The Sun.
London, England, 1834-02-28 00:00:00

SPIRIT OF THE PUBLIC JOURNALS

A pamphlet, very season:Ode and useful at the present
time, entitled " The Law of Debtor and Creditor," has
been republished, in the form of a second edition, by Ef-
fingham Wilson and Cochrane and M'Crone. As we en-
tered into its merits in detail at the period of the first edi-
tion, and as the purport of ir,--namely, the aholition of
the law of arrest,—is one which the Morning Advertifer
has never psssed any opportunity of urging, we feel it un-
necessary on this occasion either to repel', our arguments,
or our review, at any length. The self-defeating absurdity
of this law, on the one hand, and its social mischievousness
on the other, are now become so obvious to all classes of
thinking men, that-there is very little doubt that a hill for
its abolition will be carried through the present parlia-
ment. Nothing but the ignorance of a semi-barbarous age,
or the rapacity of the half-civilized Norman freebooters,
from whom it originated, could have suggested such a
means of extorting payment from a debtor as that of
manacling his body, debasing his health, and crippling his
future means of exertion. That it is a violation of tl e old
Saxon common law we have no doubt. On the other
hand, the argument that modern extravagance requires
some
.such iron curb as this to repress its aggressions on
commercial and trailing industry has been so repeatedly
shown to be unfounded, that it is scarcely necessary to oc-
cupy our columns with the elaboration of any detailed or
formal reply. As a means of teaching honesty, and faci•
litating payment, the law of arrest has utti rly failed. The
dishonest man laughs at it, but the honest is prevented
frem paying his debts by it. The only other results that
tradesmen derive from it are a general rise of prices, by
which they suffer as well as their neighbours ; large esta-
blishments and expenses in keeping accounts, which
might be saved ; ledgers filled with delusive fortunes in
fictitious book debts, which vanish, like a" baseless fabric,"
in Whitecross-street, or " leave not a wreck behind" in
the Insolvent Court. The fact is that the law of arrest
has been the great charter of swindlers for the last fifty
years. It is a positive premium for the contraction of bad
debts. More tradesmen have been ruined by trusting to
the insidious and hollow protection of this law than by any
other cause. They would look narrowly into the charac-
•er and property of the person whom they trust, were it
not that the imaenary power of grasping the person of the
debtor, by means of the law of arrest, and of extorting
pay, by threat of bodily torture, whenever t' eir necessi-
ties, or their caprices, may require, has led them to run
the perilous risk of trusting unsubstantial characters with
their goods, sweetening that risk by an association with
larger and more usurious profits than ready money would
submit to, or sound credit would allow. The social re
sults of this great legal crime, or rather great legislative
blunder, which amounts to the same thing. is that com-
mercial morality is stained ; that humanity is outraged and
degraded ; that our gaols are crammed with individuals
rendered criminal by their incarceration ; and that there is
a waste of money in law-suits, of no use to any party
whatever, to the amount of two or three millions annually.
We subjoin the author's sketch of the various streams of
evil, domestic, social, and moral, flowing from this perni-
cious fountain head, becau-e they are exhibited in a form at
once brief, serviceable, and admonitory :

"My Lord,—l have, within the brief space of about seventy
Pages, shown—
" 1. That arrest for debt is a violation of our ancient con-
stitutional law.

" 2. That it is to the last degree iniquitous.
" 3. That by the tyrannical power given to one creditor, it
transgresses nefariously on the rights of others.
"4. That by favouring the swindler, and irretrievably in-
juring the honest debtor, it is destructive to all principles of
honour and integrity.
" 5. That by first inducing dealers to give credit, and after-
wards inv.-.!ving them in fruitless litigation, it is injurious to
commerce.

" 6. That the actual, expense it imposes on the community
amounts to a most inordinate taxation.

