The Sun.
London, England, 1851-12-15 00:00:00

THE SU

DENT clearly and unmistakeably announces his fixed
determination to persevere in enforcing its provisions.
It is evident, therefore, that President FILLMORE is to
be reckoned amongst those who disapprove of the
efforts of the ultra-Abolitionists to resist the law by
force, and that be, at all events, is determined to
observe the oath which he took when inaugurated
as PRESIDENT, and to uphold and vindicate
in every cue the supremacy of the law. We
could have wished that, on the subject of the
Cuban expedition, the PRESIDENT had been somewhat
more explicit. It is true he condemns in strong terms
the me❑ who had by their false representations in-
duced several citizens in the United States to embark
in an expedition, which he admits was contrary to
the law of nations; it is true that he o.eseits by impli-
cation that the United Se's bed no reason to com-
plain of the measures adopted by the Spanish Govern-
ment in relation to those citizens of the States who
took part in the Cuban expedition, and the justice of
whose condemation is admitted by implication, when
he states the efforts that are being made, not to de-
mand, but to procure their release ; but he does not
condemn the principle upon which those acted who
took part in the marauding expedition against Cuba
so emphatically as could be desired by persons who
still entertain some respect for the law of nations,
neither does he ask for any addition to the powers
with which he is at present invested, and which, as
the departure cf LOPEZ from the United States
proved, are insufficient to enable the Executive of
the United States effectually to prevent the outfit of
piratical expeditions against the territories of friendly
powers. The regret expressed that it should be
necessary to grant an indemnity to the Spanish
Consul, at New Orleans, is also not calculated to
reassure foreign powers as to the sincerity of the
efforts made by the American Executive to prevent
the sailing of the Cuban expedition, or to inspire
them with much confidence in the desire of the
American Government to prevent the departure from
the States fir marauding expeditions, which may be
avowed or disavowed by the Government, according
to the event—avowed if successful, as in the case of
Texas ; disavowed if unsuccessful, as in the case of
Cuba. The reprenntations of England and France
on the subject of the Cuban invasion are alluded to,
and the principle is distinctly laid down, that no right
of search or watch of American vessels on the coasts
of the States or in the seas adjacent can be allowed,
a declaration of principle which renders it doubly in-
cumbent on the American Executive to prevent the
fitting out for the future of piratical expeditions from
any of the ports of the United States. The finan-
cial condition of the States is one of great
prosperity. The receipts of the year exceed the expen-
diture by ten millions, and seven and a half millions
of debt has been paid off; and yet, in the teeth of these
proofs of the success of the Americ in financial sys-
tem, the PBXS:DENT, who it must be remembered is
a denizen of the Northern States, d-.:clares that the
ne w tariff, which is an approximation to free trade,
is a failure, and advocates a return to protection, be-
cause the exportation of breadstuffs to Europe has
decreased last year, as compared wi• h the exportation
iu 1849, and still more as compared with the ex-
portation in 1847. It would appear, therefore,
that our farmers have not much to fear
from the increased importation of breadstuffs from the
United States, with which we were told that we were
to be swamped, and that they can still compete effec-
easily with the American farmer. This decrease in
exportation we should, however, be inclined
to attribute rather to the increased demand
for breadstaffs in America, consequent upon the
great increase which has taken place in the immigra-
gration into the States since 1847, and to the
enormous development of the resources of California,
than to any operations of tariffs. The atten-
tion of the C mgress is directed to the case
of KOSSUTH and of the Hungarian refugees ;
and various internal improvements are recommended.
The American Government, we are told, is exerting
itself to complete the arrangements for the construc-
tion of the Tehuantepec Railroad, and it is probable
that the increase of the army on the Mexican frontier,
albeit declared to be for the purpose of repelling
Indian outrages, may induce the Mexican authorities
to hasten those negotiations to a conclusion. On the
whole, seldom has it fallen to the lot of a -PRESIDENT
of the United States to present to Congress a Mes-
sage in which the position and prospects of the
country have been represented to be in so satisfactory
a condition.

