The Sun. — London, England, 1822-01-19 00:00:00

shiel lie roi,sht receive in the exercise of his functions. The letter outrage histurbs the exercise of public worship and order. It is an outrage on religion itself. It ought to be punished by the penalties enacted in the articles 1, and 2. With respect to tree outrage which a minister of religion might receive publicly ac'Count of his functions or quality, that ought to be punish ed hi the same manner as a similar outrage on any public func tionary. In fact, the minister of religion exercises a real ma gistracy, and is entitled to the same protection as a magistrate. " The psoject provides for the case which may be accom psnied by acts of violence contemplated by several articles of tse penal code, and refers to the provisions of those articles for increasing the punishment. '1 he Committee has remarked, that in the case of the first paragraph of the article 223, the punishment •is less than that of the present law ; hence the purasnment would be diminished instead of increased. This is the object of an amendment. " Art. B.—Under the empire of the Charter, nothing excites the curiosity, and even the Just interest, of the public, so much as the reports given in the Journals of the sittings of the Cham bers and Tribunals; reports given correctly and in good faith are authorized by the law ; the opposite offence is not provided against. But when infidelity and bad faith are united in these reports, • it is necessary that they should be punished ; it too often happens, that when the public papers indulge ip,s;n7;:re animadversion, they are actuated by party spirit, or by the hope of obtaining readers. "'The relapse will be punished by imprisonment added to fine. These fines will be augmented in case of offence, in the reports, against the Chambers or Tribunals, against any of their Members, or against a juryman or a witness. These provisions are in the spirit of the analogous articles of the law. " In these two cases of relapse or offence, the Jcurnalist no lor.ger deseries the confidence which he has abused. flo may be prohibited front reporting these debates. The Committee .considers the expression for the future, to be of too general a nature ; these offences are not all of ie same extent ;it pro poses to snbstitute for this expression, the words—' prohibited for a limited period, ar for ever.' " But the violation of this prohibition is a new offence, aggra vated by the contempt of the prohibition, and by the quality of the Judges; it-shall be visited with two2fold punishment. " Article 9 of the project proposes to increase the punish tent of the following offences:— " 1. Seditious cries, publicly uttered. " 2. The removal or degradation of the public signs of the Royel Authority, done in hatred or contempt of that authority. " 3. The publicly bearing of external rallying-signs, not authorized. " 4. It adds to these offences ;—the exposition in- public places, the distribution and sale of those signs destined to pro pateate the spirit of rebellion and to disturb the public peace. " Your Committee have deemed it proper to distinguish se ditious ciirs from the other offences included in this article; and without interfering with. the maximum of the punishment fixed by the law of the 17th of May, it establishes, for seditious cries, the minimum of the penal code for all offences. " Art. 10.—This should be a particular article of the law. " Art. 11. But the offinices provided against by Nos. 2,3, and 4, appear to your Committee to be of a more serious na ture, end it has adopted the amount of the minimum of the punishments. " The Committee conceives it to be just to punish the distri bution and the exposition of the signs of rebellion, since - the offence of publicly bearing them is punished ; the seller and distributor of these signs is frequently more guilty than those whom he leads astray. l'he Committee proposes that you should adopt this addition to the law of 1819. • If the Com mittee has not added a particular art , ele to reach the instigator to these offences, by one of the means explained in Art. 1 of the law of the 17th of May, it is because his offence, though doubtless very serious, is already . provided against by Art. 3 of that law, even when the instigation is attended by no ill conse quences. " Art. 12.—Article 9 of the project punishes him who shall seek to disturb the public peace, by exciting contempt or hatred against particular classes of persons. " First, it must be remarked, that this is only . in case of the public peace being menaced. But the term 'class gives offence to certain individuals : class, body, order, corporation, all these collective expressions are odious to them. Do not the minis ters cf religion, for whom the charter provides, and the nobility, whom the charter recognizes, form particular classes in society'? Necessity unites men of the same profession for their common interests : these interests would unite them in spite of the laws. The legislator must not be deceived on this point. It does not depend on him to prevent the existence of what is