"the species, not the sectarist but man, not a sect but the world. "The cause of the Irish catholics has, no doubt, its own immoveable "grounds and unanswerable claims; but it is yet infinitely super"seded by that infinitely greater one, whose eternal principle is the "universal recognition of the indefeasible right of every British "subject, of every human being, to worship his God in the way "his conscience tells him he ought . . . . . Let him who resists the "claims of the catholics, make it out to his own conscience, upon "what one principle of truth and justice he can profanely interpose "his bigotry between the soul of man and his maker, in order to "rob him of God's best blessing, and poison his relish for existence "by separating life and liberty. For what is life without liberty? Unlawfully to take away my life is a crime of the deepest enor"mity; and is it nothing, unjustly to take away my liberty? Or " rather gentlemen, say which of the two murders is the most foul "and unnatural? There can be no genuine freeman, who must "not feel, that of all murders, the grossest in itself, and the most deplorable in its consequences, is the MURDER OF HUMAN "RIGHTS!"

These are sentiments which do honour to human nature, and we are glad to find them proceeding from a nobleman high in the confidence of the Prince Regent. If we may consider them as congenial with those of his Royal Highness, we may hope for somewhat better times, at least in this respect. The rights of conscience acknowledged, and restored, would be the foundation stone of reformation. In the mean time, it is the duty of all friends to these sublime principles to unite, protestants of all denominations with catholics, for the furtherance of this grand object.

AMENDMENT OF THE PENAL CODE.

Sir SAMUEL ROMILLY has again most laudably exerted himself to obtain a reformation of our penal code; to render it somewhat less similar to that of DRACO, written in blood, and to cause the laws to be respected by being made proper to be carried into execution, instead of being as at present, set aside, in capital cases, nine out of ten. This is a subject, which affects not only criminals, but juries, yea even judges, as numbers of cases occur that give much pain to those who bring in the verdict, and those who pronounce sentencé. One of the speakers in a late debate on this subject, (Mr. Abercrombie) observed-" When he recollected that "judges and jurors were every session guilty of that, for which they "certainly were not punishable, but which nevertheless, could go by no other name than that of perjury, he certainly did think

"that reformation was called for. He should unfold a case which

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though stated last session, could not fail to make a proper pression. A female had stolen a 10£. note. The jury in order "to save her from capital punishment, returned a verdict-Under "40s. What opinion must a person who heard the trial have "formed, if next day, he himself should have stood in the crimi"nal's box for perjury ?—As to criminals it would be found, that in "the last ten years, 895 were tried, of whom 155 were acquitted, "and of the remainder, 414 were found guilty of stealing below "the value of 40s. He would ask any person who heard him, if "there was the smallest room to doubt, that of these 414 found guilty, a very great number must have been guilty of stealing to "a larger amount than 40s. The verdict therefore in all such cases was contrary to fact. By repealing these laws a very great relief "would be afforded to prosecutors and juries. Prosecutors must "be much more disposed to come forward, when assured the pu "nishment is commensurate to the crime." -As the law respected the judges, Mr. MORRIS stated a remarkable fact which occurred in a court of justice of which he was witness." An unfortunate woman was tried for stealing above the value of five shillings. He was present at the trial. From many circumstances it was obvious "that it was a first offence, and every person in court wished her

acquittal. The jury watched the testimony very narrowly, to see "if any thing could be laid hold of in her favour. Lord Kenyon "told the jury, that they were not to take any of the alleviating cir"cumstances into consideration in their verdict, whatever palliation "they might be, and the woman was found guilty. Lord Kenyon proceeded to pass the sentence of the law. When the woman "heard the sentence of death, she fell lifeless to the ground. Lord Kenyon, who was endowed with great sensibility, instantly called "out-My good woman I do not mean to hang you. Will nobody persuade the poor woman that she is not to be hanged? This case "made a great impression on himself, as well as on every one present. "He had frequently heard the same noble lord pass sentence, not on the prisoner before him, but on the law!"

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Such a case might well make a great impression on the hon. member, and it is somewhat surprising it did not make a similar impression on every one acquainted with it. It proclaims aloud the folly and iniquity of laws, which juries and judges dread to execute, and which after trying, but finding it impossible to evade, a verdict of guilty is found, sentence of death solemnly pronounced, and the judge, shocked at the sentence according to law, is most anxious to persuade the condemned, fainting criminal, that he will not suffer it to be executed! One might have imagined that no dif ference could have existed in the opinion of our legislators, as to

the absolute necessity of such a reformation of our penal code, that the laws instead of being held in dread and abhorrence, might excite such veneration and respect, that the sentence should be set aside only in extraordinary cases, where circumstances might occur after the verdict given, to occasion a suspension of the execution, or a pardon from the crown. But Mr. Perceval acknowledged "the fact "stated to be well calculated to awaken the feelings of the by"standers," but added, "that it became the house in their legis"lative capacity to have firmer nerves." Now, although the right hon. gentleman had on various occasions during the war, on the Copenhagen, the Walcheren expeditions, &c. discovered that the "nerves" of the house were tolerably firm; he found on the present occasion that they were not quite firm enough for his purpose. The bill passed the Commons; but soon after it was sent to the Lords, Mr. Perceval was convinced that noble "nerves" were made of" sterner stuff," than the nerves of commoners. The bill was thrown out by the house of Lords, and thus our criminal code, with all its deformities is suffered to remain, under the miserable pretence, constantly urged by the friends of long standing imperfections and abuses" Innovations are dangerous !"An assertion so pre-eminently stupid, that it is impossible for any legislature to avoid overturning it in the practice of almost every day's legislation. This is so important a matter, and is so connected with the morals, and of course the welfare of the nation, that we should recommend it to our countrymen to consider it as next in magnitude to those great objects, the repeal of our persecuting code, and a Reform of parliament; but we fear that the people must endure much heavier calamities, before they will be so awakened as generally to unite in petitions for the redress of this, or indeed of any other national grievance. We hope, however, that Sir S. Romilly will again try the strength of the "nerves" of both houses, and that the Lords, as well as the Commons will be found to possess, not "nerves" of brass, but of sensibility, becoming rational creatures, and christian legislators.

