The Sun. — London, England, 1819-09-28 00:00:00

, !' fi 1 f wi„, 1 ‘ I ‘.\\ ' : ' 'i - : frP- ' ~.-.! . - • , ' L '. -I' ' .I', ~.0.....- - - ..--- ---- - ''''‘' , 7- •••• ri' ; -.; - .."-- ----- .,N,A. , 1 , •-•••;:, 'N. - ---z -4V `/-'''''' _..e.' UN - • s "1-1 . ili I* , #7.:(_._,....... etee-24e-- -.-L so • TUESDAY, SEPTEMBER 28, 1819. NUMBER 8454.] [PRICE SEVENPENCE. PUBLICATIONS. TO THE LIVERT OF LONDON. GENTLEMEN, while history records it as the act of the King, accepted by the People< FOR THE SUN. O N IVednesday next,,confortnably to ancient Custom, you will have to exercise your Right to ELECT your CHIEF MAGIS'T'RATE, fur the Year ensuing, on which occasion my Name will be submitted to your consi deration to serve in that high Office. I beg leave to assure you that I would not willingly shrink from the Duties of that important Station; but at present, concerns of a privat e na ture will nnavoidably employ so great a portion of my time, that I am induced humbly and yet confidently to hope that my Services may not be required on this occasion. Desirous, however, of employing my humble abilities in the Service of my Fellow-Citizens, I trust the time will soon arrive when may have the honour to solicit -that support which I aro now anxious to decline. , I am sorry to contravene any Gentleman's po sitions in a Manlier which may seem peremptory ; especially when his style—as dues your Corre spondent's—demands every courtesy. But he must really permit me to deny, with the uttno,st personal respect, his illustratinn of " the Cousti lotion being to the Parliament what the Law is to the Judges;"—because the Judges did not make and cannot alter the Law ; whereas thePar liarnew did make and can alter the Constitution. If not, every change which has been made in it since its oligia,--when was that P—has heen illegal. Nothing is more easy than ro talk of the House of Commons as the " Deputies of the People, le gislating within the bounds of the Constitution." If by "legislating" is intended the making .of Laws, the llouse of Commons makes none, and can make none, until it shall be ultra-reformed into 11)e time of CstobswaLL-b--it only concws in making Lsws with the of her wo Estates of Par liament. ON CHURCH BRIEFS. LET'IT It VII. /Aare the honour to he, Gentlemen, Your very obedient and most faithful Servant, CHRISTOPHER MAGNAY. College Hill. 27th Sept.• !alp. NEW WORKS t itely published by T. CADELL and W. DAVIES, London, and W. BLACKWOOD, Edinburgh. 1 . RAVELS through DENMARK, SWE DEN, LAPLAND, FINLAND, NORWAY, and It USSIA, with a Description of the City of St. Petersburg)) Illtrin g the Tyranny of the Emperor Paul. 'k•By E. D. 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Ladies who hare so long honoured her with their Commands, that she will REMOVE to N 0.9, REGENT.STREF,T, PALL-MALL, on the LAST DAY of the PREsENT MONTH, and that she will he prepared im mediately to EXECUTE, in the best. manner, all i:RDERS which may he addressed to her new Residence as above. 89, Pall.lllall, Sept. 24, 1819. THEATRE OF ANATOMY, MEDICINE, &c. Blenheim-street, Great Marlborough-street. THEAUUMNAL COURSE of LECTURES T at this SCHOOL will begin on the following days : ANATOMY, PHYSIOLOGY, and SURGERY, by Mr. BROOKES, daily, at TO, on Friday, October I.—Dissec tions as usual. CHEMISTRY, MATERIA MEDICA, &c. daily, at Eight in the Morning; THEORY and PRACTICE o f PHYSIC, at Nine, with Examinations, by Dr. AGER, en Monday, October 4. Three Courses are given every year, each occupying nearly four Months. Further particulars may be known of Mr. Brookes, at the Theatre; or of Dr. Alter, 69, Margaret-street, Caven dish-square. FOR THE SUN. MR. EDITOR—I am little conversant in ma thematics, and less in chemist' y. Your Corre spondent, Pnorosn't--,-do 1 spell his name rightly? will excuse me, therefore, if our discussion, in my hands at least, is purely political. There is no charm in the epithets of Whig or of Tory which can determine principle. • The ques tion simply is—the power of the Constitution, and the place of that power. Were it of any importance what I am, I could 'tell your Correspondent that I am not so Toryish as to place the Supremacy of the Constitution in the King; nor Whiggish enough to place it in the People : but that my constitutional opinions lead me to place k in the Parliament l which, together with the Peers, is composed of both King anti People. In asserting Supremacy to be in the King, your Correspondent must have bad in his idea that ec clesiastical Supremacy which the King holds by the.common law, and in right of which the Par liament declared him the Head of the Church. That Supremacy, however, has no concern with our argument. I trust that the King has a better title To our " allegiance," than could be made out for him under any claim of Temporal Supre macy. Such a term, so applied, is indeed a no velty. The grand error of your Correspondent arises, as I think, from his taking the act for the agent, the things done by the-Constitution for the Con stitution itself. The term " Constitution" does not mean any particular code of laws, such as ember did exist - yesterday, do exist to-day, or may exist to-morrow: , but the power by which those laws were made and can be altered. That power is—the three estates of and in Parlia ment. The King, in his own person, heredi tarily ; the Lolds, in their own persons, here ditarily also, and creatively ; the People, by their delegates, representatively. But —tolls deny such a division as " the power of tie People, of the Constitution, and of the Law." Because the People are only a part of the Constitution, and•the LAw is the Constitution itselt. The first is referable to the second, as pars pro tote : the second and the third are convertible terms. Assuredly, " without People, neither Con stitution nor LAVV would be %yawed." This po sition is naturally and numerically true; and in such a sense the Constitution may be taken as resulting from the People. 