The Sun.
London, England, 1844-04-26 00:00:00

DUELLING-THE ARMY.

In the amended articles relating to duelling, just issued from
the War• office by her Majesty's authority, " for the purpose
of more effectually discouraging and prohibiting a practice
which is a violation of her Majesty's orders, and a flag' ant
breach of the law of the land,'! we find that—
" These articles declare that it is suitable to the character
of honourable men to apologise and offer redress for wrong
or insult comnfitted, and equally so for the party aggrieved
to accept, frankly and cordially, explanations and apologies
for the same. . _

" If such redress be refused to be given, or to be accepted,
and the friends of the parties have failed to reconcile the
differences, a reference should, in conformity with the sig-
nification of her Majesty's pleasure in the 106th article, be
made to the commanding-officer on the spot, who will use
his best advice and influence to reconcile the parties ; and
the differences having been honourably settled by the good
offices and responsibility of the commanding officer, ought
never to be revived by either party, ur by any other officer,
or body of officers; if, however, the commanding officer fail
to reconcile the parties, it will become his duty to take such
measures as he may deem necessary in order to prevent a
duel, or to maintain good order in her Majesty's service, and
the person refusing to be reconciled will be liable to be
brought to a court-martial, and, if convicted, cashiered, or
suffer such other punishment as the Court may award.
" All.parties implicated in duelling are liable, on conviction
before a general court-martial, to be cashiered.
"Tier Majesty's pleasure is expressed in the 107th article,
that officers, being the friends or seconds of the parties, shall
exert their influence to adjust a difference on terms consis-
tent with the honour of each of the parties. The failure in
settling a difference being generally attributable to excessive
demands for reparation made by one of the parties, the con-
duct of the seconds, by the 107th article, is made liable to be
investigated as well as that of the principals, in all cases in
which a dispute shall be referred for the consideration of a
general court-martial.
" Personal differences between gentlemen living together
as brother officers can seldom fail to be honourably and
promptly adjusted, in the first instance by explanation be-
tween their mutual friends ; the propriety of an early ex-
planation and acknowledgment of error was so forcibly
pointed out by Field Marshal the Duke of Wellington, in
confirming the sentence of a general court-martial, in 1810,
that Sir Henry Ilardinge inserts the following extract of his
Grace's sentiments on this point :
" The officers of the army should recollect that it. is not
only no degradation, but that it is meritorious in him who
is in the wrong to acknowledge and atone for his error, and
that the momentary humiliation which every man may
feel upon making such an acknowledgment is more than
atoned for by the subsequent satisfaction which it affords
him, and by avoiding a trial and conviction of conduct un-
becoming an officer.' "

THE SUGAR QUESTION.
(From the Anti-Slavery Reporter.)

- APRIL 6, 1844.
Dear Mr. Scoble —I am much obliged to you for
haying sent me the letter of Messrs. Spencer, Blair,
and Anstie, together with the answer of my worthy
friend, Joseph Sturge.
My opinion upon this important subject, which
you think it desirable that I should state, has been
more than once given by me from my place in Par-
liament. I believe no one ever was adventurous
enough in the House of Lords, to undertake the de-
fence of the Brazil or Cuba slave trade, or,which is the
same thing, the plan of 1840 for admitting Brazil an,l
Cuba sugars, after the plain facts had been brought be-
fore that house. The argument lies in a small compass.
Had the question been of increasing the export from
Cuba and Brazil of any produce which could
only be increased in amount by natural and innocent
means, as the growth of Baltic wheat is increased
by our increased demand for it, no one could for a
moment have doubted that the people had a right to
benefit by this free importation. But it is a matter
of absolute certainty that no additional hundred
hegsheads of sugar can be obtained from Cuba or
Brazil, without an additional hundred negroes being
brought over from Africa. Consequently, every
hogshead imported by us from thence in the United
Kingdom means an addition to the African slave
trade ;. and consequently the plan of 1840 was neither
more nor less than a project for increasing the slave
trade, as certainly, and almost as directly, as if we
had given a premium for every negro kidnapped or
forced on board the slavers, and carried from Africa,
through the unutterable horrors of the middle
paSsage, to American bondage. How could atifl
one ever dream of' support from us' to such a
horrid scheme—us, who for half a century had
been lab that execrable traffic ?
one expect that I, whose
Goad
pass for the first time an
~,,..obaod v
e foarlotl ,
fortune
howg
i t tch o
could
i i extinguish ie anengnyutio sh
Act making slave trading a felony, should join in en-
couraging the Spaniards and Portuguese to commit
the acts proclaimed by my Bill 01 1811 a crime, and
in encouraging our countrymen to be accessories
after the fact to the same heavy offence ? No one
ever attempted any answer to this. It is in truth un-
answerable. It is and was said, indeed, in these de-
hates,twe took slave grown cotton from
without scruplo. Is there the least resem-
Alnerica that
resem-
blance between the two cases ? None whatever. But
I will suppose a case in which the cotton trade might
resemble the sugar trade, and then I will admit my
principles to govern that case. If we all of a sudden
were called upon to increase by a large amount our
importation of cotton, so that our demand could only
be met and supplied by an increased importation of
negroes from Africa, then I grant that my principles
would forbid that increased demand. In the existing
state of the cotton trade, any increased den-land is
4radual, and never can cause one slave more to be im-
ported from Africa. Besides, we have long been de-
pendent on foreign countries for cotton, and we have
no means of stopping the trade, even if its increase
should afford some little stimulus to the slave traffic.
The sugar question stands on wholly different
grounds. We never have as yet had any sugar trade
with foreign slave settlements:
I confess that I have read the letter in favour of

