The National Register. — London, England, 1820-02-21 00:00:00

■ -~ (JU2_ationtl No. 1,221.—V0t. XIII.] SIR RICII.IRO GOLDEN ItrIALS FOR MAGISTRATES AND VIIERIFFS. "1. 1* pigmies estimation of the government tinder which they live, being founded on the pule, just, and rational administration of the laws, it ought to be felt tit it no social duties are more important and obliga tory • than those of a local magistrate or justice of the peace. 2. All such magistrates being representatives, in re gaol to their particular powers, of the constitutional authority of the supreme executive government, they are bound in every act of their (Alec to consider themselves as delegates of the sovereign, and in consonance with the royal oath, " to execute law and justice in mercy, and to govern the people accord mug to the statutes agreed on in parliament, and to the laws and customs of the kingdom." 3. An English magistrate should always bear in mind that the supreme executive authority, of which lie is the local represeittative, is restricted in its powers ltv the laws and the coustitutioit ; that the rights and privileges of a free people are us inviolable a. the prerogatives of the sovereign ; and that English magistrates are not in strumettis of a despotic power, but agents of a constitu tional mottarch.fwhose obligatioiss to hi. people are de termined by the sante lams that constitute the obligatiam of the neople 4. An liatglish magistrate should feel that every sob• ject of these realms, he he tick or be he poor, be he accuser or sander accusation, is equal in the eye of the law ; that the laws of England are no respectors of per sons , that they can never,leldtkpettsed with to suit the humour Of the magistrate or-the policy of the a •o; and that they are literally imperatise in their popular sense, until they have been altered of repealed by the conjoint authorities which made them .'.s 5. The cardinal virtues of all suagiilracy are Aims impartiality, vigilance, and benevolence. ti An incorruptible magistrate will not only be incorruptible in his own conduct, directly and in directly, immediately and remotely, but he will "itemise a wholesome suspicion in regard .to the possible cox oo s, extortions, and oppressions, jwised by hiss constables, officers, and other agents 4siiis authority. • 7. An impartial magistrate will jealotilly evety . avenue of his mind against the vice and aiealtitess of partiality ; he will be careful not to be influenced by ex-pane statements, by crafty or malignant iiisinitations, or by interested and vulgar prepulices; and Ite.ywill ne•ver fail to fraterniser that, although justice is blind iu regard to the parties, she is all eye w her search after the truth! I. A vigilant magistrate will always hear both sides before he makes his determination , lie will patiently toibmit to the awkwardness, timidity, and inexperience of either of the parties ; he will cautiously balance the various points of evidente i ,ptid will persen.re in his e xammatious, whets, .• .011 he has disentangled tie case before him lions ail o mit and uncertainty. 9. A benevolent nsagistrate will never forget that mercy is the brightest ornament of all power; he will never suffer any cruelty, threat, or wanton insult to be committed on persous under acitisesion, to extort con iessions, or use any other pretence nlialsoever ; he will never exact bail beyond the Means of the patties ; he will himself inspect all places of temporary or permits tient confinement ; and he will carefully prevent viole t:4sm of hum: y its Lae various subaltern agents of his jurisdiction. to. A public-spirited magistrate will always be easy of access on special occasions which demand his in terposition, and he will be punctual in his attendance at those known periods whicit lie sets apart fur the admi nistration of justice. 11. In he: trate should remember the deperukuce of the partiekott his patient attention; his examinations should be public, but in most cases the witnesses (ought not to he heard in each other's presence; he should be. jealous of the influ ence of rewards and penalties on the evidence of the informer; he should wanly ,guard himself against the snefigoent feelings m sinister designs of accusers; and befave be coutistits or convicts, lie should be throughly satisfied that the act charged was perpetrated with a cri minal intention. and contrary to the true intent of some statute law of ordinance of the reabn. 12. In all adjudications relative to the poor, an up right magistrate should he the poor man's friend, and the guartkan of the destitute and helpless, against the sordid calculations of avarice, and the overbearing spirit or wealth, accurately discriminating between the imp ost honeof idleness and vice, and the claims oh' industry and Witte. 