The Sun.
London, England, 1817-12-08 00:00:00

• -
SPAIN ANI TIER COLONIES.

,''(Co tinned frarn The Quartcrly Re?iew.)
" We'have not br.vo slow to admit theinslifi-
ahlenes't of the `course which the Colonies have
taken in an 'unconditional return to the
state in they were placed under the colo-
nial system *of .ttnin. the grievances ari.ing
from that we have mentioned thit the
progress of the pe:nitistsla'r war, and especially
the decrees of the COrte's, added new causes of
discontent.

" The Cortes had never been a'Siembled for ac-
tive purposes since the peopling 'of Spanish Ame-
rica, which nOw Contaios inure inhabitants than
Spain. Whcn the propoSition 'Alas made of re-
assembling that body, much difficay occurred in
determining the most constitutional mode of
electing the members. Instead of 'Adhering to
the custom Of Castile, of Arragon, or of Valencia,
they were chosen upon a system too nearly copy.
ing the exaMple of the Convention in France j
and as the distance of America precluded the poi-
sibility of any members arriving from thence in
time, meetings were called. of the natives of Ame-
rica, who had taken refuge in the isle of Leon, or
the city of Cadiz; and froM them were chosen,
by lot, individuals who were to supply the places
of Representatives till an alteration in circum-
stances should enable them to elect regular mem-
bers. Some of those representatives .indeed pro.
tested against their own elections, though they
were compelled to take their seats in the assembly
which refused their. protk sr. Ahnost the first bu-
siness transacted by the Cortes was their famoui
declaration of the sovereignty of the petiPle,
declaration which, like coy other metaphysical
sophism, is a mere nullity till it is applied to some
practical purpose,; The Cortes, after the abstract
decree, assumed that they were the representatives
of the people, and therefore the sovereigns for all
purposes, both legislative and executive.
.The

jutetaS formed in America, with equal Or greater
reason, affirmed that they were the people, and
as such the sovereigns ; sovereignty not confined
to ally class or colour ; for all .were equal, In-
dians and Negroes, Creoles and Spaniards, all had
an equal right to be considered as the people of
A met ica.

" The Cortes, like all theoretic statesmen,

Speedily found their doctrines irrecOncileable with
their interest. The decree of October, 1810, af-
firtned the equality of the Americans, and their
right to be represented in the 54111 e 'proportions
as the inhabitants of the Peninsula (viz. one tnet-W-
-her for each Airy thousand son's.) A few months
after it brill been promulgated,, the deputies for
Alocrica brought bdore the as;iembly some pro-
positions grounde4l on this decree, and calculated
to reduce its principles to pictice ; but the lite-
rates, the strenuous advocates for abstract rights
and theoretic decrees, knew that America con-

aired more inlibibit ants t ban Srikiin; :tnd, reckon-

log by the head, she
.woold have A majority of
membcrs in the Cotter. This parry formitig a
majority, were eager for the fabricatiot► and
adoption of a metaphysical republican coostitd-
tion : whit effect might be produced by the intro-
duction of a majority of Americans they knew not,
and- hey combated, in a discussion-of icveral days,
the application of their own principles, and suc-
ceeded in rejecting the propositions.

" The Adapt at ion of tht ir principles to' the case

. .
of America was deferred till the constitution could
be niinufactured. In that motley composition,
by a strange departure from their own doctrine of
equality,, they enacted that no one, who was de-
scended in the remotest degree from the African
race, should become a citizen, so as to entitle him
to represent or to be represented. •Ity thus die-
franchising all of Aft ican race, they lessened the
comparative population of America, aud thus the
majority in the future Cartes would be European
Spaniards. The juntas in America could never
understand any reason fur restricting the rights
of sovereignty to the European amid lodian races,
and for the exclusion of the Negroes and their de-
scendants. The same caprice (for such it appear-
ed) which excluded the free descendants of those
mixed races, part of whose origin coital be traced
to Africa, might be extended to those of Indian
origin, and thus nineteen-twentieths of the inha-
bitants of America might have been deprived of
the rights o man.
" It would be difficult to describe, and disgust-
.

