The Sun.
London, England, 1819-03-26 00:00:00

MR. EDITOR—I take the earliest oppartnnity
in my power of offering some Remarks on,the
Letter which appeared in " Tsia SUN," about_
week ago, signed " JUSTUS." The untenable
side of a question is that which has not one fact
to support it ; for the facts assumed as true in
" JusTus's" first Letter,-having been proved by
Mr. ATKINSON, in his estoellent and 'becoming
Reply; to be unfounded, are consequently " re-.
• • '• -
fitted." Of either of the learned Professions to
which " JUSTUs" has -in no respectful a manner
alluded, I have not the honour to be a member ;
but I can easily give him credit for being com-
pletely ignorant of the worth and merits of many
individnals of each 'who reside 'in country toWns ;
and who may be classed among the most respect-
able, as well es most useful members of society.
Passing on we come to some novel and unex-
pected information, that /' the Judge is appointed '
to hear, try, and determine," &c. Surely for
Judge we should read Jury ; or we must conclude
that this well-informed writer was never in any
Court. of Criminal Inquiry in his life. When a
Judge is said to try a prisoner, nothing more is
meant than that he presides at the trial'; states
the law, (most especially every part of it that
is in favour of the accused), and recapitulates the
evidence to the Jury, who are sole pidgei of the
fact, and who declare their sense of it by their
verdict ;• and even after judgment given upon such
verdict, " the discretion of the law's execution is
still left to the Sovereign ;" inasmuch as convicts
appointed for execution may be reprieved by ap7
plication to the Throne. " JUSTUS" will. not
distinguish between Justices sitting in Session,
and Judges of Assize. The former have not the.
power of remitting their own sentences ; the lat-
ter are the personal representatives of the 'Sove-
reign ; and are, therefore, properly invested dilr-
ing the whole time of the Circuit with the Otero-
gritive of mercy. A Judge at the last town of any
Circuit may, if expedient, reprieve a prisoner left
forexecution at the first. It was on this account,
that I said, and I think not improperly, /bat a
person unfit to be thus entrusted with.the admi-
nistration of mercy, ought not to be placed in so
sublime a seat of justice. We are Nigher inform-
ed by " JusTus," " that capital punishment is
inflicted in the country for crimes not so punish-
ed in London." This surely is a most nuthenant
charge, and
VellS intention of its Author, by exciting discon-
tent,' but it can only do so with uninformed per-
sons ; for the ignorance of it is about equal to the
malevolence !, Such an aspersion upon the
admi-
nistration of justice -in this kingdom will call forth
the severe and merited rebuke, I trust, of some
professional pen. From the next paragraph we
may gather, that modern Reformers are not, al-
ways consistent in their opinions. Mr. BENNET
has complained (though without any good reason).
of the delay of the RECORDER'S Reports.—
" JusTus" thinks such delay' right and proper,
at any rate " more agreeable ;','-sand I really con 7
cur with him, as it allows longer- time for the
more complete investigation. of circumstances
and previous character: But this has nothing to
do with the case of convicts at the Assi2es, where
the investigation in question is properly made at
the time and on the spot.—l now come to the
first disputed point, but can only repeat upon it
(and appeal to the good sense of the Public to 1
determine), that Bishops sit in Parliament, be-
cause they are Bishops ; and that the Chairman at
Peterborough did •not sit at the Sessions there
because he was a Clergyman. Peers decide at a
State Trial in the manner. of • a Jury, and deter-
mine upon facts. The Reverend Person above-
mentioned discharged no such function, hut mere-
ly pronounced a sentence upon the verdict which
a Jury bad given. I must lastly deny, and most
explicitly, the_ charge of superstition brought
against me. I attach "no exclusire sanctity" to
Episcopal Robes, or Clerical Vestments. Their
sanctity is, doubtless, derived front the sacred and
important functions (the most important that can
engage the, attention of man) of those who wear
them.—l merely remarked that Spiritual Peers are
distinguished in Parliament by their attire ; and
that a Clerical Magistrate is not so distinguished
from his Lay-brethren at the Quarter' Sessions.---
I will now only add, that I never was at Peter-
borough, nor even in the County of Northampton,
in my We; and that I have not the pleasure of
being acquainted wit-h any one of the Gentlemen
whom " JUsTUs" ha's traduced in so very uncan-
did and illiberal a manner, farther than by their
conduct in time instance in-question, for which
they have my high respect.
March 23, 1819.

A:11.1C US.