13. He ought to be sensible that the letter of the laws is the rule of conduct fur subjects as well as magistrates, awl that no man is amenable to magisterial authority Who has not offended against the ordinary and obvious tL isittrs [Pitica 90. To perform these important functions usefully, t• • :-- tively, anti honourably, there are requisite, in the per.,,l of the sheriff, I. Public spirit, and independence of mind atd tua)c. 2. llabitnal sentiments of charity for the ft:tilt:J.!. al:. I of tenderness for the misfortunes of his fellow. beiti4s. 3. unshaken attachment to public liberty, an.; :o the person of the sovereign. 4. Persevering vigilance in the superintendence ~1 every department of duty, taking nothing 011 trust, a.:41 leaving nothing to deputies. ~ An immoveable respect for principles, never errn promising them to gratify temporary prejudices or p:•.“..- tices. 6. Courage to resist the clamours and intrigues tit those who profit by abuses. The details of duty are implied by the duties tilt ',- selves; but those of primary importance are, 1. To visit the gaols frequently, and at unextweted seasons, unaccompanied by gaolers or turnkeys, mit care that imprisonment includes no punishment beyot. safe custody. Y. To ameliorate the condition of the prisoners at: 1 their faiiiilles,aird to report to the executiv.. gcnertime,t those cases on which the law bears with unreasonable severity. 3. To take care that no punishment is increased or. ink to any 'popu!ar prejudice against the criminal, and Ilia , . all the judgments of the law are executed in tenderness and mercy. 4. To strike all • juries in rrson, and to take especial care that the spirit ol all the laws for striking juries is acted upon. • i, 5. To guard agehist cabals, prejuilies, intrigues, and improper intitteuctstw juries, by calling each jiffy in 4 predetermined outer: hunt at least three remote districts of the prise fiction. ~ 6. 'ln stinunthr grand juries, in a sintitar rotation. front aiming the'mostiiiteiligent and itinepettilent pvi , sons of every dis rO 4 wising care that there is a due mixture and bat 'of local interests in every grand jury. • r. 7. To examine minutely and scrupulously every cliar,!e made against gaolers, turnkeys, bailiffs, and their followers; to visit lock-up houses, and be sure that no extortion bail. In a wnnl, the security, under the law of our persons and properties, against (oppression or mal-admMistration, is in the hands of the sheriff, and it depends greatly on his vigilance. whether the laws serve as a means of pro tection or annoyance. While the verdicts of juries re main a barrier against the caprices of judges, and the influence of wealth and power, it is evidently of die highest importance that the sheriff summon them in the way which is most likely to secure an itupanial and st,- , dependent decision, for therein lies the essence of Eng lish liberty. On the intelligence and uprightness of this executive officer depends, therefore, all that is desirable tinder the a:minim:ion of England, and all that renders this empire, in respect to civil liberty, superiuc to wally other nations. PARSECUTIONS OF THE CHRISTIANS IY CHINA. .~ . - 7 -siesise.-- A letter from a Missionary at Macao, dated the I" of April, 1819, gives the lisllowing details upon the persecution of Christians in China : " livery European Priest, says the writer of the letter, that they discover, is immediately arrested and put to death. The same death is reserved for Chinese Christian Priests. The other Christians, if they refuse to deny their religion, are tortured in the most shocking manner, and made exiles in Tartary. In the year its itt, they hail, in the prisons of Studien alone, not less thstt six) Christians, who expected death or exile. A Chinese Priest had been strangled, and two others were to share the same fate. In the whole Empire there are only five Missionaries. At Pekin they cannot converse with the inhabitants unless they see them privately , . . " The Emperor has tied fired he will have no more foreign painters, clock-makers, nor mathematicians.. 0 r .---, The Bishop of Pekin has endeavoured in vain to ititro:s,..' . - , ..Z. ) duce hittilf, tinder that title, into his diocese. Tng l A'. . only means kft the missionaries fit correspondence wi di • . , - the interior is to bribe the couriers passing betty 1 4 .s —.l " '! Macao and Pekin : but if they are disco% turd, both -, li instantly pin to death. Notwithstanding all the perie. , • cutions, the Christian religion extends even amidst &ea. • , - ' N. torments of the faithful. During sixty years past tketx•C. - m u" have not been more than fit cor six thousand CUristiak •.e • ° . j il" in the province of Stitcher,; there are now not Its t ... a s ".- r .%*".!, sixty thousand. l'his fact will verify th e ai l eie l ii p .:'st C. N ' cL......... dietenti of Tertullian—" P.Cangmb etartyrron 3Calei (Arp- , litintorstx." -)t,i'd Our thug, Condtitution anb U almS. MONDAY, FEBRUARY RI, 185b0 nterpretation of some law, and who has not beencon vieted. oo the oaths of credible wittitrivo, either by the recorded adjudication of a jitstire of the peace, or by the solemn verdict of a jury of his country. 