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When honourable motives are just as likely, if not to work out the details by which the former are to more so than unworthy ones, to have influenced the be carried into actual operation, and to impose decision, we invariably reject, the idea that it has exact limits upon the holders of powers

, when the been caused by the latter; and we subscribe to the words by which they are conferred ate of the largest truth of the celebrated remark of the great Condé, possible signification. “ These blackguards attribute to us the motives In the extinct act, the directions which the Court which would have influenced them were they placed of Chancery was to pursue, were elaborately,

though in our circumstances."

sometimes not very clearly stated; in the living We are quite willing to concede that the measure one the Commissioners are left an almost antram. was passed in its present shape for worthier purpo- melled discretion. By sectious 10, 15, and 51, they ses than the appointment of three Commissioners ; may bind and loose, they may make and unmake one of those appointments shall be mentioned before they may cancel and re-enact, they may alter, they the conclusion of this article.

may vary, they are tied by no precedent

, they are Nor can we forget that the former act, the work- bound by no rule, save during the continuance of ing of which was placed under the management of a general order, which they have power to rescind the Court of Chancery, proved a failure; but this substituting another in its place, subject to altera arose from intrinsic and extrinsic causes. It was tion by the Privy Council; and we believe that at first, a very lame dog, and the general orders did tribunal, partly composed of Peers, Soldiers, and not help it over the stile.

Commissioners of National Education, will not in The national policy of the measure is summed up terpose an active interference. Nay, so unlimited with sufficient clearness in the preamble, “ that it are the powers of the new Commissioners, that when is expedient that further facilities should be given there are no general orders, or they are inapplifor the sale and transfer of incumbered estates in cable, (inapplicable!!) they can act according Ireland.” In that expediency we acquiesce, and to their own discretion, and their judgments are turn to the measure to see to what extent those final, unless they are pleased to allow an appeal facilities are afforded.

from their own decisions. They are not subject to The emancipation of estates from embarrassment a Court of Equity, nor to a Court of Common Lar, is designed to be complete; the incumbrance, by sec- to writ of injunction, nor to writ of mandamus ; the tion 19, must affect the inheritance, or a term of not Court of Chancery is their vassal, in their own less than fifty years, and in the latter case, have been sphere they are omnipotent, and that sphere comprecreated by the owner of an estate of inheritance; hends all the incumbered estates of inheritance in the object of the Legislature being that the entire Ireland. interest may be sold.

We trembled when we came to the words, * at No incumbrancer of a tenant for life can apply the discretion of the Commissioners ;" the words of under the act for the sale of the life-interest, nor for Lord Camden rushed to our memory—“ The disthe sale of an estate pur auter vie, where there'iscretion of a judge is the law of tyrants ; it is always no covenant for perpetual renewal.

unknown, it is different in different men, it is casual Where the life-interest is severed from the in- and depends upon constitution, temper and passion. heritance, the purchaser of the former—an estate in the best it is oftentimes caprice; in the worst it of such limited duration_has no permanent interest is every vice, folly, and passion to which human nato improve; and, the object of the act being the ture is liable." acquisition of an entirely new race of proprietary The temper of the laws of England is retrogradif that cannot be obtained, its powers are not ing; the appellate jurisdiction is year by year beallowed to be called into operation at the instance coming restricted ; judges are more frequently than of a life incumbrancer, who inust therefore still re- of old vested with final power ; the rights of persort to a Court of Equity. This limitation will son and of property are less jealously guarded by operate to some considerable extent, but with its us than by our forefathers; and we regret this, be exception any owner from the tenant in fee to the cause we know no check more effective in making tenant by the courtesy, and any incumbrancer from judges do their duty, and no greater safeguard for the mortgagee in fee to the annuitant (whose an- the public, than the suitor's right of appeal ex debito nuity has been allowed to fall in arrear, and for justitiæ. the arrears of which a Court of Equity would direct We select the present instance to state our opia sale) may apply and obtain an order for a sale, nion, both because the finality of the decisions of except in cases where the owner shall be enabled to the Commissioners is a leading feature of the Act, shew that no receiver nor incumbráncer is in pos- and because we can do so without offence. From session of the land, and that the interest of the in- the temper of those of the Commissioners whom cumbrances and amount of the annual charges do we know, we feel-satisfied that in their hands there not exceed one half of the net yearly income; the will be no abuse of power. Our dislike is to the decision of the Commissioners to be final on these principle ; we have no dread of the hands to whom points, which in truth, involve no more than ques- the power has in this instance been confided. tions of fact. This clause was inserted at the in The most cursory perusal of the Act proves the stance of the House of Lords.

