The Sun.
London, England, 1854-01-12 00:00:00

LONDON, THURSDAY, JANUARY 12, 1854

" The QUEEN can do no wrong." This is a
fundamental principle of the British Constitution—
one that nevor has been controverted, and which,
indeed, is essential to the maintenance of a limited
monarchy, where the Sovereign for the time being
rules in accordance with the recognised laws and
customs. Acts of oppression, of injustice, may
undoubtedly be committed in the name, and
under the authority, of the Chief Magistrate, but
in such a case it would be presumed that he or
she acted under the advice and influence of weak
or wicked Ministers, who would be criminally re-
sponsible for the untoward results of their unwise
and mischievous counsels. The violation of the
law would not be attended with impunity; but the
penalties would fall on the Ministers, not on the
Sovereign, who might have been compelled to
accept their services in opposition to her own
wishes. The President of a Republic, a person
of known abilities and vast experience, elected by a
maj orityof popular votes, maybe justified in meddling
with the management of foreign or domestic affairs,
with being, in fact, his own Prime Minister ; but
one whose throne depends on hereditary descent,
who cannot be displaced from that position, though
an idiot or a madman—no matter how incompe-
tent to the discharge of its duties—must neces-
sarily govern the nation by and through a respon-
sible Administration, in whom the real power for
the time being is vested. In a Republic, if the
measures of the Government are adverse to
the will of the people, the Chief Magis-
trate falls with his Ministers, and a new
President is selected in his place. In a limited
or constitutional monarchy, it is sufficient to bring
in a different party, because it is, supposed that
the change
of men will necessarily lead to a change
of measures, and that the obnoxious acts that led
to the removal of the former Cabinet from power
will no longer be persisted in. The unnecessary
interference of the monarch in State affairs is
highly objectionable and unconstitutional. It
would be iinpessibie to la tinfoil' the doctrine of
irresponsibility, where the party in whose favour
it was urged took a leading part in the discussion
and Cu) vari, n matt3n I" 'lght under
the of the Council. of S's.,l,be. lltd Louis
PHILIPPB abstained from such interference, it is
more than prob tble that the Orleans dyna3ty
would still govern France, or at least (new the

French throne. The old King, however, made
the position in which he was placed for the good
of the entire people subservient to his own per-
sonal predilections and interests, and we have
seen the result. He died in exile, and his family
I are excluded from the French territory. Indeed,
whenever the Sovereign permits his or her own
will to interfere with the functions of the Minis-
ters, he ceases to be a constitutional, and practi-
cally becomes a despotic, monarch, and must
accept the consequences that may follow such an
alternative.

But if such interference be objectionable and
unconstitutional on the part of the irresponsible
sovereign, it would be ten thousand times more
so in any person• behind the throne, no matter
what the rank or position of the intruder. In
such a case, the claim to irresponsibility could
not for a moment be recognised, and punish-
' ment, sharp and decisive, would follow any
untoward results that would accrue or be con-
sidered the consequences of such unconsti-
tutional interference. We were some time since
told that " England loves not coalitions." We
may add that England loves not an imperium in•
imperio ; that she repudiates all " back-stairs
influence," and that if there be anything which
she abhors, it is the predominance of " favour-
itism." The country would not now witness
patiently the proceedings of a DUchess of MARL-
BOROUGH or a Mrs. MASHAM. GOD forbid that
anything should ever arise' to call forth the prompt
and determined action that would follow the cer-
tainty that a beloved SOVEREIGN was made the
tool of any person or persons whatsoever, no
matter how exalted their rank and high their
position.
It would be but an absurd piece of delicacy to
avoid noticing the rumours that a high personage,
who but a few short years ago became 'connected
with this country, has abused the privileges be-
' longing to his position. We most earnestly hope
that means may speedily be taken to show that
Prince ALBERT has not so far forgotten himself,
or, if it ibe so, that a satisfactory assurance may
be given to the country that such conduct will no
longer be persisted in. Such an assurance is the
more required, from the publication of a corres-
pondence between a Mr. THOMAS MuLocx and
his Royal Highness. It appears that this person
thought proper to write to the PRINCE CONSORT,
'arguing that he was justified in interposing his
advice to the QUEEN in affairs of State, and being
invariably present when the QUEEN grants
an audience to her Ministers. This wag-
gish gentleman, who dates from Killiney,
near Dublin, addresses arguments in favour of the
interference, which, if well founded, would render
a Salic law indispensable. He argues that the
Prince became her MAJESTY'S "head by the sacred
right of marriage," and that " no presumed prin-
ciple of public polity could or ought to sever his
Royal Highness from his assigned rightful head-
ship over the QUEEN of these realms ;" and also
that it was "highly decorous and eligible that in
all interviews with her 'Ministers the QUEEN should
enjoy the protective presence' of his Royal High-
ness, and the manly, open interference of his
Royal Highness should be wisely considered as an
effectual safeguard against even the surmised
exercise of sinister influence !"

