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Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru

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3 erthygl ar y dudalen hon

LONDON.

Newyddion
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LONDON. SUNDA Y, NOFEM8ER13. THE restrictions which the visiting Magistrates of Hertford have thought proper to adopt for the safe keeping of the persons charged with the late murder, have given rise to more than the usual of >iJ}y 'JeClauraitOu.We do ÚtJtI mean to say these restraints were neces- sary or wise, but it may be asked in the very outset, and on the first view of the matter—what sinister motives—what in- excusable inducement, could English Ma- gistrates of reputable condition and un- impeached character have, to employ useless, or to their knowledge uncalled- for rigour against the unhappy men, for whose safe t, custody they are to arcount ? Is it in the disposition of Englishmen to Indulge themselves in acts of wanton se- verity? The odinm has been rather ex- clusively and invidiously thrown upon one of these Magistrates, a clergyman, 6 r. Lloyd. It is even stated against him in aggravation, that he has passed whole hours in and abont the prison. Of Mr. Lloyd we have not the slightest kuow- ledgp, but in the name of candour and common sense, is it to be presumed that. any gentleman of his probable habits and education, would, as matter of luxury, pass his time in such a manner!? Nothing but the clear evidence of facts should in- duce a belief in such strange idleness and depravity of taste. We have said that we do not justify the restraints imposed upon the intercourse with the prisoners, but there are, as it strikes us, the clearest grounds to excuse them. It was most likely-indeed it may be caid, most cer- tainly, the first time that these Magis- trates were intrusted with a charge of Such awful responsibility. Let any man imagine, for a moment, the situation in which these gentlemen would stand, with reference to the state, the community, and public justice, if the prisoners had escaped. Now if ever in any case extreme vi. Vjfllaaee. u.as cece's^ty, it it Urn. The prisoners, truly or falsely, have been re- presented as persons of desperate auda- city, accustomed to acts of hardihood and contrivance, and leagued with a host of the most formidable confederates abroad. Was it not most natural that the Magis- trates should, in such a cause, use ex- traordinary vigilance and restraint ? Was it not natural and excusable, that, haunted as they were by the awful responsibility imposed upon them. they should use a degree of rigour beyond reason, and the exigency of the case t What changes have not been rung upon the valuable, but somewhat hackneyed maxim of our law, that every man is to be presumed innocent," and so on--Why, according to the construction of this maxim strictly by some of oor wise jurisprudents, these prisoners should be left, like other inno- cent men, to their liberty and other en- joyments. But will it be said that the restraints necessary for safe custody are compatible with tfcis maxim-the mean- ing of which is, that no infliction or pri- vation shall be suffered in the way of punishment-none whatever. It is true, extraordinary restraints were imposed but who is so ignorant of the Criminal Law of England in its daily practice, as not to know that it not merely permits, bilt directs different degrees of restraint and prv&tiot), according to the degree of 11 11 offence—the character of the individual, and various other considerations of dis- cretion. One person if left at liberty on bis own recognizance, another is obliged to provide bail under heavy penalti-es-a third is refused bail, but allowed inter- course with those abroad, whilst a fourth is consigned to solitary confinement. One of the morning papers has made, on this occasion, a discovery which cannot fail to excUe some-tiarprise, It is that there has long been a. wish, on the part of the higher powers, that the prison system of this country should approximate as closely as possible to that of the Continent, and year after year additional restrictions are placed on the intercourse between pri- soners and their connections." Indeed we had supposed that, if there was any one thing for which "the higher powers" a,nd the Legislature deserved particular t redit, of late years, It was the zeal and eifect witli which private associations and I'ariiametilt(ITY Committees, and the Le- gi blature itself, have been employed in improving cond't,on °f prisoners— pi"omoling their .and protecting th em again^ cruelty or injustice, or vex- ati on of any ,rom the Person« placed ov tr them for their safe keeping. What are, these very visitations, hut an iuter- lJl diate protection between the prisoner I and those in power ? How old is the Act of Parliament under which the ap- plication was made to, and granted by, the Court of King's Bench, in the very case before us ? But thu-s idly and igno- rantly are assertions thrown out. The accident of Mr. Lloyd's being a Clergy- i man has been made use of, as the means J-<■ throwing auditiiJual Ijulium Uffott mm. ¡ If a Clergyman be guilty of any dere- liction or offence, far be it from us, to urge, or to be influenced by, his clerical character, to screen him from censure.— Hut we would deprecate its being used as a presumption against, and as a motive to condemn him. In a word, let the Clergy, like other classes and individuals of the community, have justice. Let them have honest, English fair play, and neither more nor less. To conclude-there is a disposition at present to raise an outcry against our system of unsalaried, and un- feed Magistracy, and to bring it into dis- repute. This may be brought to a very short issue. Let the Lieutenants of Counties,the Sheriffs, and the Magistrates, be salaried, at the public charge, like the departmental Prefects and Mayors, of France, and what an outcry then against the increase of the public burden, and of the patronage and power of the Minister! The Magistracy is liable to abuse from partial, or corrupt bias, or vva nt of judg- ment—but it is unique, as an illslitlltion- it is peculiarly characteristic of the pub. lie spirit, for which the English nation is renowned, and the manner in which its powers have been and are exercised, is, on the whole, creditable to the national character.—Every day's experience—• even the very application in this Hertford case—prove that its powers are as effec- tually debarred from perversion, as the ordinary condition of human society will admit. tiayonne, Nov. 11.— We have received our letters from Madrid up to the 7th inclusive. At one o'clock on that day the unfort unate Hiego was executed.— The details .of tL' -xecnti-ou are really painful. The following are the particu- lars which are given us The prisoner had been placed, as usual, in a chamber where there is a crucifix. It was there he pased the time preceding his execution to which he was conducted, or rather dragged, on a hurdle, drawn by all ass.- It was with the greatest difficulty he as- cended the ladder to the very lofty gibbet which had been erected, so ill was he in consequence of the fetters which had been put on him since his arrest. He died, with great resignation and courage. As soon as the executioner made a signal that he was dead, cries and hurrahs arose from all quarters, even from the balconies. Public tranquillity was not interrupted for a moment, thanks to the precautions taken by the French General, who caused numerous detachments to patrole the streets; which were very necessary, as a crowd of persons was observed who ap- peared to have arms concealed under their cloaks, and who would have taken advan- tage of the slightest confusion to do mis- chief. That part of the sentence which decreed that the body of Riego should be divided into five parts, and sent to differ- ent places, has not been, and will not be, carried into effect. 'I A letter from Paris states that it was expected Ferdinand's entry into Madrid would be followed by a decree relative to the South American provinces, in which would be stated the intention ofthe French Government to lend its Ally a sufficient force to recover the sovereignty. To reimburse the expenses of the armament, the recovered provinces will be held as security, by French garrisons, in several of the priacipal towns, who are to be maintained at the expense of Spain. This was one of the reports current in Paris, one it was Jconttdently believed there that a force had been accumulating in the West Indies, whose destination would be Peru and Colombia. On the recovery of these provinces depended the reimburse- ment to the French of their expenses of the Spanish campaign, and it was generally believed in the French Money Market that, whatever dissent was expressed by England, the intended expedition had been decided upon, and it was not sup- posed in Paris that our Government would remain otherwise than neuter dur- ing the contest. A letter we have seen this morning from a French house at Paris b states it was thought the precarious state of our own West India Colonies would prevent us interfering to defeat the at- tempts of a Sovereign in the subjugation of his revolted provinces, as it was an ar- gument that would, in case of a more se- rious insurrection, tell against us.

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