The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-05

encopntsF Ihsh tie feeensa Of bis ssasraIs IN
jii2 lis only son, Louis tie pauphin, his eldest
srundson the Duke CT Bnraundy, and the Duke Of
Bursuudy's eldes, son, sll died within few
months; leaving as the only survivor Of the elder
branch, the only remaining son OF the Duke of
Bufgundy, n s.ckly child of three wears of age
whose life wss at this time despaired O by the
physicia =, but who afterwards regned as Louis
lis strength aud hrrrness, Frustrated by these
multiplied cslamities, and his resources weaken
I'd by the double war, which had lasted for ele.
ven years, LOUIS found himself az length compell'
"a 10 consent 10 treaty of peace. The propo-
sal came from Anne ofEneland, who, having had
4 MISUNDERSTANDING with her lavorte, the duch-
ess OF Marlborough, determined, In unishrnent
~ that lady's dsrespectful conduct, TO disgrace
the duke. Accordingly, the wing ministry was
misunderstanding tories came into power, and the
duke was re called. Towards the close of l7l2,
negotiations were opened, with view 10 estab-
hsh universal peace throughout Europe, and the
consequence of these negotiations was the ia
nous treaty OF Utrecht, which was ratified in
March, lib.
LIS great grandson, the sickly infant that ! have
mentioned his two grandsons, PHILIPPE V. king Of
Spain, PhiiIpPes younger brother, the Duke de
Berri, and his nephew, Philippe, Duke Of Or
leans. There was every prospect, from the sickli.
ness OF his great grandson, the heir apparent,
that Philippe of Spain, the nearest collateral heir
after the infant Louis, would succeed the old
monarch, and thus unite the two kingdoms un-
der one sceptre; at the same time, that if Philippe
of Spain died without lawful issue, his bro
ther the Duke de Berri, and failing him, then his
uncle the Duke of Orleans, would succeed TO the
throne OF Spain, and thus, on the other hand,
unite the two kingdoms.
This was precisely what England and the other
powers OF Europe wish to prevent. BY the union
oil these two powerful kingdoms, the balance of
power would be lost. 1t was the darling object
Of the old king to bring about this union, and to
be obliged TO renounce this hope at moment
when the mortality in his family seemed to en-
"a urcp pf
chagr,n as to draw from him tears OF shame and
modification while signing the treaty.
The first article OF this instrument provided for
The establishment oil peace between England and
France. For the furthcrance OF this end, Louis
bound himself not to permit prince Charles, the
son OF James II, 70 reside within the kingdom of
France. Then follows renunc iation by Philippe,
King of Spain, for himself and his successors, OF
the rights which his birth might at any time give
him, or them, To the crown of France !; and on
The other hand a renunciaton by the Duke de
Berri and the Duke OF Orleans respectively. on
behalf of them and their descendants, male and
female, forever, of their rights, and of the rights
OF such OF their descendants, to the monarchy OF
Spain and the Indies. The letters patent issued
in 100, securing to Philippe v. his right OF sue
cession to the throne of France, We're publicly
cancelled, and the treaty was concluded
Louis XIV. died in two years after, appointing
the Duke of Orleans, his nephew, regent during
the minority of the young king, Louis XIV.
From that same Philippe, Duke of Orleans, ne
Phew OF Louis XIV, regent OF France, who, by
forever estopped himself and his descendants
from the throne OF Spain, is descended the Duke
OF Montpenser who has lately married the sister
OF the Queen OF Spain. This marriage, in itself is
no inffaction Of the treaty of Utrecht because
even in he event Of the present Queen of Spain
dying without issue, the duke can never be King
OF Spain. He would, in such case be merely the
husband OF the queen, like Prince Albert But
should he have issue by his present wife, and
should that issue, or their descendants, failing the
elder branch, ever ascend the throne of Spain.
their succession would be virtual violation of
the treaty of Utrecht, they would be the direct
descendants OF Philippe of Orleans, the nephew
Of Louis XIV.
To remove the apprehension Of any such con-
urgency, 1t is said that Louis Philippe promised
Queen Victoria ut Eu that his sons marriage
should not take place until the Queen of Spain
would have issue.
The accusation of prospective violation OF
the treaty OF Utrecht is met by Louis Philippe
with the position that the spirit and not the letter
OF the treaty is TO be regarded. He insists that
the intent and meaning OF the treaty was to keep
the Kingdoms OF France and Spain from passing
under one sceptre. Should any of the descen-
dants of the Duke, his son, succeed to the throne
oil Spain, he Is willing that such succession should
prove an cstoppel to any claims his birth might
give such descendant to the French crown
TX 10 gravely questionable whether the act of
Philippe, Duke OF Orleans, in 17l3 is binding on
ms descendants, one hundred and fifty two hun
dr. dyears after his death. Ii is certain that Phi
llppe V. looked upon the treaty as a mere arms.
tee, to be broken whenever II would be for the
interest Of any of the contracting parties. But,
NJ all events, one generation at least, and, per-
maps, many more, must pass away before the
treaty OF Utrecht can be violated in consequence
OF the marriage Of the Duke OF Montpensier to
that little Spanish girl GALvrENsls.