The Sun.
London, England, 1822-01-18 00:00:00

SPAIN.

MADRID, JAN. 3.—ln the Sitting of the Coun.
cil of State, held yesterday, it was decided 19
to 9, that the. Ministry should be, changed.
Nothing, 'however, has been published on this
subject to-day. .
According to the intelligence received to-day
froth Andalusia, the inhabitants, the garrison,
and_ the national militia of Cadiz, have unani-
mously taken an oath not to obey the present
Ministry.
An express who arrived subsequently at Ma-
drid has, it is reported, brought the news that

THE SUN.

SOLE3I QUIS* DICERE FALSe.II.AUDEAT

LONDON,
FRIDAY, JANUARY 18, 1822.

It has been recently reported in the political
circles at the west end of the town, that the
Chancellor of the Exchequer means to propose,
in the ensuing Sessions, a Tax on Funded Pro-
perty only of 2 per cent.

This being settling day at the Stock Exchange,
up to l 2 o'clock this forenoon we have not heard
of amy defaulter being declared.

We received this morning the French Papers
of Monday and Tuesday (those of Sunday are
still missing), from which we give copious ex-
tracts. The relations between Turkey and
Russia continue in the same undecisive state ;
and with respect to Spain, it seems that the dis-
tpissal of the Ministers has been recommended by
the Cotincil of State, and will most probably be
conceded by the KING, notwithstanding his known
wishes to retain them. We regard this measure
as the most advisable that could be adopted, as
it will deprive the malcontents of all pretence to
continue in their disobedience to the constituted
Authorities of the country, and thus avert the
evils and horrors of a civil war. The proceed=
ings in the French Chamber of Deputies, on the
Report of the Committee on the proposed law
for the contronl of the Press, possess considerable
interest.

The discussion of last •Friday, in the French
Chamber of Deputies, exhibits in a glaring light
the vague and crude notions entertained even by
leaders of that Assembly, on the subject of their
own present Constitution, and of the 'relation in
which it places the French people with their
Monarch. So little do the principles of a limited
Kingly Government appear to be understood
among them, that on several occasions in the
course of Friday's debate, the humblest politi-
cian that frequents the gallery of our House of
Commons, might have schooled the Deputies like
an inspired teacher, and have put both Liberals
and Ultras to confusion, if not to silence. The
conflict of opinions which has excited most ob-
servation, arose out of the axiom laid down by
M. BENJAMIN CONSTANT) that all the powers of
the Chamber, and all other powers in France,
emanate from 'the Charter. " The King," he
continued,'" has wished; in conformity with the
progress of knowledge, that his power should be
limited by the Charter, and those persons are
his greatest enemies who assert 'that his power

does not rest Upon d►e ti►arter. Woe to the
country, if the Government should be intrusted
to a party who would wish to establish power
on any other right than that of the Charter•'''
" When the Charter is violated," he continues,
after much interruption, " we are no longer le-
gislators. We can no more create laws contrail
to the Charter, than the first hundred of factious
individuals who may assemble in the- street can
establish a legislative body. The laws which We
may institute iu opposition to the Charter la'
in no respect, present the character of laws:; we
should be exercising an usurped power, and n°'
body would be obliged to acknowledge, us a 5
legislators."—This appears tons the wildest doe'
trine that was ever delivered upon the subject af
government, in chamber, field, or market-place'
" What is this terrible charter," would be. the
natural question of a stranger to French politics/
" which is to lie for. ever like a night-mare-urn
the faculties of a whole kingdom ?" /f the
Monarch touches it, he sinks into a private
; if the national representatives lay a band
upon it, they become not legislators but usiirpers.
What, then, is to be ►lone for the people if all
article of this charter (which is not yet seven
years 'old) should in the progress of time
found unsuitable to their condition, or deal'
mental to their interests ? Surely it would bQ
better for a nation not to trust itself with the
settling .of constitutions, than thus to be driCoi.
into a strait.

