shall break down or leap over fences that shall be adjudged good by three different inspectors chosen in the neighborhood where the mischief may occur, should pay the damage occasioned by said animal or animals assessed by the same persons who shall be chosen to inspect the fence, together with a fine for their neglect.

That the public road, or highway, northeast of the town of Detroit along the river's edge, should be continued, as we foresee that if the highway runs back of the orchards (through the fields) that it will not only be unsafe and dangerous, but detrimental to the inhabitants and the public at large. That the public highways and bridges are in extreme bad order, and that it is essential to the general safety and convenience of the inhabitants that they should be immediately repaired and kept in such order as the law directs. That there prevails an extremely pernicious and slothful custom of throwing dead animals and other kind of filth in, or along this river; we pray that a fine may be imposed on all persons so offending and that shall not bury all such dead animals or filth, or shall suffer them unburied in front of their lots or farm. We further pray that all obstructions which incumber the highway and river's edge, should be removed, as the latter tends to stop the natural current and stagnates the water.

There are several persons who are in the habit of racing horses in the public highways (for their private amusement). We condemn the practice, as it is in itself subversive of the public safety, and the repose of the good citizens of these districts, consequently pray that a fine may be imposed on all person or persons so offending.

In order to put an end to that brutal excess which occasions disorder and scandal on those days which are consecrated by law to the worship of Almighty God, we pray that all persons convicted of being intoxicated or drunk on Sundays, may be subjected to a fine. We observe with regret that many of the youth of this country are much addicted to the ruinous practice of gaming. We demand, for the general welfare of this country, that all public hazard games, and public hazard game houses, should be abolished, particularly on Sundays, as they influence all ranks to the loss of their time. and money, and finally lead men into such excesses as are destructive to morality and injurious to society in general.

We experience much concern for the future peace and tranquility of our fellow citizens and selves in consequence of the repeated insults that have been made by our neighbors, the subjects of his Britannic majesty (aided by some of our citizens) against our country and government; we pray that efficient measures should be adopted to secure us from any further apprehensions from such intruders and violators of the public peace.

We further pray that the treasurer of this Territory may render a quarterly account in writing (from and after this session) to the grand jurors of the monies that he has, or may hereafter receive or pay for this Territory for the satisfaction of the citizens of the United States in this Territory, as many persons suffer who have had demands for a considerable time against the Territory (for want of their payments). We humbly conceive that that part of the last general order that directs that the whole of the militia shali procure themselves uniforms, tends to alienate many of our fellow citizens from our country, and to excite them to fly to the British shore, as a number of them are unable to procure their uniforms. But we approve of such part of the general order, as is applicable to the corps or companies composed of such that have or may hereafter voluntarily enroll themselves. Grand Jurors Chamber, the 20th August, 1806.

[Signed.] JOHN WILLIAMS,

Foreman of the Grand Jurors for the districts of H. and D.

I, Peter Audrain, clerk of the district court for Huron and Detroit districts, do certify the foregoing to be a true copy of the original filed in my office. Detroit, the twenty-fifth day of September, one thousand eight hundred six.

PETER AUDRAIN, Clerk.

CHARGE

DELIVERED TO THE GRAND JURY FOR THE WESTERN DISTRICT OF UPPER CANADA, BY MR. JUSTICE CAMPBELL, AT THE ASSIZES HELD AT SANDWICH IN SAID

DISTRICT, ON THURSDAY, THE 10TH SEPT., 1812

A COPY OF WHICH WAS BY SAID GRAND JURY REQUESTED FOR PUBLICATION

DETROIT

Printed by Theophilus Mettez, 1812

Mr. Foreman and Gentlemen of the Grand Jury:

Previously to entering on the immediate business of the court, permit me to congratulate you on your recent rescue from the grasp of an enemy whose principal motive in attacking you seems to have been the base one of acquir ing plunder and destroying private property, he could scarcely expect to make any impression on our garrisons, or form a permanent establishment in a country which has to boast the proud distinction of constituting a part. altho' a distant part of the British Empire.

The scenes, however, you have lately witnessed, will, I trust, sufficiently account to you for the inefficient manner in which the court of assize and nisi prius are this year held. When I left York [Toronto] the accounts of the expulsion of the enemy from your district had not reached that place and consequently my coming here at all was uncertain. This inconveniency will in some degree, I imagine, extend to the other district, altho' not invaded by the enemy as this has been, as many of those concerned in prosecuting and defending suits at law are employed in arms to repel and chastise a foe whose temerity is only equaled by his impolicy in daring to declare war against and actually to invade Great Britain, the only power on earth capable not only of defending her own rights, but also of either protecting or annihilating the commerce of other nations, particularly that of the United States of America, the surplus produce of whole fertile fields will in consequence of this war become equally useless to the merchant and to the farmer, as will be very soon experienced by the most distant settler in their western wilds. The people of those States will then learn, if they have not already learned, (by the brilliant exploit lately performed under our immediate view, gentlemen, by our truly gallant commander and the brave officers and men who assisted him in that glorious achievement, as well as by the numerous captures of their property at sea) to lament their folly in submitting to the measures of a French faction, contrary to sound policy, contrary to their true interest, and to the general wish and sentiment of their wisest and most respectable citizens. But gentlemen, it is not the character of Britons to vaunt, much less to insult an humbled enemy. We will therefore leave them to the fruits of their folly and attend to our more immediate business here. Altho' the inefficiency I have mentioned, may to a certain degree have taken place in regard to civil actions, it has not, I am convinced, been the case in any degree as to the more important business of criminal prosecutions in any part of the Province. In the districts which I have had the honor to visit the gaols have been regularly delivered, and in the most peaceable times, and appropriate punishments awarded against the guilty, and which I doubt not, gentlemen, with your good assistance will be equally the case in this populous and flourishing district. It must, however, afford you, as it does to us on this bench, very particular satisfaction that the sheriff's calendar contains but very few names, and scarcely any crimes of importance. With respect to persons confined for military offences, you have nothing to do with them. That being the case we have nothing particular to give you in charge, except to recommend to your serious attention, the exercise of that inquisitorial power with which our gallant constitution has entrusted you as grand jurors for the benefit of the community you here

