The Sun.
London, England, 1827-10-03 00:00:00

SPIRIT OF THU PUBLIC JOURNALS.

Senor Garcia, the Plenipoten4iary of Buenos-
Ayres who formed the late disgraceful treaty of
peace with Brazil,being put upon his trial before
the bar of public opinion, has not been slow in.
ente,..ing upon his defence. The charges against
an are two-Ist, that be transgressed his in-
structions ; and 2dly, that in_ doing so, he signed
a convention derogatory from the honour, and
injurious to the rights of his country. It is
plain that to constitute his deliriqueacy, these
two must be joined ; for if he had succeeded in
gaining better terms by transgressing his instruc-
tions, he would have merited applause ; and if
he had concluded an ignominious treaty by ad-
hering to them, he would have escaped censure.
Senor Garcia quotes instances in which other
diplomatists transgressed their instructions as well
as hiinSelf, liut he..forgets to show that in doing
so they compromised the honour or the interests
of their country. .' Against the second charge, he
defends himself by'asserting, that in the circum-
stances.. of the Republic, peace was necessary,
and that peace could not be obtained on more
favourable terms. Now the Government which
directed his mission was to be presumed the
best judge of this nece!,-,-,,ity,'and their agent was
not at liberty to find out a cause for alarm of
which his Gc;sernment did not seem to be aware.
for instance, that instead of yielding up
the. point in dispute contrary to his instructions,
the Emperor of Brazil had refused to make peace
without subjecting the Buenos-Ayreans to an
annual tribute ; could Garcia have pleaded
Ins own views of a state•necessity as a justifica-
tion of his signature_ to so degrading a condi-
tion ? The unfortunate Minister, however,. has a
right to he heard;, and we .recommend his de-
fence to the attention of those who felt surprise
at his unexplained conduct. The Buenos Ayres'
papers which contain the documents alluded to,
reach to the 24th of July. It appears from
their contents, that the Government had adopted
energetic measures for the prosecution of war.—
Most of the provinces which formerly were ad-
'verse to the war, arc stated to have resolved to
support. it. The treaty concluded by Garcia had
every where been condemned, and it . is asserted
that there never was an occasion in which such
unanimity of opinion prevailed in the provinces.
The public officers are sacrificing their emolu-
Meets to assist in carrying on the contest. The
Provisional President of the Republic has autho-
rised the Minister of Finance to make a deduc-
tion of 8,000 dollars from his salary. A Judge
of First Instance offers to quadruple his propor-
tion of the direct. taxes during the continuance
of hostilities. Private individuals are also sub-

scribing. As at the date of these papers the
utmost limit of the period stipulated for the ex-
change of the ratifications of Garcia's treaty had
expired, it. may be presumed that the Court of
Brazil was also very actively engaged in warlike
preparations, and that the next arrival will bring
some interesting intelligence 'respecting the ope-
rations of tho contending forces. The paper of
the 11th contains an account of Senor Lopez
taking the oath as provisional President of the
Republic ; and in the same paper there is a let-
ter from the late President Rivadavia, offering
to pay during the war triple the taxes to which
he is liable. No military or naval operations
had taken place.—Times.
Our appeals to English charity, on behalf of

the destitute and unhppy Spaniards, have, we
rejoice to say, not been altogether vain. Among
other proofs of the humane interest excited by

the mere publication of their misery, it would
be gross injustice to one generous individual,
and not less injudicious with regard to the cause
• itself, to .suppress the receipt of a donation of
1001., being the sixth -of the same amount since
the firstachlreas in favour-of the exiles, from Mr.
James Tillard, a. gentleman residing at Street;
near Canterbury, who, we are informed, appro-
priates annually a large proportion of an inde-
pendent fortune to similar purposes of benefi-
cence. This example, will, we are sure, be fol-
lowed, if not in the same noble and magnificent
extent, at least in a congenial spirit. It is the
more urgent that something should be done
. 'without delay, because the above subscription,
liberal as it was, cannot have provided the neces-
sary support to so large a 'number as 200 or
300 families for more than a single week at the
longest ; and there seems reason to apprehend
that Government is ready to endure the reproach
of neglecting this chance fed portion of the help-
less' patriots, if it can thereby cast the burden of
relieving them on any other shoulders.—lbid.
In another • part of our paper will be found
extracts from, the late Parliamentary Report on
Emigration. Two weavers of cotton goods were

