The Sun.
London, England, 1847-10-09 00:00:00

THE SUN,

LONDON, SATURDAY EVENING, OCTOBER 9, 1847

for the exercise of the discretion permitted to the
judge to award costs against a complainant, that this
was a proper one ; but it appears that it was peremp-
torily refused, and that the party who established
the justice of his defence was obliged to submit to
the expenses of his journey, and the loss of his time,
without any satisfaction whatsoever.

Now, we conceive that everything in the shape
of an unfounded claim should be discountenanced in
every possible manner. If a person is compelled to
have recourse to a court of justice, in order to recover
a just debt, it is but reasonable and proper that he
should receive not only the debt itself, but also the
costs and expenses to which he may be sub-
jected in establishing his claim, and they
are therefore invariably adjudged to him.
It is still more essential that he should
be kept free from loss if dragged into court as a de-
fendant. One of the chief evils of cheap law is, that
it holds out a great encouragement to speculative
demands, which the makers, although well aware that
they could not recover, if resisted, still put forward,
hoping that the absence of the party may enable
them to get a judgment. It might be cheaper
to submit to pay a small sum than to encounter the
annoyance and inconvenience of attending to contest
it. In fact, the 79th section, to which our corre-
spondent alludes, was chiefly directed against such
persons, for it says, not merely costs that might
be supposed to relate to the sum he was out
of pocket, but costs and satisfaction for his
trouble and attendance, and it may fairly be
assumed that the intention of the Legislature
was to give compensation in every such instance for
loss of time, and every contingent expense or annoy-
ance ; the general rule is laid down in the 88th sec-
tion, which enacts " that in default of any special
direction the costs shall abide the event of the
action," and this is the just and equitable view of the
subject.

The objection that the defendant did not ap-
pear by counsel or attorney, and therefore had no
locus standi or claim for costs, appears very un-
tenable, inasmuch as the statute expressly discoun-
tenances the employment of such parties where the
i demand does not amount to five pounds, it being
provided by the 91st section, that " the expense of
employing a barrister or attorney, either by plaintiff
or defendant, shall not be allowed on taxation of
costs, in the case of a plaintiff when less than 201.
is recovered, or in the case of a defendant when less
than 51. is claimed." The Act, therefore, manifestly
contemplates the giving of costs, where neither bar-
rister or attorney is engaged.

A letter from Berne of the 3d says—
" The following is new intelligence which I can
guarantee to you relative to the visit of Lord Minto
to the President of the Vorort. It appears that the
British Government, not being able to reconcile the
reports which it receives at present from Mr. Peel, re-
ports in which the situation of Switzerland is appre-
ciated differently to those which were transmitted to
it by his predecessor, Mr. Morier, a diplomatist of a
narrow mind, who saw only by the eye of a Conser-
vative mummies like himself, desired that a member of
the Cabinet itself should inquire into the real state of
things. Lord Minto has now been put into possession
of proper information, and having carried away with i
him the best opinion of liberal Switzerland, has, it s
said, written in that sense to Lord Palmerston. M.
Ochsenbein has not allowed him to remain ignorant
that in the present crisis influential deputies had
interposed to engage the minority to be a little more
tractable, but that all that could tend to a reconcilia-
tion and to mutual concessions has been disdainfully
rejected by the League, which had not affected arro-
gant pretensions, but because it reckoned, in case of
conflict, on the support of Austria. The Vorort re-
ceived to-day the important news that the Grand
Council of Schaffhausen, which had not previously
pronounced on the measures of execution to be
adopted in the question of the Sonderbund, and in
that of the Jesuits, has just voted almost unanimously
instructions analogous to those of Zurich, and is
equally preparing to place its military force in a state
to answer any eventual call of the Diet. Whilst
Schaffhausen was completing its instructions for its
deputies, the Grand Council of Outer-Appenzell,
which contains a population six times greater than
that of Inner-Appenzell (favourable to the League),
has at last pronounced for the immediate employment
and energetic measures against the Sonderbund, and
the Landreth has voted the credits necessary to com-
plete the military force."

