The Sun.
London, England, 1826-08-07 00:00:00

SPIRIT OF, THE PUBLIC JOURNALS.

The Constitution decreed, and by this time, we trust,
pretty nearly. established in Portugal, has by its promul-
gation throughout Spain and over the Continent, throWn
the Whole firma legitimaey into terrible ilium. Ferdi-
mend, with his inquisitorial and hateful GovernMent, seems
to -bein an agony of terror. lie is so, we apprehend,
With Sufficient cause. It may be remarked,' that the only
materials existing. in Spain fora national force of any re-
spy alile character, are,,to be found among a class of men
who proved, while tiny thing like a. struggle of parties ex-
isted, the most stanch and incorruptible friends of a free
constitutions The militia of the kingdom was composed of
the middle order—that ia, in the greatest *degree, of inen
who had some small property, real or personal, to support
them; either money, land, or merchandise, and who filled
the same rank in Spain as the National Guard on the nor-
thern side of the Pyrenees ; but the Spanish militia
Were, upon the whole, ofia more enthusiastic, earnest,
and active disposition for military service than their
co-relatives .among the French people. The Consti-
totional Government of 1820 to 1823, with that per-
, verseinbecility which sat upon all its measures, failed
to make the natural use of this great body or theoretic
.militia, which, wherever it was called out, behaved
with noble energy, as well in reeistance to the servile
faction as to the French invaders, It was the young
militia of Madrid who gave the French army whatever
trouble it met with at the Trocadero, and. in the siege of
Cadiz s nor, though perplexed and betrayed by the Court,
was. there shown, on the part of theaebravo menltheleast
symptoinsif unsoldietly despondency. Now, Ferdinand
being .deprived by his own, baseness of the means of keepS
ing anpegular army on foot, was compelled to have re-
, eeiseai ttr the Royal voluriteeris! -a substitute for the
But well-informed as *ere the Monks
at the head of the GoVernment, what had been the spirit,
and what would be the conduct of the tradesmen and
small proprietors, if again enrolled? They dared not
draW from the scabbard a weapon so perilous to the hand
whielt.,.lield it. To coostitote, therefore, the corps of
Royal Volunteers," vagabonds of the worst descrips
t oils were invited to join the Royal standard, already
iliskraCed'heyond the risk of further degradation. These
Wretches were for time mostpart as unable to support them-
selves rite. the Court was qualified to assist them ; so that
the Royal Volunteers, in other respects fit guards for
the
,person and crown of Ferdinand, have never been rm.
oieroiss or effeii!tiye as a military body. An attempt Ives
made two_ ware ago to infuse fresh vigour into this deeply,
catikered mass, end a decree was issued upon the subject
of its reformation; but it remained a dead letter. A new
ordinance was signed .by Ferdinand on the Bth of June;
and in every point essential to his objects, or to , the real
efficiency of this corps, we venture to pronounce that the
present decree will experience the same fate as its prede.l
censor. After pro,,ribing the orgaidsation of the Voluit-
. teer Staff, with an Inspector-Generid at the head of it,
the ordinunee proeelits thus i—The Royalist Volunteers
will be composed of the inhabitants of each commune;
who, poSseiiiihig the 'Means of a decent and honest liveli
hood, have likewise afforded proofs of loyalty, &c. &c, lot
the King and ft, r his
.dynasty. The next paragraph ex-
cludea from this new-old corps, all ex-Members of the na-
tionahrolunteertnilitia,aod purchasers of national property
:--these who .« in the times of anarchy," that is of the
Cortes, had manifested any disaffection to the King, his
sovereignty,. &c., or had been members of secret societies.
