The Sun.
London, England, 1833-01-09 00:00:00

_
Trio *Ult.

LONDON,
WEDNESDAY EVENING, JANUARY 9, 1833.

It will be seen by the report of the debate in
the French Chamber of Deputies, that the French
Ministry have a very delicate task thrown upon
their hands in extricating themselves from the
embarrassing situation into which they have been
thrown by the capture of the Duchess of BERRY.
The debate arose out of a number of petitions
presented to the Chamber, praying for her libe-
ration, or for her being brought to trial. They
were, as usual, referred to a Committee, who,
in their report, recommended that some, which
were not drawn up in terms of proper respect,
should be referred to the Keeper of the Seals,
and that they should pass to the order of the
day with re,pect to the others. The Ministry
adopted this plan of getting rid of the question,
announced that they did not intend to bring the
Princess to trial, hut to detain her in custody as
long as they might think it necessary, and intimated
that they should consider the Chamber passing to
the order of the day as an approval of their conduct.
The Duke de BROGLIE, in his speech, gave
what was meant as an explanation of the diffi-
culty in which the Government was placed, but
did not put very prominently forward what we
suspect to be the true ground on which they
proceed. The Ministry pretend that they cannot
bring the Duchess to trial, because it would give
the factious an opportunity of creating disturb-
ance—because the law which excluded the elder
branch of the Bourbons from France did not
justify, on their entering it, more than recon-
ducting them to the frontiers, because the
Duchess was not born a subject of France, and
that the duty she owed it by alliance had been
dissolved by the law of exclusion, and because
it would be difficult to get witnesses to the fact
of her appearing in arms. Yet they justify
having taken her into custody, and detaining her,
on account of her being captured in flagrant
delict. The arguments of the opposition com-
pletely overturn, we think, this reasoning. They
say that the supremacy of the law ought to be
asserted ; that it is shameful to detain the
Princess without trying her ; that France must
be in a wretched state indeed if the factious
could not be prevented from disturbing a judi.
cial proceeding ; that the Duchess ought not to
be looked upon as a member of the Bourbon
family, but as a stranger, who had come into one
of the provinces, and induced some disor-
derly persons to commit acts of murder and
rapine ; that the will of the nation having
placed the Crown on the head of another, that
will was a law superior to all others before exist-
ing ; and that, therefore, no possible claim of
right could be permitted to be set up for the
Princess. The idea of its not being possible to
find evidence of her inciting, directing, and
heading the rebels, they treated as ridiculous.
Thus stands the question, and looking at it as
dispassionate strangers, in an abstract point of
view, it appears difficult to us to distinguish the
case of the Duchess of BERRY from that of
any common blood-shedder who, dissatisfied with
the decision of the tribunals of his country, has re-
course to a pistol to re-establish himself in an
imagined right. The sympathies of human na-
ture are roused in behalf of a mother perhaps
risking a disgraceful death, certainly running
great hazards, for the sake of a son whom she
looked upon as unjustly deprived of a throne,
and vulgar attention—we are afraid admiration
—is always tolerably certain to attend any ex-
traordinary act either of virtue or iniquity ; but
the question is, what does justice require, and not
only justice, but humanity, if, indeed, the

tw o things be separate ? We are now cer-
tified by the conduct of the French Govern-
ment as we were before induced to believe
from probability and information, that the French
Ministry wished the Duchess to escape from
France, that they communicated their wish to
her, and they only took her when it became
hazardous any longer to resist the public voice.
Can it be supposed that if she had been
assured of being dealt with as a criminal, ac-
cording to the laws, she would have per-
severed in exciting the peasantry of La Ven-
dee to insurrection, merely to take her chance
of the chapter of accidents, when she saw that
the hopes with which she commenced her ex-
pedition were ill-founded ? We believe the
Princess really to possess great physical and
moral courage, but we do not imagine that
she would rush to the scaffold for the mere
sake of affording a spectacle. It was then
the assurance of impunity which caused her
to persevere in sacrificing the lives both of
her friends and opponents, after all reason-
able expectation of reaping any advantage from
it had disappeared. Then comes the ques-
tion, will not the feeling of compassion which
now wishes to save her, be an encouragement,
not only to other members of her family, but to
all persons who may chance to be placed in
a similar situation, to shed blood under chances
equally desperate ? If so, is not yielding to
compassion the commission of great wrong ?
This is always supposing that the obj,ct of not
bringing her to trial, is to screen her from all
punishment beyond a temporary detention,
merely inflicted for the purpose of saving her
life, or from a sentence of perpetual impri-
sonment. Thus stands the question in the
abstract, as far as we know the facts. But,
on the other hand, we deem it more than
probable that the despots of the Continent, who
like little enough the example of deposing Kings,
and who would like less to see that of shedding,
Royal blood, may have made it a kind of condi-
tion of acquiescence in the French Revolution
that the members of the exiled family should be
spared. It is true that we believe them willing
enough to attack France on account of the
Revolution alone ; but when the questions of
peace or war are so nicely balanced as they were
lately thought to be, the condemnation of the
Duchess of BERRY to a severe punishment
might turn the scale. Indeed it was clearly in-
timated by the Ministry that the opinion of
foreign nations had been taken into considera-
tion. The circumstances, however, of the re-
lationship between the Queen of the FRENCH
and the Duchess, and the delicacy of
the situation in which LOWS PHILIP is
placed, although not alluded to in the debates,
have had, we doubt not, as much weight as any of
the facts and arguments most prominently put
forward. As foreigners, ignorant of many facts
which must influence the question, we will
not presume to decide what course should
be taken, but, obeying the dictates of our feel-
ings, we cannot help rejoicing that whatever may
be the the term of the,Duchess of BERRY'S impri-
sonment, her life appears certain to be spared.