" 7. That by the evil passions and perverted energy which
it excites, religion and morality are outraged, and the national
character is degraded.
" 8. That by ruining and rendering destitute many thou-
sands of persons annually—by depraving and corrupting thou-
sands more, it is a fertile source, not only of misery, but of
disaffection to government, and every species of crime.
" 9. Notwithstanding this enormous load of it is proved
that the rights of creditors can be guarded, and commerce
carried on without any such measures, consequently this hydra-
headed and pestilent demon of the law is worshipped for no
better reason than because eight millions annually are depo-
sited on his altar, which income the high priests fail not to
appropriate, and will not easily resign."—Morning Advertiser.

EXTRAORDINARY TRIAL IN FRANCE.

The Court of Assize at Paris was last week occupied
for several days with the investigation of a case of alleged
robbery and adultery, which involved some extraordinary
circumstances. The prisoners were three in number,—
Champes, a married woman named Ruidiaz, and a lock-
smith named Gilbert. According to the indictment, it
appeared that M. Ruidiaz, the prosecutor, was a merchant
in an extensive way of business, and Champes was charged
not only with committing adultery with his wife, but also
with robbing him of a sum of 54,000 francs, a bank-note
of 1,000 francs, and several objects of value, a gold watch,
tar. Ruidiaz, it appeared, having fallen ill, was desirous
of finding some confidential person to look after his busi-
ness at Bordeaux, where be also had an establishment.
Champes pretended to be very much attached to his mas-
ter, and with this hypocritical pretence, he watched over
him while he was ill in bed, and while so employed, as it
was alleged, be administered to the patient a soporific be-
verage, under the operation of which Champes was en-
abled to procure the key of the chest in which the money
was deposited. He then had a new key made, and the
old one was replaced without its being discovered that a
model bad been taken. The wretched woman, it seems,
aided Champes in his criminal projects, and not only
assisted in the robbery of her husband, but also disho-
noured him. Gilbert was charged as an accomplice in the
robbery. Several letters were read from Madame Ruidiaz
to Champes, which, if not conclusive as to her guilt, left
little doubt of highly criminal conduct. In one of these
she admitted that she was pregnant, and hinted that the
pregnancy had arisen during the absence of her hush Joel.
Madame Ruidiaz, when introduced into court, excited con-
siderable sympathy from her personal appearance. She
stated that she was only 22, and possessed great beauty as
well as youth. The counsel for Chemises endeavoured to
show that the charge of adultery ought to be removed
from the indictment, on the ground that since the accu.
sation had been made, Ruidiaz had received his wife on the
same terms as before. The Court, however, decided that
the whole case should go to the jury. In the course of
the evidence it was stated that there were some grounds
for believing that Madame Ruidiaz had bad an improper
intimacy with her cousin, M. Drouin, when a mere boy;
but no proof was offered in support of the inculpation.
The only evidence to connect Gilbert with the robbery
was that a person answering his description had ordered a
key like that of Rnidiaz's chest, M. Ruidiaz deposed to
the state of destitution in which Cbampes, was when he
first met with him, and also to his having missed the sums
stated in the indictment, under circumstances of strong
suspicion against that person. He also deposed to his
having accused his wife of adultery, which she bad
scarcely denied. He, however, strongly denied that be bad
ever said be would be reconciled to her. The cousin
Drouin (whose appearance excited much curiosity) deposed
that Madame Ruidiaz had told him to get a key made like
that belonging to her husband's money-chest, and that he
had ordered the prisoner Gilbert to make it. Drouin ad-
mitted that he had formerly resided with M. and Madame
Ruidiaz, and that the reason he left them was because M.
Ruidiaz thought his bed was too near to Madame Rui-
diaz's parlour. The counsel for the prosecution in the
course of the proceedings insinuated that a writing-master
who had instructed -Madame Ruidiaz had been secretly
introduced into her bed-chamber, and that he had been ex-
pelled from the house by M. Ruidiaz : upon which the
counsel on the other side insisted that the person who had
made the statement should be called. That person having
been sent for, the question was put, but the witness un•
equivocally denied the statement. When this further ac-
cusation was made Madame Ruidiaz fainted, and the
evidence was frequently interrupted by her sighs. Champes
preserved the utmost silence, and seemed quite unmoved.
After the whole of the witnesses bad been examined, counsel
was heard on the part of Madame Ruidiaz. He contended
V•at though her levity might be great, M. Ruidiaz was
also t °blame for having allowed her too much liberty, and to
imbibe licentious ideas. Champes denied both adultery and
robbery, but his counsel, curiously enough, endeavoured to
show that be was guilty of the former crime, but that
there was no proof of the robbery. At midnight the jury
retired, and in half an hour acquitted the female prisoner
and Champes of adultery, but found Champes guilty of
knowingly receiving the sum of 1,000 franca. He was
however, acquitted of the charge so far as regarded the
54,000 francs. Gilbert was acquitted. Cnaropes was
sentenced to a year's imprisonment, and was besides
condemned to restore the sum of 1,000 francs. The
Court did not rise till 3 o'clock in the morning of the
third day.

