The Sun.
London, England, 1847-06-04 00:00:00

may afford of a healthier state of feeling, on the pro-
priety and rectitude of his conduct from the com-
mencement of his sentence. The separate system is
held in the greatest dread by those who care little
for imprisonment, so long as they are allowed to
associate with others, to boast of their former exploits,
to corrupt their companions, and to harden themselves
in their guilt and their depravity. The silence and
seclusion that attends the separate system gives time
for reflection ; the criminal, too, is removed from
the ridicule with which guilty associates are too
much in the habit of treating any symptoms
of amendment evinced by any of their companions,
and by which too often they succeed in banishing
the better feelings that are struggling into existence
and nipping them in the bud. On his removal from
this state the prisoner will not, however, be imme-
diately cast loose ; he will enter into the second stage
of punishment, in which he will be employed on
public works, either in this country or in some of
our colonies, where his services may be wanting.
Here, also, the strictest surveillance will be kept up
over his conduct. From thence his condition will be
gradually ameliorated, and his ultimate release will
depend, not on the time he may have been
confined alone, but on the quantity of his industrial
labour, assisted by good conduct. It is not the least
favourable part of the present plan that it introduces
no new machinery, that there is nothing theoretical
or experimental proposed—it is merely a judicious
arrangement of existing materials and existing disci-
pline brought into use in a regular mode of pro-
gression.

We certainly have no great confidence in the law
as laid down under the authority of the judges who
at present preside in the Court of Queen's Bench.
It is at all times invidious to draw distinctions; but
since the characters of public men are, to a certain
extent, public property, we would remark, that whilst
we should place little reliance upon the collective
wisdom of the Court in question upon any important
point that might be submitted to their decision, we
should be disposed to waive our impression in favour
of any isolated opinion of Mr. Justice PATTESON.
Still, to the Court of Queen's Bench, such as it is, all
matters affecting life and liberty are peculiarly re-
ferred. A decision was given yesterday, which, it
appears to us, demands some significant observations.
A person named KEINING, who had been com-
mitted to prison for forty days, on an order
of the Commissioner for the Sheriffs' Court, for hav-
ing failed to pay an instalment of 21., was brought up
under a writ of habeas corpus and claimed his dis-
charge, inter alia, upon the ground that he ought to
have been summoned and heard as to the reasons of
his default before he was taken into custody. Upon
this, the main point, the Judges were equally divided
in opinion, Lord DENMAN and Mr. Justice ERLE, on
the one side, resisting, Justices PATTESON and COLE-
RIDGE, on the other, approving of the application.
Hereupon the prisoner was remanded. Not
denying it to be according to precedent that,
where the judges of a superior court are balanced in
their sentiments with respect to any proceeding of
another court, the latter should be upheld in its deci-
sion, we think that, apart from the importance of the
subject, where personal liberty is involved, reason
demands that this practice should be discontinued.
Even when the appeal is made from the opinion of a
judge of equal rank to those of the appellant court,
we should still support this view; for, although
it might be urged that we should then have virtually
three out of five judges of equal dignity agreeing in
opinion, and therefore the prisoner should not be re-
leased, yet it is to be remembered that a question is
always presumed to be more elaborately argued in
a full court, that continued reflection may have fur-
nished new arguments, and that "in the council of
' the multitude there is wisdom ;" and it is. not to be
presumed but that if the judge, whose original
decision is excepted to, were present when it is
solemnly reviewed, he might be disposed to consider
it erroneous. But, be this as it may, when the
opinions of the superior judges are equally divided in
regard to the act of a judge of an inferior court, a
fortiori we would urge that the presumption of law,
in favorem libertatis, should prevail, and especially
where, as between the judge of a sheriff's court and
the judges of the Court of Queen's Bench, the differ-
ence in point of experience, learning, and ability
may be taken vastly to preponderate in favour of the
latter. We hope the observations we have thio-e,,
out will quickly engage the attention of the judicial
authorities and of the Legislature, and the more so
since the principle of law is, that where a doubt exists
the prisoner is entitled to the benefit; and certainly,
in the case we are treating of, and for the reasons we
have advanced, he should not be deprived of it. W e are
glad to perceive that steps have been already taken in
the Common Pleas for impeaching the soundness of the
respective opinions of Lord DENMAN and Mr. Jus-
tice ERLE in Mr. KEINING'S case. We shall, there-
fore, upon a future occasion, proceed to show that
the prisoner was entitled, both by the spirit and
letter of Bth and 9th Vic., c. 127, to the summons,
as urged in his late unsuccessful application.

