The Sun.
London, England, 1865-12-28 00:00:00

FRE SUN, LONDON, THURSDAY EVENING, DECEMBER 28, lEEE.

of the law considering that the man who has killed
another in a sudden fit of passion, caused by insult
or otherwise, is as guilty as he who has brooded over
the crime for a long time. No wonder that the ma-
jority of the witnesses examined by the Commis-
sion have recorded their opinion that such a condi-
tion of affairs requires alteration. Two modes aro
mentioned as practicable for improving this faulty
state of things, and they are worthy of regard; the
first is to abrogate the existing law of murder, and
to substitute a new definition of it, " confining it
to felonious homicides of great enormity, and leav-
ing all those which are of a less heinous descrip-
tion in the category of manslaughter." The
other course is similar to that in vogue in America,
which leaves untouched the distinction between
murder and manslaughter, and divides murder into
two classes, in order to restrict the punishment of
death to the first degree of it. The Commission
consider, after careful consideration, that the latter
mode will be found the most practicable in the end,
and prevent unnecessary confusion in several ways,
such as interfering with the treaties of foreign
nations for the extradition of fugitives charged with
that crime, and also renders it unnecessary to " re-
model the statutes." By thus confining the
penalty of death to murders of the " first
degree" confusion and misunderstanding may
be avoided, and a better understanding pre-
vail regarding the due administration of the law.
In all the secondary cases of murder the punishment
should be penal servitude for life, or for any period,
not less than seven years, as the discretion of the
Court shall award. The crime of infanticide has
engaged the attention of the Commission owing to
the frequent failures of justice in this respect. This
" important and difficult subject," as it is here
styled, has been duly weighed, and the result of the
discussions and deliberations has been that it is
proposed to meet the emergency by passing an Act,
making it an offence punishable with penal servi-
tude or imprisonment, unlawfully and maliciously
to inflict grievous bodily harm and serious injury
upon a child during its birth, or seven days after-
wards in case such child had subsequently died.
" This mode will obviate the great difficulty that
now exists in proving whether the child has been
born alive, which supposed necessity at present
prevents the carrying out of the sentence in such
numerous instances."

An almost unanimous opinion prevails respecting
the desirability of restoring to the Judges the
power of directing sentence of death to be recorded.
Perhaps the most important branch of the subject
here treated of is that which is reserved for the
conclusion of the Report, namely, whether
the " abolition of the present system of public
executions" is expedient. Upon this branch it
would seem that nearly all the witnesses are unani-
mous in condemning the practice. The Commis-
sioners therefore recommend that an " Act be
passed putting an end to public executions, and
directing that sentence of death shall be carried
out within the precincts of the prison, under such
regulations as may be considered necessary to pre-
vent abuse, and satisfy the public that the law has
been complied with." This is a very momentous
thing for a Royal Commission to recommend, and
the proposition of such a change naturally gives
rise to serious considerations. It is not likely that
this last recommendation of the Commission on
Capital Punishment will meet with anything like
universal approbation, because it will appear to
militate against some of our most cherished customs.
The principle of publicity is inherent in the Consti-
tution of this country, and the idea of the extreme
penalty of the law being carried out in a hidden
manner will meet with disfavour in many quarters.
Besides, there is another very important thing to
dwell upon, and that is how far would the adoption
of such a system as this proposed affect the class
most to be considered, namely, the criminals them-
selves. Would not some of the reproach and oblo-
quy which now attaches to the sentence be removed
if the public execution of it were changed to one
of a comparatively private character. In all our
legislation in this extremely difficult matter let us
never lose sight of the one thing needful, which we
are apt to overlook in the multitude of secondary
questions that arise, and as deservedly considered
of great consequence. This predominant object
assuredly is so to frame our statutes, and carry out
the sentences of our courts and the verdicts of our
juries, that the utmost horror may be entertained
by criminals at undergoing the extreme penalty of
the law. Thus only may we hope to effect any-
thing like a beneficial system for the protection of
society, and the deterring of criminals, so far as
human ingenuity can attain, from the commission
of that offence most obnoxious to justice and
most awful in its responsibility. Connected
with this subject, it is worthy of notice that
a large cargo of criminals has just been sent from
France for New Caledonia, containing two hundred
convicts. The first cargo sailed last year, and con-
tained no fewer than seventy-two assassins. This
shows that " capital punishment " is the exception
and not the rule where murder has been proved,
even though it may be carried by a majority of
seven to five in the jury-room.

LA TEST INTELLIGENCE.

(REUTER'S TELEGRAMS.)

SPAIN.
OPENING OF THE SPANISH CORTES.
THE QUEEN'S SPEECH.
MADRID, DEC. 27.