" Linde pedem proferre pudor vetet, aut oporis Lx."
The manifest truth however is, that, in the
first place, the KING does not derive his rigl'
from the Charter, but from the old and goa
law of hereditary succession, revived, with the
national consent, after a temporary and forcible
interruption. Louts XVIII. was as"much
of France before the Charter was made as since
its promulgation. If not, how did he become
so ? Certainly not by the Charter, for the frame°
of that act have not pretended in any part of it
to assign or secure the Crown to any person.'
Did Louts, after his restoration, abdicate the
throne for the sake of repossessing it by this nos
tenure ? The Charter shews no trace of such nti
intention, butt on the contrary, it is dated ju
the 19th year of the reign, and its preamble
states that Louis, King of FRANCE and I‘l:t°
VARRE, proposes by this act, in imitation of other
Sovereigns, his predecessors, to modify, as pre"
sent times require, the exercise of that autb°-
rity which dwells in the Royal person. Is tiler'
the Kingly office so changed, so new-created by
the Charter, that although the person continues 7
the functions and attributes are altered, and 3
new magistracy established ? ,Far from it. Tile
Charter gives a mere sketch of the Royal authoritY;
designates it• only by its bounding lines, 01
omits minuter details as superfluous. Whet
exactness, what abundance of specification would
have been necessary, if the object had been t°
institute a new and original power! But .the
meanest meanest office in the Police or Customs ,could
not have been created with fewer words than are
employed on that of the King in the present
Constitutional' Act.—The Charter is, in fact,
with regard to the Royal power and rights/
declaratory instrument, not one by which Mil
thing is ordained or enacted, except in th°se
particular instances where restrictions are un-
posed upon the Monarch which did not pre-
viously exist. It is an instrument, as M. CO'
STANT observes, by which the King expresses 11;5
will that from thenceforth his authority shad
have certain limits; but that his rights.anal
privileges are therefore to be grounded c°
this instrument exclusively, is a propositini.
►
neither sanctioned by the Act itself, n°/.

consistent with common sense. The Char
ter is the rule by which be governs, not the
title by which he reigns.—lf the Liberals won°
merely assert that, practically, the. KING PO.
sesses his Throne by no other tenure than 11'4
observance of the Charter, for that any infringe"
ment of it would be fatal to his Government'
this is a speculation which may very fairly .exer'
cise the sagacity of political observers, but ill'
•
volves no constitutional question. f Again, 1
M. CONSTANT would say that Louts X VW',
by violating the
.Constitution, would dc serve t/
forfeit his Crown, the sentiment is open to dig'
CUSSIOII, but the Charter will be vainly appealed
to. His subjects may rise against, him, but ti
Charter will not furnish a word in their justify
cation; for it is no where stated„either positively
or indirectly, in that instrument, that the KIO
shall only reign so long as he observes its provi'
sions, or that, if be violates them in every para.
cular, his authority shall suffer any diminution.'

Some persons may be of opinion that these things
ought to have been otherwise ordained; but we are
inquiring at present What the Charter actually is/
and not
,whether the King of FRANCE should
have given his subjects a better.—ln the second

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Dart of the declamation we have quoted, M.
CONSTANT and his friends are, if, possible, even
more extravagant. It may be very desirable that
a solemn act like the Charter should not be
lightly and inconsiderately disturbed ; but no
enactment, by whatever authority provided, can
be too strong and sacred to be*corrected, or even
abolished, by the lawgivers who first framed it,
or by those who fill their places after them, if an
alteration should be deemed conducive to the ge-
neral benefit.* It is an open absurdity to
maintain, that the Legislator of to-day can
establish his decrees on such a footing that his
successor, at the distance of seven or of a hun-
dred years, shall forfeit his authority and be-
come an usurper, by proposing to amend them:
The most rigid and positive enactment of' this
nature would be nugatory ; but in the French
Charter there is no such declaration, either ex-
-Pressed or, implied. It, is there ordained that the
Irgislatives power shall be exercised collectively
by the KING, the Chamber of Peers, and the
Chamber of Deputies of the Departments : and
Is it to be presumed, upon no better ground than
this, that if the Deputies presume to touch the
Charter in any point,. they deface and invalidate
the title-deeds by which they hold their autho-
rity, and may consequently be stripped of that
authority at the pleasure of their countrythen
To us it appears, that if the legislative power is
given to these parties, it is given without re-
(srve, and that the. Charter, when it establishes
certain supreme dispos-ers of the law, submits it-
self, together with all other laws, to their,
troul and correction.—We are not, •as We have
. ,
already said, desirous of seeing rash Innovations
either upon the French Constitutional Act,, or
upon the fundamental laws .of any State. Our
neighbours, certainly, who, in no great-lapse of
• time, have outlived so many Constitutions, may,
Vali good reason be tenacious of One which has
already lasted them several years. We only
argue generally, that an unalterable law, wile-
ther styled a Charter, or known by any other
name, is little else than a barbarism in legisla-
tion, and is sure to be thrown aside when found
inconvenient, though the pains of death should
be called. in to secure its inviolability. There
Is in truth but one law that " changeth not," and
that is immutable, because-the Being, who made
it is infallible.—We shall probably return to this
subject, for the purpose of noticing some opinions
ilelivered by orators on the right side, whose
dOctrines were at least as extravagant and irre-
coucileable with the principlestNf.,free.;:govern.
, -
toent, as those of their adversaries.
We of course leave out of consideration those legislative
acts in which the national faith is pledged to individuals or
Public bodies.

