The Sun.
London, England, 1852-04-09 00:00:00

THE SUN,

the necessity of multiplying precautionary mea-
sures proportionately with the increase of speed
from the replacing of canvas by machinery. Soli-
citous as we are to witness the more effectual de-
velopment of the national capacities for navigation,
we have long clamoured for the application
of steam, even to the vessels of the royal
navy, through the medium of the screw-
propeller. It would be preposterous, therefore,
to imagine for an instant that we are now endeavour-
ing to depreciate the value of the steam-engine as a
power for marine locomotion. Our purpose at this
moment is to insist, not upon the advisa-
bility of foregoing the advantages of the mo-
dern principle, whether applied to ships of
war or of commerce, heaven forbid ! but
the absolute and imperative necessity of adopting
many additional measures of precaution. Such
measures, for example, as never permitting any vessel
fitted up with new engines (like the Amazon) to make
her first voyage before her machinery has got into
proper play, so as to run no possible chance of over-
heating the bearings; or as giving mere attention to
the efficiency of all the arrangements as to the boats,
so as to facilitate the task of lowering them safely
by their ordinary tackle; or as looking well
to the discipline of the crew, so as to ensure
their respectful attention to orders under any
emergency. Essential we certainly regard these
steps, in the way of improvement, to be—absolutely
essential, if we would be spared the recurrence of
disasters such as those we have too frequently had oc-
casion to recount of late years, disasters destructive
to life as well as ruinous to property ; and because of
our convictions as to this necessity we have taken
occasion to refer in illustration to the recent loss of
the unfortunate Birkenhead.

LONDON,

benefit of her testimony if favourable, nor could he
be prejudiced by it if injurious. But she was ar-
raigned along with him, and, therefore, her un-
corroborated statements, made privately to her
mother, and also to the Superintendent of
the Surrey Police, without any caution as to the use
that might subsequently be made of them, when her
husband could give no explanation or contradiction,
were brought forward nominally against her, but
really against him, and it was solely by means thereof
that he was convicted of the crime laid to his charge.
It should not be forgotten that this confession or
statement was not injurious to the female prisoner—on
the contrary, if credited, it would, and most probably
did, lead to her acquittal. Her able and talented
Counsel (Mr. CHARNOCR) largely availed himself
thereof, and showed that, if true, she could only be
considered an " accessory after the fact," for which,
in consequence of the nuptial bond between them, she
could not be made amenable to justice. The state -
ment, therefore, although nominally put in against
her, was actually in her favour, and it was only
against her husband—the unfortunate convict—that
it really operated. Was this correct ? Was it in ac-
cordance with the constitutional law of the land ?
We believe not, and we are satisfied that it only re-
quires that the attention of the HOME SECRETARY, a
sound and experienced lawyer, should be directed to
the question to ensure a wise and judicious decision
on the subject, on which the life of a fellow-,creature
depends.
We feel greater confidence on this point, inasmuch
as the Right Honourable and Learned Gentleman
has already acted upon the principle in the case of
two other men—KEAMISH and AYERS—who had
been convicted of murder at Winchester during the
late assizes. We believe that the clemency extended
to these parties was not cwing to any doubt
as to their participation in the offence, but
in consequence of the unsatisfactory nature
of the evidence against them. Had it been
otherwise, if any reasonable question could have ex-
isted as to their guilt or innocence they would have
received a free pardon, in place of a commutation of
punishment. But in their case the evidence was
fairly admissible, and should be considered by the
jury for as much as it might be worth, whereas on
KEENE'S trial the inculpatory statement should have
been altogether dismissed from the minds of the
urymen.

But—it may be objected—the illustration is un-
lucky, seeing that all reasonable precautions were
adopted in the instance of the Birkenhead. Not so!
It is true, that before the vessel struck
on the rocks off Point Danger there was the man at
the wheel, steering steadily according to directions,
S.S.E. E., with a berth of about four miles from
Cape Rangeliff. True, that the night being calm
and starlight, with land visible from three to four
points on the port bow, and with a long swell setting
in on shore—look-out-men were placed and a leads-
man was on the paddle-box. But—the course itself
was an evidence of grievous want of proper precau-
tions. They were hugging the shore too closely, for
the purpose of making a " short cut ;" and this,
moreover, still going at the rate of 8i knots.
