The Sun.
London, England, 1823-06-03 00:00:00

[NLW TIMES.]

In another part of our paper will be found the
Proclamation of the Duke of Angouleme to the
Spaniards previously to his entering Madrid.—
The sentiments are almost verbally what we an-
ticipated in our article of the 2.3 d inst.; they are
sentiments of moderation—of justice—of honour.
Itere then is an answer, we will not say to the
scurrility of those low-bred wretches who
thought to disgrace Royalty itself by a miserable
nickname, but to the apprehensions of a moderate
distrust, which might not unreasonably have ex-
pected that his Royal Highness entering Madrid
as a Conqueror, would wish to secure to himself
some of the usual fruits of conquest. There is,
however, an essential difference between a " true
Prince" and such a vligabond pretender as Joseph
Buouaparte,
Who from a shelf the precious 4iadem stole,
" And put it in his pocket.
The Duke of Angouleme comes not as a Usurper,
but as a Liberator. He puts Spanish authority
into Spanish hands; and he does not even impose
on Spain a Spaniard of his own nomination ; but
refers to the highest lawful authorities the choice
of aifit and proper Regency. The personal cha.
motor of the Duke Del Infantado is a pledge,
both to Spain and to Foreign Powers, of the
moderation and wisdom of the new Govern-
rmmt. It will be ~particularly so felt in Eng-
land, where the Duke is personally known
and esteemed, not only by our first Statesmen,
hut even by Majesty itself. His mission to this
country in 1811 sufficiently marked his pa-
triotism ; his constant zeal in the service of
his King evinces.his unshaken loyalty ; his im-
mense wealth necessarily gives vast influence;
and his amiable, courteous, and obliging manners
deservedly render him popular. A better choice
could not have been made for the Presidentship
of the Regency. We may be quite secure that
whatever the Duke Del Infantado does, King
Ferdinand will sanction : and we also know that
the Duke entertains a warm regard for the
English nation, and a high respect for the poli-
tical principles of Lord Liverpool. Circum-
stances such as these are most auspicious for
malutaining that good understanding which
ought to subsist between this country and Spain,
and even for enabling u.s to exert a salutary in-
fluence over the future destinies of that country.
A s a sincere friend to his King and country, the
Duke Del Infantado n ill certainly listen to any
suggestions that our Cabinet can make for se.
curing the true dignity of the Spanish throne,
and the real liberty of the Spanish people.

[mouNiNG ItEl;Ar.l),]

It appears that the mitigation of our criminal
code has at length been taken up by a Minister
of State. The reforms, however, proposed by
Mr. Peel are interesting rather as acknowledg-
ing a principle, and opening the way, than as an
experiment from which to determine the value
of milder punishments. In point of fact he does
,but purge the statute-book of some sanguinary
enactments, no longer. enforced. But even this is
an advantage, if for no other reason, than that it
will prevent foreigners frommisrepresenting the
national character, which naturally enough must
appear sanguinary to, any one not knowing the
difference between the letter and the execution
of the law. Another advantage is that one of the
Bills distinctly admits a principle so long con-
tended for, and so long denied—the inefficacy,
or rather the pernicious encouragement, of mere
vain terror. The Judges, it appears, are to be
released from the revolting mockery of passing
sentence of death in so many Cases, where there
is no intention to execute,it: Here is a dis-
'fillet avowal that the mere capital condemna-
tion :was become a brutunt fiamen. There is
reason to congratnhtte even the Judges,
not only on their release from a most pain-
ful duty, without any good end, but from
the direct effects, the induration of heart,
which a too frequent familiarity with so solemnly
terrible a ceremony as passing sentence of death,
could hardly fail to produce. It is well known
that passing sentence of death, for the first time,
is a violent shock of nature to an English Judge
—and no less true, that the criminal and the be-
holders are affected in
proportion to the sensibility
of the organ of the law. What is said of the mere pas-
sing sentence,and tile enactment relating to itwhich
Mr. Peel proposes, apply equally to the execution.
Familiaritydeprives both alike oftheir terror. There
is also a Bill in progress for putting a stop to the
abominable usage respecting the burial of felones
de se—the more revolting that it was most par-
flan), applied, from tinie to time in the case of
some desolate stranger,
or other unprotected
being. But why stop short at this revolting
treatment of the senseless relics? Why not repeal
the legal spoliation of the living as well as the
dead ! This is the more imperative that Coro-
ners' Juries will henceforth find more scru-
pulously than they have done hitherto—
their imaginations being no longer haunted by'
the idea of a horrid profanation. But a breach
has been made, and there is little doubt that the
light of reason and humanity will quickly enter.
It would be well that those Gentlemen of the
House of Commons, who think they cannot
safely tread any path without the guidance
of the Ministerial side, should distinguish.—
On political questions, perhaps, this is well,
according to the existing
system of Parlia-
mentary tactics. But out of the circle of poli-
tics, the author of any measure should sway ac-
cording to the strength of his
,arguments and the
authority of his talents without distinction of
party. All h ve an equal interest in, and an
equal sense of the efficacy and sacredness of the
laws•best calculated to protect life and property,
There are even reasons why the Ministers of the
Crown should be in some measure suspected
on such questions. They may set their faces

against all innovation, because political affairs
might not have allowed them time for
present or previous study to judge the mea-
sure proposed. Lord Chesterfield has left it
upon record, that a leading Minister may
set his face against a most salutary innovation,
even from absolute incapacity—at least from his
being a man of narrow, stunted intellect. It was
long before that accomplished Nobleman could
bring the Duke of Newcastle, a man of fame and
power in his day, to agree to the alteration of
the calendar—although he placed before him the
certainty of demonstration. There would, of
course, be more difficulty respecting questions of
moral science, where the same certainty is not
attainable.

LAW INTELLIGENCE.
COURT OF KING'S BENCH, JUNE 2.

MURRAY V. LORD STAIR.

This was an action upon a Post Obit bond, given by the de-
fendant to the plaintiff's testator, for the payment of 2,0001. six
months after the death of the late Earl Stair, defendant's uncle.
At the late Westminster Sittings before the Lord Chief Justice,
the plaintiff had a verdict.
Mr. E. LAwits now moved for a rule to chew cause why the
judgment should not be arrested, on the ground that there was
no breach of the bond assigned on the face of the declaration,
and this being a bond within 8 and 9 William 111. c. 11. s. 8,
the plaintiflcould not recover unless a breach was suggested.
The COURT thought the objection tenable, and therefore,
for the present, granted a rule Nisi.