very large powers with which the Commissioners No one who has read the former measure, and are entrusted, we do not say, if ably exercised, unthe present, can fail to be struck with the remark- wisely intrusted. We should have wished a right able absence of detail in the one before us. It is of appeal to a properly constituted tribunal

, but as comparatively easy to state general principles, and the spirit of the Act is so arbitrary, we venture to to confer arbitrary powers, but extremely difficult I suggest to them, in order that everything may be

in character, to observe as much latitude as possible been absurd in him to have rejected, but we think in their general orders, and as they are unrestricted Her Majesty's Government could have selected a themselves

, to leave the suitors tolerably free also. gentleman of our own Bar more suited to the office The general orders under the late Act imposed so from professional standing, and a knowledge of the many restrictions, and so much preliminary

trouble, peculiarities of the laws of this country, whose apwhich did not devolve upon a plaintiff in a Court of pointment would have carried more weight with the Chancery, that no incumbrancer would resort to it public, and given no shock to professional opinion, when he had the option of filing a foreclosure bill: whilst they could in England or in the colonies have the Commissioners should remember that the incum- discovered a more permanent place for Mr.Hargreave brancer still has that option, and that they should as a reward for his services in the preparation of the in some degree invite suitors. The Act bas done much Actif in fact it be attributable to his pen, report to insure the acceptance of the invitation; it gives has ascribed the merits of it to another person,-or the Commissioners many advantages which the Court for those other qualities which entitle him to judicial of Chancery does not possess; their court is open eminence. to all comers both owner and incumbrancer--the. We can scarcely conceive a greater contumely to Court of Chancery to the latter only-without the the members of the Irish Bar than the exaltation payment of office fees, and although the Commis- over their heads of an English barrister, not yet of sioners are empowered to make such orders as to five years standing, and whose practice-being exclucosts as they shall see fit, yet the costs are the first sively confined to conveyancing—has never placed charge upon the purchase-money. See section 30. him in the position of addressing a court of justice.

This provision renders it tolerably certain that We are almost weary of endeavouring to infuse the Act will be operative. The construction given a degree of public spirit into the Irish Bar. When to the Sheriff's Act as to the priority of the costs of the Hugenot leader, Montgommery, was condemned appointing a receiver, induced many a puisne claim to death, and informed that his children were ant to present his petition; so here where the costs degraded to the condition of villainage, his observaare tolerably safe, and no undertaking to redeem tion was truly noble; “ If they have not the virtue prior incumbrancers required, we predict that, ex- of nobles to raise themselves again, I consent to their cept the general orders paralyse the effect of the degradation." We paraphrase the sentence, “ If section, applications will be numerous, and that our Bar have not the virtue to raise itself, we consent the rooting out of incumbered proprietors will be to its degradation;" when once it loses that high effected.

place in public estimation which it used to hold, the We cannot conclude these observations without shorter its Decline and the sooner its Fall the better. adverting to a letter which appeared in this journal from one of our correspondents, which deprecated the appointment of Mr. Hargreave: the communi

HOUSE OF COMMONS. cation has excited considerable public attention, and been much quoted and commented upon. We enter

RECEIVER COMMITTEÉ. fully into the national and professional views of the William Tighe Hamilton, Esq.-June 29. writer; but we can assure Mr. Hargreave that our

(Continued from p. 348.) objection to him is grounded on no personal cause, and on no narrow spirit of exclusiveness, but simply

1316. Have you turned your attention much to because

we believe his nomination to be an injustice what might be the best remedy for some of these to the Irish Bar, and the re-establishment of a sys- very much, having to do with a great many differ;

acknowledged evils ?--I have; I have considered it tem which we had hoped was struck down for ever. ent

receivers and other

persons who are very much There should either be reciprocity of appointments interested in the subject. Perhaps the Committee between the two Bars, or the preserves of each would wish me to hand in a sketch of the heads of should be strictly guarded. Either the leading men of the Irish Bar should be eligible to English judi- a Bill which I drew up a short time ago. cial appointments, or, if not, neither should the

(The witness handed in the

following Bill.) leading men of the English Bar be eligible to Irish. Heads of a BILL to provide for the

BETTER MANWe should prefer investing the Government with AGEMENT of ESTATES under the Court of Chanthe power of selecting the best men of both coun cery, and to establish a Uniform System of Equity tries for the judicial offices of both, that so out of Jurisdiction in Ireland. the wider range they might secure the best men for

1. The jurisdiction of the equity side of the Court of Exthe best places. But this practice has never been chequer to cease, and all equity, proceeings now pending in even professed, and never acted upon. English the said Court to be transferred to the Court of Chancery offices are closed upon us with the most jealous and continued there, as was done in England in 1841. See exclusiveness, and the opposite practice is now car. 5 Vict., c. 5. ried to such an extreme, that a very junior member of Chancery at once.

