmnn entertain in a Jury of ujercImnts to try a cause, whereir, a Servant, or a Planter, or u Schooner Master is a ' litigant party against an influential mercantile csiahli-Jiincnt " We must-figain reiterate that, notwithstand- ngtbe pr-cs-fiit constitution of the Special Jury panel, wc still have no objection lo any Individual upon it if lhc panel bc properly enlarged, iu such a manner thai the substance, the property ofthe Country bc fairly represented Upon it. The Rule of. Court which at present is the only law that pretends to create a qualifier such Jurors requires that all Grand Jurors-be "principal Merchants and Oentle- isss-si .'' Upon what plea then may we ask are the agents of mercantile houses, men of no property themselves, mere servants, obediei't to llof their masters,—why are such men d eligible and men of large holdings, of substantial capital, men of independent means kept off! Our complaint (".en with reference to the constitution of thc Special Juries is Twofold—We complain of them as being empannelled upon religious and political grounds—Wo complain of them in religion, that they are all but exclusively Protestant—Wo complain of them in politics—that tbey arc all but exclusively of tho political Creed of the Party, opposed to the vailed before his advent. He is decidedly, and'under the guardianship of partial and unjust' has sprung. The Shopkeeper, unable to import to any large extent, or perhaps at all, has only]Improvement and to lho Institutions of the to loolt to the" Merchant for support and en- Counlry, and wc demand nn infusion of Catho-
Object Description
Title | The Newfoundland Vindicator, 1842-04-30, vol. 02, no. 70 |
Date | 1842-04-30 |
Description | The Newfoundland Vindicator, 1842-04-30, vol. 02, no. 70 |
Type | Text |
Resource Type | Newspaper |
Format | Image/jpeg; Application/pdf |
Language | eng |
Collection | Centre for Newfoundland Studies - Digitized Newspapers |
Sponsor | Centre for Newfoundland Studies |
Source | Paper text held in the Centre for Newfoundland Studies |
Repository | Memorial University of Newfoundland. Libraries. Centre for Newfoundland Studies |
Rights | Creative Commons |
PDF File | (3.80MB) -- http://collections.mun.ca/PDFs/cns_news/TheNewfoundlandVindicator18420430vol02no70.pdf |
Description
Title | Cover |
Description | The Newfoundland Vindicator, 1842-04-30, vol. 02, no. 70 |
PDF File | (3.80MB) -- http://collections.mun.ca/PDFs/cns_news/TheNewfoundlandVindicator18420430vol02no70.pdf |
Transcript |
E
^SZ3 xL~*
2
/O
-^
THE
.
e/l ewfmmMamd l*indieator.
E THE BARK OF FREEDOM TO IIER PORT,
DESPITE THE THREATS,—TIIE BLANDISHMENTS Or COURT
oricsfmcE hold the scales,—support the laws,
MAWTAJ-^Tire MONARCH'S AND THE PEOPLES
TO d\d KELIOIOX-SOFTEH PAXTY'S RAUEi
TO V»fDICATE TU' OPl'KCSSED, TIIElf* TANGS ASSUAGE.
THIS, THIS WE AIM ATl.NOVSCOLVMN'ni-ACE,
T1IIS HE OUR HOPE IH YOUTH, OUS SOLACE IN OLD ACE!
v
TUKDAY. APRIL 30, 1842.
AFFAIRS IN GIBRALTAR AND NEW
FOUNDLAND.
(From the True Tablet.) ' /
Tndtfr the heads of " Colonial Coi-reapon-
deuce" and " Catholic Intelligence," our readers will see, this week, some curious illustrations of. the condition of lhe Catholics in thc
two colonies of Gibraltar and Newfoundland
- The intelligence -from Gibraltar is'truly disgraceful to the a inherits of lhat colony. Wt
have every reason to believe that the despicable big-otry which our correspondent describes
IT by iio means sanctioned by the colonial
thoriiies it home ; or, al any rale, by lhe noble
lord who now presides over the colonies, nn*d
who, with'all his faults of temper, all his deficiencies as u statesman, and al) his inherent
fondness for arbitrary powcr, is.not the man to,
sanction the low and vulgar brutality which signalizes tli e-gov eminent of Gibraltar. The petty
intrigues, the spiteful malice, thc constant
vexations Vhich form thc daily bread of lhe
village tyrants and obscure bigot-, undefr anil,|
attention of our readers, ^^^^^^^^^^^
rable length in cuother colunih. They relate
istrution of justice. It will hardly
be believed when we state it, that in that colony,
n which the Catholics form sd respectable, in-
-sirs; t Nil. nnd numerous a portion ofthe community, Mere w not one single barrister—we believe not one single Icjjal practitioner of any-
kind—in whom the Catholics have confidence.
