The Sun.
London, England, 1847-02-10 00:00:00

11; Una' Ant

LONDON, WEDNESDAY, FEBRUARY 10, 1847.

Legislation is so entirely based upon-contingencies,
that there is a beneficent principle in the British
Constitution to the effect that one Parliament cannot
definitively bind another. As in medicine the dis-
covery of a panacea for all diseases indiscriminately
is hopeless, and as the researches after that discovery
are as chimerical as the dreamings of the alchymist,
so in the government of a people the fabrication of a
code applicable at all times and under all circum-
stances, is an impossibility. The main sagacity of a
Legislature is exhibited in the timely modification of
existing enactments, or in their total abrogation,
whenever they are found to be either antiquated and
injurious. In these are comprised the principal duties

devolving upon the Imperial Parliament. Should the
operation of any ancient laws act prejudicially upon
the interests of the community, without affording it

any adequate compensation, it becomes incumbent
upon the representatives of the people to abolish those
laws, or to adapt them to the alterations which have

been effected in society since their original construc-
tion. Should there be any suspicion, again, that the

enactments made by our ancestors are not calculated
to benefit the nation, it becomes equally incumbent

upon our representatives to examine into the matter
thoroughly, and to shape their course according to
the conclusions arrived at during their inquiries.
What we have here observed is directly applicable

to the navigation•laws. A suspicion does exist that
the operation of those laws is to the material dis-
advantage of the population of the United Kingdoms.
And, in obedience to the principle of justice which

we have already expressed, it is the bounden duty 01

Parliament to countenance a rigid, investigation at
the subject. Supposing the result of that investiga-
tion be the demonstration of the accuracy of the
suspicion, then, in Heaven's name, let the navigation-
laws be modified, or even expunged from our maritime
code. Civilisation has made such extraordinary pro-
gress that the perpetual preservation of any substan-
tial stumbling-block is altogether hopeless,. If, there-
fore, the laws affecting navigation are, in point of
fact, injurious to the people at large and beneficial
only to a single class, any attempt on the part
of that class to prevent the abrogation of those
laws, and
.even to quash a motion for an in-
quiry into their operation, is both futile and
criminal. It is not our intention at this moment to
enter into any discussion as to the merits or demerits
of the navigation-laws : our purpose just now is
simply to insist upon the necessity which exists for
the permission of some such an inquiry as the one
demanded from Parliament by the Hon. Gentleman,
the Member for Stoke-upon-Trent. The endeavour
made by Lord G. BENTINCL and his brethren of
the ragged-bannner of Protection, to reject the

motion of Mr. RICARDO, was as mistaken as it

was impotent. Allow, for the sake of argument, that
the abrogation of the navigation-laws would seriously
affect the interests ofour shipowners, ofour shipbuilders,

and even of our naval service itself. What then ? Mr.
RICARDO tells us, as plainly as language can express
his meaning, " I do not move fir a repeal of those laws,
1 only ask for an inquiry." Supposing, therefore, that
it was clearly demonstrable (as the Protectionists
maintain it to be) that the restrictions still
made against the importation of foreign merchan-
dize in foreign vessels were directly to the emolu-
ment and safety cf the empire, the inquiry would
only strengthen their cause and remove a large
amount of odium from the existing system. Nay,
even presuming that the navigation-laws were shown
to be advantageous to the naval service of Great Bri-
tain, and at the same time were proved to militate
against the interests of the nation, we are satisfied
that there would be no anxiety to sacrifice our wooden
walls for the sake of a few copper pieces upon
sugar or barley. The empire has to look as much to
its defence as to its nourishment. in the event,
again, of the facts adduced before the Committee of
Inquiry demonstrating that a mere class (say the
shipowners) were the only gainers by the exclusion
of
majority of
foreign vessels from our harbours, whilst the vast
the population (the consumers) were the
losers hi the restrict;on—e then, say we, blow the na-
vigation-laws to the wind. We'll none of them.
This is, most certainly,
from a one-sided system
of protection. The effulgent
not the hour to expound the
hdawning of free trade
evil consequences resulting
is not the most favourable light for
artificialfor the revival of the
th nature of
old goblins of monopoly. li
those goblins is now so palpable, at. what was in-
tended to inspire us with awe and affright
only fills us with sentiments of contempta
right
and indignation. It is but reasonable to
conceive that a code of laws dating their

