The free press, 10 juillet 1823, jeudi 10 juillet 1823

[" Les spa at, chy THE FREE PRESS.Vou 1] MONTREAL, \"iursoay, 10th Jura, 1824 [se 48.Plebs sic jussit.; «4 col Lavy.\u2026 Such-is the will of the people.! : ; roi que ed CI Ln = Jul \u201cIt is not for kings, O Lemuel! it isnot for Kings to drink: wine, nor for princes strong drink; lest they drink and forget the law, and pervert the judgement, of auy of the afflicted.\u201d , .Proverps, XXX.4.Spurr Ride n 2.catty bc ad doute + Ju No.36, speaking : of the custom of the Chartivarri, L claimed to myseif,the merit of being the qnly publigher in Can; ada, who stood forward to vindicate, the, custom itself, audje.reprobate the outrages ang injustice that, had been committed in the, attempts made.to suppress it.Lam: happy to withdraw; that claim, and acknowledge the editor, of the Literary.Misgellany, as entitled lo-rauk amongst (he fearless writers, wha, are uot to be frowned into silence, by memin power, or by.men.pf influence, by the.clamours:of foreigners aud, upstarts, the pompous virulence of \u2018the Hon.Jobn Richardson, or the gyus, swords and bayonets of thore tfwell disposed\u201d hell wethars, whe, to preseyve:the peace of the city, have.undertaken to he authoy- ised peace-breakers, He has anticipated that proposition which T annouaced my intention of maintaining, that this custom was uot only harmless and innocent, but laudabie;proper and mioraly aud 1 sh Jl not find much to add to\u2019 whet'lie says, \u2018ou that head, which I therefore take the liberty -of extracting, © He dissents in opinion, he says, \u201cfrom thokë officious scribblers, who, to make themselves ebnspicuois as chatip'ons for public order, raise an outcry, affecting to be offended: lvith the ancient custom of Chariivarri, nad baiting \u2018the \u201ccotiuct of the magistrates for haviug suffereil it to'take- plkice in Montreal to the annoyance of the orderly and peaceable\u2019inhibitants! Now it remains to prove that Charrivarri, so far from deserving to be considered in sd'odious à light by imparfisl'and disinterested minds, otight to\u2019 be rdoked among thie hobléat \u2018institutions, of thie ludiorous Kind, if ils object and \u201cdesign \u2018bé tightly undeér- stood.| Experieuce/hés frequently-démonbtratéil-that nbthing is more destritetive of'donestic concord (hit Fbpiages bi nded, got on the pure, géneroùs, ardént, fer, aud constant, pässion of mutual love, \u2018but on' thie sordid, servile, aiid \u201c¢ortilpt!\u2019 desire of filthy lucre, whefice proceéd those jealousics, jars, aud dua rels, pb 306 which render life a sceoe of wretchedoess aud disconient.Of 4bis too fatal truth, Mr.Pope hss given us an elegant aod charming picture io that enchanting poem, entitled Eloisa to Abelard: «Love free as air, at sight of human ties, Lifts his light wings and in a moment flies.I'he jealous God when we profaue his fires, Those restless passions io revenge inspires, Which make perverse and erring mortals groan, Who look for uaght iu love, but love alone.\u201d To order to prevent unuatural unious, such as youth with age, \u2018health with sickuess, vigour with imbecility, aod sanity with dotage, was charavatri ivtended.Who, then, will deny that the intention of this ludicrous custom is not truly laudable, having, as has just been obscived, the fairest object in view ; namely, the securing of conjugal felicity by the prevention of unequal matches ?For, since the law has not provided any remedy to check the evils iu question, is it not just that ridicule, which has been found, on many occasions, potent apd successful, should be used as a proper application to those distempers which de- siroy the vital springs of matrimonial happiness?Nor are the benefits derived from a charrivarri confised solely to what we have-already mentioned.It embraces another object worthy of the commendation of every good man ; which is the relief of the indigent children of misfortuze, by applying to their uce whatever movey is exacted from the sous aud daughters of Mammon, who, by their unhallowed unious, violate the laws of natute, ahd profane the mystery of love.Reflectivg on these sod othet mischiefs that have at all times been occasioned by avarice, with the poet I am ready: to exclaim; \u201cAduri sacra James, guid non mortalia pectora cogis?°* Bat to resume the ¢.?