in the nature of things ; he may destroy, but the institution will of necessity revive. " Finally, these classes, when they legally exist in society, have a right to be protected by it. Shall we then again hear the cries of " Down with the Priests—down with the Nobles ?" " The destructive spirit of anarchy levels, individualizes, and dreads the espirit de corps. Despotism divides, in order to rule the more securely. The paternA Government of a King sleks to protect common interests, and groups individuals -among them. From this monarchical view, your Committee has not hesitated to adopt the article proposed. " Art. 13—Article 10 of the project punishes the publication anti sale of engraved - or lithographed designs without previous auzhoiity; Every one knows with what rapidity mischief is propagated by these means. Nothing is sacred to the eyes of avarice ; religion, the government, and public morals, are as sailed by turns. There is no other means of defence. You will mot reject, gentlemen, this very moral and politic provision.— The Committee is of opinion that it should not be extended to mere designs. It is the easy and cheap mode of multiplication which renders a greater degree of severity necessary with re gard to engravings. A drawing, like a picture, produces only local mischief ; the labour necessary for its execution, and its high price, render it scarce. The ordinary means of repression appear to be sufficient. Art. 14.—Article 13 of the project preserves the power es tabllshed by the law of the 19th of June, of doubling the fines upon the journalists, and, in case of relapse, of renderingthose fines fourfold. " Art. 15•.—But the Committee has been struck with the in adequacy of the punishments allotted to the offences of the jour nalists ; experience defeats all the arguments which might be employed against the establishment of new punishments.— There is impunity whenever the criminal plays with his pu nishment ; there is scandalous impunity when that punish ment, instead of reaching the criminal, strikes only' an indif fermt individual, who, for a wretched remuneration, consents to suffer the condemnation. It is well known that ie respon sible-Editor is no other thin a person who receives so much a day for his imprisonment, and who is entirely a stranger both to the management of the journal and to the offence. As to finis, it is certain that to whatever amount they may be raised,. they bear no proportion to the advantages of these enterprises. On the contrary, the condemnation excites, if not interest, at least curiosity, in the party whose colours the Joiirnal has adopted, and it is frequently the means of gaining it sub scribers. " In this state of the Legislation, your Committee conceived that these enterprises were chiefly matters of speculation, and that they ought to be attacked in the very source of their pro fit. A suspension for a certain time would strike them in a sensible way. The cessation of the profits during that time— the diminution of subscribers—the very fear of those losses,. will compel journalists to be prudent. This is truly a preVen tive provision ; and the object of the Penal Law should always. be the prevention of crimes, rather than the punishment of . criminals. • " The more severe this punishment may seem, the more it is indispensable to consign to the Judge the power of applying it aocorjing to the case, and of fixing its duration. • " Some persons seem to be astonished at this power left to t:e Judges of applying or not applying the punishment accord ing to circumstances. In the first place; this power, these ex- Y A LIEU, POURRA, are not new. in penal le gislation. The necessity 'of inflicting a punishment in its full severity will frequently produce impunity ; an extenuating cir cumstance may move the Judge ; he must not be exposed to the seduction of pity ; let him pOssess the power of mitigating or of waving the punishment altogether, • if there be room for so doing. " Besides,' the Legislator should never lose sight of the spirit of his government. The republican Legislator wishes to provide, to determine, and to regulate every tiling; in his jeal ous restlessness he wishes even to judge, to appoint, and to govern all. The monarchical legiidator has more confidence in his agents, is more liberal in. conceding a portion of his p ower ; he speaks less of virtue, but lie has more reliance in its exist ence, which is the sure way to find it. It is, therefore, quite in unison with the monarchical spirit not to fear a certain latitude in the infliction of punishmentS; it is the way of securing the justice of these punishments. " I have observe(' that a journalist, in adopting a party • colour, sometimes consults only his interest. But he often speaks from conviction ; he is attached to a system ; he deve lopes its principleS ; he endeavours to gain partizans for it ; if he be the supporter of pure doctrines, what has he to fear from justice ?. But if the party which he has embraCed be subversive of religious and monarchical - principles, •a • me re suspension would, in that case, only