The Sun.
London, England, 1846-12-12 00:00:00

acted in the most harsh and oppressive manner to-
wards the unfortunate owner.

Every prudent lender, before he consents to advance
his money on the security of land, or, being already
advanced, before he will be satisfied to suffer it to
remain outstanding, will have ascertained that there
is an ample margin to cover any losses that may be
sustained by reason of bad seasons, deficient crops,
defaulting tenants, and the innumerable other de-
scription of losses to which the proprietors of land
are subject. In addition thereto he must also allow
for the expenses of a foreclosure suit and of a receiver,
in the event of either being rendered necessary by
the neglect or default of the borrower. There
should also be a surplus for the maintenance and
support of the owner, otherwise there would be
little prospect of a regular payment of interest,
as the necessities of the debtor would most
assuredly lead to the appropriation of any sums of
money on which he could lay his hands ; an embar-
rassed and needy man would have little regard to the
abstract rights of his creditor. The general rule
adopted by legal practitioners, when called on to
advise respecting an advance of money, is never to
recommend a client to lend more than one-half the
present value of the property—indeed, scarcely so
much, for the interest to be paid should not exceed
half the annual income. Under any other circum-
stances it is not the interest of any party that things
should remain in statu quo. The creditor cannot
hope for punctual payment, the debtor will be kept
in a constant state of annoyance and difficulty ; he
cannot discharge the duties incidental to his position,
he will be unable to encourage or assist his tenantry
to aid in the improvement of the lands,
to make judicious allowances, to act the part which
humanity would dictate in the event of any misfor-
tunes happening to those who are dependent on him,
and who look up to him for that fatherly care and
protection that a landlord should extend to his te-
nantry, which the nature of their mutual relations
demand at his hands. The attempt to retain the po-
sition of landlord in such circumstances is, therefore,
injurious to all parties—to the creditors, to the owner,
to the tenantry, and to the public at large. We trust
that some measure will pass the Senate during the
ensuing session for simplifying the transfer of such
estates. The parties in every such case should, by
mutual agreement and co-operation, strive to have
the lands disposed of in the most expeditious and
cheapest manner. Our observations, therefore,
(which the want of space compels us to postpone for
this day,) must be taken as directed to cases where
the charges and encumbrances do not exceed half the
present value of the property."

The news from Portugal, brought by the Cyclops,
is of a very contradictory character.! It appears
that Spain has been actively interfering in support
of the Afrancesado party, and has furnished CASAL,
who was driven into Spain by SA DA BANDETRA,
with arms, ammunition, and every sort of assistance•
CASAL returned to Portugal, and purchased his vic-
tory over SA DA BANDEIRA. by a liberal expenditure
of the dollars which he had received from Spain, with
which he corrupted the two regiments of the line, who
deserted from SA DA. BANDETRA in the midst of the
battle. DAS ANTAS still continues in Santarem, where
he is well supplied with provisions. If he can hold his
position for a few weeks, SALDANIIA must either at-
tack him or retire, as during the rainy season the
plains about Santarem are flooded.

The following is the latest account of the move-
ment of SCHWALBACH and BOMFIM. The latter has
completely out-manceuvered the QUEEN'S General:—
" Schwalbach's intention being to join Saldanha, he
proceeded from Estremoz to Coruche, closely followed
by the insurgent General Bomfim, his object being to
reach Salvaterra, and Bomfim's to get to Santarem by
flanking him. Saldanha knowing Bomfim's intention,
sent 600 men across the Tagus to Schwalbach's assist-
ance, with orders to bim to turn back and give battle; but
Bomfim taking another direction, out-generalled his op-
ponent, and got to Santarem on the 28th. Bomfim had
1,600 men, and Schwalbach about 1,000. The city of
Evora has now upwards of 2,000 men in arms, and is ex-
pecting 500 or 600 more from Algarve. Bomfim has 250
irregular cavalry, well mounted, armed, and drilled, and
commanded by regular officers from the army. One of his
guerilla parties captured 18 contos (4,5001.) at Alcacer
do Sol, and delivered every farthing of it to Bomfim at
Monte Dior, with which he has paid his troops. He has
an excellent staff. The whole of Alemtejo is now in
the possession of the popular party, who are organiz-
ing troops, juntas, &c. Elvas has only 150 men in gar-
rison. It is the only place in Alemtejo that obeys
the Queen's Government. Celestino is with Bomfim.
Count de Mello is Governor of Evora. The people
there arc in high spirits, and well able to resist any
attick. All that is known from Oporto is, that Sada
Bandeira is now there. lie was worsted in the affair
with Casal at Valpassos, but no particulars subsequent
to it are known."