II. The Government to appoint a fifth Master in the Court of the English Bar is placed in a very responsible III. The Government, on recommendation of the Lord judicial office over the heads of some of the oldest Chancellor and Lords of the Treasury, to have power to auand most deserving members of our body.

thorise the appointment of a sixth Master hereafter, in case We do not censure Mr. Hargreave for taking the it shall be found necessary, appointment-its emoluments to him are probably

IV. All the Masters, clerks and other officers in the Court not as considerable as those derived from the lucra- of Chancery now paid by fees, to be hereafter paid by fixed

salaries, and the fees to be collected by means of stamps. tive branch of the profession to which he had devoted V. The Lord Chancellor to have power to make orders himself—it was an advancement which it would have that such matters as are now disposed of by the Master of

1

E, LITTON

the Rolls in Ireland, but by the Masters in England, shall be undertake such receivership, but to endeavour, as far a disposed of by the Masters in Ireland.

possible, to consolidate the receiverships in the hands of one VI, The Lord Chancellor to assigu to one of the Masters or more individuals in each county or other district, who the exclusive duty of superintending the management of all shall give their whole time to the discharge of the duties, and estates subject to receivers in the said Court, and who shall who shall reside in the district. be styled the “ Auditor-general of Receivers' Accounts."

(To be continued.) VII. The Lord Chancellor and Lords of the Treasury to have power to authorise the appointment of such further clerk or clerks as may be found necessary in the office of tile' Executors of Price, and other . ? PURSUANT to the Decree

IN CHANCERY. Auditor-general for a very effective system of book entries and other official management.

Hall and others, Defendants.

in this cause, bearing date the list

day of June, 1949, I hereby require e VIII. The Lords of the Treasury to fix the salaries of such persons claiming to be creditors of Nicholas Price, late of Sainted in the clerks, payable out of the Consolidated Fund.

County of Down, Esquire, deceased, the testator in the pleadings in the IX. The poundage of five per cent. now allowed to recei- the City of Dublin, omdor before the First day of October next, and prune vers to be paid in to the Accountant-general's credit as a , under the said decree. fund for the following purposes:

Dated this 30th day of July, 1849. (1.) The Lord Cancellor to fix such amount of said sum as he shall see fit to be paid to each receiver, either by

William Nevin Wallace, Solicitor for the plaintiffs,

30, North Great George's Street, Dublin. way of salary, or of allowance proportioned to his re

ceipts. (2.) The Lord Chancellor out of said sum to allow pay

JUST PUBLISHED, ment to the sessional Crown solicitors for conducting

ADDISON ON THE LAW OF CONTRACTS all legal proceedings directed to be taken by the recei- A TIRELATIESE on the Law of CONTRACTS, and Rights (3.) The Lord Chancellor out of said sum to allow pay. Inner Temple, Barrister-at-Law. Second Edition, 2 vols. 8vo. price

. Let Home ment of such salaries and other expenses as he shall

RUSSELL ON ARBITRATION. see fit for two or more surveyors, who shall be at the

TREATISE on the Power and Duty of an ARBL. disposal of the Auditor-general, to visit the estates and Appendix of Forms, and of the Statutes relating to Arbitration. By

TRATOR, and the Law of Submissions and Awards; with a is report their opinion upon all special applications requir- FRANCIS RUSSELL, Esq., M.A., Barrister.at. Lav. I vel, Bro. ing local observation.

£1 6s. X. All the general regulations to be followed by the

BAYLEY ON BILLS OF EXCHANGE. Auditor-general to be subject to the approval of the Lord SUMMARY of the Law of Bills of Exchange, Cash Bilk, Chancellor,

XI. Any party who objects to any proceeding authorised Edition, by G. W. 'DOWDESWELL, Barrister-at-Law: An rete by the Auditor-general to be at liberty to bring the same

BURGE ON THE LAW OF SURETYSHIP. before the Lord Chancellor, by motion, who shall make COMMENTARIES on the Law of SURETYSHIP

, and such order in the matter as he may see fit.