Tranquillity having been perfectly re-established
in Gallicia, the Austrian Government has given orders
to place the troops there on a peace establishment.
It is stated in a letter from Lemberg, in Gallicia,
dated the 28th ult., and published in the Augsburg
Gazelle, that the cholera had reached Jassy, and that
a sanitary cordon was about to be established on the
Austrian frontier.

A letter from Rome of the 28th ult. announces the
recal of the French Ambassador, Count ROSSI, whose
attempts at betraying the cause of Italian indepen-
dence have drawn upon him well-merited rebuke from
the POPE. The letter says—
"M. Rossi is recalled. It appears that M. de
Broglie is come directed by the Ministry to recom-
mend him to apply for an unlimited leave of absence.
His position at Rome has become completely a false
one. The Pope has distinctly forbidden M. Rossi to
interfere in the affair of Ferrara, assuring him that
he knew how to manage it himself. His Holiness, in
fact, wrote a letter to the Emperor of Austria, in
which, after saying that he would use every pacific
means to induce him to withdraw his troops, he
added, that if he were not successful, he must have
recourse to that measure of excommunication which
is placed in his hands as head of the Church."

The Felsineo of Bologna of the 30th says—
"We have heard from an authentic source that
England has communicated a note to the Pontifical
Court, in which she applauds the Pope for his reforms
and the liberal institutions he has bestowed on his
people. She declares, moreover, that she will not in
any case suffer foreign intervention, and that she will,
if necessary, defend the independence of the Pontifical
dominions and of the other Italian states, provided no
alteration be made in the territorial limits of those
different states. England, however, recognises the
right of the latter to form alliances among themselves
for their mutual defence ; but she gives to the word
place, applied to Ferrara in the 103 d article of the
Treaty of Vienna, a meaning which would justify the
occupation of the citadel and town by the Austrians."

Madrid journals of the 2d have arrived.
The Gaceta publishes the following letter, addressed
by the Minister of Finance to the Director-General
of the Public Debt, on the subject of the coupons of
the public debt, which should have been paid by
REID, IRVING, and CO. :
" I have laid before her Majesty the report drawn
up by you in consequence of the suspension of pay-
ment by the house of Reid, Irving and Co., of Lon-
don, who were charged by the Spanish Government
with the payment of the interest of the Three per Cent.
Rentes. The President of the Finance Committri
demands in thatdocument if he is to pay the coupons
of the half-yeardue which had not been paid by the
house in question.
" lier Majesty has had laid before her the opinion
of lawyers and persons acquainted with the commer-
cial laws of England, which is, that the Spanish Go-
vernment having forwarded in due time to the said
house the funds necessary for the payment, and the
fact of the intended payment having been duly an-
nounced, those parties who delayed to apply for such
payment have no right to claim it, and the Spanish
Government are not bound to pay a second time the ,
funds which were forwarded in due and proper time 1
to their accredited agents.
" Nevertheless, her Majesty, in conformity to the
advice of the said committee, and wishing to uphold
the faith of the Spanish nation from the slightest sus-
picion, has ordered the payments of those coupons
which it shall be duly proved have not been already
paid by the house of Reid, Irving, and Co."
The Gageta then publishes a list of sums paid by
REID, IRVING, and Co., signed by that house.
The Carlists in Catalonia are making great progress.
On the night of the 28th they took Berga, a fortified
town of Upper Catalonia, by escalade. They re-
mained in possession of the place six hours, and car-
ried off all the public funds, together with three rich
householders, for whose release they demand heavy
ransoms. The Carlists were commanded by the
Cabecilla CASTELLS, who the evening before en-
ticed the garrison of Berga to a distance, by making
a demonstration with 200 men, commanded by
Boccuice, on the side of Castellar de Nuch ; he thus
was enabled to enter the town without meeting any
op
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Three per Cents.

were done at 26* for cash ; the Five per Cents., at
17 for paper; the Debt without Interest, at si; and
the Coupons, at 14.

