The Sun.
London, England, 1823-05-24 00:00:00

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some probability; or should *partly support the views of the;dLs-
tinguished person in whose hands the question rest.at present,
we confidently anticipate that the self complacent pedantry
_
which used to enter the lists against the late Sir S. Regally will
be silent. It is singular the perseverance with which illiterate
inions and false principles are put forth upon this subject. i
One of the most common and reprehensible is the opinion, that
'severe laws operate beneficially,rn terrorem, without shocking
Immanit by being carried into execution. Nothing can be
more fallacious ant perniciout. It is in direct contradiction
to contemporary experience, the experience of history, and the
first rudiments of ethical science, as connected with this sub-
ject. The certainty of punishment is, the most efficacious re.
straint, and from constrained to habitual obedience of the laws
there is but a step. What can be more obvious, than that the
penal system must be bad which, by its' uncertainty, makes the
relation between ' crime and punishment a subject of despe-.
rate calculation to the offender in petto. There arc two anec-
dotes told by .ttlian curiously illustrative on the point.—
One of the States of Greece sent a citizen to Sparta for
the purpose of procuring a copy of the laws- of the Lace-.
tl.winonians, which were to be adopted at the best barrier
against the growth of crime.. He returned and met the assem-
bled' people to make his report. Instead of a code of laws, he
produced various instruments of torture and death to be used
against the several offences, respectively, from which the State
was suffering. The people revolted from the severity of the pu-
nishments, and would have discarded them ; but some of the
wiser sort sugkested keeping them 4is terrorem, and the imple-
ments were hung up in the hall of justice. Crime, it is true,
.was checked fora mon,ent—but soon one offender and another
escaped punishment—in a short time all fear vanished,
crimes multiplied, and at length the Draconian Code gave
way to milder but more certain punishments. The other case is
that Of Zaleucus, a law-giver. .I.le assigned the punishment of
the loss of both eyes to the crime of (it will shock modern no.
dons of morality) adultery. The first offender was the law-
giverit own son. • All the citizens entreated the remission of
the punishment, in consideration of the services and virtues
of the father ; but the law-giver was inflexible, and at last
pmposed, as a compromise of pity to him, and respect, for
the sacredness of the law, that the son shoUld be deprived of
one eye, and he (the father) of one eye, so that the full penal-
ty..of 4 the law was complied with. The effect of this cer-
itainty' of punishment was, that the laws of Zeleueus subsisted
for centuries, the safeguard of life, property and morality.
—Another' opinion commonly expressed is, that a salutary
discretion should be left td the Judges. Nothing is more.
mistaken, or more repugnant to the functions of a Judge,
who should be, as far as possible, the impassive organ of
the lavA But cases will arise. where the letter and rigour
of the laW should not be enforced. It is very likely, and for
this there is an admirable provision' of the Constitution—the
'prerogative of meta), in the Crown. As our Criminal Laws
stand at present," there is no escape ftorn a 'dilemma, either horn
of which is most pernicious. If the laws be administered with
Uncertainty, and multiplied' exceptions, a loose is given to
crime, by the calculations of impunity-,if duly enforced, the
'stiffeiing criminal becomes tuirobject of sympathy; and the mi-
iisters of the law, with the law itself, become odious.
. _
PROVINCLA.T., JOURNALS.