retard the attack directed against . so ciety. The journal, in that case, ought to b e su pp ressed. It will be said, that by this means you are really establish ing a confiscation,—it is violating property. • In the first place, the confiscation which the charter has suppressed was that of the generality of the property of the condemned person ; the measure at present undef consideration has reference to a par ticular object. Sentence of confiscation was pronounced for the benefit of the Exchequer; but in the present case the State takes possession of nothing. But would you not annihilate the poison of which a criminal ma , have made an improper use , arid which he might again improperly apply'? Would you leave in the hands of a madman the weapon with which he has struck a deadly blow, and which will enable him to continue his crimes? Is the poison frequently, scattered through a journal, less sub tile—are its weapons less fatal ? Arc not neighbours un der the daily necessity of destroying infected objects ? The proprietor must niakc the sacrifice ; and yet he is in no manner blameable for the virus which has tainted them. Gentlemen, it is impossible to think of the plague with which we are infected, and which obliecs us to resort to the severest measures, with out, being struck; with the analogy which it presents from its subtility, the rapidity of the disease, and the frequent impos sibility of its cure. " But it is said, this would be depriving whole families of their property. And if these families intrust their property to those who abuse it, are they not blameable for placing their funds in such hands ? " It is very important to remark, gentlemen, that by the pre sent law, the suspension of a journal only follows a serious of fence, a condemnation for a particular offence. " It is not correct to say that by this private individuals are deprived of their property ; they are not deprived of their pro perty, but only of the illicit use that they would make of it ; they preserve their Stock ; they may make a better use of their presses ; they can only blame.theruselves for the loss of a greater benefit. " From whence, then, proceeds this deep interest—these cries of violated property ? " But is not the honour which a journal would take from a Frenchman his property ? is it less precious than the property of a journalist ? " Is not the public tranquillity, which a journal would seek to disturb, the property : of all France? " Of whom amongst us, are not religion and royalty, which a journal would attack, the most sacred property ? " Let fear be abandoned. This menacing weapon in the hands of magistrates, who are essentially protectors, will strike only the declared and irreconcilable enemy of the principles of religion and society. " Some persons may think that since the law authorizes the suspension and suppression of journals in case of offinice, it ought also to authorize the Courts of Assize to decide_ in crimi nal cases. It is to be observed, in the first place, that excite ment to crime by a writing is not reputed a crime in itself, ex cept when it is followed by an effect ; then the writer, as an ac complice, suffers the same penalty corporal and ignominious punishments are then considered sufficient means of repression. The suppression could be declared by the high police, if it should be judged necessary to public order : this would not then be done as a penalty. " The suppression of a journal renders necessary a measure to prevent it from re-appearing under another title; without this, the suppression . would be illusory. The Committe has not thought it necessary,,to occupy itself with this subject, since a law of police, which comprises this question, has been pre sented to you. • " TITLE IT. " 'We have hitherto been considering the means of repres sion :, the second title relates to prosecution. " Art. 16.—The first of its articles introduces a new right of high importance. It attributes to each of the two Chambers the prosecution of the offences directed against itself by one of the methods laid down in the law of 17th of slay, 1819. The forms of our Government place the Chambers at the head of the bodies created or recognized by the charter. They partake with the King the power of giving laws to the French. This pre-eminent attribute renders it necessary that they should possess the power of repressing an offence, and with that an absolute independence, which would not exist it' the punish. ment of offences directed against themselves were confided to other bodies, from whom they would have to seek it. Can it be necessary to expatiate upon the necessity of this independ ence in the exercise of our functions, in the holding of our sit tings, in the results of our deliberations, and on the indepen& ence of power necessary to enforce respect and punish offences ? I do not think so, when attention is directed either to the judi cial bodies to which the prosecutions would be referred, or to the different chiefs destined to direct those bodies. However, it is necessary to place somewhere the repression of offences that may