\u2018Well may it be saidrof such as barter love for mouey, that with them © \u201cGold is a sovereign precious metal, T'hat solders sexes like a kettle.= And Cupid sly oft takes his stand Upon a widow\u2019s jointure land\u2014 ls tender sigh aud trickling tear ong for five hundred pounds a year; i 1.-Aud languishivg desires are fond Of statute, mortgage, bill and bond.\u201d Literary Miscellany.\u2018There is a sentiment too, la a stupid, Thymivg,tragedy ol Sir Charles Sedley, called Antony and Cleopatra, op this subject, which is one of the only two passages in that play, I bave marked in my commouplace-book as worthy of preservation : \u201cCasar.I'l unable, sure, the ugly, or the old, First in affairs of love made use of gold, Then.princes, to outbid them, threw in power; .Now, hcart for heart \u2019s, the traflic of the poor.\u201d 807 topic from which L have digressed; is it not the squeamishuess: of affectation in some of our scribblers who preteud to be scandalized at the Charrivarri, aod the von-interterence of the magistrates to prevent the fatal consequences vf that disgraceful: scene, as they have termed it ?Too true it is the entertaioment of the night was disgraced: by the calamitous event that had occurred.But who will assume such a front of hardihood aud sophistry as to throw blame ou the couductors of the Charrivarri, or on the magistrates ?I'o whom is then the guilt to be attached?At whose door does the blood of the unoffending man so foully murdered lie ?Let H.aod his accomplices answer, and tell us what they have to allege in vindication of their black, atrocious deed, of \u201cthat \u2018Co which, being in a quoting vein, I wish to add from auoth.er old poet \u201cFor money is the ouly power That all mankind fell down before.Your pettyfoggers damn their souls \u2018Fo share with knaves, in cheating fools: Aud merchants, venturing thro\u2019 the main, Slight pirates, rocks, aod horus, for gaio,\u201d \u201cFor money *t is that is the great Provocative to amorous heat; *T is beauty always in the flower That buds and blossoms at fourscore, \"JY is virtue, wit, and worth, and all That meu divine and sacred call For whats the worth of aoy thing, But so much money as * will briog ?Virtue, now, nor noble blood, Nor wit, by love, is understood ; Gold aloue does passion move, Gold monopolizes love, A curse on her, and on the an, Who this traffic first began ! A curse, all curses else above, Ou him who used it first in love ! Gal begets in brethren, hate, Gold, in families, debate, Geld does friendship scparate > These the smallest harms of it: Gold, alas! does love beget.It guides the favcy and the mind, No bankrupt finds a fair one kind, Thus mooey, like the swords of kings, Is the Jas! reason of all things.L.L.M, 308 rank offence which smells to Heaven, which has the primal eldest cunse upon it\u2014a brothers blood 1\u201d Perhaps the sanguivary monster and his abettors would attempt to urge the plea of self- defence: in extenuatioe ol their crime.Vain subterfuge ! quanta in Charyhdi laborant! Let it first be proved that an assault endangering life and property had been committed\u2014an asault sufficient to justify their firing upon a promiscuous crowd.most of which were po otherwise concerned in the Charrivarri than as incre spectators.Till this be clearly e- viuced, the plea of self-defesce will never serve their turn; it becomes rathier an aggravation of their crime, as its obvious te.:dency would be to libel the magistrates, acd misrepresent the whole affair.\u201d \u2018The geueral propriety of these reflections, can not be denied, but the particular application of that part of them which relates to the conduct of the magistrates would lead to the conclusion that their couduct throughout was praiseworthy.It has been the contrary.l'rue, they did sot interfere to prevent the Charrivarri 3 but à am not inclined to give them credit for their forbcaraoce mm that respect, as proceeding from a conviction that to lo so would have been, as is the fact, illegal aud improper, but from timidity, vaccillation, and old-womanism.Their subsequent conduct proves this ; as well as the absurd prohibition o: the Chariivarri, which we find io the ridiculous editions of blue-laws that are fucetiously called police-regula- tions.Instead of making all possible exertions to discover, take up, and bring to justice the