By lhe constitution ofthe colony the Judges
have the power, on bein-r satisfied ofthe deficiency of prop.-rJy qualified lawyers, to allow
' ymen well educated and intelligent to undertake defence of iheir neighbours' causes But
the Judges seem to he in a conspiracy to uphold
be Incompetency of the bar. It is universally
felt thai the Newfoundland bar is deficient, not
merely in numbers, but in efficiency. Not oily
ng in tho confidence of its Culiolic
clients, but it does nnt even enjoy the confi-
lence of those who have no religious or party
feelings to make them suspicious of its merits.
and the lower functions of her temple cuuragcmcni j nnd, from the prevalence of the
iously and purposely maintained ,in a|crcdit system, many of the latter are often little
| andtl
pBludioui.j r...r___v -g^^a^^^^^^^^^^^^a^^^^^^^^^^m^^^^^
me of corrupt inefficiency. This is one oftmnre than tho mere serfs of the Merchant,
; matters that requires the very pressing and while lhc Shopkeepers of the opposite
o of the Noble Secretary for:
from whom lhe Catholic" Vicar-Apostolic has* [t docs not posse-.*3 the confidence of the late
had, and -Mill Mm. to sufl"**--, u—■ mOOk congenial Chief Justice himself. - i
to his lordship's habits of mind. In lhc pur- In April, IS3S, when Chief Justice Boult.
suit of some great party object, in.carrying utit .vas charged beforo the Privy Council, ainoap
soine great scheme of oppression, Lord Stanley other thing with "disregarding the decorum, ifj
may show marvellous 4ittle forbearance—as "not lhe decency, wliich aught to characterize
Ireland can testify. .But, after all, if he likes!,; a Judge," by having "acted as his
tyranny, it is on a great scale j and, if no belter."scl iri an action commenced by him"—what
feeling actuated him, hc has, we believe, too 'was Mr. Bouhon's defence 1 Neither r.
much pride to degrade the great powers in-slessthanthe inefficiency of the bar'; w
trusted tohim, by employing them for the gra-in his own words:—"At St. John's the Prac-
tification of the spite nnd ill-condition malice of.titidners (including the Attorney General, why
a set of vulgar personages, with whose.feelings!conJ«cw nothing but official business) do not
—id objects be can have no sympathy whulev— " *""
He may pass coercion bills and disfranchi
Kingdoms : but he would as soon think of so
lacing his leisure hours hy catching blue-bottli
flics and pulling off their legs and wings, as o
wasting his time and perilling his reputation by
going snacks in thc persecution of a bishop,
with a crew of godless wretches, whose umbi
tion looks no higher than the ' netting of a
hansomc income out of the profits of sacrile]
and fornication. Of Lord Stanley's under S
cretnrics, indeed, und their organized system
of jobbery, in which, as in a quicksand, the
good intentions of so many colonial Secretaries
have been swallowed up, we shall fay nothing
These people are creatures ofan equivocal generation, und not ofa very nice morality. Bui
certain we are that Lord Stanley dues not approve, nnd will not sanction, the h-athsome
manoeuvres against religion and monlity of
the underlings and intriguers of ""Oibralta
they are described by our well informed
trustworthy correspondent. But we
from Gibraltar for ihe present, and coi
Newfoundland, to lay before our readers* the
state of things in that colony—for which'm-iiht
the present Tory Secretary of State, nor t!
present Tory ^Governor is. bo far as we kno.
directly responsible in lhe smallest degree.
There is, indeed, in thc colonies a gigairftc-ay
tern of misrule, the ramifications of which ex--f
tend from tho underlings of Downing-s'-reel to
the meanest settlement in tho most unfrequented
ship-track on the ocean. There is a vast organization of evil, lhe parent^of local evils evei
increasing, in magnitude and* amount, which
requires a thorough reform nnd overturn, or
one by one separated from us. There is an
immense complexity of abuses, which everyone admits ; which every one laments, either
in sincerity or hypocrisy ; und which every
one despajfs of unravelling. These thin-js lie
more or less deeply at the root oT every locnl
squabble that occurs in cverydistantpossession;
nnd how far every minister who posesses thej
pjwerof introducing abetter system, or improving the present bod system, is or is not
responsible for all, even the smallest and moat
transient evils which may flow from his neglect
to use that power, we shall not nt present
inquire. Wc are content to remark, that for
the existing condition of Newfoundland Lord
Stanley's present administration is in no way
responsible; and that Sir John Harvey has,
since bis arrival to that Island, done much to
calm and sooth down the excitements that pre-,
— -■-■-- -I
exceed Five in number, thrkf. ok whom .nearly
ENGROSS THF. WHOI.F. BUSINESS IX COURT."
The evil of this mate o( things was, of course
mo-it keenly felt by the Catholic population,
who, out of favour with the bar, nnd out of fa.
vour with the bench, sood, and now stand,
very poor chance of obtaining fair and coin
justice in the courts of law. To remedy ih
evil mnny efforts have been made. There is
well-informed and well-educated Iny gentleman
in the colony, a Mr. Nugent,"a Catholic, who
has lhe good fortune lo possess the confidence
of his fellow Catholics, and of his neighboutt
Igetternlly. He has been several limes a member of the Legislative Assembly, nnd in various
ways has received proofs of the cstimati
which his character is held by those who best
know him. For nine years has ihis gentleman
been Irying to induce lhc Judges to admit him,
layman, to the bur, fu pursuance ofthe powei
tpressly vesteJ in lhcm for such an emergency. For nine years have the Judges refused
to do so, acknowledging all lhe while the cxi
tence of these powerc, and the personal qua
lications of ihe applicant. Once or twice ll
[question hns been disposed of by a side win
On another occasion it was sagely referred
to the bar lo vote on their own competency.
And finally, on Christmas-eve, 1841, the Judges
perpetrated their last refusal, on the ground that
one or two ofthe incapables already kno-
Newfoundland practitioners are even now very
ihert of business and of fees. In vain arc petitions and addresses poured in from different
parts of the colony in his favour. In vtthi hai
a bill been passed by thc House of Assembly to
endow him with the privileges of a barristei
In vaiiVs it shown thnt suitors (oi complainants!
rather) iv ill not try to enforce their rights
because they have no confidence in the person,
to whom their causes would have to be entrust
ed. Nothing can prevail |