The Sun.
London, England, 1855-03-02 00:00:00

THE SUN, LONDON, FRIDAY EVENING, MARCH 2, 1855.

TO THE EDITOR OF THE SUN.

Sin,—Allow me, through the medium of your pages,
to lay before the public a rather curious fact. It is a
singular circuinstarce, that the speech of Cicero on the
Manilian Law, delivered 1,921 years ago, should be
almost as applicable to the present state of affairs con
cerning the uar as it was to that of the period in which
it was spoken. A few citations, taken from Guthrie's
Cicero, may not be out of place :—"Thus have I laid
down the point in question ; but bow you shall deter-
mine lies in your own breasts. My duty, I think, now
leads me speak, first, of the nature, then of the great-
ness, of the war ; then of a General proper to manage
it. Its rature is such as to demand all your resent-
ment, and to arouse all your courage. That glory,
which on all occasions was great, but in the field greatest,
the glory transmitted by your great forefathers into
your hands—the safety of your friends and allies, pur-
chased by the best blood of your ancestors—the surest
and fairest revenue of Rome, that revenue which coin.,
municates dignity to peace and success to war ;—in
short, the fortunes of numbers of citizens, now depend-
ing upon the protection of you and your generals—are
all at stake."

Again—" For hitherto your generals have fought on
such a footing with this Prince, as to carry off the tro-
phies of victory, but not victory itself. Lucius Sylla
has triumphed, Lucius Marmna has triumphed, over
Mithradates. These two were brave men, and accom-
plished generals, yet their triumphs were such as to leave
him, amidst all his defeats and disgraces, in possession
of empire."
Again—" Romans, beware I beware ! lest, as their
transmitting to your hands this extent of empire was
glorious for them, your inability to preserve and defend
it should be infamous for you ! What ! when the press-
ing difficulties, the imminent danger of your Allies, call
out, are you to bo inactive ?"
And again—" A strong and current report had like-
wise a great impression on the minds of these barbarians,
that the hopes of rifling a wealthy and awful temple had
brought our army into those territories. Thus a number of
powerful nations were roused with a certain jealous indig-
nation and panic." Asking pardon for the space I have filled
up, I have but one more suggestion to make, which is
as follows :—As our hereditary statesmen have shown
so great an obliviousness of the classical education
lavished on them when in an embryo state, both at
school and college, let them be placed under the eye of
a watchful pedagogue, armed with one of the vine roots
our unfortunate soldiers are obliged to scratch from the
earth to roast their green coffee berries with, and then
let them get the whole of Cicero's speech again by heart.
It can do them no harm, and possibly some good. Even
the castigations they may receive for mistakes, whilst
learning the advice of a man who lived 1921 years ago,
will only be what they have richly deserved for past
misdeeds, and, in truth, would no doubt be the very
best remedy that could be applied to them under any
circumstances.

ANGLO-SAXON.

ARMY REFORM.

TO THE EDITOR OF THE SUN.

Sin,—Should Army Reform be fairly entered upon it
will, no doubt, be desirable to borrow several improve-
ments from our continental neighbours. In the Austrian
service it is a rule without exception that before a young
man can hold a commission he must have gone through
all the matins work of regimental duties. Members of
the wealthiest and most aristocratic families have invari-
ably to-go through this ordeal ; joining their regiments
as "cadets," wearing the same uniform as privates, only
of finer material ; and discharging the ordinary rank and
file duties, though associating and messing with the
officers. In this way when at the end of 12 months they
obtain an Ensigncy they thoroughly Understand the
duties which the men under them have to perform ; they
are consequently looked up to, and respected ; while in
our service many ignorant and conceited striplings, self-
sufficient after a short nominal drill, raise feelings of
ridicule and contempt ; to say nothing of the possible
dire consequence of (heir inefficiency in the field. In
carrying out Army Reform, the leading principle ought
to be kept in view, that young aristocrats and others,
however distasteful it may be to them, must -be taught
in their respective regiments to obey before they are
allowed to command.—l am, Sir, yours truly,
London, March 2, 1855. ALPHA.

LATEST NEWS.

ILLNESS OF THE EMPEROR
OF RUSSI A .

BERLIN, FRIDAY, MARCH 2.
New s was received here last night that the
emperor of Russia is seriously ill.
It is added that_ the physicians despair of his

recovery.
The dinner at Court to-day in honour of Lord
John Russell has been deferred.

VIENNA, FRIDAY, MARCH 2.
Intelligence has been received from Constanti-
nople up to the 22d February.

The last sorties of the Russians had been vic-
toriously repulsed.
The Russians have demolished the Malakoff

tower.