14. 111 cominittin„; to prison the magistrate should carefully distinguish whether the object is correction after c totaled (((( . or simple detention before trial, and should direct his warrant aecordingly ;no ii being liable to be sent to a correctional prison, or sulijict to a correctional discipline, except as a pimishment after a recorded conviction ; and simple detention ouOit to lake place iii the sheriff's gaol only, because the sheriff is an hotionrahle officer, Ito 1 by the ancient laws of the land to perform the important duty of making return to all sessions of gaol delivery. 1.. in imposing penilties. where the statute has given a discretion to the magistrate, he ought to be governed in his decision as well by the means of the parties, as by the repetition or turpitude of the offence ; because a mulct implies hot a portion of the offender's means, and it is with a view to various shades of culpability that the law has empowered the magistrate to exercise all equitable discretion. . . I. In assigning ponishtnenu, it shoold be considered that the penalties of the law always contemplate extreme Cases of turpitude, generally leaving it to the magistrate to mitigate and ailiortiim the punishment according to the creimistatices of every offence; iii doing which, it should be remembered, that the scripture enjoins us " to forgive our brother seventy tunes seven hum ;" that the penalties of the law in In never to be passio nate or viiiiticiiie, but to be sh iply cautionary lOr lost or trivial oliencts, gently correettie for secood off, ices, and exemplary atop SLACT& only Niel applied to incor rigible culprits, or to very henna fillies. 17. Every justice of the pea Ito is anxim e. ry u to pr I see the honour of the: laws, wi ',pearl' discourage ap peals against his town cotivietionlie in oily way oh !lnlet Of influence the decision o• such appeals ; anti, as often as the letter or spirit oi Of law appears to him to have borne with lue sevelity on individuals, or families, be will benevolently ascertain the extenuating circuitistatices of the case, and bring them iii due !Orin before the bench in sessions, or before the grand jury at the assires, in circler that the suffering party may, through their recommendation to the proper authority, obtain the royal pardon. 18. A discreet magistrate, will, on all occasions, avoid mixing in decisions that involve his personal interests, ilk family connexions, his friendships, or his known or latent e iiiii i i ies. 111 all such Ca>es, he ought magnani mously to retire from tile bench at sessions, or to call one or more of the neighbouring magistrates into his juris diction. lie should remember, that his character will lie in a stale of haaard whenever his predelictiona as a private man, a politician, or a theolostan, interfere with the independence of his judgment as a magistrate. 'l9. A paternal magistrate will do more good in his n Ughbourhood by his advice and example, than by the force of authority and coercion. lie should lend his countenance to the virtuous, aunt his protection to the unfortunate ; but, above all, he should set a good exam ple in his own conduct, and exact it frau all in authority • beneath hint ; because he can never punish with effect any vices which he practices himself, or tolerates in his agents; and their combined example will prove more powerful than all the instruments of judicial terror. frO. A justice of the peace, holding a co tttttt ission front a constitiltional King of England, and its authority under the mild laws of England, will always feel that his power is emilerred for the portion of increasitig the happiness of all who are subject to his cognizance, and within his jurisdiction; that lie is guardian of the pubic morals, a conservator of the peace, and protector of the public and personal rights of the people; and that it much depends on the wisdom and pr ace of justices of the peace, whether the social comb et which binds the people into one nation under onsr•ruler and one code of laws, serve as a curse or a blessinjj; • m;: DUTIES OF SHERIFFS MY TUC SAMS. Anciently all ,Sheriffs were elected aronally by that portion of the people in whose behalf they were to serve the oilier. For five centuries they have been returned by the crown ; but, by the common:on, they still are popular officers, appointed in execute the laws in the name tea ine sovereign, with doe respect to the privileges of tlie people. The general duties of the sheriff's offlc4re six-fold : I. As executor of all writs and legal prOcest. 2. As keeper of the prisons. J. As A tttttttt (liter of.turyitien. 4. As guardian of courts of law. 5. As eXtelltlVller of all sti tttttt ary t.hinelits. 6. As presiding ollicer at the return of all repreenta t it vs to I'4ol3mi:to. ~!"~, T ~