The Sun. — London, England, 1862-12-26 00:00:00

. 1.) LIBERTY OF THE SUBJECT, TO ALL. ACKERLEY V. DALTON, TURNER, St OTHERS. Marlborough-street, late Coal-hole, Dug -setting grievance, with ' Gladiatorial Toga'rry defence. The Telegraph of Thursday states that Capt. Ackerley claimed the £5 fine and costa, by defendants (Dalton, Tur ner, and wife, servants of George Harrow), on their being bound over to keep the peace six months, under £lO penalty, for misdemeanour, with wilful dog ‘ offence against the person, with intent to do injury by 4 canin „ oncy, ,, on Sundays below stairs and week-nights above. The dis crepancy in Police reports, induces us to refer to this ap parent case of persecution against the plaintiff—(the sup porter of the Anglo-American Income tax' Chief, Peter Basquet, 111 years)- . -for holding under his Coal Hole County court Final judgment on 1842's agreement by icasehola 20-yrs title, the which i n t er f eres w ith the Woods an d ?most! agents lessees" wish by Ouster le main to re gain a Primer Seism' by getting the Captain to recognize an inverted tenantry by theirleaseholder Batchelor building in-to his Coal •hole basis, w ith ou t a p ar ty- wa ll, w ith intent at steam• engine boiler HEAT—to effect out-ejection. The Metropolis Police Act, 3 Wm. 4, cap. 19, section 16, 39, 44—gives La fine, and is word for word repeated in 1861 Act, "Offences against the person, &c., 24-25 Vict., cap. 100, sections 4, 42, 67, 77—Garrotters and Chloroformists, on misdemeanour and conviction, with £5 fine and costs, recoverable against the Stipendiary-justice--therefore in homage to our readers we refer to this case, wherein the Captain (dr brother Chamberlayne) as Montague executor, being sworn trustee of Brandon and Southwark's Bethlem Hospital Estate of city Sidney-like title, late on St. James's Hall and Swallow-street, now in Church assumption. The same malicious isolating influence appears to have closed against him the doors of Junior United Service Club, on his £4,000 Co-burn discovery, and United Service Mu seum membership, for holding to his official duties. December 26, 1862. L IVES of EMINENT STATESMEN) in PUN. every week. One Venny Now Ready, handsomely bound in Magenta cloth, gilt, price 4s. sd. ; post free, 55., the '/ECOND half-yearly VOLUME of FUN, with k i numerous Engravings by talented artists, and humor ous Articles by the following distinguished writers : W. Bailey, Esq. W. S. Gilbert, Esq. W. Barber, Esq. T. Hood, Esq. E. L. Blanch - trd, Esq. T. S. Jerrold, Esq. G. W. Bridgman, Esq. W. J. PrOWSe, Esq. F. C. Burnand, Esq. Godfrey Turner, Esq. H. J. Byron, Esq. Sm., &e., &C. OfAce, 80, Fleet-street, London. • * For full particulars of amusements see first page. ROYAL ENGLISH OPERA, COVENT-GARDEN, This Evening, the Second ant Third Acts of THE BOHE MIAN GIRL. And HARLEQUIN BEAUTY AND THE BEAST. Commence at 7. THEATRE-ROYAL, DRURY-LANE. !This Evening, THE NEXT OF KIN. And LITTLE GOODY TWO SHOES. Commence at 7. THEATRE-ROYAL, HAYMARKET. This Evening . , OUR AMERICAN COUSIN. After which, RASSELAS, PRINCE OF ABYSSINIA. And A DAY AFTER THE WEDDING. Commence at 7. NEW THEATRE-ROYAL, ADELPHI. This Evening, A TICKET OF LEAVE. Followed by MARGERY DAW. And GEO a 7.G E DE BARNWELL Commence ROYAL PRINCESS'S THEATRE. " This Evening, TR I ES TIME TR ALL. After which, ItIQUET WITH THE TUFT Commence at 7. ARGYLL ROOMS, Great Windmill-street, Hay market. Open every evening for Promenade and Dancing. CANTERBURY HALL.—EVERY EVENING. — The Third Edition of the Enchanted Hash, by E. Marshall — Grand Selections from the Popular Operas.—The Comic per formances of Unsworth, Eugene, Arthur Lloyd, Frank Hall, and Miss G. Smithson. Commence at 7. THE OXFORD, 6, OXFORD-STREET, EVERY EVENING.-14A ZARETIL a new Christmas Song,with full band and chorus.—" La Cireassienne " and "Nahum)," - Drew Dean, the great Flautist—the Neapolitan Minstrels — Miss Caroline Parkes' Christmas Entertainment -Mr. Geo. Hodson—Mr. Maclagan's Entertainment. unsworth, the original of " Or any other man" -Eugene, W. Randall, &Q. Commence at 6. TURNHAM'S GRAND CONCERT HALL, Edge ware-road, W.—Open Every Evening.--Operatic Selections. —Vocal and Instrumental Solos.—Mackney, West, Mr. and Mrs. Brennan, Sam Collins, &a. Commence at 7. HIGH WATER AT LONDON BRIDGE. Tins DAY.—Morning, sh. 33m.—Afternoon, sh. Um. To-moßaow.-Morning, 6h. 20m.—Afternoon, 6h. 41m. THE SUN. LONDON, FRIDAY, DEC. 26, 1862. The first act of the great battle which was ex pected on the Rappahannock at Fredericksburg has been fought. It can hardly be called a drawn battle, since the Federals have succeeded in cross ing the river, and forcing back the Confederates to their works on the hills on the opposite side of the town. On the other hand the Federals have been able, after a severe battle, to do no more, or had not at the date, the loth, of the last telegrams from New York, Hence the sum of the whole struggle seems to be that the Federals gained their first point, a footing across the river, but were unable with the forty thousand whom they took across, to carry the Confederate entrenchments outside the town ; that they received indeed a severe check there. The struggle may be said to have begun on Wed nesday, the 10th, and to have lasted through the three following days. On the evening mentioned all was got in readiness, and early on the Thursday the construction of the pontoon bridges was at tempted. The fire of the Confederate sharpshooters compelled the engineers to retreat. The Federals now opened a fearfully destructive artillery fire on the town, and when it was supposed to have done its work the attempt was again made to throw over the pontoon bridges in three places. The Confe derate riflemen, however, were concealed in cellars and places which the artillery had not injured, and again drove the engineers back. A third at tempt, it appears, was succe3sful. Volunteers, to cross the river in small boats, were called for. Thousands offered. A hundred were selected. They got across, drove back the riflemen, captured a large number of them, brought them across the river, the bridges were completed, and soon the town was occupied by the Federals, who were, nevertheless, greeted with many uselessly vindictive shots from the houses, which seem to have led to the usual wanton retaliation. General FRANKLIN also crossed about three miles below the town, apparently with little opposition ; while the gunboats were success fully engaged fifteen miles below the town with another body of Confederates, whe could hardly form a part of the main body. The 12th, Friday, seems to have been occupied o getting. the army across and clearing the city .3f straggling rebels, the Confederates themselves not h esi t ating to throw shells into a Virginian city to all oey the Federals ; they did, however, little dat a IP beyond destroying a few more build ings. Thee 'cit • 7, as it is termed, is in reality only a small to„ket town of three or four thou sand people. Th e ar e of both sides seems to have been very destructive t o „„,,_ " splendid" public balislings, and to a great many 'saY pr i vate houses. The inhabitants had all the woods; shelter they found shelter in no doubt from balls, shells, and rifle shots, b ut • It must have been miserable shelter for all spa and sexes, at a time when sent ries w er e frozen at their post e , and som e parts of the river frozen. It would appear to have been great cruelty on the part