XII. Subject to the above approval and controul, the BURGE, Esq. O C. M.A.&c, 1 rol 8vo. 18.
Auditor-general to have full power.

STANFIELD'S PRECEDENTS IN CONVEYANCING. (1.) To entertain all applications from head landlord for A COLLECTION of Copyhold PRECEDENTS IN

permission to proceed for recovery of head-rents, together with Introductory Treatises upon the various transactions and gether with such other matters connected with the occurrences incident to Estates of customary tenure, &c. By JOHN F. management of said estates as may be from time to STANFIELD, Esq. I vol. 8vo. 128.

time xeferred to hion specially by the Lord Chancellor QUESTIONS. Feriene Stephen Them Ende la Second (2.) To sanction such outlay in repairs, improvements, or rister at-Law. I vol. 8vo. cloth boards, price 105, 6d.

of England. By JAMES STEPHEN, Esq. of the Middle Temple, Blat. other reproductive works as he may think advisable, considering the interest of the parties.

CONCISE FORMS OF WILLS, with. Practical Noten. (3.) To grant such leases for terms not exceeding 21 years

By W. HAYES and T. JARMAN, 4th Edition, cloth beds. It or take such surrenders of leases as the proprietor THE LAW OF HUSBAND AND WIFE. A Treative could himself, according to his estate, take or grant. (4.) To make such abatements of rents, or reduction of upon Roper's Treatise and comprising Jacobs Notes and Additions therea

By J. E. WRIGHT, Esg. of the Inner Temple, Barrister-at-Law, fra arrears, as he may think advisable.

royal 8vo. £2 10s, boards. (5.) To make such regulations as he thinks fit as to the

8vo. price lrs.---free by Post. (6.) To do all such other acts as a Master of the Court of the General Orders. By Alfred MFARLAND, Esq., Barrister.st.Lav.

form of receivers accounts, and the time of accounting. A PRACTICAL TREATISE ON PLEADING BY Chancery is now by law authorised to do in respect to estates subject to receivers.

(including Registry and Civil Bill Appeals, DECIDED in the SUPE. XIII. The Auditor-general to have full power to make RIOR COURTS, and at the AFTER SITTINGS; with lader und - special orders for all purposes of this Act, either absolute in Table of Cases. By J. BLACKHAM, W. J. Dundas, and R. W. Osaqaxt, the first instance, or conditional, to show cause before him-Esqrs., Barristers at. Law. Part IV., completing Vol. 1., price 5s.

EDWARD J. MILLIKEN, LAW BOOKSELLER AND self within such time or upon such notice as he may fix in

PUBLISHER, 15, COLLEGE GREEN, DUBLIN, each case; such orders to have the same force as the like orders now made by the Court.

All communications for the IRISH JURIST are to be left, addresad XIV. The Auditor-general to exercise all such powers, to the Editor, with the Pablisher, E. J. MILLIKEN, 15. COLLEGE either of his own motion, or upon the application of the re- GREEN. Correspondents will please give the Name and Addres, as the ceiver, or of any of the parties interested, and whether all Communications nor will the editor be accountable for the return of or any of the parties consent or not.

Manuscripts, &c. XV. No fees to be paid to any of the officers of the Court

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15, COL. in respect to the lodgment of money, when ordered by the LEGE GREEN, or by letter (post-paid), will ensure its punctual delivery Auditor-general to be brought in for that purpose.

in Dublin, or its being forwarded to the Country, by Post, on the day of XVI. The Auditor-general to allow receivers only such publication. reasonable costs in respect to the passing of their accounts,

TERMS OF SUBSCRIPTION-(payable in advance): and all other matters done by them, as he shall think fit, Yearly, 30s. Half-yearly, 178. Quarterly, 9. either generally or by special order in each case.

Printed by THOMAS ISAAC WHITE, at his Printing Office, Na 6, XVI. The Auditor-general to appoint no individual as a FLEET.STREET, in the Parish of St. Andrew, and published at receiver, when any other qualified person who has been GILLIKEN, residing at the same place, all being in the County of the already appointed a receiver in the same county is willing to city of Dublin. Saturday, September 22, 1949,

Irish Jurist

Bankrupt Court....... CHAMNEY, Esq. Barristers-at-law, Admiralty Court...... Ş ROBERT GRIFFIN, Esq. and W.G.

No. 48. Vol. I.
SEPTEMBER 29, 1849.

PRICE

Per Annum, £1 Os.

