The Express.
London, England, 1863-09-02 00:00:00

TO 001MPON

.dvertisementa Intended toe " fieCiee;e• tondos Teague
Paper, must be st the aka, 10, Beaveetbetreet, S 1 nee
adoelt on the day of publicataaa.

PRINCIPE'S.
Tan Prune, HAMLET. Hamlet, Mr. Walter Montgomery,
—To conclude with the favourite farce of THE ROUGH DIA.
MOND.—Cconeue• at 7.

TRIM ITRNTRG, THE Bfol.lr WHIFEP. Mama tereolde and
Drammood Mesdames Yarnold, flies, to—THE GREAT
GHOST EFFECT Irma THE A NO KL Or PEACE AND PARDON.
—Parker sad Plumptaa. —Ana TEE WILL AND THE WAY.

11198 WATII AT LONDON UNIDO&
Yll DAT —l4walm 411. 44w Atlmam 6h Oa
twoosalini—lioseiss& La UAL.. Aftarasaa. 4h. 43m.

LONDON, WEDNESD A I', SEPTEMBER L

" CONSIDER yourself horsewhipped," is • well-
known formula; and any one to whom it is
addressed knows perfectly what it means. It
is a compendious form of challenge which must
either be accepted or treated with contempt. But
the War-office seems to have invented a new
formula, which seems to amount to this—" Con-
" eider yourself pardoned." Mr. BAULKS, the late
Paymaster in the Enniskillen, is probably the first
person to whom this formula has been addressed.
And it would certainly be interesting to know
what interpretation the Mrsurrra of Wan attaches
to it. It will be remembered that Mr. Smarm
war the Paymaster who was (insetted oat of the
army in consequence of the finding of the Mhow
Court-martial, but before the proceedings of the
court had been submitted to the JUDOS ADVOCATZ.
Since then the authorities in this country have
pronounced the proceedings of that court illegal,
and have also granted what is called a " pardon "
to the unfortunate victim, the Paymaster. To the
uninitiated it might seem that mach • pardon ought
to have the effect of restoring Mr. Smarms to the
position from which he was deposed by the finding
of the illegal court-martial. Had that court never
assembled he would still have been an officer in
the QUEEN'S service ; the COMMANDLR-IN-Cuter
would have had no authority to cashier this
officer without the finding of • court-martial,
and an illegal finding ought surely to be equiva-
lent to no finding at all. When an ordinary
prisoner is convicted at the maims, and a point of
law is reserved or a writ of error is brought, he is
restored to liberty the moment the point of law or
the writ of error is determined in his favour.
The same principle ought to be applicable to Mr.
SMALLS. Accordingly, that gentleman, having
been told that her MaasarY had granted him a
pardon because the proceedings of the court which
tried him were "vitiated," applied "for his
" pay as • Paymaster, and that his name
" might be noted for immediate active em-
" ployment." In reply he ramivcd • letter
in which the SICRETARY of STATE for WAR says
he has been advised that the pardon which her
MaararrY had been pleased to grant him has left
him in the position of a civilian, and that there-
fore he is not entitled to receive any pay ; and
further, that it is not the intention of Earl Ds
Gamy and RIPON to submit his name to the Quirsis
far appointment as • Paymaster. In other words,
Mr. SMALIS, having been illegally cashiered, is to
consider himself pardoned, but is to remain in
precisely the same condition and subject to pre-
cisely the same penalties as if he had been legally
cashiered and had received no pardon. It ap-
pears, therefore, that this unfortunate gentleman
has been pardoned and has not been pardoned,
has been cashiered and has not been cashiered.
With a cruel ingenuity wFch does credit to the
legal adviser of the Wan MINISTER, Mr. Smarms
is deprived of his grievance by having received a
pardon, and yet labours under the very grievance
of which be originally complained.
Surely this is not the sort of spirit in which
such a man as Lord Ds GRIT might be expected
to treat the officers in the British army. It is
impossible to deny that Mr. SMALLS was guilty of
great indiscretion, and even of insubord:nation, in
addressing the letter which he did address
to his commanding officer. But the pro-
vocation was extreme the regiment was
practically in a state of mutiny—officers and
men of the most unimpeachable character were
driven to desperation. Colonel CRAWL EY himsel'
is now to be pr: on his trial, and therefore it was
not fitting that Paymaster Smarms should be
visited with the most serious punishment which
can be inflicted upon an officer. Even if the
c,nrt-martial had been conducted with the most
scrupulous regard to the principles of justice, it
would have been a ;neons question stethe- some
mercy should not be shown to the victim of Colo-
nel CRAWLSY'S tyranny. But when a War
Minister found that the whole proceedings
of the court-martial were so utterly
illegal • that they must be set aside,
it is strange indeed that the Minister did not
see the necessity of granting • free pardon to Mr.
Smarm. It cannot have escaped the recollection
of many that Colonel Cratwutir himself, after
being severely rebuked by the COMILANDEN-IN•
CHIEF, was still allowed to retain his commend in
order that he might retrieve his character. Such
an indulgence would have been more just had it
been extended to Mr. SX&LES. There may per
• be some principle upon which an officer
who has been illegally deprived of his com-
mission must submit to his lot, even
after the illegality is admitted. But the
principle is not one with which lawyers are
familiar. At all events, whatever the strict
law may be, it is only after em oful investigation
and ample proof that officers are deprived of their
commissions or of the value of them. If Mr.
SMALLS has been guilty of any offence for which he
deserved to be dismissed the army let him be
tried once more, or let him be distinctly told the
grounds upon which he is still excluded from the
army. Unless some step such as this is taken it
is clear that the conduct of the War-office towards
Mr. SWAINS has been not only inconsistent, but ,
singularly harsh, if not grossly unjust

MONUMENTS TO LORD ETEDN's DA VONTER A DA, AND
rte OBANDsos, VISCOUNT OCINAIL —Two handsome monu-
ments have just been finished, erected to the memory of the
above noble personages, the former being placed in Newstead
Abbey, and the latter is the parish church of Ripley, Surrey.
They are both Gothic mooumeuts of white Carrara nimble,
are most elaborately carved, and are surmounted with
the arms of the family, the whole hiving been executed
by Mr. T. OsMo, the sculptor, of the Quadrant, Ragout-
street. The following are the toseription• Ie the
Biros vault below lie the inmates of Augusta Ada, only
daughter of George Gorda, Noel, sixth Lord Byron. the
wife of William Earl of Lovelace ; horn 10th Dee , 1815,
died 27th Nov' 1552 ;" In memory of *roe
Neel, Visomiet Orbham and Soros Wentworth, eldest era
of William Karl Lovelace, born 12th Ifity, 1830, died
*opt 1, 1862."