of the Confede ratemade the unfortunat e t own the army to ha ve first line of defenc e. We cannot judge with cer tainty, here, of t he necag gitieg of war; but an un fortified down does not appear to have been a neces sary part of a system of defence, especially when the town lay quite at the mercy of the guns on the other side of the river. L EE k n ew he could not prevent the crossing, and he ought not to have dis tressed his own people by a useless defence. On the 13th, Saturday, the Federals made their first attack on the Confederate works. The account we have of it is very brief; and, considering that it is from Northern sources, it looks like a defeat in the sense of a repulse from the Confederate posi tion. There were two attacks, one by General REYNOLDS, another by FRANKLIN, who it will be remembered was three miles below the town,and both are said to have been " on the left." REYNOLDS was unsuccessful. A fog at first interfered with opera tions ; a first attack on the Confederate infantry was repulsed, and the Confederate artillery fired furiously through the fog--REYNOLDS was reinforced, and again made an attack on the Confederate's position in the rear of the city, but was again repulsed; and if we rightly connect the telegrams, so decidedly repulsed, that he left the Federal dead on the place where they fell, in front of the Confederate works. FRANKLIN appears to have succeeded better, though, even here, there is a little that is dubious in the brief reports. He is stated first to have driven back the Confederates for a mile. But the latter then "attacked him"—perhaps he had ap proached some of their works. Still he " repulsed" this attack, and, it is said, took 400 prisoners. It must be to his division that the report refers, of the Federals at night resting on the field of battle, since it is evident that of REYNOLDS could not have done so. On the following day, we are told, that BURN SIDE did not renew the battle. It is natural to in terpret this as indicating a very serious check on the part of BURNSIDE. The Confederates on their part appeared to maintain a defensive position, and were strengthening their works. They were also said to be extending them, which would indicate that they were not in want of troops or men. In deed, the rumour is, that the whole strength of the Confederate army is concentrated in six lines of works behind Fredericksburg. Such representa tions, however, may be far wide of the truth. • They rest on the reports of deserters, negroes, and per sons who can be in no position to understand what is doing in the places they came from. We may expect, however, soon to hear of another severe battle. On the 15th, at New York it was expected that BURNSIDE would recommence fight ing that day, but whether the expectation was any thing more than natural conjecture, we are not told. If only 40,000 of his vast army went across, he must have a large reserve to bring into action yet. But, on the other hand, works strong enough to repel the first forty thousand might repel the second also. Unless he have force enough to outflank the enemy, merely repeating the direct assault would not be likely to succeed better than before. He has certainly lost heavily; two Generals are reported among the killed, showing, probably, that they had to do their utmost to encourage their men, We may, however, hear of diversions in favour of the Federals on the James River, such was the combi nation talked of at first, though we have heard little of it since. The Southern papers have on their side predicted utter discomfiture of the Federals, if they ventured, as they have now done, to cross the Rappahannock. It is, however, use less to conjecture, relying on our present infor mation. We only know that BURNSIDE, as the attacking party, has the hardest work, and that his opponents are very ably commanded. Yesterday we kept the old holiday feast, for which England is famous, whose celebration unites peer and peasant, men of business and pleasure seekers, children and greybeards, in one common festivity. The beneficent influence extends from the palace, how unhappily darkened by the shadows of last year's sorrow, to the hospital, prison, and workhouse—bidding sufferer, felon, and pauper rejoice in the common blessings Christianity offers even to them. At such a sea son no Englishman could begrudge an extra indulgence even to the comfortably placed inmates of our convict prisons —now deservedly out of favour—and even hoards of guardians loose their reluuotant purse-strings and supply beef, porter, and pudding with liberal hand. After all the re cent discussions, however, the reader cannot help thinking, as he glances down the statistics of Christmas-day in the Workhouses, that certainly among our humanitarians crime end pauperism weigh very differently, in the balance. We have no intention of reflecting on the holiday ar rangement of our Unions, but when we see 6-oz. of meat and tea mentioned as special festive indul gences we cannot wonder that JOHN SMITH or Tom JONES thinks housebreaking,with its attendant libel ality of diet, a better speculation. The answer will probably be that labouring men require more generous living, but it would seem that such an argument is easily met by putting the able-bodied paupers to work at some useful and laborious task. For those who are not able-bodied—the aged, the infirm, the suffering, indulgence is surely a right. It is on the plea that the great majority of workhouse inmates are worthless idlers, that the present harsh and stringent system is tolerated. The great necessity is, a classification of the inmates —a separation of those driven to its unfriendly shelter by incurable disease, by helpless poverty, or inexorable age, from the hardened offender, to whom pauperism is no disgrace, and the Union a useful temporary guarantee of board and lodging_ A classification of the inmates, too, would go far to remedy a great and crying evil, which at present we are foster ing by national aid—the deterioration of the morals of boys and girls, when transferred from the children's to the adult ward. The argument continually brought forward against the little band of reformers who are attacking these long standing abuses is that, by rendering the work houses less intolerable to the honest poor, you encourage pauperism. Surely, even if it were so, it is worse to encourage crime—to excite invidi dious comparisons of the good soup, meat, and treacle pudding, which are the common diet of the lawbreaker, with the scanty fare and general dis comfort of the denizens of the Union. Such things are no trifles to the uneducated classes, while the evi2a of general association are, of course, more keenly felt by the hapless broken-down governesses, servants, and small shop keepers, whom the turn of Fortune's wheel often drives to finish their days on the workhouse pallet. It were better for their physical comfort that they went to the prison infirmary, where the best medi cal advice would secure them every indulgence, and, above all, proper attendance, than that they should linger out their last hours on the pillowless work house bed,sharing the rough fare of the able-bodied; or if any extras are allowed them, seeing them appropriated by the hardened and indifferent woman who, for the sake of better food, steps out of the mixed assembly of female paupers and declares herself ve'lling to undei take the office of nurde. Such things