The Sun.
London, England, 1861-06-29 00:00:00

THE SUN, LONDO' SATURDAY EyENING, JUNE 29, 1861.

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-• ,

7HE LAW ~01 SETPLEMENT..

; • The present generation of ;attorneys when they
look' b ick through their fathers' bills .of costs must
give wistful thoughts to the old Law of Settlement.
There were times not so very long, ago when an old
bedridden' pauper was worth £5OO to an active
firm; when every removal was a certain lawsuit,
and the Quarter Sessions town was crowded with
witnesses from all parts of the kingdom. The plan
in those days was to fight everything, and to esta-
blish such a reputation for litigiousness that no
parish would lightly take the step of removing a
pauper to the territory of such a fierce neighbour.
Sessions were something then. They were not only
nurseries to the bar but ladders to the Solicitor-
Generalship. More of the poor rates were spent
in law than in bread. Settlement Law was a
labyrinth of the most inextricable entanglements,
but it was worth treading, for he who kneW it well
passed through to fortune. Settlement Law had
its leading cases, and it had its memoria technica,
like Coke's Reports. Alas ! this is nearly all passed
away. There are few men of the present genera-
tion who know of Bott, or Const, or Caldecott.
There are even many leaders of Sessions to whom
that great decision which combined in itself the
poetry of the Settlement Law is all unknown. We
may be pardoned, perhaps, if we recall it before it
passes away for ever
woman having settlement
" Married a man with none.
" The questi"n was—he being dead—
" Itthat she had vas gone.
" Qaoth:Sir.John Pratt, her settlement
." Suspended did:remain
• " the husbandL-bnt, him dead,
" tlt doth revive again.
" Chorus of Puisne Judges— .
" ' Living the husband—but; him dead,
~••••••
"' It doth revive again. "
In those
.days all poor were removable, and the
d, of, magistrates at Quarter Sessions was to ran-
sack all the life Of some miserable old man until
tht'y could fix his-birth. in some far away county,
or, di2Eorer some hiring and service in some palish
where the ratepayers were not cautious to allow no
such expensive contracts.' This was the old system
Upon which lawyers flourished and paupers pined,
'and peor.rates increased Until they threatened to
swallow up rents. .
Sir Robert Peel broke in upon this golden age
by ruthlessly sweeping aw ,y half the " learning"
of that fine-spun 'law.. 'With an audacity which
startled the lawyers and even the country gentlemen
,ofthe day he_proposed that a pauper—the most re-
movable arid ingt:perpreilaily moving animal in the
kingdom— should be " irremovable" after a five
years' residence in any parish. Henceforward
paupers were of two classes—the old inhabitants,
who had became irremovable by having struck a five
years old taproot into the parish, and the recent
corners, who had g. z.;ncil. no such right, and might
be carried off to their places of settlement. This and
some other provisions have done a great deal to
beak up the old sessions business, and settlement
cases are not much heard of now. Sir G. C. Lewis
yesterday was so adventurous in his heresy as to
wish that the Law of Settlement were entirely gone.
There is no limit to the revolutionary principles one
hears from the Treasury benches nowadays. Of
course, Mr. Cayley sees confiscation in the idea.
Mr. Henley was bold to prophesy that some daring
innovator might hereafter be found to demand that
there should be no removal at all, and that every
man should have a claim to relief in the union
where he had broken down at his work. Of course,
no one, we hopee would think of going to such
dreadful lengths as this ! Mr. Villiers, when he
yesterday ventured to press a mild bill upon the
subject, certainly had no such audacity. He only
proposed that three years' residence, instead of five,
should give a poor man the privilege of being irre-
movable, and that for the purpose of maintaining
these irremovable poor the union should be the
parish. He suggested only that when parishes
have been thrown together for the purpose of
management they ought to remain together for
the purposes of settlements and ratings. Mr.
Villiers and :those members who supported him
in the debate thought that the fact of a dis-
trict having been marked out and constituted a
union because its area was thought a con-
venient area for management, was proof in itself
that it was a convenient area for rating. The very
fact of these Union divisions having been established
manifested a general consent that they are more
convenient than the fortuitous and unequal divisions
into parishes, which have no other recommendation
than that they are as old as Alfred. Even, however,
the recommendation of remote antiquity does not
apply ; for Poor-rates themselves are only referable
to the time when the Dissolution of the Monasteries
and the doctrines of the Reformation produced at
once the recognition,of the duty and the political
necessity of a State provision for the helpless poor.
There is nothing respectable or venerable in the old
parochial system in its application to Poor-rates.
IThe ecclesiastical point of view is of an entirely dis-
tinct character. Parish poor-houses and parish
poor-rates have no association, except the tradition
of those fine old days when parishes kept up a war
of pauperS.
We urge upon Parliament this bill on the grounds
of good local government and common sense, as a
piece of obviously proper legislation. But we also
urge it upon the ground of humanity. Gentlemen
may talk as they please about the venerable charac-
ter of the parochial system, but the only possible
practical objection to the alteration now proposed
is that it seems to tend in some way to abridge the
opportunities for those shifts and contrivances
whereby from time immemorial small districts have
endeavoured to enjoy all the services of an able-
bodied labourer, and to cast his maintenance when
in decrepitude upon some other district. This is
obviously not only contrary to general policy and
general morality—so much, indeed, that criminal
their
awayit tendedwork ; to crowd
is thitthis which
the
policy of
employers of labour to make their labourers
them
to
has
the inhabitants of some other district, so that
when the Union consists of a little town and some
surrounding rural parishesthe maintenance of the
irremovable poor is
This system of tactics on the part of the rural
th
parishes is met on part of the town proprietors
by evictions, removals,e pulling down of cottages,
and other devices for he extermination of popula-
tion. The war is as old as poor rates themselves,
and it has as many charms to
some
gen-
tlemen, and to some builders of first-class country
houses, as
the old border warfare had to those
who thought
themselves ill-used by another Union. The majo-
rity yesterday of 187 to 44 in favour of the bill
leads us to hope that the House of Commons is
not prepared to step backwards towards the old
evils of the parochial system. There are, as Sir
G. C. Lewis said, " halting-places between a paro-
chial and a national rate which we may prudently
occupy," but these halting places are not yet
reached, and certainly the very moderate ad-
vance which this measure proposes does not bring
us even to a high road leading to a national rate.