perpetrators, advisers, abetlors, and accessaries of the unprovoked and malicious attack that was made upon the populace by a predetermined, and prepared, set of sturdy malignants, and of the murder that was committed in consequence ; they have been as quiet and indifferent on that subject.as if it was not deserving of notice,and no more to be re- preheaded than the slaughtering of sheep for the shambles : whilst ou the other haud, every exzrtion has been used to find out, harrass, and prosceute, the innocent, uvoffeudivg, and aggrieved, persons who formed the Charrivarri.Nay, as far as 1 at present know of the matter ; the enquivies and examinations have been carfined to the persons and events, the characters, dresses, and vociferations, that occurred, previous to the firing of the fatal shot which was the first breach of the peace, the fi:st wulowful act that was commitied ; as yet even the par- tice: wuo subst quently, the evening after, attacked the house whance the firing took place, and who certainly were guilty of ariot, have remained I-believe, unquestioned, probably fur the very excellent icason, because they had not their masquerade dress an,uhich it seems is the front and head of their offence,\u201d io the eves of those wiseacres who pretend that the Black Act 8 applicable to this case. .309 1 quit the subject for (he present, with repeating my exhoi- tatiou to all the good people of Moutreal, who dare stand up for their undoubted rights aud privileges, for the liberties of the subject, the maintenance of law, morality aud propriety, vot to fail, whenever any other illassorted match takes place, {sud there are reports of more than one upon the tapis,) to assemble as a charrivarri, and to set at defiance the usurped power that would suppress it.Dorit peaceably, and orderly, (not quietly, for noise is an essential part of the ceremony.) and.ihe first evening, or as loug as you are unmolested, forbear from taking arms with you, either open or concealed ; but if you are interrupted, or any one of you attempted to be takeiM™ato custody, assemble the next night, in greater numbers, go armed, and resist by main force, these who endeavour to coerce or restrain you in your lawful amusements and customs ; ano upon their heads be all the blood and evil that may follow.When tyrants and tigers overrun the community it is time for the really \u201cwell disposed,\u201d to dethroue and muzzle them.L.L.M.1 have seen with surprise the promotion of Joha Fletcher, Esq.from the bench of police-magistrates: at Quebec, to the ol- fico of judge of the newly erected inferior District of St.Fraucis.\u2018l\u2019his appears to me to be auother preguant instance of the facility with which the good disposition of the eat} ol Dalhousie is liable to be abused by designing and interested people, and with which he may be led, upon erroucous representations and injudicious recommendations, to place high and impoitant trusts in the hauds of unfit persous.When a governor first comes among us, he has undoubtedly, in that respect, à most difficult task to perform : the most penetrating judgement, and the quickest apprehension, must fail to discriminate amongst the various candidates for office, and numerous and apparently respectable recommendations he receives, whom, aud which of them, it becomes the siatesman, the guardian, the father of the county, (for suchit behoves a goveraor to be, and such 1 feel an inter- ual conviction it is my lord Dalbousie's ardeut desire to prove himsell,) to promote and listen to.But every year, every season, way every day, (and his lordship has been with us four years) must tend to enlighten him in that respect, and the study of the characteis, and dispositions of those around him.combined with deep and anxious enquiry into all the circumstances of thie country and the natives, ought oot to fail to endow him with armour of proof against the designs aud pretensions of the \"unworthy.Unforwivately 1 aw afraid, that lord Dalhousie, has too decided an iuclinatiou to listen solely Lo the represeu- tatious of those characters, who have, al the chateau, the reputation of being respectable, influential, and intelligent, v.ithout stopping to euquire whether that reputation is well founded 02 su int, or pay iug regard to the popular opinion, relative to these, ortheir minions aud favourites.Unless