The Sun.
London, England, 1848-02-01 00:00:00

OtceninAi

LONDoN. TUESDAY. FEBRUARY 1, 1848

The pamphlet of Don VICENTE DE PEREDA on
the affairs of Spain, to which we made allusion in
The Sun of yesterday, is a most remarkable produc-
tion, and proves how those politicians err who, in
speculating on the future destinies of Spain, leave
out of their calculation the effect of that Espanolismo,
which is the peculiar characteristic of Spaniards.
The author, be it remembered, is a Progresista, and,
after going at considerable length into the history
and present state of parties in Spain, he comes
to the conclusion " that a Spanish Prince
alone can assure the independence of the country,
and that he alone, by uniting all Spaniards, can
form a truly national party:' To form a na-
tional party, he argues that it is necessary
to calm down all those animosities which have hitherto
divided the sons of a common country, and to have a
leader in whom all can trust, but whose success
will not afford a triumph to any one of the existing
parties over any other. That this leader should be
a Spanish Prince is obvious, as a Spanish Prince—
and a Spanish Prince alone—can save Spain from
becoming a province ; and he at last comes to the
conclusion that the Count DB MONTEMOLIN is the
only Prince who unites in his own person all the
requisites for the head of the Spanish nation. He is
a Prince of the Blood, of great talents, great courage,
and undoubted integrity—he is no bigot, no
absolutist, but would, so argues Don VICENTE DB
PEREDA, govern as a friend of justice and legal liberty,
in which case one of the first acts of his reign
would be to assemble the Cortes according to the
ancient laws of the kingdom (which would give a
much larger constituency than Spain at present
enjoys), and leave to them to form a constitution in
accordance with the wants and wishes of the age—a
constitution which should be a reality, and not a
miserable mockery, like the present one, under the
cover of which innumerable illegalities are daily per-
petrated. Such a course of condact would ensure for
him the support of the Progresistas, and of all but
the Afrancessado portion of the Moderados, while the
Carlists would hail him as their legitimate sovereign.
This, says Don VICENTE DE PEREDA, would
be a restoration, not a reaction. The revolu-
tion against ESPARTERO was a true reaction,
which has ended in the suppression of all con-
stitutional rights. The restoration of legitimacy
would be the re-establishment of order, founded on
the laws of the ancient constitutional monarchy, for
the purpose of ensuring by them the secure and pro-
gressive march of improvement, which is the only
practicable method of securing liberty. The author
then proceeds to argue that the state of Spain is,
in fact, analogous to the state of England at the
death of CROMWELL ; and that, as in the case of
England, so in that of Spain, a restoration
must sooner or later follow. These senti-
ments, coming from a Progresista, are most
remarkable, as showing the deep-rooted disgust and
antipathy of the Spaniards for French interference.
Before the Montpensier marriage, any one who had
hinted at a union between Progresistas and Carlists
would have been considered as only fit to become an
inmate of a lunatic asylum. Now, not only is such
an union probable, but it may be almost considered
as un fait accompli. In the Eco del Comercio,
there have appeared recently a series of articles, the
object of which is to show that on the death
of Queen ISABELLA the war for the Crown
will be between the Count of MONTEMOLIN
and the Spaniards on one side, and the Due de MONT-
PEMIER and the French on the other. It is, therefore,
extremely probable that the result of all the intrigues
of LOUIS PHILIPPE will be to secure a crown
for his prisoner instead of his son, and to

establish upon a firm basis the independence of
Spain, instead of converting her into a fron-
tier province of the French Monarchy. The
increasing ill-health of the Queen of SPAIN,
and the pains that are taken to increase her tendency
to disease, seem to render it probable that the day is
not far distant when Spain will again become the
theatre of a war of succession—a war in which the
parties will meet upon much more equal terms than
they ever did during the late Carlist contest, inasmuch
as the quadruple treaty is at an end, and the French
candidate for the throne can no longer count upon the
active assistance of England.

Public attention has recently been directed to the
system under which public prosecutions, or rather,
we should say, what ought to be public prosecutions,
are conducted in this country. 'We have recently
seen, at the Central Criminal Court, two persons
charged with the commission of the most serious
offence known to the law, placed upon their trial,
without any counsel previously instructed appearing
to conduct the case against them. Justice, however,
was satisfied ; the majesty of the law was vindicated.
A. learned gentleman who was accidently present in
court, and who, at the solicitation of the presiding
judge, examined the several witnesses, elicited the
material facts necessary to warrant a conviction, and
a verdict of guilty was obtained against the murderers, '
one of whom has since expiated his crime by an igno-
minious death. A great chance of escape was, however,
afforded to the offenders, and a general feeling was ex-
cited that such en occurrence should not again be per-
mitted to take place, but that every important case
should be conducted by public prosecutors, and that,
for the future the aggrieved party, who may suffer
either in purse or person, should not have his in.
juries increased by being compelled to expend a
considerable sum of money in protecting the interests
of society. Nor should the guilty man be permitted
to escape the punishment due to his crimes through
the negligence or poverty of his victim.
Another case has materially strengthened this feel-

ing. A trader in this city had been induced to part
with his property through the deep laid
machinations of a gang of swindlers. His loss
was a heavy one, but he did not remain
inactive or supine. The moment his suspicions
were awakened, and he became fully aware
of the nature of the conspiracy against him, he fol-
lowed up the case with a zeal and energy which few
persons could have exhibited. His exertions were
not thrown away. He traced out the various acts of
the swindlers, exposed their different schemes, and
got up an overwhelming case against them. Propo-
sals were then made which would have been readily
accepted by these who regarded their own pecuniary
interests more than the public benefit. The value of
the property obtained, together with all the expenses
incurred in his investigations, would be paid forth-