linzes.

We learn by a letter from Havre that the con-
struction of a harbour of refuge between Calais and Bou-
logne has been decided on, and that plans of the work are
to be begun early nezt month,

IIIE CIVIL WAR IN AiII.E.RICA

ediTtohre
offotlhloewvicagilyle_tlt,eerichsa:s—been addressed to the
NEW YORK, Jane 25.
Sir,—l notice, as we all do with the deepest in-
terest, the comments of the English press on the
present condition of our unhappy affairs. We thank
the News for the fair and manly treatment of the
subject, and also wonder at the sophisms by which
the rebellion is made to appear in some of Your
journals as the exercise of a natural right, a politi-
cal right, and a political necessity. It is no such

moment.

thing.
We have no natural right to commit violence
upon Fanother, except in the case of self-defence,
and no assault whatever has been made by the Go-
vernment on the Southern States in any form or
manner of an aggressive character hitherto, or now,
except to repel assault and suppress insurrection.
The South has, in fact, not a single act to com-
plain of. Their hated institutions have been held
up by. the untiring and open support of the
North, in conformity with the constitution, and
slavery would long ago have disappeared except
it had been from the moral influence of the pro-
visions of that instrument which recognised the
institution. The South has had most of the Pre-
sidents, most of the power, and a majority of
the most distinguished plaeeS under the various
administrations of the country. However it may
have winced at the rapid growth of the North; it
was a result that is not attributable to any oiher
than natural causes, and upon which no partial or
general legislation has been or could be brought to
bear.
Nor have the Southern States had any political
right to secede. There was no provision for such an
act made in the constitution. On the contrary, every
power necessary to make secession possible was
taken away by that compact. No .State could enter
into any treaty, alliance, or confederation, grant
letters of marque and reprisal, emit bills of credit
&e., enter into any agreement or compact with
another State, or with a foreign power, or engage
in war unleSs actually invaded. Secession as a poli-
tical right was- thus cut off by the constitution.
The very first steps by which practical secession,
was promoted were compacts, treaties, alliances
war, letters of marque and reprisal—the very
things prohibited by the constitution. Whatever
rights were reserved to the states in the amend-
ments to the constitution could not have been those
which were expressly withheld from them.
But if there be any such right, there was and is
no political necessity for asserting it. Whatever
political wrong might theoretically or practically
have been done the South, it was by their own con-
'sent, for it has always had a majority in the govern-
ing powers. It has this day a constitutional majo-
rity in the present congress, and could pass any
needful laws, as well to remedy their grievances, if
they have any, as to control the measures and policy
of President Lincoln himself. They could have
wholly overthrown the Morrill tariff, and kept out
of the state offices every enemy of their own.
Ample opportunities of amending the constitution
to suit the territorial questions were at hand, and
their allies in the North would have yielded them
the benefit of their abstractions, for in the new ter-
ritories the possession of slaves is not a possibility
through soil and climatic influences. Plains with-
out rain and without vegetation would have tempted
no planter from his cotton fields. The whole claim
was a farce, and as a farce it would have ended.
But in England it is asked what benefit will or
can arise from the subjugation of the Southern
States. Subjugation is not our object. We are
only seolzi.±2.. tieing the words of a former Presi-
dent, Mr. Van Buren, «;`o restore the lest rights of
the States." The certain result of the war in this
respect may be seen in the condition of Maryland at
this moment. That slave state but a few weeks ago
was in a state of insurrection, the national autho-
rity was overthrown by overt acts of legislature and
people, and blood was shed in the streets of Balti-
more by a lawless mob. By the energetic action of
the general Government order has been restored, the
State Government has refused to secede, though its
demagogues sought to have it do so, and the con-
gressional elections have just terminated after a