ing to contemplate, the minutiae of those scenes
of horror which Spanish America displayed during
the period in which the metaphysical Cottes of
Cadiz ruled the Peninsula. ‘Vhen th,:t body was
dissolved, and a newset of representatives chosen,
the important events nearer their residence en-
gaged their whole faculties, and prevented them
front paying attention to that confusido and deso-
lation which their predecessors had spread over
the distant regions which were once subjected to
the Spanish crown. The Cortes of Madrid were,
upon the whole, a better composition than those
who framed the chimerical constitution ; they had
less talent, but they had less Presumption ; and
it, the mob of Madrid bad not overawed them ulur-

,ing their ephemeral existence, it is probable some
at►empts might have been made to retrace tl►e fa-
t►►l steps of their predecessors ; but the victories
of the allied troops in. Spain 'an►i the South of
France, as well as in Germany, following in
quick succession, induce►( Buonaparte to release
Ferdinand.

" The release or Ferdinand was unexpectedly
announced in America. in most pates the differ-
ent hostile bodies were acting in his name (tor
only Caraccas and Buenos Ayres had declared tor
independence), and professed to be contending. for
the preservation of his anthority. *His liberation
therefore becatnethe signal for the suspension of
war, and hopes were entertained that the pause
which took place. in the western world would pre-
vent further hostilities, and lead to peace and
tranquillity. The Cabinet of Madrid issued pro-
clamations addressed to America, in the language
of Condolence and conciliation, declaring ' that
the king, when rightly informed of the excesses
eimmirted by hcth parties, would become the me-
diator het‘veen his European and American chil-
dren, in order to terminate those dissensions,
which would never have occurred but for the ab-
sence and captivity of their common parent.'
This slight prospect of tranquillity was, however,
quickly dispelled. Whatever intelligence of "the
situation of affairs in America reached the S;panish.
Cabinet, carne through, the medium of the Vicc-

toys and Ouvernnrs apimmtv:i Corruc f‘f
the instigation of the Junta 4,1 ,teo.
zeidons iii Securing to that 'city the monopoly
coinaerce, ttitt 17hO bent cai:ried on the Av;ir %yr..
such ekterininsafing fitry as L
+,IIY
unfit for‘the mild office of paci.heatot s. When Vet'
dinand abolished the constitution, The prest, the
posts, atiSma4 CIVIL rdEces were left in the hiud4
of those who had betii the partisans of tLe Cur:e9
And their Regency ; the reportS' transmin,d
America by their menus,. were such as tended to
prejudice the character of the king and his mini-
sters, arid to kindle the languid date of insurrec-
tion throughout that continent, and thus tie liop4
of termination to the mar was speedily blasted.
(To b:! continued.)
LAW iNTV,LLIGENCE.
cbURT OF CHANCERY, Dcc. s.

WILLIAMS V. IsTED AND THE COMMISSIONERS Of

THE LAND-TAX.

