The Sun.
London, England, 1831-11-18 00:00:00

let us suppose lint sinking exhausted under the
repeated infliction, and carried away to linger in the
dreadful anguish that close; brit in the grave. By
imagining such a scene of punishment, and such a
result, we only figure to ourselves what has often in
reality happened 'Under the existing system of mili•
tary torture. Nay, sometimes it has occurred that
the humane suggestions of the surgeon to remit the
further infliction of the torture, from fear of the
consequences to the life cf the victim, have been
treated with neglect, and the military inquisition
not abated a stripe of the allotted number, although
the visible symptoms of dissolution had already
begun to manifest to the common observer the accu-
racy of the surgeon's prediction. The Courier re-
lated, the other day, a most revolting instance of
excessive punishment, and its fatal consequences. In
that case the soldier did not receive, indeed, the
whole of the punishment ; but he received more
than the surgeon considered his constitution able to
hear. How does it happen that the French army
can be brought to the highest state of discipline
without being subjected to such degrading and ie.-
human punishment ? The most completely or-
ganized and- powerful army which, perhaps, the
world ever saw—that which Napoleon marched into
Russia, and which the resistless powers of the ele-
ments only vanquished—knew nothing of military
torture, by the lash or in any other shape. If the
British soldier be less amenable to moral discipline,
and lees susceptible of feelings of honour and of
shame than the French, it can only he attributed to
the man-degrading effect of the barbarous cat-o'-
nine•tails upon the mind and character of the former.
We agree with the Courier that" no argument what-
ever can be adduced in support of the system, and
we are quite sure that the honourable men who are
intrus,ed with command will be the first to rejoice
et the destruction of a power which they never de-
sired to exercise." There are petty tyrants, we
admit, both in the army and navy, to whom the
abolition of torture would be a real affliction. These
sanguinary disciplinarians would regard a milder and
snore moral system as an alarming violation of their
ancient prerogative to inflict upon the backs of brave
men—
" The stripes that Mercy with a bleeding heart
Weeps when she sees inflicted on a beast."
But we ttitik the public will agree with us that tor-
ture should not be preserved, lest those regimental
tyrants should lose the pastime which is much more
agreeable to their taste than the heroic achievements
of the field. Now that it is understood his Majesty
has expressed his disgust of this mode of punish-
ment, we hope it will be put an end to for ever.
But this might have been done last year, if Go-
vernment were not opposed to it, by a Member
movieg a clause to that effect in the Mutiny Bill,
when the Chatimlior of the Exchequer submitted
tha, Bill, as usual, to the House. Where was Sir
Francii. Burdt.tt then, who used formerly to make
end; powerful appeals against the flogging system
when his present Whig friends were not in power?
The Mutiny Bill past last y ar sub silcntio, and the
flogging system is, consetprently, still sanctioned by
Act of Parliatneet.—Morning Herald.
We have only sufficient space left to refer to the
great Cumberland meeting which took place on
Tuesday last, as another proof of the " re-active"
spirit which now pervades the country. It was a
glorious meeting in every respect. It was attended
by almost all the gentry of that great county, and
by ten thousand of the iehebitants. The speeches
were to the point, and the resolutions such as did
honour both to their proposers, and to the meeting
which adopted them. Above all we commend the
able speech of Mr. James to the careful considera-
tion of those who are anxious to discover " indiffe-
rence" to the Reform Bill. It is a thwacker !-
-Aliening Advertiser's
We publish a full report of the important pro-
ceedings of the Council of the Birmingham Political
Union, on Tuesday last—the great parent society
from whose stern have risen up so many and such
increasing political associations. We regret that a
partial misreport of their former meeting last week
erroneously ended an intention of converting the
rtion into an armed association. ,tte.e such project
was contemplated, whatever propositions of that
character may have been made in the Council. This
great political combination for the determined accont-
pr.ehment of Reform, and the final overthrow of the
borouglimongers,is too discreet and legally informed
to travel outside the circle of constitutional law. The
Council, in the project of union and combination,
are well aware that no Government could allow
Ai/Tied acgociation not commissioned and empanelled
by the authority of the Crown. They distinctly
,confine their project to organization. Subdivision
of labour end sectional arrangements we the vital
spirit,of all societies and combinations, whether
public or private, in their objects and views. There
may be, ze might he, laws to prevent such political
smions from zernine their members—there are none
and can be none effective (yea, not even manufac-
tured by the boroughrnongers or the craft of a Sir
Rebert Half-way) which caa prevent Britons, as
private individuals, from purchasiege possessing, sad
independently enjoying the custody and wee of arms.
:sell our greet eharters of liberties,all our ancient usages
and customs, ill veer Englishmen with the right of arms,
Columnzof antiquarian !ere might het collected to prove
dela great constitutional axiom and peinciple, from
the most ancient law-writers to tine period .ok Black-
ttone. It was, among ether tyrannies, the pertieus
lay invasion of this nation al privilege which drove
the Stuarts from the throne of their ancestors. The
infainated James 11. struck upon: this fatal rock.
So highly-important was the right esteemed, that in
the celebrated declaration presented to William and
Mary on the 13th of February, 1688, by the Lords.
and Commons, assembled at Westminster, the sixth
paragraph distinctly recited, among the evi! councils
arid acts of the abdicated Monarch, that he endear
voured to subvert and extirpate the laws and liber-
ties of the realm, "By causing several good sub-
jects, being Protestants, to be disarmed, at the same
time when Papists were both armed and employed
roctrary to law." The Bill of Rights accordingly,
in its seventh article, guarantees to the nation among
its ancient liberties," as follows :—" That the
subje,is who are Protestants may hay,: arms fur their
defence, ,rnitab/c to their condition, and as allowed by
iax.." Edward 1., by Statute, armed the people
according to their possessions of bind. The Tower 1
Records are now loaded with musty rolls of the Ma
Jitia grants for custody .cf shires, cities, towns, and
ports; and the statutes of Edward 111. teem with
'
eimilcr previsions. An order is eetent in Rileys
Piacita Padianwntaria, to the Lord Lieztenant of
Northamptonshire, 26th Edward 1., that all w
lio
vossese 40 libratas terrce bes.r military arms. But
elle whole law and spirit of our " Constitution" is
foeteded on the natural principle, that " whoever has
proper e ought to be in a condition to defend it." 'the
ancient law xily took cognizance of the apse of arms.
Coke, 3 irtititulfss chapter 73, " against golog or
swee ;.!its briefly and distinctly.
was an offence at commo, fsw to go or ride armed
with dangerous arid U1111%1151 Vre4;),0718, but this doc-
trine did not remotely iitnit the right to, or use of,
arms in ail ranks according So their quality. The
law prohibited " force of arms," but to punish
,offenders every liege subject was " bound to be
aiding"—that is to say, the King's faithful and
armed subjects were charged With the prevention
and suppression of misuse. Various i,,i;._ties limited
the public display of armour and weapona, Ipott
pretence of protecting the person ; but the sante
laws expressly empowers an Englishman to assemble
hie neighbours to protect his house, and to arm to
suppress riots and insurrections. In later times, the.
Commissions of Array, and the paraphernalia of
standing armies, invested the Crown with the ex-
clusive prerogative of embodying and commissioning
armed bands of troops. Our ancestors, responsibly
for the plunders and injuries of riots and outteeak,
in their several territorial districts, shrewdly took
care to possess and exercise the means of putting
them down; and by the ancient law of the land,
every freeman was a special constable. Harrington