need looking into a little more closely, and we should be heartily glad to see the commission that is to inquire into the treatment of our convicts followed by one to examine in to the condition of our paupers. Otherwise, we who - pride ourselves with reason on the money, reforion thought, andlabour, expended by th e c haritable on the our criminal s , ma y c h ance t o ge t remindenaatd that of poverty is one , . n ot hose out things that .the witty r money-getting England, Frenchman stigr aat i sed as " worse than a crime— a blunder." va eb_rig an da ge f rom of troops to In order to put an en a 11),,,awand t o th which Sclavonia has for some time military authorities of the nroyince a r b e e r e ee n suffering, the patrol the country with strong detact"'elltt; to proceed if necessary to the publication of mari;;.l .4T - .e:?4 "1 "7 ° • t , • 0,4 . THE SUN, LONDON, FRIDAY EVENENG, DEMIBER 26, 1862. LA TES I/ N E WS. ROME, DEC. 25. The Pope did not officiate at the Vatican to-day. His indisposition, however, is not severe, as he was able to receive individually the members of the diplomatic Corps. PARIS, DEC. 25. The Moniteur, , in its bulletin of to-day, says : "The Papal Nuncio has remitted to M. Drouyn de Lhuys the sum of 10,000 f., sent by the Pope for the poor workmen of tho department of the Lower Seine, at the same time stating that his Holi ness regretted that the state of his finances pre vented him from sending a more considerable sum. His Holiness, however, wished to testify his sym pathy for the French people and his gratitude for the tokens of devotion which he receives from France." THE GREEK QUESTION. PARIS, DEC. 25. La France of this evening asserts that two of the Great Powers are not in favour of the lonian Islands being ceded to Greece, maintaining that the present Protectorate of those islands was established in the interest of the European equilibrium, and that if this Protectorate were to cease they would become a permanent focus of insurrection. ST. PETERSBURG, DEC. 25. The Journal de St. Petersburg of to-day, in an article replying to the Opintone -Nationale and La France, says : " These journals have ascribed to us an absur dity. We wished to say that if England is at liberty to renounce the Protectorate of the lonian Islands it is for Europe alone to determine their subse quent destiny, and to do so with the same con sideration for the common interest which on a former occasion confided the Protectorate of those Islands to England. "Besides, the English Government has also adopted this doctrine when calling the attention of the Powers who signed the Treaties of 1815, and of those who have subsequently agreed to them, to the question of the cession of the lonian Islands to Greece." TURIN, DEC. 25. Garibaldi arrived at Caprera on the 22d inst. MADRID, DEC. 24. The statement made by some Spanish journals that M, Barrot had proposed a new treaty between France and Spain, in reference to Mexico, is devoid of foundation. The Senate has adjourned until the 29th inst. it must have been heavy. Of Europeans two were killed and a few wounded. The Chinese auxiliaries suffered but slightly. Tho event occurred on the 24th ultimo. Previously, on the Bth of that month, Fung-Wha in the Ningpo district had been retaken from the rebels by a naval party under the command of Captain Dew, of her Majesty's ship Encounter, and a body of trained Chinese. It was a smart affair, and a very gallant one on the part of the Europeans, who were not supported by the Chinese levies. Several of the English were wounded, and the party was obliged to be withdrawn with the intention of renewing the attack on the following day ; but in the night the Taepings evacuated the city. As at Kah-ding the rebels fought with much reso lution, and the fortifications at both places were found to have been greatly strengthened since they had re-occupied them. At Canton, the Chinese troops are making good progress in drill under English instructors, and the Governor-General is repairing and strengthening his defences, while the city is tranquil. From Japan unanthenticated rumours come of a desire on the part of the Tycoon and his council that the foreign representatives should employ a force to chastise the insolence of the Prince of Satsuma, and humble his power. Other versions represent them as asking assistance, to enable them to do it themselves, bat nothing is really known of what is passing between the Japanese authorities and the European envoys. It seems to be an ascer tained fact, however, that the Tycoon is obliged to obey the summons of the Mikado to present himself at Miako, and that he would shortly proceed thither. The more that foreigners learn of Japan the more evident it becomes that, without the sanc tion of the Spiritual Chief, the foreign treaties are not considered binding on the country, and it would almost seem as if the unacknowledged act of the Tycoon in making them proprio motu had strength ened the hands of the Emperor, and regained him in part his ancient power. The steamer Orissa leaves to-day at 2 p.m. with the outward mails, those from London of Sept. 10 having been detained by the steamer Salsette on the 23d ultimo. Via San Francisco telegraphic in telligence has been received from New York to the 2d of September. _ Nov. 15 The fortnight just elapsed, although not fur nishing many incidents of war, has been marked by events of some importance, After the Allies had returned to Shanghai from Kah-ding, that city was agai❑ threatened by the rebels. How far the Imperialist garrison, unassisted, will be able to hold their own, remains to be seen. Apart from all poli tical considerations the loss of life from disease in the military and naval force employed on these ex peditions is a serious matter. Before the Allies had quitted Kah-ding, cholera had shown itself fatally among the English, and the mortality has been very great since at Shanghai, her Majesty's ship Euryalus alone having lost 20 officers and men. The setting in of the cold weather had, however, been of much benefit in abating sickness. The Russians, as was to be expected, are unwil ling to leave the cure of the Chinese " sick man" ex clusively to the English and French, and, probably to anticipate Captain Sherard Osborne and his flotilla, have volunteered their assistance. Their aid has been accepted by Prince Kung, but to what ex tent is not publicly known ; though it is confidently stated by persons at Shanghai, usually well in formed, that they undertake to quell the rebellion. Certain it is, that three corvettes, with troops, were daily expected at Shanghai, while Hakodadi is named as the rendezvous of a considerable force for the promised operations, whatever they may be. It is not difficult to foresee how remuneration for ser vices of this description will be enforced; but the result of this new and most important phase of Chinese politics cannot but be damaging to the prestige of Englatid, and to the commercial interests in this country of her Majesty's subjects. At Ningpo there has been a kind of mutiny among Ward's men, the particulars of which are not correctly known here. For some alleged or real cause of complaint, probably the last, they at tacked and looted the Taontae's house. Capt. Dew, of her Majesty's ship Encounter, landed and put down the riot, after which two of the men were shot, but by whose orders does not clearly appear. At Hankow there had lately been an