The Sun.
London, England, 1833-10-14 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

We have given elsewhere, under the proper
head, all the information which our own re-
sources, the country papers, and the papers of
the country supplied us with last night, touching
the fortunes of the existing warfare in Portugal.
These contributions, it will he seen, are com-
posed of details of more or less interest, but con-
taining, it must be admitted, but little that can
be called really important. Perhaps the only an-
nouncement which can claim particular notice is
that of the capture of Obida and Torres Vedras
by Don Pedro's General, a circumstance of
moment, as showing at once the buoyant spirit
of theConstitutionalists and the diminished
strength of the Miguelites. From this it is likely
to result that the Pedroites will become the ac-
tive parties in an aggressive warfare. The epos-
tolical guerillas are still committing the greatest
excesses in the Algarves. The resignation of
Bourmont is now placed beyond all controversy.
His retirement is said to be occasioned by " dif-
ferences of opinion with the King as to the mea-
sures to he taken in the present condition of the
country," but is well known to have been
prompted by his despair of success of the
Usurper's cause. It appears that Don Carlos
was actually negotiating with Admiral Parker
for a passage into Italy when he received the
news of Ferdinand's death, and of course altered
his plans. Bourmont is now with him in Spain,
but the latter had thrown up his command in
Miguel's army ten days before he heard of the
death of the King. All was quiet and confi-
dence in Lisbon, and no stronger proof can be
adduced of the disposition of the people, than
that in a city containing 200,000 inhabitants,
and under all the excitement of a disputed title
between two members of the same family, and a
civil war actually raging, about 300 police con-
stables are deemed sufficient to maintain the
peace of the place. The disposable military force
within the lines exceeds 26,000. No military events
of the slightest consequence had occurred in the im-
rn-diate neighbourhood of Lisbon up to the dates of
these despatches, and before Oporto the campaign
appears to have lost all its efficiency. The Miguelites
are still in force before the place, but it is considered
as in every respect able to protect itself. Upon all
hands, therefore, the Portuguese squabble, though it
may last a little longer, may be considered as already
decided.—Morning Herald.
A pamphlet of rather a novel character has been
sent to us; it is an appeal to the press,—from whom
or what we shall be asked. Why, from the Auto-
crat of the Russias, who, in the person of some one
cf his official servants, has actually employed at
last a different instrument from the bayonet as a
mediator between his Imperial Majesty and the
rest of the human species. Now, this composition,
entitled, " Russia as it is," though smacking largely
of the flavour of its 11,11 n covite origin, being at once
parasitical, boastful, insolent, and grotesque, is, it
cannot be denied, a homage to the public opinion
of Great Britain—an index on the part of Russia of
improved civihntion, and as such deserving of tem-
perate and merciful treatment. It is pretty obvious
that whatever indulgence the encroaching spirit of
the Russian Government has long experienced from
that of England, the general mind of this country,
and the press which is its organ have not been
actuated by much desire to leave to the Czar or his
foreign policy an unmolested course of aggrandise-
ment. At no period since the first workings of the
Holy Alliance became visible, were the mass of the
British nation withheld by any motives but the moral
one of averting a general war, as long as might
be compatible with their own immediate safety,
from resisting directly and effectually the ambitious
schemes of Russia. The cases of Turkey and of
Poland were strong temptations both with France
and Great Britain to interpose, but those two
Courts were restrained by a pardonable reluctance
to extend the field of warfare throughout Europe,
or to prolong its duration. It must be admitted,
however, by Russia and her advocates (which be-
yond the soil of Russia are nowhere found) that
