The Sun.
London, England, 1828-12-01 00:00:00

SPIRIT OF Tllt LONDON JOURNALS.
(FROM THE 'rims.)
When the more headstrOng and irapetuOnS among
the Catholics tell us that they would rather " remain
as they are"-...-excluded front all thotie privileges of a
free COP:stite. Cain Which embrace the two paramount
r'74,'..its of legislating and of 'executing the laws-than
oe " parties" to any act which should annex what
are called " securities", to emancipation, they appear
to us to prove nothing more than their own real in-
difference to the grievances of which they complain
so loudly. Jr .the absolute right of the Catholic
priesthood to exercise a large authority throughout
the le-hug's dominions, without controul in its exer-
cise, or responsibility for the abuse of it, to any but
a foreign and independent, or a domestic awl myste-
rious tribunal—if the continuance of Out suspicious
power in their priests, be so much dearer to the Ca-
tholic laity than the whole mass of constitutional
rights and liberties from which they are now them-
selves excluded, that they would sacrifice the gene-
)lll liberty for the sake of Maintaining the priestly
power—the anti-Catholics may have some colour
tar asserting that the Catholics are. either insincere
in-their representations of the magnitude of their
present grievance, or that there lurks under the
church supremacy more Mischief than has been
hitherto apprehended; and that the pertinacity
with which the controuling power of the State
is refused ought to be an additional reason for
Insisting on it. But although this question
of the priesthood has Bever struck us to be
one which pressed upon-- the conscience, . and
on that account one which ought never to be
brought into controversy, we are very willing to ac-
knowledge that a* certain jealousy, both in laity and
clergy, at any attempt of undefined interference
with a church which owes no favour nor encourage-
ment to the 'State, ought rather to be respected
than harshly construed, as it sometimes is, by Pro-
testants. The motive of the opposition to securities
is every thing; and though we admit the probability
of the Catholic laity -being quite sincere iii:theitre-
pugnance to a new (however, nominal, for such it
would be) controul by King or Parliatnenvovertheir.
Bishops, yet does such an oppositionseem to us fat.
together as unreasonable as it may be honest, when
new political advantagesEarsd net merely-nominal,
are sought for 4.01 e-body at large. If there should.
appear no soligirespeet of passing a Bill of Uncondi-
tional emancipation, against the sense of aid people
of England, the question of, securities becomes as
important as that of emancipation itself Those se-
curities have 'been usually considered under three
forms--Ist, the Kieg's ve‘e upon the choice of
bishops, vesting the
~Aogreate rinnent ,of% the
realm with a right, to, exiade,feom
stantiai office men who might be susiseeted,of 'turn-
ing it to a disloyal -,e4d..e,,N.Va.confess; that: in our
own apprehension, any.datigerto -this- country from
the election of th&-Catholiceeelesiastics of Ireland
falling upon bn unwOrWysu6ject,for a bishop, would
be purely and absOltitelY*(chlinerii.al.' While• the
Stuart family were, in existence, we, have it on the
evi:ilence Dr::Po,yle.";thafeven fkm the dethrone-
ment of Jamea:ll. down t 6" the death of the car-
dinal of York,' the , of the lrish,Cii-
tholie'Bisliops remateed for abeot aceotury; and a
quarter in • the princes of that banished family ;
and we should like to hear what, specific harm.
can be traced to that formidablesource. There
arose within the
.period alluded. ,to, no less , than.
two Scottish rebellions, avowedly; for -the re-esta..
blishment of the House-of Stuart, and in a country
where there was hardly a Catholic priest to be dis-
covered. We never heard that,a single Irish eccle-
siastic stirred in the cause of that Popish, family,
even to the day of its extinctien. Why should we.
dread them now ? If, nevertheless, a veto be a
foolish thing to require; it isi.'hndoubtedly as. absurd
on the part, of the Catholics to refuse it. The Vro-
testant mind utight,Argtranquillited th0..,.c0n P 4,541.
lion, and the'
power i.olieje4ex.hie.44 b44:iveili-fveoturez
to affirm, would not be exercised. once in, it
dozen centuries.