INTERESTING TO FARMERS, &C.—On the 13th
instant was killed at Old Bewick Farm,-in the
parish of Eglingham, a quey, coming three years
old, the property of Mr. Henderson, of the Bell
inn, Belltord. About 17 months ago the animal
broke one of her hindmost legs, when amputation
was deemed necessary, by which the poor animal
was reduced to a skeleton. The defect was at
length supplied by a wooden leg, with which the
quey walked about and grazed, and became the
astonishment of all who beheld her, being in a
tine thriving condition, arid Would have fed like
any other beast, had the owner chose to have
kept her. ner beef, although she was fed with
nothing but straw and turnips, is stated to be of
excellent quality. Weight of the carcase, exclu•
sive of four stone of tallow, 43 stone 5 pounds.

perjury, it appears to me that mr,re is expected
than can ever be performed, such a task is nut
only invidious but impracticable.
The last Act having enacted that those who
have acted with gross injustice towards their Cre-
ditors should he remanded, it must now be taken
for granted that none of thoia who have been su
discharged have so acted, or at least that their
Creditors have omitted the opportunity of esta-
blishing their Debtor's guilt before the Commis-
sioner, and therefore having passed the ordeal, •

they must be considered innocent, unless the con-
trary can be shewn by evidence which the Cre-
ditors were not in possession of at the time their
Debtors were discharged!. •
But it appears to me that more tenable grounds
of opposition to the renewal may be taken. •
Ist, That as the Act now stands, it - is some-
what bad in principle, as the fraudulent Debtor
has the same advantage as the honest Debtor, and
the writer considers that 'imprisonment should
extend to certain sums ; but, if fraud is proved
against an Insolvent, or secretion of proj • t )er y,
the Act should sublet.; such Debtor to transport "rl.•
tion, or solitary ent.fflietnent. The writer con-
siders the Act obvioesly bad, because it gives le-
gislative sanction. and encoaragement to unprin-
cipled persons to coutract debts, by lettiov them
know the tull measure and
_ • .1.11 inert doing, so,
namely, a three months' recreation in tiw Rules of a
Prison, which, like 911 autumnal trip to Illargateor
Brighton, is generally a mere change of sce.ne,les-
tirity, aka' jubilee. As the Act is now constitut-
ed, I will venture to assert. it is in the power
of any tuan possessing a good address, a fair
exterior, a little maoagement, and beginning
with a thousand pounds, to riot in every luxury
and extravagance, and then laugh at his honest
and deluded Creditors ; or, if he shoold possess
sufficient grace, may leave them a miserable Divi-
dend of sixpence in the pound ; and, therefore, as
your able, intelligent, and learned Correspondent
SPRUTATOR truly says, " the turpitude of guilt
falls more frequently on the Dupe titan the Vil-
lain." And whatever opposition, the Creditors
may make to such a Debtor, there will not be the
smallest chance of getting him remanded,fand for
this obvious reason, the property is expensled or
made away with, long before he bargains with the
Marshal or the Warden for the Roles, and he will
take "care that his schedule shall contain a full
and true account of all his expenditureS, " since
his first commitment to prison." A thousand
such cases might be enumerated, in which the
Debtor is equally certain of getting clear, and the
Creditors equally certain of losing the whole of
their demands ; and surely, if such men are to be
discharged, it is but reasonable, as a satisfaction
to the Creditors, and the lisht and moral pan of
mankind, that their account of property should
not he contissed to the time of their imprisonment,
but from their " boyish days, down to the time
in which they tell the tale."
As to the mode of administering the Act, it
seems desirable to prove that persons have been
discharged when it has appeared prima facie by their
schedules that they 7,IIUSt have acted with injus-
tice ; 1 mean, where the Debts are great, and the
effects little or nothing ; where large sums are
due to Tailors, Hosiers, Jewellers,. Boot-makers,
and others, for Apparel had a few months before
imprisonment, and the habiliments of such an In-
solvent are stated as not exceeding in value 101.
or 121.

And as to the practice of Agents in the Insol-
vent Court, they have rendered the wholesome
provisions of the Acts nugatory and inoperative
by their artifices and mal-practices, and have been
unconstitutionally and illegally allowed to conduct
the cases of Insolvent Debtors. Many of them
are particularly expert in buffing notices, ante-
dated assignments, sham debts, collusive arrests,
hired bail, perjured bail, committed bail, habeas
Corpus, and sham renders, &c., in order to place
Country Debtors at a distance from their Credi-
tors. Your Cot respondent, SCRUTATOR, has
handled • these men so ably, that any further-
comments would be unnecessary. I trust SCRU-
TATOR trill continue his exposition of mal-prac-
tires of the Agents, and that he will favour the
Community with his sentiments on this Act of
Parliament, as it certainly creates a heavy ex-
pence to the Debtor as well as the Creditor ; and
point. out what amendments will secure the Cre•
ditor against fraud and imposition.

AN OBSERVER