The Sun.
London, England, 1855-06-30 00:00:00

HIGH WATER AT LONDON FARM°

T I —otornir g 42 min.after 1 Evening srain. aft. 2
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THE WPIATHER.—SuIf Owes, June 30.
Taziemoiczna, IN THE SHADE.
75—highest since noon yesterday.
6t —lowest this morning and during the night.
72 —this day, at noon.
BAROMETER., down to 30, now 30'09.
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weather and heavy passing clouds.

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LONDON, SATURDAY, JUNE 30, 1855.

DEATH OF FIELD-MARSHAL
LORD RAGLAN.

WAR DEPARTMENT, JUNE 30.

Lord Panmure has received intelligence from

General Simpson, announcing the fatal termina
tion of Lord Raglan's illness.

Until 4 p.m. on the 28th his Lordship had

been progressing to the satisfaction of his medical
attendants, when alarming symptoms developed
themselves, attended with difficulty of breathing,

w'aich gradually increased.

From 5 p.m. he was unconscious, and from
this periol he gradually sunk until twenty-five
minutes before nine, at which hour he died.

The event has plunged the whole army into

the most profound grief.

We have been designated by high authority as
" a nation of shopkeepers," and are accustomed
to boast of England as " a commercial coun-
try," and yet perhaps there is no part of
the world in which so many and such
vexatious restrictions have been imposed on
trade. It would, in fact, seem as if the very
attempt to engage therein was a high crime and
misdemeanour, which should be prohibited under
the most stringent penalties, or at all events the
most formidable and possibly ruinous risks. The
moment any man embarkzd a trifling sum of
money in any mercantile pursuit he ceased to be
a free agent, and became entangled in a variety of
meshes from which he could with extreme diffi-
culty only, if at all, extricate himself. He forth-
with became responsible to the full extent of his
fortune—aye, and his liberty, for the acts of
others. It is true that he may nut in any
degree have held himself out to the commu-
nity as a partner, and that consequently
no debt had been incurred on his credit, or in
consequence of the belief in his solvency—that he
may not have in any way interfered in the mis-
management of the concern, and that he may
have even stipulated with the working partners
for a complete exemption from any portion of the
leases--being practically neither more nor less
concernel than the banker or bill-broker who ad-
vances money for the purposes of the undertaking,
the only difference being that the one is remune-
rated for the use of his capital by a certain fixed
rate of interest, the other on a varying scale, pro-
portioned to the bona fide profits. Still, in every
instance, although his stipulations may be binding
as between himself and those with whom he is
engaged in the speculation, he is, so far as the
rest of the community are concerned, responsible
in person and property for every farthing of loss
thereon—aye, although in the eye of the law he
had no property in the goods, and could not exer-
cise the most trifling act of ownership with re-
spect thereto.

The natural consequences have followed this
untoward state of the law. No man would in-
vest capital in any business over which he could
not exercise the most vigilant control, and even
then be might find himself ruinously involved by
the reckless proceedings of an over-speculative or

dishonest partner. Rich men could not advance
a small portion of their wealth to assist a meri-
torious friend, or advance an object likely to
be beneficial to the community. Poor men could
not find profitable employment for their small
savings, without in either case endangering their
The tradesman, who could easily en-
large his business by money obtained from
friends and neighbours, who confide in his
integrity and efficiency, is prohibited from
doing so on any thing like reasonable
a sudden and unexpected de-
terms ; while, if
mand arises, he is driven into the bands of the
professional money-lender, from which moment
his ruin is merely a question of time, which sooner
or later must occur.

There are many other evils and inconveniences
resulting from this impolitic and inequitable state
of the law which it would be impossible to recapi-
tulate within the limits of a leading article.
Suffice it to say, that they are universally recog-
nised, and that, however parties may differ as to
the most eligible remedies, there is a general con-
currence of opinion among all unprejudiced and
disinterested persons as to the propriety, if not
the imperative necessity, of a searching revision
of the partnership code, with the view of the
abolition of regulations which occasion so much
mischief, without any corresponding benefit.

