The Sun.
London, England, 1834-09-18 00:00:00

(From the National of 1834.)

We are informed by letters from the frontiers of Poland,
dated the 17th of August, 1834, that "the persecutions in
Poland and Lithuania have reached to an incredible height.
In the single government of Grodno there are upwards of 400
citizens in prison, principally for having given an asylum to
the emissaries of the emigration. The reception of one of
these unfortunate individuals is considered a sufficient reason
for throwing people into dungeons, or dragging them to Si-
beria. The Diet of Grodno lately sent a petition to the Em-
peror, praying for the preservation of the language of the
country in the courts of justice and in schools, and also for
the liberation of some prisoners. The Governor of the pro-
vince, a being devoid of all feeling, seized the petition, and
the principal authors of it were subjected to incredible perse-
cutions ! At Warsaw the Poles are treated with similar ri-
gour. A young man, 14 years old, named Kalylinski, has
just been sent to Russia -to serve as a private soldier for life,
for having taken a branch from the tree which overhangs the
tomb of the brave Zawina, who was hanged by the order of
the Vice-Czar Paskewitch. All the efforts of the agents of
Russia are directed to the introduction into Lithuania of the
schismatic Greek religion, of which the Emperor is the su-
preme head. To effect this result the Catholic churches are
suppressed in all villages containing less than 300 families."
(From Galignani's Messenger.)

The King, Queen, and Royal Family returned to St. Cloud
at half-past 7 o'clock last evening. They left the Palace of
Compiegne yesterday at half-past 12 o'clock. All the troops
of the camp were drawn out, and formed a double line, as
when the Royal party arrived. The King rode his horse, ac-
companied by the Duke of Orleans, to the end of the line,
when his Majesty entered his carriage, and his Royal High-
ness took leave and returned to Compiegne.
The King and Queen of the Belgians returned to Brussels
on Saturday, from their tour in Flanders.
The Berlin State Gazette quotes the Prussian fuuds on the
9th inst., 4 per Cents., cash 29, paper 994.
BOURSE, SEPT. 16.—1 n spite of the alarming news in the
Journal des Debats, and the unfavourable impression it is cal-
culated to create, the stocks maintain firmly their ground.
The 3 per Cents. French have been for a moment 76f. 15c.,
and are
26aig ; ainc7o6rft.es2,s4c4i. the 5 per Cent. Spanish 34; 3 per
Cent.
It is reported that Madrid letters of the 11th have been re-
ceived, bringing the news that the commission has made its
report as was expected, and that it recommends the non-
acknowledgment of the Royal loans.

FRENCH FUNDS.—Pants, Saur. 16.
Five per Cents., 104 f. 50e. 45c. 56c.
Four per Cents., 92f. --c.
Three per Cents., 76f. 2Cc. sc. 10c.
Bank Actions, 1,760 f.
Rente de Naples, 93f. 03f. 25c.
Roman Five per Cents., 94% % 14.
Rente d'Espagne, Five per Cents., 44% 44 433. i -
Rente d'Espagne, Three per Cents., 263 27 '26%.
Royal Spanish an, 32 321{,54.
Rente Perpet. d'Espagne, Five per Cents., 35 351,4%.
Belgian Loan, Five per Cents., 100.
EXCHkNOB ON LONDON.
One month, paper, 25f. 35c. ; money, 2' f. 30c..
Three months, paper, —f. —c. ; money, 25f. 20c.
—fours Authentique.

SPAIN.

THE CORTES.

ESTATE OF PROCURADORES- SITTING OF THE

5Th SEPTEMBER.

Secretary Caballero said, that in accordance with the rules
in the standing orders, two committees had been appointed,
one to examine the draft of law on the monetary system
presented by the Minister of Finance, the other to examine
the draft of law to be this day presented for the exclusion
from the succession of Don Carlos de Bourbon and his de-
scendants. The draft was then referred to the committee
appointed for its examination.
PETITION OF RIGHTS.

Secretary Trueba read the fourth article, which was now
the subject of debate. It stated that "the laws should have no
retro-active effect, and that no Spaniard should be tried by
commissions, but Only by the forms of law established prior to
the commission of his offence."
Senor Cosio did not oppose the principle embodied in this
article, but its application only, since it might be inferred from
it that the laws of Spain were opposed to that maxim which
was acknowledged by all legislators.
Secretary Gonzales professed himself of quite a different
opinion, insisting that the article was useful, and detailing
some instances in which the principle it involved had been
infringed. In order that such violations might not in future
occur, he thought it proper that the article should be approved
in all its parts.
Senor Torremejia thought the first part of the article should
be held to be a principle, and not considered as a law, and
suggested that the article might .be amended thus :—" No
Spaniard shall be tried but by laws promulgated and tribunals
established prior to the commission of his offence."
The article in its original form was then put to the vote and
agreed to.
An addition was then proposed by Senor Domecq, to the
effect that the same principle should be applied to " civil
causes."
Martinez de la Rosa said that nothing had been more com-
mon than to apply to the authorities for the removal of causes
pending before the tribunals, and for suspending their course
in virtue of a Minister's order. The present Minister of Grace
and Justice had for some months past been endeavouring to
check this abuse, and the proposition of Senor Domecq would
therefore be an advantageous introduction into the petition.
Senor Lopez thought the insertion might be found difficult
in the terms proposed, and suggested the following form :
" The law shall have no retro-active effect, and no Spaniard
shall be tried by commissions, but only by the tribunals esta-
blished for civil or criminal causes prior to the commission of
his offence."
Senor Torremejia thought, that as so much difficulty had
been started as to the inditing of Senor Domecq's proposition,
it had better be reserved till the consideration of the ninth
article.
This was agreed to, and the proposition postponed.
The fifth article was then proposed. It stated that " every
Spaniard's house is an asylum which cannot be violated except
under the circumstances and in the forms prescribed by law."
Senor Medrano disapproved of the article altogether, as in-
deed he did of the whole of the petition, believing it inoppor-
tunely introduced at the present time, and under existing cir-
cumstances.