be audaciously directed against the Chambers, which are often made with the most criminal view of reaching the throne, by endeavouring to discredit its chief supports. " Your Committee is of opinion that this power could be vested no where so properly as in the Chambers themselves. It is necessary here to consider only offences against the Chambers as bodies ; the offences which are directed against the members of the Chambers, although, on account of their functions, are comprehended under the - common rules of competency. " The Chambers entertain too just an opinion of their dig nity, except in the rare cases of an attack dangerous to the esta blished authority. Other offences will merit only their con tempt ; and this contempt will be evinced by their forbearance. That idea of force, that power of justice to one's-self, appear neither applicable, nor to be apprehended ; there will not be found in the Chambers that susceptibility which individuals display for a private injury. Every feeling of self-love, passion, or petty vengeance, is too much beneath them ; they will never be roused but by what may threaten the Monarchy in one of the first bodies . of the State, It is evident from the very deli cacy of French manners, that the necessity of punishment must be well and long telt, before the Chambers will decide on do ing justice to themselves, or rather, on doing justice to threat ened society. " There are, however, cases in which the intervention of the tribunals might be desired by the Chambers themselves. In an affair which may be of long continuance, and which may com promise several defendants, the Chamber might authorize pro secution in the usual way ; the Chamber never would proceed officially, it would only decide on the degree of importance to be attached to the offence. The cases of reference to the tribu nals will be rare ; and thereby will he diminished the inconve nience, so justly pointed out in the grounds of the law; of throwing, by the reference, too great a weight into the balance of justice, or of seeing the dignity of the Chamber compromis ed by an acquittal. " With respect to the forms of proceeding, the law which grants a discretibnary power to certain judges ought, for much stronger reasons, to place the same. confidence in the Chambers. " The law ought to have reserved to the defendant the right of being heard ; and if the variety of opinions in assemblies so numerous does not supply. him with defenders in those assem blies themselves, it is because the offence is not susceptible of any explanation. With respect to the form of proceeding, every thing is left to the power of the Chambers. " Art. 17.—There is another offence, which from the nature of things can only come within the competence of the Cham bers. It is that committed by the journals in reporting the sittings incorrectly, and with bad faith: The Chambers can alone judge this offence. flow could it be possible to suf fer their members to be cited before the tribunals - as wit nesses, either for or against the accused. The nature of things also requires that the tribunals should be the direct judges of the accounts given of their proceedings. The commit tee proposes to you the adoption of these two articles. 'We are now, gentlemen, about to .call your attention to an important question of competency... The.law cf the 26th of May, 1819, by departing from the common law,. attributes to the Jury the cognizance of, the greater part of the offences foreseen by the law of the 17th of May, in particular oftences of the press. I have called it a departure from the common jurisprudence—it is, in fact, a law of exception. The distinction of offences and crimes is not arbitrary. It is founded on the importance of facts, and occasions a distinction in the nature and duration of punishments. When the honour of the accused is compromised by an infamous punishment, it has been wished to give him a gTeater gnarantee e which was sought for in the institution of the Jury.' This distinction of offences and crimes, and of different tribunels to take cognizance of them, originated in 1791, and is retained in the legislation of 1795, and in the code of " This diitniction is political anti moral. The manner in which it affects the law of the 26th of May is inconvenient under. the moral point of view. The 'people who have been accustomed to. see at the bar of the Court of Assize only men accused of crimes, lose that horror which the idea of crimes inspires by seeing at the same bar men guilty of simple offences—literary men, re spectable in many points of view. The people, who are struck only through the senses, instead of the looks of terror, which they are used to cast towards that bar, begin to regard with more indifference both the crimes and the offences which are thus alternately presented to their view. "•Another conSideration of a political nature appears im portant. What is the tendency against which society has to struggle ? What is the spirit which guides the discon tented, the restless, or rather -th-' ? It is necessary to speak plainly. It is still in y a