The Sun.
London, England, 1864-01-22 00:00:00

places, and whether some few of the fair promises
of recent years are at last to be carried into
effect. During these past months "her MAJESTY'S
Opposition" (that important instrument of adminis.
tration peculiar to this country) has been steadily
and quietly gaining strength. The Government,
with a total obliviousness of the hazards of their
own position, have played into the hands of their
opponents with a fatal persistency. Any popular
question that may now arise will perhaps open their
eyes when too late to the warnings they have
neglected, and the opportunitieb they have thrown
away. There is yet time for amendment. It
remains to be seen whether the Government will
learn wisdom or the People lose patience.

Some public questions of great importance are
put aside with little or no consideration, which
nevertheless are very deserving of attention. Such

a one is the manner in which our criminals are

,reated.

The convict discipline, in as far as re-

garda penal servitude, is lamentably deficient, and
for some time past its blunders and its failures
have attracted universal reprobation. The graver

question of criminals doomed to capital punish-

went now demands the most serious consideration,
and calla for deliberate reflection on the part of

,hose best qualified to judge, and most likely to

nfluence others by their decision. The case of

TOWNLEY is fresh in everyone's rccollectiont he
was the villain of the autumn, the subject ol con-
versation in all circles, and the topic that attracted
the attention of those who did not ordinarily

bestow much regard on such subjects of horror.

It is difficult to define when one case of murder
worse than another ; some peculiar appanage of
horror, some grim distinction of guilt attends

each in turn ; but if one instance of crime more

than another stands out as atrocious in the annals

of infamy, it is especially that of the man who
deliberately took away the life of one to whom
he professed himself to be attached. There were
no palliating circumstances connected with the

deed, and therefore it came the more startlingly
on the ears of the outraged populace that such a
miscreant had been allowed to escape. The con-
venient cloak of temporary insanity which now-

adays is to cover a multitude of sins, indeed, was
spread over him, and he was removed from the peri-
lous position in which he was placed by the sentence
of the law. It is at all events desirable that some
protest should be made against such a pro3eeding,

and that the authorities should at least be told how
little they ha 3 e represented the tone, or satisfied
the temper, of the country in their extraordinary
arrangement of affairs with relation to the criminals
arraigned for murder. The reply of the Derbyshire
magistrates to the Home Secretary's communica-
tion is well worthy of notice, and should meet with
due attention, alike from the exigency of the case
referred to, and the right view which is therein
taken of the matter. In one part of the reply we
find the following important statement :—" The
report made to you by the Lunacy Commissioners
seems to the magistrates not to support the certifi-
cates of the two justices and two medical men, but
to show that ToWNLEY is now, by law, criminally
responsible, and that the further inquiry sought by
the magistrates ought to be made." This is strictly
to the point, and exactly expresses what ought to be
done. Of course no one can expect the advice to be
taken, or the suggestion to be attended to; but at the
same time it is very satisfactory that these gentle-
men have had the sense and spirit to take up the
case in a bold and determined manner. They have
at least done their duty to their country, and de•
serve recognition for it. No one who peruses the
remarks here made in a dispassionate spirit but
will agree in their reason and acquiesce in their
justice. A. more made-up affair than the alleged
lunacy of TOWNLEY has never been the means of
saving the life of a prisoner, and it is therefore the
more incumbent un all who are able to put them-
selves forward to make a decided stand against this
encroachment, and to vindicate the majesty of the
law, which is set at nought by such senseless inno-
vations and unwarrantable infringements. The
last paragraph in this reply is particularly worthy
of notice, as it aptly suggests a remedial measure
of great value and manifold importance. It is
stated that, if the existing legal machinery is not
deemed sufficient, Parliament will soon meet, when
the deficiency will be rectified. If there is one
thing more than another which should meet with
prompt attention and receive requisite alteration,
it is the system now in vogue in regard to capital
punishment and the manner in which the preroga-
tive of mercy is applied. Lord HENRY LENNOX
has given notice of a motion to inquire into the
exercise of that power. This is very desirable, and
it is a matter of congratulation that the noble lord
has taken up the case in earnest, and so promptly
found an occasion for its discussion. It is too im-
portant to be neglected, too solemn to be trifled
with, and concerns a question of too grave an im-
port to be left any longer at the discretion of those
who seem quite unfitted to exercise their lofty trust
with meet discernment and impartial conduct. It
must not be permitted that the law should rest in
the state it is now, for in a short time the deleterious
effect of such a procedure would be painfully visi-
ble, and the increased number of murders would
swell the aggregate of crimes to a fearful extent.
All who had rich or powerful friends at hand could
easily put forward the plea of insanity ; and a little
stretch of ingenuity and a small share of invention
would make a very creditable case for court, and
furnish ample evidence to swear by. Such devices
may suit those who practise them, and serve the
ends for which they are designed, but they never
can be consonant with the spirit and the sentiment
of a virtuous people, or enable our lawyers and
judges so to administer the law and deal out its
pains and penalties that vice and wickedness may
be punished as they deserve, and finally, so far as
possible, be uprooted from their stronghold among
us. This ought to be the object borne in mind by
those who attempt altering and changing the sta-
tutes, more often, it is to be feared, to suit their own
'a ncies than the national interest.

The addresses of oar popular representatives have
lost much of their interest, now the armistice in the
battle of politics is so nearly at an end. Neverthe-
less the opinions of a member of the Government
are sufficiently important to form some exception
to this rule, and the speech of the President of the
Board of Trade will certainly attract a good .deal of
attention from the general public, as well as from
his audience at Ashton-undcr•Lyne. The right
hon. gentleman touched upon many topics—on the
cotton trade and the American war, first and fore-
most, as befitted his constituency ; on the state of
trade generally, on reform, and on the Danish ques-
tion—on the latter displaying a due amount of offi-
cial ambiguity and reserve. His opinions on some
of these subjects must have been at issue with those
of many of his hearers—still less will they commend
themselves to the general sense of the public. In
the question of the great civil war, which is now
desolating the fairest portion of the western hemi-
sphere, his sympathies are entirely with the North,
He adopts that construction which the friends of
the Federals are so eager to put upon their unrea-
sonable persistence in this cruel and hopeless
struggle—he regards the war as a war for the ex.
Unction of slavery. It is fervepitly to be Toped