The Queen opened the Cortes in person to-day.
In the speech from the throne her Majesty said :
" My desire for peace has not been able to
prevent the commencement of hostilities between
this country and Chili, which had obstinately re-
fused to make amends for wrongs done to the
Spanish nation during the Peruvian difficulty. The
Government will give an account to the Cortes of
the progress of the war and of any negotiations
that may take place in connection therewith.
" Desirous of respecting the independence of
the States of South America, founded on the ancient
colonies of Spain, I have signed a treaty recognising
the independence of San Salvador.
" My relations with the other foreign Powers
continue favourable.

" Various reasons, originating in a desire per-
manently to promote the interests of the nation,
have induced me to recognise the Italian Kingdom,
but that recognition cannot weaken those feelings
of respect and devotion to the Holy Father common
to all the faithful, nor lessen my firm intention to
watch over the rights of the Holy See."
Her Majesty, in referring to the financial diffi-
culties, spoke of the necessity of increasing certain
taxes and reducing the expenditure, in order to
balance the expenditure with the revenue. A bill
would be introduced with the object of extinguish-
ing or liquidating the old, and of reducing the
floating debt. Other measures relating to the
national domains would be presented for the consi-
deration of the Chamber at the same time as the
general Budget. Bills would also be laid before
them tending to promote municipal liberty and to
harmonise the interests of local administrators with
the interests of the Government. Another bill for
the prevention of the slave trade in the Antilles
would also be presented.

Iler Majesty complimented the army and navy,
and concluded as follows :

" I am convinced that labour and production
cannot be developed where order and liberty do not
exist. My Government, without being uneasy
about the attitude of political parties, will pursue a
tolGrant but firm policy, will repress disturbances
without cruelty, and will respect the law. I hope
it will overcome all difficulties, relying upon public
opinion as represented by the Chambers."

MADRID, DEC. 28.
The frigates Vadras, Almansa, and Trinidad are
about to leave for the Pacific.

The diplomatic corps was received yesterday by
the Queen.

The Papal Nuncio, as senior mcmber of that body,
congratulated her Majesty on her return to Madrid.

The Commission for the reform of the Customs
tariff and the differential duties levied on vessels of
foreign countries is actively engaged in its labours
A royal decree has been issued directing the
special commission appointed to report upon the
means of suppressing the differential duties to ex-
tend their inquiries to the possibility of effecting a
reform in the present system of duties upon cotton
manufactures, and the mixed fabrics into which
cotton enters, upon cast or bar iron, and coal and
coke.

Tho royal naval authorities at Cadiz have noti-
fied to the shipowners and shippers in that port
that the Government has adopted and will con-
tinue to adopt all necessary measures for the effi-
cacious protection by the royal naval forces of
Spanish merchant vessels against Chilian privateers.
Great alarm prevails at Cadiz on this subject, and
the public are anxious so know how many and what
class of vessels will be sent to sea by the Govern-
ment to protect Spanish commerce.

Letters received here from the Pacific state that
the Spanish frigate Blanca has taken 13 Chilian
prizes, the Resolution 5, the Vencedora 1, and the
Berenguela 4. One of these prizes was, it is stated,
laden with copper ore to the value of $200,000.

In consequence of the determination of the
Moderado and Neo-Catholic parties to offer a vigor-
ous and united opposition to the Ministry in the
Senate, it was lately rumoured that the Government
intended to promote several deputies from the Con-
gress to the Senate, in order to counterbalance the
strength of the Opposition in the latter body. This
report is now contradicted by the Correspondencia,
which states that the Government will meet with a
decided support in the Upper as well as the Lower
House of the Certes.

It is semi-officially announced that the King of
Portugal will arrive in Madrid between the 27th
and 31st instant.

Open dissension now prevails between the Pro-
gressist and democratic parties. During her last
sojourn in Spain Queen Christina is generally be-
lieved to have made every effort to bring the Pro-
gressist party into power. The Novedades now
states that her Majesty will resume these endea-
vours upon her approaching visit to Spain on the
occasion of the confinement of her daughter, Queen
Isabella. The Novedades and other journals of the
Progressist party regard this advocacy of Queen
Christina with some complacency, and even appear
disposed to forget their former hostility to that
exalted lady. This appears a great scandal to the
Democratic press, which maintains that there is no
longer any popular party except that of Demo-
cracy. All others, instead of relying upon the
people, confide in one or other of the personages
surrounding royalty—some in Father Claret and
Sister Patriocinio, others in the ex-Secretary
Tenorio, or in the Queen's physician ; and, finally,
the Progressists in Queen Christina.
The Democratic Committee has accepted the re-
signation of the Socialists formerly belonging to it.
Twelve Democratic representatives from the pro-
vinces, professing social opinions, have also separated
from the mass of the party.

ITALY
FLORENCE, Dec. 24.