DUBLIN, JAN. 15.—After a wrangling Debate
yesterday, the Question on Mr. CODD'S Petition
to be admitted to the Freedont of the Guild,
Was decided by Ballot. 'or the Adjournment
of,the Question, sine die, 240 ;—for the Peti-
tioner, 59.—Majority against Mr. CORD, 181.
This decision has settled the fate.of all the other
applications which were in contemplation. From
the
,language of some of the Roman Catholic
.Party, it would seem that they meditate an
Appeal to Parliamet.

Lord JOHN RUSSELL has addressed a letter
(See a preceding column) to the Yeomanry and
'armors of 'Huntingdon, in which he tells them
that " it is impossible by means 'of a Corn Bill
to restore the war prices," and that although the
Legislature should enact a prohibition at all
times against the importation of any article the
Produce of the soil of Great Britain, their slis-
tress would not be relieved. If his Lordship
means that at present, and under existing cir-
clunstancei, the enactment of such a prohibition
'would not relieve the distress of the farmers, we
believe him to be in the right; but if he advances
his proposition as a general truth, applicable at
all times and under all circumstances, he is
Most egregiously mistaken. The time nzay
arrive,—it. may not be far distant,--it may im-
Mediately follow the very next, harvest,—and if
no remedy be applied to the agricultural distress,
it must ultimately, come,--at which an importa-
tion duty or a prohibition would be of the utmost
importance to the English landholders. How-
ever, that, certainly, has nothing to do with the
Present-diffiCulties of the farmers,—with the im-
Pending ruin which is about to destroy, or ra-
ttler which is now destroying, their capital, and
Which must drive many, of them from their
farms, and throw extensive tracts of land out
of cultivation. And this is precisely the fault
of Lord Joux RUSSELL'S address. He tells
the faraiers what will not benefit them ; but
he does not point out to them any measure
from which they can hope for safety, or even
Partial relief. There is no advice to them, but
that they should watch the proceedings of the
Political Economists; lest they fall victims to

their theories. In this advice we cordially con-
cur. The fasluonuble Economist's will certainly
rum, not only the farmers, but the Empire, unless
their inischievous speculations be counteracted by
the practical knowledge and sound sense of the
country. In a reply to his Lordship, the writer of
which " wonders that a man of his Lordship's
usual good sense should have allowed himself to
speak in this manner," it is stated, that " the
object of Political Economy is to procure the
greatest sum of comfort to the greatest number
of individuals." This is very bile ; and, as ap-
plicable to all mankind, the theories of the
fashionable Economists might terminate in im-
proving the condition of the people of Poland
and Russia, and in deteriorating the condition of
the people of Great Britain. The aggregate sum
of comfort' to individuals throughout the world
would probably be augmented ; but the aggregate
sum of comfort to individuals in England and
Scotland would certainly be deplorably dimi-
nished. Let the country and the Government look
well to this; and examine particular as well as
general consequences, before they abandon prac-
firml measures and principles in favour of specu-
lative theories and general truths. While it is
the object of Political Economy to procure the
greatest sum of comfort to the greatest nuinber of
individuals, -it also is, or ought,to be, the object of
a good Government to procure the greatest sum of
comfort for the individuals of its OWN PtOPLE.-
Political Economy might demonstrate on general
principles that the downfal and even the de-
population of any particular country, (say
'Great 'Britain, for ,the sake of bringing the
thing home) would be advantageous to man-
kind at large,— would augment the aggre-
gate Of comfort to individuals generally. Good
policy, however, and common sense, and the ever-
acting principle of self-preservation,, would in-
duce any Government and people, which fore-
saw the results of Political Economy, to decline
the distinction of suffering martyrdom for the
sake of adding to the comforts of foreign nations!

