The Sun.
London, England, 1847-06-01 00:00:00

the proposition of M. GL.us BIZON for the introduc-
tion of an uniform rate of postage, was defeated.
The Journal des Debuts of Friday has the following

The long and anxiously looked-for decision in the
case of ll'oor.sma v. TOBY has at length been given.
The Judges of the Queen's Bench have pronounced
their julg•nent—and that judgment has been, in ac-
cordance with the public expectation, favourable to
the defendant. The myriads of circulars issued by
the projectors of the several defunct schemes, calling
on the allottees, under the threat of immediate pro-
ceedings in case of default, to contribute to the ex-
penses of the undertakings, and stating that the law
was fully settled by the temporary success in that
case, have gone for nothing, and the ridiculous men-
dacity of their concoctors been fully exposed. We re •
Bret to say, however, that the decision is not as satis-
factory as we could have wished. The great point has
been left untouched. So far as WOOLMER v. Tony
is concerned, the liability of allottees is still a vexata
questio, and involved in as much doubt as when the
writ was first issued. The public mind might still
be disturbed, and an enormous mass of litigation en-
couraged to the ruin of thousands, for aught their
Lordships have done. Happily, however, the other
Courts have solved the problem, and the principles
enunciated in the decisions of WALsTAB V. SPOTTIS-
wooDE, in the Exchequer, and WONTNER V. Suaarr,
in the Common Pleas, must be quite conclusive as to
the real merits of the case. We may therefore hope
that the silence of the Court of Queen's Bench may
not be productive of the evil results that would have
otherwise inevitably been attendant thereon.
It is scarcely necessary to state here the particulars
of a case with which every person who has in any
degree intermeddled with railway matters must be
familiar, possessing as it did so deep an interest for every
one belonging to either of the classes, provisional
committeemen or applicants for shares. It was an
effort made to stem the torrent which had set in so
powerfully against the former class, to neutralise, if
possible, the effects of the case of WALsTan v.
SPOTTISWOODE, of which it was the converse. In
that case an allottee had recovered against a com-
mitteeman the amount of deposit which he had paid,
the consideration for which had failed, the scheme
proving an abortive one and not having been pro-
ceeded with before Parliament. It struck terror into
the souls of promoters ; they had previously hoped
that under any circumstances they would have escaped
comparatively scatheless ; that all preliminary ex-
penses, of which they might themselves have
made a good thing, would have been defrayed
out of the deposits of the several allottees, while they
would have excused themselves from any payment.
Something must be done. An action against an
allottee, to compel him to pay for shares which he had
refused to accept, would at least have the effect of de-
laying a great many actions against themselves, and
perhaps of inducing many timid men to pay a small
sum in order to be exonerated from all further liabi-
lity. While relying on the notorious procrastination of
the superior courts, on those delays so deeply prejudicial
to the suitors, they hoped that much time would
elapse before final judgment would be pronounced
They were not disappointed in this expectation.
They selected a professional gentleman who had
ap-
plied for shares as the subject of attack. The record
came on for hearing at Exeter, in the spring assizes
of 1846. The Learned Judge, in accordance with
the usual ' custom, when the slightest doubt
exists, refused to nonsuit the plaintiff, but reserved
liberty to the defendant to move for a non-
suit on various grounds. The rule nisi was obtained
in Easter term, 1846, and it is not until five terms
have elapsed—until Trinity, 1847—that it is finally
decided. The great question was, " Whether persons
who had applied for shares, and to whom those shares,
or a portion thereof, had been allotted, could be com •
pelled to pay the deposit thereon, or to contribute in
any degree to the expenses of the project, after that'
project had been practically abandoned." The issue
was fairly before the Court, and its opinion was
most anxiously looked for. In place, however, of
declaring the law, they have, after so great a length of
time, only announced that the plaintiffs were not
the proper parties to sue, and that, consequently,
judgment must be for the defendant. It could not
be said that the matter was "coram non judice," that
having decided one point, fatal to the plaintiffs claim,
any further opinion of the court would be superfluous ;
on the contrary, the general feeling will be that
the Court has evaded a serious and weighty re-
sponsibility, and, in order to escape the solution of
a difficulty, has suffered the law still to remain in•
volved in doubt and mystery.