This was putting the matter in distinct and in-
telligible grounds, although we cannot think that
many Englishmen would agree with the arguments
of Mr. Dames MuLoox, supposing that gentle-
man was really in earnest in his very extraordinary
proceeding. The answer, however, which thanks
him fox " his kind communication," is, if authen-
tic, far more extraordinary. In place of denying
the charge, it is virtually acknowledged, and the
validity of the arguments recognised. We fancy
that it must be a hoax played off by some practical
jester; but, if well founded; it requires immediate
steps to demonstrate the feelings of the English
people in reference thereto. Under any circum-
stances, it would be desirable to remove the appre-
hensions that have been excited, and. to satisfy the
country that no undue influences should be suf-
fered to prevail—that there should be no inter-
ference by persons who were not sworn to secrecy,
and who could not legally be members of the Privy
Council.

An eloquent and masterly Address from the
Learned Recorder of Hull inaugurated this year
the Epiphany Quarter Sessions for that borough.
It will be found reported elsewhere in our impres-
sion of this evening ; and to its attentive perusal
we would here most earnestly commend the in-
tellects, and, yet more, the hearts of the popula-
tion. In charging the Grand Jury as he has
done in this very admirable oration, Mr. WARREN
has at once given additional evidence of his judi-
cial sagacity, and of his really fervent and
practical philanthropy. It will be perceived that the
Learned Recorder of Hull has therein enunciated
opinions in regard to reformatory discipline,
such as redound to the credit of his humanity
while attesting in a brilliant manner the keenness
of his intelligence. He has manifestly assumed
his position upon the judgment-seat with a pro-
found sense of its many elevating but solemn re-
spensibilities. He has watched the course of
events in regard to the modification and gradual
reorganisation of the Criminal Code, with a due
appreciation of their importance, and with an
obvious determination on his part to be prepared
for any emergency that may arise from the mag-
nitude and rapidity of the extraordinary changes
recently effected by the Legislature. After re-
minding his auditors that the fundamental
principle involved by the law in the distribution
of punishment is one whose aim is rather repres-
sive than retributory—Mr. WARREN avowed that
those enormous changes in our system of secondary
punishments, to which he had directed the atten-
tion of the Grand Jury during the course of last
session—changes amounting to a considerable
extent to the abolition of transportation—ap-
peared already to be exercising so vast an influ-
ence on the community, that, said he, " society is
being forced, in self-defence, as we all omi-
nously feel to contemplate and provide against
grave contingencies." To this end he urged
upon the attention of the Grand Jury
many wholesome and practical considerations.
He had previously illustrated the accuracy of his
definition of punishment, his definition of its ulte-
rior aim and object, by reference to the views ex li
-
pressed upon this subject by Holy Writ, and by
writers as authoritative as Locxu, HALE, and
TALLY. He had recalled to mind that awful
utterance of Divine inspiration, " Vengeance is
mine, saith the LORD, I will repay"—that sen-
tentious and axiomatic sentence of CICERO, that
the fear of punishment should be universal, and
its actual infliction exceptional—together with the
assertion of Sir MATHEW HALE, that punishments
were contrived "more for example, and to prevent
evils than to punish," and that yet more notable
remark of LOCKE, where it was observed : " In
the state of nature one man comes by no absolute
or arbitrary power to use a criminal, when he has
got him into his hands, according to the pas-
sionate heats or boundless extravagancy of his
own will ; but only to retribute to him, as far as
calm reason and conscience dictate, what is pro-
portionate to his transgressions." Having thus
cited authorities in testimony of the correct-
ness of his all-important proviso that pun-
ishments are, in their aim and character,
rather repressive than retributory, Mr. WARREN
proceeded to define with admirable lucidity,
and still more admirable feeling, the grow-
ing necessity for every member of every
denomination of Christians to be at his post
nowadays contending with the common enemies,
vice and ignorance, encouraging by their individual
efforts in the good cause the exertion by the State
of " its splendid energies" in the cause of popular
education. Thereby, tho Learned Recorder main-
tained that we should be aiding directly in the
desired repression of crime, and doing our
part, at illeast, towards the strengthening of
humane hue intentions of the law, in the
apportioning of these beneficent, because, when
properly exercised, eminently Humanising punish-
ments. This necessity, in our regard, Mr.
WARREN considers, not without reason, to be con-
siderably enhanced by the infusion of late of a
mere humane spirit into our system of criminal
legislation. In other words, supplementary en-