republican tendency dis guised, it is true, under constitutional forms and language. I conceive that if we had now to fear the arbitrary power of a despot, or the too-marked influence of an aristocracy, that it would be proper to strengthen whatever might form a counter poise. But are not you all aw a re, Gentlemen, that it is the royal authority that is secretly undermined and that we ought to support it with all our strength ? The idea of a republican tendency may be rejected, and it may be' said that every one wishes to be circumscribed within the constitutional system. Respect,. then, its institutions; th e y est a blished a jury for crimes only. Leave offences to the tribunals to which those institutions refer them. " It is said that there is necessarily something vague and ar bitrary in the judgment of offences of the press. But it is not therefore to be concluded, that the right of judging them should be withdrawn from Magistrates, and given to simple citizens. The vagueness which is complained of exists in the difficulty of seizing the spirit of a writing or the secret object of an author. Are simple citizens more capable of this than judges ? With regard to what is arbitrary hi - these judgments, it can only be attributed - to the graduation of the penalties; but that has no thing to do with the institution of juries, it being already left to the conscience of the judge. Besides, gentlemen, it must not be forgotten, that the penalties are axed by law in their mi nimum and maximum. This does away with the idea of an ar bitrary authority, and all comparison with the Star Chamber, or any other despotic commission. It will be said that this is a first attact made on the jury : but nothing has discredited that institution more than the reference to - it of offences . of the press. There has thereby been exhibited the-little zeal of citizens for the office of juror, the inaptitude of some to ap preciate subtile and delicate questions, and frequently scanda lous acquittals. It is the declaration of non-criminality which frequently forms a real scandal ; but when that criminality results rather from the whole of a writing than from express passages, can a right decision be expected from persons incapa ble from their want of education of making comparisons, which might frequently explain, and prove to be innocent, expressions which appeared criminal on the first reading, and frequently also might discover a concealed poison ? Besides, the indict ment can only contain some detached passages. It is, there fore. this kind of oflbnce that juries are more particularly inca pable of trying. " Will it be said that they are less under the influence of the spirit of party ? On the contrary, they are beset with it. We see it daily. How can it be hoped that they should defend themselves against sophisms and captious reasonings---against all the seduction by winch they are surrounded ? Fatigued, undecided, they frequently yield ; often they acquit with regret, and withdraw themselves from public reproach and complaints, imagining that they will be forgotten. in the crowd. Where, then, is the guarantee winch juries afford to society ? " Art. 18.—Time Committee proposes to you to adopt the law project in respect to the reference to the correctional tribu nals of offences foreseen by the laws of 1819 and the present law. It has also instructed me to give to the Royal Courts in a solemn audience cognizance of the offences of the press, on a reference front the Chamber of Council, or on the proposi tion of the King's Attorney, or the party of a civil suit. The Royal Courts arc tribunals of appeal, to which the law intrusts your fortunes and your honour. You regard them as sufficient ly independent for discharging that dutv,and it is of great utili ty to augment still further their political importance. In restor ing to them a power of which they have only been deprived by a departure from the ordinary jurisprudence, you' elevate them in the eyes of the public and in their own esteem. Remember that the Committee proposes that the judgment shall be pronounced in a solemn audience of two Chambers, end that the number of the Judges shall not be less than 12.. You may therefore con sider them as a special Jury. Their studies, their occupations, render them more capable' than other Persons of performing this duty in the interest of society, less sacred in the eyes of the legis slator than the interest of the accused ; for the legislator ought, in his choice, to avoid the suspicion of partiality, even though unjust, which might, perhaps, fall more upon any other special jury. Besides, the experiment of special juries has been made for different crimes, and expel ience has caused them to be aban doned. " Will it he said that this is creating commissions? That would be to form a false idea of what is called u commission. A commission is generally composed, in whole or in part, of men who do not possess the character of judges, and who are only nominated temporarily. It is the want of independence, the suspicion of partiality in the choice, which causes the judg ments of commissions to be suspected ; but what similarity is there in the method now proposed to you ? The judges here are judges for life. The composition of the Court depends in no way upon the Government. They are formed annually, and con tinued fixed fbr a whole year. It will be objected, perhaps, that the accused are deprived of the first degree of jurisdiction. This objection produced a long discussion in the Committee, but it was unanimously rejected. It may here be remarked, that the members of these Courts are independent, on account of their immovability ; that they have almost all reached the boundary of their advancement, and that the Government has no influence whatever over their opinions. • " Art. I9.