The contest between the merchants of the
City of London (we might say of the _entire
kingdom) and the Commissioners of Customs has
assumed an aspect that promises a speedy and striking
result. Commercial men have, at length, been tho-

roughly aroused to the inherent iniquities of the sys-
tem under which they have all been, more or less, suf-
ferers. They have sustained heavy losses through the
vexatious and uncalled-for interference of meddling
subordinates, who desired to obtain, by any means, a
character for zeal and activity ; and they
have witnessed with mingled disgust and
indignation, the contemptuous indifference and
stolid apathy with which their complaints,
however well founded, have ~been treated by " the
Honourable Beard." The duties levied and the
necessary delays are sufficiently irksome and vex-
atious, even under the most favourable circumstances
and the most judicious administration. The Customs'
code is peculiarly stringent. The general principle
of the iEnglish law is completely set aside—every
man is assumed to be guilty until he proves his in-
nocence. A mere vague suspicion is regarded as
conclusive evidence—" trifles light as air" are taken
to bt " strong as proofs of Holy Writ." The extra-
ordinary powers,vested in the Board, at a time when the
liberties of the subject were held as nothing in com-
parison with the prerogative of the Crown, are
,•xercised to the fullest extent. Should the injured
parties, strong in conscious innocence, resist the
unwarranted charges, or refuse to lick the dust at
the feet of the Thames street magnates, humbly
acknowledging their guilt, and praying a mitigated
penalty, every instrument of oppression is put into
requisition to crush the rebel. In any ordinary
cane the plaintiff should deliver an ample bill

of particuNrs, clearly and explicitly setting forth the
nature of the charge, and pointing out the matters to
be rebutted. But the Crown, under shelter whereof
the Board discharges its arrows, like Taucaa under
the shield of AJAX, is not bound to show the nature
of its claims, or furnish any statement that may
guide or assist its opponents in framing their defence.
They must be prepared on every side, lest haply they
might be assailed in some unguarded point.
It is scarcely necessary to say how seriously this must
affect the defendants and enhance their expenses.
They must look not merely to the actual, but to the
possible accusation, and have ten times the number of
witnesses in attendance that would otherwise be re•
quired ; and even then a verdict which, although
nominal in amount, would carry costs might pass for
the Crown, through some almost unavoidable over-
sight on the part of the professional advisers of the
victims of the existing system.
This rule, sufficiently onerous in itself, is rendered

v. thousand times more oppressive when taken in
connexion with the equally indefensible regulation
that " the Crown pays no costs." Should the tra-
verser, notwithstanding the formidable disadvantage
above referred
to, be enabled to establish his inno-
cence,
and to leave court without the slightest
his unavoidable
outlay.
stain Won his character, he may yet be
involved in ruin, through
Toe case of
tlpporntk, where, although
h
Company is a
tsuT citint illustration of the bock
numerous and carefully selected charges were
shown
to
to
be frivolous and vexatious, the victorious
party
had submit to a loos of h
a-out 10,0001., the
costs of their defence. Fortunately, in that instance,
the defendanta were able to sustain the loss without
nience • but what would have been,
what must be, the consequence if an individual were
subjected to such wanton persecution on such trivial
and insufficient grounds. We therefore find without
surprise mcn of the highest character, whose well-
establi.thed reputations should guard them against
any light accusations, and persons of almost un-
bounded wealth shrinking from so unprofitable a
contest, where in any event they must be heavy suf-
ferers in a pecuniary point of view. In almost every
eve then parties hive submitted to any demand,
however unreasonable, rather than incur certain
losses by defending themselves, and this has
produced an imperious and kdespotic temperament,,

LON DON,

which has led to the formidable organization now in
existence, and the numerous and influential additions
to the ranks of Customs' reformers.

But few are so utterly deserted as to be without
some defenders, and the Commissioners ;have been
fortunate indeed in the champion who has entered the
lists on their behalf. We are told that an unseen
band strewed flowers on the tomb of NERO, but
Mr. O'DowD has come boldly forward as the
advocate and defender Of the Board, justifying,
or, at the least, extenuating their acts, and candour
compels us to admit exhibiting an acuteness and
versatility of genius deserving of the highest praise.
Audi alterain partem is a good rule, and let those
who desire to understand both sides of the question
carefully peruse the digest of the proceedings of the
Charlotte-row Committee, and its examination by
Mr. O'DowD.* The Commissioners cannot complain
at any conclusion that may then be arrived at, for they
would find it difficult indeed to procure a more
astute, zealous, or talented advocate than the Learned
Gentleman who has voluntarily stepped forward on
their behalf, and who, as he has informed us, and
we believe truly, " has no personal predilections to
indulge in the task which he has assumed," and whose
"political opinions have no tinge of the complexion
which report assigns to a majority of these gentlemen,"
i. e., the Commissioners.
We give Mr. O'DowD the fullest credit for the
accuracy of these assertions; we believe that he
has been influenced by the pride of the advocate, of
one qualified to make "the worse appear the better
reason," and thus induced to take up a cause
that afforded such ample scope for skill
and ingenuity. And, as " quod volumus facile
credimus," we can easily conceive that Mr.
O'DowD has persuaded himself into the belief that
the Board are a persecuted and ill-treated body, un-
justly assailed by discontented ingrates, who are
perversely indifferent to the advantages they derive
from the admirable administration of" their honours."