exaniined. It would appear that they are de-
cidedly of opinion that . the present dis-
tress among the cotton weavers has been
brought about by the immense quantity of goods
being made by means of power looms, and which
quantity has so depressed the price, that at
length the weaver can get little or nothing for his
labour in weaving. The matter, therefore, comes
at- present to this—that a large proportion of
cotton weavers must leave the country or go ta

the poorhouse, or to other employments. v But
these two weavers say, that they and those
placed under similar circumstances can get no
other employment. The machinery of power
looms, therefore, has for the present brought this
description of persons to the predicament we
have stated. As we have before said, the pa-
nacea recommended by the Legislators who drew
up the
,Report is, to rent foreign lands to such
poor people as these, at a low rent, and take a
mortgage on the land for money to be lent, for
the passage out, tools, zie. But in order that
the Legislature may lend money under such cir-
cumstances, it must be borrowed either pa-
rochially or nationally, for we have it not ; we
have it not n the Treasury. A loan must be,
had recourse to by the parishes, or by the Par-
liament, and the increase of debt and taxation be
the consequence. , We can do nothing, in this
case even, but by means of the old method of
borrowing and taxing—and this to get rid of
our poor, who are brought to a state of desti-
tution by means of power-looms and the other
improvements in machinery. We have heard
some say, but we know not what truth there may
be in what we have heard, that there are twenty
'million-a of acres in the United Kingdom in a
state of nature. We think the experiment of
rendin
the. poor .money to cultivate our own
* wage the poor money to cultivate our own
W 55 ads had better be made before we make
the exPetiment of lending them money to euki-
wvaeteshfoortligna
thlai.ukendstl Anla4 to the waste lands,
y might be purchased by Ole
nation at a cheap rate, and,therefore, that they
could be rented "e
t o
the.poor at a very low rate.
But do what W
borrow move --to
will in the matter, we must
o such kpass have our Legi-
slators hrotu nt u s; and if we borrow, we know
we must increase the taxation, or we cannot rtaY

the interest. - These borrowing schemes *ver
do afiy good in the long run. We call the.bor-
rowing system the high- road: of .destruction for.
Any nation that gets into it.---.'Morning Herald.
The Court of Common Pleas'*gas yesterday;
occupied once more with the verses on " Levi.
the Bum." The wounded feelings of Mr. Levi,
who has fOund in,Chief Justice Best a sympa-
thetic bosom into which he might ;pour his tale
of distress, have not .yet found an equally sus-
ceptible Jury ; for after a luminous charge from
the Lord Chief Justice, in which limits of the
liberty of the Press were elaborately traced, and
•
the attack on Mr. Levi . clearly shown to have
exceeded those limits, the Jury found for the
defendants. If, as was stated by his Lordship,
" there is a sting at the end of the verses,' we
fear the pain caused by the sting will not
.be at
all mitigated by the perusal of the long bill which
his attorney will take care to put into his hands.
'We are not fond of betting ; but we would take
a bet, that, painful as the reading of the verses
with the sting at the end of them must have been
to Mr. Levi's feelings, the perusal of the long
list of six shillings and eightpences will pain
them still more. But time is the best physician
in cases of this kind, and we would recommend
to all bum-bailiffs who may suffer from stings in
the tail of verses to beware of the sympathy of
kind-hearted Chief Justices, and to trust rather
to the healing virtues• of Time. The Lord
Chief Justice said, he knew his assertion would
not be believed when he said he was a great friend.
of the Liberty of the Press. His Lordship is
quite out when he attributes to the Press this
distrust in his friendship. The Press, indeed,
never had a declared enemy, from the time of
Judge Jeffreys, downwards. But ever since :the
days of Reynard the Fox, the heaviest blows
have been struck by friendly hands. The Press
has the most perfect confidence in the friendship
of his Lordship, but deems it advisable to keep
in mind the old adage, Preserve me from my
friends."
" The Liberty of the Press," said his Lordship, " is the
liberty of affording information on all subjects, and of en-
larging and improving knowledge of every description ; it
is the liberty, in matters of Government, of speaking fear-
lessly the truth on points in which the writer may deem
the Ministers of Government in error ; and, as far as re-
gards civil actions, it is the liberty of speaking truth in
such a manner that the statement made may be put on the
record, so as to enable bins against whom it is directed
fairly to meet and grapple with it. This is all the liberty
which the Press has or ought to have ; to go beyond these
limits is. but to abase that liberty ; and it is abused when
it is employed for the purpose of holding a man up to ridi
cule. The object of ridicule.is seldom to reform, but gene-
rally to wound the individual against whom it is directed.
Its use is pleasant to those who, not being affected by it,
can smile at it; but the person laughed at is in an uncom-
fortable situation—and feelings of uneasiness, and of anger
and irritation, are the only sentiments which are excited in
him. Its use, therefore, is limited, while the injury it may
do is great."