The elevation of NARTAEZ to power in Spain is
the subject of comment in the greater number of the
Paris papers of Thursday. The new Ministerial
journal, the Conservateur, crows out its song of
triumph over England on this occasion in the most
joyous manner imaginable, while the better informed
Debats and Presse observe a discreet silence. They
know too well the means by which the accession of
NARY.% EZ to power was brought about to make any
stir about the matter, and, adopting the maxim of
NAPOLEON, wisely wash their dirty linen at home.
It appears that the accession of NARVAEI was the
result of a palace intrigue rather than of a poli-
tical combination. The story is thus told in the
National:—
" The Moniteur Parisien has published a piece of
news which will probably cause considerable surprise.
The Salamanca Ministry is overturned, and Narvaez
in power. Although we had no confidence in the
duration of the late Ministry, still we did not expect
its fall to be so sudden. Even yesterday it seemed
sure of its position, but at the Court of a young
Queen, what is most unexpected most prevails; ca-
price gives the law, and there is nothing true but
what would elsewhere appear impossible. It is there-
fore as difficult to explain this coup d'etat as it was to
foresee it. The curious confidences, however, pub-
lished within the last few days in the Presse may,
perhaps, give us the key of the enigma. It was not
without motive that the Moderadoes addressed certain
sulogiums to Serrano, which were strange enough
in their mouth. Serrano, they said, was a man
who respected himself; he had not been able to
forget the position which he occupies and the part
which he played for a moment ; Mr.Bulwer has already
found that there are certain limits beyond which it is
useless to attempt to lead him. But, as every one is
aware, Serrano was the first to declare against Espar-
tero. There was not therefore much difficulty in
working on the `feebleness of his mind and his ex-
cessive vanity,' by showing him that the return of the
ancient state of things would be a check for him.
The Moderadoes had besides another reason to put
forward in order to obtain his co-operation. A
new influence at the palace was appearing in the royal
horizon; it is the Presse which has taken care to in-
form us of it ; and it is probable that Serrano dreads
this rising rivality. Hence his sudden change of plan,
and in consequence not a change of policy, the favourite
never thought of such a thing, but a change of
persons. .Narvaez is charged with the task of pre-
venting Gandara from passing the threshold of Isa-
bella's chamber. Whatever may be the real causes
of the overthrow of the Salamanca Ministry, we can
at once affirm, that the return of Narvaez will become
for Spain the signal of new troubles. The nation will
not support without resistance this insult offered to all
its sentiments and wishes. The reactionary party
triumphs, the Tuileries are satisfied, and Madrid is
tranquil, as the Moniteur Parisien says. How long
will that last ? That is the question. For our parts
we patiently await events ; a closet intrigue has led
to a coup d'etat, which will lead to a revolution."
The Carlists are delighted at the change, and also
at the manner in which it has been brought about, as
they calculate, and not without some show of reason,
that the consequence of the restoration of those to
power in Spain whose all but openly proclaimed in-
tention it has long been to attempt to depose ISABELLA,
will soon leave no choice to those Spaniards who
wish to maintain the nationality and independence of
their country, but to join the standard of the Count
DE MoisTsmones, as between him and the Duke DE
MONTPENSIER the contest will eventually lie.
The Union Monarchique, the organ of the Legiti-
matist party, speaks of this change in a tone of trium-
phant banter. It says—
" Another Ministry has entered by the back door,
by the mysterious door which leads to the boudoir of
the most capricious, the most irresolute, and the most
inconstant of women !It is to-day the turn of Nar-
vaez, that adventurer of the revolution, to resume
and direct for a few instants the helm of that crip-
pled ship which is commonly called the Government
of Spain. Narvaez has again become a Minister !
He was no longer talked of. That silence was
cruel for a man who, like him, is accustomed to
make so much noise. Silence was more than
death—it completely annihilated him. He left Paris
for Madrid to terminate the Palace question, and
he terminated nothing. He presented himself at
the Palace, and was turned out. After that check
it required some great master-stroke to re-