alarm of rebels, but it had passed away. Vi2e-.Admiral Sir James Hope quits the station on the 18th inst., in the private steamer Thunder, for Calcutta, on a visit to Lord Elgin, and thenc4) proceeds home. His flag ship, Imperieuse, sails for England a few days later, and her Majesty's ship Vulcan left this morning for Calcutta with the 22d Native Regiment on board. The mails for Europe will be despatched to-day at 2 p.m., per steamer Salsette. Those from Lon don of September 26 only arrived here on the 12th inst., being brought by the sleamer Columbian. By the mail telegrams were received from London to October 3, and, via San Francisco, intelligence from New York comes down to September 19. CONVICT LIVING AT POR7LAND. When we selected Portland as an illustration of the " system" of penal servitude, we did so as it is acknowledged to be beyond all doubt the best man aged establishment of its kind in the kingdom, and one in which the " hard labour" is supposed to be hardest. What the hard labour is has been shown, but it does not of necessary follow that it can easily bo made harder. " You may take a horse to the water," &c., is a musty, but very true saying; you ' may bring the convict to his work, but nothing short of an immense staff, which would cost ten times more than his labour was worth, will ever make him do a fair day's work, if he did it even then. With few and rare exceptions, convicts won't work hard; they will move slowly, hit lightly, and stop often, and they are up to every dodge of "malingering" and idleness which might be ex pected among such a set. Occasionally one comes who works vigorously, and to the best of his power. Such a man was Redpath, who is now at large on his ticket of leave, and who can live in splendour on the proceeds of his gigantic forgeries—proceeds which, it is well known, he had somehow man aged to make secure before his apprehension. Such instances, however, are rather scarce. It is true that the warders do report convicts who obsti nately refuse to come up to the low standard of labour required, but the officer only does so when he cannot help himself ; for it must not be forgotten that the warder is quite alive to the prudence of keeping on tolerable terms with his gang of men, and knows well that if he prerses matters hard with them he does so very probably at the risk of his life. The convicts are not men to be safely trifled with, and there are many at Portland who would think very little of trying to murder any warder who they thought had illtreated them. At these very Assizes at Dorchester a convict has been tried for murdering one of the quietest and least active of the warders at Portland, who he fancied had reported him, though, in reality, this was done by another officer. With instances like these, there fore, before them, with others of murderous as saults, or, more common still, the plans that are laid to effect them, which are not unfrequently discovered, the warders are reluctant to provoke such desperate ruffians too far, or report them more than is absolutely necessary. Occasionally a pri soner gives information to the Governor about in tended mischief on the part of some gang or other, and such an one, if his information is important, and the intended offenders are punished, has to be sent away to Chatham or Portsmouth. The war ders frankly own that they could not protect him, and "that somehow or other" the exasperated con victs would take, or try to take, the informer's life. Is it likely, therefore, that convicts can be driven and coerced into their hard work by men who have no interest whatever in pushing them to it, but have these strong motives of self-preservation to prevent their pushing them at all ? All prison officials at present say that if that most important part of "the system," tickets of leave, are abolished, it will be very difficult to keep order in the prisons. Without some such reward for their good behaviour, some prospect of getting away from prison earlier by good conduct than by evincing a spirit of insubordi nation and discontent, the convicts, they say, are certain to adopt the latter course of conduct and give a great deal of trouble. It is this "giving trouble" to the prison officials that appears to be their only argument in favour of tickets of leave ; and, as it makes the routine of their duties very much smoother, they naturally support it. Sir Joshua Jebb says, "Many an iron-hearted man who would be unmoved or grow sulky and obstinate under harsh treatment has determined on a new line of conduct by seeing clearly that it was his in terest to take advantage of the terms offered to him by paying the price in good conduct," &c. Passing over the gratuitous assumption that because the ticket of leave is to be withdrawn the convict is also to be subjected to "harsh treatment," we cannot help directing attention to the very different stan dards implied by the public and the prison autho rities in the term "good conduei." In the prison dictionary good conduct means little or nothing more than that a convict has given" no trouble" to the officials. He has not forged, nor stolen, nor garotted, because he has had no proper field for such congenial operations. He has done as little work as he possibly could do without being punished for refusal, and he has either conformed to or not been detected in breaking the mild prison regulations. Such a man gets his ticket of leave with . wonderful facility, though at the time it is given to him the prison authorities know almost to a cer tainty that he is as incorrigible as ever, and that he will at once return to " smashing" or burglaries, and be back again from the next assizes with a fresh sentence, to be got rid of as lightly as the first. The police are expected to look after them when they are out ; the prison officials have nothing to do but to report to Sir Joshua Jebb that they have complied for a certain time with prison rules, and given no trouble, whereupon Sir Joshua lets them go. Sir George Grey is the only nominal remitter of sen tences; it is Sir Joshua Jebb who is the real par doner, and ho must accept the compliment to his heart at the expense of his head when we say that he pardons on a most liberal scale. It is said that the tickets of leave are strictly limited in their powers of remission to one-sixth of short sentences, one-fourth of medium sentences (from five to 12 years), and one •third of long sentences of from 12 to 15 years or upwards. This, however, is not the case, and if there is any proper inquiry into the system, or rather want of system, on which these tickets have been distributed through the prisons, right and left, it will, we think, be found that in very many cases much larger proportions of the sentences have been remitted, and that in every in stance tickets have been given with perfect disre gard of previous committals or of the claimant having been known to return to crime the instant he got his previous pardon. If proof were wanted of this, we need only refer to the remarks of Mr. Baron Bramwell, who, in reply the other day to the presentment of the grand jury of Nottingham, com plaining of the reckless way in which these tickets were granted, said : " He had tried men who had had, if he might use the term, one sentence overlapping another. They had been con victed, let out, and convicted again, and in some cases con victed a third time, and a third time let out before the term