RETURN OF THE DUKE OF YORK TO OFFICE.

The retreat of the French armies from Portugal, although as it appears from a proclamation of Lord Wellington, it is uncertain whether they may not return thither before the conclusion of the campaign, has been received with so much exultation, and has so affected the brains of ministers, that they imagine they may take what liberties they please, and that no insult offered to popular opinion can be too gross. It is only on this principle that we can account for their recommendation of the Duke of York to the

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office of commander in chief, from which, to prevent a vote of censure on his conduct in the house of Commons, and in deference to popular opinion so generally and loudly proclaimed, he voluntarily retired. Mr. Perceval seems to glory in having taken the hardy step of recommending the Duke's restoration to office. May the merit he boasts be long remembered, and suitably rewarded!

It cannot escape the public recollection, that although there were different opinions in the house of Commons respecting the degree of criminality attaching to the conduct of the Duke, yet there was no party or description of men who did not attach criminality sufficient to constitute a ground for legislative censure. The resolutions of Colonel Wardle were negatived by a considerable majority, and those of Mr. Bankes by a small one; but being disposed of, Mr, Bathurst brought forward a vote of censure, which was seconded by that convenient tool of all administrations, Sir William Curtis; and which it was generally understood would have been carried, had not Mr. Perceval informed the house of the Duke's resignation, which occasioned a Resolution, that it was not necessary to resume the subject.

The circumstances which transpired on the trial between Col. Wardle and Mrs. Clarke, have formed the pretence to certain ho nourable gentlemen for voting contrary to their former opinion; but whatever imprudence may attach to the former, or disgrace to the latter, nothing has occurred to alter the nature of those melancholy facts on which the opinion of the public was formed. The bribes received by the duke's mistress, from officers of the army for the purpose of procuring preferment; the letters of the duke concerning General Clavering and Dr. O'Meary; the appli cation of the latter for ecclesiastical preferment, and his appointment to preach before his Majesty, through the medium of a strum. pet;-these with various other scandalous outrages to decency, good manners, and to the responsibility of an high official situation, remain recorded in the proceedings of the house of Commons, and nothing can obliterate them. As to Mrs. Clarke's evidence, no one ever paid attention to it, but as it received confirmation from evidence unexceptionable. The restoration of the duke to office is a pretty plain hint to the public, that although offences committed in the lower, or middle ranks of life, are not to escape punishment; although the propagator of truth itself, should he hurt the feelings of statesmen," may be severely punished, men in office in proportion to their rank may be expected to be treated with lenity, or rather to be rewarded for their misconduct.

We know not whether the constitutional maxim-" The King can do no wrong," is applicable to the Prince Regent. Kings and Princes, have however, characters to maintain; and if they are all

to be praised as they are sure to be, and that in the most adulatory terms, when they do right, surely some degree of blame attaches to them when they do wrong. Even Lord Ellenborough, on the trial in which the Editor of the Morning Chronicle was defendant, acknowledged, that we might remark on the weakness, the incapacity, or the misconduct of the Sovereign; and a weaker, or more indiscreet measure could scarcely have been taken, all circumstances considered, than that alluded to. The public have not only been accustomed to consider the general views and opinions of the Prince Regent in the most favourable light, but they noticed with peculiar pleasure his refusal to grant the place of Governor of the Military College at Marlow to General Crawfurd, as the general already held places and pensions to the amount of 4,2001. a year. What excited still greater admiration, was the reply of the Prince Regent to Mr. Perceval. When the latter strongly urged the appointment of the general on account of his claims being powerfully seconded by his son in law, the Duke of Newcastle, whose support was most essential to his Majesty's administration perhaps of more consequence to them than any other individual, his Royal Highness declared that he did not expect such a reason to be assigned; that once for all he never would consent to bestow any place or appointment, meant to be an asylum or reward for the toils and services of our gallant soldiers or seamen, on any person upon account of parliamentary connection, or in return for parliamentary votes. Such conduct led the public to entertain hopes that the general system of court and parliamentary corruption was about to be diminished. But the recent appointment has much overclouded those hopes.

The measure however excites little animadversion or even notice. Lord Milton brought the matter before the house of Commons, and moved, "That upon a deliberate consideration of the recent "circumstances under which his royal highness the Duke of York "retired from the command of the army in March 1809, it appears to the house, that it has been improper, and indecorous in the "advisers of the Prince Regent to recommend the appointment of "his royal highness to that office." The motion was however negatived by a great majority, there being only 47 for, and 296 against it. To what is the great alteration of opinion in so many honourable members to be ascribed? To the knowledge that the re-appointment was perfectly agreeable to the Prince Regent: the principal parties, INNS and OUTS being thus united, the interests of decorum, of virtue, and of national justice were sacrificed.

Whilst ministers have been squandering 400,000l. of the national property, on the Sicilian government, which has been justly described in the house of Commons, as "the most weak and profligate “in Europe,”—whilst the war supporters have been subscribing