The Sun.
London, England, 1851-11-26 00:00:00

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LONDON, WEDNESDA Y, NOVEMBER 26, 1851.

Literature and Art appear to be in a fair way of
obtaining at lest a recognition of their rights
throughout the more civilized countries of Christen-
do a. Talent must in the ordinary course of
thi igs become marketable, like other valuable
com nodities ; and gcnius is at length obtaining
prospect of something more substantial than
me -e tame as a reeernrense. For many years
the evils of which we are about to witness the
tarty, but, we true', the effectual dissipation, bad
been notorious to all reformers gifted even with a
moderate amount of intelligence. Hence arose an
agitation which
.revealed the hitherto unsus-
weted powers m Parliamentary oratory of
and classic dramatist who has
b created a Judge, and of that
)mprehensive intellect from which
ell some of the most remark-
'orks of our generation. It is
1:1k that there is, now-a-days, some

THE SUN,

prospect of fruition to those germs of improvement
in regard to the question of international copyright,
which were nurtured in the first instance by these
two distinguished men of letters. After the lapse of
so many years of what seemed to be merely una-
vailing regret, the fact referred to must prove emi-
nently agreeable to Sir THOMAS NOON Tar.-
FOURD, lint., now that he has not only
been endowed with the bay but with the
ermine : nor will the intelligence prove, we are satisfied,
less acceptable to Sir EDWARD BULWER LYTTON,
Bart., now that an author unsurpassed in popularity
has been numbered amongst the ranks of the landed
aristocracy of England. Elsewhere will be found
published in our columns, the most important articles
contained in the Literary Treaty about to be ratified
between the French and the British Governments.
From that document it will be perceived that there
is everything promised which can at all
tend to the advantage, not only of the au-
thors and artists of the two countries, but to
their dramatists, in like manner, to their musical com-
posers and their publishers. So comprehensive in-
deed, is the nature of the aid about to be extended by
these powers to the important classes above enume-
rated, that in the very first article of the treaty we
find particularized as the objects of the proposed
change, books, dramatic works, musical compositions,
drawings, paintings, sculptures, engravings, and
lithographs, with every other conceivable production,
whether of the fine arts or of, literature. Surely
the project, therefore, which we are here commend-
ing to general admiration, is in no respect exclusive,
or narrowed to an inadequate circumference. It em-
braces within its ample range every intellectual crea-
tion entitled to such assistance.
Once carried into operation, the artists and the
literati of the two greatest countries in Europe will
be endowed with rights and privileges singularly
calculated to forward the cause of their reciprocal
advancement. We shall then see an end of that de-
testable system. of piracy which on either side of the
Channel has tended to rob these cultivators
of taste and of knowledge of the pecuniary benefits to
which, of all men, they are of course the most indubi-
tably entitled. Thenceforth no spurious editions of
the popular writers of France will be foisted upon the
English community, to the author's injury both in
pocket and reputation. Thenceforth no cheap tran-
scripts from the most remarkable effusions of our own
men of letters will be disseminated among our neigh-
bours in a manner equally detrimental to the victims
of this nefarious scheme of plunder. Translations,
moreover, will, under the shield of this humane
treaty, become more satisfactorily authenticated.
BERANGER will scatter his " Songs" among the
homesteads of Albion, and MOORE his Chansons among
the cottages of Normandy, without witnessing the
golden results of their lyrical genius tinkling into the
hands only of the deliberate and remorseless pilferer.
Macaurty's Ilistoire d'Angleterre and LAasARTINE's
" History of the Restoration ;" DICKENS'S Vie de
Copperfield, and HUGO'S "Last Days of a Con-
demned" will tend alike to secure to their respective
authors a remuneration in some instances scarcely in-
ferior to that obtained on the occasion of their original
appearance.
From the second article in the Treaty it will be
seen that the protection granted to works in the
language of their writers will in like manner be ex-
tended equally to translations. This protection,
however, is only granted under certain restrictions
or provisoes. It will confer a right of translation
upon the first translator of a work, only upon
particular conditions. What those conditions
are may be very readily explained. "The author
of any work" (says the third article of the
Treaty) " published in one of the two countries, who
shall have declared his intention of reserving his right
of translation, shall, from the day of the first publi-
cation of the translation of his work, authorised by
him, enjoy during five years the privilege of protec-
tion against the publication of any translation of the
same work unauthorised by him, in the other coun-
try, and this on the following conditions :-Ist. The
original work shall be registered and deposited in one
of the two countries within a period of three months
from the day of the first publication in the other
country. 2dly. The author must have declared his
intention of reserving to himself the right of
translation on the title-page of his work. 3dly.
At least a part of the said authorised translation
must have appeared within a Sear of the
date of registration and deposit of the original ; and
the whole of it must have appeared within the space
of three years from the date of the said deposit.
4thly. The translation must have been published in
one of the two countries, and he registered and depo-
sited as directed in Art. 8. As regards works pub-
lished in parts, it is sufficient that the declaration by
which the author reserves his right of translation be
expressed in the first port. Nevertheless, in so far
as regards the period of five years assigned by this
article to the author for the exercise of his privilege
of translation, every part shall be considered a new
work ; each shall be registered and deposited in one
of the two countries within three months from the
day of its first publication in the other." The ar-
rangement here projected is sufficiently important
of its kind to warrant us in making the above
lengthened quotation. With reference, again, to the
protection extended to dramatic productions, it is as
well to observe that it is determined by the fourth
article of the Treaty, that " in order to have a right
to legal protection, in so far as regards the translation
of a dramatic work, the author must publish his
translation and deposit of the original work. It is
understood that the protection stipulated by the pre
sent article is not intended to prohibit bond fide imi-
tation or the adaptation of dramatic works to the
respective theatres of France or England respectively;
but only to prevent printed translations." Such are
the more remarkable features in the interesting docu-
ment referred to, a document realizing, in regard to
France at least, some of the aspirations most ear-
nestly cherished by those who have long been pecu-
liarly interested in furthering the cause both of Art
and of Literature.

