We understand that Mr.O'C...
We understand that Mr.O'CALLAGRAN is stil deprived of the reasonable indulgence of having such moderate food as he is disposed to pay for; and that the Surrey visiting M Alagistrates exercise a power, which they conceive to belong to them, of forcing him to take bread and water, or starve. Till we have sonie further particulars, we shall not expa- tiate on the case: but we apprehend that no body of Ma- gistrates can leg-ally inflict a punishment not included in the sentence. If the regulations or by-laws of lany set of Magistrates constitute a sufficient aiittho. rity for the imposition of any pain or suflering which the law itself does not exprescly recognize, we see no re- straint on the caprice and arbitrary conduct of those who are intrusted with the execation of a legal sentence. If a man condemned to be imprisoned may, by a by-law, be deprived of his reasonable food, why iqav he not also be chained or whipped? The law of England never intend- ed te allow a mere executive body to exercise a discretion- ary and ad libitumn power over the comforts and liber- ties of Englishmen. The power of Kings and of Judges [is defined witn severity antl precision: ind surely such persons as by accident are intrusted with the Magisterial functions, were never intended to be invested with a power whicli has been withheld even from the dignity of the Sovereign, and from the wisdom of the venerable aud learned-oracles of justice.