We wonder, as his Lordship was in the mo-
ralising vein, he did not proceed a step further,
and refer to the denunciation againstridiculeand
scoffing, delivered regularly in the Tabernacle.—
Why ridicule, with all deference to his Lordship,
is as old as . human nature, and will live as long
as folly. Men are not always in the humour of
abusing Ministers ; and we know no man living
but Lord Londonderry, who can hold it out in
the King Cambyses' vein for twelve days run-
ning. Our bile -cannot be always boiling over,
and the .stomach of the stoutest fact-collector
must at length be surfeited. There is a time for
every thing, says the wise man—a time to laUgh
and a time to weep. God did not give man the
disposition to laugh in vain ; and things are so
well ordered, that fools for the most part are in-
sensible to ridicule, which only endears their ab-
Surdities the more to them. We think that it is
pushing things a little too far to interdict all
mirth, out of a tender regard to the susceptibility
of such men as Mr. Levi, the Bum.—Morning
Chronide.

The advantages to be derived from. an ex-
tended system of Emigration, in the present
condition of the British Empire, are so evident,
that it seems unnecessary to devote much fur-
ther space- to explain or enforce them ; we there-
fore prOceed to analyse and 'consider the Report
of the Parliamentary Committee, so far as it re-
lates to the Mode in which the difficulties which
beset such a national undertaking may be the
most. easily surmounted, and the cost which
must at first attend it, be rendered the least
oppressive to the minds and the purses of the
community. The , Committee have estimated
the expence of locating a. family
,of five persons
after their disembarkation at a colonial port at
.601., but upon considering the schedule of tie-
cessary.expences
,comprehended in the
,Report,.
we cannot yield implicit confidence to this esti-
mate, although it is probable that the total may
not be materially wrong. The Committee, to
select -one or two instances, alloW 101. for the
expence of conveying such a family from the
coast to the land allotted to it, which appears to
he rather more than enonglr; and, on the other
hand, they confine the list of articles conducive
to the personal and domestic comfort of the five
persons of whom each family is to consist, to
four blankets, one kettle, and one frying pan.
The class of persons likely to emigrate will pro-
bably not expect their dwellings to be furnished
with beds, chairs, and tables, or register stoves ;
yet zurely a bench to sit upon, a knife or two to
divide their pork, and a milk pail, since there is
to be a cow,.would not have seemed extravagant
or injudicious accommodations. Agreeing in
the main with the Committee, as we do, we
cannot but lainent that the4general confidence in
its calculations and conclusions should be im-
paired or endangered by any apparent want of
accuracy and caution, even in the smallest
matters. Taking, however, 601. as the neces-
sary expence of locating :each fiunily, the
Committee recommend that. 4,000 families
should be located at , the expence of Govern-
ment in the first year, 6,000 in the second,
and 9,000. in the. third ; numbers progressively
increasing in obedience to the very intelligible
principle that an increased production of food'
ought to precede the sudden introduction of a
new population. The Committee have taken
these three years, and this extent of emigration
as the basis of their calculation, although it is
obvious, as they observe, that the same system
may be pursued to any extent which the excess
of population in Great Britain, and the quantity
of-fertile and unappropriated laud in the Colonies
may render .expedient. The location of the
19,000 emigrant,,families of the three years will
occasion to the country arrexpense of 1,140,0001.,
which sum the Committee recommend shoUld be
raised by joan,:progressively, as it will be re-
quired, the interest with one per cent. of Sink-
ing Fund, amounting together to 57,0007., to
be charged upon the Consolidated Fund.—
But this is not to be a permanent charge
upon the finances .of the country. The Co-
lonists applying ~for this .*assistance are to
engage to repay to the Consolidated Fuinl