Information had been received by General Bos-
quet of an intended attack on Balaklava. Pre-
parations had been accordingly made to receive
the enemy.
Baron Koller had been honoured with an audi-
ence by the Sultan. The raising of the blockade
of the Danube has been officially notified.
The exportation of corn from the Turkish pro-
vinces will, it is expected, be prohibited.

BERLIN, TKURSDAY, MARCII 1.
Lord John Russell arrived in this capital yes-
terday at noon.
In the afternoon he had a long interview with
the Minister President Baron von Mantouffel.

To-day (Thursday, noon), Lord John Russell
had an audience of the King in the presence o.
M. Manton ffel.

We have received the followiag telegraphic des-
path from Paris :-
11'1. de Wedell, the Prussian Envoy, left Paris
last night for Berlin.
He will return to Paris on Tuesday or Wednes-
day next.

BOULOGNE, THURa.DAY, 5 o'clock.

The Emperor of the French has this moment
arrived at the Imperial Pavillon Hotel from the
Camp at St. Omer.
The following private telegraphic despatch has
been received in Paris :
HAMBURG, FEB. 28.

The Russians have formed corps of Greek
volunteers at Odessa, under the command of
Chrysoveris, and carrying at their head the ortho-
dox standard. They will be employed in the
Crimea.

The Bulgarian volunteers have been sent to.
wards the Danube.

TRIES.;TE, FEB. 28.

Despatches from Ceyldn, of the Ist, announce
that the people of Australia have risen and pro-
claimed their independence.

Some troops, sent to put down the insurrection,
had fought some sanguinary engagements.
Melbourne was in a state of siege.

Something is whispered here, but very cautiously,
about a run over to England not being very im-
probable. Nothing positive is said on the subject,
but people would not be surprised if such a thing
occurred, as it would be quite characteristic of the
Emperor. It was doubted to-day in official quar-
ters whether the departure for the Crimea would
take place before the end of the month. So many
dates have been 'fixed that it is, impossible to say
anything with certainty.
The reports received from General Canrobert con-
firm what has been said of the state of the French
army in the Crimea,. The soldiers are in the
highest spirits. They are well fed, and have, ac-
cording to these reports, their soup regularly twice
a day. The English army is also improving ra-
pidly. The Russians are said to Suffer a great deal.
Their biscuit is a compound of black flour and
filth. Meat is only to be had at Sebastpol, and the
cattle arriving from a great distance, for the useof
the garrison, are weak and exhausted, and their
flesh nauseous. They have little or no shelter
from the inclemency of the weather. The Allies
hoped soon to completely invest Sebastopol.

BOURSE, MASON I.—CLOSING PRICES.
Cash. fr. c. End of Month.
4i per Cents 95 75 95f. 25c.
3 per Cents 66 20 - C 6 20
Credit Mobilier 727 50 Roman
Credit Fonder 537 50 Austrian
Belgian Fives — Spanish Threes —
Piedmontese Bl Home Debt 303
RAILWAYS—FOR CASH.
fr. c. fr. c.
Orleans 1,165 Lyons . 1018
Western.... ....... ..... 660 Rouen
Cette 592 50 Strasburg
Mediterranean 897 50 Havre 555
Northern

LORD LUCAN AND LORD RAGLAN. 1

The following is a copy of the letter addressed by Lord
Lucan to Lord Raglan complaining of the expression
used in Lord Raglan's despatch describing the charge at
Balaklava

• " Balaklava, Nov. 30, 1854.
" My Lord,—ln your lordship's report of the cavalry
action of Balaklava of the 25th ult., given in the papers
which have just arrived from England, you observe, That
from some misconception of the instruction to advance, the
Lieutenant• General considered that he was bound to at;
tack at all hazards, and he accordingly ordered Lord Cai-
digan to move forward with the Light Brigade' Surely,
my lord, this is a grave charge, and an imputation reflect-
ing seriously on my professional character. I cannot re-
main silent. It is, I feel, incumbent on me to state those
facts Which I cannot doubt must clear me from what I
respectfully submit is altogether unmerited. The cavalry
was formed to support an intended movement of the in-
fantry, when Capt .Nolan, the aide-de-camp of the Quarter-
master-General, came up to me at speed, and placed in my
hands this written instruction :

" Lord Raglan wishes the cavalry to advance rapidly
to the front, follow the enemy, and try to prevent the
enemy carrying away the gnus. Troop of Horse Artillery
may accompany. French cavalry is on our left.
" `lmmediate. - " R. AIREY.'

