with his Creator. Need I say with what reverence I looked upon him.

I have recently read with much surprise the remarks of Mr. Wyse on the Profession of the Law, in the United States, and I would venture to express my hope that some of the patriotic members of the Bar in America should take up the gauntlet, and vindicate their country's honour and their own. It gives me unfeigned pleasure that one learned Judge, at least, should speak for himself, and I offer with confidence his whole charge to the Grand Jury at the anxious period

of 1838.

A CHARGE TO THE GRAND JURY,

AT DECEMBER TERM, 1838.

In regard to aiding or favouring unlawful military combinations by our citizens, against any foreign government, or people, with whom we are at peace. Your particular and most serious attention is requested to the provisions of an act entitled “An Act to punish certain offences against the United

States."

By the first section of this act it is declared, "that if any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district, or people, with whom the United States are at peace, he shall be deemed guilty of a high misdemeanor, and be fined not more than two thousand dollars, and imprisoned not exceeding three years."

And in the sixth section, it is provided "that if any person shall, within the territory or jurisdiction of the United States, begin to set on foot, or provide or prepare the means for, any military expedition or enterprise to be carried on from thence, against the territory or dominion of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years."

There are many other acts prohibited by this law, which relate to foreign powers, and which may be presented for your examination; but the

above sections are considered the most important.

The offence in the first section consists in "accepting and exercising a commission," to carry on war against any people or state with whom we are

The commission may be conferred by any district of country, or association of people, whose right to confer it shall be recognized by the person appointed. And it is immaterial whether the commission has been conferred by the popular voice, or by the representatives of such district, or association of people.

It must have been accepted and exercised, to come within your jurisdiction, within this State, by a citizen of the United States. Some overt act, under the commission, must be done; such as raising men for the enterprise, collecting provisions, munitions of war, or any other act which shows an exercise of the authority which the commission is supposed to confer.

Under the ninth section, the offence consists in beginning to set on foot, or providing or preparing the means for any military expedition or enterprise, to be carried on from the United States,

against the territory or dominions of a foreign people or state.

To "begin to set on foot a military expedition," is not actually setting on foot such expedition; but it is making such preparation for it, as shall show the intent to set it on foot.

To provide or prepare the means for any military expedition or enterprise," within the law, such preparation must be made as shall aid the expedition. The contribution of money, clothing for the troops, provisions, arms, or any other contribution which shall tend to forward the expedition, or add to the comfort or maintenance of those who are engaged in it, is considered to be in violation of the law.

These acts must all be done under such circumstances as to show the criminal intent, unless such intent shall be avowed. And it is hardly to be expected, that when an individual is about to violate the laws of his country, he will openly declare his intention to do so.

Where the act and the attendant circumstances show the criminal intent, no subterfuges or motives avowed, should screen the citizen from the consequences of such an act.

To come within your cognizance, every violation of this law must have been committed within this State; and by a citizen of the United States.

These provisions are highly important, and they should be faithfully executed against all who violate them.

Great excitement is known to exist, at this time, in Canada, from certain hostile movements contemplated by citizens of this country, in conjunction with the disaffected subjects of that country. It is said, on high authority, that associations of citizens of the United States have been formed along the whole extent of our northern boundary, with a view, at a fixed time, to make a descent upon Canada. That these associations embrace an immense number of individuals, who are known to each other by certain signs and passwords. That they are actively engaged in collecting the materials of war, and raising men. That their military officers are appointed; and that, in anticipation of success, they have appointed

civil officers.

I cannot but think these accounts have been greatly exaggerated, and that they may

have