the Able of its outlay, by an annuity to com-.,
mence the third - year after , their settlement,
and to he for that year at rate of 10s. for
each thenceforward gradually to increase
by an addition of 10s. yearly, until it, reaches
51.; and to continue at that rate so long as any
part of -the Original advance, - with its accrued
interest, Mall remain unpaid ; which will be from
the commencement of the repayments, a period
•of thirty years. That the Emigrants will be
elevated .within, the .prescribed period .into a con-
dition in which these payments will be ,easy, and
that the Colonial Legislatures will be dispOSed-to
grant every. legal facility for enforcinithem, none
of the witnesses entertained any .doubt whatever.
The Committee further recommend, that: an
Emigration Board should be established to which
families desirous of Emigrating may apply for a
ticket, entitling them on-their arrival in the Colony
to the regulated assistance, upon their compliance
.with'the prescribed conditions ; this 'Board to em-
ploy agents in different parts of the country to
inquire into the character and fitness of indivif
dual applicants, and especially to guard against
the danger of paiishes or districts, or proprietors,
availing themselves of the system for the mere
purpose of casting the burden and annoyance of
refractory, vicious, or helpless objects from them-
selves. upon the Colonies. It will be seen from
the imperfect sketch we have now given of this
part of the Report, that the difficulties of the
subject have in a great degree given way before
the investigations of the Committee, and that
the advantages which have so long been held out
to- the country as likely to result from an ex-
tended system of Emigration may be realized
without any violent effort at the commencement,
or -any permanent burden whatever upon the
finances of the State: kw ill be perceived that the
Committee have left the expences of the conveyance
of Emigrants from their present homes to the Colo-
nies, to be provided for exclusivelyeither from their
own individual resources; or by means of paro-
chial or eleemosynary aid. We feel persuaded
that this suggestion of the Committee would be
mischievous in its effects, and that whenever.the
subject comes to be considered in Parliament it
will be rejected. But we must defer the state-
ment of our reasons for this opinion to a future
occasion.' Of such a production as this Report,
intended as it is solely to convey important
in-
formation upon a difficult and interesting subject
of national policy, the merely literary demerit'
would certainly have escaped our criticism, had
not some of our contemporaries thought proper
to bestow the warmest encomiums upon its ar-
rangement and composition. This misapplied
praise compels us, however, to acknowledge that
the Report must be read as it has been written,
exclusively on account of the information it con 7
tains. If it is to be viewed at all as a literary
effort, it must be rated rather below than above
the general standard of productions emanating
from a similar source.—Morning Post.