The Ministerial crisis has not yet terminated.
Fresh difficulties are said tohave arisen through cer-
tain differences with General Lamarmora and Com-
mander Lanza. The general is understood, however,
not to despair of success. Senator Saracco, who
holds a high reputation for abilitysin financial mat-
ters, is expected in Florence. His visit is supposed
to be connected with the present Ministerial crisis.
Within the last sew days a Ministerial decree has
been issued closing the ecclesiastical seminaries of
Meleto, Giovinazzo, Monopoli, and Andria. At
the same time notification has been sent to the
seminaries of Marola, Carpi, and Del Finale,
granting a period of one month within which they
should conform to the prescriptions of the existing
educational laws under penalty of being closed by
the authorities. The opening of secondary schools
in the Neapolitan provinces is actively proceed-
ing, and the municipalities in several districts
have granted subsidies towards their support.
The Opinionc states that when the reduction of the
dioceses to the number of provinces is carried out
there will be one theological school for each diocese,
in which pupils will not be admitted until the com-
pletion of their 18th year.
In yesterday's sitting of the Chamber of Deputies
the commission appointed for the purpose made their
report upon the bill extending throughout the year
1866 the application of the exceptional law on brig-
andage of the 7th February, 1864. The commis-
sion, composed of Signori Mazzarella, Lazzaro,
Mancini, Massa, Marazio Arnulfo, Valerio, Cor-
renti, and Avitabile, admitted that the exceptional
law in question had borne the best results ; but with
respect to the future " they were unanimous that
an exceptional law could not be retained
unless de-

manded by absolute necessity." The report con-
tinued :

" The real question before the commission was, there-
fore, to decide whether it was still necessary and indispen-
sable to maintain the law abovementioned. Now, it should
be stated that both among the committees of the house and
the commission the opinion prevailed that such a necessity
had ceased to exist. It was unanimously held that excep-
tional measures were no longer necessary ; that it is suffi-
cient if the Pontifical frontier be well guarded, and if the
ordinary magistrates and the officers of public safety fulfil
their duty with diligence, accuracy, and promptitude. The
commission are glad also to acknowledge that increasing
civilisation henceforth renders a special impressive law un-
necessary. The commission are convinced that the Govern-
ment will take the necessary measures to guard the frontier
—that it will vigilantly watch that the civil and military
authorities in their several provinces fulfil their duty, and
will thus effect a complete organisation :of the service of
public safety. The commission are further of opinion that
it would be useful to assign rewards to those whomay dis-
tinguish themselves against the few brigands still remain
ing. If it should be considered necessary to take special mea-
sures for the protection of any particular district contiguous
to the Roman frontiers,such measuresmight form the subject
of a special bill. Since it is resolved that there is no ground
to accord the extension of the exceptional law, there is no
necessity to discuss articles of secondary importance rela-
tive to matters that would be better discussed separately."

The Ministerial bill was therefore rejected by the
commission.

Signor Chiaves, Minister of the Interior, after
stating the motives that had actuated the Govern-
ment in presenting the bill, admitted the improve-
ment which had been effected in the southern pro-
vinces with respect to brigandage, which had now
also lost all political character. Under these cir-
cumstances the Government had determined to with-
draw the bill. The Minister did not apprehend any
dualism between the civil and military authorities,
and believed that the former would fulfil their duty
all the better when they felt their responsibility in-
crease. Signor Chiaves concluded by stating that,
from the above considerations, he had the same
morning submitted a decree for his Majesty's sig-
nature, withdrawing the bill for the extension of
the exceptional law. Special measures might be
proposed for any particular district in which they
should become necessary.
The Chamber afterwards unanimously passed a
vote of thanks, proposed by Signor San Donato, to
the army and the National Guard for the immense
fatigues and sacrifices they had endured in effecting
the suppression of brigandage. A motion, brought
forward by the same member, was also adopted, by
which the House adjourned until the 15th Jannary.

FRANCE.

PARIS, DEC. 28.

The 21foniteur of this morning publishes the deci-
sion of the Supreme Council of Public Instruction,
in the case of the seven students, with a long pre-
amble, setting forth its reasons. The decision of
the Council of the Academy is confirmed, but the
term of exclusion from the Paris Academy has, in
the case of Brigourdan, been reduced to two years.
Rey Lafargue, Jaclara, Casse, and Losson are ex-
cluded from all other academies throughout the
empire for two years, and Reynard for the space of
one year.

The Emperor received yesterday at the Palace of
the Tuileries a letter by which the King of Prussia
notified to his Imperial Majesty the marri4ge of his
niece the Princess Alexandrine with Duke Frederick
William of Mecklenburg-Schwerin.

The Ministers yesterday attended the Council of
State, now occupied with examining the draft of the
budget.