By a Leev. and Island Mail, arrived this morn-
ing, which lett2St. Thomas's the 21st Nov., and
.., •
Barbadoes-therth Dec., we have received the
following Address of MAIIIANO MENTII.LA to
the Light Naval Forces•of Columbia :

" Mariners of the Light Naval Forces, •
Carthagena belongs-to Columbia; you have
done much to incorporate it with the great fa-
mily by the memorable events of the 24th June
and 29th July. 'The brave warrior who corn-
mantis you, the undaunted Colonel PADILLA,
will ays conduct you. to-victory !
" Mat•inprs---Imitate your illustrious. Chief;
and be, like him, as brave in combat as generous
to the conquered. The Carthagenians are your
brothers, and you must treat them as such : I
have promised so, because it is just, and be-
cause the Government commands it.

" Mariners—l know that you have suffered in
a campaign as baneful as prolonged ; but I pro•
raised to divide between you and the army under
my command all my, attention and resources.
You must be convinced that a perfect equality
has prevailed in both departme►►ts, and that I
have done for you the same as for my soldiers.—
Mariners, receive from me my sentiment of
admiration for your whole conduct, while the
Government rewards your services.
" MARIANO MENTILLA.
" La Pops, 13th Oct. 1820."

Caraccas Ga7,ettes to the end of November
arrived yesterday by way of America. The fol-
'lowing is an extract:—
" TO THE DIRECTOR.,GENP.RAL OF THE RENT 3.

" Penetrated by the powerful reasons urged in your repre—
sent;rtion of the 17th instant, and convinced; like yourself,that
the army most imperiously demands the entire attention of the
Government, and requires all its resources to exist anti support
the State, I have decreed—
" 1. That all discounts of duties in payment of debts due by
the Government are suspended in all the offices of the Public
Treasury of this province.
" 2. That this suspension shall continue for the period of six
months, beginning to count from to-morrow.
" 3. That from the first Article of this Decree shall be ex-
empted all orders which have been, or may be given, by his
Excellency the Liberator, or by the Minister of the Public Trea-
sury, as well as all debts contracted in this city, for the cloth-
ing and subsistence of the troops. But the payment of the loans
shall remain suspended for the above-mentioned period.
" I communicate to you this Decree, that you may orar it
to be carried into complete effect.—God preserve vou many
years. (Signed) " CARLOS SOUDLETTE."
" Curacoa, Oct. 19, 1821."
" 1 certify that this is a true Copy from the original 'Decree.
(Signed) "JUAN DE ARANDA,
" Curacao, Nov, 17; 1821. " Secretor:), of Direction."

THE WILL OF THE DUCHESS 'OF BOURBON.—
The following is an abstract of the, will of the
Duchess of BOURBON, which seems to have been
made the very day before that of her sudden
death:—" I wish to be buried without any pomp
or ceremony. Let abundant alms be given to the
poor of my parish ; this is the only magnificence
which I allow. I request in the most positive
manner to be neither opened nor embalmed, nor
exposed with my face uncovered, nor watched ;
but to be buried as speedily and as simply as
possible." The King of France has given direc-
tions that the request of the shal!, as far as
possible, be complied with.

We understand that a high personage, who
some time ago held a distinguished situation in
the Peninsula, has employed.a person lately en-
gaged in an obscure periodical paper in London,
to write a work on a certain conspiracy said to
have taken place ,in the year 1817, and for which
General GOMES FREIRE and others were exe-
cuted.—(The Times.)

TIT-E COLONIES.

ISIEMORANDUM.

Inquiries and applications having been addressed to the Co:
lonial Department, respecting'' emigration to Ins Majesty's
Foreign Possessions, it has been deemed convenient, with a
view to the information' and guidance of individuals interested
in this subject, to state that--
lstly. Persons are not provided with passages, at the public
expense, to any of his Blajesty's Settlements.
2ndly. Persons proceeding at their own expense to North
America and to the Cape of Good Hope, and desirous of set-
tling there, require. no previous authority from his Majesty's
Secretary of State to enable them to obtain grants of land,
the Governors . of those settlements being fully empOwered to
assign lands to applicants, proportioned to the means which
they actually possess for bringing them into a state of cultiva;
tion. The extent of those grants must depend upon their qua-
lity, position, and other circumstances, which can only be
ascertained in the Colony.
3dly. Persons desirous of settling in New South Wales or
Van Diemen's Land, _ must be provided with the sanction of
Isis Majesty's Secretary of State"; and this can only be obtained
upon written application, accotnpanied by references to two or
more respectable persons, as to the character of the 'applicant,
and the extent of his capital, which must amount to five hun-
dred pounds, at the least.
Colonial Department, London, January, 1822.