Besides—about the middle-watch the leadsmen sud-
denly got soundings in twelve or thirteen fathoms,
thereupon informing the second master—yet the ship's
course was not altered. What says Commodore
Wvvria. upon this subject in his dispatch to the
Board of Admiralty ? Writing from Simon's Bay,
he says distinctly—" When soundings were first
struck, had the helm been put to port, the ill-fated ship
might have escaped the danger." As it was, no such
ceder was given by the officer of the watch, and
before the leadsman could get another cast the ship
struck, and he found seven fathoms alongside,'
ith two under the bows and eleven by the
stern. Twenty minutes afterwards the noble
vessel was completely broken up, her hull submerged
ai: d her spar 3 floating over the surge, with 454 un-
hzippy mortals abandoned to a sudden and appalling
destruction. Surely, then, there is an utter absence
of the 7o zpE7rov in this declaration that sufficient
precautionary measures were taken in reference to the
management of the Birkenhead !
Of the heroism, the self-possession, and the dis-
cipline of the poor soldiers involved in this calamity,
it is impossible to think without admiration. Admi-
rbble as the spectacle of their endurance is, however,
in the remembrance, it is altogether too touching in
its solemnity to be viewed otherwise than with
emotion. Quis talia-fando temperet a lacrymis

We are not the opponents of capital punishment in
every instance. There are cases of wilful, premedi-
tated, and deliberate homicide, in whiob, according
to our views, the extreme sentence of the law
should be carried into execution. We know, how-
ever, that many amiable and estimable individuals,
differ from us in this opinion ; we only now allude
to this point to show that it is not owing to what
has been—we think very improperly termed—a
"sickly sensibility" or " morbid feeling" on the sub-
ject of capital punishments, that we have put forward
these views, in which we trust we shall be supported
by many advocates for capital punishment in extreme
cases, as well Rs by its conscientious opponents, so
that the result may be the preservation of the unfor-
tunate youth now enduring the r.nguish necessarily
occasioned by the contemplation of the terrible
tragedy in which be is to enact the leading part at
Horsemonger-lane Gaol on Tuesday morning.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The memory of " the bravest of the brave" is at
length to receive a testimonial of national honour.
50,000 francs have been granted by the Government
fur a monument to the most brilliant soldier of the
Empire—the gallant and ill-fated NEY.
The distribution of prizes at the Grand Cattle Show
at Poissy took place on Wednesday. The Minister
of Agriculture and Commerce presided, and opened
the business of the day by a speech, which, after ex
pressing the warm interest which the PRINCE PRES'
It is a legal principle, which we believe has never DENT of the Republic took in the prosperity of the
agricultural interests of the country, and recapitulat-
been disputed, that no evidence can be received or, in
ihns theddifferent measures which had been adopted by
fact, anything done indirectly or by a side wind,
and complimentinganhis Governtmheendtiffteo
eprtoemohtiebittohose interests,
Which would not be directly available without trickthe re-
or subterfuge of any kind. The rule is indeed indis- suit of their efforts, he concludedru
asx followsr ?a
pe nsable to the due administration of justice. If any " Thanks to this ensemble of ameliorations, and tothose
relaxation were allowed there would be no end to which the Government have still in contemplation,
1 there is reason to hope that agriculture will henceforth
the discreditable devices resorted to, and much time proceed with a firm and rapid p ate in the path of
would be consumed in the arguments consequent progress. This show,at which so great a number of
upon such attempts. Matters are occasionally, as it
breeders have disputed for the prizes, and where such
„ re
hm atrkabldy
g re fine
e animals have been exhibited, proves to
is. termed, " thrown into the jury box, of perfection Franc e
industry;has ai already
which, although not legally admissible, may arrived in what we may callpastoral
yst considerably affect the verdict ; but there is no branch of industry worthy of the highest enc a
on-
lagement, for it is by it that not only the soil
P ractice which the Learned Judges more severely
i
increased
sdecreased
nirne
ase value, butin price,thata
tndhe nourishment of the
censure whenever the object is apparent, or even in people
arerendered
animated more
withsu b
to caution the jury that they are bound to dismiss -