Madrid journals of the 23d and 24th have arrived.
'1 he QUEEN was expected in Madrid from Aranjuez,
and the KING from the Prado on the 24th. The
POPE'S Nuncio was to arrive in the capital on the
26th. The Government have, it is said, determined
to recal Don MANUEL GODOT, the Prince of Peace.
Several Carlists who, since the fall of TRISTANY, have
sought refuge in France, have been arrested and
conveyed to the prison of Perpignan. Among them
are CABECILLA GARROFA and the Estudiante 0.
Grau.
Letters from Badajoz state that one division of the
army of observation had marched to Ciudad Rod-
rigo to watch the movements in the north of Por-
tugal.
The Espanol strongly recommends that measures
should be taken without delay to arrange the succes-
sion to the throne on the death of Queen ISABELLA,
for it
says the declared refusal of England to acknow-
ledge the Duchess
Madrid
Bolsa cruel
was
determination l
of MONTPENSIBB, and the un-
derstood deter
e closed on the 24th.
France to support her,
and dangerous position.
1 places The
Spain

We have received the Paris papers of Friday and
Saturday.
majority of M. GUIZOT, in the Chamber of
The
Deputies is getting "small by degrees and beauti-
fu!ly less. From 200, which it was in February, it
"
has dwindled down, in the short space of four
months, to 25, that being the majority by which,
after a postponement of twenty-four hours, in order
t) give the Ministry an opportunity of whipping-in,

on this subject :
"Postal reform was yesterday rejected by the Cham-
ber. In spite of the grave objection of inopportuneness,
it nevertheless obtained 162 votes against 187. For
ourselves, conscientious partisans of the reform, we sea
in these manifestations the certain sign of its early
triumph. In the discussion of 1845 it had 170 votes ;
it has only lost 8. It would this time have undoubtedly
gained the victory, if it were not for the exceptional and
difficult circumstances in which we find ourselves. We
intend in nowise triumph at this vote. We regret that
circumstances have rendered it necessary, and the Go-
vernment undoubtedly regrets it as much as we do ;
there is besides a success for no one, unless it be for the
good sense and wisdom of the Chamber. Our s) mpa-
thies were with the advocates of the reform ;
we rejoiced at their efforts, and we applauded
them ; but our reason and prudence placed us
on the opposite party ; and if we could count all the
members of the majority who were influenced by the
same sentiments, the figure of 187 would find itself con-
siderably reduced. Let people, then, not deceive them-
selves. The Chamber is favourable to postal reform, as
it was in 1845; its vote, to speak truly, is only an ad-
journmenr. It desires the reform, but it desires it at an
opportune time. An attempt will certainly be made to
misrepresent the conduct of the majority—it will be said
that it is systematically to all hostile reform. We protest in
advance against this interpretation. The majority has
not voted postal reform, because it finds it inopportune
in the present situation of our finances. It has not be-
lieved it right to subject the Treasury this very year to
a loss, when this loss would have caused an equivalent
diminution in the extraordinary budget of public works;
that would have been to deprive poor families of
work and bread; the majority would not associate itself
to this policy, which it is very difficult for us to conci-
liate with the popular sympathies of which the Opposi-
tion vaunts incessantly. Such are the motives on which
the majority founded the refusal of its support to the im-
mediate adoption of postal reform."
In allusion to the plea of " inopportuneness" put
forward by the Ministry as a reason for refusing
postal reform, the Courrier Francais says—
" The Debats declares the postal tax to be unequal
and unconstitutional, and yet it feels itself called upon to
demand the maintenance of it in contempt of the charter.
It is true that it excuses itself on the ground of inoppor-
tuneness; but we know what that means. Ah! if the
question was one of granting a subvention to companies
of 80 millions, it would see no inconvenience in the pro-
position. We reason as we can in this world. Let us
wait for the discussion on salt duty, and the _Wats
will return to its arguments about inopportuneness. The
compere is not particular."
The Presse thus concludes a long article, full of
bitter irony against M. Guizor—
" Between this and the Ist of January, 1849, it may
be certain that the uniform rate of postage will prevail,
only that it will be to another Cabinet that the nation
shall be indebted for it."
In the Committees M. GUIZOT is betraying symp-
toms of conscious weakness. In all the Committees
on the budgets the demands for credit have been
modified. The Committees on the budget of Public
Works and of the Marine have refused to report in
favour of the extraordinary credits which the
Ministers have declared to be indispensable; and the
Committee on Algeria have added to their report an
injunction to the Minister of Foreign Affairs to
render to the Chamber, early in the next ses-
sion, an account of the manner in which the
money voted has been disbursed, all of which
modifications have been accepted by M. GuizoT. It is
not improbable that the discovery of the wholesale
corruption practised by the Ministry, as almost its sole
instrument of Government, may have caused this
falling off in the majority. General CUBIERES is the
evil genius of M. GUIZOT.
The Patrie says—
" The affair of General Cubil7es is assuming a charac-
ter truly alarming for men placed in the higher regions
of power. The most astounding disclosures have been
made, and in a short time there will be a general sauce
qui peut in the official world. The names of personages
who from being judges may become accused are whis-
pered about—in short, the harvest of scandal is as abun-
dant as possible."
The news from Greece, too, is likely to contribute
to the embarrassments of M. GUIZOT. It would ap-
pear that Austrian influence is now paramount in
the Court of Athens. The Journal des Debats of
Saturday announces the fact that the mediation of
Austria between the Greek Government and the
Porte had been accepted. On this subject the Presse
remarks :

