The Sun.
London, England, 1847-02-01 00:00:00

T 11

CONSIDERATIONS RESPECTING

THE i:LARRIAGE OF THE DUKE OF viONT
PENSIER, WITH LEFERENCE TO THE

TREATY OF UTRECHT.

Such is tne title of an admirably written and ad-
mirably argued pamphlet Oil the subject of the Mont
pensier Marriage, which been published during,
the course of the last week, by Rigdway, and which
demonstrates that if the treaty of Utrecht is hence-
forth to be considered as part and parcel of the public
law of Europe, then the issue of the Duke and
Duchess of Montpensier cannot succeed to the Spa-
nish crown. The author says that there are three
courses open to those who contend for the right of
succession of such issue To deny altogether
the validity of the treaty ; 2d, To endeavour to set
aside its provisions by interpretations more or less in-
jurious ; 3d, To adopt a course between these two; and
to argue that the treaty, though not absolutely invalid,
is no longer applicable to the present times. With
regard to the first proposition the author proves by,
in our opinion, incontrovertible arguments that the
treaty is perfectly valid, but we will not enter into
these arguments, because if the members of the
House of Bourbon deny the validity of the treaty of
Utrecht, they thereby repudiate their right to the
throne of Spain. Their right to the throne of Spain
is based upon the treaty of Utrecht, and if the treaty
of Utrecht be invalid then is a Prince of the House
of Hapsburg, not a Prince of the House of Bourbon,
the righful Sovereign of Spain. It is upon the treaty
of Utrecht, and the treaty of Utrecht alone, that the
right of the Bourbons to the throne of Spain
rests. It was upon those conditions mentioned in
that treaty, and upon those conditions only,
that Philip V. was acknowledged as King ot
Spain by the powers of Europe, and by the Spanish
people. The revolution which placed Philip V. on
the throne was not like the revolution in England in
1688, or the revolution in France in 1830. It was
not a renewal of the compact between king and
people by the forfeiture for misdemeanour of the
rights of the old sovereign and the election by the
people of a new chief magistrate, who accepted cer-
tain conditions as the tenure by which he was to hold his
office. The Royal line in Spain was extinct, and the
throne was guaranteed to one of the claimants to it
(not the claimant in the direct line of succession) by
the people of Spain and by the Powers of Europe
conjointly, (one of the Powers so guaranteeing such
succession being the other claimant to the throne,
whose clahn but for the treaty. of Utrecht
would be acknowledged by any jurist in Europe
to be superior to the claim of the Bourbon
prince,) upon these conditions set forth in the
treaty of Utrecht, which treaty was thereby made
part of the Public Law of Europe, and the founda-
tion of the Public Law of Spain. Whatever mem-
ber, therefore, of the House of Bourbon shall seek to
repudiate the treaty of Utrecht, or any part of it,
by that very act repudiates his or her own right to
the throne of Spain, and revives the right of the
House of Hapsburgh, or at least gives back to the
Spanish people the absolute right of choosing their
own sovereign. It is evident, therefore, that it is not
open to any member of the House of Bourbon to
deny the validity of the treaty of Utrecht. Attempts
have been made by M. Guizot to set aside its pro-
visions by interpretations more or less ingenious.
These interpretations have been met and combated by
the writer of this pamphlet, and the medium
that of arguing that the treaty, if not absolutely in-
valid, is no longer applicable to the present times, is
also shown to be untenable. In fact, the argument
on the marriages formed on the treaty of Utrecht, is
completely exhausted in this pamphlet, which proves
to demonstration that the children of the Duke of
Montpensier are barred from inheriting the throne of
Spain by the renunciation of the Duke of Orleans,
who, on the 19th of November, 1712, renounced for
himself and his descendants all right to the succes-
sion to the throne of Spain, in whatsoever manner
that succession might arrive to his line. His words
are—
" Nous nous declarons et nous tenons des-I-present.
Nous, nos entnns et Descendans, pour exclus et inha-
biles, absolument et a jamais, et sans limitation et dis-
tinction de personnes, de degrez et de sexe, de toute
action et de tout droit a la succession a la couronne
d'Espagne. Nous voulons et consentons pour nous et
nos descendans, que des maintenant et our toiljours on
Nous tienne, Nous et les autres, pour expclus, inhabiles et
incapables, en quelque cl6gr6 que nous nous trouvions, et
de quelque maniere que la succession puisse arriver I
notre Ligne."
The second article of the treaty distinctly declares
the object, to secure which, these renunciations were
made :
" Article 11. of the Treaty of Utrecht between England
and Spain, dated July 13, 1713.
" Whereas the war to which, through the grace of
God, an end is put by this peace, was undertaken in the
beginning, and has been carried on for so many years
with the greatest ffiwts, vast expense, and infinite blood-
shed, on account of the immense clang, r which would
result to the liberty and safety of the whole of Europe
from too intimate an alliance of the kingdoms of Spain
and France ; and whereas for the purpose of removing
from the minds of men all anxiety and suspicion con-
cerning an alliance of that nature, and in order to con-
firm and render stable the peace and tranquillity of the
Christian world by a just balance of power (which is the
best and the most solid foundation of mutual friendship,
and of general and lasting concord), both the Catholic
King and the most Christian King have desired that it
should be provided, by sufficient and complete securities,
that the kingdoms of Spain and France should never be
united into one empire, and that one and the same person
should never become the sovereign of both kingdoms.
And to that end his Catholic Majesty has most solemnly
renounced for himself', his heirs, and successors, every
kind of right, title, or pretension to the crown of France.

