The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-30 00:00:00

pnonscfi:s tar CF::VITAL AIIEI2ICA.'
Among the number of Dow States which nave been jute /blinded in
Anent& oo the ruins of the old Spanish dominion, the Republic of
eleatlenals deserves some notice, If not as the largest yet en one of
tae finest and richest portions of that east continent. l'h is country
uomelsa a distinguished rank among the new American Republics,
sad it is not without reason, for, with the exception of Colombia,
twee in none better governed, or wham progress is more regoiar
mad kri impeded by a spirit of opposition, or where the actual
suits of things has been introduced and established with lei COW.
wotion and more humanity.
'fhe tine:est kingdom of Guatlmhis (at present the Republic of
the united provinces of Central Amerika) comprehends that narrow
part of Ameriat situated between 'Chimps, on the river Tabesco, and
the isthmus of Panama. It extends from 82 to 93 degrees west
iengitude from Greenwich, and teem the 11th to the 17:h degree
north latitude; making its Wirth 11 degrees, or 22 Spanish
leagues, which is at the rate of le to a degree, cerreepoeding
therefore, to 290 English geographical leagues. The two extremes
sic on the aide of Maxie o, Chien„ and on the Colombia:3 frontier
Leithlal. Its breadth is nine leagues Trail the most southern
boundaries of Costa.Riest to the most nor:hern of thc ',enlace of !
ceieea, and the distance from one sea to another is at the broadest !
pit leo leagues, and 00 at the narrowest. It is bounded oti the
'ln-en by the province of Oaxac., in Alexim, to the north-west by
that of Vecatan, bellongieg 10 the same State ; to the north by the
Xosntle ocean ; to the Muth-east by the province of Veragnats, in
Colombia; and to the south and south-west by the Pacific Ocean. !
So that her coast on the Atlantic extends from a little above the
tie,/ Chaxal, in the bay of Honduras, to the Escudo de Veraguas.
and en the Pacific from the bar of Tanabe in the province of
tiocoousco,as far as the mouth of the river lloruca, in the provloce
arose* Rica.
This country is so fertile that it produces a vest quantity of ex-
cellent fruit of different sortis, even upon the mountains where their
eultum is neglected.. The lowers are neither less numerous or
esteem. The harvests are so productive that they generally yield
a bombed for one, and sometimes, in cettein parts, five hundred
fin one, and that generally two or three times in the year. The
isterior of the earth also abounds in mines of gold, silver, iron, I
Ind. and other minerals. There were formerly voice:ones. which
omertoned great ravages, but the greater part scent to have burnt
out. Earthquakes however are frequent.
The population of the city of Ottatirucila at present amounts to
30,400 seed% In 1/95 it wan only 23,434. That of the whole con-
federation is 1,800.000. In 1771, according to a eensuk made by
tan of the King of Spain. the inttehitants amounted to 797,21,4.
This large increase in the last 47 ?can has been particularly re-
markable. The colonies of Old Spain declared their independence.
The war which has been the consequence of this greet poiitical
resolution not haying, very fortunately, extended to the proetnces
e(Ouatimale. has singularly favoured the growth of the pnpula-
tion, and Viet has not b-ee a little aided by the greater 'celerity
fie commerce than in any other part of Amerce, desolated by the !
Wage, of war, which has also occasioned emigrations from :hose
oeuntres to this.
Them has never been more than a few dnys dieturbence in;
Cleatimala, and that wan at Grenada, in the month of September.
let year. Active measures were pursued with the factious. and
&her tro or three actions, in which al persons lost their lives,
older was re-established, and since then the greatest tranquillity
los reigned throughout the Republic. There had been before that
some movements directed against the authority of itnrbide, but
they had been without any result ; and it was not till 31mi:to deli.
Morel/ constituted herself a Republic that Guatimala formally de-
clared herself independent. It is remarkable that. the Mexicans
did not in the least oppose this act, which might strlatly hare been
regarded ss a blow at the integrity of the 11exinin territory. The
lievernment, on the contrary, showed a kind of eagerness to ac-
keewledge their independer.ce.
The Guatimaliare are generally humane, generous, and affablei
inwards strangers. They are particularly rematkable for their ths-
cretion : for when a secret is confided to them, they would rather
kat their life thin betray it. Unfertunately they have hitherto
nints.l to those good qualities cowardice, week nese. indolelee, su- I
perstition, and an irresistible inclinatton for !einem?* liquors. I
Their superstition has sensibly decreased within these few years, I
tied the new political institutions which they have adopted will no
dcsbt raise io their character that ettergy which they want.
