Part 16

“92 Resolutions”

 

Here is the sixteenth installment of the 92 Resolutions.  See almost done…. Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

71.  Resolved, That this House will hold responsible for all monies which have been, or may hereafter be paid, otherwise than under the authority of an Act of the Legislature, or upon an address of this House, out of the public revenue of the said judges have, in violation of the laws, attempted to abolish the use of the courts of law of the language spoken by the majority of the inhabitants of the country, which is necessary to the free action of the laws, and forms a portion of the  usages guaranteed to them in the most solemn manner by the law of nations and by statutes of the British Parliament.

78.  Resolved, that some of the said judges, through partiality for political purposes, and in violation of the criminal law of England as established in this country, of their duty and of their oath, have connived with divers law officers of the Crown, acting in the interest of the Provincial Administration, to allow the latter to engross and monopolize all criminal prosecutions of what nature soever, without allowing the private prosecutor to intervene or be heard, or any advocate to express his opinion as amicus curiae, when the Crown officers opposed it; that in consequence of this, numerous prosecutions of a political nature have been brought in the courts of law by Crown officers against whose opinions were unfavourable to the Administration for the time being; while it was impossible for the very numerous class of His Majesty’s subjects to which the latter belonged to commerce with the slightest confidence any prosecution against those who, being protected by the Administration, and having countenanced its acts of violence, had been guilty of crimes or misdemeors; that the tribunals aforesaid have, as far as the persons composing them are concerned, undergone no modification whatever, and inspire the same fears for the future.

79. Resolved, That this House, as representing the people of this province, possesses of right, and has exercised within this province when occasion has required it, all the powers, privileges, and immunities claimed and possessed by the Commons of the House of Parliament in the Kingdom of Great Britain and Ireland.

80. Resolved, that it is one of the undoubted privileges of this House to send for all persons, papers and records, and to command the attendance of all persons, civil or military, resident within the province, as witnesses in all investigations which this House may deem it expedient to institute; and to require such witnesses to produce all papers and records in their keeping, whenever it shall deem it conductive to the public good to do so.

 

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