There is a rumour current at the west end of
the town that Lord PALMERSTON is about to
retire from the Foreign-office, and to be suc-
ceeded by Lord DURHAM. This rumour has
been so often prevalent that we should not
notice it now if it were not general among per-
sons who ought to know something of what is
passing at head-quarters.

An express has been received from Paris,
bringing the papers of Monday, and the Mes-
sager des Chanthres, dated yesterday. They
are principally filled with comments on the dis-
cussion in the Chamber of Deputies, regarding
the Duchess of BERRY. The Carlist and
opposition journals are rather violent against
Ministers, whom they dare to bring this Prin-
cess to trial by a Criminal Court, and pretend that
should she be tried in Paris, her party is so strong
that an effort would be made in favour of
HENRY V.

The presence of M. CIIATEAUBRIAND in
the capital, and the feeling that exists among the
young students in his favour, creates no little
anxiety to the Juste-milieu and Doctrinnaires.
A despatch was received on Monday from the
army, which has now taken up the same position
that it was in previous to entering Belgium,
awaiting further orders.
Several interviews have taken place between
Lord GRANVILLE, the Austrian and Prussian
Ambassadors, and the Minister for Foreign
Affairs, relative, it is said, to having the ques-
tion between Holland and Belgium finally
settled by nego►iation. The news from Spain
mention that M. 'LEA BERMUDEZ is far from
being popular at Madrid, and it was expected
he would immediately resign. Paris continues
tranquil.

Hamburg Papers state, in a communication
from Berlin, that the Emperor of RUSSIA has
placed at the disposal of the King of PRUSSIA,
an army of 150,000 men, under the command
of the Prince of WARSAW, in order to give due
weight, in conjunction with Prussia and Austria,
to the measures which may be rendered necessary
by the result of the affairs of Holland, and the
measures adopted in the eastern departments of
France. We place little or no reliance on this
statement ; for if Russia had thought any such
precaution necessary, we cannot but think she
would have adopted it before, rather than after,
the taking of Antweip._

The Chronicle of this morning has devoted
another column to the subject of the Speaker-
ship of the House of Commons. It asks what
those who do not object to the re election of
Mr. MANNERS SUTTON, the apologists of it,
as the Chronicle calls them, " would, a few
weeks since, have thought or written on such a
monstrous proposition as the re-election of
a Tory Speaker ?" For ourselves, we should have
thought and written perhaps in a way any thing
but favourable to such a proposition, and for this
reason, that we should have made a sacrifice of

feeling for nothing. It was not known that Mr.
MANNERS SUTTON would be in the next Par-
liament or would consent to be Speaker, and,
putting the saving of an enormous pension aside,
we must confess, that, as a matter of feeling,
we should have preferred to see a man
of more popular principles in the chair. It is
very well, as the Chronicle says, to give confi-
dence to the friends of the liberal Government
by filling offices of dignity and trust with Li-
berals " as vacancies occur," but surely the pen-
sioning off of the present holders of them, if
they are still willing to serve the country, is
not a mode of creating vacancies which any
friend of an economical Government can sanc-
tion. We know that the excellent Editor
of the chronicle looks to the moral effect
which he thinks the election of a Liberal
to the office of Speaker would produce,
but we are confident that he over-rates it.
No doubt the moral effect of placing a Tory
in the Chair of the House of Commons
would be greatly in favour of the Tories, if it
were accomplished in consequence of their
strength, or fear of their strength ; but the moral
effect can be little in their favour, when it will
be consented to in contempt of their weakness.

German Papers, extracts from which will be
found in another column, state that the young
King of HUNGARY is reduced to the last extre-
mity, and has received the sacrament for the
dying.

VICE-CHANCERY COURT.-(THIS DAY.)

His Honour, the VICE-CHANCELLOR, sat at Lincoln's
Inn today.

NEWTON v. HUNT.