Before the revolution fiestimala was divided into efteen pro.
nieces. At rement the confederation is composed of seven states
cooly ; their names are Chiapa, Cesta-Rica, Nicaragua, Honduras.
So Salvador. Guatimala, and Quesaltenango. These states arc
divided into districts or denattments, and each has its Constitution,
its Legislature, its armed force, and particular Government.
Their polities! organisation is entirely modelled after that of Meeico.
sho adopted It from the (limed States of Western America. it is
reedy the same with the Federal Constitution, the substance of
wese molt important articles is as follows :.
" The sovereignty belongs essentially nod radically to the nation,
10.3 is bound to protect, by means of wise and just laws, the rights
et man sad of citizens.
" The religion of the n.'ttiott is, and shall for ever he, the Cstho.
le Apostolic Roman Religion.
"hit nation adopts as the form of its Governments Represents.
The intematic% independent,anpod-treien(lserahrteivfereße,ePubri and sovereign
rates, in all that relates.
to the administiation anti government of
tie interior. The particular constitution of each of these state'
inn be established upon the principles of the present general con.
retetion, and they shall not establish any thing that may be op.
prmre to it.
" The supreme power of the confederation is divided into legit.
Mier power, eircutiveTewer, and judicial power; there powers
are separated for ever, and it never shall be possible for them to be
tatted in one single person or corporation.
"Tbe legislative power, under the name of General Coneress,re-
sides In a Chamber of Representatives, and a Senate, the h 1 embers
alibied' shall be appointed by the citizens of the states. The num.
bad Representatives from each state shall be in proportion :o its
rpt!ation. Indepenticnt of this, however, each state shall appoint
ton Ser.at
" it exclusively belongs to the executive power to make laws or de-
mu to maintain the minuet independence of the states of the con.
fterstMn, and to preserve the federal union.' to regulate and pro-
tect the liberty of the press, to declare war according to the me • yes
yen by the exemtive power, to sanction treaties of peace, of ani-
ses, of confederation, or of armed neutrality, he.
e The SupretneExecutive Power shall be confideellto ore or more
edividuals named by the Legislaturee ofelie Stem. Its ditties
lean be to cause the laws to be carried into effect. to appoint or
dismiss the Secretaries of State, the °Meer, of the General ad-
ministration, Ike. It shall dispose of the force armed for the de.
tree and security of the Confederation, without, 'however, being
We to employ the soldiers out of the States to which they belong.
eitheethaving been authorised by the General Coagrese. It shall
appoint the officers of both the land and sea service ; and also with
lbesprobation of the Senate all Ambassadors and.Coneuls. It
shall carry on the repel:none with foreign powers, but it shall i
no:be tele to proclaim any treaty whatever, without the ratifies-I
tifle of the General Cengrees. It shall he able once only to object i
to tile laws 'unposed by the General elongate, within ten Mita!
Ater the official proposal of them, and to suspend their elevation
until Cengreas have deliberated upon the objections. It shall give
net decrees and ordinances for theexerution of the constitution and I

NONE
KENT ASSIZESTra.riaToxt, JULY 28.
Before the Lord Chief Ju•Nce BEST and a Special Jury.

KIWO v. ABRAHAM CONSTARLI,MSQ. lb
•
This was an indictment for a misdemeanor, The Indictmeet
stated that the defendant, as nue of the Justices of the Peace for
the enmity of Ker,t, having no regard to justice or to the duty Of
hi. office, but unlaweully intending to aggrieve and opp•eas one
John Baker, and to expose him to ;gnome,. shame, anneal, and
disgrace, oe the 30th July, 1822, without any reasonable or pen-
liable cause, and under mere colour and pretence of his office, die
sign a warrant directed to the keeper of the !louse of Correction,
at hlaidstone, reciting that he ( Baker) had been duly convicted
before him (defendant) by the oath of Joseph Abbott and Thomas
Ferguson, of being t rogue and vagabond, to wit, for indecorentsty
conducting himself, and that he (defendant) had for his maid offence,
adjudges' him (Baker) to be imprisoned and kept to hard labour foe
three month., and by the sail warrant did command the said keeper
to detain him for the tern therein ppecifiee ; whereas, in troth and
lin fact, the said J. Baker had not, at the time of the signing of ibis
i said warrant, been duly convicted by the oath of the persona
therein namol, or by the oath of any other onions, but on the eon.
teary,siefendant had signed the raid warrant without seeing the said
I J. afar, and without giving him an eeportunity of making his de-
fence, or of examining the witnesses to the said supposed offence,
/to There were other count,, varying the charge in paniculars
not necessary to mention. Tire last count was for false imprison.
trent.
iiii Thin case excited extraordinary interest, and the Court was
crowded to cares The Ml.e was appointed to be tried by a Spe-
cial Jug' at the instance of the prosecutor.