fixed by the first sentence had expired," It is impossible after thisstatement, from a higher authority even than Sir Joshua Jebb, to deny that the tickets are most incautiously given as re gards the use the liberated convict intends to make of his pardon. The warders as well know the men who are certain to be back again for a fresh felony or desperate outrage in a few months as they do the minority, whose faces they will never see again after they leave the prison. Yet the tickets of leave are given with equal freedom to both. In fact, that most ill• used body, the British public, is never considered throughout the whole transaction. What the convict is going to do with his liberty is nothing to the directors of prisons. It is enongh that for a certain time, while in prison, he has con formed to its rules, and given no trouble, therefore he may go. .As to the old, incapable remon strance, that no discipline can be kept in prisons if the ticket of leave is withdrawn, the objection is absolutely puerile. If a convict has such a horror of prison so as to conduct himself well, to gain his ticket of leave, and so get out sooner, why does it not keep him out when he is free ? But it does not. They come back again, as Mr. Baron Bramwell said, with a third sentence before the first has ex pired. Surely this shows no horror of prison. If it shows anything it is that their pardons have done them no good, that they have no objection to the good living and light labour of penal servitude, and that their good conduct in prison was a farce. A s w e have said, good conduct in prison means literally nothing, and we venture to think that if an accurate return of the prison character of all the felons now in Portland were published from the prison books to-morrow it would be found that nearly 90 per cent. had the words exemplary and very good prefixed to their names, instead of what it ought to be—" idle, but not troublesome." If, however, it is true, as daily experience shows, that after a short liberty they don't mind returning to it, then it is clear that tickets of leave are an encourage ment to convicts. Let the converse of the THE BOMBAY MAIL. The Peninsular and Oriental Steam Navigation Cofhpany have received the following telegram : " The steamer with the homeward Bombay mail of the 12th inst. passsd Subal on the 24th. She brings the following intelligence : "' The Azof reaches Ceylon on the 10th inst., with 129 boxes of mails and 329 bales of silk from the wreck of the Colombo. The Azof will return to the wreck.'" INDIA, CHINA, & AUSTRALIA, By the arrival of the Calcutta mail we have re ceived our private correspondence and files of papers from Calcutta to the 22d Nov., Hongkong to the 15th Nov., and Sydney to the 21st Oct. We have not received any Melbourne papers ; they were pro bably among that portion of the mail that was lost in the Colembo. INDIA. We take the following from the Calcutta Eng. lishman of the 22d November:— " The Legislative Council have been holding their ( sittings in due order, and their members are in full swing of committee work; but as far as they have as yet entered on their duties, nothing of para mount importance has been brought forward. " ' Coming events cast their shadows before,' and all the indications of the immediate future of Hy drabad tend in one direction. The latest we learn thence is, that Captain Sinclar, of the Madras esta blishment, commanding a regiment of the contin gent, had been wounded while at the head of his regiment at Sungum, a place within 60 miles of Hydrabad. The regiment was marching to garrison Jaulnah, when two Arabs posted themselves on the road. As they could not be prevailed upon to get out of the way, Capt. Sinclair got off his horse to insist on their removal, and was stabbed by one of them. The two Arabs were immediately struck down but not severely injured, for the next we hear of them is of their having arrived at a village 20 miles from the scene of action. Capt. Sinclair's wound is said to be not dangerous. The ferocity of the Arabs is proverbial, but how are we to understand their growing fearlessness of danger in the teeth of such a force, or indeed whenever they have a mind to use the dagger against any person for any real or supposed injury or insult. " Oudenath Sing has been taken, and Gujraj Sing, the man who gave information against Madho Rao, is at Hydrabad. We hope one or other of these papers, as well as the papers of Madho Rao, may render us full information of the treasonable practices of this place. If many are not proved to have been concerned in the plot, we shall consider disposed to credit them with. t t o h f e e s r e e P t: e o e p n l e discreet—a quality we have not here. " Since writing the above we are glad to have learned that the Government has at length seen the necessity of grappling seriously with the re bellion or opposition to its power and authority in the Jynteah and adjoining districts. The Ist battalion of Bengal Military Police has been ordered down to the Presidency from Soorie, for immediate service in the Jynteah district, and will leave Calcutta on Saturday by steamer for Sylbet. We also hear that some light field-guns and howit zers have been ordered up to Jynteah from Dacca, in charge of the Eurasian and Christian company of artillery at the latter station ; but, in the first instance, this artillery will proceed to Cherra Poon jee, there to await orders when required to act against the refractory hill tribes." BOMBAY, DEC. 12. There is no political news of importance. Shirtings dull. Cotton, nothing doing. Malwa opium, 1,475 rupees per chest. Exchange on London, 2s. Oid.; Government Secu rities—Four per Cents., 94.1 ; Five per Cents., 105 ; Five and a half per Cents., 112 i. CHINA. HONGKONG, Nov. 1. The Imperial troops, out of reach of aid from the allies, are reported to have achieved lately some im portant successes in the north. Sang-ko-linsin is stated to have defeated with great slaughter a large body of rebels entering the province of Shantung from Honam ; and Shin-paon has, it is said, quelled the Mahomedan insurrection in Shensi, and restored the province to tranquillity. The accounts of Imperial victories, however, generally admit of subsequent modification. From Shanghai the re-capture of Kah•ding is announced. The force employed on the Imperialist side was a very strong one, being composed of 1,850 English and 400 French troops, with some 2,300 trained Chinese, and 38 heavy pieces of ordnance. Of the English a portion were Marines and blue jackets. The rebels fought well, and returned the fire steadily during a severe bombardment from all the attacking guns of two hours and a half's dura tion, but on the advance of the storming party gave way, and as many as could escaped from the opposite Aide of the city. loss is not mentioned; but AUSTRALIA. We take the following from the Sydney Herald of the 21st of October : The money market continues without alteration, and the rates of discount charged by the banks are the same, viz., 7,8, and 9 per cent. COURT CIRCULAR. OSBORNE, DEC. 25. Yesterday afternoon, by her Majesty's command, the children belonging to the Whippingham Boys' and Girls' Schools attended at Osborne, where Christmas trees were prepared for them, and each child received a present of clothing. ,The Queen and Royal Family were present on the occasion, and personally distributed the gifts to many of the children. The Ladies and Gentlemen in 'Waiting, and the Rev. George Prothero, Mrs. Prothero, and family, had also the honour of being invited, His Royal Highness Prince Arthur, attended by Major Elphinstone, arrived at Osborne yesterday front Greenwich Park. The Belgian .Moniteur announces that, from the Ist of January next, passports for Italian travellers in Belgium and for Belgian travellers in Italy will be abolished. Travellers will be only required to produce some document establishing their identity. THE PERSIAN GULF TELEGRAPH.