ENGLISH WOOL.—The farmers in the neigh-
bourhood of Bromyard, Ledbury, and Worcester, have
nearly all bargained for next year's clip at 2s. per lb.
and have received part of the money in hand.—Hereford
Times.

EXPRESS FROM FALMOUTH.

(Private enrreepondence from the Times.)
LISBON, FEB. 15.

Since my last, under date the 9th inst., Don Pedro
went to the army, and returned again yesterday, not in the
very best health, having had an application of leeches this
morning, although at 10 o'clock this evening he is much
Fetter. A lard detachment of infantry and some Lancers
went np from hence to the army yesterday, and on Tues-
day they will be followed by the 800 Belgians who came
from England the other day, and who are very fine troops.
The state of Don Miguel's and Donna Maria's forces on
the Bth inst. was as follows, viz.:—..

DON MIGUEL'S.

Infantry. Cavalry.
Santarem
42 field pieces, 36 battering cannon.

South of the Tagus 3,000 800
North of the Tagus 7,000 300
Coimbra 2,000 300
A brantes

Total

20,400 2,250

DONNA MARIA'S TROOPS.

Infantry. Cavalry.
Count Saldanha's, the Duke of Ter-
ceira's corps, round Santarem
Oporto, including volunteers 8,500 200
The lines remain studded with artillery.
Castle of Leyria l,OOO 100
1,000 volunteers.
Setübal
Almada 550 10
Faro
Lagos
Marvao
On the way from Lisbon to the head
quarters before Santarem
Belgians going up
Troops, volunteers at Lisbon 3,800 160

Total 36,850 1,425
From which you will perceive that the Marvao people are
increasing their numbers rapidly. Miguel's troops in the
north, to the amount of near 4 000 men, under the com-
mand of Count or Baron D'Almer or D'Elmar, came
down to Coimbra, and from thence uniting with their
forces already there, they made a movement, for the pur.
pose of joining the folks at Santirem, which was, how-
ever, prevented by Count Saldanha. The headquarters
of the Liberating army are now at their former places.
It is true, as you will have seen by my former letter,
that there seems to be a very great dislike amongst many
people here to all Englishmen; but this to a great extent
may arise from jealousy ; but not so with the Aliguelites:
their dislike to us is genuine, and well rooted—they ima-
gine that but for us Donna Maria's cause would never
have succeeded, and it will be some time before this im-
pression is removed from their minds. From the above
considerations, I am induced to think that every other
means of putting an end to this unnatural and sanguinary
contest should be resorted to before we determine upon an
armed interference; and I cannot but feel persuaded that
the immediate recognition of Donna Maria as Queen of
Portugal by the Spanish government would go a very
great way towards it. I am happy to inform you that
this Govt rnment having at last been convinced of the
importance of such an event, determined on sending an
official agent to Madrid, in the person of M. De Moraes
Sarmento, who goes, after tomorrow, to Cadiz, on board
a steamer.