othisthings
n hatefulste
ninselsenses
whichurol
dj e
have
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nothingvini had
eabs
mut ot
en
tibshehelmieee:n%:,
astonishment.
antrc !Ca :royefi
nmaeryne
of ordinary reflection could have set their names to.
‘Vhat, shall we say of the practical wisdom of men
who have actually penned and 'signed the following
strange proposal ?—" Permit importation freely, and
then, where conscience forbids the use of slave
produce, indylge only in the consumption of that
which is groWn by free labour l "
That some one individual should write this astound-
ing sentence is barely conceivable ; but that three
men should have met, and discussed, and penned,
and adopted, and written, and copied, and signed,
and printed such a thing, is truly the most marvel-
lous instance of haste and thoughtlessness which
I ever had occasion to witness. Will any
one of them be pleased to point out by what test
the conscientious purchaser is to discover slave-grown
sugar in the market ; or by what means the seller is
to satisfy his customer respecting the origin of his
wares ; or in what mode he is to be prevented, even
if he knew it, from telling the purchaser that his
sugar is free-grown, when his confessing it to be
slave-grown would put a stop to the bargain ?
There is, however, nothing in this letter more sin-
gular than the constant assumption, that the only
objection to the Brazil and Cuba sugars is the
"conscientious scruples entertained by a few persons,
who are as nothing compared to 27 millions," against
using slave grown sugar. There were some few per-
sons who, before emancipation, would never con-
sume sugar; but the great bulk of the abolitionists and
the anti-slavery party were sound in this view of the
matter. It is utterly untrue that the present objec-
tion to the slave trading scheme of 1840 rests on such
scruples. Nothing of the kind. These objections
rest on the very different and only practical ground,
that, by admitting the Brazil and Cuba sugars into
our markets, we certainly, immediately, directly,
commission some scores of slave trading vessels to as-
sail and to haunt the African coast, awl that an Act
of Parliament passed. for this purpose is as inevitably
an Act for the more effectual encouragement of the
African slave trade as if it honestly and shamelessly
bore that name. Another extraordinary assumption
runs through this letter. There is mention always
made of free and slave grown sugar ; as if any foreign
sugar were free grown, save, perhaps, the produce in
Java and Manilla. Assuredly, in America there is
not raised, out of our own colonies, one hogshead but
slave grown.
As to any commercial policy which this country
may adopt, exerting much influence upon the legis-
latures of the slave settlements or their planters, my
hopes are, I confess, not sanguine; because I well
know the spirit of gambling speculation which per-
vades those nations, always agitating the mass, and
and mixing itself with the great body of the people.
But, if any course of conduct can have any such an
influence, it is assuredly that. which all reflecting