—The Committee has considered several possible hypotheses. It may happen that a town allows itself to be se duced by erroneous principles, or governed by a faction ; that this party establishes there the focus of its doctrines—the ma nufactory of its poisons ; and that from that spot they are dis tributed by a journal over the whole kingdom. If the Court which has jurisdiction there is prevented from prosecuting, or neglects its duty, shall the rest of France be left without defence ? Suppose, also, troubles fomented on different points of Fiance, while the place where a . particular journal is printed remains tranquil. The Authorities of this place may not perceive the danger proceeding from the journal ; but shall the hands of the magistrates of the places through which the ramifications of the plot extend, who are aware of the mischief, remain tied ? To find a remedy the Committee goes back to principles. • " The offence, the criminality of a journal, is committed in the place of its publication. The journalist shall therefore be tried by the Court within the jurisdiction of which the libel has been published. " Art. 20. —Finally, your Committee has considered the pro vision of the law project which orders the prosecution, even officially, of the greater part of the offences in question. The present project makes no change in• Article 3 of law of the 26th of May, relative to offences against the persons of sove reigns and chiefs of foreign governments, which can only be prosecuted on their own complaint. But the project proposes to modify Article 3, in respect to diplomatic agents accredited to the King ; and provides, that offences against them maybe prosecuted Ex-OFFICIO. The Ministers did not make propo sitions of so delicate a nature, without having in view reasons of a superior order. Your committee considers itself bound to respect these motives, and adopts the proposed provisions. In legislating criminally, and for offences so difficult to be repressed, it can seldom be hoped that the object in view has been attained. Your committee in taking from juries the cog nizance of simple offences, has thought fit to • revert to those rules of competency which have been departed from. It has endeavoured to extend the powers of the first judicial bodies, and in doing so has only conformed to the monarchical spirit and principles. It has, in fine, considered it right to select, for certain offences, punishments which shall not be illusory. " Gentlemen, this law, in its first articles, represses offences against religion and the Royal Authority. Under these'happy auspices, it will be adopted, we trust, by a Chamber eminently religious and royalist." [The M ONITEUR has annexed to the report a copy of the law project, with the amendments of the Committee, printed in opposite columns.] A Meeting was held this week of the Gentry, Clergy, Freeholders, and Occupiers of Land, in the Vale of Taunton, which agreed to represent their sufferings, and the remedy, to the House of Commons, in the following concise terms: — We, the Gentry, Clergy, Freeholders, and Occupiers of Land, in the district of the once opulent Vale of Taunton, most hum bly represent to your Ilonourable House : That the cruel distress throughout the district in which we reside has arrived at an alarming height, and is daily increasing to a most alarming extent. That the progressive decline in value of all the productions of the earth, accompanied by an overwhelming burden of Taxa tion, such as was never before, endured by any country, has swallowed up the capital of the Farmer, and brought the greater proportion of independent Yeomen to the brink of ruin, which, Without the most speedy relief, must ultimately terminate in, the annihilation of that most excellent and invaluable body of men. That your Petitioners therefore pray, that the strictest Eco nomy and Retrenchment may be enforced in every Department of the State. . . An amendment, recommending Parliamentary Reform, was withdrawn, in consequence of the feeling of the Meetii.; being unfavourable to it. COUNTY OF ANTRIM ELECTION.—OD Satur day last the Election of a Representative of this county in Parliament, in the room of the late Col. SEYMOUR, took place at Carrickfergus.