Mr. Gueer co, with whom was Mr. ADet.rtlVS, stated the else
for the pro.enition. Ile said it wan essary for hint to draw the
most onion+ attention of the Jetty to the case he had to ley before
them, after !raving heard that the indictment, which had been
opened by Iris Learned Friend, imputed to the defendant the grave
offence of having abused hit office of a Magistrate. Every thing
connected with the administration of justice was of great import.
ante. Its propriety and purity were of vital consideration, when
'Monsen' to the ?tends of the Magistracy of the country. Thom
were no duties imposed upon a Magistrate which ought to be morn
fairly and honestly die:Merged than the duties which the Jury
would find had been east upon this defendant for in the instance
in question, the law heel vested in hint the fearful power; of both
Joege and Jury. In hie hand, had been placed tee liberty of a
fellow subject, and to his sole determination bad been left the
truth of • serious accusation, and of pronouncing upon the guilt
or Innocence of the patty charged, and of deciding whether be
should or should not he doomed to an ignontinotts and grim
nits punishment. The charge against the defendant wan,
that fie had abused these powers, by consigning the prosecutor to
an infamous and dreadful punishment, without hearing his ac.
awn on oath, or giving ;rim an opportunity of making his de.
fence. The defendant had long been in the Commission of the
Peace. Ile was rut an inexperienced Magistrate, for he (Mr. O.)
had for mare! years observed his name cutting a conspicuous figure
in the gaol calendars, at the Assizes. Formerly he had been a
brewer; but having retired from buseuess, he became a Magistrate,
and resided at Lewisham. where he had on office for the transacting
of Moines; which came before him for judginent, as a Justice.
The prosecutor war • man in a humble Amaden of life, but bore
nn ireeproechable character, carrying on business as a greed-grocer
as Hertford. He was a married man, and had a family. On the
30th of July, 1822, in passing through Greenwich-park, on husi.
nen, he was accosted by a little girl, about nine or ten years of age,
who was crying. He was inquiring into the cause of her grief
when a couple of loose idle fellows, who appeared to have been
lurking about the park. came up and accused him of having misbe-
haved himeelf tower& the girl. Thepreoecutor would be examined
nn oat hem,' he would declare solemnly that the charge was absolutely
false. Whether it tens true or false was, however, • question
wholly irrelevant to the present inquiry ; for whether Baker was
innocent or guilty, the conduct of Mr. Constable, the Magistrate,
wan equally unjustifiable. In vain did Raker protest his innocence ;
his accusers charged him in custody of the park-keeper, who was
&lea a constable, for the purpose of taking him before a Alegi*.
mete. By the provisions of the Vagrant Act, which was then in
force, a small reward was given to persons inttrumernal in the ap-
prehension and conviction of vagrants. Happily that Act was no
longer in existence. Its enactments were found to have such a ten-
dency to produce oppression and injustice, that the Legislature
wisely repealed it in a subsequent Session. Indeed, in conse-
quence of the rewards which it held out, the elagisttacy of the
country were almost solely employed in heating charges of ea-
grapey, many of which were without foundation, and thus innocent
persons were often doomed to severe ennishmente on the one hand,
whilst enormous expenses were entailed on paddles on the other.
The prosecutor was immediately taken to the house of Colonel
Foreman, a Magistrate ; but that gentleman being from home,
he was then earned to the house of the defendant, who
was also from home. but being then spending the day with
with Mr. Brown, his nephew. the prisoner was carried to the
house of tire latter. The defendant, on being apprised of the
nature of the business, ordered the parties to go to the clerk's office
at Greenwich. Accordingly the prisoner was taken to Mr. Birk-
nell's office, when that gentleman a clerk, after taking the depoei.
titans made out • commitment, and delivered it to the constable,
who Immediately carried it to the defendant for signature. With.
out examining any re the witnesses, inquiring into the nature of
the charge, or even seeing any of the parties, the defendant forth. '
with signnetbe warrant of commitment. by
.which the unfortunate
Iprosecutor was doomed to three months' imprisonment and hard
abour. The constable not having immediate means of conveying
his primmer to Maidstone, locked him up for the bight in the cage.