[Here follow the renunciations.]
His said Catholic Majesty most solemnly renews, and
confirms by this present the renunciation above recorded
on his part.
" And whereas it has obtained the force of a prag-
matic and fundamental law, he promises anew that he
will observe, and cause it to be observed inviolably, in
the most sacred manner by every means in his power,
insomuch that he will use his most earnest endeavours,
and will provide with all care, that the aforesaid renun-
ciations be irrevocably observed, and carefully executed,
as well on the part of Spain as on that of France, which
renunciations, in truth, subsisting in their full vigour,
and being observed with good faith on both sides,
together with the other transactions thereunto relating,
the crowns of Spain and France will be so separated and
put asunder that they can never hereafter be joined in
one."

is evident that if the children of the Duke of Mont-
pensier are capable of inheriting the Crown of Spain,
then, inasmuch as they are also capable of inherit-
ing the Crown of France, the rowns of France and
Spain will not be so separated and put asunder that
they can never hereafter be joined in one, and the
treaty of Utrecht will be violated. It is, therefore,
evident, as is proved by this writer, that the children
of the Duke of Montpensier are barred from all right
of succession to the Crown of Spain by the renuncia-
tion of Philip, Duke of Orleans, and by the provisions
of the treaty of Utrecht, and, England, therefore,
was perfectly justified in giving warning both to
France and Spain, that when the proper time came
she should, if she saw fit, enforce a compliance with
the conditions of that treaty.

GORSE As FOOD FOR LIVE STOOL.—In the northern
districts of the principality of Wales, and more especially in
the Counties of Carnarvon, Anglesey, and Denbigh,
gorse has for time immemorial been in general use as food
tor horses. It has also occasionally, when provender was
scarce, been used as food for horned cattle. Where,
either by itself, or in conjunction with other provender,
it has been used as food for milch cows, the results have
been highly satisfactory. It has given to the milk and
butter a fine colour end rich flavour. Those who have
applied it to this purpose are of opinion that cows yield
' a better profit than when they are ted with the best hay
or even turnips. The butter is in all respects of an im-
proved quality. The experience of its utility as food
for sheep has been very limited. This has chiefly risen
from the little attention bestowed by Welsh farmers upon
the feeding of that class of live stock. Where, however,
tried in conjunction with turnips, sheep ate it treely,
and improved rapidly in condition. It is in feeding
horses, however, that gorse has hitherto most generally
and most advantageously been employed. It is because
this plant grows so abundantly in all parts of the princi-
pality, and because it is so much employed in the keeping
oo ff I\ivo rest es
hs ,
ftahramt
eirns mmayanycsoenags or
antsu taht
ee less
sweeha, wealthy y c 10
n at
hs seei sr
escape from ruin. It will grow luxuriantly on the thin-
nest, the coolest, and apparently the most sterile soils.
It is capable of being used as circumstances may require at
one years growth as well as two. With moderate atten-
tion to its culture, and by keeping it from being injured
by sheep and cattle, it will produce, if it be cut every
year, at the rate of from eight to fourteen tons per acre,
of goodly succulent provender ; if it be cut every second
year, it will yield at the rate of from twelve to twenty-
four tons per acre. Instances have occurred of farmers
having been known to pay at the rate of 151., 20/.,
30/., aye, 401., per acre, for gorse to those who have
bestowed some little care in the cultivation of it, and
that upon land immediately contiguous to that which
ttheyhp
themselvesea eh h
wwith
occupied.te Scores
slightestof
attentionacres o f o f
land soyi e
thdei
nl dg,
ho
suchlus u luxuriant cropsfarmers
alt g,No,rhsoel,eare
districtssu ffere suffered
ot or be
me oa
ifnn ot
unproductive.vaaluned. N,
fore-
thought, are almost worthless;
gvhaenryrzlaptterho,evoyeftipduer
Their own grass crops, from want of activity
nt
formg thee
t
an
and
immediateindustrious n ei neighbourhood Viidoooadl atindividuals,
t ah
that
ti moreht
nasi intelligent
leil
of gorse, which land in their own hands, if judiciouslyin
managed, is capable of furnishing in abundance, a
return for the most trifling outlay.—Robert's Prize Essay.
BRISTOL SUGAR-MARKET, JAN. 29.--About 100
hlids. West India has found buyers since our last report, at
rather easier prices, and the market closed with a quiet ap-
pearance. Refined peals steady, and still scarce.
S.ELLING MACKAREL ON SUNDAY.—On Saturday a
notice was posted at Billingsgate, signed by Mr. Goldham, the
clerk of the market, informing the dealers that, by the 9th
and 10th of Victoria, passed the 3d of August, 1846, the sale
of mackerel on a Sunday was now illegal.
ECONOMY IN THE SCARCITY.—If those of the in-
habitants of Great Britain and Ireland who were in the habit
of using bread newly baked were to use old baked bread,
they would find that three old baked loaves would go as far
as five new ones. Were all to adopt this practice, immensely
more would be added to the general stocn fo the supply of
the public than can possibly be brought from America. Old
baked bread being much more wholesome than new, the
general health of the community would by this plan be
premetel