The Sun.
London, England, 1835-05-22 00:00:00

THE SUN LONDON, FRIDAY-, NAY 22, 1835.

Cher the twenty-four prisoners then before it recognised
its jurisdiction, M. DESAUBIEREZ, the Advocate of
the accused, addressed their Lordships against their
competency to discharge the functions which they now
assumed. The subject-matter of his speech was un-
exceptionable ; but as he read it from the paper which
he held in his hand, amid occasional interruptions, and
in a tore of voice neither Inu3ical nor impressive, his
best arguments made no effect- on his auditors. He
contended that although the 28th Article of the
Charter of 1830, gave to tile Peers the right of
trying certain offences, yet that no law had yet been
passed specifying the nature of these offences, and
consequently that the Peers acted illegally in deter-
mining that the alleged crime of the accused placed
them within their Lordship's jurisdiction ; that in
fact the Peers were constitutionally incompetent to
sit in judgment at all—the Article in the Charter
conferring such a power upon them, expressly stating
that the law should first determine the crimes of
which their Lordships should take cognizance,
before they attempted to place themselves in the
judgment-seat. After dwelling at considerable length
upon this point, he concluded by observing that al-
though their Lordships' judgment could not be reversed
by a process in the Court of Cassation, yet that it
would be quashed by a power superior even to them—
the public opinion of France. The Procureur-Gene-
ral dissented altogether from the opinions put forth by
M. DESAUBIEREZ, and contended that, by the law
of the 10th of April, 1834, the Peers were empowered
to take cognizance of conspiracies against the State.
The competency of the Chamber of Peers to exercise
the highest judicial functions, he based on precedents
drawn from the history of France before the first revo-
lution I and during the imperial sway of NAPOLEON!
Having raked every sewer of exploded despotism in
search of authorities with which to bolster up the
judicial functions of the Peerage, he produced the fol-
lowing requisition, which he addressed to the Court in
.the name of the French Government :
" The article 28 of the constitutional charter having esta-
blished the jurisdiction of the. Court of Peers for attempts
against the safety of the State •
" The law promised by the Charter for this object being in-
tended only to determine the cases in which the Chamber of
Peers is to have an exclusive competence, and this not pre-
venting the Court from having, till the promulgation of the
law, been cognizant by the act of a higher power when it was
recognised that circumstances required the exercise of its high
jurisdiction,—
" The article 4, of the law of 1834, on political associations,
having provided that attempts committed by those associations
can be judged by the Court of Peers ;
" Such being evidently the character of the attempts of April,
" In consequence of the decision adopted yesterday by the
Court,—
" In consequence ofthe prods verbaux drawn up this morn-
ing, and proving the resistance of the majority of the accused
parties,—
" We require that it may please the Court, without attention
to the plea of incompetency, to order that the proceedings be
continued, and to declare that the question of incompetency
shall be decided in the same manner with regard to the absent
prisoners, as with respect to those present."
We have neither time nor space to-day to enter
into an enquiry relative to this precious docu-
ment ; but there is one point in it to which we cannot
postpone an invitation of public attention. The Pro-
cureur-General rests the right of the Peers to try the
accused agreeably to the 28th Article of the Charter,
upon an express law passed in 1834. Now, it hap-
pens that this law was passed on the 10th of April,
and that the crimes which it is proposed to try under
it were committed on the Ist and 4th of April—six
days, at least, before this law received the sanction of
the very men who now dare to sit in judgment upon
authority derivable from it. Again let it be remembered
that the law passed on the 10th of April 1834, was a con-
sequence of the acts now charged as treasonable; the Go-
vernment having then discovered that until such a law
was enacted, all conspirators against the State were only
amenable to the authority of the inferior Courts of
criminal judicature. Thus the French Government
publicly declares that it proposed to try the accused
by virtue of a post facto law—a law which first
arose out of the circumstances attending the crime of
which the accused stand charged. Can it be neces-
sary, after this, to stigmatize the conduct of the French
Government ? Is it not clear that the Peers cannot con-
demn the prisoners, by virtue of this law, without being
guilty of the judicial murder of each and every one of
them ? The Procureur-General in the second clause
of the above requisition, asserts that the passing of a
direct law was not necessary to empower the Peers to
act judicially, as by the Act of the Charter their ju-
dicial functions had been recognized. This is a paltry
sophism. The Charter placed no specific Act of
criminality within the jurisdiction of the Peers ; it sim-
ply declared them competent to sit in judgment, after
the legislature should have prescribed their jurisdiction.
Now it is evident that the article in the Charter must
have for ever remained a dead letter, had the legislature
not infused life into into it by the Act of the 10th of
April. The Charter had merely constituted the Peers
judges under certala cencla:ons which were to follow ;
and until these conditions were complied with, they
were no more entitled to discharge judicial functions
than would an infant peer to, enter upon the duties o
an hereditary legislator.
The Chamber of Deputies was densely crowded on
Wednesday to hear the Report of the Commission
appointed to examine the message of the Peers, which
required that the two Deputies who signed the letter
in the Tribune, reflecting upon the conduct of the
Upper Chamber, should be allowed to appear at their
Lordships' bar. So early as one o'clock 400 Depu-
ties had taken their seats, and the greatest excitement
prevailed among the spectators. M. SOUZET read the
report, after having previously delivered a long speech,
in which he eulogized the firmness of the French
Government ; lauded the patriotism of the Peers ;
defined the respective rights of the several branches of
the Legislature ; and solemnly averred that the Depu-
ties of France would support the Peers in their praise-
worthy efforts to rid the country of the Republican
faction that now disturbed it. The substance of the re-
port was well known long before the speech was con-
cluded. It acceded to the wish expressed in the Message
Of the Peers, and ordered that the compliance of the
Deputies therewith should be forwvied in a Message to
the Upper Chamber. Much agitation. fettlowed, several
Deputies bitterly protesting against the mean and das-
drtaeiresterliluyssitirleoapntoiot
rotins of the Commission. After some galling
m
theo rep
on bothertsiodfest,haen
Caotomuritntieneenwtasof
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posed and and carried.wwill obtain
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aqvul
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ty
rupt influence to which the Deputiesb are subservient,
is now as notorious with regard to them, as it is with
respect to the Peers themselves.
FRENCH FUNDS --l'AfelS, MAY 20.
Five per Cents., 10Sf. 45c. 3de. 25c.
Four per Cents., 99f. —c.
Three per Cents., 811'. 95e. 85e.:75c.
Bank Actions, 1,975 f —c.
Retire de Naples, WE 40c. 45c. 30c.
Roman Five per Cents., 100;4 %
Rente d'Espagne, Five per Cents., 4814 48 4.814.
Bente d'F,spagne, Three per Cents., 30.
novai Spanish Loan, 45%14 ,M).
dente Perpet. d'E,pagne, Five per Cent, 48 41A!,i,
Belgian Loan, Five per Cents., 102.
Poa7iiil,,n ue
LsocaLn, 137 f.
oan,Fsiovce.per Cents., 100 U.
lit
EXCHANGE 03 toNnos.
One month, paper, 25f. 40e. ; money, 25f. 40e.
Three months, paper, 25E 25c. ; money, 251. 25e.
Authentique.
BOURSE, THREE o'CLocx.—The news from Spain has had
some effect on the Spanish securities, but very little on the
French. The Three per Cents. opened at B'2f., and are
at present 81 f. 90c. The speculators are acting with caution.
They look with anxiety towards the measures to be taken by
the Peers and the Deputies. Some people say that the
Chamber of Peers will endeavour to extricate itself from its
extraordinary position by admitting its inability to proceed.
QUARTER TO Fo VR. —Five per Cents., 81f. 75e. ;
Three per Cents., 81f. 75c. ; Five per Cent. Spanish, 47i-;
Three per Pent. Spanish, 30 ; Cortes, 48+ ; Coupons, 281 ;
Guebhards, 49 ; Differes, 20f ; New Loan, 62i ; Passive,