Single Number, 9d. The Names of the Gentlemen who favour The IRISH JURIST with Reports in the several Courts of

Law and Equity in Ireland, are as follows :Court of Chancery, in- (Robert Long, Esq., and

Court of Exchequer S Joan Blackham, Esq., and cluding Bankruptcy

Chamber.....
John Pitt KENNEDY, Esq., Bar-

A. HICKEY, Esq., Barristers-at

Law. Appeals ......... risters-at-Law,

Queen's Bench, includ- ( FLORENCE M'CARTHY, Esq., and WILLIAM BURKE, Esq., and ing Civil Bill and Re-3 SAMUEL V. Peet, Esq., Rolls Court......... WILLIAM John DUNDAS, Esq., gistry Appeals......... Barristers-at-Law. Barristers-at-Law.

Exchequer of Pleas, in. S Coas. H. HEMPHILL, Esq., and CHARLES HARE HEMPHILL, Esq. cluding Manor Court William Hickson, Esq., Bar

and Equity Exchequer ....... William Hickson, Esq., Bar

and Registry Appeals. risters-at-Law. risters-at Law.

Common Pleas........ { BORENE GRIPPEN, Esq. and W. G.

CHAMNEY,

Esq. Barristers-at-law. W.G.

7 . -at-law.

DUBLIN, SEPTEMBER 29, 1849. judges. The session has, however, passed away,

without any answer whatever from any of the Eng

lish judges, though valuable suggestions have been Lord BROUGHAM has written to Sir James Graham communicated from those of the other two kinga letter on the recent changes in the law of Bank- doms. I conclude from this circumstance, that the ruptcy, and he has stated what is a matter of sincere judges of England are, generally speaking, satisfied congratulation, that the Commissioners who have with the Digest

, and have no corrections to offer laboured for sixteen years, will be prepared next which they deem of sufficient importance to call for session to lay two bills before Parliament, in which the consideration of the Lords. Meanwhile the far our whole criminal law will be digested and codified. more arduous task has been performed by the His Lordship observes

learned Commissioners, of digesting into one body “ Since 1843, only two circumstances have oc. the whole law of procedure in criminal cases. This curred, which it is necessary to mention, touching work, equally important and difficult, consists of the labours of the Commissioners. I presented in 12 chapters, 47 sections, 1,180 articles. I have 1844 a bill for enacting a Digest of the Criminal examined it with an admiration which I believe will Law, founded upon their valuable report. Lord be shared by every lawyer who studies it. Coupled Lyndhurst (then Chancellor) highly approved of with the former Digest of Crimes and Punishments, the bill; but considering the great importance of it gives us a complete code of the Criminal Law, the subject-considering also that from the nature and enables the Legislature of this country to of the thing, the work must be mainly executed out escape the grave censure of not furnishing to the of Parliament, and required only to be adopted or people the means of knowing what those laws are, sanctioned by the Legislature, he referred it to which it commands them, under the heaviest penanother Commission—that is, to the same Commis- alties, to obey.” sioners, with others added, to revise their labours. His Lordship then details minutely the proceedAccordingly a further report was made in 1847, ings taken for the codification of the Bankrupt Act, and the Digest having now received a very full con- of which he had the charge last session—the assisideration, 1 again brought in a bill founded upon duity and pains taken with the measure by the it, which in 1848 was referred to a select com- gentleman (Mr. Miller) who prepared it by the mittee of the Lords. As chairman of that Com- learned judges of the Bankrupt Court, to whom it mittee I addressed letters to all the judges of the had been submitted—by the Select Committee of three kingdoms, requesting their observations upon the Lords—and by the writer himself; and deprethe Digest, submitting it to them, together with cates very urgently the changes made by the Comcopies of all the reports upon which it had been mittee of the Commons. The pith of his Lordfounded. Waiting for the answers of these learned ship’s observations being, that in matters of this persons, I postponed to the next session all further kind, where the subject has been considered and proceedings with the bill. Again I presented it at treated by competent persons-skilled workmen in the very beginning of the session just ended ; again the law-the act, the product of their skill, should, it was referred to the same select Committee, and in its main features, be allowed to pass through again we anxiously expected the answers of the Parliament untouched.