very little, if any, of the reprobation bestowed on
her has been aimed at her domestic policy, charac-
ter, or habits. We have no right, and we disclaim
tie pretension, to meddle with the fitness of the
monarchical cr despotic principle of government for
the bulk of a rude and backward people. It is plain
to common sense that a constitution like that of
England, if suddenly transplanted into Russia, might
produce the most bitter 1 uits. Free institutions
flourished among our Saxon ancestors, because
they had been handed down from ages, wherein
the population was small arid the territory narrow,
until the one increased and the other multiplied,
and the laws and usages partook of an homo-
geneous character. But if the Russians be, in
fact, content with their own servile state, and whh
the arbitrary and peremptory nature of the dominion
exercised over them, the probability is that they
would be but indifferently qualified for any share in
a representative constitution, and that any event from
without which forced it on them might prove a se-
vere disaster. The real ground of censure upon
the Ccurt of St. Petersburgh is, that it refuses to
abide by the same rule of which in its own case it
claims the fullest benefit. Deprecating all interfe-
rence with itself, it interferes with all the world ; it
grasps whatever it can subjugate, and what happens
to be placed beyond the reach of its arms it ha-
rasses, threatens, and torments. There is not a spot
throughout the civilized or uncivilized earth where
Russian agency is not felt in warping and embroil-
ing the natural relations between state and state, be-
tween Government and people. It is towards the
foreign operations of the Russian Autocrat,—his
war policy, and his anti-liberal policy, that the at-
tention of England and France has been almost ex-
clusively drawn; against which, opinion in both
countries has been excited with the greatest suc-
cess and jusTice, and which marks the Cabinet of
St. Petersburgh as one which would be equally
dangerous to the independence of other Powers,
and to the civil rights of free citizens every-
where, if, happily for mankind, the intrinsic weak-
ness of Russia for everything but defensive, that is
to say legitimate, purposes, were not as unquestion-
able as the jealous mystery with which she strives
assiduously to envelop and conceal it. These ob-
servations have suggested themselves to us from
finding, as we turn over the pages of the pamphlet
referred to, that the writer dexterously avoids all
answer to the frequent attacks which have been
made upon the schemes of Russia for the aggran-
dizement of her own territory, and for the suppres-
sion of political right and of the spirit of liberty in
every other, and confines himself to the personal
character of the Emperor and to the domestic laws
and mariners of the Russian people,—points which
are Confessedly not without interest in themselves,
but mhich have been no more than incidentally
touched upon in those political discussions which
the offensive conduct of the Russian Government
has provoked in sundry parts of Europe. We ex-
tract some curious and valuable passages, descriptive
of the internal classes, authorities, and institutions: of
the country, Just hinting, as we Pass, that they i
are
one and but tolerated by the Autocrat so log a
it suits his pleasure, and that under such a Govern-
ment " /lie laws, however numerous, are but so
many card houses, which an arbitrary sovereign
may, on the first impulse of capricious:despotisna,scat.
ter to the winds. We leave unnoticed some arro-
gant nonsense about the prodigious power of the
Emperor, as we do some hypocritical and disgust-
ing rubbish in the nature of panegyric upon the
Emperor's " humanity !" towards Poland. But al-
together, for a first attempt at utterance through
any organ but the muzzle of a musket, this Russian
discourse is not an unfavourable symptom of what may
come hereafter. Our quotation finishes with an
apostrophe to the " forbearance, benevolence, tole-

ranee, and greatness of soul which have
distinguished
the Monarchs of Russia," which seems, to us at
least, a very original passage :
" The Russian nation is divided into five classes, each
class possessing rights and privileges, according to their
rank.