174; Ducats, 99 30 ; Romans, 1011 ; Belgians, 102 ;
Pedros, 1001; Miguels, 2G ; Ilaytians, 4371 f.

We have received Brussels and German Papers.
A brief extract from the former will be found in an-
other column. The change of Ministry which forms

the subject of an article i►► the Messager, is not spoken
of in tl►e Brussels Journals. The Ger►nan Papers
bring some intelligence fro►n Greece, which is how-
ever, of no political i►nportance. At Athens the po-
pularity of the young KING daily increases.
VIENNA, MAY 16.-5 Per Cents. 10•>y; 4 Per Cents. 93;
Bank Shares I,347.—Allgemiene Zietung, May 17.

Letters and papers from Madrid to the 15th inst.
have been received by express by a Morning Contem-
porary. It appears that the reports published in the
French Journals of Wednesday, stating that serious
acts of violence had been committed by the citizens of
Madrid, in consequence of the Government having ac-
knowledged the treaty between VALDEZ and Zum A-
L ACA RREGUI, for the mutual exchange of prisoners, is
greatly exaggerated, no riots of a serious nature having
occurred. The French Journals state, that after the
division in the Chamber of Procuradores, on the 11th,
in which the Government was defeated, the life of
MARTINEZ DE LA ROSA was attempted by the po-
pulace, on his return to his own mansion. This we
now learn is untrue. The refusal of the President of
the Council to submit a copy of Lord ELIOT'S treaty
to the Chamber of Procuradores, gave rise to some
angry menaces out of doors, but no violence was
offered to the members of the Government. On
the 12th the Chamber of Proceres, or Peers,
passed a vote of confidence in the Government, and
unanimously agreed to send a message to the QUEEN
REGENT, placing their lives and properties at her
Majesty's disposal. The chivalrous loyalty of
the Peers seemed to awaken the energies of the
Deputies, and re-animate the hopes of the Minis-
ters. During the sittings of the 13th and 14th in
the Chamber of Procuradores, the proceedings were
such as to justify the Government in acting without
dread of any violent opposition on the part of the
Spanish Representatives. The Chambers have by a
vote confirmed the right of possession to the purchasers
of property during the Constitution of Cadiz. This
will go a great way towards alleviating the fears of a
large and influential class throughout Spain.
The arrivals from the theatre of war, in the Basque
provinces, are rather unfavourable ; nor is there longer
any reason to believe that the insurrection can be put
down during the present year, without foreign inter-
vention. Our latest intelligence from this quarter will
be found in extracts from the Messager of Wednesday
evening.