this were so the appointment of such a man as Mr.Fleteher, to the office of a judge could in vo case have taken place ; and particularly not in a district, where it will be found essential, that the tempers and feelings of the inhabitants should be conciliated by every wise and as it were, patriarchal, arravgement, to allay the ferment that has arisen among:t them, by the peculiar circumstacces in which they are placed.But while 1 contend, that Mr.Fletcher is personally improper, as I shall preseutly endeavour to shew, the previous nowina- tion of the Hon.Alexis Caron, as a judge for that district, induces me likewise to declare that the principle is essentially wrong for police-magistrates, in any case, to be exalted to the beach of judges.Mr.Caron filled the station ef first polices niagistrate at Quebec, along with Mr.Fletcher as his asscssor, for a cousiderable time; and was, in 1821, appointed judge of the Inferior District of Gaspe.1 have nothing to say against Mr.Caron; [ believe his couduct as a magistrate, though not marked with 20y peculiar talent, or extraordinary sagacity, was respectable, moderate, aud rather conciliating than ether- wise; and, if we may decide from the letters that have been published in the papers, us having passed between sume of the principal official characters at Gaspé, and him, ou the occasion of his projected trasslation to the district of St.Francis, in which the former testify to the \u201c impartial, prudent, regular, and able, administration of the duties of his high office,\u201d and entreut him to * make a longer stay amoug them,\u201d aud the lat- expresses his determination, in consequence, to \u201cJay aside bis rivale convenience for the public good, avd to remain in that district,\u201d he has also respectably sustained toe character of a judge.Yet, upon the broad principle that humau nature must acquire a bias from the circumstances, and collisions, which men have, iu their several statious to enconuler, it is easy to argue that justices of the peace, and police-magistrates especially.must be very unfit for the sedate, impartial, and dignified station of a judge.Their very office is that of ex parte examiners; they must necessarily have more of the fortiter in re thao the suaviter in modo ; they have to encounter aod baffle, * eveuts and men, of flagitious nature, and desperate dispositions; they are to the bench, what constasles are to themselves, what jackals are to lions, what sherifls officers are to lawyers: and uo oue will say that a constable is fit to be a justice, a jackal to be a lion, or a eherifl® officer to be a lawyer.[hey can not avoid carrying into the judgement-seat, the Larshoess, the superciliousness, the arbitrarivess, and the impatience, which cao scarcely fail becoming habits with those who have none but very inferior officers, and delinquents, to deal with; who posses 311 au arbitrary power, (nccessarily given them for the purposes of temporary justice,) which they arc often required not to be shy or delicate in using; and whose patience is often put the severest trials, by the perverseness or insolence of those who are brought before them.\u2018I'his does not indecd, apply to simple justices of the peace,* but to such as are constantly, as police-magis- trates, or regular quarter-sessions gentry, called upon to exercise the functions t have been remarking ou; butit is upon thesc general grounds | object against any such being exalted to the supreme Judgement seat, both in civil and crimioal cases.\u2018l'hese are general arguments against tbe appoiotment I am censuriog ; but, I consider it as my public duty to censure it likewise, on account of the kuowledge I have, both personally, and from information, and public report, of the unfituess of Mr.Fletcher to be a jadge.He is, I believe, as good a lawyer, as study and koow- ledge uf the written law can make him, without the rationale of it.Verbose, intricate and mysterious ; possessing industry of research, aod acuteness,of perception, suflicieut to make rather a shewy than a useful exhibition of his forensic acquirements.So far, it will be said, nothing has been shiewn in this respeet, to cry out agaiust ; but he has oce.besetting sin that totally disqualifies him for the situation of a judge, which ought to have effectualy\u2019, as it has frequently almost, ejected him from