" Ist Class—The nobles ; composed of princes, counts,
barons, and gentlemen, all styled dvoriunnee or noble-
men, who are entitled to buy or sell lands with peasants
attached to them. The only distinctions amongst the
nobles are ranks and titles ; in all other respects they are
equal. All the children of noblemen enjoy the same title
as their parents, there being no established law of primo-
geniture in Russia. At the death of the father, the law
gives his widow one seventh part of all his immoveable
property, such as lands, houses, peasants, &c., and one-
fourth part of all the personal or moveable estate. After
the widow's claims are satisfied, the daughters each take
a fourteenth part ; the residue is then equally divided
amongst the sons.* A free man, not born of noble
arents, must obtain the rank of Lieutenant in the military
service, or major in the civil service, before be is accounted
noble ; but if he be born of noble parents, though he should
be a common soldier, he may enjoy the rank and privileges
of a nobleman. No nobleman,however high his rank,can treat
his peasants cruelly or extort illegal labour and taxes from
them with impunity. For high crimes and misdemeanors
lie is as much amenable to the laws as the vassal. He is
however, exempted from corporeal punishment, and must
be tried by his Peers. After being degraded by a Court
of his Peers, the common Court passes sentence upon him
of exile to Siberia, either to colonize and work the ground
as a peasant, or else to hard labour in the mines for life. High
treason is the only crime in Russia punishable with death,
and that very seldom. In every province the nobles elect
their own marshals, who are in fact their representatives,
and are empowered to settle all affairs between them and
the Government. Each district chooses a marshal, and
the province elects a marshal-in-chief, who resides at the
capital town, in order to he near the Governor and other
local authorities, with whom he can morefreely com-
municate. The not.les have the right of meeting to-
gether, end forming an assembly, for the purpose of de.
liberating on all affairs of importance. They choose a
president from among themselves, and they have also the
right of petitioning the Emperor, through the Governor
of the province. In those assemblies they elect their own
Judges for the Court of Justice, as well as the Justices of
the Peace. They have also the right of petitioning the high
Senate and are permitted to collect and employ funds for the
encouragement and advancement of all useful objects with-
nut control, and are not amenable to any Court of Justice.
There is a register kept by them of the names of all the
nobles of the province, and they are bound to pay a cer-
tain tax to assist the service of the post, and to keep the
roads in good repair. Should any of those assemblies
address a petition to the high senate that is illegal, or in
other words, contrary to the existing laws of the empire,
they are liable to a fine of 200 roubles. The empire is
divided into about fifty provinces, each possessing a popu-
lation of from 300,000 to 1,200,000 souls. A civil
govereor, with a vice-governor, are appointed to preside
over each province; and some two or three provinces
have general or military governors. In every province
there is an executive council, composed of two counsellors,
an assessor, &c., of which the governor is president. They
are named by the high senate, as likewise an advocate,
called in Russia a procuror. This last-named officer pos-
sesses the right of examining, wliensver he pleases, all the
acts of the Government of the province, as well as those
of the police, to oppose illegal proceedings, to protect
against them, and prevent their execution. Whenever
his interference is disregarded he sends his protest direct
to the high senate. The procuror, being independent of
the authorities of the province, and responsible only
the Minister of Justice and the Senate, is a strong check
against partiality and undue influence, in cases of dispute
amongst the citizens, or in criminal causes where power
and riches attempt to interfere or prevent the re-
gular course of justice. That these checks should
sometimes fail, in Russia, is not surprising, since there
is no country of the globe where riches do not exercise
occasionally undue and mischievous influence. In
Eegland a rich man will carry a suit into Chancery, and
ire down a poorer adversary, or exhaust his finances, and
oblige bins to quit the field. When only the mere ex-
pense is taken into consideration, lawsuits cost much less
in Russia than any other country of Europe, Prussia ex-
cepted, where there is the strictest regard paid to justice,
and causes are decided with an activity and vigilance truly
exemplary. But to proceed with my subject. There is a
civil and a criminal court in every province. The presi-
dent, and two assessors of the criminal court, are elected
by the nobles, and the counsellors are appointed by the
senate. Each province is divided into from seven to
twelve districts, every district having its court of justice
composed of a judge and two or three assessors chosen by
the nobles, and one or two elected by the citizens. There
is also a court of administration, for the property of widows
and orphans of noblemen, whose president is the marshal
of the district, and consists of a district judge and two
counsellors. The justice of peace of the district likewise
has his court : he is appointed by the nobles, but his two
assessors are elected by the Crown peasants. In every
town there is a police master, appointed by the Govern-
ment, who has also his petty court of justice, where
causes are decided verbally ; besides the magistracy, com-
posed of a magistrate and two burgomasters, chosen from
amongst and elected by the citizens. This is a court
of the first instance, where all causes and disputes are
tried and decided, which arise amongst the citizens, or
between them and the nobles. To it is ale ays annexed
an orphan's court, having a magistrate and two coun-
sellors, chosen from the members of the above mentioned
court. In every province there is also a court of equity,
named in Russia a court of conscience, consisting of a
judge and two deputies, chosen by the nobles, two deputies
appointed by the citizens, and two deputies elected by the
peasants. The elections of the presidents of the higher
courts, and the provincial marshals, must he confirmed by
the Emperor. It is, therefore, customary for the nobility
to elect two candidates, and the Emperor confirms one of
them, whichever he pleases. All the officers elected must
be confirmed by the Governor-General, and where there is
no Governor-General, by the civil governor; but they are
not authorized to reject the candidate offered to them,
sinless lie be a man of bad character, whom the laws have
already disqualified from ever serving in any public capacity.