trieve his importance. The attempt was made. The
innocent but inconstant Isabella gave her adhesion to
the new trial, as she would have given it to any other
unforeseen combination, without heeding the con-
sequences of all those wretched Ministerial in-
trigues. Mr. Bulwer has been for a moment
worsted ; Isabella has prrwcd unfaithful to him. For
whom and why e The Gazette of scandal will, no
doubt, soon tell us. If it were possible to rely on
the stability of the new Cabinet, we shoull readily
applaud its formation. If the return of French in-
fluence appeared to us to result in a permanent
manner from the change, we should be the first to
congratulate M. Guizot. But the versatility of the
daughter of Ferdinand VII. is known. There is
nothing stable at Madrid but instability ; and, for that
reason, do we regard the sudden accession of Narvaez
as a chapter the more to add to the history of the
Folies d'Espagne."
At a Council of Ministers, held on Wednesday, at
St. Cloud, the retirement from the Cabinet of M.
CIININ- GRIDAINE, the Minister of Commerce, was
decided on. He will be succeeded by M. 3,lunET
DE BORD.
The g6rant of the Reforme was on Wednesday
tried before the Court of Assizes, upon a charge of
attempting to excite hatred and contempt against the
KING'S Government, by the publication of the article
in that journal on the 20th of August:last. The article
in the Riforme, for which the prosecution was insti-
tuted, was under the head of " Assassination of the
Duchess DE Paasnni," and was as follows :...._.
" This horrible event is the subject of all conver-
sations. In ordinary times such an event would have
excited the most profound emotions, and it may be
imagined what it produces at the period in which we
live. The other day an aide-de-camp of a Prince
was surprised in the very act of robbery. The next
day two Ministers were condemned for the crime of
corruption. Each morning a crowd of accusations
are brought forward against men in power, and re-
main without an answer. In fine, night also
is determined to have its share in crime.
What men ! what mortals ! If gambling is
is the matter in hand, a cheat is sure to be
discovered—if peculation, the corrupters and the
corrupted present themselves—if a duel, the arms are
unfair—if contracts, the ignoble pot-au-vin or secret
if love, adultery
or poniard in the
presentmarches
forms
forward p a r t:ift h the
th
the
b a
cudgelbargain n ;
hand. Our statistic mongers, in collating the judg-
ments of the Courts of Assizes, seek in the number of
condemnations the tariff of public morality; but let
them turn their eyes towards the higher quarters of
society, and say if for the last six months there a
single crime, meanness, or opprobrium, has been
heard of which has not left there its stain. Can it be
believed that such a mass of horrors and shameful acts
was accumulated by the mere effect of chance, and
that all human Tiles and ignominies had capriciously
made a rendezvous to swell the annals of 1847 ? He
must be blind who sees in this only a game of fatality,
instead of recognising
the tardy but inevitable ven-
geance of all the sentiments of honour, right, justice,
and morality which have been trampled under foot,
which it was attempted to destroy, and on the ruins
. of which a cynical shout was set up of—" We are the
1 masters." The prosecution was supported by the Ad-
vocate-General, M. DE
THORIGNY, whose argu-
ments were replied to with great energy by M.
LEDRU-BOLLIN ; but the jury, after consulting to-
gether for twenty minutes, brought in a verdict of
guilty, and the Court sentenced M. LECOUTRE to four
months' imprisonment, and to pay a fine of 3,000 f.,
ordering all the copies of the journal seized to be
destroyed.
1 The Presse announces the determination of the
! Cabinet to contract for the loan forthwith, either
altogether or in part. This decision was arrived at
on the 6th of October. It is said that Baron JAMES
DE ROTHSCHILD and Mr. BARING are in communi-
cation with the French Government on this subject.
The ex-King of Westphalia, JEROME BONAPARTE,
the only surviving brother of the Emperor, arrived in
~ Paris on Monday.
Count MoLIToR has been appointed Governor of
i the Invalides.

The Prince DE JOINVILLE has left Paris for
Toulon, to resume the command of the Mediterra-
nean squadron.

The Three per Cents. closed on the Paris Bourse
•on Thursday at 75f. 40c. ; the Five per Cents.,
114 f. 70c. ; the Orleans Railroad Shares, 1,157 f. 50c. ;
Rouen, 905 f. ; Havre, 517 f. 50c. ; Great Northern,
518 f. 7sc. ; Avignon, 522 f. 50c. ; Vierzon, 537 f. 50c. ;
Bordeaux, 450 f. ; Dieppe, 250 f. ; Basle, 155 f.; Paris
and Strasburg, 388 f. 75c. ; Paris and Lyons, 380 f. ;