any degree perceptible, and the utmost care is taken stantial. Receive, then,
so noble an emulation f all you who
or the agricultural destinies of
the country, the expression of the gratitude of the Go•
such matters entirely from their minds, and not per- r ernment. Be assured that it will not fail in
findin it h
its mission ;
nedt them in any degree to influence their judgment. be assured that agriculture will always
If this be the case in civil suits, where £s. d. are most lively and the most constant solicitude. And you,
zeeeanitlenniden of the
ljuries,
only concerned, how much more strictly should it
boors,the
have displayed so much
acceptimpatrhtlea
n
les observed in criminal inquiries, where the the Government for the part
thtayniksthoef accomplishment
th of your la-
liberties, or possibly the lives, of the parties which you have taken in this a
S evfe.ral
insults
thedEnlglish journals continue to be pro-
m:ay be staked on the result, and where every, even We read in the Pattie :
Rcaepuurabllicies
doubtful, point should be decided in favour of the
algal President of oeftethaee onA the Government of the
prisoner. We find, however, one remarkable case in
w hich a mere lad has been not only capitally con- hoods they affirm that entire m
departmentsong other
havegross
b been
efna lre:
vi4:ted, but is at this moment awaiting the extreme populated, and their inhabitants sent to Cayenne and
penalty of the law—which will be carried into execu- ton enable the. holt public tseffiee
to mention such allegations
to suffice
of the honesty of those who
don on Tuesday next, unless some interference make them, and
who thus play upon the credulity of
shnuld take place in the interval—who must neces- the English people."
sal ily have been acquitted had not his wife been joined
silence
letter from Orleans states that, among the libe-
rae convicts who have been ordered to fix their re-
in the indictment, and her confession or statement re- in that city, 16 have voluntarily inscribed
cei ved in evidence and taken into consideration their names to be sent to Cayenne. Several others in
against him, by the jury who returned the fatal the same category, but who are not under the sur-
verdict. We believe that in this assertion we shall not veillance of the police, have solicited
to be sent to the
only be corroborated by the ample reports of the new penitentiary.
trill, which appeared in the public journals, but by ,I,Ve find the following in the Constitutionvel :
the, opinions of every person present in court durin ;
e reanAburnseemmheenrt appeared e thea
refd•ti nt
dd hhoel dmeur
es
hwahtoa
lbnascls
wdhe m
at
atnad
de d
re a
the, inquiry. We would even appeal to the different with their money. A certain number among them, be-
me mbers of the jury, to say whether their minds fore receiving what was due to them, asked the clerks at
were not materially influenced by the confession of their
rsduer w
my
anhdeftnhrer they might
reinaharse ebe allowed to withdraw
reimbursement,
con-
the female prisoner, and if a single one of these version, and they appeared well satisfied onreto theeeiringan
twelve gentlemen could say that had he not answer in the affirmative. Others before leaving the
heard that statement he would not have agreed Trreeaassuurryiboinadvsestaatdhatlhfe t hme einnetye ret sh;eyf
thhad received in
securitye
to the verdict in the other testimony, which had refused, and so great was the demand fnr those
merely established a case of strong suspicion against ondnours s that
listwasthfound necessary to keep the office open
tie prisoner, the point is disposed of, and the execu- two
cash to the caniasr e rakes uresteraalites,
Others repaired with their
the payments into which
tion of the prisoner `viii be neither more nor less than have lately considerably increased."
a judicial murder.
It is not necessary for the purposes
enter into any discussion on the question of General CANRODERT, one of the Extraordinary
of our argu- Commissioners sent out by the PRINCE PRESIDENT
of the Republic, has just applied measures
, of clemency to upwards of 60 individuals in
the ar-
the actual guilt or innocence of JOHN KELNE, or .o
rondissement of Severs, and to six in that of Chateau-
whether
consider
'
his wife was the real delinquent, or , Chinon, all condemned to various degrees
whether both participate •fearful crime. Ac-d
in the portatice. In most instances, in place of the punish-
cording to constitutional • cipla it is not sufficient meet to which they were condemned, surveillance
that a man ,houid have Frill -
committed any offence. His will be merely exercised over those persons. In the
guilt muse alio i,,,, ,
clearly eatablished by legal evi.