rise as far back as 1651 should require some re-
examination to adapt them to modern circumstances,
and especially to the extraordinary circumstances
attendant upon the establishment of free trade. The
transformation of the Navigation Act of 1651 into
the Act of CHARLES 11., the subsequent re-
laxation of the law in 1815 with reference to
Portugal and the 'United States, the amendments in-
troduced by Mr. WALLACE in 1822, and the memo-
rable Reciprocity Acts of Mr. lIUSKISSON in 1824,
may have modified the bad effects of the original
enactment to a eonsiderable extent, but it is prepos-
terous to imagine that the navigation-laws have been
therefore perfected. The principle of free trade
must be rendered universally applicable in all depart-
ments of our native commerce, while, at the same
time, the naval force of Great Britain must be in no
particular weakened.

An interesting discussion turned last evening in
the House of Commons upon a return, moved for by
Mr. HUMS, of the corporal punishment inflicted on
board her MAJESTY'S ships for the last three years,
the nature of the offences, and the names of the com-
manders, &c., to be fully specified. The Secretary
of the Admiralty agreed to the principle of the
motion, on the ground that a similar return had been
granted during the last session with respect to the
army, and that publicity operated as a wholesome check
upon the indiscreet use of the power of flogging
vested in naval officers ; but he objected to making a
return of a retrospective character, conceiving that it
would not be fair towards officers who had never been
warned that such a return would be required by the
House of Commons. This was eertainly not a very
judicious reason for supporting his objection, and was
felt to be of an invidious tendency by both naval and
other members. Assuming it to be true that corporal
punishment is essential to .the maintenance of disci-
pline in the navy, that would be a very unwise pro-
ceeding which should be calculated to influence
officers either in punishing or pardoning offences
from a dread of the returns that might be annually
submitted to the Legislature. It should be distinctly
understood that they are amenable alone for their
conduct to the Board of Admiralty, upon whom
should rest the sole responsibility of administering,
with efficiency and benevolence combined, the naval
affairs of this country. This responsibility is consti-
tutionally limited to the Crown, an implicit and
sworn obedience to which is incumbent upon the
Lords of the Admiralty. Indirectly, however, the
latter, like other branches of the Executive, are ren-
dered responsible to the House of Commons, which
can alone scrupulously test their official capacity, or
best capacitate them for enacting improved regula-
tions, when necessary, by calling for and obtaining the
fullest returns, in every particular, relating to any
point of the service which may be considered open
to amendment. This view was yesterday strongly
advocated by many influential Members in Parlia-
ment. Mr. Fox ;MULE, Secretary-at-War, boldly
declared the punishment ought to be submitted to
the test of public opinion, in which Sir R. PEEL
entirely concurred, and at the same time in the propriety
and expediency of making the returns retrospec-
tive. He likewise observed that when an officer
was proved to be disposed to carry punishment to
excess, the Admiralty should mark its disapprobation
by withholding its confidence from him in future.
The Premier, with the concurrence of the First Lord
of the Admiralty, spoke in the same vein, indicating
the wrongful deductions frequently engendered in the
public mind where mystery was resorted to, and
avowed that he " was not a friend to concealment."
His Lordship, however, expressed himself disinclined
to give " the names of all commanders in whose ships
corporal punishment had not been inflicted "—which
was a portion of Mr. Home's motion—conceiving
that the effect of a return in that shape might be to
confer praise upon some officers at the expense of
others, who had been obliged, under trying circum-
stances—springing, perhaps, from an ill-disciplined
crew, over which it was their misfortune to have been
appointed —to resort to punishment, and without
which, it might be alleged by competent judges, the
preservation of orderly conduct would have bees
seriously compromised. For ourselves, we care little
as to the past, whether the names of officers be pub-
lished or not. In fact, if the names of the ships be
given it is easily ascertainable who commanded them.
The public have no vindictive feelings to gratify ; their
sole care is as to the future. We hold, therefore, that
hereafter the names of the officers should not be with-
held. If they do their duty, not suffering their mode
of discipline to override the feelings of humanity,
nor the latter to trench upon the due maintenance of
the former, the closest inquiry into their conduct
need give them no apprehension. On the other hand,
wherever the despotic power lodged in their hands
shall have been allowed to degenerate into cruelty, it
is right the public should know who they are that
have brought discredit upon the service.