Mr. RANISHAY has been removed from his office as
Judge of the County Court of Liverpool, by order of
the Chancellor of the Duchy of Lancaster. Such is
the decision of the Earl of CARLISLE on the memorial
presented to him from Liverpool, after the pro-
tracted and dispassionate inquiry recently held at
Preston respecting the accuracy of the allegations
contained therein. We can easily conceive the deep
pain with which that amiable and accomplished
nobleman arrived at the conclusion that he
could not, in the conscientious discharge of
his public duty, permit Mr. RAMSUAY to retain
the situation to which he had been appointed
by Lord CARLISLE himself within a comparatively
recent period. It would be at best a disagreeable
task to pass such a sentence on any educated gentle-
man, but doubly so when the party was a personal
friend, whose family had rendered long and faithful
services to that of the Noble Earl.
No alternative, however, remained. The charges
actually established proved beyond the possibility of
doubt that Mr. RAMSHAY was not fitted for the dis-
charge of the important and arduous avocations of
his office. We are willing to believe that his unfit-
ness was produced by ill health, under which the
Learned Gentleman has been suffering for a consider-
able period, which materially increased his natural
irritability, and deprived him of the imperturbable
jpuadt ieicni
acle
fsuo n Essential
toi,s
m ot
roe t
ehsep e dc
ivael performy
n thea nlcoecao the
lf
tri-
bunals, where, from the absence of duly qualified
advocates, it is subjected to the most stringent tests
almost daily.