--On Tuesday the Government contract for the construction of this new and important telegraphic route, extending for 1,100 miles along the sea coast, from the mouth of the Persian Gulf to Mekra, was conceded to Messrs. Henley, the telegraphic contractors, and the manufacture of the cable will be com menced forthwith at the works at Woolwich, under the superintendence of Sir C. 13right and Mr. L. Clark, the Go vernment telegraphic engineers. The English and Conti nental system, which extends to Bagdad, is now being car ried forward, as part of one great scheme, from Bagdad to the head of the Persian Gulf, and the communication is being simultaneously carried forward from Mekra to Kur rachee, where it will unite with the whole network of the Indian telegraphic system, a total stretch, when completed, of 6,000 miles, as between Calcutta and Cornhill. Arrange ments are now being made with the Persian Government, by Lieut.• Col. P. Stewart, of the Public Work Department, India-office, for settling the precise route and establishing the stations. DOUBLE EXECUTION.—The Quebec Chronicle gives the following account of the execution at Belleville, on the 18th instant, of a man and his wife for murder:— " At ten o'clock, the hour fixed by the sheriff for the exe cution, there could not have been less than four to six thou sand people on the ground. A delay of over an hour was caused in consequence of the caps not being made. In the meantime the vast multitude swayed to and fro, and their attention was diverted by one or two small fights and wrestling matches, but nothing serious occurred. Some unfeeling wretches in the crowd exuibited their impatience at the delay by using such expressions as Hurry up there I' Bring them on I' &c. It was not until a quarter-past 11 o'clock that the procession approached the gallows, and as the culprits stood upon the platform every breath was hushed, and they saw nothing but a sea of upturned, eager, anxious-looking faces. The unfortunate Alward looked haggard and careworn, and Mrs. Aylward, habited in white, with a crape over h er s h ou ld ers, walked trembling l y to the platfor m . B o th cu l pr i ts stood w i th folded han d s offering u p th e i r prayers, an d in this position, and while still pr ay i ng, the fatal bolt was drawn. The woman died with but a few struggles, and in a minute and a half life was extinct. The man struggled for some time, and died in fearful agony, but the doctor pronounced him dead after hanging for two minutes and a half. The bodies hung for about thirty-five minutes, and were then taken down, placed in their coffins, and taken possession of by those who had been most assiduous in their attention to the un fortunate victims during the last few days of their earthly existence. The bodies were buried in the Romal:v Catholic cemetery," ticket-of-leave system now be tried. Let the sen tences solemnly and deliberately awarded by the judges be rigidly exacted to the last day, and let breaches of prison discipline and idleness be pun ished by additional sentences—as they are for addi tional crimes--of six or 12 months, according to their character. Let the county magistrates have jurisdiction over these prison offences, their sen tences to be subject to the approval of the Home Secretary, who would not then have a tithe of the work to do in affixing his signature to them that he now has in signing tickets of leave every day. If a convict chose to wipe off such a supplementary sen tence by subsequent exemplary good conduct, well and good; but let the punishment as awarded to him by the law be strictly enforced. Old warders say that if such a system were carried out now it would be better for the convicts themselves, and would be, beyond all daubt, better for the public. One thing seems evident, that the power confided to prison officials and prison directors of annulling the verdicts of juries and sentences of judges has been too great and has been misused. It has, appa rently, never been administered with a sufficient sense of the responsibilities incurred in its exercise. The result has been that this power, from the first an anomaly, almost at variance with the law, has gradually extended its mischievous influence till it has come in conflict with the greatest of all laws, the law of public safety. It is impossible that the ticket-of-leave system, if continued at all, can ever be continued on its present footing. All convicts, of course, take advantage of the remission, but all who intend reformation, and who mean to live honestly if they can, would prefer remaining in prison a year longer if at the end of that time they were sure of transportation. These, however, are only the con viets who mean to do well, and they are unfortu nately a minority, although worth the saving. At Portland Prison there are two Association-Rooms, capable of accommodating 40 or 50 convicts each, who live as sailors live on the 'tween decks of a ship. They are not used now only because the pri son is 100 or 120 short of its full complement, and when occupied it is stated that warders are always in the rooms with the convicts. But although from the admirable good order of Portland, nothing is likely to occur in these rooms comparable with the scenes which, it is said, occur in similar apart ments under the very lax discipline of Dartmoor, yet the very principle of Association-Rooms for convicts is a bad one. They will plot and scheme ; they will use the foulest language, and they will often fight desperately, in spite of all the warders. The latter, however, unless the dreadful swearing or bad language is addressed to themselves, do not interfere as long as the prison rules are not openly defied. Among themselves the warders generally object much to these Association-rooms, and with reason. At Portland there are two classes of diets—that which we have already given, and which nine tenths of the prisoners receive in return for their so-called "hard labour," and the "ordinary diet," a food given to those who have what is called in the prison " light work," but which out of the prison would be called almost no work at all. This ordi nary consists for four days a week of 12oz. of bread for breakfast, with a pint of tea; dinner, 6oz. of cooked meat free from bone, lib. of cooked potatoes, and 6oz. of bread; supper, one pint of gruel and 6oz. of bread. On the three remaining days of the week the rations are better still, the breakfast being a pint of cocoa, with milk and sugar, and 12oz. of bread ; dinner, one pint of soup, soz, of cooked meat free from bone, lib. of cooked potatoes, and 10oz. of suet pudding. On-this "ordinary diet"—which, as daily food, would be a very extraordinary one to most of our hardworking labourers throughout the kingdom—all the convicts used formerly to live till a few years ago, when one of the dilettante prison philanthropists, of whcm there are now so many, discovered that convicts, if