abolitionists recommend—the shutting our markets
against slave-grown sugar, and opening them to the
produce of free labour. The plan of the extraordi •
nary, though perfectly well-meant letter, of wire%
you have sent me a copy, is one from which
surely no reflecting person ever can hope for
he smallest prac ical effect, namely, the "power-
ful operation of English anti-slavery opinion upon
Brazilian slavery opinion." The proposition is to
offer them gold to continue the slave-trade, and
preach them a sermon to give it up. One can hardly
doubt which of these exhortations will prover the
most efficacious. Even the " benevolent exertions of
individuals, or of anti-slavery societies," to which the
writers of the letter would confine all our efforts with
foreign States, seem to offer a most remote and doubt-
ful prospect of any real good. When coupled with
the grand remedy for slavery and the slave-trade, of
admitting all at once into our markets as much sugar
as negro slave-labour can yield to the lash, such a re-
source can hardly be seriously relied on by any
rational person.
I hope and trust that the warmth with which I
have expressed myself on this important subject may
not expose me to any suspicion of haiing been want-
ing in due respect to three estimable persons of
whose pernicious opinions I have spoken. At this
moment their support of a party measure so
fraught with mischief to a cause for which I have
laboured for nearly half a century, seems to me
most dangerous to that cause. It may revive at,
tempts of mere party men, which had appeared
to expire under the almost universal scorn of
abol tionists—attempts under the plausible name of
free trade and cheap sugar, not merely to perpetuate
negro slavery, which would have been bad enough,
but to revive the detestable slave-trade, and extend
its ravages over new regions. Assuredly there are
no peaceable measures which I would not cheerfully
support, to prevent so grievous a crime from falling
upon our times as the voluntary encouragement of
the slave-trade, and the voluntary extension of slavery
by the apostles of freedom.
Believe me truly yours,
(Signed) BROUGHAM.

J. Scoble, Esq.

ART UNIONS.

The Art-Union of London, having for its object
the chance distribution of prizes of works of art, has
just been declared illegal by an order of the Lords
Commissioners of the Treasury; and the continuance
of the body's operations, it has been announced, will
subject parties to prosecution at the Crown instance.
This is a communication from Government of a
seriously interesting nature, seeing that there are great
numbers of associations over the country based on the
principles of the metropolitan one, and similarly
liable to objection as lotteries—their resemblance
to which condemned affairs is the foundation of their
pronounced ille.Tality. It strikes us, that a proposition
very lately made by advertisement for a Book Union,
like to those for works of art, has been the direct cause
of this movement. It either has excited some stir among
the influential publishers, and being viewed by them
with suspicion, has been made the subject of an applica-
tion to Government, or thelegal officers of the State have
themselves taken the alarm, and have conceived it
necessary to check the practice, lest it should be ex-
tended from works of art and literature to other arti-
cles, so as to affect the whole system of trade. If
paintings and books be lotteried for, why should
not carpets and tables? There is no end 'visible
to the practice, or, at least, it may evidently come
to be extended to all articles of ornament and
luxury.

Without reference to the question of the general
propriety or
be
of legislative interference
here, it may be pronounced that, so far as the existing
Art-Unions are immediately concerned, interference
is clearly wrong, and the consequent injustice, we
trust, will be remedied. These associations were
founded in 1837, "in consequence of an
opinion published in the report of a Par-
liamentary Committee on arts and manufac-
tures," and people have been encouraged to lay
out their money in this way to a large extent, no sus-
picion of illegality having been for a moment enter-
tained. Could any one, indeed, have a doubt for a
moment of the legality of bodies, several of which are
headed by her Majesty, Queen Victoria, as patroness?
Therefore, betwixt 40,000/. and 50,000/. have been
subscribed for the present season to the various associa -
tions in Great Britain. It would be unjust in the ex-
treme, seeing, particularly, that the guardians of the law
have been silent on the point for eight years—to make
the subscribers suffer by preventing the Associations
from fulfilling their incurred obligations. In those
cases where the purchases of works of art have really
been made, it would be very improper, even if legally
possible, to make artists refund the money given to
them, and to deprive others of their expected recom-
pense would be equally cruel. There is no right way
of doing, seemingly, but that of at least permitting
the current season's operations to proceed to their
close.—Scotsman.