We regret that space will not permit a closer exa-
mination of the matters so ably handled in Mr.
O'Down's brochure, but which we can commend to
our friends and the public as well worthy of perusal,
and which will be especially interesting to the friends
and opponents of the Honourable Board.

"Customs' Administrators and Customs' Reformers;
or, The Digest of the Proceedings of the Charlotte-
row Committee' Examined." By James O'Dowd, Esq ,
Barrister-at-Llw. London: Daily Brothers.

THE FRENCH REPUBLIC.

We have received the Paris journals of Saturday
and yesterday.
The PRESIDeNT of the Republic bas conferred the
Grand Cress of the Legion of Honour on General
D'HAUTPOUL, grand officer, who has served 46 years,
been in 12 campaigns, and received two wounds ;
General BARAGUEY-D'HIELIERS, grand officer, 40
years' service, 10 campaigns, and amputated at the
!eft wrist ; and General MAGNAN, commander•in•
chief of the army of Paris and of the first military di-
vision, 42 years' service, 11 campaigns, one wound.
M. NETTEMENT has been set at liberty. It Was
reported that MNI. CUETON and DUVERGIER DE
LIAURANNE had also been discharged from custody;
the Journal des Debats, however, contradicts this re-

port, and states that those gentlemen are still detained
prisoners at Vincennes.
The members of the Civil Tribunal of Versailles
have unanimously given their full and entire adhesion
to the measures of public safety recently taken by the
PRESIDENT of the Republic.
The Bretagne, a journal of St. Brieuc, says :
"M. de Montali=mbert, by a letter of the B,h inst.,
authorises us to declare that the committee of twelve,
representing in France the interests of the Count de
~hambord, bas recommended all its correspondents not
to deposit a single vote against the President. M. de
Falloux has made to him a communication to that effect,
and adding that his party was not to assume at present
the attitude of systematic hostility which it had observed
for 18 years against Louis Philippe."
The same journal adds that three of the representa-
tives of the department, MM. THIEULLEN, BIGREL,
and LECOINTE have written to their constituents,
declariag thet they wore resolved to support the
PRESIDENTOf the Republic, being perfectly convinced
that " society must perish if the Government did not
remain the strongest.'
The Illouiteur of yesterday publishes the following
letter, addressed to the Extraordinary Commissioners,
MM. MAURICE BAIILEL, CARLIER, and BERULD._

" Paris, Dec. 13.

" Monsieur le Commissaire Extraordinairs,—From
the beginning of the crisis which we have just traversed,
the Government has judged from the conduct of the So-
eialiq party that, surprised before the appointed time of
1852, it had been:determined to employ its last resources,
and to try a desperate effort. The correspondence di-
rected from Paris, the emissaries sent in all directions,
the watchwords transmitted with rapidity and precision,
all demonstrated that the sinister projects, of which,
six months later, society would have been the victim,
were about to burst out on a wide scale. In order to
parry these grave eventualities, and to give to repression
a rapid movement, the Government had recourse to
your patriotism, and charged you to direct the action of
authority with unity on all points where honest people
appeared the most menaced. The plan of the anar-
chists has been foiled in the capital by the bravery of
the array and by the contempt of the good workmen
who bad so frequently been the dupes of their false
brethren. Authority has everywhere resumed its em-
pire, and it now becomes unnecessary to continue in
France anything which might have a revolutionary
character. The Government will notwithstanding be
able to accomplish resolutely whatever is necessary for
good and against evil. These considerations have in-
duced the President of the Republic to put an end to the
extraordinary commission you were so good as to ac-
cept. Yon will then be so good as to consider your
mandate expired, and come to Paris to render an ac-
count of the results, so as to enable me to appreciate
the dispositions of the population you have visited.—
Accept, &e. (Signed)
"A. DE MORNT, Minister of the Interior."
It appears from the above that the Government con-
siders the insurrection effectually crushed.
The following are the departments in a state of
siege :—La Rhone, la Drome, l'lsere, l'Ain, le Loire,
l'Adeche, Cher, Nievre, Seine, Seine et Oise, Oise,
Loiret, Loire et Cher, Eure et Loire, Seine et Marne,
Seine Inferieure, l'Eure, l'Yonne, l'Aube, Saone et
Loire, Allier, Gard, l'Herault, Basses Alps, Lot, Lot
et Garonne,Var, Gironde, Bas Rhin, and Gers, making
30 departments, out of 86, in a state of siege. Ex-
cept in the department of the Basses Alps, the Socia-
lists have been all beaten and dispersed.
At Clamecy the Procureur• General attended the
funeral of the gensql'armes wbo were killed by the
insurgents, and in the course of his oration over their