His HONOUR gave judgment in this case, which was ar-
gued at great length last Term. The plaintiff was entitled, af-
ter the death of a lady, 55 years of age, to the tenth of a sum
of 23,300/. 3 per cents., and upon the death of a gentleman, aged
54, to a like interest on the sum of 16,600/. and a fraction. He
attained his majority in the beginning of 1823, and in Novem-
ber, 1826, he lost at billiards, to a person named Charles Hunt,
532/. The plaintiff paid Hunt 321. down, and gave him a bill
for 500/. In 1827, being in great distress, and having been ar-
rested in August of that year, he put up for sale by auction his
reversionary interest in the two sums in question. The defendant,
who was the father of Chas. Hunt, attended the sale, and became
the purchaser of the plaintiff's reversionary interest in the
23,3001. for 700/., the interest in the 16,600/. not being sold in
consequence of a sufficient sum not being offered for it. After-
wards an attempt was made by the plaintiff to sell that also,
and some proposals passed between the plaintiff and defendant
for that purpose, which ended in the defendant's agreeing to
purchase it. Hunt, the son, being indebted to his father, as
was alleged, to the extent of 500/., gave him the bill he had
received from the plaintiff; the defendant alleging in his
answer that he was not aware of the circumstances under
which his son received it. That note was tendered to the
plaintiff as part payment of the purchase-money for the 16,600/.
the defendant declaring that he was a bona fide holder of it,
and had a right to make a set off of it. The plaintiff being
advised that the transaction being in consideration of a gamb-
ling debt was good for nothing, filed the present bill for
the purpose of setting aside the transaction altogether. At the
worst it was insisted at the bar that the note, though it was
given for a gambling transaction, was good in the hands of a
bonafide holder. With respect to that two statutes had been
passed. Under a statute passed in the 6th of Charles 1., a note
given for a gambling debt was available in the hands of a bona
fide holder; but by the statute of Anne, all notes given for
money at play, were altogether void. It was also urged that
the Court would not set aside the sale of a reversionary in-
terest, merely on the ground of inadequacy of price, and allu-
sion had been made to several cases on that point. In the opi-
nion of his Honour, however, there was more in the present
case to be considered than inadequacy of price ; there was
evidently an advantage taken of the distress of the plaintiff.
Looking at that fact, coupled with all the other circumstances
of the case, the plaintiff not questioning the transaction with
respect to the 23,000/. the Court was of opinion that the plain-
tiff was entitled to the relief he sought, without being made to
pay any costs.

LORD LINDSAY v. PEGUS.
ONOUR also gave judgment in this case, on which a

to make his report upon the case, refusing the motion with
costs.

FITZGERALD v. STEWART.
The COURT gave judgment in this case, refusing the mo-
tion for the payment of 3,0001. into Court, and directing the
costs to be cast in the cause.
IN RE BEDFORD CHARITY.
The ATTORNEY-GENERAL proceeded to open the pe-
tition of a gentleman named Mathias, who is the second master
of the Bedford School, praying that the Court would restrain
the Trustees of that Charity from proceeding at law or in
equity to get him from the Mastership of the school. The
case is •ery long, and appears likely to occupy a day or two
in arrangement.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM L Y D'S.

DEAL, JAN. B.—Wind E.S.E.—Arrived his Majesty's ship
Malabar, from Portsmouth, and remains with the combined
squadron.
PORTSMOUTH, JAN. B.—Wind E.S.E.
PLYMOUTH, JAN. 7.—Wind E.—Arrived the Bustler,
Pollard, from Newfoundland, part of the cargo thrown over-
board. Off port the Dorothea, Cunningham, from Phila-
delphia. Arrived his Majesty's ship Forester, from Ports-
mouth. Sailed his Majesty's ships Pantaloon and Royalist, for
Falmouth and the Mediterannean.

FALMOUTH, JAN. 7.—Wind E.S.E. to E., fresh.—Sailed
the Reindeer packet, for the Brazils; Lord Melville packet,
for Halifax and Bermuda ; Alban steam-packet, for the Medi.
terranean ; and his Majesty's ship Leveret, for Lisbon—all of
them with mails.

FO WEY, JAN. 7.—Arrived off port the Henry, Lowe, from
New Orleans.

BRISTOL, JAN. B.—Arrived the Henry, Allen, from Cha.
rente.

CORK, JAN. 6.—Arrived the Thomas, Richardson, from
Trinidad.

STOCKTON, JAN. 7.—Arrived the Supply, Turnbull, from
Memel.

HULL, JAN. 7.—Arrived the Oak, Ritchie, from Riga.

The Anna, from Tromsoe to Trieste, was on shore near
Bergen on the 13th ult. ; not the Aurora, as stated yesterday.
The Drie Gibrodders, Ruyl, from Batavia to Amsterdam,
put into Ems, in consequence of the embargo.

THE MARKETS.-(THIS DAY).

CORN EXCHANGE.

The arrivals of all kinds of Grain this week are very short ;
the return of Flour is also scanty. The Wheat trade remains
very dull, and prices are the same as lately noted. Barley,
Beans, and Pease, unaltered. Oats are firm in val.., but henry
in sale. Flour as our last.
A .ARIVALS.
Wheat. ' Barley. Oats. Flour.
English 2,800 qrs. I 3,190 qrs. 1,090 qrs. I 2,loosacks
Irish - -
Foreign -
--
I -