— The High Sheriff having taken the chair, his MAJEsT-Y's writ, with the usual ceremonials, was read after which Lord BEAUCII;tMP being d u l y nominated, and no other candidate having been proposed, the Sheriff declared his Lordship to be unanimously elected. His Lordship th en came forward, and in neat and appropriate terms, returned thanks for the honour conferred on him. An ornamental chair was produced, into which Lord BEAUCHAMP entered, but declined being carried through the streets. In the evening a number of the respectable tenantry of - the Mar. quis of HERTFORD, with other friends . of the family, dined together. MUNIFICENT LEGACIES.—The late' G. G. Bpi,. STRODE, Esq. of Foregate-street, in this city, has bequeathed 10001.. to the" Worcester Infirmary, and 10001. to the British and Foreign Bible So ciety.—(Worcester Journal.) We received this morning the French Papers of Sunday and Wednesday, and extract from the Moniteur of the last mentioned day the Report of the Committee on the Law Project fur the controul of the Press, which was presented to the French Chamber of Deputies, on Monday, and produced the discussion reported in our Paper yesterday. The intelligence respecting the state of the question between Russia and Turkey is still of a contradictory nature, the articles from Odessa and the Russian territory breathing war, whilst the Austrian Observer formally denies the accuracy of the news on which the former ground their conclusions, and charge them with fabricating the accounts which are af terwards inserted in the Augsburg Gazette. These contradictions ought not to excite much surprize, when we consider that the Greeks have excited throughout Germany an almost universal enthusiasm, notwithstanding the policy of some Courts tends to the maintenance of peace. For this reason the news-mongers of certain states receive with eagerness every report which speaks confidently of hostilities between the Russians and Turks, whilst the Vienna Journals entertain us with the success of negociations and the prospect of a definitive arrangement. It appears, however,from the accounts in even those papers most hostile to the Greek cause, that both the Turks and Rus- sians are increasing their armies, and organizing their measures as if on the point of opening the campaign ; but we imagine that these differences of opinion will be set at rest as soon as the sea son favourable for military operations shall arrive. It is well known that, owing to the unusual mildness and wetness of the winter,. the roads are impassable in those provinces through which the Russian armies must march to reach the princi pal theatre of hostilities ; and it appears equally certain that these are on the war-footing, that leave of absence, commonly granted at this time of the year, has been suspended by order of the Rus sian Cabinet ; and that nothing has been ne glected in furnishing supplies of every descrip tion which are requisite for large armies on ac tive service. This state of uncertainty is of the utmost benefit to the cause of Greece. The Greeks of the Morea and of the Archipelago, according to all accounts, continue to organize their forces, and carry on the war against their oppressors with success. They have now a navy superior to that of the Turks, and the Flag of Independence is triumphant in the waters of Greece. Letters from Toulon mention the arrival at that port of the French schooner the Pavillon, which left Constantinople on the 13th of De cember. At that date, the massacre of Greeks continued in Constantinople. The Franks were respected, and none of the Embassies (the French Papers say) had been insulted in any way.--The StILTAN was in perfect health, nor had there been any insurrection, or attempt to assassinate him and his 'Son. From Madrid we learn that the dismissal of five of the Ministers had been decided on ; but the King was determined to retain Sr. Bardaxi, the Minister of Foreign Affairs, Sr. Pallegrini, the Colonial Minister, and Sr. Vallejo, the Mi nister of Finance. The four new Ministers are not yet known. It appears .by the Papers that the French Five per Cents. left off at 85f. 85c. on Tuesday, but private letters quote them at 85f. 75c. at the close of that day's market. Since writing the above, we can, with more confidence than ever, assure the country, because we do it from indubitable authority, that the British Government has abandoned all hope of preserving peace between Russia and Turkey. Upon the accuracy of this information, the coun try may rely. Let those who have commercial transactions with Turkey, look well to their con cerns. The speculations in Foreign Journals, which represent' peace as secure on one day, and war as inevitable on the next;. and which speak of the final adjustment of dif ferences as still doubtful and undetermined, on a third, are of course idle and delu sive. The British Government, in its anxiety to preserve peace, and to prevent the aggrandize ment of Russia, at the same time that it sought to obtain protection and the security of ade quate guarantees for the Greeks, has done every thing in its power to induce the Porte to enter into satisfactory arrangements. The only error (if it can be called one), has been. that of attempting to prop up a Power which had evidently arrived at the hour of its dissolu tion. Now that the downfal of Turkey is cer tain and near at hand, we doubt not that England will use every effort for the erection of Greece into an independent State, and that her policy will be to protect the Greeks equally from the Turks and the Russians, should the latter ma nifest a disposition to carry into execution the rapacious designs which have been attributed to them.