worked hard on such diet, might lose muscle, and it was accordingly raised to the " increased scale " we have already given in our previous notice. In addition to this, all the prisoners of every grade or scale of diet have each 3oz. of treacle, to eat with their bread, served to them every week—viz., lloz. on Sunday and lioz. on Wednesday. For such as are employed out of doors, but who are not at hard labour— who have, in fact, only their appetites sharpened by the fresh sea breeze—there is what is called a " light labour diet for the public works." This consists of a pint of tea or cocoa, with 6oz. of bread, for breakfast ; 6oz. of bread, 6oz. of cooked meat free from bone, half a pint of soup, and half a pound of potatoes for dinner; and 6oz. of bread, with a pint of gruel, or tea " if preferred," for supper. What the light labour is it is hard to discover, especially as the " hard" seems to be about the minimum of what will keep the men's hands going at all. Stonebreaking close under the prison walls is one of the works that come under this category, and though this work, as we generally see it done, is certainly not light labour, yet the way in which it is performed at Portland amply jus tifies the prison authorities in classing it under this head. Those who have even seen the pile of stones which the wretched starving tramp has to break in the stoneyard of a workhouse, in payment for his night's shelter in the casual ward, should come to Portland to see what the convict does for his day's work. The work in the quarries is a mockery of " hard labour," and the " light labour," as the convicts do it, is positively not labour at all. Even taking the light-labour diet as the standard, no mere hardworking daily labourer in this part of England can command it. None certainly are as well and warmly lodged, or as carefully looked after in health or sickness. We, however, have merely given the "light labour" and "ordinary diets to be correct in giving all, though the truth is that scarcely any convicts are kept on either of the latter at Portland, the great bulk—or nearly 90 per cent., we believe—being employed in the quarries or similar " hard labour,''.and, therefore, all on the generous increased diet we have already laid before the public. Perhaps, however, it is worth while adding, that even those prisoners on the ordinary diet, when in their third stages, receive their extra allowance of bread and cheese and beer after dinner on Sundays, and that those in the fourth stage have not only the bread and cheese and beer, but the usual treacle pudding on Thursdays, baked mutton in lieu of beef on Thursdays and Fridays, and baked beef instead of boiled on Sundays and Mondays. But, in order to give all diets we must give one which does not appear in the prison books, which is Infirmary Di e t. W h en a conv i ct is placed on this I by the doctor, he has, of course, whatever the doc tor orders him. When he is placed on Infirmary Diet through the exertions or intercession of power ful friends, he can have almost what he pleases. Sir John Dean Paul and others were placed on the In firmary list through the exertions of their friends, and an exemption was also made in Sir John's case from working at the quarries. It would not be just in this general account of liv ing at Portland to omit to refer to what we have already alluded to—the strong desire of many of the best class of convicts for transportation. It is a mis take to suppose that transportation has been quite done away with. Convicts are still sent yearly to Western Australia, which would gladly receive more than ten times the number we now despatch. Only criminals under very long sentences are transported. The convict who has, perhaps, been sentenced four times to five years' penal servitude is not sent, and being a hardened vagabond who does not at all ob ject to short periodical sojourns at Portland, ho . i: El very glad to remai n w h ere h e i s; an d perso ns W are sentenced to 12 y ears or upwar d s — an d these . turn, prio rity forgers or murderers—are sent in As a safe rity being given to length of sentence. i s a v x h i 1 0 1: s for it. ill conducted men general rule, however, the very . are al ways averse to traanarslePle'rvtaltatilr:el'ae who wish to reform and do better not ut n sent, with though o shortuoh they The latter class are nearly in a colony. tences, and therefore they b are w h While t referring r class ng tthoa sentences, e w n may venture to would be we disabuse tloie such public thing mind of a ve r y popular error. Thereis n as penal serv i tude for life. pui No matter what the crime or what the character of the criminal, the longest term that they are held in penal servitude is 12 years. Whether judges are or are not aware of this when they sen t ence p r i soners to penal servitude for life we cannot say; but the fact is as we have stated,that there is no such thing, ;. nor are any convicts kept in servitude longer than the time we have stated. As there may possibly be persons who bring themselves to believe in the in nocence of the Glasgow murderess and of Gardner the sweep, they will be glad to hear that in 12 years at latest, and probably much sooner, they will be both at large again. Penal servitude fur life is a legal fiction. Beforo dismissing the subject we may say, with regard to the kind of labour on which the convicts are employed, that it appears beyond all doubt the fittest as a penal punishment, if only enough of it was or could be exacted. As to utilising convict work, making carpenters work as carpenters, but chers as butchers, clerks as clerks, and so on, it is out of the question. We have had enough of costly systems which have failed without resorting to this, which would be ten times more costly than any, and no manner of punishment at all. No labour as labour of punishment is as good as quarrying and working on the Breakwater here, where the men are comparatively isolated and well guarded, and where, in fact, anything can be done with them, except making them work as all men work for their daily bread. The " Convict Question," so fruitful of suggestion, has never elicited any which can over come the difficulty of their generally unconquerable idleness. It would seem, therefore, that the only course is to reduce their present very generous diet till it is something more on an equality with that of the poor, honest, hard-working labourers around them. If there were anything like an approach to penal diet, and tickets of leave were at once and for ever done away with, we suspect we should hear of very few men coming up to the bar, as Baron Bram well says, with their sentences "overlapping each other," and getting a third term of penal servitude before their first original sentence had expired. Penal servitude, as it is now in this country, neither deters criminals from the prison nor reforms them while in it, and any convict system which fails in either—much more both—of these great ends is worthless.