another of the Extraordinary Commissioners, has also
plaining of
parties, respecting
perions repeatedly cons- been actively engaged in using the powers conferred
duct no passible doubt., respecting whose atrocious con- on him by the PRESIDEIST of the Republic. At
could be entertained, escap- Montelimart, out of 71 prisoners, 40 were pardoned;
inn with impunity, throw • le and at Crest, out of 185, 78 were set at liberty.
link in the chain of •
r°ugh some defect in a slug
evidence Wednesday was the first day of the Longcbamps
in the indictment. The ,or some technical error
, procession. The weather was remarkably fine, and
principle,
apparently carried to an absurd however, althougn the turn out of equipages unusually striking.
vast importance. It Is founded on
is really one of A letter, dated London, has been found (according
trice that it is better that " ninet 011 the humane doc- to the Times' correspondent) in the house of a So-
should escape, than that one • y-nine guilty persons I cislist in the Marne, and was handed over to the
I Nixed Commission in that department. Its contents,
unjustly punished," a doctrine, the man should be
the reasons for
have been so clearly and beautifullywhich 1 brew h the spirit of fraternity and philanthropy :
put forward 1 t e
Si: SAMUEL RoMILLY, that we
cannot refrainby 1 oMy dear Friend,4 only this day heard. the unfortu-
quoting the very words of that distin • from 1 rate result of your trial, and I regard it as a sacred duty
reformer :—" It should be recollected, too"
legal ito give you, GI a distance it is true, a cordial and fra-
'3o," said that I ternal shako of the hand. congratulate, rather than
accomplished, amiable, and hi la • or having pro.
g minded gentleman I pity, you, my dear friend. A conviction f
" that the object of penal laws is the protectioneni6nll claimedthe no-vn of the -great Robespierre, the man
and 1 re •
security of the innocent ; that the punishment lwho comprehended and most desired the emanci-
of the Ipete best • ificent preee-
guilty is resorted to only as the means of attain- I dent_laa
of• humanity,
is
oaor magnificent prece-
guilcy is reaurted to only as the means of attaja.. dent A long as our poor race of pigmies
ing that object. When, therefore the guilty in-
..._,. As lon as ofutahatp
giant we shall remain
escape, 1 iwn"al
d insult the . 0
and the Revolution will be
the law bee merely failed of its intended effect • nonsenseegraeled position,
it has done no good, indeed, but it has done no I i as regards us. We must not suffer the adieus
harm. ; tiradesour
of the wretened beings of the present day against
But when the innocent become the • • victims of the r fathers of 1793 to pass without a vigorous protest.
law, the law is not merely inefficient-1 does
i not No, there(Tech; there was no crime committed .
at that glorious
mere:y fail of accomplishing its intended sublime actions—
were only noble and
object, it there was
main-
injures the persons it was meant to protect ;it creates tenan„ oftt° emancipation of the world and the
ranch nationality. The car of the Revolu-
tion will n
destroys the se- worse for not Buffs:. itself to be stopped—so much the
eurity it was made to preserve." The opinions of endeavouring who are crushed under its wheels whilst
such a man must ever command respect, more espe- I themselves. gto arrest its progress! Their blood be on
cially on subjects to which he had especially directed 'L ei immediately co my noble friend,
his attention, and by means whereof he gained his 1. eLru-Rollin, the immunicated to .
Etat letter that you did me tno
onour to adores& to
brightest laurels. forthwith, and / trust he promised me to reply to
.it
rust 'hit his reply will arrive
. in
In the particu!ar case under notice, had JAN_ , time. I have seen
' duced him to Led-------- here, a end I have even intro-
KEEINE not been placed on her trial along with her mated I believeru Rollin H' ' good fellow, ani-
,, With • eis a
husband, no statement of hers, although given on that he does not clearly intentions; but I fear
oath, in his presence, and with a full opportunity of movement in France. yl4rlerstand the revolutionary
, and what kfluence does h t do you my of him,
ems-examination, could possibly have been received. he Possess in your country.
• • . I trust that I shall
In consequence of the relationship existing between and devote myself again fo the
soon return amongst you
them her mouth was hermetically sealed against him,
either for good or evil. Ile could not receive the ciatist ideas—the only post °E
Then we will forgot all those propagation of sound So-
, which I am ambitions.
; will forget them biter havine Ilech.e persecutions; we
I) taken vengeance for She=