—lt is not true, however, as reported some days since in the City, that a squadron of ob servation is about to be sent into the Mediter- ranean. We yesterday commented at some length upon the crude and extravagant sentiments promul gated by the French Liberals, respecting a Char ter which, while professing for it an almost super stitious reverence, they either misunderstand or willingly misrepresent. The views of their op ponents are, if possible, still more confused and erroneous.—To the declaration cc that all powers emanate from the Charter," it was triumphantly answered by the right side—" But the King gave us the Charter." " The Charter itself," says M. de MARCELLUS, CC exists only by the King ; consequently our powers, which emanate, if it must be so, immediately from the Charter, proceed in reality from the King, for it is the King who has conceded and granted the Charter to us." Are these merely unmeaning words, or, is it seriously asserted in a legislative assembly at this day, that because the KING has granted a Constitution, he has therefore a right to con troul, modify, or resume it by his own inherent authority ? That he has, in fact, not given but lent the Charter, and may at his Royal pleasure fold it up again and put it in his pocket?—lt i 3 true that the Charter did emanate from the Mo narch, and was his present to the nation ; they have acknowledged thus much by accepting it at his hands in that form. Had he thought proper to withhold it, he might have done so, and risked the consequences ; but, once given, it cannot be retracted by his will, either wholly or in the smallest part. It does not '‘ exist by the King," but independently of him, in spite of him, and, 50 far as its provisions are restrictive, against hint- If this be not so, the Charter is merely a state ment of some good resolutions formed by Louts XVIII. on mounting the Throne, to be acted upon thenceforth, unless he shall see reason to change his mind. But further, that the lirso himself gave this Charter is one of the strongest arguments against his presumed liberty to break it. If it had been framed by one of his prede" cessors, or sprung up in the progress of the Ite" volution, his infringement of it would have been only a blameable attempt on an existing law ; but in the present case it would be additionally culpable as a violation of his own solemn and voluntary engagement.—A. father cannot recall the existence he has given to his child, though , but for him, that child would never have had life ! He may, indeed, cut short its being by violence, anti so might the King of FItANCE, by an arbitrary act of authority, repeal his Charter if he found himself sufficiently powerful, and the emergency appeared to be such as would justify or excuse him in displacing the present land' marks of political order. But this would be a convulsion (a re-action, we believe, is the tech' nical word) and not a legitimate and regular ex ercise of Kingly power. The mode in which Louts XVIII. may constitutionally amend the Charter, if it should become necessary) is that so vehemently resisted by the Liberals/ while the 'Ultras, in their magnanimity, disdain it as too humble a process for the Royal will to work by; we mean by propositions submitted to the Legislature, and supported in the Chathbers by such- force of talents and influence as may re gularly be put in motion on behalf of the KING' S Government. As, however, we have observed already,a solemn Constitutional enactment ought not to be disturbed, even in this regular mode/ for the attainment of any slight or questionallo advantage. The sum of our argument is this that a proposition laid before the Chambers is not to be repulsed merely because it may effect all alteration in the Charter; but that if the whole authority of the Legislature were not sufficient (as it undoubtedly is) to sanction such a change, there is no pretence for solving the difficulty ill the supposition of a dispensing power inherent , in the Monarch. The Project respecting offences of the Press in France has undergone considerable alteratico s in the Committee. It is declared that the lay/ APERTUS is received; shall appear on Monday.—The Letter from Sir HAUCOURT LEES came too late for insertion this day. ERRATU3f in Yesterday's Sum—Foreign .Literature, P. 1, Col. 3, L. 9 from bottom, for " duels,' read " dress." PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK. Bank Stock 3 per Cent. Red......... 7613;1 3 per Cent. C0n5....76.1 76 764 4 per Cent 964 5 per Cent. NavyAnn.loB,'i 108 India 'Bonds 775. Excheq. Bills 4 fi pr. 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