Madrid papers of the 2d have arrived.
The Duke of SOTOMAYOR had on the day pre-
ceding presented to the Ckambers the programme
of his Cabinet, which, inasmuch as it made
no mention whatever of the two most important
subjects at present occupying the public attention
of Spain—viz., the amnesty and the liberty of the
'press was considered as very unsatisfactory. The
Clamor Publico, and the other Progressista jour-
nals, have, in consequence, declared war against the new
Ministers, whom they attack in the most bitter language.
The Marquis of MIRAFLORES, in the course of the
sitting, addressed the Chamber for the purpose of recti-
fying some mis-statements of the French Minister rela-
tive to the royal marriages. The Marquis asserts
that no official overtures have taken place on this
subject, but that a conference, simply of a friendly
nature, had been held between himself and the French
Ambassador. The Noble Marquis, at the same time,
rectified another misrepresyntation concerning himself,
set forth in one of the letters of Lord PALMERSTON.

General PAVIA has, it is said, accepted the portfolio o;
the War Department.

Intelligence from Portugal had arrived at Madrid, an-
nouncing that the Miguelites and Septembristas had
coalesced, and that Don Nliouxr, Was to be proclaimed
King, to govern according to the constitution. This has
excessively alarmed the Spanish Ministry, and thelleraldo
urges upon the Government the necessity of interfering
on behalf of Donna however displeasing such
intervention may be to England.
The funds remained stationary.

We have received the Paris papers of Monday, and,
as might have been expected, the new Prussian Consti-
tution is commented on in all of them, and, strange to
say, with one exception, they all express themselves
diasatisfied with the conduct of the King of Paussu.
The National declares that the Prussian constitution is
merely a money-raising machine, nothing more. Eves
the Debate sneers at it, and says--
"This new reform bears more of an administrative than of
a political character. The States, or Provincial Diets, will
henceforth be called upon to concur in the votes for taxes
and loans. They will take their part in what, in constitu-
tional countries, is called the power of the purse. Such as it
is, this plan of reform cannot be considered as fulfilling
all the hopes which Prussia has been led to entertain for
thirty years; it cannot be taken for more than a pledge of
the performances of the promises of royalty, and on thispoint
it deserves to be encouraged."
The Constitutionnel says—

" The new law scarcely. merits the name of a representa-
tive constitution. The right to fix the budget is withheld
from the States and reserved to the Crown. The period of
meeting, the place and the time that the session is to last, are
reserved to the Royal power. The immediate object which
the Royal letter appears to have had in view is to assure to
the new loans which Prussia, it is said, is on the point of con-
tracting, the guarantee of a kind of national representation,
and thus to be enabled to obtain the money on better terms.
However that may be, it is at all events a step in advance.
The defects in the new organic law will show themselves
plainly as soon as it shall be carried into practice; and once
that public discussion shall have formed a portion of the
public habits, the omissions of the legislation must be supplied,
and the attributions of the assembly and the rights of the
constituents extended."
- - - -

The Union Monarchique, however, which forms the
exception to which we have before alluded, is more
just to the King of PRUSSIA, and shows by its observa-
tions that it thoroughly understands the German cha-
racter. It says—
" The Prussian Government has departed from the road of
administrative reforms to enter upon the path of political re-
forms. Discussion is introduced as a necessary element,
since it is made an indispensable condition for loans and
taxes. This is a step which may lead to favourable conse-
quences if the conduct of the Government be wise and able.
Henceforth, it must take into account the tendencies of the
deliberative bodies. In Germany, it is true, all things move
slowly, and the action of the Government, from its very na-
ture, has a force which may maintain it for a long time in
the position it has now assumed; but this first step is taken,
and there is nothing yet to announce that the experiment is
likely to produce any embarrassment to the Government.
The Presse, of course, takes up the cry of spoliation
ab‘gysaitighnnesitaivEesantgnioloantnandlin,,ogwn.h:ihcehTowhcceaascsironotsstoeid:
uotaujobrnontuaetki:anhgow weekeve possessionrSihn ace
of Labuan. The article is " full of sound and fury," but