The electicns are held every three years. When any one
is dissatisfied se ith the decision of a court of the first
instance-, he appeals to a higher one, and so on, until he
comes to the senate: from thence the ultimate appeal is,
through the privy council, to his Imperial Majesty. The
Crown peasants, in their villages, elect their own sturos-
tas,t elders or head men, from amongst themselves, who
act as magistrates. Petty disputes, &c., are always decided
by them, with a great deal of justice and impartiality; so
much so, that appeals are rarely made to higher tribunals,
except when they involve some intricate law points or
great criminality.
" 2d Class.—Consists chiefly of merchants, who are
divided into gilds or ranks, according to the amount of
trading capital they exhibit for taxation. Those of the
first gild declare a capital of 50,000 roubles; the second
gild 20,000 roubles; the third gild 5,000 roubles, and
so on. The merchants, citizens, anti mechanics of every
town, have their corporations, and elect their own magis-
trates. They have also a commercial court. They are
not bound to give recruits from their own body, but to
pay a certain sum to supply them to the Crown ; and
they pay no capitation tax, but so much per cent. on the
amount of their declared capitals. The laws allow them
to buy and hold lands, houses, &e., but not vassals.
They can trade throughout the empire when provided with
proper passports.
o3d class.—The peasants. These are composed of
Crown peasants, or free farmers, and vassals. The free
farmers, or Crown peasants, amount to about 50,000 or
60,000—men who have obtained their freedom by mu-
tual agreement between them and their lords, and whose
rights have been confirmed to them by the Crown. They
occupy lands which have been given or sold to them, and
of which they are the owners, having the power to sell
or dispose of them in any way they think proper. A
Crown peasant pays no land tax, nor any but a capitation
tax, and he is subject to none but the public authorities
of the province where he resides. Vassals cultivate
the lands belonging to their lords, are attached to
the glebe, and cannot be alienated from it. All de-
scriptions of peasants are bound to furnish recruits ;
the free farmers do it by turns, and the vassals by
the nomination of their starostas, with the consent of
their Lords. The law obliges every proprietor of vassals
to furnish them with a sufficient quantity of land for their
own use ; they work three days for the Lord, and three
days for themselves. Others, by their own desire, arc put
upon Obrok,t as it is termed ; that is, to pay the Lord
" * This must be understood to be the arrangement made
by the law, when the father dies intestate, and where there is
no
can
estate, which could not be alienated even by will ;
h l
an only dispose of what he has himself acquired, or inhe.
rited free of entail.
" t Among the peasants of many of the rich proprietors,
with the comment of the Lords, the same arrangements are fre.
quently adopted, so that the Lord of the soil, or his agent,
takes no cognizance whatever of crimes or dispute,, which are
judged by the peasants themselves. The Lord, or agent, is
then only the executive authority, to see the judgment en-
forced.
" A tax in money.