The Emperor and Empress went yesterday at two
o'clock to visit the new Tribunal of Commerce, and
were received at the principal entrance byM. Behic,
Minister of Agriculture and Commerce, Baron
Haussmann, Prefect of the Seine ; M. Bertbier, Pre-
sident of the Tribunal of Commerce ; MM. Baltard
and Bailly, architects ; M. Robert Fleury, the
painter ; &c. Their Majesties found collected in-
side all the members of the Tribunal of Commerce
as well as those of the Prud'hommes. The visit
lasted a considerable time, their Majesties asking for
information on the most minute details. At their
departure, as on their arrival, the imperial party
were saluted with acclamations.

At the State dinner given at the Tuileries on
Monday the Queen of Portugal was seated at the
right of the Emperor, and the Princess Clotilda at
his left ; at the right of the Empress was the King
of Portugal and at her left Prince Napoleon. After
the dinner the artists of the Theatre Francais played
two pieces, " Le Legs," of Marivaux, and " Il faut
qu'une Porte soit Ouverte ou Fermee," of Alfred
de Musset.

The Theatre des Arts at Dijon has just been the
scene of an extraordinary incident. A young actress
named Erambert, being irritated by a hiss after
singing an air during the performance of the " Bar-
bier de Seville," addressed the words " Imbecile !
Pete !" to the author of the mark of disapproval.
For this offence she was, on the following day, con-
demned by the Correctional Tribunal of two francs
and the payment of costs. But on her appearance
on the stage in the evening, she was received with
such a continued uproar that at length the curtain
had to be let down, and the actress came forward
with the director and apologised to the public, after
which the performance was allowed to proceed.
The Government of Electoral Hesse has given its
adhesion to the proposed treaty of commerce be
tween the Zollverein and Italy.

BOUB.SE, Dec. 27.—Two o'clock.—The market is
bad, heavy sales continuing to predominate. Eng-
lish Consols are telegraphed with a decline of 4 per
cent. French Threes, for the Account, are quoted
at 68f. 15c., a decline of Tic. Italian Fives have
receded 20c.—to 65f. 35c. Credit Mobilier con-
tinue particularly offered at 820 f., with a loss of 20c.
Spanish Mobilier have fallen sf. In Railway shares
Lyons have fallen 2f. 50c., and Lombard 3f. 75c.
Three o'clock.—The market has closed on the fol-
lowing slightly improved quotations :

... _
4-i. per Cents 97 25 Roman —
Do. end month — Ottoman Fives 43 --
3 per Cents. 6B 071 Mexican Loan 49
Do. end month 6B 29 _ Do. Bonds —

Credit Mobilier ... 837 50 Russian —
Do. end month ... 832 50 Austrian
Bank Shares 3715 Spanish Threes ...

Credit Foncier 1320 Home Debt —
Italian Loan 65 50 Deferred
Do. end m0nth...... 65 45

rAYS.
Cash.

Acct.
Orleans
Northern — ... 1130
Lyons and Mediterranean — ~. 848 75
Southern — ... 573 75
Western — ... 546 25
Eastern
Sardinian
Austrian — ... 435

Lombard — ... 431 25
North of Spain — ... 167 50
Saragossa — ... 212 50
Ditto to Barcelona — -- ... 85 --
Roman -

AMERICA.

---40. -

ARRIVAL OF THE NOVA SCOTIAN.
(Via Greencastle.)
NEW YORK, Dec. 16, Evening.

The Governor of Georgia, in his inaugural ad-
dress to the Legislature, declared that there is no
conflict between the Federal Constitution and the
Georgia State Constitution. He says the laws of
the former are supreme, and argues that ample
protection should be given to the negroes in order
to encourage them to work.
The Provisional Governor delivered to the State
Governor the seal to represent the President. The
Senate then declared the latter Governor of
Georgia.

COMMERCIAL.
NEW YORK, Dec. IG, Evening.

Money abundant ; gold, 146. Exchange on
London, 160 ; on Paris, 3.52 k. Stocks firm and
advancing. New York Centrals, 96i ; Illinois, 134.
5.20 Bonds, 1034. Cotton good inquiry : middling
Upland, 49 to 60. Flour dull. Wheat firmer.
Corn dull. Provisions heavy. Coffee steady.
Sugar heavy ; molasses dull. Petroleum very firm :
crude, 41i ; refined, 66.

ARRIVAL OF THE BREMEN.
SOUTHAMPTON, Dec. 28,

The North German Lloyd's steamship Bremen, from
New York on the 16th inst., has arrived here with 110
passengers for this port, Havre, and Bremen, $260,720 for
England, and $308,200 for France.
On the 17th inst. sho spoke the steamer America from
Southampton, off Sandy Hook.
Her news has been fully anticipated.