The Sun.
London, England, 1822-08-03 00:00:00

Vernmeni fOr the free passage of an Austrian
and Prussian army through France into Spain,
and that extensive contracts have been made
to supply them with hay and other requi-
sites ori their march. If -this be correct, and it
certainly agrees with the uncontradicted as-
sertions made by the Left in the Chamber of
Deputies. nothing could be more natural than
Ahat the Prussian Monarch should repair to Paris,
in order to be within reach of his army, whilst
the dangerous experiment of its passing through
the exasperated people of France *hould be car-
ried into effect. It probably was in conse-
quence of the increasing belief that movements
of that nature are on the eve of taking place,
that' General Foy, in the debate of last Tues-
day, used the following expressions, and -that
they were attended with such a demonstration
of deter'rnin2tion on the part of the-Left Side :
" You have been told of the Holy Alliance—the
lIGIY Alliance ! we only know it through the tri-
butes which it has imposed upon us,,,through the
injuries .which it has inflicted upon our country !
But should. its koldiers once again appear on
the national territory—should a third military
occupation threaten us, all Frenchmen, soh.
diers. or not "soldiers—(the whole of thq
Left Side rising at once ;-,-" Yes all! all !"
—all France would rise and march united
to exterminate thera!"—(Loud and reiterated
applause on the left.) It is remarkable
that the speech, of which the above formed
the peroration, though pronounced by Gen. Foy,
was in several passages applauded by the-Centre,
and heard throughout with great attention by
the Right, who did not oppose the motion that it
be printed.

[Tim TIMES.]
We noticed in our paper of Thursday a recent
instance of barbarity, which has recently taken
place at Hull. • A soldier of the 2d, or Queen's
Regiment, was sentenced i❑ June last, by a
regimental court-martial, to receive 300 lashes.
The sentence was executed on the 22d of that
month,: on the 24th, as it appears in evidence
before the Coroner, mortificatiMs ensued ; and on
the day following it increased. Mn the 27th,
the regiment was marched from Hull to York,
where it arrived on the 29th. John Fantail,
the unfortunate receiver-of the lashing, was, in
the above condition, jolted on a baggage-wag-
gon that whole distance of a two days' march.
Being set down in York, he was forced 'to
walk to the hospital, where the wretched man
expired ! the Coroner's' Inquest -finding that " he
" had received three hundred lashes, and died of
" the saute, and of the fever, mortification, and
" debility therefrom arising." One of the wit-
nesses on the Inquest is stated to have observed,
that " the bones of the deceased were- as bare
" of skin and flesh, as if a knife had scraped them"
--thus' the man was flayed alive! and for what of-
fence? and by what legal authority'? In a case of
this sort, assuming as true all that was given in evi-
dence on the Coroner's Inquest, it is most important
to the parties and ,the public, that strict inquiry
should be made whether the culprit, in his trial
and punishment, was fairly dealt by.. Avoiding
to irritate the national-feeling on this event, we,
shall .prit interrogatively what appears to us to be
liable to any-difference of opinion. Ist, then,
on the understanding that the deceased soldier
had committed a military crime, which fairly
subjected him to trial by Court-martial, we
should like to be informed whether he did
not undergo an excessive, punishment, and in
that case whether,' though it had not killed him,
there would' be no room for demanding redress ?
The man dies of the punishment inflicted—yet
he .was not guilty of a capital offence ; for in that
case he cpuld not have been tried by a regi-
mental court-martial. In the eye of the law of
England and of reason, if death is inflicted for a
crime not capital,. it amounts to murder. The
bearing of the common law of England upon this
point is stated 'by Lord Hale. "If a person
sentenced to be whipped, is whipped with that
rigour that he dieth of it, this is murder !"-11. P.
C. 43, and 3d Inst. 6, 54. " Also if a man be
deliberately beaten beyond the apparent in-
" tent (or legal object) of punishment, so that
" he dieth, it is murder by express malice, al-
" though there be not a design to kill him." See
H.P.C. 49, 50; and Kel. 64,127,135. 2d. On the
supposition of the offence charged being one against
military discipline, and in all its circumstances
fitly brought under the cognizance of a mili-
tary court, is ,"that court more justifiable in
the eye of the law of England for whipping
the culprit to death, than, according to. Lord
Hale's doctrine, a civil magistrate would have
been, hid he so overstepped the limit of lawful
punishment ? I f there be no special statute for pro-
tecting the member of a court-martial, when they
whip " a man so that he dieth;" then the verdict
of the Inquest is as warrant to take up and com-
mit for trial-the officers, the surgeon who attend-
ed at the punishnient, the drummers who inflicted
it, and all the parties concerned in the shocking
-transaction, as in every other case of murder.

The HOLM PATROL, to whose activity the
Public are so much indebted for the prevention
of robberies and atrocities upon the public roads
within 14 miles of thcOMetropolis,. were yester-
day morning brought to London, to beinspected
by' the Secretary of State. They mustered in
Privy Gardens, back of the Royal Chapel, White-
hall, at an ear!y hour, and waited till twelve
O'clock,, the hour appointed ; but Mr. PEEL, in
consequence of some urgent business, did not at-
tend. About half-past twelve; Sir. R. BIRNIE, Mr.
lionnotisi, and' Mr. DAY, arrived, and were
received by the superior officers. -The men were
drawn up in front and rear ranks, and were
mi-
nutely inspected, both men and horses. After
which they were put through various movements ;
and they (being all discharged dragoons, from
different cavalry regiments) acquitted themselves
in a manner which would not have degraded re-
gular troops. Their clean appearance and the
good condition of their horses excited admi-
ration.

Tuesday evening a respectable elderly person,
who had lately opened a shop in Bedford-row, Dublin, put a
period to his existence by cutting his throat with a razor. He
expired almost instantanpously. The cause assigned for this
shocking act is temporary insanity.