There he remained until next day, without even the common ne-
cessaries and conveniences of lodging, until the next morning. It
happened, however, that the Maidstone coach was full, and the
constable having no mode of removing hint to his destination, he
was again returned to the cage to await his passage by the following
day's coach. By this time a great stir was raised in the neighbour-
hood in consequence of this extraordinary proceeding, founded as it
ens upon a charge mule by persona whom nobody knew. Four
or five of the Constables of Greenwich, who had known Baker
to be a man of geed character, anti of perfectly moral habits,
waited norm the defendant, and represented bim to be a person in
their opinion incapable of the misconduct with which he was
chargea, and their conviction that it was a false charge, made by
scene elle vagabonds who had imposed upon him. The defendant,
upon this representation, sent a messenger to the Magistrate's clerk,
ordering him to discharge the prisoner. The desk very naturally
said, " I can't discharge him ; he is committed in execution of his
sentence, and 1 have no power to discharge him." In the result,
the unfortunate man was sent to el aidstnne gaol, and placed on the
tread-mill for three months. His wretched wife lied in the interval
applied to the defendant, representing the injustice which had been
done her husband, and entreating some mitigation of his fate. This
application was repeated several times. The defendant promised
that bet husband should be liberated. She came down to the Sum.
user Mein* 1822, turd then the defendant, who was attending the
Court as a Magistrate, affected to pity her situation, and told her
else might depend upon his sending her husband home with her.
This promise, however, was not performed, and the unhappy man
actually underwent three moraine imprisonment and hard labour in
the house of correction. It might be asked, why he did rot appeal to,
the Quarter Sessions ? The answer was obvious. Hie term of im-
prisonment would nearly have expired before the Quanta. Sessions
arrived, and therefore it would avail him little to appeal against an
unjust sentence, which would have been suffered before redress
could he afforded. Again, it might be asked, why did he not
bring his action, instead of preferring this indictment ? The fact
was, that he had btoaght an action, but in consequence of a formal
defect in the notice 01' action required by the statute in the case of
• Magistrate, he was obliged to discontinue the action, whereby he
was compelled by the defendant to pay treble costs, which amounted
to 301. It was then too late to bring a fresh action, and thus the
prosecutor was defeated of justice in that mode. Indeed, the indi-
Renee of his circumstances, ruin having been entailed upon hint by
this iniquitous proceeding. he was in no condition to cope with the
defendant, a man of wealth and influence. The only remedy left
him was to institute the present indictment, which would have been
brought to trial at the last Assize,, but for the sudden indisposition
of a most material witnses. after eleven of the Jury had been 'morn.
Tee charge against the defendant was, that he was guilty of gross
negfigence and inattention in the discharge of his duty, thereby a
grievous injustice was imposed upon an innocent man. eseed with
all the attributes of a Judge and Jury, Inc had blindly doomed a
felloveoubject to an lononnnious sentence. in violation of the first
I principles of natural Justice, and had committed an offence which
amounted to a heinous crime, as respected the character and duty
' of's Magistrate. With the guilt or innocence of the party suffer-
ing the Jury had nothing to do. Admitting hint to be the most in-
famous of men, the offence of the defendant could in no degree be
lessened by that circumstance. As a Magistrate, he had grossly
violated his duty ; and it the Joey were satisfied of his guilt, they
were bound to say so by their verdict.
Mr. Thomas Agar, Governor of the gaol sod house of correction
at Maidstone. produced the commitment, signed by the defendant,
slated :10th July, 1822, whereby Baker was adjudged to three
ittoetlis* imprisonment and hand labour, under the authority of the
statute 3 (leo. IV. LThe commitment was put in and read.)—
' Witness believed the signature" Abraham Constable" to be the
; I defendant's writing, though he never saw him write. Ile fee-
'; quently acted upon commitments with the like signature. The
prosecutor, Baker, 'anal his three months imprisonment and
Root number of foreign merchants have already arrived in the darn labour in the house of correction. At that time the tread-mill
'l"t•ine: of Guetimala ; the I imminent having shown an incli- wag not erected in the. prison, but Baker underwent the usual
to establish cnnimerciel echelons equally advantageous for ! labour imported on convicted vagabond., such as drawing a truck,
••••3nlis it is not douloed but that this tie h country will Man I breaking stones, and picking oakurn. Sometimes he acted as
ere as excellent outlet far European produce, as are already the war lemon.