Senor Trueba spoke warmly in defence of the petition. Its
opponents had admitted that expediency might require the
temporary suspension of social rights ; but this very admission
implied the previous existence of those rights.
Count Toreno was of opinion that the article as altered was
more admissible than before, but even in its present shape he
scarcely saw the use of adopting it. The principle it embo-
died was acted on in almost all countries, nor was the power of
entering the houses of the citizens stretched anywhere beyond
the limits prescribed by the established law.
After some further discussion, the article was agreed to,
and the 6th article proposed. It stated that " the law is equal
for all Spaniards, and consequently equally protects, rewards,
and punishes all."
Martinez de la Rosa observed that the present alteration and
the mode of its introduction, betrayed the weakness of the
position endeavoured to be maintained in the article, which—
like all the rest---was false when considered in its practical
application. " All Spaniards are equal before the law ;"
this was a clear principle, since the laws should not partake of
the character of partiality. That the law equally rewards,
punishes, and protects, was by no means so certain a proposi-
tion, and to proclaim it would be to set the people in oppo-
sition to those very principles on which society is based, and
on which the Spanish, like all other monarchies, is founded.
In all monarchies there were established certain hierarchies,
which were considered necessary ingredients in that form of
government. In Spain the dignity of a Procer is maintained,
-not with the view of favouring persons, but because the general
good of the State required that the Proceres should be in some
respects independent of the laws which affect others, in order
to guarantee the security of their persons and the freedom of
their votes. In the same manner, and. for a like reason, ex-
emption was made in favour of the Procuradores. Was not
the heir to the throne more an object of protection by the laws
than any other individual of the State ? Were not certain
classes of society in the enjoyment of certain privileges ? Did
not a privilege for the military exist? And was it not, there-
fore, absurd to have one law to affect all equally, and to pro-
claim those maxims which were sure to show themselves

applicable when put to the test of practice ? Such conduct,
he contended, was placing in an inconsistent position the Spa-
nish people, who obeyed laws with pleasure and readiness when
they were just, and respected privileges which were inviolable
and indisputable.

Senor Lopez.--The petition, according to the terms in
which it is conceived, does not refer to any thing but the
maintenance of equality in the eye of the law, and is in no
way adverse to the order of the hierarchies established by
society. It recommends that both high and low should be
dealt with alike when they violate the laws ; and, far from
there being any circumstances or considerations favourable
to the former (as Senor Martinez de la Rosa vainly
imagines), the high, in case of such violation, ought
to be considered most culpable, as owing to their ele-
vated station and superior education, they may be sup-
posed to be better acquainted with the law, and their dis-
regard of it is therefore the more criminal. A robbery or a
murder may be committed by men of high as well as ob-
scure rank, but justice, which in such cases takes cognizance
only. of the motives which instigate to crimes, and the evils
which ensue from them, cannot permit that the punishment
of one individual should be mitigated on account of his
rank or wealth, whilst inflicted on the other in its full extent,
because he is less favoured by fortune. Senor Martinez de
la Rosa has quoted as an example to the contrary, the parti-
cular privilege enjoyed by the Proceres, and which we our-
selves enjoy ; but I must be permitted to observe that this is
stopping short half way, without coming to the point in ques-
tion. Butsin both instances, as well as in that of the military
law, which has also been referred to, the rule by which the
case is judged and the actions qualified may be different.
However, the moment must arrive for executing condign
punishment, and then there ought to prevail for all, and in all
cases and circumstances, the general maxim that in the eye of
the law there is no difference or inequality among criminals.
Senor Martinez de la Rosa added, that the law affords greater
protection to the minor than to the major; but this is satisfy-
ing oneself with a very superficial reflection without examining
the matter in its full extent. The law, it is true, provided that,
generally speaking, no one under 17 years of age can be con-
demned to death ; but this exception is not a privilege, as Senor
Martinez de la Rosa has erroneously stated it to be ; but is sup-
ported on another principle of true equality—an equality
which would vanish if one rule were applicable to both per-
sons ; for a minor cannot be expected to possess the same un-
derstanding as one of mature age, and punishment would be
very unequally dealt between them, if an exact proportion
were not observed between the major and minor culpability of
the offenders. The petition has not been opposed on any
other ground, and therefore I think it unnecessary'to occupy

• •
the attention of the Estamento on a matter so clear.
• Count de Toreno observed that the last speaker had taken a
wrong view of the question when he maintained that the prin-
ciple of equality was founded in nature, whereas nothing was
more unequal than man in a state of nature.
Senor Lopez replied that he had been misunderstood, for he
had said quite the contrary of that which was attributed to
him. It had already often been stated in that chamber that
men were by nature unequal, and that the true end of society
was to establish equality among them.
The subject being declared sufficiently discussed, Senor Ro-
driguez Paterna proposed, and the Estamento agreed, that the
proposition should be divided, and the parts put to the vote se-
parately.
This decision caused much agitation in the gallery.
The question was then put on the first part which was car-
ried by 72 to 23.
On the contrary, the second part was rejected by
,#2 to 34.