It is elear, -therefore, that the exclusions are such as to
nullify.. completely theelause determining what shall be the
composition•of the " Royal Volunteers, inasmuch as the,
great bulk of persons possessing an independent livelihood
come distinct) under that exclusive clause. Again," The
great object 'of the institution of Royalist Volunteers, is to
condiat and exterminate revolutionists and eintapirators,and
to teas upthe revolution by the route." Here then displays;
itself another bright characteristic of the paternal Governs
ment of Ferdinand.. lie dreams. of nothing but persecuting
and ditstroying—of revolutionists still aetive—and of,
plots against his person and time state. 'lsbell bow, in
thelnotte of Heaven, can this wretched rum suppose that
it will be possible for him, or for those who reign on his
principles. to, keep such a Government together ? Why
should there be plots and revolutionists in his kingdom,
after he has now for nearly four years lied the whole na-
tion at Pis feet--himself, his monks, and his French mix-
ilieries, in full sovereignty,s—and with the power of ruling
according to their own fancy? Why, Louis XVIII. after
his second restoration, was able to send away, the foreign
troops beyond the 'frontiers in less than a fourth of the
time. . The army under the Puke of Wellintisen was not
coated in the heart of Louis XVIII:e dominions, nor
,were his interior fortresses garrisoned by foreigners, nor
was; there a Russian, Austrian, or English garrison within
a few leagues of Paris.. Obvious it is, therefore, that if
Fesdheasil has not yet succeeded in putting down the re-
svolutionara• spirit among his subjects, the principles of his
Government ,;re unfit for Stiehl,' and will never enable
hiin to &license with an array of foreign mercenaries.—
The question, we hope devoutly, will, soon be brought to
the test. Portugal cannot be long a represented nation,
and Spain an enslaved one, any more than Spain could
be a conquered kingdom after Portugal was rescpnquered.
The analogy between the time Ow and peace is com-
plete. Spain was
_raised from prostration to Buonapurte
by.alever fixed on the side of Portugal; she will now be
liftealfrom civil despotism by fixing the fulcrum at the
mine, point. England has been the conductor of both ex-
periments;; and may•hononr as. well as fortune attend her.
it would appear from time memorial of the manufac-
t tines; of Birmingham, presented by a deputation of that
body 'to lila Majesty's Ministers, some day ago, that trade
is us languid there ass in other towns. This is not at all
to he wondaed at.: These manufacturers, owing partly
to their own conduct, have got into &dilemma, and they
foolishly suppose that Government can get them out of it.
In making this applieation for relief' they seem to have
forgotten or overlooked some of the most material causes
of their present complaints.' For the 'lest fifty years, Bir-
mingham has been rapidly inereasing,, in consequence of
the great demand for hardware, goods in almost every
part of the world. When peace came, the trade by' de-
grecs assumed a different character. The people on the
Continent acquired security, and- began Ow roanufarttire
of
those goods which they had been in the habit of 'mior-
inte scrom Birminglunn. The United States of America
• followed the example, and are now menufaeturing hard-
ware for thernselves, and perhaps, too, for other nations;
The Birmingham manufacturers must have been aware,
sia;tlraWittg up:7410. memorial,' 'that they were, in a great
metteursithe cause of this change. A great quantity of the
hardSvere gOOds made for the foreiga,market lately haw
been of the inoiit inferior deeetiption. Foreigners soon
saw that the famed sukeriority of the. English goods was
all 0, delusion, and tried to toutillfaCtUrfs, for' themselves.
Time North Americana e yen- boast that in someartielet they
excel us, 'We 40' not at all dank this, for if the quality of
thegoods catunifitettred.for the English market has fallen
off so much, we may easily imagine what kind,uf wares are
Scent chit to foreign isountricia Razors, pen-knives, and
artiojes of asittular. deseriptien, do not laat half the time
The great object of the mann-
they did twenty years .ago.
'make as Many goods as
facturer have been to
and to make tit least one goof!
possible at the elie,plit. rate,
whether purchasers would ever
bargain, without reilectuig
return,. A revulsion in consequence haktaken place, and,
sago these ,Birminghato iootifactiii_o's be sur.priuedat
Can tinty 110 0111060 thig,
_the United :7114,. will not
ea f rinerly when the people there can
• tale thou' gl'")`l4 • .ts of the Wurhl
? lint besies these
supply theins.eives, ano pier...ups oseer pat
with articles Of a better (testi-ippon
I,i Ulang...off in
rettaous, there alas other'., for th° 97"
the den,,old. nontraettiring towns cannot go on inereas-
) greater t
f , The
olvotte,/ tows as ,Diesoinelunin kninhw,
-4.fledie44.iNsa e.