that of magistrate.Io one word he is an habitual drunkard.I make no apology for this round assertion.I bave seen instances of it myself.All who.koow avy thing of his conduct whilst he - enjoyed the situation.of commissioner for India affairs, in con- juoction with the Hon.,\\W., B.Coltman, cao bear witness to the glaring debauchery of his conduct during that mission, aud which compelled his dismissal from it, before its object was terminated.Numberless instances of a misbehaviour, approaching to lunacy, which is to be attributed to the prevalence of this darling vice, in this, Row \u201chonourable judge of the Inferior district of St.Francis,\u201d must be withio the knowledge and recollectiou of the inhabitants of Quebec, during the time of his possessivg a seat on the policebeach.A natural arbitrary disposition, lostered, and invigorated by his station as a chief of the constables, runners, and thief-takers of the metropolis of Cauada, has been rendered, at times, ferocious, ungovernable, and uubearable, by the stimulus of strong drink.1 speak ont ; but I call all Quebec to witness that I speak out vought but what they all know.If such a man as this, my lord Dalhonsie, has been recommended to you, aad represented as fit to sit * [I do not, gentle reader, by \u201c simple justices of the peace,\u201d anean, justices who are simple justices (of which I fear there are a vast number in Canada,) but such as are simply justices, without being police magistrates, or of the quorum. 312 wn the beach, to he invested with the judges\u2019 ermine, and entrusted with the lives aud properties of his Majesly\u2019s subject, how much ought you vol to be upon your guard against such basc conspiracies against your administration ?for, as nothing will bring your admisistratiou into greater and more deserved contempt, than the employment of improper persons in the high offices of judicizl and executive government, so the allempt to impose such upon you, may be considered as a conspiracy, against your station, your dignity, your popularity, and your utility, as governor in chief of these provinces.- : But, peuhaps, other motives lurk under this appointment : perhaps it was desirable to get vid of Mr.Fletcher; that his exaltation to the proproctovship of an inferior district may be considered as a kind of honourable exile, 6r, in vulgar lau- guage, \u201c a good viddauce of bad rubbish.\u201d Perhaps the townships were considered in such a lawless and criminal state, that lt was doing grace, and honour, and'oothing but due justice, to send them » drunken judge, a sort of chief thiefiaker, to preside at their courls.Nay, if this recotmmetdation cawie from any of the Scotch intriguers who have so müch the ear of his excellency, perhaps-it may'be-asuntle réfinemeut of demoniac policy :\u201410i maka.the.inhabitants of \u2018the éastern townships, (who hive felt.much satisfidtion at the tdcipient step that has bru taken to ameliorate their condition by (he ercction of a court of justice for\u2019 them, ) dissatisfied and turbulent, and io- duce them to continuc-to listen to the falde Josinuaticos of the uniunists, that all the evils they complain of are fo be attribu- wi to the influence and power of \u2018the \u20acdoudians in thie house of assembly.* See\u201d they might say, \u201c how nugatory what is pretesided to be done for you is: the assembly, it is true, have cansented to the erection of a new district, but \u2018they have caused a worse than king Log to be seut among you as a judge.\u2014 you will never be well treated, vever have your Wishes fulfilled, or justice doue you, till we; the unionists, get into power.Be as clamorous, therefore, as cver, for a union.Stick to us, hoist us up into the chief controui of affairs, aod then you shall ece\u2014 what you shall see.\u201d But it is not yol too late, aiy loril; give Mr.Fletcher a station better adapter to his habits\u2014if there is not due ready-made, since you claim the right of putting your haud io the public purse, and paying who aud what you like, without accoun fog to the people, it is »asy Lo create an office\u2014and select some one fro.the bar in Canada, of more uvexceptionable talents and batuts, to sit upon the seat of\u201d Boglind\u2019s Royil Majesty iu his court of justice,\u2014to sit upou Tie Kine's ow Bach M.[PRINTED AT BULLINGTON, VEKMONT.] "]