1 only protest against the inference of a political effect from a natural cause. By the way, your Correspondent him self impugns such an effect by attributing the " Supremacy" to . the King. , Again—Tlie Constitution, he says, is " a compact." It must then have had at least two compacting parties. The People could not com pact with themselves. Will lie tell me that the Constitution was settled by the People—(in Par liament, I mean, for out of Parliament I know nothing of them beyond individual or particular petitioning)—without any concurrence of King or Peers ?—And, if he so tells me, will he not shew its date ?—Can that date be of the Re volution, when we had Peers at least to join in its settlement ?—Or of Magna Charta, when we had both King anti Peers to concur in it ? Surely, however, be does not call Magna Charts " the act of the Penlc, sanctioned by the KiPg Aiu if any constitutional restrant upon their concurrent power is predicated by " the bounda ries of the Constitution," your Correspondent must shot,' by what Law or compact, written or unwritten, - the 'Consti;ntion has been disabled from altering itsc-It h is not pleasant to reprove so many errors.— The Parliament is not " the People's Trustee," because the legal Estate of the:Parliament is not in the People—because they'have but one third part of it—because they have in that third part a negative voice to forbid, and an affirmative voice to permit, all its measures.—A trustee acts where the Cestui que trust has no legal capacity ; not Where he can and does act for himself. Neither is the Constitution a " Deed of Trust," because each of its three parties are beneficially and equally interested. It is rather a Deed of Joint tenancy; which, like all other such deeds, can be altered at the concurrent will of the joint-tenants. But I will not fall into the dangerous error of illustrating the priucipies of any one part of phi losophy or science, by comparisons derived from another. I withdraw my illustration. As there is no positive law against either Whiegism or Toryism, let its not bandy these words against each other. The terms Resistance and Non-resistance have bad their day of agita tion ; of much more than they would have had, if the difference had been remembered between resistance to what was not law, and non-resistance to what was law. The observance of this distir►c tion would have saved some blood, much breath, and more ink.—We shall be too wise, I hope, to quadrate the Acts of James the Second without the Parliament, and of George the Third with the Parliament, upon the same scale. Nonresistance to the one, and resistance to the other, would be equally High '!'reason--a predicament for which I have inherited my ancestor's disrelish. Therefore I cannot admit the possibility of a law being unconstitutional: Since nothing is law but what is so made by the Parliament, and every thing is law which is thereby made. Otherwise, the King, or the Lords, or the Pen ple-.--no matter whit h—would be privileeed to re sist that very ordinance which had become a law with their own previous consent, and could not have become a law without it. Aloe!) security. and much peace, would reside in such a privilege ! Otherwise, too, unless every man is to resist upon his own opinion, a deliberation must be held, out of Parliament, to determine whether the new law is constitutional or nor. Thus, a second deliberative body most he formed, &pent!. it.g wholly for its own legality on the previous illegality of the law which it is io discuss ; and pronouncing its decision independently of the Other two estates, and even of itself,. in Parlia• ment. Thus, one illegal act must be done to ascertain whether another act is legal. And how are the general people to be convened ? How are we to understand their will for such con vention ? Can individuals begin it, when duals have no right to impogn a law ? And how must this deliberative body be formed ? At whose summons? For what 'duration ? By what au thority ? Shall it be composed of the aggregate people ? Or of their delegates ?—Let (Estrus answer. I am weary of these multiplied difficulties.— They beset the question at every tntn. They are the ram caught by his horns in the thicket ; and it i s better to sacrifice them than to immolate the Constitution. The King might violate the Constitution—so might the Lords--so might the People. To the illegal act olany one of these, " Resistance is the Law of the Land." But the act of them all cannot be : because tlic Di-unity of the Act makes it " the Law of the Laud." The Constitution cannot violate itself. A law, and lesist:thce to that law, cannot both be legal. It, indeed, the King, the Lords, and the Com mons, had each one voice in the same himse, wherein every question were to be deciJed by the majority of two, the minor one tnie,ht by possi bility have some reason of complaint—even of re sistance. But when no measure can pass into a law without the consent of each, in its several place;-1 should have hoped, that a question of doubt upon the constitutionality of their con current supremacy, much less of resistance to its ordinances, :could not have arisen. I am ready, however, for futther argument. I am not so much in love with Theory as to have troubled you, Sir, with this discussion, if I did