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

" 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 gnaranteeewhich 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 aware, 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; they established 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 duly
nominated, and no other candidate having been
proposed, the Sheriff declared his Lordship to
be unanimously elected. His Lordship then
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 alteraticos
in the Committee. It is declared that the lay/