Froin the LiverpOot Courier of May 21. )
SPAIN.—The question. respecting our negocia
'lions with France on the Spanish invasion continues to be agi-
tated in Parliament, but for what practical' purpose is not very
obvious. Lord' Holland has had another opportunity of show-
ing or his profound Opinion of the terrific erect which the
count ry would have ?minced by the mere show of anger and
hostility. We do 'his Lordship the justice to admit, that the
:Spanish cause formerly found in him a warmer advocate and tv
more hopeful mind than in Lord Grey ; but even he was refri-
gerated by, the coldness of his opposition associates, and cer-
tainly never encouraged the confidence of success, when Great
Britain had a large army actually in the tield. We are glad to
find, that his opinion. of his country 'S valour and influence has
'so much advanced. He now thinks. that the French would
have turned their backs on the' Pyrenees e the very rattling of
her armour. If so, we grant it would. have been wise to rat-
'tle it ; .to have clanked the sword upon the shield, and
b
the helmit against the corselet ; but if the experiment hail
failed ? There's the rub. If the experiment had failed,
if the French had said, " All this is but .show and pre-
tence," then we must either hate been made ridiculous, or havo
Bono at once to war. To one or other we must have been coin-
mitted ; and, strongly as we feel fur Spain, we think that the
wiser course was taken by Ministers. It is an easy thing to go
to war; there is no need to be in a hurry as to that. An oppor.
topity for making peace, if once let slip, may hot easily be le.
covered ; but nobody can be at a loss how and when to quarrel;'
so that the whole is reduced to this, whether a step so serious
to the country ought to have been. one of passion or reason, one
of graVe deliberation or of hasty resolVe ; for as to the trick of'
frightening, which is so warmly advocated by the Opposition,
as a masterpiece Of Policy, it is surely a most ridiculous point
of debate, and, had true dignityy, been consulted, would never
have been gravely put forth. How we shall keep clear of the
contest, should it continue, and especially if the other Powers
of Europe join in it, in a common league to overwhelm Spain,
it may be difficult to say ; but, at all events, we are glad of the
• chances which time presents to enable us to avoid so serious a
calamityAs that of war, and of the opportunity for that calm
observation which will enable us, if we must be involved, to
ground our hostile interference upon facts and reasons, the force
of which will commend themselves to the patriotism- and jiitlg-
meat of the better part of the nation. As for the systematic
OppOsition another radtiicaleli‘fiaicntiiostfi, , y
wetheaxtptehcet, sNlvioauilgdothoavtesrtetpo
be taken ultimately by ry,
the side of the ,Bourbons and the Inquisition in pure apiti; so
that we do not reckon the advantages of their alliance among
the benefits of, delay.—The chance that we may avid war
is not, howevere.lost ; for, with respect to the state of things in
Spain, it is certainly far from hopeless that the Spaniards, single-
handed, may baffle their invaders. Nothing, certainly, as yet
has occurred to destroy their hope, nothing which might not
'reasonably-be expected.. In two things the French Govern-
ment have been dearly disappointed ; in the holding out
'of the fortresses, which they seem to have expected would
throw open their gates upon their presenting themselves,
and in the firmness of the Cortea. The latter have a5...1
semblechit Seville around the the person of their King, and
have formally declared war against- France,_ as an unpr the
n-
cipled aggressor, both by sea and land. We grant that
French have many advantages. The first is a disciplined and
numerous artily, With experienced officers: a second is, probably.
the real unfaithfulness of Ferdinand and the Royal Family to
the Constitution. They have a third and a most poWerful one,
in the hold which their cause must have upon the good wishes
of a Papist priesthood, and the hold which that priesthood has
upon a superstitious peole.. This is an advantage which Buo-
naparte had not, and will fully counterbalance the absence of
much of the energy of his measures and the zeal of ids armies.
But, on the other hand, the troops of the Faith do not appear
to have increased ; the Spanish army has hitherto remained
faithful ; the Spaniards are naturally roused against the intru-
sion of foreigners ; and the constion holds out the annihila-
tion of feudal abuses and oppreasionstuti , and a better state of p 9.
tidy as to the middle and lower classes. If the Country remain
generally faithful, the difficulties of the French will increase,
and, it' not, the French armies may be speedily withdrawn ;
and, in either case, the necessity of our interference is equally
removed. We ought not, certainly, to fight either to destroy a
constitution which the Spaniards generally love, nor to main-
tain one' to which they are generally averse. The true line of
policy lies before us ; it is to watch events, and to take no part
is the quarrel until it really concerns us.