The Sun.
London, England, 1834-07-04 00:00:00

MR. HOVENDEN'S OPINION.

My immediate answer to this case being pressed for, I
must reserve to myself the right of correcting or strength-
ening it, if, upon fuller investigation and reflection, I should
see cause to do so.

If Moreno, in his report of the sth of December, 1831,
to the then existing Spanish Government, notified the cap-
ture of Spaniards only, and if the warrant which he re-
ceived was for the execution of Spaniards only, then I am
of opinion that, by causing Mr. Boyd to be shot, whom he
knew to be a British subject, Moreno was guilty of murder.
The act was done on his own responsibility, not in obedience
to the orders of his Government.

Assuming the facts to be as stated, I incline to think that
Moreno may properly be tried in this country, under a spe-
cial commission, but, as a serious question of international
law is implicated, I am of opinion that the first step should
be to address a petition to the King, praying his Majesty
to refer the matter to the Judicial Committee of his Privy
Council, according to the provisions of the statute of the
last session of Parliament, cap. _4l,sec. 4. No other tribunal
seems so fitted to consider the preliminary question, as to
the propriety of issuing a commission for the trial of the
alleged murderer, under the peculiar circumstances of
this case.

That his Majesty would graciously grant the prayer of
such a petition I cannot doubt. The recommendation of
the Judicial Committee it would be presumption in me to
forestall, but I think, on the authority of Grotius, book 2,
c. 21, sec. 2 and 3, and of Vatttl, book 2, c. 6, sec. 75,
76, and 77, it may be inferred, that if Moreno were in
Spain, the British Government might call upon that coun-
try to try him, and that if he is here, he may be tried.—
(See also Kaimes's Law Tracts, p. 248, and Foster's
Crown Law, p. 188.)

J. E. HOVENDEN,
5, New-square, Lincoln's Inn, June 30.

MR. GORDON'S OPINION.

Whether Moreno was guilty of murder is a question for
a jury ; but I apprehend that to execute a man with the
knowledge that the warrant is null, is one and the same
thing as to execute him without a warrant, and I think
that to do so in spite of notice and remonstrance from an
official authority, raises so strong a presumption of that
malice which is the essence of murder, as no jury could resist.
It appears to me that Moreno is triable by a commission
of oyer and terminer, under 33 Henry VIII., C. 23.
Though not a subject of Great Britain, yet having put to
death an Englishman, under the protection of the repre-
sentative of the British Government, and clothed with the
defence of British law, he thereby placed himself within
the jurisdiction of that law, and divested himself of that
exemption therefrom which pertained to him as an alien. I
think the case comes within the 33d Henry VIII., c. 23,
which provides for the trial of murder committed out of the
King's dominions.
Temple, June 30. HUNTER GORDON.

EXTRACT OF A LETTER DATED GENOA,
JUNE 20.—" Ere this reaches you the arrival of Don Miguel
in Genoa will have been known in England. Public curiosity
was, of course, much excited, and crowds repaired to the
harbour to catch a glimpse of him. You will see in what way
it was gratified by the arch-hypocrite. When he first appeared
on the deck, previously to going on shore, we looked, in vain,
for the long and Patriarchial beard which we had been told
distinguished him during his campaigns ! Two petite mous-
taches alone remained of the exuberant and frightful fringe
that had rendered his countenance more than —. Mous-
taches alone remained of the profuse crop of raven hair
that had rendered his countenance additionally repulsive.
Immediately on landing, he bent his way to " the nearest
church," that of the Notre Dame des Vignes. Arrived
there he threw himself on his knees, covered his face
with his pocket-handkerchief, and in that fashion, with-
out altering for a moment his position, he remained dur-
ing the celebration of Mass. After that ceremony he re-
paired to the Hotel de Londres—an um by no means of
the first class—and will there, no doubt, continue to enact the
retiring, modest, unobtrusive, suffering son of the Church.
Miguel is a consummate • He calculates on attach..
ing to him by this conduct all the devotees whom the
violence of his brother's measures against the priesthood,
and his confiscation of the goods of the Church, will have
gone far towards detaching from the cause of Donna Maria."