.The•Catbolics are blockheads if make any fuss about the matter. A second- se-
curity, should the first riot seem expedient, would be,
to grant a pecuniary provision to the clergy, secured
upon the revenue, and independent of the Minister.
The expense of this measure is overrated by Some
recent speeches in Ireland : instead of 600,0001. per
annum, us there calculated,. a liberal salary might be
obtained for the clergy, at about onerthird of the
money. In ease of this policy being adopted, the
identity with the State would be well'secured, and
the Church would remain uncorrupted by the Mi-
nister pro Import'. A third and last security might
be found Wilmot Horton's plan, for exclud-
ing Catholics by law from the privilemeof Noting on
any measure affecting the Established Church. Our
opinion has long Wen expressed in. favour of this
principle, aid especially on the statement—whirr,, if
well grounded, is of great importance—that the lead-
ing English Catholics, both lay and, spiritual, have
given full assent' to the measure, declaring. with
much.good sense and right feeling, that their exclu-
sion from such .a right would operate as a relief from
a painful and invidious respoiibility. If the Catlio•
lies themselves are satisfied with this qualification of
the power which they prey for we do iwt see how
any reasonable Protestant can Ajc et.

FROM THE MORNING KERAI4D.) •
It ha':; been announced that the Recorder will this
day make his Report of the prisoners capitally. con-
victed at the October Sessitnis at the Old Bailey, to
the King in Coutieil. at Windsor—consequently the
fate of Joseph Hunton will then be deterinined. We
have already pointed out the circumstances in his
case, which, in our opinion, ought to have great
weight in making the qeestiou of his punishment a
subject of merciful considerationii , his offence
were not accompanied with circumstances of tnitient-
tion, the second Jury would_not have twice brought
in a verdict, equivalent to on acquittal ; nor would
they, when induced to guilty,"
bring in a verdict of“
upon being deSired by the Judge to leave the colla-
teral security out of the question, have qualified:that
verdict tvitti a reconmendutiou •to mercy. But
:though the .ptisoner was not in a situation to
give evidence as to the validity, of the colla-
teral security, 'yet it was admitted to exist by
the prosecutor's testimony, and. no
.technical rules
of evidence can shut out any information necessary
to the thorough investigatign .of the case by the
King in Council. \%'a trust that, upon such investi.
gation, his Majesty will find himself relieved from
the most painful part of his Royal functions, and
will consider the exercise of that mercy which is
the noblest part of his prerogative not incompatible
with the• interest of justice. . There are several
crimes which our Statute Book makes capital,- which
are now in reality never *punished with death, un-
less attended with some circumstances of great ag-
gravation. Even burglary is scarcely ever punished
with death at Present, unless accompanied with
unusual terror er Personal violence. Why then
shciiild forgery, which is a mode of fraud not at-
tended with force, be excepted from the operation
of the merciful principle by which the Crown hu-
manely ameliorates in practice the operation of the
Criminal Law. It is said, by the advocates of capi-
tal punishment foeforgery, that the interests of trade.
in thiS commercial country require it ; but this
argument is founded upon the fallacy that a
san-
guinary law is more effective in rcpressing the
crime of forgery than a law of more reasonable
severity Would be.' The mistake which those.