Ur, ~asy to!.prOdilee
444 tMs the t,,,A;e nothing:hut
""t 'l, Ai- With the knowledge
, • proper; balance,
4:744 .stance, for' what purpose did tliey
.10 - 1 ,to Loral ? Cloyerumeut cool('
mo► 4 44. .
'4o'4:lie • -=.47"74
"1- •

do nothing for, them, and Lord Liverpool and the other
Ministers, who have some knowledge of trade, should
have sent them back as fast as they came, at the same
time informing them that Ministers could do them no
good—that they could not force foreign nations to pur-
chase our goods—and that they did not consider it politi-
cal to increase the quantity of paper'medium for the sake
of the Birmingham manufacturers,- If Ministers, in order
to relieve the market, bad either attempted to dictate to
foreign nations, and bind them down by commercial
treaties to purchase our goods, or if they had increased
the circulating medium, we should have considered
them unfit for their situation. They acted, we think,
with great propriety; they received_ the deputation with
politeness and respect ; and after hearing .their .com-
plaints, intimated, irt a civil and courtier-like manner,
that they would take the subject into their most serious •
consideration. We have no dOubt that they had consi-
dered the matter well before that, and had made up their-
minds. It .appears that some who signed the memorial
had been in trade for forty or fifty years. We should
have thought these might have made a fortune during the
prosperous times,- and have resigned their places to the
young ;tad enterprising. The old adage among trades-
people is, " Nothing like young and poor blood," mean-
ing that such persons are the most likely to carry on
trade successfully: 'The memorial, on being presented
for signature, was objected to by several'. of the Bir-
mingham manufacturers. Some said their trade had not
fallen off to the extent stated—others thought the subject
ought to have been taken up by the Chamber of Com-
merce ; and a third party wished u Town Meeting.
Either of these plans would have been preferable to that
of posting up to London. They, no doubt, thought to
take Ministers by surprise, and prevail upon them to get
the trade out of the dilemma by some hove* focus contriv-
ance. They reckoned without their host;d Ministers, we
trust, have seen enough of these temporary and delusive
remedies, to have recourse to them for the future. Had
the subject been discussed either by the Chamber of Com-
merce, or at a town Meeting, it is not improbable that a
Memorial of a different description would have been
drawn up. At least we are sure that men of plain com-
mon sense and experience, and free from prejudice, would
have formed a very_different conclusion. It is admitted
on all hands that over-production is the cause of the evil,
And that time alone can effect a remedy. We have re-
peatedly seen similar revulsions in almost every species of
traffic, and seen enough to be convinced that no temporary
remedy can in the end be of any use. Agriculture affords
a most remarkable instance. During the war grain
brought such a high price, that almost every spot that
could be made arable was brought into cultivation—fens
were drained, commons were inclosed, woodlands and pas-
tures were broken up, and, in course of time, the produc-
tion became so excessive, that not a sufficient market could
• lie found. Prices fell one-half, and Government, in order
to relieve the farmer, got the Corn Laws passed. These,
it is well known, had no effect. Prices continued low till
very lately, when the supply became proportioned to the
demand, and the fanner, in consequence, received a proper
• return for his produce. Ministers have been sufficiently
hammed' with complaints and reproaches for their inter-
ference. in this instance, to have,recourse to any similar er-
pedient in favour of the manufacturers. --Morning,
Herald.