The evidence of Mr. Malthus before the Emi-
gration COmmittee, a part of which we give in
to-day's Nov Times, will not fail to be read by
all who are sincerely desirous to come to a ,cor-
rect judgment on a most important subject, with
the attention due to the learning and genius of
the Reverend Witness. Mr. Malthus did not
conic to the discussion of the question unpre-
pared ; for, in his celebrated Essay, and, more
lately, in his Treatise on Political Economy, lie
had had occasion to refer to it. He had, be-
sides, visited Ireland in 1817, and was thus en-
abled to add his own valuable observation to
those of authors who had treated. of the condi-
tion of the peasantry in that eountry. The
practise of subdividing the land to a great de-
gree has not, of course, escaped Mr. -Malthus's
:attention, and to that, and the general use of
thepotatoe as food, he attributes, as all who have
coolly viewed their effects have donei.the rapidity
with which the population of Ireland has, within
the last fifty years, increased. His opinion of the
deep injury which the minute division of farms has
inflicted on that country, and must ultimately, if
the practice be persisted in, inflict on this coun-
try. also, is decided, as well as his approbation
of an attempt to return to a healthier system, as
the leases 'of these small farms successively fall
in. And he observes very justly, that if ever
Government should make a sacrifice, in order to
get rid of a portion of the redundant population,
it is at the moment of such a Change that it is
peculiarly called on to make it.—The confirm-
mice of the present system, all the principles laid
down in the Essay on Population, and all the
facts by which they are illustrated, equally con-
cur in sheaving to be impossible. It must be
checked by the operation of natural causes—by
the demand for food pressing on the means.
of supplying it —a check which; it is very justly
observed, will be necessarily accompanied by a
prodigious quantity of misery, 'and its ne-
cessary consequence, a dreadfully increased mor-
tality. The transfer of paupers from Ire-
land to England and Scotland, appears to
Mr. Malthus to be pregnant with the ut-
most danger to those countries. On this point
we cordially concur with the Learned and
Reverend Gentleman, but we think it of some
moment to point out a slight distinction, which
does not seem to have been attended to. It is
proposed to relieve Ireland by Emigration ; now
it does not seem to have occurred to the Com-
mittee, nor to the witnesses, that this relief, so
Tar as. Ireland only is concerned,. would be as
effectually obtained by emigration to England as
elsewhere. We do not, of course, make this ob-
servation with a view to recommend such an
emigration, but merely`to correct a slight mis-
conception which has crept into the Report...—
The opinions of the Rev. Witness on the subject
of the poor laws,---a subject on which .he has
been. so traduced by those who could not; and
those who would not, understand his views:---are
of the-highest importance. ,But in this, and on
many other points, we must content ourselves
with referring our readers to the evidence itself ;
for were we to dwell on each particular that is
deserving of attention, our notice would extend
to as great a length as the: object of it.--New
Times.

Long before the-stomach-pump was invented,
the stomach-brush was in fashion. It appears
to have closely resembled an instrument used by
wine-coopers, called a bottle-rinser. When let
down into the stomach, it was agitated by a
circular wire, and was thought, in conjunction
with copious draughts of warm water, to cleanpe
the stomach thoroughly.-- Wadd's Memoirs.;
CANNIBAL EPICUR s m.—A savage. belong-
ing to St. Vincent's showed me the foot of an
" Alouague," which he had in his basket. He
only ate Alouages; who -are savages from the
Main, near the Oronoco. They say that
Christians give ihern the belly-ache. They had,
neveTthelen, within the year, eaten the heart of
an Englishman.—Southey's Chronological His-
tory of the West Indies.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, OCT. 2

LEVY V.. MILNE AND ANOTHER. , • -
.This case has already been several times before
the public. was an action of libel brought by a
Jew, named Levy, who follows the occupation of a
Sheriff's officer, against the publisher of a small pe-
riodical' called the Spirit of the Times, fOr the publi-
cation of a number of. verses, and' a print, which the
plaintiff alleged were calculated to excite a prejudice
against hihi "and by. that Means injure hiM in his
profession. At the. former :trial the Jury 'found a
verdict for the defendants, on the, ground,that they
did -not 'consider the publication libellous. In the
Course 'of •EaSter Term last, however, the plaintiff
obtained a new trial, and the case •now came ,on for
the second hearing. '
Serjeant ADAm,Stated the case for the Plain=
tiff, and rend the alleged libel, which he
,contendeA
was in every sense, of the word libellous, and calcu-
lated, beyond all doubt, to hold the. plaintiff up to
general.ridicule. . .
Mark Nathan was clerk to,Charles Lewis, the,
plaintiff'S attorney, and had called on Milne; the first
defendant, in. order, ifpossible, to get him to admit
that he. was the.publisher of the, libel. After,some
conversation, wittiest succeeded in getting this ad-
mission; -He .then• went to the residence of the
other defendant, Duckworth, where he met with
the same success. " _ .

