The Sun.
London, England, 1826-06-26 00:00:00

THE LONDON JOURNALS.

DAILY EXTRACTS FROM THE MORNING PAPERS.

JUNE 26, 1826.

[THE TIMES.]

In another part of our journal will be found' a para.-7
graph dated Carlisle, giving an account of the death
of another individual,.. occasioned by the firing of the
military during the electien for that city. This makei
the third
,death, and, as is usually the case under Simi-
hr circumstances, the three persons killed were entirely
innocent of the disturbance, for the quelling of which
the soldiers were introduced. We have already repro-
bated the unconstitutional practice which 'has'been re-
sorted to in so many places, of calling in the military
at contested elections ; and we have lamented, as one
of its most melancholy results, the apparent apathy
with which in ahnost,every instance this novel outrage
on the. constitution has • been regarded both by those
who caused and those who witnessed it. We have now•
a few words to say on one of the'most obvious and imme-
diate efkcts of this modern anomaly. It has appeared
from the inquiry already madesthat all the persons killed
bad no concern whatever With the riots one was a girl
sitting in her father's hotise ; a second a woman stand-
ing quietly at- her own door ; and the third a ul,an
going home, and in Ids own street, which was empty
4 the tune. We will take it for granted, though it is
by no means certain) that in each of these cases the
killing was accidental ; but that circumstance in our-
mindssforitis' the, great objection to military interfer::
ence. -It isbecanse the application of military forcers
from its very nature at once indiscriminate and deadly,
that the law discountenances it, and common sense
and justice abhor it: It iS true that force must he re-
pelled by force; but „there is no maxim in law more
,clear than this---that no maids justified in resorting to
excessive force. The law justly imposes on all men
Whose violence has occasioned the death of others, the
onus of proving thatsthe violence was necessary in Self-
defence. What is true of individuals, applies also to
Magistrates. They are not from the impulse of vain
or exaggerated fears_ to have resort to the motif terrible
of all remedies—the summary infliction of death :
they were bound to show that there were no other
possible means of quelling the tumult. It is not (as
is so often. erroneously suppoeed) the reading of
the Riot Act which invests them with such extra-
ordinary powers t - the Riot Act merely puts the
rioters in: a,new:position with respect to the-penalties
of law,, by converting the trespassera who disobey it
into felons ; but though the rioter becomes a felon,
110 idon to be tried., by, a jury, and condemned
by 04 jury, before he can be punished : he is not a
:nad dog, tä be shot at by the first gun that can be
levelled against hiss. The Riot Act, therefere, gives
no power of summary punishment : it leaves the
case, as regards the Magistrates, precisely as•before----
that is, the Magistrate must prove satisfactorily that
the riot was 'of that fonnidoble and dangeraus'eharac-
ter, that nothing but military execution could subdue
it. 'Them is another.. point ‘shich deserves s brief
notice.; The Coroner, it-is said, refused to receive as
evidence the dying declaration of a Wounded man,
because it hsd not been •tal:cn in the ptc:ience Of a
inqtstrate. is lanientAble to et! a Wall filling m)
important office so ignorant of one of the most familiar
rules of his.:profeaslon. 'the declaration?! or, dying
men, whether verbal or written, are always receivable
as evidence to whoinsoever they are made, with the
sole condition that the person making it believes him-
self , m ,
to. be dying, and. at tne, witness who repeats.it is
weithy of belief. We earnestly, and with some con-
fidettlks. recommend this case to the attention of Mr.
Peal, who has shown a very sincere regard for the
laws and constitution, of his eisuntrv,, ley his strenuous
and persevering "effbrietu strengthei;,,,:iyhatever is weak,
and to ameliorate whatever is: defective in there, and
thus to sender the system more durable, betauie more
worthy of duration. We are sure that lie cannot do
a more acceptable service than by ordering wstriet
in-
quiry into all the circumstances of this melancholy
transactionS:. and we rely upon hits firnineas to do his
duty, if he shall find that the Magistrates have ex-
ceeded theirs.