peaceful contest, by a return of representatives
pledged to the union and the constitution. This is
all the subjugation Maryland has undergone or any
other State can undergo. It is in the same way that
Missouri is subjugated and no other. It is idle,
therefore, to use the word in any such sense as it
has been used in the South or in England.
But let us see, even if we did use the term in its
very hardest sense, if we could not make out ajus-
tification. Have we not as good a right to over-
throw the establishment of a dangerous rival re-
public on our own soil as England had to subjugate
Ireland and annex Scotland ? Would it suit your
Government to allow those countries at this day,
under any pretext of natural rights or political
wrongs, to set up kingdoms or sovereignties for
themselves? No more could we. Look at our geo-
graphical and physical structure. A great barrier
of rivers and lakes on the north, the Atlantic on the
cast, the Gulf of Mexico or, the south, give us a na-
tural and marked boundary by which we are com-
pressed into unity and solidity. Our southern bays
head northward, and get their value from northern
occupation at their frontiers. Our mountains run
northwardly and southwardly, the backbones of the
whole, and not like ribs, cquatorially, with im-
passible elevations, as those of Europe, or those
which separate your island extremes, like the
Grampians. Our extremes of climate melt away as
they meet in the middle states, and a splendid
average of natural advantages makes us truly one.
Even cotton may be raised in Southern Illinois, and
our northern wheat flourishes in Virginia. We are
therefore entitled to maintain our homogeneity by
force of arms, just as God has given it to us, and
just as you would do.
But more than tr is, the vast majority of the po-
pulation who inhabit the northern and middle
states could not permit the existence of a hostile or
even independent confederacy within the limits I
have sketched. It would be a perpetual source of
war, and foreign interference.
uneasiness, discord,
Should a Southern confederacy establish a mo-
narchy, as Mr. Russell says they would, our own
Republic would be endangered, and possibly some
European power would sooner or later as enemy
and invader attempt our destruction. It is
needless to pursue this argument. We cannot per-
mit any other nation than our own, and one
especially whose basis, slavery, is hostile to the very
principle of liberty, to rise up with opposing inter-
ests to endanger all our interests, our perpetuity,
and our progress. Europe is continually at war to
maintain the integrity of boundaries, the perma-
nence of institutions, and the preservation of na-
national unities : why, in the name of heaven, have
not we a right to act in the same manner? If war
is so tragic and so hateful on this side the Atlantic,
why do you not recognise it to be such on yours?
You have subjugated India, a far distant country,
to preserve the integrity of the British empire :
may we not be allowed a similar privilege ?
Nor are these feuds of ours to be eternal. What-
ever ill feeling may now be engendered will pass
away with the coming if not the present generation.
What have become of the wars of the red and white
roses ? Where are your Jacobites ? Their memory
survives only to point a moral and adorn a tale,
not living to endanger your relations with Scot-
land, but to fill your libraries with the most beau-
tiful of your romances, and soften your hearts with
the tenderest of ballads. So with us. Our
material interests will soon close up our present
wounds, and, like reconciled combatants, we shall
become better friends,
When wild war's deadly blast is blown,
And gentle peace returning.
Let England, then, keep her hands off, and let
your ministry imitate the policy and principles of

the great Canning, who, while Spain was endea-
vouring to resume her authority over the revolted

South American States, refused to acknowlege

them until. the mother country had time to make
the attempt to retain them., This was his language
to Mr. Brougham in debate, and this was the very
point of his communications to the French Govern-

ment, when he protested against any direct inter-
ference of any third Power in the matter. If the

Union cannot be maintained, after a fair trial, we

shall find it out first and will let you know. This
is the actual condition of public affairs at this

The seat of the Confederate Government has been
removed to Richmond, and so is the seat of war.