The Loth 'CIiaNCELLOft gave an elaborate
judgment iu this case. It will he recollected that
it came before his Honour the Vice-Chancellor in
the shape of a demOrrer to the plaintiff's bill, on
account of the Ctitirt not liavnig jurisdiction. The
bill prayed fur a specific performance of a con-
tract ‘vliich the plaintiff alleged he had made with
the defendants; the Commissioeers of the Land-
tax, for the purellase 'of certain land-taxes in the
borough of Weymouth, .and his honour allowed
the denturrer. The plaintiff appealed to the Lord
ChaOcellor against toat .decision, and his Lotd-
ship, in giving his judgnarsit this day, allowed
the demurret, cimfirming the judgment of .his
Honotir. His Lordship held, that the Commis-
sioners were servants of the Crown, and merely
instruments to carry into effect part of a contract.
which was contacted by other Officers of the
Crown; and therefdre Were not responsible as A
budy.—Demurrer confirmed.
courtT t cONINION FLEAS.
TOLLS IN COVENT-GARDEN MARKET.
LowDEN AND ANOTHER V. HIRONS.
This was an action of aisnmpsit by the lesseeS
of Covent-garden Market, Muter his Grace the
Duke of BedfOrd, to recover certain tolls alleged
to he due by the defendant, a market-gardener;
in respect of peas; beans, and other vegetables
brought by him to the said Market. There were
copula for the rise and occupation Of a stand for'
the defendant's carts mid waggons; but thOse
were abandoned, the plaintiff relying upon Hi&
counts for tolls. The question involved in this
action is of the utmost importancii, not only to t
most meritorious and numerous 'class of persons;.
namely, the market-gardeners, but also to the
public in general.
The case of the plaintiff was condrfcted by Mr.
Setjeant B st, Mr. Serjeant B!ossett, and Mr.
Espinasse ; and that of the defendant by Mr,
jeant Lens, Mr. St.rjeant Ooslow, and Mr. Sr
jeant Copley.
The ohjert of the action was to e-stablisb
right on the part of .the lessees to take tolls for
pease and beans entering the market, after the.
rte of one penny per Sank the defendant itriiit=,
lug that the proper toll payable was 4d. for
cacti cart, and Is. for each te,aggon; loaded
pease or berths, NI, Metter what number tat' sacks
the vehicles might Contain.
The case of the plaintiff's tested ,Ipot, the f
raise granted to them by the Duke of Bedford is
one year, at a remit t f 2,N01, to which demise was,
annexed a s}..!hedule of tolls payable Mt Vegetables
.sold in Corent-garden Merket within the tleoter
stone; next a late Act of Pat litithent passed for
making the tolls payable by the sellers, and not
by the buyers, of vegetables ; and, lastly, the
oral evidence of a gt eat many market-gardeners
and salesmen, to skew that the toll of Id. per
sack for pease and beans had been a great many
years demanded, and acquksced in by the wit-
nesses.

Mr. Serjeant Lass addressed the: Jury on the
part of the defendant at great length, and after
wards produced ancient documents front the Par-
liament Rol6'ol-flee, and then called a great (lum-
ber of witnesses, for the purpose of she►ving,
That the right to take tolls at all in Covent•gar-
den was extremely doubtful, the power 5,5
to do never having been granted to the ances-
tors of the Duke of Bedford : 2d, That the
right could not be upheld by any custom whiets
had obtained, inasmuch as the amount of flft:
tolls had varied from time to time, and bad nut
that certainty which was required to maintain a
custom ; and, 3d,That the practice had been for ix
series of years, as long as the. witnesses could re-
member, to pay 4d. for a cart, and Is. for a wag-
gon, loaded with pease and beans. The stun sought
to be recovered by this action was Bd. for two
carts, the' defendant having tendered that sum to
the Collector, but had not pleaded the tender.
Mr. Serjeant BEST, in the course of Mr. Ser-
jeant Lens's address, disclaimed any privity otv
the part of tl►e Duke of Bedford to this action,
and denied that he was iIiStrHEI,EO to appear far hi,
Grace.

Mr. Justice PARK, before the defendant's ens
was cone-hided, intimated a strong doubt whether
the plaintiffs could recover a verdict even fur eight*
Pence, because he %vas clearly satisfied that no le—
gal title had been made out to take tolls at ail.
and therefore he recoinmended that a Juror should
be withdrawn, in order that the question as to the
legality of the light assumed by the Duke of Beet
ford might not be prejudiced by a verdict to vviii4f4,
he was no party.
Mr. Serjeant BasT expressed his determination
to go to the Jury for Bd. insisting, that inasmuch,
as the defendant had not pieaded a tender, he could
not resist the verdict for that sum.

Mr. Justice PAP.K acquiesced iu the strictness
of the Learned Setjennt's objection,. and directed
the Jury to find a verdict for the plaintiffs for Sa•
but gave the defendant liberty to move to enter A
13011SUit.

The Jury accordingly found a verdict for Ilia
plaintiff—aonages, Eight-peilee ; and tlins, by
this dccision, it iS now settled that the lessees of
the tolls have vuo right to charge ill. per the sacs-
of pease and hems, hut that the proper mode, itt
ail events, is only to charge 4d. for each cart, 4941
Is. for each Waggon

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