not purpose its practical application. Pre sently I shell direct it to the necessity of checking our Ultra Reformers, and the perfect leyality of ANY check whereunto the existing law is inadequate. Ma. EDITOR 4 —The Letter I last sent you con sisted chiefly of facts and calculations, such as to many readers would stern dry ; but necessary, surely, to the principal object of these Letters. That object is to spew, - that's collection so ex. tensire, as to include in its circuit ten thousand eight hundred places of application, could not poisibly be carried on at a cheaper race than is effected by means of Briefs; if we except only the proportionably small sum taken off by lees, It is a prodigious weapon to wield, in behalf of Chris tian charity, and it is astonisbin,: that it can he exerted with so notch facility 1 , would he thimght no trifling applicati,t) coAl he addressed, poiwedly hod i!er , :onally, to between ten end eleven thousand individual? ; what is that compared to as great a riiimi , er 4,1 places, many of them containing thousands of indivi duals ? An average of :ter; shillings, clear, upon each- Briet, alum u t►ts to no less tit II 1 080 pu'►rids; a sum very often exceeding. the whole es!iurare of damage to he repaired. IVhat lighter contrilm tion can possibly be imegined, to produce so large an effect ?—li is demonstrable, tl►erefore, that if Briefs could once be made etlicient, according to their original intention, nothing, further could be .vanted to supply all defici ,, ocies, in the means at present existing, for repairing, restoring, or en larging of our Sacred Edifices. The chief regu lation then wanted would be one, simple and easy of contrivance, which should carry over the ex cess of every collection, beyond the estimate for which it was made, to some general fund, appli cable to other places, which might require more powerful assistance. So that, it a thousaud pounds were collected for a place whose estimate did not exceed six hundred, a power might exist of applying the surplus four hundred where the collection had fallen short of its purpose. Should Briefs be liberally supported for any time, this fund tvonld soon become large, and its application to the cases which required it might be easily re gulated and apportioned, by certain rules. If this feeling generally prevailed, 1 can easily imagine, that every opulent parish w - ould feel it a reproach to have so small a sum as five shillings . returned upon a brief read to it ; and that many respectable iudividtrala would 'rather give that sum, or more, than stiffer such a stigma to rest upon tl►e place of their ah.,:rc Without, however, descending to such particu lars, it must be plain, I think, from wi.ar has been said, that, in this ancient and established mode of asking charity, e pot , sess an instrument of too much power and efficacy. towards effcc mating the noblest of purposes, to hp. at all ne glected, much less relinquished. Some modifica tions and improvements it may I , erltaps easily derive 'from Prnliamentary consideration, et hich hope and trust will he bestowed upon ; but the principle i , selt is too admirable uhandoned; and the general plan such US COnin probanly be surpassed by any contriva! - .cc of ii-mitn wis dom. To be able to app'y the small, :• nts, vo luntarily g iv en , to a pia,,ose so noble and so on- Portant as that Of restoimg dilapidated places of worship, and causing !he beauty of holiness to shine forth in every edifi.'e set apart for pohlic devotion, is sure:y a power of the most envi,ble kind ; and ;inch as a nation, having once pos sesAed it, should not, on any account, permit to tall into neglect, contempt, or disuse. PHILADELPHUS. INFAMOUS SoeNe.—Yes!erday afternoon, about four o'clock, one of those occurrences whic:i Hre alike a disgrace to human nature as to civiliza tion, took place in Smithfield. An ill-looking di minutive fellow, of appatendy low and profligate habits,. entered the market, leading, by a halter round her neck, his wile, and followed by a nu memos crowd of persons. The poor female, who evinced sonic shame at this vile exposure, wall muscular, Hs compared to her husband, and pos sessing an advanta4e of nearly t ,v() feet in height beyond her dwaiti , ,ll c"mpanion, her countenance and manner betrayed evident signs of better SCHSe soil decency. The wretch placed her near the Ram Inn, and there, timid the disgust of some and the laughter of others, put her op for public lie for some time attempted to obtain a bidding for his wife, until, at length, the sum of 2s. 6d. being offered, the sale gradivills• in creased as high as 155. At this moment the troll itude had considerably increased, and tine noise, disgust, and laughter excited drew to the spot some of the City officers, who speedily terminated the harharons scene, by seizing the wife, 'now ist ing the halter from about her neck, Hod conveying tier away to a place of safety. What contriboted to the atrocity of this shameful exhibition, was the circumstance of a good-looking young wo- UM, the,danghter of the wife, scanning, or rather clinging to her !nuttier, during the shameful spectacle. To render the thing still more atro cious, the parties, it seems, had been married 12 yeats! The monster et , vaped amidst dis• gust and abhorrence, 'l'he Officers live .eiseti the tieitn, whcr is punishable fur kt misde meanour. The two most interesting, ant! beautiful objects in the Planetary System►, Jupiter an►l Saturn, may now he seen every clear evening Jupiter is very coospicnous in the South about 25 degrees abovc the hortzon ; 8 d Saturn about 10 degrees higher end more to the Eastard,