Had there been a bar in constant attendance in
the County Court of Liverpool, it is scarcely possible
to such
that Mr. RAMSHAY would have given way
ebullitions of ill temper as those in which, unfortu-
nately for himself, he occasionally indulged. There
was no check, no restraint sufficient to keep him
within bounds. The occasional attendance of a bar-
rister, who only awaited the disposal of an isolated
case in which he was retained, and which was brought
on at the earliest possible opportunity to suit his con-
venience, could have no permanent effect. The
judge literally found himself " monarch of all he
surveyed." He did not see before him, at all times,
an independent and manly body of gentlemen, who
would fearlessly expose any dereliction of duty
or undue assumption of power. He found him-
self or, perhaps, in the case of Liverpool,
it may be more correct to say supposed himself at

LONDON,

liberty to follow his own ♦agaries, however extra-
vagant. He formed an idea far too exalted of the
dignity of his office, and from the very extensive
powers confided to his hands by the Legislature, he
almost fancied himself a judicial despot, the announce-
ment of whose mere will and pleasure should be re-
ceived -with abject submission by all who came
within his jurisdictions. He has found himself mis
taken, but he is the first victim of the attempt to
conduct the law business of the country without
the assistance of barristers or attorneys, for neither
are essential in County Court proceedings—and also,
in the generality of cases, of vigilant reporters for an
independent press.

We shall not be considered as unduly favouring
Mr. RAMSHAY, against whom we have spoken honestly
and fearlessly when his conduct really merited cen •
sure, in defending the Earl of CARLISLE from the
accusation, which has been put forward by some
of our Contemporaries, of having appointed an un-
qualified or incompetent person, or, in other words,
of having most improperly disregarded the
public interests through undue favouritism and
an anxiety to exercise his patronage i❑ favour of a
personal friend. Mr. RAMSHAY is a member of the
bar of no less than 18 years' standing. Before his
appointment he had very considerable business on
circuit, and enjoyed among his brother barristers the
reputation of being an acute and able counsel. He
had perhaps a higher character, not only in the
profession but among the public generally, than
nine out of ten of the County Court
Judges throughout the country; and were it
not for the circumstances hereinbeforementioned,
and for the extraordinary delusion under which he
laboured, that he could carry matters with the high
hand, he would have made an efficient and useful
judge. As it is, we regret that any gentleman should
have placed himself in a predicament so exceedingly
unpleasant, or imposed a duty so painful on the
Noble Earl by whom he was appointed, and to whom
he at least owed a debt of gratitude for long-continued
friendship and kindness.
It has been hinted that Mr. RAMSHAY will not
submit to the decision without a further attempt at
justification—that he will, so far as lies in his
power, appeal against the judgment of the Noble
Earl. Nothing can be stronger than the
words of the Act (9 and 10 Victoria, c. 95).
The 18th section is to the following effect:—" And
be it enaoted, that it shall be lawful for the said
Lord Chancellor, or where the whole of the district
is within the Duchy of Lancaster, for the Chancellor
of the said duchy, if he shall think fit, to remove for
inability or misbehaviour any such judge already ap-
pointed or hereafter to be appointed." Now, it will
be seen that where the whole of the district is within
the Duchy of Lancaster the Chancellor of the
duchy may remove any judge for " inability or
misbehaviour." The dismissal may be justified on
either of these grounds, and from the entire circum-
stances of the case it is manifest that it will be placed
upon the latter foundation. The interesting question
will then arise, whether the judgment of the Chancel-
lor of the Duchy for the time being will be considered
final and conclusive, or whether the Court of Queen's
Bench will review it under a writ of quo warrant°.
We shall not at present, and while the question
is still unsettled, enter into any discussion on this
point, suffice it to say, that we are perfectly satisfied
with the judgment which the Noble Earl, with the
assent and under the advice of his Learned Assessor,
Mr. ELLIS, Q.C., has pronounced. Lord CARLISLE,
at least, has completely vindicated his own cha-
racter, and placed himself beyond the possibility of
doubt or impeachment; we only regret that Mr.
RAMSHAY could not come off with equally flying
colours.