In this country a very hard measure is dealt out to dra-
matic authors. The following recommendation of the
French Commission is conceived in a truly liberal spirit :

" Dramatic works exacted a special disposition. They have,
in fact, a double eiistenci—that of representation and that of im-
pression : in this last respect they belong to the class of other
writings; but, relatively to their representation, cannot they give to
the author and his heirs more than a. temporary right ? In fact,
here the privilege of the.author and his family will not cease for
the benefit of the public, but for the
,profit. of the theatres. Would
it not•then be just to attach and prolong it, as it were, to the
whole posterity of an author? But then this disposition would
bring with it all the consequences of art exceptional right : it would
be necessary, in that ease, to render the part if dramatics. author
inglieueble, and. ,to suhatitute It in the direct .14*. In thia way,
we should fetter an author in the exercise. ofUse own rights. if
on the other hand, this hergiditary and indorpite privilege
Were transmissible by alienation, then it would not guarantee Mi
Wilily for the future, and the grandson of a great Poet might live
in indigence beside the speculator enriched with his spoils, The
Commission thought that it would be better to render the text of
the law uniform, limiting to fifty years for the representation, and •
the impression the'exclusive right of the heirs of a dramatic au-
thor,. and 'leaving the author himself at liberty to dispose of it."
We extract at length the whole of that part of the pro-
jeat which relates to Dramatic Works, in the hope • that it
may stimulate some legislator of our own to attempt some-.
thing similar here
TITLE Tier BIGHT OF DAAMATIC WOV,Ka,
7. The Dramatic Works of living Authors shall not be re-.
presented on any theatres, without the consent of their authors.
`" 8. The agreements between the authors and the managers of
theatre* shall continue to be free. No authority shall either fix the
rate of rewards, or moderate or augment the price agreed on ; and
the, share of the author cannot be tains in execution by the credi-
tors of the theatrical managers.
"9. After the decease of the author, every theatre duly autho-
rised may represent his piece, on paying to his widow, or the
heirs, legatees, or donaturies of the author, a share equal to what
he received at the time of his death.
"'Phis shallcontinue for fifty years. -
" 10. 'With respect to the impression of draiatic works the
tights of the author; those of the widow, of his heirs, legatees, or
donatories, shall be subject to the general rules traced by the first
title of the present law."
Mr. Moore, in his " Life of Sheridan,". hiss some strik-
ing observations, on the superciliousness displayed by the
Aristocracy towards mere men of letters. We rather
think that, with all their faults, :the Aristocracy are the
best-behaved people among us, and that it is in the middle
ranks that contempt towards real or supposed inferiors is
most offensively manifested. Be this as it may, it will be
a long time, however, before we find the Aristocracy of
this country holding repeated sittings for the purpose of
improving the legislation respecting Literary. Property,
and in order that the rights of no order of men may be
injured, associating with themselves in their labours Dra-
matic Author's, Players, Booksellers, and Printers...-.
Morning Chronicle.
The Lord Chancellor and Vice-Chancellor seem to have
that sort of feeling,towards each other at present, which,
in'eerninon parlanee' ,is expressed by the words" live like
cut and dog." On Wednesday,-according to a report in
the Newspapers, the Lord Chancellor took in great
dudgeon a declaration of the Vice, that he would not he
interrupted by any Motions till he got through his Bank-
rupt Petitions :
" His Lordship was quite astonished to hear such statements,
and desired the Gentleman who informed ldin of them to say to
the Viee-aanceller, that he desired him to hear them. If gen-
tlemen were to look at the Act of Parliament appointing the
Vice-Chancellor, they would tied that it was quite ineoroPeteut
for him to say he should not hear any thing the Chancellor
pleased to order him to bear. According to the present practice,
however, lie seemed to direct the Chancellor instead of the Chan-
eellor directing him."
Much more in this peevish strain did his Lordship say,
and it has, no doubt, been faithfully reported to the-Vice-
Chancellor. The Learned Judge has paid him back with
interest. In a case heard on Saturday, which our readers
will find in another column, Mr. Montague having referred
to the principle in the ease " Sillitoe and
Vice-ChanCeller observed— Goodchild," the
"Wiese read that caiai, Mr. Montague, over and over again,
andaabourcd to mate myself acquainted with it; but Iprofir.
