their frontier boundary will be removed farther from you. But even suppose the final event to be otherwise, it is utterly impossible upon any principle of national or municipal law, that any man's property would be seized by the prevailing power on either side, merely for strenuously adhering to his national allegiance; for complying with the laws of his country; for doing all in his power to repel invasion and in short for fully performing all the services and duties of a good subject. No forfeiture can take place unless the owner were to abandon his property, or refuse allegiance to the government finally possessing the country, and even in such case, a reasonable time would be given to all persons wishing to adhere to their former allegiance, for the disposal of their property and removal without molestation; so that in all points of view, it is every man's interest and best policy as well as his duty, to be firm and faithful in all situations, for that man will always be most regarded and esteemed by even an enemy, who has best performed his relative duty to his friends and to his lawful sovereign or government. However much an enemy may encourage treason, he will despise and always distrust the traitor.

This leads me to say something of the nature of allegiance generally, not for your information, gentlemen, who I am convinced fully understand and practice all its duties, but for the purpose of correcting an error which I am told is very prevalent in this country, particularly among that part of its inhabitants who have heretofore emigrated from the United States of America. Protection and allegiance are those relative ties and duties by which the sovereign and the subject are mutually and reciprocally bound and connected with each other in all countries and governments, whether monarchial or republican; nor can either ever divest themselves of the obligations incident to this mutual bond, without the joint act and concurrence of the other. The sovereign can not deny to any subject that constitutional security and protection of person and property, which in ordinary cases, is afforded by the operation of equal law, through the medium of the civil magistrate; and by the interference of an armed force in extraordinary cases, such as invasion of a foreign enemy, or domestic insurrection. Nor can the subject by his own mere act or change of country, place or situation, ever divest himself of due allegiance and obedience to his native sovereign or government; which allegiance is defined by some of our best authors as the tie which binds each subject to be true and faithful to his sovereign in return for the protection afforded him, even at the risk and sacrifice of life or limb, and not to know or hear of any ill intended him or his government without defending him therefrom by every possible means. Of this allegiance there are two species; one inherent in all natives of His Majesty's dominions, and therefore called natural or perpetual allegiance; the other local or temporary,

incident only to aliens during residence. Of the former I need say nothing at the present time, for every native subject must be conscious of its sacred obligations. With respect to the latter, it differs in nothing from the former except in its duration; for altho' it is readily admitted that a foreigner coming to reside in any part of His Majesty's dominions, whether from the United States or from any other country, owes to our sovereign but a temporary allegiance during residence, and by no means divests himself of the allegiance due to the government of his native country, yet while this allegiance continues at all, it continues full and complete, and any act of such foreigner incompatible with its duties, during such voluntary residence, would incur the same punishment as the like crime committed by a native subject; for allegiance is entire in its nature, although it may be either temporary or perpetual in its duration. But, gentlemen, I conceive the case of those Americans who have emigrated to this country with the avowed intention of becoming permanent settlers in it, who actually possess lands in fee in it, whether by purchase or by donation by the crown, who have taken commissions, or hold places of profit, civil or military, under the government; who have taken the usual oaths of allegiance, or office, and particularly those who by a residence of seven years, or other special specifications have become naturalized subjects, by virtue of sundry acts of parliament; to be materially different from those transitory alien residents I have just mentioned. If it were possible that anything could add to the ties of allegiance by which even native subjects are bound to the government, I should imagine it to be those very circumstances under which such emigrants are adopted; it being their own mature and deliberate choice; the country and government of their own solemn selection, at a time of life when the mind is, or ought to be, unfettered from such early impressions and habits, as have nothing but mere local prejudices to justify them.

To be thus received as fellow subjects of the same sovereign, children of the same inheritance, enjoying protection without national taxation, which they could not have done in their own country; partaking all the benefits to be derived from unrestrained commerce, with the many other privileges incident to British subjects; I presume, ought to excite in any reasonable mind ties of gratitude as well as of firm allegiance. What, then, are we to think of a few persons of this description, who imagine they are under superior ties to the country they abandoned, and scarcely under any to this? But if neither honor, nor duty, nor gratitude, can convince them of their error, the law must. You will, therefore, gentlemen, feel it your duty to present to this court all such persons as to your knowledge have acted in any manner incompatible with true allegiance, whether permanent or temporary; whether

native subjects, aliens, emigrants, coming into and voluntarily residing in this district of the province. These sentiments I have expressed in substance if not in the same words in the other districts I have visited, and I hope with good effect, for both grand and petit juries have almost invariably done their duty to my entire satisfaction.

