themselves beyond the controul of all ordinary means; so that nothing but the interposition of Parliament with the Crown, can possibly remedy it. This then is the reason why the subjoined Petition has been prepared to be presented to both houses of the Legislature.

To conclude, I beg to observe, that there is one subject, paramount to all others, which shows the ill working of this exempt jurisdiction in a strong light, and which will be an instructive lesson to refugee debtors and criminals. Now in order that this might be well understood, I shall be very explicit. I have shown under the head "Jurisdiction of the Jersey Court," (pp. 29 and 30) how the constitutions of King John were invaded, by which the Court usurped a cognizance over civil contracts, that originate out of the Bailiwick, leaving untouched only crimes and misdemeanours; and I now purpose to show the evil consequences that have resulted from it. In the first place let me speak of refugee-debtors. These for want of understanding the peculiar difference betwixt the practice of the Law in Jersey and Guernsey, by taking shelter in the former instead of the latter, actually jump out of the pot into the fire, when they leave their own country for this Island, because here, they are liable to be arrested immediately they land, for any debt, large or small, of any kind, wherever contracted, and under whatever circumstances; without oath or affirmation being made that the debt is justly due, and without the necessity of the creditor following his debtor; whereas, in Guernsey, they are privileged until they have acquired a legal domicile there, by a continued residence of a year and a day, excepting it be for Bills of Exchange, &c., and even then, they cannot be arrested for debts under £5, nor without oath being previously made of the justness of the demand. The only privilege which Jersey offers in common with Guernsey, is that of protection to criminals. The debtor being supposed to bring something with him, those who administer the laws share it, by making him conform to their jurisdiction, but a criminal is exempted from every restraint! The greatest cruelty exercised towards refugee-debtors is, that whilst perhaps the bulk of their property might be under the jurisdiction of the laws of their own country, their persons become subject to another; and that they are precluded from bringing any evidence to bear, from the other side of the channel, even should the debt have been sa

tisfied, contrary to an acknowledged law contained in the Grand Costumier, or Common Law Book, which prescribes

toute chose qui est prouvée en Cour sans temoins, est jugée pour vaine," by which no one ought to be deprived of a single shilling, without first a formal averment, and then a strict proof by two witnesses.

Now, for refugee-criminals: a criminal may calculate on perfect security in either of the Islands, for if a thousand pounds reward were offered for his apprehension, no one dares molest him, until he has committed a crime within the Bailiwick, which can be made a pretext of, for transporting him to England. Nay, more: no one would dare publish the notice of a reward, or hold him up in any manner to the community, without entailing certain ruin on himself. If the proprietor of a Newspaper publishes an advertisement, reflecting on another, no matter who is the author, or by what authority he does it, though it should be by order of the Secretary of State, or however true the facts may be, he is liable to an action for damages, and must prove them; and the Courts having no cognizance of the facts committed out of their Bailiwick, nor the power of issuing process to take evidence abroad, nor of receiving any documentary proofs of that nature, nor of issuing any compulsory process to bring witnesses within their jurisdictions: it follows as a necessary consequence, that he cannot establish the facts he alleges, and is therefore left to the mercy of every scoundrel that breathes the atmosphere of the Islands. If he inserts an advertisement, or only copies a paragraph from an English journal, the Courts hold him bound to prove the truth of the allegation, and yet the wretched state of the law withholds from him the possbility of his doing it! Such is the liberty of the Press in Jersey and Guernsey, and yet men are found servile enough to uphold this system, which places a halter round their necks, prevents criminals from being denounced, and enables them to spread their pestilential influence on all classes, demoralizing their community, and producing irretrievable depravity amongst the people, and irredeemable infamy on their country.

JERSEY, June 1, 1839.

ABRAHAM JONES LE CRAS.

PETITION

To the Commons, House of Parliament in Parliament assembled.

The humble Petition of Mr. Abraham Jones Le Cras, the Island of Jersey,

SHOWETH,

1. That your Petitioner has for many years past, edited two weekly Journals, printed and published in the said Island, intituled "The English & Foreign News," and "Jersey Patriot."

2. That your Petitioner's occupation has afforded him great opportunities to become conversant with the public affairs of the Island, and that he has availed himself of it to examine into the laws, customs, and privileges of the same, and the manner in which they are administered.