THE LIBERTY OF THE PRESS IN

SPAIN.

The following is the substance of the newly-
enacted decree respecting the liberty of the press in
Spain :
"The right granted by the second article f,f the
Constitution to all Spaniards to publish their opinions
freely is secured to them on certain conditions. Every
printer establishing himself in the provinces must
make known his intention to the Political Chief,
place over his door a board mentioning his pro-
fession and name, and not deliver a single copy of
the work he has printed without having previously
given one to the Political Chief or Alcable, and ano-
ther to the Fiscal. No newspaper can be published
without a responsible editor, who, to be qualified to
fill that station, must, Ist, have been domiciled during
a year in the district where the paper is to appear;
2d, pay annually taxes to the amount of 1,000 reals
in Madrid, 800 at Barcelona, Cadiz, Corunna,
Granada, Valencia, Malaga, Seville, and . Sara-
gossa, and 300 elsewhere ; and, 3d, have con-
stantly deposited in the hands of Government a
sum of 12,000 reals at Madrid, 8,000 at
Barcelona, Cadiz, Corunna, &c., and 4,500
elsewhere, should the periodical appear from one to
seven days in the week. If it be published half-
monthly, the deposit required will only be one half
the above sums, and the quarter if monthly. The
same person cannot be the responsible editor of two or
more papers. Editors of journals confined to lit rary
matters will not be required to ladge any money as
security. All subversive, seditious, obscene, or im-
moral writings constitute offences of the press. Sub-
versive writings are articles and works con-
trary to the Catholic, Apostolic, and Roman religion,
or in which its dogmas- or worship are ridiculed;
those tending to overthrow the fundamental law
of the State ; those attacking the sacred person
of the Sovereign, his dignity, or constitutional prero-
gatives; and those attacking the legitimacy of the co•
legislative bodies, insulting them in their honour, or
tending to impair the freedom of their deliberations.
Seditious writings are those published with a view to
create disorder, or disturb public tranquillity, and
those exciting the people to disobey the laws and the
authorities. Obscene writings are those contrary
to public decency, and the immoral those con-
trary to good morals. Editors of writings de-
clared subversive by the jury will be liable to a fine
of from 30,000 to 80,000 reals, and deprived of their
honours, distinctions, offices, and public functions.
If found guilty of sedition, the fine will vary from
20,000 to 50,000 reels, and of obscene or immoral
writings, from 10,000 to 30,000 reals. The editor
who shall have translated- or copied any article liable
to prosecution in Spain shall be punished as if he
were the author of the article. The Government and
the Political Chiefs may suspend the sale and cir-
culation of journals or other writings calculated
to compromise public tranquillity, but proceedings
must in that case be instituted. within the twenty-
four hours against their authors, who will have to
be tried in the shortest possible way by the jury. The
jurymen are to be chosen from among the citizens
paying 2,000 reals direct taxes in Madrid, 1,200 at
Barcelona, Cadiz, Corunna, &c., and 600 elsewhere;
doctors of canon law, theologians, physicians, sur-
geons, lawyers, and academicians, who shall pay 500
reals direct taxes ; the proprietors of public establish-
ments of education, the retired functionaries enjoying
pensions of 1,200 reals at Madrid, 1,000 at Barcelona,
Cadiz, &c., and 800 elsewhere. A juryman must
he thirty years of age, and know how to read
and write. The accused must be interrogated in
the twenty-four hours following the prosecution.
The printer will be held to produce the original
writing, and if the incriminated article be signed, he
will have to prove the signature. The membErs of
the jury are to be drawn by lot in presence of the
accused, and the list communicated to both parties,
who are to be allowed to challenge each twenty at
most. The jury will consist of twelve mem-
bers, and should their votes be equally di-
vided, the accused will be acquitted. The
secret deliberations of the jury are not to
he made public, and the publisher will incur from
one month's to six months' imprisonment, and a fine
of from 500 to 2,000 reals. Cases of defamation and
calumny are to be tried by the ordinary tribunals;
all works treating of the dogmas or morality of the
Christian religion are to be submitted to the previous
approbation of the ecclesiastical authorities. Dra-
matic works cannot be performed without the per•
mission of the authorities.