The two capitals are become the outposts of the two
armies. General Scott has thrown up miles of en-

trenchments on the heights around Washington,
and with an army in the field of more than 100,000
men, of which 6,000 are regulars, well commanded,

and 100,000 more within four days of Washington,
has this position—one wing is at Fort Monroe and
Annapolis, with strong forts and many armed
steamers great and small. This menaces Richmond
from the sea, and by railways leading thither. A
reserve at Baltimore, with Fort Mlienry to hold
that place, is ready to op'rate with that wing, or
with the main body at Washington, or the heavy
columns from Pennsylvania, Ohio, and Western
Virginia, approaching. Harper's Ferry in front, on
the flank, and in the rear. Opposite Waglington,
around and beyondlis entrenched camp, is the main
body, ihreateningthe enemy, who is strong at Ma-
nassas Junction. Skirmishes of outposts, as at Fair-
fax and Bethel, are taking place, as whirls of dust

precede the thunderstorm. While in this position,
Gen. Scott has beenclosing,his western and northern
columns around Harper's Ferry with such a crushin g
force as to render its capture or evacuation:inevitable,
and the news today' is, that thnalter 'alterna-
tive has been accepted. The retreat of the rebels
opens the Baltimore "and Ohio Railway, and lets in
the Western troops to hundieds of thousands more.
One great battle is likely to be fought, but if
brought on immediately it will be from the despe-
ration of the Confederates, who are totally unable
from, want of mean's to long! keep the field. Our

Fabius Cunctator understands this. Our Etrength

is increasing every hour, but that of our enemy is
decreaSing by desertion, want of food, want of
money, and want of unanimity amongst themselves.
A t Cairo we have a force large enough to command
the Mississippi river, and gunboats are preparing
to descend with it to Memphis. At New Orleans,
which is blockaded, our smaller vessels are thread-
ing the takes and bayous, and'the people there have
fears of an immediate descent upon them. At Fort
Pickens the enemy remains inactive, while our
security is greater by increased works and garrison.
Key West has become a Union port, and the people
are raising a small body of men to join the Govern-
ment forces. Yuu have thus a bird's-eye view of
the whole.
In Missouri the Governor is endeavouring to ex-
cite the secessionists to act ; but a division under
General Lyons, who recently, posnaed upon a body
of 2,000 secessionists and captured them, is march:
ing a brigade to jefferion, the soat of government,
and will probably take the governor and his asso-
ciates prisoners.' That' State, h6wever, is another
example of 'what " subjagation" is to be—a com-
plete restoration of the • national authority, and a
regular and orderly obedience to stateAlaws.under
its wing, one of its greatest, best, and most useful
interpositions. In Western Virginia a convention
has been held, where more than forty counties are
represented by duly elected, delegates. A Provi-
sional Government is to be established, declaring
the existing State Government is noAxitirt. The
reins of power will be assumed, and public affairs
conducted precisely as if Virginia was still in the
Union. This is the return stroke of the secession
lightning, and it cannot be resisted.
Meantime the North is full of unhappy fugitives
from the South, flying for their lives, with the loss
of property and health, with borrow before them
destruction behind.

The negroes are running to our camps and forts
whenever they find an opportunity, and give valu-
able assistance, fur which they are paid. I will
tell you something which will astound you. If you
want any cotton this year, you must at once tell
the Southern leaders to lay down their arms. The
slaves have made up their minds to burn up every
bale of cotton produced this year. They will not
murder their masters or their unprotected families,
but the cotton crop is doomed. Immediate sub-
mission to the government can alone prevent this
catastrophe, and if you encourage the rebels, let
Manchester shut up shop.
The late discovery of the art of cottonising and
spinning flax is making a great noise here. We
have found a material that is far superior to cotton
in many respects. Our prairies are covered with
it. It has been sown in many Western States, and
the knowledge of the new process is everywhere
being disseminated. The seed and the fibre will
pay better than any other crop, and we think a re-
volution in this branch of agriculture, manufac
tures, and trade is at hand. I have some samples
which are demonstration, and which I propose to
send you. The subject has already been taken up
by the Academy of Sciences in Paris, and the Bri-
tish consul in this city has written home fully on
this subject.
I close this despatch with a summary of the news
down to ten o'clock, the latest moment left me. Be-
yond all question Harper's Ferry is evacuated, and
the rebels are attempting to join their main body.
The United States troops will press the fugitives
and endeavour to cut them off. General Scott says
this is his last campaign, but it shall be his best.
In Missouri the flight of the governor is announced
with our forces on his heels.
The letter of Jefferson Davis to the Maryland
legislature, in which he expresses a desire for
peace, is genuine. A friend of mine, who is inti-
mately connected with him, and is so by marriage,
says he has no stomach for the fight, though the
bravest of men. He went reluctantly into seces-
sion and with a heavy heart. It was such men as
Toombs of Georgia a ho did the mischief—such men
as Wise. Civilians have made this war, and noble
and brave men have to fight it. You have seen
such things in England.
Money is abundant. The Pennsylvania loan of
three millions has been taken at par. Two hundred
millions of dollars could be had by the Government
f it wanted it. AMERICUS.

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