" After carefully reading this order I hesitated, and
urged the uselessness of such an attack and the dangers at-
tending it. The aide-de-camp, in a most authoritative
tone, stated that they were Lord Raglan's orders that the
cavalry should attack immediately. I asked him, Where,
and what to do ?' as neither enemy nor guns were within
sight. He replied, in a most disrespectful but significant
manner, pointing to the further end of the valley—' There,
my lord, is your enemy; there are your guns.' So distinct
in my opinion was pour written instruction, and so posi—
tive and urgent wore the orders delivered by the aide-de
camp, that I felt it was imperative on me to obey, and I
informed Lord Cardigan that he was to advance ; and to
the objections he made, and in which I entirely agreed, I
replied that the order was from your lordship. Having
decided, against my conviction, to make the movement,
I did all in my power to render it as little perilous
as possible. I formed the brigade in two lines and
led to its support two regiments of heavy cavalry,
the Scots Greys and Royals, and only halted them
when they had reached the spot from which they
could protect the retreat of the Light Cavalry in the
event of their being pursued by the enemy, and when,
having already lost many officers and men by the fire from
the batteries and fort, any further advance would have
exposed them to destruction.
My lord, I considered wt the time—l am still of the
same opinion—that I followed the only course open to me.
As a Lieutenant-General, doubtles3, I have discretionary
power ; but to take upon myself to disobey an order writ-
ten by my Commander-in-Chief within a few minutes of
its delivery, and given from an elevated position com-
mandiug an entire view of all the batteries and the posi-
tion of the enemy, would have been nothing less than di-
rect disobedience of orders, without any other reason than
that I preferred my own opinion to that of my General,
and, in this instance, must hare exposed me and the
cavalry to aspersions against which it might have been
difficult to defend ourselves.

"It should also bo remembered that the aide-de-camp,
well informed of the intentions of his General and the ob-
jects he had in -view, after first insisting on an immediate
charge, then placed himself in front of one of the leading
squadrons, where he fell the Zrst victim.
" I did not dare se to disobey your lordship, and it is
the *pinion of every officer of mak in this army to whom
I have shown your instructions that it was not possible
for me to do so.

" I hope, my lord, that I have stated the facts temper-
ately and i-n a becoming and respectful manner, as it has
been my wish to do. lam confident that it will be your
desire to do me justice. I will only ask that your lord-
ship should kindly give the same publicity to this letter
that has been given to your report, as I am sensitively
anxious to satisfy my Sovereign, my military superiors,
and the public that I have not on this unhappy occasion
shown myself undeserving of their confidence or unfitting
the command which I hold.—l have the honour to be, &c.,
"LucAN,
" Lieutenant-General, Commanding Cavalry Division.
" His Excellency the Commander of the Forces."

"TEN THOUSAND A YEAR."