THE FRENCH REPUBLIC,

We have received the Paris journals of yesterday.
At the conclusion of the sitting of the Assembly on
Monday, M. CRETON demanded explanations from
the Ministers of Justice and of the Interior, on the
subject of the plot against the Executive, alleged by
the Constitutionnel to have been on the point of ex-
plosion on the Monday preceding. The Hon. Repre-
sentative denounced the writer of the article, M.
GRANIER DE CASSAGNAC, in strong terms. The Mi-
nister of Justice, M. DAVIEL, did not give a direct
answer to the question, but contented himself with
declaring that he was not responsible for rumours or
newspaper articles, whereupon M. BERRYER rose,
and, after observing that it was evident that M. DA-
VIEL had misunderstood the interpellations, he pro•
ceeded to address the Minister as follows :
" You are at the head of the department of Justice,
and you hold all the judicial reports; has anything come
before your eyes to indicate the reality of such a plot?—
(Hear, hear.) If you have any thing, do not fail in your
duty; demand from the Assembly the necessary autho•
risation to institute proceedings. No considerations for
any one ought to be shown; it is merely a question of
the accomplishment of your duty. A conspiracy has
been pointed out; every information, every report must
have reached you; if you have any suspicion, any indi-
cation sufficient to seriously occupy the attention of the
country, do your duty firmly; apply, I repeat, for an
authorization to take the necessary proceedings, and
those whom you will thus tend to inculpate will more
than meet your wishes."—(Cries of " Hear, hear," and
prolonged agitation.)
"M. de Thorigny, the Minister of the Interior—l
agree with M. Berryer, that it is not by interpellations
to the Ministry that the present matter should be pro-
ceeded with. The Assembly knows the extent of its
powers; what it had to do was to put questions to him
who believed in the existence of the plot.—(Exclama-
tions on the Right.) I am astonished that the Assembly
should so receive what I have said ; I have merely re•
minded it of the power which it possesses of calling to
its bar such persons as insult its dignity. Using the
expressions of M. Ci icon himself, we candidly and
frankly declare that we do not believe in the existence
of any conspiracy. Had our opinion been different we
should immediately have demanded authorization to
commence proceedings against those who dared to dis-
turb the public peace. We should have performed our
duty without b••lng stopped by any consideration."
The Constitutionnel, in allusion to the speech of M.
CRETON, publishes the following note, signed by M.
GRANIER DE CASSAGNAC

" An interpellation was made yesterday in the Legis-
lative Assembly by M. Cre:on, relative to the article
published in the morning by the Constitutionnel, and
signed with my name. M. Croton was not afraid to ex-
press himself in the tribune in such terms that I have
not to reply to him here,"
MM. MONET, DEL AROCEIEJAQUELEIN, and VICTOR
LEFRANC have presented an amendment on the Com-
munal Electoral Bill, proposing to reduce to one
year the length of residence required for all French-
men not born in the commune.

MM. MIOT, RICHARDET, GREPPO, and LAROIILAYE
have presented a proposition, having for object to re-
place M. PRADIE'S proposition, on the responsibility
of the PRESIDENT of the Republic and his Ministers.
It runs thus :

"All persons who shall bavo conspired, or abetted a
conspiracy tending to a royalist or imperial restoration
shall be tried with the least possible delay before the
High Court of Justice. When convicted of the crime
of conspiracy, they shall be immediately placed hors la
loi. In addition, they shall be condemned to a fine, the
minimum and maximum of which shall be the one-half
and three-fourths of their fortune. Prescription against
such punishment shall not be available until after a
period of 25 years, dating from the day en which the
crime shall have been committed. The execution of
the present law is confided to the patriotism of all
Frenchmen."

The Russian General, KIEL, has died in Paris. lie
was employed by the Emperor NICHOLAS in directing
works of art in the Russian empire.
The Bourse was still agitated. The Five per Cents.
opened at 91f. 5c., rose to 91f. 20c., fell subsequently
to 90f. 85c., and awed at 90f. 95c. for the end of the
month; the Three per Cents. closed at 56f. ; Orleans
Railroad Shares, 877 f. 50c.; Rouen, 577 f. 50e.; Havre,
212 f. 25c.; Great Northern, 463 f. 75c.; Avignon, 210 f.;
Vierzon, 435 f.; Basle, 151 f. 25c.; Bordeaux, 3771. 50c.;
Paris and Strasburg, 366 f. 25c.; Tours and Nantes,
256 f. 25c.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE

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