Lord Howard de Walden, our new Minister, arrived
yesterday, and a French corvette, reported to have on
hoard the Fr'nch Minister, the Marquis or Baron Mortier,
arrived this afternoon ; and a very great number of vessels,
sa d to contain more troops and the long expected stores
from England, are said to be off the bar, and will, in this
event, be in to-morrow morning. The mail of the 7th
from London is just in, but I have mot yet received my
letters.

FEB. 16.—The packet is going in about an hour's time,
and I have further to say, that I understand, frem very
good authority, that after the victory obtained at Leyria,
when Count Saldanha was still there, he received orders
from the Minister of War, Friere, to advance upon
Coimbra; and having r presented that it would not be
convenient to take that position, Friere ordered him to
come immediately to Lisbon. As soon as the Count
received this order, he wrote to ask the Duke of Terceira
to take the command of his division. The Duke imm,
diately sent Mozinho d'Albuquerque to Lisbon, to point out
to tee Emperor the danger of Saldanha's giving up the com-
mand of his division. When this became generally known
throughont the army, the commanding officers the dif-
ferent corps went in a body to the Count, to insist on his
retaining his command, and to menace that they would put
him under arrest if he attempted to give it up ; and they
even offered to send two of their number, with two com-
panies of grenadiers, to Lisbon, to put an end to (acabar)
the Minister of War. The official letters that passed be
tween the Count and the Minister of War are really curi-
ous. Friere tells him that it was the Emperor that wished
him to be deprived of his command. It is well known
that Saldanha's and Friere's views on a very delicate ques-
tion are widely different.
The Miguelites have nearly evacuated Figueira, having
only left in garrison a few militia men. These people
might now take it with very trifling, or, perhaps, no loss
at all, if they thought proper ; but I dare say that they
will neglect to do it. General Macdonnell was still at
Figueira on the 11th inst., without being able to get away
for England.
It is also reported that Napier has taken Salvatierra, and
made some prisoners ; but if General Lemos did actually
cross and reach Santarem, I know not what Mignelite
troops ►,here could be at Salvatierra.
The Emperor has again intrusted a command to the
Duke of Terceira, who will have 5,000 men with him,
and it will be called the right wing of the Liberating
army. Count Saldanba will command the left, an d
General Stubbs the centre. This was de:ermined upon
last evening, as well as that a simultaneous attack on
Santarem should very shortly be made. We shall see.
Since writing the above, I have seen an English gentle-
man who has just come up from Santarem, a man by no
means likely to say more than what is actually the fact,
and be assures me that the Miguelites have during the last
six days been losing in their hospitals from 85 to 90 men
per day, one day as many as 102, from the prevailing
fevers there, which went very materially to discourage
them. A 9 a proof of the high opinion which Don Miguel
and his men have of the courage and daring of the Duke
of Terceira, as soon as they found out that he had as-
sumed the command of the forces before Santarem, their
guards and patrols were doubled. The moment that he
left the command they resumed their former practice.