MANBY V. CRASTER AND OTHERS

NEWCASTLE-ON-TYNE, Feb. 28.—This was an action
of ejectment, brought to recover possession of certain
properties on the banks of the Tyne, called Long Benton
and Walls-end, producing a rental of upwards of 10,0001.
a year. The defendants pleaded not guilty.
Mr. Warren, Q.C., Mr. Temple, Q.C., and Mr. Ad-
dison appeared for the plaintiff ; Mr. Watson appeared
for the defendant Craster, Mr. Hill for Calverly Bewicke,
and Mr. Manisty for others, tenants of the properties.
Mr. Warren, in stating the case to the jury, besought
their patient attention to the facts which he should have
to lay before them, and which he should endeavour to
establish by evidence as interesting to the public as to
the party seeking to recover. The sight of one man en-
joying another's property was at all times painful, but it
was more painful to witness poverty struggling to re-
cover its own, which was usurped by power and in-
fluence. The plaintiff was a very poor man who sought
to recover many thousands a-year from the defendants,
whose character he did not wish to asperse, as they were
gentlemen of the highest honour and respectability ; but
who, he understood, proposed to take their stand in the
present case, and defend their possession, on the ground
that possession was nine-tenths of the law. And the
plaintiff freely admitted that, unless he could show an
earlier and better title than the defendants, they must con-
tinue to enjoy the property concerning which he disputes
their title. From the instructions he had received, it
would appear that the plaintiff is the heir-at-law of Dame
Dorothy Windsor, the lady who was last seized of the
properties in question. She was the widow of the Hon.
Dixie Windsor, of the Plymouth family, and on her death
the defendants' ancestors entered into possession of her
estates without a shadow of a title. This was not the first
time that this claim bad been asserted as against the
trustees of the property, for, on the death of Dorothy
Windsor, the person who at that time became entitled
to the property, and who was a person of weak intellect,
brought his action of cozenage, and recovered a portion
of the property as heir-at law ;as to the rest of the pro-
perty in the county about, which proceedings were at
the same time taken, those matters were surrounded
by a mystery which none but the dead could disclose
effectually. That action, which was settled, had
been the subject of much conversation ever since ;
it was an action of cozenage, which had since been
abolished, and one of the provisions of the statute abo-
lishing that form of action he understood the defendants
would rely on. Unless he were altogether mistaken, it
would be proved that the plaintiff was the real owner
of these large estates. In the case of "Charter v. Tre-
velyan" (11 Clarke and Finelly, page 700), Lord Cotten-
ham said that in case of fraud time was of no avail.
Such was the present case, and he should lay before
the jury a transaction which took place so long ago as
the year 1782, and should ask them whether that tran-
saction was not a scandalous transaction and a cruel
fraud upon a poor and weak-minded man ? The learned
counsel here detailed the pedigree of the plaintiff. In
the year 1782 the grandfather of the claimant brought
his action of cozenage to obtain possession of the town
property, and obtained a verdict against Bewicke and
Craster at the assizes held at Newcastle, and at the
same assizes another action was pending to recover the
county property, when an agreement was entered into
when the proceedings were stopped, the defendants
Bewicke and Craster agreeing to pay 1,5001. to the plain-
tiff's attorney, named Hervey, and to pay an annuity of
3001. for ever to the then plaintiff, and that in lieu of the
many thousands a-year he was entitled to. The annuity
of 3001. was an insult, but he never got it, for an aged
witness, who was 105 years of age, would state that the
claimant was a person of weak intellect, and that after
the action he returned to Louth, where he resided, and
continued so to do in a hovel in the greatest poverty.
The learned counsel then read a copy of a deed bearing
date the 10th of September, 1782, made between
Robert Bewicke and David Craster, and Stote
Manby and the son (who was imbecile), by which
it was agreed that a juror should be withdrawn, and the
action then pending, that Stote IVla.nby should receive an
annuity of 3001., and that 1,5001. should be paid to Stote
Manby's attorney. This proceeding could not be stig-
matised in any other way than as a downright fraud.
In the year 1847 a railroad was made through the pro-
perties, the money for which concession had been paid
by the purchasers into the bands of the Accountant.
General for want of a legal title in the vendors. -
Mr. Watson, on behalf of the defendants, dissented
from this assertion.

His Lordship interrupted the learned counsel and said
the Statute of Limitations was a complete and sufficient
bar to the plaintiff's claim, supposing that all the learned
counsel had opened was proved or admitted.

Mr. Wirren said that he would ask that the jury be
allowed terfind a special verdict, under the 184th section
of the Common Law Procedure Act, and submitted that
the Statute of Limitations only began to run from the
time of the discovery of the fraud.

His Lordship said that in law the plaintiff had nothing
to recover, and that he should nonsuit him, and, that in
his discretion,-be should not direct the jury to find a
special verdict, as it would be of no use.
Mr. Warren said that it would be of great consequence
to the plaintiff that the facts he bad mentioned should
be found by the jury, for the purpose of their being
placed before the Court of Equity, when they went to
that court to upset the deed of 1782, and that as it was
discretionary with the plaintiff he should not elect to
be nonsuited.

At the request of the learned counsel,
His Lordship asked the jury whether they would con-
sent to find a special verdict, which ought only to be
done by the' direction of the judge when there was some
doubtful point of law ?

The jury answered that they decidedly would find a
special verdict, if their doing so would be of any service
to the plaintiff in equity.
His Lordship then said that, taking the law from him,
the plaintiff was not entitled to recover. He ought to
have gone to the Court of Chancery in the first instance,
and ought not to have brought his action at law. If he
filed his bill in equity forthwith, he could have the evi-
dence of the aged witness alluded to taken directly, so
that he would not be injured by the loss of his evidence.
Mr. Warren then said that the plaintiff would consent
to be nonsuited.

THE COURT OF COMMON COLTNCIL met yesterday,
when the committee which bad administered the fund
(nearly 7001.) raised for the distressed coal-whippers
during the frost, reported that they had relieved 6,000
personF, and given away 6,552 loaves of 41b. each,
7,9341b5. of meat, and 65 tons of coals. A resolution
was brought forward, for authorising the City solicitor
to apply to the Court of Queen's Bench for a quo war-
rant° to try the question of the rightful presidency of
Christ's Hospital, upon which eminent counsel had given
an opinion favourable to the corporation. Many mem-
bers were for maintaining the ancient rights of the City ;
others were decidedly against going to law. After much
discussion the motion was lost, and ultimately it was re-
ferred to the committee to take the opinion of the Re-
corder and some other counsel, and report thexeon.