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

CONSIDERATIONS RESPECTING

THE lUARRIAGE OF THE DUKE OF NIONT
PENsIER, WITH REFERENCE TO THE
TREATY OF UTRECHT.

Such is the title of an admirably written and ad-
mirably argued pamphlet on the subject of the Mont-
pensier Marriage, which has been published during
the course of the last week, by Rigdway, and which
demonstrates that if the treaty of Utrecht is hence-
forth to he considered as part and parcel of the public
law of Europe, then the issue of the Duke and
Duchess of blontpensier 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 ;-Ist, 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is no longer applicable to the present times.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
into
these is perfectly valid, but we will not enter
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 of
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 1630. 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 claim 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-
,?isions 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 di..-i-pripient.
Nous, nos entans et Descendans, pour exclus et inha-
biles, absolument et i jamais, et sans limitation et dis-
tinction de personnes, de degrez et de sere, de toute
action et de tout droit I la succession a is couronne
d'Espagne. Nous •oulons et consentons pour nous et
nos deseendans, que dii maintenant et pour toujours on
Nous tienne, Nous et les autres, pour exclus, inhabiles et
incapables, en quelque digri quo nous nous trouvions, et
de quelque maniere que la succession puisse arriver
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.
" I,:tta'hhtnoee
ergtnehradeesail
greatest
etbrhsetuer
efforts,
liberty
by this
and safety
vssoaa
peace,
htayeicxceoh;f:wntatshhseer,
uoawnundghdehoirinteatfihknoeei
ftneE blood-
shed, grace of
bGwreeiosgtduhinning, and has been carried on for so many years
shit.
oemd ,
tooon iaccountntimate
aonf
alliance
immensenee d
kingdoms
g which ic I
oft nu:: ortp) toouandpil edne-
of the
and France ; and whereas for the purpose of removingfrom the minds of men all anxiety and suspicion
con-
cerning an alliance of that nature, and in order to ccoon
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 listing 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 Lull vigour,
and being observed with gooefaith 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."
It 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 Drowns 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 Spand ain by the rreovnuni cions
a-
tion of Philip, Duke of Orleans, by tbe pis
was perfectly justified in
of the treaty of Utrecht, and, Engwarniland, therefore,
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.
giving ngi both

GORSE AS Foon FOR LIVE STOCI.--In the northern
districts of the principality of Wales, and more especially in
the Counties of Carnarvon, Anglesey, and Denbigh,
al use a food
s
gorse has for time immemorial been in gener
for 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 mitch cows, the results have
been highly satisfactory. It has given to the milk and
butter a fine colour and rich flavour. Those who have
applied it to this purpose are of opinion that cows yield
a better profit than when they ere led 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
Sphere, however,n
from the little attention bestowed by Welsh farmers upon
the
,freely
the feeding of that class of live stock.
tried in conjunction with turnips, sheepWh_
n hitherto.lt
goinrseconhdaist condition.
is
generally
and improved ratphidalty feeding
horses, however,
and most advantageously been employed. It •
dantl in Is because
this plant grows so abun Y all parts of the •, •
and because it is so much employed 'priaci-
paiity, m the keeping
of horses, that in many seasons the less weal h
of Welsh farmers may congratulate themselves
t y classes
escape from ruin. I twill row luxuriantl on their
nest, the coolest, an apparently the yOR the th'
must sterile 111-
It is capable of being used as circumstances soils.
s well as two. - may require at
one years growth a IN ith moderate-
atten-
tion to its culture, and by keeping it frombe
by sheep and cattle, it will produce, if it being injured
year, at the rate of from eight to fourteen t cut every
of goodly succulent provender ;if it tons per acre,
be cut
every
year, it will yield at the rate of fromtwel% second
twenty
four tons per acre. Instances have-
occurrede to
having been known to pay at the rate
of farmers
of 151., 201.
~ 0/
301., aye, 401., per acre, for gorse to the ''
bestowed some little care in the cultivationse who have
that upon land immediately contiguous to
of it, and
they themselves occupied. Scores of to that which
acres
though capable with the slighteit of land so held,
attention
luxuriant crops of gorse, are suffered to be of yielding
such farmers allow whole districts to r of no value. Nay,
Their own grass crops,
hies want of
unproductive.
thought, are almost worthless; and they activity and fore-
immediate neighbourhood at a high rate, of purchase in the
and industrious individuals, that very ,of more intelligent
of gotse, which land in their provender, in the form
managed, is capable of furnishiu • ands' if judiciously
i gin abundance
return for the most trifling outtay.—Roi undance, and in
BRISTOL SUGAR -MARKET eres Prize E
_7 jAN 2( nay.
libels. West India has found buyers ' J.—About 100
rather easier prices, and the market since our last report, at
pearance. Refined goods steady, an stillsed with a quiet ap•
SELLING MACKAREL ON sumnd scarce.
notice was posted at Billingsgate, SiA Y'---On Saturday a
clerk of the market, informinir tillegned by Mr. Goldham, the
and 10th of Victoria, passed the 3d dealers that, by the 9th
of mackarel on a Sunday was •of August, 1846, the sale now illegal.
ECONOMY IN TILE SCARCIT
in-
habitants of Great Britain and IrelT.--If those of the
of using bread newly baked we and who were in the habit
they would find that three old baked to use old baked bread,
las five new ones. Were all to ado ed loaves would go as far
more would be added to the general
this practice, immensely
the public than can possibly
be
brought
stock for the supply of
baked bread being much more lu,ght from America. Old
general health of the community N h olesome than new, the
promoted. . would by this plan be