This is a startling doctrine, and requires rather A very flagrant violation of judicial power is stronger proofs than his Lordship has adduced for related in the case of Sir Nicholas Throckmorton

, our acquiescence in it.

when under trial for treason, in the reign of Eliza Great deference, undoubtedly, should be paid to beth. The Crown lawyer, Sergeant Standford, the opinions of those who have bestowed their time, addressed him thus :-“ Therefore, Throckmorton

, talents, and labour upon the particular subject sub- since this matter is so manifest, and the evidence >> mitted to them; but that the Honse of Commons apparent, I would advise you to confess your fault, should be the register of the edicts of the Lords, or and submit yourself to the Queen's mercy.* « How the Lords of the Commons, is neither a very con- say you ?" asked Chief Justice Bromley

. « Will stitutional theory, nor a very advisable practice, you confess the matter, and it will be better for whether the proposed edicts be on questions exclu- you ?". sively relating to the administration of the law, or In the succeeding reign, when Garnet was on subjects of general policy.

bis trial for aiding in the Gunpowder Plot, he was We hope to return to the consideration of his pressed by interrogatories from the bench, even in Lordship's letter on a future occasion.

the presence of King James, to confess his crime, or, more correctly, to criminate himself, through

the contradictory statements which those questions To the Editor of the Irish Jurist.

led him to make.

It appears from Philipp's State Trials, that for SIR,

some years after the Revolution, instances occurred Perhaps you will add to the amount of obli- in which both the judge and the Crown lawyers gation that you have already conferred on me, in endeavoured to obtain from the prisoner, by crossadmitting my last letter into your columns, by examination, evidence to convict him. This unjust giving insertion to another on a different subject. practice became at length totally discontinued It appears to me that the maxim “No man But the opposite extreme of a usage, which

, in my should be compelled to criminate himself,” is humble judgment, only became dangerous from its pushed to an extreme that is reprehensible. abuse, has led to results, fatal, in frequent instances,

I have long been of this opinion, and my recent to the cause of justice. I have reprobated the perusal of the course of practice pursued at some practice of cajoling or menacing a prisoner to of our state trials which took place immediately confess his guilt

, and I now venture to condemn before the Revolution of 1688, and for a short the opposite extreme. period after it, while the law was in a state of tran

I find, among my papers, a memorandum which sition, and, therefore, unsettled, has confirmed me in I took some years ago from a passage in the life my previous impression. We know that in cases of Sir Samuel Romilly, which supports my views of suspected treason, more particularly, the iniqui- of the subject under present inquiry. That distous practice of questioning prisoners, even by tinguished lawyer had been, I think, considering torture, for the purpose of extracting from them the French system of examining prisoners in critestimony against themselves, was no unusual oco minal cases, a system so entirely opposed to ours, currence. Å declaration, published by order of yet one which, I would say, works effectively for Lord Burleigh, in the reign of Elizabeth, set forth the punishment of evil doers and the prevention of that torture, in order to obtain confession from increasing crime. He observes : " It should seem, persons under confinement, was applied “in as however, if the great object of all trials be to discharitable (!) a manner as such a thing might be.” cover the truth, to punish the guilty, and to afford

This was the apology which that distinguished security to the innocent, that the examination of man offered for a cruel and barbarous usage, that the accused is the most important and indispenwas not abolished in the times of the Tudors. sable part of every trial.” He was an advocate That torture was ever charitably inflicted will not then for the principle of putting interrogatories to be credited in these days, even on the authority of the accused, though he condemned the latitude Lord Burleigh. It would be absurd to conceive which judges occasionally exercised in putting that a fiendish act, essentially cruel and unjust subtle and perplexing questions, to shew their own because the extremity of pain, “and the instant skill, and confound the accused person under er. and almost irresistible desire of relief, may draw amination of this abuse of the privilege of from the sufferer false accusations of himself or questioning a prisoner, the trial of Madame Laothers”-could have been charitably or tenderly farge is an instance. The limits of the juste milieu

, applied.

which I consider necessary for the discorery of When it became obsolete, or its exercise very truth, were shamefully exceeded in the case of that infrequent, the torture was transferred from the criminal. body to the mind, and a prisoner was cajoled or “When a contest of ingenuity arises between menaced to acknowledge his guilt.

the court and defendant, the temper and impar. Cases are recorded in which an Attorney Gene- tiality of a judge are placed in too much hazard ral and a Chief Justice importunately advised pri- when he becomes the antagonist of the prisoner! soners arraigned for treason to confess their guilt

, under threats of severer consequences if they did avoidance, by the magistrate, of every thing likely

I venture, however, to maintain, that the jealous not. This was, after all, but another mode of ad- to lead a prisoner to give evidence against himself, ministering torture. Neither the iron boot nor the even though he were willing to tell the truth

, is thumb-screw was applied to a limb, but the mental false in principle, and injurious to the interests of organs were agonized.

society.

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