The Sun.
London, England, 1834-09-09 00:00:00

THE SUN, LONDON, TUESDAY, SEPTEMBER 9, 1834.

having read sentiments more politically just, and more
constitutionally important than are contained in the
follovving paragraphs 'from the petition on the evils" of
hereditary or official privileges :
" Equality in the eye of the law forms another basis of the
public rights of nations, without which the immutable princi-
ples of justice would be deteriorated, and the germs of discord-
would be introduced. _ .

" Privileges have been at all times the weapons of the strong
against the weak, and the means of frequently setting at defi-
ance the principles of the laws. Privileges are, in reality,
nothing but the exemption of certain persons from obeying the
mandate of the law.

Enlightened nations have already banished inequality in
the eye of the law in common cases, and have proscribed pri-
vileged tribunals, and with them the diversity of punishments
for the same actions and offences. . _

" The complication, the confusion, and the pernicious effects
of privileges, which are never useful, and always detrimental,
ought to disappear from a legislation having for its basis jus-
tice and public advantage. Crimes and punishments ought no
longer to be estimated otherwise than by a general rule—be-
cause if the injury that is occasioned to society is the faithful re-
gulator of punishment, no person, to whatever class he may be-
long, ought to be excluded from the operation of the law. An
assassination committed by a nobleman, or a rich individual, is
not a less criminal act than if it had been perpetrated by a ple-
beian or a poor man ; and the robbery committed by a learned
man, or a woman, inflicts the same injury upon society as that
of which an ignorant woman or a man might have been guilty ;
all ought to be equal in the eye of the law, because the nation
which arms the hand of justice to punish the offender, and pro-
tects the members of which that nation is composed, knows no
difference as to persons, and weighs solely the injury, the of-
fence, and the gravity of the crime-
" In the same form the law ought to reward and punish,
since, as all are equally obliged to bear the public burdens, in
like manner all ought to be equally protected. Civil rights,
as well as the penalties which have equality for their basis,
rest upon the indestructible foundation of justice ; she distri-
butes to each his own, and no person ought to be exempt from
its precepts, prohibitions, and protection.
" Our ancient fundamental laws established this right, and
the Fuero Juzgo offers us an irrefragable testimonial of this
truth ; but more particularly the Fuero Real, and the law 1,
title 2d, book 3d, of the Novisima Recopilacion ; it is therein
ordained that the effect of the law shall be common to all, as
well men as women, to whatsoever condition they may be-
long. At the sight of this very evident demonstration, the
principle is not to be denied that our ancient laws established
equality, and that its re-establishment is an important matter
which ought to occupy a principal place in our fundamental
rights."

The publication of such sentiments as these, must
in itself materially tend to the downfall of hereditary
despotism in Spain. The Grandees will no doubt be
in a state of dreadful alarm, at the prospect of a legal
equality with the serfs over whom they have for cen-
turies exercised unlimited power ; but the principle is
eternally just, and must finally triumph throughout the
earth. Its recognition by Spain will be the achieve-
ment of a glorious moral conquest over ages of the
most iron oppression- —the most degrading superstition
—and the rn':;.7t lamentable ignorance. We can fancy
the consternation with which the Courts of Vienna
and Petersburgh will receive intelligence of the New
Spanish Constitution, of which the following is a
summary of the principal articles :

" Art. 1. Individual liberty is protected and guaranteed,
consequently no Spaniard can be compelled to do what is not
ordained by law.
2. All Spaniards may publish their thoughts by means
of the press without a previous censorship, but subject to the
laws for the repression of abuses. _

3. No Spniard can be prosecuted, imprisoned, arrested,
or separated from his domicile, except in the cases provided
for by law, and in the form thereby prescribed.

" 4. The law has no retro-active effect ; and no Spaniard
shall be judged by commissions, but by tribunals legally esta-
blished before the perpetration of the offence.
"5. The house of every Spaniard is an asylum which
cannot be violated, except in the cases and with the forms
which the law ordains.

6. The law for all Spaniards is equal, protecting, reward-
ing, and punishing equally.
" 7. All Spaniards are equally admissible to civil and mili-
tary employments, without other distinction than those of ca-
pacity and merit, so that all ought equally to apply themselves
to the public service.
" 8. All Spaniards are under the same obligation, in pro-
portion to what they have, to pay the taxes freely voted by the
Cortes.

" 9. Property is inviolable, and the confiscation of goods is
prohibited. Nevertheless, property is subject, first, to penalties
legally imposed, and to condemnations legitimately executed ;
second, to the obligation of being given up to the State when
the public service requires it, on a previous indemnification Re.
cording to the judgment of honest men,
" 10. The magistrate or putlio functionary who .ttacks
individual liberty or the security of person or property, cora_
mits a crime for which he is answerable according to law.
" 11. The Secretaries of State are responsible for infrac-
tions of the fundamental laws, for the crimes of treason and
concussion, and for the violation of individual liberty, personal
security, and the right of property.
" 12. The Urban Militia is to be organised throughout th,,,
kingdom, in conformity with the orders and regulations which
are to be discussed and approved of by the Cortes."
These articles are in many respects similar to those of
the British Magna Charta, and Bill of Rights, ob-
tained by our ancestors from King JOHN and WIL-
LIAM 111. The outline of the new Constitutional
Charter is perfect as far as it goes, but the smallest
share of reflection must convince any person that it is
miserably defective, as far as regards the rights of
elective franchise, the constitution of the legislative
Chambers, and the legitimate means of restricting the
SOVEREIGN in the exercise of his Royal functions,
should he attempt to infringe on the liberties of
the people. These are fundamentals in the charter of
a country which it would be gross negligence to over-
look, and without which all else would be virtually
worth nothing.

The Finance Committee has not yet made its report,
consequently the question of the debt continues unde-
cided. The Deputies take very little interest in any-
thing save the reformation of the laws, and the ancient
institutions of the country. The abolition of the eccle-
siastical impost called the Voto Santiago, has added con-
siderably to the popularity of the Government, which
might have made itself still more popular, had the arrears,
yet to be collected up to the time of the abolition, been
also forgiven. A petition for abolishing the present
Reglamento, or standing orders of the Chambers, has
been presented, and is causing considerable uneasiness
t D the, Ministry, who are only able to hold the popular
party in check, by taking advantage of certain ob-
noxious forms and privileges which were framed to im-
pede the progress of legislation. The truth is the
Ministry must either keep in advance of public opi-
nion, or be overwhelmed by it.

We have received by express the whole of the Paris
papers of Sunday. They are full of very interesting
news respecting the Spanish creditors, and the deter-
mination of France and England, through their re-
spective Ambassadors at Madrid, to insist upon the
Spanish Government's recognition of the whole of the
foreign stock held by the subjects of these nations.
Our extracts from the French papers supply a copy of
an address from the French holders of Spanish Bonds to
the citizen KING, together with his MAJESTY'S
very gracious, and patriotic answer, in which he ex-
pressly states that our Government is engaged in re-
monstrating against the adoption of any course inju-
rious to the interests of the public creditor. The
effect of this declaration was almost immediately felt
in the money-market. Confidence was restored on the
Bourse, and in the course of the day Spanish Stock
rose three per cent. If France and England seriously
set about it, the foreign debt of Spain must be recognized,
if that nation can by any possibility make up the money
which she has adequate means of doing with little or no
serious inconvenience.

The extract from the Constitutionnel contains a
copy of four additional articles, which have been added
to the quadruple treaty of the 22nd of April,
agreed to in London on the 18th of August,
by which. England, France, and Portugal, bind
themselves to assist Spain, with
men, arms, and
ammunition, whensoever the Queen's
Government