with, if he would connive at the escape of the persons
by whom he had been defrauded ; but in vain. The
upright and high-minded man spurned the sugges-
tion. He knew that a determined perseverance
of his charge was essential to the protection of
trade and of his brother tradesmen from similar
frauds. He followed up the prosecution with the
greatest vigour and efficiency, and succeeded in ob-
taining a conviction of the principal offenders, who
had previously plundered his fellow-citizens to an
enormous amount. And what was the result ?
What reward was bestowed upon him by a grateful
community ? His original loss was more than
trebled ! The costs of the prosecution amounted to
many hundred pounds, and, although his conduct was
universally applauded, he had to defray the whole of
these costs out of his own pocket, and furnished
another proof of the truth of the assertion that it is
much better to put up with the first loss
than seek to bring the criminals to justice. The
cases to which we have alluded of the possible
escape of the murderers of Mr. BILIMILIMBERS, and
the fraud on Mr. GRAY, must lead to the introduc-
tion of a better system, more analagous to the manner
in which prosecutions are conducted in Scotland, to
which we have already repeatedly directed the public

attention.
But, while we are thus anxious to see that no loop.
hole should be left through which criminals may
evade justice, there is another defect in the admini-
stration of the law that should not be lost sight of.
Many innocent persons have been unjustly charged,
and we regret to say, unjustly convicted,
from want of means to bring forward the necessary
witnesses for their defence, or to present that defence
properly to the court and jury. There may
be a strong prima facie case against a poor and igno-
rant man, which he may be wholly unable to rebut
by his own unassisted exertions, and he may also lee
unable to provide the funds necessary to obtain pro-
fessional assistance. The law presumes every man
to be innocent until his guilt is proved, but he is
subjected to a very unequal contest before he can
make that innocence apparent. It is the humane
principle of our criminal code " that it is better that
ninety-nine guilty men should escape than that one
innocent man should be unjustly convicted." And
yet is that principle practically acted en ? Generally
speaking—for the cases of defects in the prosecution
form the exception rather than the rule—the chances
are very much against the prisoner if he happens to be a
person in humble life, and unable to fee counsel to act
on his behalf. A practised and able barrister is usu-
ally retained against him, who, being instructed by a
private individual, and not by the Crown, seeks rather
to obtain a verdict than to further the ends of justice.
Allegations are made which might be refuted if he
were placed on equal terms with his opponents ; but
such is not the case. Poor HOOD somewhere depicted
such a trial as a few legal gentlemen throwing " the
lasso" ,ever the neck of the unhappy wretch, who
vainly endeavours to fly from the fatal cord ; and
there wi s unhappily too much truth in the illustra-
tion. It. is in the spirit of the repealed law, which
forbade 1-51 e assistance of counsel to a person accused
of felony. True it is that the exertions of Mr.
EWART and other legal reformers removed that
blot fro= our statute-book, that stain from our cri-
minal jurisprudence. But, although it is so removed
in theory , does it not still practically exist in the
great mai ority of cases that are brought before our
tribunals. :? How often do we read of prisoners being
undefend .e d, when charged with the most serious
offences, involving, if not the life, at least the
liberty of the accused party, and his perpetual banish-
ment fro r his home and friends to the horrors of a
penal c olony. If the humanity of the presiding
Judge s Eould even assign counsel to act for the tra-
verser, such counsel is wholly uninstructed, and
the etiquette of his profession prevents him from
holding a conference with the defendant, or
learning from his own lips the real facts of
the cam . He may possibly succeed, but the
chances are most undoubtedly fearfully against him.
He is, / mr obably, wholly unacquainted with the cir-
curnstai ices until he hears thew detailed in evidence,
and mu at trust to his ready wit, or to chance, to
discover on what points that evidence is defective, or
to elicit -facts on the cross-examination which may
weaken .or upset the testimony of an opposing wit-
ness. 2 Natters should not be suffered to remain in
such ast z tte. Every fair opportunity of proving his
innocence should be afforded the person on his trial ;
and whent ver his pecuniary resources did not enable
him to obt sin professional assistance for himself, a
counsel an, d attorney of competent skill and unim-
peached i i tegrity should be provided to manage his
defence. 'Q Ise should have not only public prosecutors,
but publi, :: defenders, who should act in every case
where the prisoner does not wish to select his own
profession s. advisers.

The Cc mmittee appointed by the Swiss Diet to
draw up a :reply to the note of the three Powers, have
agreed upo v a solemn protestation against any at-
tempt at fok !ign interference in the affairs of Swit-
zerland.
Monsign, LuGuET, Bishop of Herebon, the new
Papal Envo3 to the Diet, has arrived at Lucerne;
the former ,gate, who took such an active part in
support of t 3 Sonderbund, having been recalled. The
canton of Scil wyz has rejected the new constitution.

Letters frot n Rome ,of the 21st ult., state that
Cardinal. Rove SDI, Legate of Ravenna, will succeed
Carding p„.A ETTI as Secretary of State, and that
the latte to Ravenna as legate.

r will g'.

Mo drid papers
o,c the 25th ult. have arrived. The
only news they c •)ntt,
in is an announcement of the
r'4" -appearance of ( larlis t guerillas in Catalonia.
biLDIZID BOL3A, jAor. U.—The Three per Cents.

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