Repaelles of America. John Baker, the pensecutor, was 'put into the box, and by his
TSt crisis which hate lust been made in Mexico, for the exeeu.: evidence fully supported the case as opened by his Counsel, Mr.
eel the plan which was adopted in the last general Assembly, °money.
rem directors to be given to the works fur exploring the Cross-examined—l never saw the three men in my life before.
have succeeded beyond the wohes of the most sanguine. ! IVhen the men appeared, I did not run away. It was when I got
Loki were before, it is true. less laborious, but the to the Hospital gate that one of the men used expressions which
. were reduced almost to neshing. This might stun the . eullected a mob statue me. I had not run away out of the park.
I had gently, and not run ano part of the distance
C. le el an administration winch dried up all the sources of dw on
beeween the Oosetvatory and the gate. Ferguson was the man
Moonily and strength; hut this carelessness would no ,
who came after ine. The constable was close at hand, when 1
e mall the new order or things, which announces vigour I
came out of the park. I was endeavouring to satisfy the mob that
energy of youth.
the charge was untrue when the constable came up. I did not bee
• reeneals of Memo. Enriee end Gambini, veteran , of Lin
go let me go, saying that I would never du any thieg of the
lute been partictilerly remarked anti approved al: There kind aain,
1-e to coneeqnerne, been some deep drains made in order to let I lie-examined—The acrusation, and my denial, were made in the
voter which leo accumula•e,l in the east basins dug in the
presence of a great many people.
of the mountains
ains by she old miners. By this means the! John EgglestonEgglestonexamined. lam park-keeper, and a constable
:of
ht leen ahate.oned tor a century, man agrees be 'of Greenwich. John Baker was given into my custody on the 30th
and those works by which the first Spaniards drew sachlJuly. I took him to Col. Foreman's, but the Colonel not being at
nannes from the mountains of 3feeico, will be resumed. bowie I took him to Mr. Bicknell's office. Mr. Bicknell is clerk
"eq thing Inds to the laCet test the Gosernmen; of this so the Justices, I saw Mr. Bicknell, and also his clerk, Mr.
-‘• will hasten to provide themselvesves welt suffeient recites 1, Beane. the clerk took down the depesitions, eVhen that had
'elm • considerable ineritime force by bey leg erzeels in been done. I went to Mr. Constable's house at Lewisham. took
fleJasitici. lßaker with me, and the men and the girl also went with me, 1

*"fhejutr.cial rower is confided to a Supreme Court. arid m tri-
butsts which shall he eshiblivbcd in each state. No individual
be::: Le Judged except in conft.rmity to the laws, and by the tribu.
nth estaLltsbcd before the act, for which he is put on trial, was
mete-teeth In conet-quence. all retroactive laws and all Special
I4ntr.i.uv tors are rot cv,x forbidden." After the adoption by all the
lne. of the Federal Constitution made by the National Assembly,
V.e !Immix' Colleges were convened to name the members of the
Nitre. and of the Chamber of Representatives, which two bodies
astra.ltti in General Congress were installed sth (larch hat.
Alloy men of education are amongthem t their debate,. do not as
Yet pose.: any symptom of opposition, and it is probable that
aettnag will for a long time disturb this happy harmony, so neces-
11/ la the legislative bodies of rising states.

The armed force of the seven ecrnfederated States at this moment
sotornt to about 10,9C0 the nary is as yet army ir.cos.siderable ;
hot measures are being taken to render it respectable.

t:p to this time the revenue, of each Stale, and those of the
fieeral (lover-meat seem to have been equal to meet the expenses. •
Ali the public services are supplied only with what is strictly tire
ets•ary ; one of the first aliMilliftlitiff principles adopted by the
f.rcot legislatures and the executive power of the confe,leratiom •
Kommie, without, however, letting any thing be in actual
sit.: of money. Hy pursuing this system they were able, In a
teiui g moment, to send Bolivar a sum of 300,000 piastres, (about
1.141101.). in order to -help him to procure what he wanted for the
NY* of that army %Net has just given the Spaniards the finish.
rit stroke is l'au. The Gustimilians aLo offered at the tame
lane; to the Liberator of Colombia and Peru, succours of men, and
~(1 of ships of war; but his decisive successes hate rendered 't
,Inrcesia,s to him to accept this offer, which he lately published
x: a suleua occasion.
Tee Oorerr.ment has Miniattxm Plenipotentiary at Mexico, and
tt! Repiblies of Southern Aitierica. They hate also one (M.
j*iePbeivtas) at the UMW States, who on their part have sent
st,e to Guattinale. Englnnil has also a Commissary there, Mr.
14"*Pion, who Was tlecretary to the Commissary Harvey, at
lec:o.