3. That the result of his investigations has convinced him of the existence of great and manifold abuses, both in the one and the other, by which the lives, liberties, and properties of 40,000 inhabitants have no security; and which, as regards their trade and commerce with the mother country, is highly prejudicial to the empire at large.

4. That as respects the enactment of laws, for the good government of the people, the States of Jersey or Legislative Assembly, (composed of twelve Jurats elected by the people, and twelve Rectors appointed by the Crown, both for life, and twelve Constables elected every three years) has become a useless body; inasmuch as it rarely passes any Acts for the reform of abuses, or to meet the wants of the times, excepting a few provisional ordinances, such as concern the removal of gravel and sand, the gathering of sea-weed, the repairs of a road, and the like, which last only for three years.

5. That from the immense increase of the population and commerce of the Island, since the States were instituted, the persons and properties of the inhabitants are not sufficiently represented in the said Assembly, to procure the enactment of laws adapted to their wants.

6. That the regulations for conducting the meetings of the said States, present grievous impediments to the dispatch of public business, inasmuch as they seldom meet, and when they do, it is only for a few hours, and oftentimes, without being enabled to form a house, in consequence of the nonattendance of members.

7. That although an Order in Council, bearing date the 24th day of April, 1830, was issued to remedy the latter grievance, by inflicting a fine of two pounds sterling on those who should absent themselves without lawful excuse, yet the said fines have never been levied, but have been allowed to accumulate to a very large amount, the States having nullified the said Order, by refusing to register it on the public rolls.

8. That the union of the legislative and judicial functions in the same persons is found to be incompatible, and highly detrimental to the public service, because, whilst it impedes the progress of legislation in the States, it renders them unfit for the bench, inasmuch as it makes them political partizans and subject to local prejudices, as daily experience proves. And that the union of the constabulary with the legislative office, imposes numerous and burthensome duties to be performed by one person, which are also incompatible and prejudicial to the public service, because persons are elected as peace officers, who are not qualified by education and talents to be legislators for the country.

9. That the elective franchise is open to, and always polluted by, corrupt influence, owing to the immense power and authority vested in the Court, and the servile dependence of all classes upon them; besides which, aliens, paupers, vagabonds and fugitives from Justice, exercise the rights of citizens.

10. That certain honours, places of trust and profit, and privileges in trade, are monopolised by persons who fortuitously were born in the Island, to the great prejudice of all others of Her Majesty's subjects, domiciled therein.

11. That in consequence of there being scarcely any written laws, and no disposition on the part of, or capacity in, the States of Jersey, to enact any, for permanent use, the customs and usages which had their origin in barbarous times are perpetuated, to the great injury of the people, and to the disgrace of this enlightened age.

12. That certain Ordinances and odious enactments, passed by the States, are not sent up for the Royal Assent, but are allowed to expire, through lapse of time, (three years,) and are then re-enacted, and this again and again, by which the States defraud the Crown of its prerogative, and perpe

tuate laws without its consent.

13. That this discretionary power of enacting laws, without the consent of the Crown, is not only calculated to undermine Her Majesty's royal authority in the said Island, and the rights and liberties of the people, but also perpetuates numerous frauds and abuses, and prevents the punishment of crime, to the great detriment of Her Majesty's loyal subjects.

14. That the Acts passed by the States, to prevent the exportation of foreign corn to England as Jersey produce, free of duty, were not sent up for the Royal Assent; in consequence of which, parties who were prosecuted for a breach of the same, were enabled to evade the penalties thereof, by summoning a witness who was absent from the Island, and who remained away until the law expired; by which trial was postponed from time to time, and the parties were eventually discharged, when there was no law upon which they could be convicted, as in the case of the Crown v. Anley.

15. That when the said Act expired, the States re-enacted it with some trifling alteration, but not having forwarded the same for the Royal Assent, it will expire on the 30th Aug., 1840, which temporary enactment is a breach of faith with your honourable house and the Government, inasmuch as it does not suppress those fraudulent exportations which were matter of complaint before your honourable house in the year 1835.

16. That Her Majesty in Council has also a legislative jurisdiction in the Island, and occasionally issues Orders in Council to improve the laws and their administration, which Orders are usually nullified either by the States or the Court refusing to enroll them, and without which they are held to have no force of law.

17. That numerous Acts, by the Legislative wisdom of Parliament, have from time to time, been extended to the Island, by being specially included in them, and yet when the said Acts have been transmitted, they have also usually been nullified by non-registration, or their force restrained by local ordinances.