—Times. SOU7HERN EXECU7ION IN 7EXAS'. (From the Texas Republiean—Southern Paper.) A week or two ago we gave brief account of the trouble in Cook county, growing out of the dis covery of a treasonable plot to surrender that por tion of the state to Federal authority. Cook county is a border county, contiguous to the Indian terri tory, and is thinly inhabited, a great portion of the settlers being originally from Ohio and Indiana- It seems there was a secret organisation formed, having signs, grips, and passwords. The members are sworn to secresy, and those found worthy were' entrusted with three degrees. The first degree bound the member to secrecy, and to avenge a brother member's blood. The second degree was confined to robbing, jay -hawking, &c. The third contemplated the re-establishment of the old Union• By some means the whole plot was discovered, and created intense excitement. About 70 men were arrested, and most of them, as we understand, IoW characters, with here and there a man of limited in fluence. About twenty-four of them were tried and executed, when the community was freshly excited by the intelligence that the son of an hotelkeeper at Gainesville (whose name we do not recollect) bad been waylaid and massacred several miles from town. Colonel W. C. Young and several others went out to get the body, but had not reached the spot when some one in ambush shot Young through the head, killing him instantly. Such was the exits' peration caused by these assassinations that the community huug several others. The number exc' cuted in Cook county, at last accounts, reached 4 2 ' and the two others were shot in attempting to make their escape. The extent of the plot was not known, but it was not supposed to be very exten sive. How could it be, when there are probaelY not a thousand Union men, if so many, in the State ? It was traced, however, to Grayson county; some few arrests had been made at Sher man, and one man was condemned to be hung• Others, it was expected, would be summarily dealt with. Since writing the foregoing it is rumoured tho.t several persons have been hung in Grayson county, and among them a Dr. Lively. 7HE CAREER OF GEN. BURNSIDE. An American paper gives the following sketch of Gen. Burnside's career : "Major-General Ambrose Everitt Burnside is a native of Indiana, from which State he was appointed a cadet to the West Point Military Academy in 1843. He graduated on the 30th June, 1847, standing number eighteen in a clas s of thirty-eight members, among whom we find the na tt° of Generals 'Willcox, Viele, and others in the Union service, besides several who have chosen the path of the rebels. ° „ 11 the Ist of J u ly, 1817 , he was appointed a brevet seal' lieutenant of the Second Artillery, and on the Bth of Ser f tember, 1847, was com m i ss i one d a f ull second lieutena nt ° f the Third Artillery. In December of 1851 he was Pr ) :, Se ` meted to a first lie u t enancy, and resigned his connex ion with the regular se rv i ce on t h e 2d of October, 1853. "'- then retired to civil life, and was engaged as treasurer of the Illinois Central Railroad, the same line of travel nf which General M'Clellan was president and engine er- a i li lt ; chief. This p os iti on h e h e l d at the breaking out of '— rebellion. The ' clarion call' of the President for troePa to defend the capital soon brought Burnside from his private position, and at the head of the Ist Regiment ° 4 Rhode Island, or Governor Sprague's Volunteers, he 1119 a 1 his way to the capit a l w h ere he arrived on the 27th of Mr -1861, within twelve days of the issuing of the proclamatioth and at the head of ono thousand three hundred When the army of North-eastern Virginia was organised • under General M' Do we ll, C o l one l B urns i de was apP ein c t , te at commander of the 2d B r i ga d e o f th e 2d Division till7 s Colonel (now General) Hunter. The reg i ment ( t h ree went volunteers) returned hom e , an d on th e 6 t h o f A ugus t, 18" ' Col. Burnside was comm i ss i one d as brigadier• general of, volunteers, his appoint men t b e i ng p l ace d to th © credit of the State of Rhode Island. He next was appointed to the command of and organised the famous Burnside expedition. The dangerous passage of the troops and their successes en the coast of North Carolina are still fresh in the m l o ° , ll of all our reader s . F or hi s g l or i ous v i ctory a t R,oane! - : Island he was made a maj or - genera l o f vo l un t eers , and 1 testimony of his services on that occ as i on the state Rhode Island presented him with a very handsome an valuable sword. The capture of F or t M acon an d °th er points along the coast of North Carolina axe also accredited . to the skill of Gen. Burnside in carrying out Gen. Al`Cla t lan's plans. Having to a great extent restored that par s _ of the United States to peace, General Burnside \vas tra n c e ferred to the army of the Potomac as commander oft_ e Ninth army corps. With General M'Clellan's was further transferred to aid the forces in front of capital, and was engaged during part of the various con tests in that region. He next served in Maryla nd ' distinguished himself at Antietam. When Gen..l lel- By • Gen lan again advanced into Virginia, via Berlin, ~.r ovem side had charge of half of his army. On the 5 01 'in com ber he was appointed to succeed General M'Cle llia made a rapid mand of the army of the Potomac, and be i s now' and brilliant march upon Fredericksburg, where troops theh operating with those troops." FonMeierS,o h u a b s e j y u r s a t n b , ee D n n ep am ut e y dm G e o m v b e e r r n g o; th o e f Btheee Credit . rectors of the Northern Railway. SCIENTIFIC JOTTINGS. —In. a paper addressed to the Academy of Sciences, M. Diethenbacher states that, having formed a mixture of e,ne part of iodine with 400 parts e o x f t s r u e l e p r h d u i e r e , r b y e h e a l a s s o t ibctiat iyv,.edlaastsiunbgstamnacneywhhiochurpsosasnedsseesveann days. .The mixture kas a metallic brilliancy, a nd has been found very useful in taking impressions, since it re produces the minutest details. N. Delbruck has made some researches on the quantity of air required for breathing during s leep. It strikes him as singular that, while aU medical men are unanimous in prescribing several cubic m etres of pure air for each person sleeping in a room as ab solutely indispensable for health, all animals appear to shun , the open air as much as possible in order to compose thew-- selves to sleep. Thus, the lion and tiger retire to some dark cavern where the air is confined ; the dog goes to his ken nel, and thrusts his snout under his belly; birds, to which the open air would appear to be necessity, whether asleep or awake, retire to some private corner and put their beadle under their wings. Now, what does the school bo y doo when loft i n tho dormitory aired with particular care ? Ii he finds ho cannot fall asleep , the first thing he does is to bury his head under the bed-clotlieS. Hence M. Delbruck concludes, that if, when awake, we exhale a quantity of carbonic acid, we must inhale a certain quantity of this gas during sleep, just as plants exhale by day the oxygen they absorb during the night.—The Aca demy has received a communication from N. Regnau lt on the specific heat of the new metal thallium, which ho °5 at 0.3355. When thallium is heated at 100 deg. Centigrade, it is covered with a yellowish pellicle of oxide, which dos ffl solves in water, and renders it somewhat milky. Importing tea without colour on the leaf pre vents the Chinese passin off inferior leaves as in the usual kinds. Horniman's Tea is uncoloured, therefore alwao good a1tke,,,,,,.501d in packets by 2,280 agents. °Pene nesda i nn-i:~ 1 1811 411 tr ans , /nade as po s not b e The to-day alread ever, ( Not re st at Way p th e is An count text. 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