graves, said—" For two days and nights dema-
goguism was mistress of this town. We saw the
populace raised, houses forced and pillaged, terror in
all honest souls, eight assassinations and 20 victims,
the most hideous saturnals, sacking, and murder.
Such were the works promised us for 1852, and only
for the act of the 2d a-camber, and the patriotic de-
votedness of Louts NAPOLEON, who can doubt that
the promises made vs ould not have been kept ?"
" Facts (says the Constitutionnel) have spoken. Let
us humble ourselves before thew, who have been so
proud of cur country and of our civilization, and so de-
sirous of progress. No time, no country has ever offered
such a speciacle. Let us no longer insult our ancestors,
for we are more guilty than they were. In our wisdom
and virtue we have condemned their fanaticism, their
grossness, the violeuca of their passions, the cruelty of
their civil wars, and surpass all .their examples. We
have now pillage in joint-stock fashion—we hsve politi-
cal parricide—France has blamed dragonnades, but never
before had she witnessed the violation of women on the
highway—never before had she seen unfortunate chil-
dren dragged from their schools to undergo the most ap-
palling outrages. Such, however, is the spectacle which
we offer to Europe; and the official reports which prove
these things eoutd not by7possibility be pablished, or, if
punished, by possibility be read."
The provincial journals give the following account
of the proceedings of the Social insurgents at
Cuers :
" The secret society of Cuers had decided that the
sth December should be the day of rising. From
seven o'clock in the morning all tho avenues of the rural
roads were guarded by the members, in the uniform of
the National Guard, who, sabre in hand, intercepted the
passage, and ordered overyono to arm and hold himself
ready. At ono o'clock in the afternoon a numerous
assemblage marched on the mairio of the commune.
M. Bdrralier, mayor of Cuers, warned of this more•
merit, left the place and went to the barracks of the
gendarmery, A short time after he returned with a
detachment of that force, when loud erica were hcard—
M. Barralier gave orders to the crowd to evacuate the
mairie. A man named Mourre exclaimed, ' The people
are sovereign,; these are brigands, who must be exter-
minated on the spot' On this they rushed on the
mayor; a gendarme, named Chauvin, attempted to
protect him, but without success, and he and the
mayor were both thrown down and carried out of
the
va alsos meaa
wounded,rirr ii
eed.
toA t nbhouett hpeersires
atgle
enaddci adarnl mod
ce
khwe
dda su
hps hi.
mo ts
,lhfCe; hit
insurgentsmayor
ontthenhouseufnrdion:ibpbiruororoecialceitActnphaeuxaceltpehtesheorra;sdt,dhh4ineisscpl
acs ofw a
sM M. Reust an, the receiver
pillaged, all the furni-
in the same svoatrtyhi ciwtnegr were throwleft
hitnn outbat ot fh
et the
clothesw windows
o wh
ho
11•eicseiver, named Guerin, was
treated
.
house, escaped by hiding herselft n who was alone in the
rioters then went to the gendarmerie tbhaerreseelklaz. w
hTehree
they seized on all the money the
in
aftc,rpcl%ce.,.nig a pro-
as well as the
intuatit.
ammunition. The insurgents,
vi,ionat govyrzr.".-:lt, retunc 1 to th,:ol
where they vented their horrible fury on the body of
gendarme whom they had before killed; and one-of-the-m
carried his ferocity so far as to wash his hands in the
blood of their victim, The yrovisionnl government then