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Show 47.; ACTS RELATING Partlll. Sect. VIII. TO THE Commas. 475 it would have been wil‘er, and better to of Canada: it this mode of illiiing let- have medelled our own juries in the plan tres de cachet he among thofe ancient laws they held out to us. Another very thong objection was urged and etrftoms, how can it be proved illegain the king to illiue them, or in thegovernor againlt this Ceneral extenlion of the laws to apply them ? Or what punithment can and cultoms of Canada in all matters rela- you inllic‘t on the miniller who fhould ad- tive to property and civil 773.355 24". By the vile the king to exei‘eile, or on the gover- the gover- nor was intrufled with blank lettres dc ca,- nor who thonld af‘tually xcreife, a power which parliament thus declares to be legal ? chet, which he might fill up at his (lit; Or what remedy could a fubject, injured fiction, and commit the party, Villt'){3 by a wanton exereil‘e of that power, ob- name he interted, to prir'on during plca~ lure. By this claute of the an then a king tain in the courts of Canada? Perlbnal li- laws and cudoms of Canada, of England rnav give blank lettres de ca- ehet to his governor, berty is a (2:327 right-The laws of Cana- da are to prov'de the remedy againlt a and his governor civil wrong. If" they give no remedy, no may make the lame nle of them; for if remedy is to be had. And it is, l liippole, his majefly's Canadian fubjefls are to be out ofdoubt, that the laws of Canada pro- governed by the ancient laws and eufloms vided no remedy againlt this abule ofpower in a governor. * See the examination of Mr. hfal'cres in the Ihulianientary' l)ebates, V'ol. 1);. p. 3i 7, 5(C_--- It was therefore inliuuated by the very 'rhough thm hook k of no authorhy, andin niany refpee‘table witnels, who during the courfe placestauhy, yetthe accounts of fins, and Rnne of his examination urged thele arguments, otherexanfinadous, fleuud uibeiuttgraceuraudy that a claufe lhould be intbrted granting taken. the. benefit of the Habeas Corpus Ac": to of his Elli l. |