InAle to comprehend the
Pronounced that derision, and I fear I must go down to
saute
my grave in the ignorauce."
(Jn another occasion the principle upon Which
same .
felting to this case, (-spark Sillitoe, observed---
"
The I,sitil Chatu.,ellor bad laid it down as a principle, that,
,two firms, they could.pnw'e
Kum! partners, or one or two of the partners, carried on
• y Mr. Montague, re-
‘, a , to article.* of trade in which they dealt, and were s,"11"
',wed to sell to Nudi other, I 1 I id not wee when
there wee a chin , but t !at -t 'ey t.'"" P
'"unr,l'i because that must be collo erect
wheel of the saute metetire, against eivat other
Ile confer:A this Was a nice distinc-
tion." On this the Viee-Clianeillor.aarcastically remarkeil--" It
is a wheel of titt $41116 tylailiagat but it is the

fore-wheel and tha bind-wheel, and the only difference seems to be
in the diameter."
These are certainly very severe cuts, and they will, no
doubt, be felt keenly, as the Lord Chancellor himself must
have a suspicion of the truth of these remarks. It is un-
derstood in the profession, we believe, that the decisions
of the Lord Chancellor have often served to perplex, but
never to elucidate the law. He is allowed to be acute,
but then he never sees more than a part of a subject, and
is unequal to the 'task of taking a luminous view of any
matter in all its bearings. The Vice-Chancellor may
have his own defects; but being a good logician, he is
feelingly alive to those of the Lord Chancellor, which he
has here hit off very correctly. It has been said that the
Lord Chancellor has not only done less for the improve-
ment of Chancery law than any of his predecessors, but
that he has actually left it in a much worse state than he
found it in.—Morning Chronicle.

LAW INTELLIGENCE..
VICE-CHANCELLOR'S COURT.—Auourr 5.
THE 31AT?ER OF BRENCHLEYS.

In an argument upon the question of partners (the Brenchleys
of Gravesend) engaged in one business being entitled to prove
under a commission of bankruptcy, against the estates of one or
more of the same partners engaged in another business,
Mr. Momnux contended that they were not entitled to do so
with respect to loans of money, but only with respect to articles
of trade in which they respectively dealt, and cited the case in
Sillitoe and Goodchild, in support of his argument, the point
having been there maturely considered and solemnly decided by
the Lord Chancellor. The Learned Counsel was proceeding with
his argument upon the principle laid down in that case, when
The VICI.CIIANCELLOU said—Really. Mr. Montague, I do
not understand; you.
Mr. Monism-me observed, that he was endeavouring to follow
the principle laid down by my Lord Chancellor.
The Vice-Clialvati.on—liut 1 really do not understand that
principle--I never cOblti understand it.
Mr. Morrranut: confessed it was extremely difficult to under-
stand it, but he knew that the Lord Chancellor had devoted a
vast deal of time and labour, and weeks of anxious inquiry, into
the case report in Sillitoe and Goodchild, and pronounced upon
it the most solemn and deliberate judgment.
The Vmx-Chacemoa—l have read that case, Mr. Mon-
tague, over and over again, and laboured to make myself ac-
quainted with it.; but I profess myself still unable to comprehend
the principle upon which his Lordship pronounced that decision,
awl I fear I must go down to the grave in the same ignorance.—
Do you yourself understand it, Mr. Montague.
Mr. MONTAGUE replied, with a smile, that he always thought
he understood every thing which went to favour his own client.
The Vice-CnAncituon—l do not understand the principle
of that decision, I never could; but the judgment of my Lord
Chancellor is final anti without appeal in all cases of bankruptcy,
and lam bound to 'folio* it. I shall, therefore, decide this case
according to the principle laikdown in Sillitoe and Goodchild.
The case, however, subsequently stood over, to allow time to
consider an objection independent of the principle.