In your deliberations concerning those State offenses, as well as ordinary crimes, such as felonies and misdemeanors, you are only to examine evidence on behalf of the crown, that is for its prosecution, or rather for the community. For altho' the king is supreme head and protector of the community, lends his name and authority in conducting those prosecutions, are instituted and carried on in his own name, merely for our own benefit and protection, and if we, from motives of false lenity or otherwise, neglect to punish the disturbers of society we only injure ourselves. You will therefore not think the worse of our admirable constitution for denying to grand juries the right of examining witnesses in favor of the criminal. You are an accusing jury and not a trying jury. Your business is to inquire on behalf of the crown, or as I have said before, on behalf of civilized society, into all crimes and disorders whatsoever, which happen to disturb its tranquility or offend its sense of decency and decorum. The conviction of the criminal becomes afterwards the business of another jury who act under the immediate inspection of this court, when witnesses are examined as well for as against him. But, altho' you are only to receive evidence for the prosecution, yet you are to be particularly careful that such evidence is true, or at least fully satisfactory to justify your putting the delinquent on his trial. For the life, liberty, or reputation of a British subject, is not to be hazarded on surmised or slight grounds.

Thus, gentlemen, I have endeavoured (tho' very imperfectly) to point out to you the nature of some of these duties, positively required of you by the constitution as the grand inquest for this district of the province. In addition to that, permit me to recommend to your attention, another mode of being particularly serviceable to the government and to the community, and which I am convinced will be no less agreeable to you, as being merely discretionary, and depending upon the dictates of your own benevolence and humanity. It is, that after you return home you would embrace all convenient opportunities of explaining to those persons in your respective neighborhoods who do not enjoy the same advantages of education and of general information that you do, the nature and extent of the allegiance they owe to their sovereign, and the consequent obedience to his government and to the laws; as well as the moral and social duties to the community, upon the strict observance of which their own immediate happiness and the

future welfare and interest of their posterity, so much depends. By this means, and by your own good example, you will be enabled in many instances to prevent crimes, a much more pleasing task than being called upon to punish them.

You will now retire to deliberate in any place most convenient and use all the dispatch consistent with the serious and important nature of the duty you are sworn to perform, and so soon as you have found any presentments or indictments, you will please come into court with them, in order to be farther proceeded upon without unnecessary delay.

FINIS

MEMORIAL

To the Honorable the Judges of the Supreme Court of the Territory of Michigan. May it please your Honors:

The undersigned have witnessed with extreme regret the embarrassed condition in which the business of the court is now involved.

Having a deep interest, as well in the reputation of the court, as in the correct adjustment of those affairs which, as officers of this court, have been confided to them, they feel it due to the court, due to the country, and more especially due to themselves, to remonstrate, with respectful candor, against a longer continuance of a state of things by which the administration of the laws of the country is perverted, suspended and oftentimes defeated.

The undersigned are fully aware of the relation which exists between them, as officers of this court and the court itself; they are sensible that the most respectful deference is due, from them, to the judges of that court, before whom they have the honor to practice; and as it is their duty, so, they trust it will always be their pleasure to manifest that respect, and to sustain with their utmost professional talent, the dignity of this high judicial tribunal—a tribunal in whose reputation the undersigned have the honor, more or less to participate.

With such sentiments, it would be as opposite from their duty to the court, as it would be repugnant to their own honor to be silent, or to speak otherwise than with plainness on a topic affecting alike the reputation of the court, and their own individual and collective interests and characters.

The evils complained of are not of recent origin, but unfortunately of long

endurance. They are not of occasional occurrence merely, but of continued and unceasing existence. They do not relate to a few isolated cases but affect all.

Are specifications required? The particular history of almost every case which has occurred within the last eighteen months would furnish in its progress evidence of the truths we deplore. The process of the court, is it not abused-being made returnable at improper times and before improper persons? Interlocutory and other decisions of the court are improperly recorded or utterly omitted, by which the just rights of suitors are often sacrificed. Writs when required by the ordinary course of practice cannot be obtained, or if obtained properly, returned and served, are either misplaced oftentimes, or with declarations and other papers of vital importance altogether lost. Day after day and week after week applications are made for copies of papers or for subpoenas necessary to parties, with disappointed and fruitless perseverance; and if jurors attend and parties and witnesses from great distances appear, trials can rarely be had, for that important papers or whole files are not to be found. Jurors, lawyers, suitors and witnesses, all feel and lament how notoriously oppressive is such a state of things. Evils of such a nature it was hoped would have arrested efficaciously the attention of the court, and thus have secured their own correction before reaching this unpleasant crisis. But if disappointment followed this hope, the present representation it is presumed will not be deemed the less appropriate.

If a formal exhibition of complaint be considered necessary the undersigned have the honor to request that this communication be considered such. None, it is presumed have more respect for the present clerk than the undersigned, nor a more ardent disposition to save him. But all considerations of personal application ought, it is believed, in such a case to have no influence; the office is created for the use and benefit of the community at large, and not for the individual incumbent.

The undersigned are so entirely satisfied of the purity of the motives which induce the present application, that they do not suffer themselves to suppose that a solitary doubt, prejudicial to the honor of those motives can find place with the court.

And they do not hestitate to declare that they can no longer meet but with the most inexpressible reluctance, the heavy responsibility both with respect to property and to reputation, which is every day incurred by the continuance of evils of so great magnitude.

Their most decided conviction is, that the dignity of the court, and the