Charles Leivis, on being. called, stated, thai he was.
the son7in-law of the plaintiff, positively , denying
:hat he was his son.

Mr. Serjeant \%TILDE addressed the Jury for the
defendants. He contended that the publication will
not Libellous. It" was a mere good-humoured effit-t
sion, and, although certainly calculated to raise mirth,
it was'not such as could, for a moment,,injure the
plaintiff.
Previous to summing up, the LORD CHIEF Jus-
TICE recalled Mark.N,atlnut, and showing him some
writing endorsed on the back of the book in which
the alleged libel was contained, asked bim if it were
his hand-writing, and on being answered in the affir-
mative, asked if that memorandum were made di-
rectly after'he bad called on Milne, for the purpose
of getting the admiision from him. To this the
witness also answered in theeffirmative. - His Lord-
ship then desired him to read it, and say how • he
could reconcile it with the evidence he had just
given. The memorandum stated that be called on
Milne only, who admitted that both himself and
Duckworth were the publishers. The witness did
not appear able to account for this variance.

VW LORD CHIEF JUSTICE then summed up. He
was bound to tell the jury, he said, that whatever
held a man up to ridicule was a libel upon him • by
this law, therefore, he told them, that he considered
the publication in question was a libel. Re said,
although lie knew he should not be believed—that
there was nota better friend to the liberty of the
press than himself. When he said that, however,
he meant the true, the genuine liberty of the press,
that exercise of its powers which tended to the
improving and , enlarging of knowledge in every
branch, speaking fearlessly the truth, and by
that means showing the ministers of justice where
they. had erred, but never going beyond the strict
bounds of truth : and in civil cases stated in
such a manner that a defendant may justify by plac-
ing it on the record. This was the true liberty of
the press, and if exerted in such a manner, was cal-
culated to do all the good the country expected from
it. It would prevent its being abused, and if abused,,
would protect it. The learned. Counsel for the de-
fendants had stated that the libel was only calculated
to excite amusement. True, many might be amused,
but still one would be rendered unhappy. His
Lordship bad observed that the reading of the verses
had excited a smile n the countenances of all in the
box. Although amusing to them, they must be aware
that the laugh had the effect of making the plaintiff
unhappy. They must consider how they would like
to be treated in the same manner. In no way could
the press become so tyrannical and so detested as in
holding up private character to public ridicule and
scorn. The tenour of the_ whole of the publication
in question was, undoubtedly, to insinuate that the
plaintiff had on a former occasion acted improperly.
The Learned Counsel for the defendant had said
that the whole was merely playful; but such play-
fulness certainly appeared to his Lordship deeply
imbrued with malignity. The circulation of true
reports of the transactions in the public .courts of
justice was undoubtedly very valuable to the public;
but, a person was not to take parts of a case—he was
not to state merely the judgment or the verdict, but
was to state the whole of the facts as they appeared,*
by that means allowing the public to judge of the
nature of the case. His Lordship had no hesitation
in saying, 'that in point of law the present publica-
tion was a libel. The next ' point to prove was,
whether this plate related to the plaintiff, That had
been distinctly proved. - If, therefore, they believed
that Milne was the publisher, then they would re-
turn a verdict for the plaintiff, with such damages as
they should think.the nature of the case required.
The Jury, without hesitation, returned a verdict
for the defendants, on the 'ground that the publica-
tion was not proved..