The Duke of PALMELLA has gone to Gibraltar,
having been ordered by her MAJESTY to go on his
travels.

The Marquises of Valloda, Minas, Niza, and
Fayal, Counts Ribeira, Rio, Maior, Arcos, Alva, Al-
cacovas, Galveas, and other noblemen, have either left
Lisbon for Cadis, or have sought refuge from per-
secution on board the English squadron and French
brig of war.

The Diario publishes a decree for the union of the
Bank of Lisbon and the Confianca Company :
" The joint establishment is to be called the Bank of
Portugal, with a capital (in paper chiefly) of 11,1)00
contos, or about 2,400,0001. It is to have the exclusive
privilege for 30 years of issuing notes, and its notes are
to be legal tenders. The notes of the now extinct Bank
of Lisbon are to continue in circulation, to the anaemia
of 5,000 contos, and to be legal tenders, for the whole
of every payment, to the end of June, 1847; for two
thirds, to the end of 1843 ; and for one-half, from that
to the period of their bring finally paid off—for which
purpose the Bank of Portugal is to set apart an annual
sum of 216 contos."

Madrid papers of the 3d have arrived. They con-
tain no intelligence of importance.
MADRID BOMA, DEC. 3.—The Three p,..r Cents.
closed at 34i ; the Four per Cents, at 21 ; the Five per
Cents. at 21k; and the Coupons not capitalised at 19k.

We have revived the paris papers of Wednesday.
The Presse gives the following as the analysis of
he protest of M. GIIIZOT against the annexation o
Cracow :
" The explanations which we have given of the pro-
test addressed by the Minister of Foreign Affairs to M.
de Metternich in reply to the notification made to the
former of the incorporation of the Republic of Cracow
with the Austrian states having been contested. We
have had recourse to fresh information, and we
can now fully confirm, at least as far as regards their
groundwork, the first explanations we published. This
protest bears rate the 3d inst.; it is in the form of a dis-
patch, addressed to Count de Flahault, our ambassador at
Vienna. It contains six pages, and, if we are well in-
formed, it was read on Sunday last to Lord Normanby,
M. d'Arnim, and M. de Kiseleff. The character of the
document is serious and gloomy. It bears the imprint
of a deep conviction of the moral disorder which must
result from the act of the three Powers in the situation
of all the states of Europe. It may be conceived that,
in a document of this nature, all the expressions in
which should be seriously weighed, the opinion of the
French Government, however energetic it may be as far
as concerns the act complained of, indicates rather than
expresses the consequences wlich France may one day
draw from this attack on the European order of things
as founded by treaties. It is not a declamation of a
journal addressed to superficial understandings, but a
serious and severe judgment, calculated to excite the
consideration of cabinets. Such a docudocument as that
alluded to ought not to contain either recriminations or
threats, or that declaration of war against the three
Powers which the unreflecting enthusiasm of some, or
the ardent desire of social perturbation of others, would
have wished to find in it ; but a moderate and energetic
expression of the profound injustice, the want of wisdom
of the act of the 16th November, and of the conviction
that it gives to all the powers of Europe the most entire
freedom with regard to treaties thus destroyed. The
French Cabinet expresses in the first place its deep and
painful surprise at the resolution of the Powers. It
shows that they have yielded to secondary and
accessory motives the general and more powerful
reasons which commanded respect for treaties—of
those treaties, the object of more than one resistance,
and which have created sufferings of more than one kind.
It calls to mind, in lively terms, what Poland has been,
and shows that there was no reason to feel surprise at
seeing the scattered members of that great state so 'vio-
lently destroyed still experience some convulsions.
Poland has lost in the political world the rank which
she has preserved in history ; she has been destroyed,
divided, The treaties which recognise such facts do
not suddenly cause to disappear the agonies which
result from them. The French Cabinet refutes the
reasons given by the Court of Vienna to justify the
taking possession of Cracow. It explains or contests
the facts. The King's Government, it says, cannot
admit so many assertions contrary to principles. It
establishes that the articles of the acte of
Vienna, and the treaty of 3d May were not the
exclusive work of the three Powers, and that the fate
of Poland was regulated by a European deliberation.
It was not, therefore, perl itted to the three Powers
to suppress the results of that deliberation. The dis-
patch solemnly protests against the act of the three
Powers. France, it says, might congratulate herself on
an act which would authorise her, by a just reciprocity,
in henceforward only consulting her interests and cir-
cumstances; but such is not the feeling which she enter-
tuns, and it is strange enough that it should be her