The Madrid papers of the 28th ult. contain no
news of any importance.
MADRID, BOLSA, MAY 28.—Three per Cents. 30
to 30f, Five per Cents. 20k, Passive 5i to 6. Ex-
change on London 49.

We have received the Paris papers of Wednesday.
In the Chamber of Deputies, M. GUIZOT stated
that he considered it his duty, in the present state of
affairs, to decline giving any explanations relating to
the intervention in the affairs of Portugal.
The Moniteur announces that the Government had
received accounts from the Bourbon station, dated
the 2d of January. The Belle Poule, having suf-
fered considerably in her masts and rigging during
the hurricane of the 15th of December, was then
undergoing repairs at Sainte Marie, Madagascar,
and would soon be able to put to sea. The corvette
Berceau had sailed from Bourbon the day before the
Belle Poule. The commander of the station hoped
that she had not experienced more injury than the
Belle Poule, but he nevertheless felt much uneasi-
ness as to her fate. The hurricane had been ex-
tremely violent, and the frigate Belle Poule, " hav-
ing no wind to fill her sails, was a long time lying
on her side unable to rise." The Archimede steamer
was to be dispatched in quest of the Berceau.

The Marshal DE GROUCHY died on the 29th ult.
at St. Etienne, in the 82d year of his age. His body
has been brought into Paris. He has left three
children, Major-General Count ALPHONSE DB
GROUCHY, Colonel DE GROUCHY, of the Hussari,
and the Marchioness D'ORMESSON.

The Courrier Francais states that the fortifications
of Paris are so badly built, that they are already fall-
ing down. Questions are to be addressed to the
Minister on this subject in the Chamber.

Letters from Toulon of the 30th ult. announce that
the squadron commanded by the Prince DE JOINVILLE
had sailed from the Island of Hyeres in the direction
of the coast of Africa. According to the Sentinelle de
Toulon, it was to proceed to Algiers.

Orders have been received at Rochefort to put on
the stocks two second-class frigates, the Circe and
Flore, and to carry them up to 6-24ths in 1847. The
first-named has been placed on the stocks lately oc-
cupied by the Inflexible, and the other will be placed
on those occupied by the Renommee, which is to be
launched towards the end of July. Orders have been
given for the launch of the Heliopolis, a third-class
vessel. The steam-frigate the Mogador, of 650-
horse power, is being pushed forward with activity,
and will be launched at the end of the year.
The accounts of the growing crops published in the
French papers continue
,to be most satisfactory.
The Mayor of Lyons had given notice to the in-
habitants that, in consequence of the splendid appear-
ance of the crops and the fall in the price of grain,
the distribution of bread-tickets to the indigent
classes would cease on the sth instant.
The Three per Cents., as we have just stated, dosed on
Wednesday at 78f. 80e.; the Fire per Cents., 1161. 95c.:
the Orleans Railroad Shares, 1,2.57 f. 50e4 Rouen, 962 f.
50c. ; Havre, 6601.; Great N6rthern, 608 L ,75e.; Avignon,
745 E ; Viarzon, 5901. •, Bordeaux, 5101; Baale, I.BBf. 75c.;
Paris and Strasburg, 4281. 75e. '' • Tours and Nantes., 415 f. •
Paris and Lyons, 433 f. 75c.; Lyons and Avignon, 4461.
25c. ;Cette, 447 f. 50c.; Spanish Three per Cents., 35.
LYONS, MAY 31.—Paris and Rouen, 950 f. ; Avignon and
Marseilles, 738 f. 75c.; Northern, 606 f. 25c.; Paris and
Lyons, 433 f. 75c.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, JUNK 3.
Northern of France, 12—Paris and Lyons, s.—Rouen and
Havre, 2514.

The Chancellor of the Exchequer has received
hfge sovereigns from " Conscience," which Rill be paid
Atito 41A0 moils of the Exchequer.