admirers of the Draconic system of criminal legislation make, becomes more apparent every day,
because the repugnance of people to.prosecute under
the present law increases as society grow more en-
lightened, and hence a great proportion of forgers
escape with absolute impunity. But if the rigorous
application of the present law- were considered ne-
cessary to the interests of Commerce, it is not likely
that the merchantsand uriderwriters at Lloyd's would,
have forwarded a petition, as, they have done, in be-
half of Hunton to his Majesty. At all events this
proves that, in the .particular instance, even com-
mercial people do.not think the ultimate severity of
the law called for. We have shown, in a former
article, how the :exercise of a little precaution, on
the part of bankers and others, would prevent the

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losses in caves of forged bills, of Mitch they Gem-
plain. Tlie.sicuguinary la,v of forgery makes them
consult; :only the . eagerness -of gain' in discounting
bills withontiicaUtion or enquiry. If the commercial
interests tutikeit expedient to hang for forgery, why
is it that it is .not thought necessary to protect the
hankers and Merchants of Prance- by such a law,
'there forgery is. ttetier punished with death, and
therefore the crime is more seldom committed than
.‘vitli us, because people have no repugnance to pro-
secUte. .

(FROM THE MORNING ADVERTISER.)
Nothing is more certain than that the severity of
punishments tends to the. increase, instead .of the

prevention, of crime; and that the sympathy Which
it excites in the public mind more that► counter-
balances the impression which it is calculated to
make on that of the criminal. The great test of
good laws, .in fact, is the certainty of crime being
punished, and not of the punishment being in every
respect adequate either to the indignation of the in.
jured individual, or the danger which might result
to society_ ti• Ont the crime becoming general. Se-
vere laws are, indeed, the produce of barbarous
times, when passion obtains the mastery over reason,
and the interests of society are sacrificed to indivi-
dual vengeance; the certainty of punishment, the
fruit of experience and civilization, which teaches
that individual safety must be subordinate to that
of society at large, and that the escape of one
criminal, either through the inefficacy of the law, or
- the sympathy of the•public, is a greater encourage-
rne►.t to crime than the greatest severity can
possibly furnish of persuasion to deter from it.—
The sympathy which was almost universally ex-
cited in favour of nuntleroy, and which has been
lately so loudly expressed in behalf of, others whose
crimes had placed them in a similar predicament, fur-
nish but too apt an illustration of these doctrines.
1-lad the crimes of the offending individuals only sub-
jected them to a degree of punishment commen-
surate with their enormity, the sympathy would not
Only not have existed, but many who have escaped
punishment would haVe suffered for their misdeeds.
These sentiments have lately gained ground with'
the community, and we trust, that among other re-
forms they will speedily lead to a reform of the law
respecting forgerya crime which is justly viewed
in a commerc►al country as one of the deepest die,
but which nevertheless has its shades of light and
darkness; like all other crimes, and which it is little
short of murder to punish invariably in the same
manner. Mr. Peel has done much already in re-
forming our criminal law in its minor departments;
and from him we would fain hope that the law of
forgery would also receive the amendment which it
so much fequires.:. -

(FROM THE NEWS.)
DEFECTS or ENGLISH COLONIZATION—AFRICAN
SETTLEMENTS..—The Colonies ofancient Rome were
in every respect a continuation of the Empire; nor
are.we aware of the object or utility of such domi-
nion, except in this point of view.. With England
Coloniea are rather a continuation of the Ministry.
Hence the fact that they are occasionally held and
qrStained_when they have ceased to, be of any value,
except as a source of patronage. But beyond this
defect,.there is the still greater one of the moral de-
crepitude of many of our Colonies. They make no
advances; and, as there is nothing .ylatiolutry in the
world, the result is, that such establishments must
retrograde. In the .spirit of Colonization, we seem
to be little ,better than monkey imitators of the
DUtch,.,—With .one or two. cases of exception. --We
have been led into some reflections on this subject,
bythe fact of Government having at length conceded
the station of Cape Coast to a company of merchants:
and by the perusal .of some observations in a dull
article, on Africa, in the Westminster Review. As
otieMinisters have not the_ spirit to Colonize, we do
not -see why they should not more frequently, under
certain essential conditions, permit English companies
to do it. The masses of capital in this kingdom,
which are lying comparatively unproductive: or,
(which is perhaps- worse) being available as means
to promote the greatness of other States, that are our
„common enemies,—might at all times be tureed.mOst
,effectually to commercial account, wider provident
and prescribed regulations, in Foreign Settlements.