BRIGHTON.—There is a meeting to be held
at the Town hall here on Monday next, with a view of
ascertaining the feeling of the inhabitants as to the pro-
posed incorporation of this borough. It is expected that
a very strong opposition will be made to any alteration
intended on this subject.
COURT OF COMMON COUNCIL.—A Court
of Common Council was held yesterday for general busi-
ness. The Remembrancer reported sundry applications
which had been made to Parliament likely to affect the
City's interests, upon which they were referred to sundry
Committees. Several reports and petitions for leases were
agreed to.
It is not commonly known to what a prodi-
gious extent money has been invested by foreigners in
United States loans and other undertakings, owing
without doubt to the very high credit enjoyed by that
Government, as well as to its being placed out of the
reach of disasters which in Europe are contently disturb-
ling public credit. The debt of the United States being
now nearly all redeemed, the same preference seems to
have been established in favour of the stock and other
securities of the separate states of the Union, in all of
which much foreign capital will be found to have been
placed. We have seen a list of the amount held by fo-
reigners in the various securities issued by the state of
Pennsylvania, consisting of loans and canal undertakings,
under the guarantee of the local government. The total
quantity of stock thus created forms a capital of
16,463,660 dollars, of which 9,301,711 dollars (much
more than one half) is held by foreigners. Of the other
states we have seen no precise return, but the proportion
is no doubt very great, though the northern states, as
longer established and better _administered, appear to ob-
tain a decided preference.
BLACK SWANS.—These beautiful birds,
which are known to be natives of New Holland, are dif-
ficult to be procured even in their native swamps, and can
only be secured alive when young. They are then sent
down to Sydney on the backs of natives—a journey which
often proves fatal—and as much as ten pounds a piece
have been refused for them on the spot. A gentleman,
who has recently returned, took charge of four, one of
which was killed in a storm off Cape Horn. The other
three were brought alive to the London Docks, but unfor-
tunately they were permitted to swim in the waters of the
Docks, for the purpose of clearing their feathers from the
salt water. The poor animals drank the water, which is
impregnated with copperas and other deleterious matter,
and the consequence was that they all died the ensuing
day, after having survived the perils of a most boisterous
voyage. The most acceptable present to the aristocracy
of New South Wales would be a pair of white mane.

COURT CIRCULAR.

The King gave audiences yesterday to the Archbishop of
Canterbury, the Earl of Belfast, Earl Howe, Sir J. Kempt, and
Sir James Cockburn.

The Queen honoured the performance Of the Revolt of the
Harem, at Covent-garden Theatre, last evening, with her
presence. Her Majesty and suite arrived in two carriages
soon after seven o'clock, at the private entrance, where a
Guard of Honour (of the Foot Guards), were on duty. Mr.
Lee, the High Constable, and Messrs. Smith and Gardner, the
principal officers of police, were in attendance. Her Majesty
was attended by the Earl of Denbigh (Lord Chamberlain to the
Queen), Earl and Countess Brownlow, Viscount and Vis-
countess Falkland, and Miss Hudson.
The Duke of Cumberland, the Duchess of Gloucester, and
the Princess Sophia, visited their Majesties yesterday.
The Princess Augusta and a select party dined with their
Majesties on Wednesday.evening.
The Duke of Cumberland honoured Sir Colquhoun Grant
with his company at dinner on Wednesday evening. There
was a select party to meet his Royal Highness.
Monsieur Van de Weyer, the Belgic Minister, arrived in
town on Wednesday. His Excellency had an interview yes-
terday with Viscount Palmerston at the Foreign-office.
Prince Talleyrand and Baron Bulow, the Prussian Minister,
had interviews with Viscount Palmerston at the Foreign-office
yesterday.
The Chevalier de Mattos, the Brazilian Minister, visited the
members of the Royal Family yesterday, to take leave. His
Excellency was accompanied by Senhor A. Ribeiro, the new
Brazilian Minister.

FASHIONABLE INTELLIGENCE.

ARRIVALS AT CHELTENHAM,

Right Hon. Lord Seagrave ; Countess de Wal4rstorff;
Ladies Cockerell, Cromie ; Sir William and Lady Hick. ;
Colonel and Mrs. Hopkinson ; Majors Hodgson, Cadogan
and family, Montgomerie, Bragge; Captains W. H. Penny,
Tinling, Pettat, William Baker; Rev. Messrs. S. T.
Gully, Winniatt ; Messrs. and Mesdames Kennedy, Guy Eve_
red, Grange and family, Roughton, Somers; Messrs. Green-
away, Strafford, John Forbes, Neyler, Wood, Thomas, Daly,
Spurrell, Brown, Domville, Mereweather, Bristowe, Clayfield
Holford, Mant, Watson, Croome and family, Barnard, Beevi;
Cowrie, H. Bromley. Douglas, Huddlestone, B. Maurice, Har:
nage, Beamish, Rogers, Hopner, Barrie, W. Jones, Burbridge;
Mesdames Crickett, Anderson ; Miss Hampton, &c. &c.