represent, and of which you constitute so valuable a part. It can scarcely be expected in any society, however well regulated by the care and vigilance of its magistrates, but that some individuals will be found of such depraved principles and habits as in some way or other to infringe those laws whose only end and object is the security of our persons and property, and to maintain that good order, decency and decorum of individual conduct without which civilized society in the aggregate cannot subsist. This, I say, must be expected in peaceable and ordinary times, and if so, how much more must it be expected in times like the present, when the public mind is agitated, when so great a portion of the population of the country are under arms, and consequently for a time diverted from those quiet habits of industry, which under the influence of religion have ever been found to promote the social and moral duties. If, therefore, any crimes or misdemeanors whatsoever committed, or by whomsoever committed in your district, have come to your knowledge, it is now your sworn duty to inquire into them specially, and to present them to this court, in order to be farther investigated and proceeded upon according to law. For it is to you that the constitution has committed the sacred trust of protecting yourselves, your families and your neighbors from the dire effects of unrestrained licentiousness and all the mischievous consequences to society which would result from the prevalence of vice by suffering crimes to pass with impunity. All offenses whatever, from high treason, the greatest of all civil crimes, to petty larceny or common assaults are within the scope of your inquiry and presentment. To you it belongs to bring delinquents to justice nor is it by any means discretionary with you, as some imagine, whether or not to exercise those powers of investigation and presentment, for you are sworn to do diligently and impartially; entirely divesting your minds of the base motives of fear, favor, affection or interest and those local prejudices and considerations that are too apt to interfere with the strict discharge of public duties, and the pure administration of justice.

In times like the present, and in a country peculiarly situated as this is, I presume that it is extremely probable, notwithstanding the well-known loyalty of its inhabitants generally, that instances may have occurred of treasonable and seditious practices. If therefore it has, or shall come to your knowledge, by the testimony of witnesses, or by any other means whatever, that any individual has swerved from his allegiances, has taken up arms against His Majesty in the present war, has gone over to or joined the enemy on his late depredatory excursion, has held intelligence or correspondence with him, has aided, abetted, or assisted him in any manner, has refused to take up arms conformable to the laws of the country in defense of His Majesty's per

son and government, when legally called upon to do so, or has attempted to seduce others from the, duties of their allegiance. It is now, gentlemen, your duty to present all or any such to this court, and the respectability of your individual characters sufficiently assures me that you will not fail to perform that duty. Your loyalty has been tried and proved; your property in this country is great, and consequently your anxiety for its prosperity and security must be so too. Is there a freeholder in this district or in the Province so extremely ignorant of commercial affairs as not to know that his farm cannot be of half the value to him or his posterity under any other government than that of Great Britain? And of all other governments it would be of least value to him under that of the United States, who themselves abound to superfluity, with those very articles of produce which the Canadian farmer has for sale, and consequently in which the Americans would be his competitors instead of his assistants at market. If there is a man so blind to his own immediate interest, so ignorant of the various commercial channels through which his flour, his beef, his pork, his potash and all other articles which his farm produces, find their way to the final market or place of consumption, and upon which all previous or immediate sales and markets must depend; if he is ignorant of the decided naval superiority of Great Britain which gives her the absolute command and control of those markets and the means of reaching them, so much so that scarcely a foreign ship can appear on the ocean without British permission or protection; if he is also ignorant that altho' those disadvantages which would in the first instance affect the merchant, they would immediately revert to the farmer or original owner of the produce, with whom the misfortune would be lasting, as his produce would not only decrease in value, but would absolutely lay on his hands; I say if there is any man so ignorant as not to know these plain facts, I can only pity his ignorance but cannot hope to cure it.

It is probable that previous to, and during the late invasion of the enemy, some individuals (who in other respects are considered as honest men and good subjects) have been induced to remain inactive, and perhaps in some degree to swerve from the strict duties of their allegiance, from motives of a mistaken policy, or timid caution to avoid exasperating the enemy, or to save their property from plunder, or perhaps from forfeiture in the event of his final success in this country. I say gentlemen, such conduct and when not influenced by worse motives, can only result from unmanly timidity, or mistaken policy. For in the first place, you may rest assured that Great Britain (whatever events or vicissitudes occur during the war) will not at the conclusion of it agree to cede these provinces, or any part of them, to the United States; on the contrary, the probability is, and for many good reasons, that