On the 17th December 1838, twelve prisoners were brought to Liverpool,
charged in execution of a sentence of transportation to Van Diemen's
Land for having been concerned in the Canadian revolt. Here the
offenders had been tried, convicted, sentenced, and actually
transported. The prosecutors, therefore, might naturally be supposed
to have got fairly _into_ port, when they saw the objects of their
tender solicitude fairly _out_ of port, on their way to the distant
land to which the offended laws of their country had consigned them.

If justice might not account her work as done, at a time when her
victims had already traversed a thousand leagues of the wide
Atlantic, when could it be expected that the law might take its course
without further let or hindrance? On the 17th of December, as has been
observed, the prisoners arrived at Liverpool, and were straightway
consigned to the care and custody of Mr Batcheldor, the governor of
the borough jail of Liverpool; by whom they were duly immured in the
stronghold of the borough, and safely placed under lock and key.
Things, however, did not long continue in this state. In a few days
twelve writs of _habeas corpus_ made their sudden and unexpected
appearance, by which Mr Batcheldor was commanded forthwith to bring
the bodies of his charges, together with the causes of detention,
before the Lord Chief Justice of England. Mr Batcheldor obeyed the
command in both particulars; the judges of the Court of Queen's Bench
met; counsel argued and re-argued the matter before them, but in
vain--the prisoners were left in the governor's care, in which they
remained, as if no effort had been made to remove then from his
custody. All, however, was not yet over; for, as though labouring
under a strange delusion, four of the prisoners actually made oath
that they had never been arraigned, tried, convicted, or sentenced at