if we take a cursory view of the available empire
of the world, as it now stands, we shall find that the
chief portion of Asia is either swallowed up in
the .sterility- of the , north, or bound down on the
greater moral, sterility of Russian and other des-
potisms. In North America, our possessions in
Canada will of necessity either: ultimately merge in
the• United States, or effect their own independence ;
but without caring much for either alternative, these
stations will never be of any great value to us; they
are too far north. South America has been preju-
diced for ages, to all the ends of useful-dominion, by
the barbarous Colonization of Spain. Australia is
making rapid progress in the arts of civilized life;
but its extreme distance from our shores will for ever
prevent. it froth being of much service to us. In
Africa,—a continent extending from-under our guns
in Gibraltar, to nearly 40 'degree's south latitude;
and•spreading over about 70 degrees-of south-longi-
tude,--,we -possess-the Cape of Good Hope, at the.
Southern extremity : and Cape Coast on. the centre'
of the Western shores. 'Except a missionary post
or so, these are the only two specks, as they may be
called on a Continent, the most available of all
others, to England; and the least known,—particu-
larly in
,its interior. It is peculiarly approachable
by us, as a Naval power, at every point of its
enormous wept of coast, from Alexandria to
Suez; a' line of.shore, which, if drawn out, were
perhaps equal to the whole circumference of the
Globe. At the Cape of Good Hope, we know
little or.tiothing of the country beyond a few. days'
ride in a waggon; What betwixt the Dutch Boors,
and the Lord Charles's, we have exhibited to the
;wives the extretne points of the effeminacy and
profligacy in European manners; and of brutal
ignorauce and ill. humour, more than savage, in the
lowest sample of Dutch phlegm. From ill-treatment
the Hottentot,i race are nearly extinct; beyond
these we have the Bush men (or the Bossmen) and
the :Caj;•cs
; the former are but as so many animals
of prey, living on plunder; marked by all that.is
repugnant it: the form and
physical character of the
lloyentot ; but without his docility or his integrity.
These qualities have been all forced. on this class
of natives, by the superior barbariSm of the Boors,
-and the misrule of, the local Government. It would
purpose to have bought out the
have answered our,,
‘VhOle pedigree of Dutchmen, by edict, and trans-
ferred their quarters to English settlers at easy rents;
under any thing like :management, the:Colony of
the,Cape oughts in a
military point of view, to sup-
ply, on emergency, a competent force to meet any
demands of our Indian .empire. But instead of
this, it is always, more or less.menace,u by
combi-
nations of the natives. The CV * as.a
race
of
much superior to' the kidney of the
people; are -as
Boors, as the Englishman is to .the. Hottentot. They
want nothing but liberal usage, as allies, to be much
more effective to the system of -Government, than
ever the mongrel mob of Cape Town will be; which
are, in many instances, men-hunters rather than
merchants or agriculturalists. It is by hunting
down the natives that they obtain their slaves. As
long , as such a system continues, or any thing re-
sembling it, the station at the Cape will never be
any thing more than a' Post for some creature of the
Minister. Itr some instances, a few travellers have
reached as fat as the shores of the Fish River,
,on
the East, and the Elephants River, on the West :
in solitary tracks; but of the country existing
between the two extremes, we know almost nothing:
it may have been -penetrated in one or two points,
crossing at right angles, in a single instance or so, a
range of land 600 miles in extent : and yet, on the
authority of alew deserts and ravines, it is all pro-
nounced a comparatively valueless and- unpro-
ductive tract; although admitted or, all hands
to be swarming with - the- finest and .freest quis
drupods in the world : numbers of which are to
this hour unknown •to the natural 'historian; and
abounding with timber, which may .vie-with the
best and largest samples from the New World. The'
sides of the rivers abound WitlevalUable stones;- and