" Several letters received simultaneously from Trieste
and Marseilles confirm and aggravate the accounts we
publish from the Augsburgh Gazette. Not only has
Greece claimed the mediation of Austria, but she has
declared herself ready to accept without restriction the
conditions proposed two months since by that Power, and
which imply the return, sit least temporarily, of M. Mu -
surus to Ath,ns, to receive an apology from M. Coletti.
This is not the solution by which the French Govern-
ment wished to see the diflerences terminated. That
which has befallen the Greek Government is a fresh and
melancholy ex imple of the value of our diplomacy.
An imperial messenger, the bearer of this intelli-
gence, set out on the 19th from Vienna for Constanti-
nople."
The Presse publishes the protocol of the four
Powers, authorising intervention in the affairs
of Portugal. The Presse and the anti-English papers
consider this as an amende made by M. GUIZOT to
England, and attack him therefor accordingly. The
Courrier Francais regards it as a crusade against
liberty, but the Commerce, while considering the
conduct of M. GUIZOT as a concession to England,
approves of the principle of the intervention. It
says— _ _

" We have not the slightest difficulty in admitting
that this re-establishment of the Quadruple Alliance is,
in present circumstances, an augury as favourable as
unexpected. The action of France in Portugal ap-
peared lost in consequence of the conduct of the
Absolutist party who gave birth to the coup cretat of
)ctober last. This action now lifts its head again; and
we can only express our surprise and satisfaction
at the circumstance. We can even go farther, and re-
joice that Portugal is about to be, in one way or another,
delivered from civil war. Struggles carried on for
liberty are almost always glorious and fruitful of good;
but when persisted in too long they turn into a misfor
tune without compensation. Portugal now is about to
escape from these afflicting and barren conflicts, and
every well-thinking man will receive the news with
satisfaction. We must, however, remark that the in-
tervention of France and Spain has not in this case
all the importance that might at first be supposed.
For what is the object of the intervention of the three
Powers? To constrain the Junta of Oporto to accede
to the conditions proposed by the Queen. But by whom
were these conditions drawn up and presented? By
Colonel Wylde, the agent of England. The three Powers
consequently unite to execute the will of one of them.
Let us put 'acts in the place of words; France and Spain,
at the request of England, act to carry out the arrange-
ment which England has resolved to establish in Por-
tugal. It must be acknowledged that this is not a very
glorious part for France and Spain to Oily; and this very
secondary part will not be profitable to the two coun-
tries, for England aitne, as justice demands, must gather
the fruits of a.i action which she has conceived, under-
taken, and almost ex' cuted !"
Various intrigues are going on in Paris to
coerce the Queen of SPAIN into obedience to
the Afrancesado party, or in the event of contu-
macy on her part, to depose her and proclaim her
husband Regent. NAUVAEZ is, it is said, prepared
to start from Paris at a moment's warning, to put
himself at the head of the Afrancesados, and do the
bidding of the French intriguers. The Constitutionnel
says—
" All is disorder, confusion, and scandal at the Court
of Madrid. The Queen and the King, after some quar-
rels and reconciliations, of which the public has for
some time enjoyed the strange spectacle, have again se-
parated with much noise, under pretence of a struggle
for domestic authority. It is said that some Ministerial
together with diplomatic intrigues have complicated the
quarrel. The word divorce' even has been men-
tioned. The Spanish journals enter into long disser-
tations on the fancies of the Queen, on the rights
of the King, on the degree of conjugal power
which ought to belong to the husband of the Queen
after the abolition of the Salic law, and upon
the possible consequences of a separation. The
Moderados lean towards the husband. The Progres-
sistas bear an affection for the Queen. There are the
Ministry of divorce,' 'the Ministry of conjugal obe-
dience,' the Ministry of the free woman. Generals as
well as ambassadors, senators, and deputies, actively en-
gage in this political intrigue of the boudoir. The Con-
stitution has been gravely invoked on both sides—in the
Cortes as in the ante-chambers—in the press as well as
on the royal couch. These are some of the conse-
qeences of the great policy of Louis XIV. ; and our
alliance of last year with Spain is, as may b. seen, more
noble, more pure, more solid, and more glorious than
ever! To add a last touch to this picture, the Ministerial
theGSopd,ah
Prince Govern-
ment
o
correspondence from Madrid of this day hazards the fol-
lowi
proposes to el
e
f
Peace, and to restore him a portion of his honours and
his rank.' "
In the Chamber of Peers, on Saturday, in the dis-
cussion on the Secret Service Bill, the Marquis De
BOISSY made a furious attack on the Ministerial diplo-
macy in the Peninsula. The debate had not con-
cluded at the hour of post.
" We have been assured," says the Courrier Francais,
" that the Duke de Broglie has refused the embassy to
London, notwithstanding the entreaties of the Ministry.
Should this announcement be confirmed, it will augment
the difficulties of the situation of the Cabinet."
Accounts from Algiers are to the 22d instant. The
column of Marshal BUQBAUD was vigorously attacked