It was with the view of remedying this unto-
ward state of affairs, and in accordance with the
resolution carried twelve months since by the
House of Commons, that the two bills which last
night received their second readings were intro-
duced by the Government. The principles on
which these measures are framed are perfectly
analogous, and they have therefore very properly
been discussed together ; although for greater con-
venience they have been subdivided into matters
relating to private and joint-stock concerns. 01
these principles we heartily approve. But we must
candidly confess that we cannot conceive why the
remedies have been of so limited a character, and
why the smaller companies with less than 20,000/.
capital, of which three-fourths, or 15,0001., must
be actually subscribed, and 20 per cent. thereon-
paid up, should be so carefully excluded. There
are many very beneficial undertakings which do
not require the possession of 3,000/., in hard
cash, for their working, or prospective liabilities
to five times the amount. The avowed object is
to enable parties to invest a certain sum of money
without further risk; but, according to Mr.
BOUVERIE'S plan, the party must only so employ
one-fifth of the sum he is willing to speculate
with, and keep the remaining four-fifths idle,
or he must still subject himself to liabilities that
may be just as ruinous as the unlimited
claims that might have been put for-
ward under the old law. This is not
judicious; it certainly recognises a sound princi-
ple, but it fails to give practical efficacy thereto.
It is the introduction of the sharp end of the
wedge the cone( ssion of au instalment ; but that
is all. The objections, however, may be all dealt
with in committee, and, inasmuch, as in their
present form these bills must be regarded as very
decided ameliorations on the old system, we
should, while struvling for a more extended de-
velopment of the salutary principle, be sorry
to reject that which is offered, lest in grasping
at the shadow we might lose the substance
already tendered for our acceptance.

We wonder that most of the counsel for Austria
are not struck with the illogicalness of their own
arguments. Pity poor bankrupt tyranny, they
exclaim, when honest Englishmen lose all patience
with the shuffling which Lord LYNDHURST would
only describe to the life, but on which he would
not pass sentence. When, however, indignation
veers to the home delinquents for wasting time,
money, lives, and a campaign to secure this shuf-
fler's aid—Oh ! the reply is, it was invaluable ;
how could we have done without it ? How, in-
deed! We must have been ruined without the help
of a Power which dared not fire a gun, and which
now sends its soldiers home Itlicause it cannot
afferd to pay for their salt and black bread. If
Austria be the poor starving beggar she is now
represented to be, in the name of common sense
why have we been her tool at such tremendous
cost to ourselves? If she be an independent power,
if she has wealth of her own, or credit to borrow,
why, then, let her be required to do her part.

For ourselves, our readers well know our view
of Austria. She is a political pauper, and a
financial pauper—we may add, a political swin-
dler. Her aid was never worth an hour's pur-
chase. Her " chivalrous" monarch is about as
chivalrous as all the dark-souled dynasty to which
he belongs—a dynasty which has done more than
any other in Europe to clench the common
belief of Protestants that Catholics can dispense
with the obligation of an oath ; a dynasty which
might have enjoyed the enthusiastic support of
the really chivalrous Hungarian nation, but
which had not chivalry enough to discern the
slightest honour in reigning over a nation of free-
FRANCIS JOSEPH--." the youthful MUD.
ROR"—plainly is an old Hapsburg. The vice of
many generations is grey on him. He has no
notion of government except by universal repres-
sion of liberty, and knows no better means of
keeping together an empire of political slaves
than the old one of setting race against race. We
have, therefoie, always and consistently held that
such an empire is not a power. She could not
obstruct the Allies if she would ; whether her
help would have been worth having, had she been
as chivalrous as she has been cowardly, as honest
as deceitful, may well b 3 doubted. The duty of
the Allies, however, now is very plain ; they must
bid her mind her own business, hold her tongue
about conferences henceforth, and, above all, as
she is too beggared to afford an army of the need-
ful size, to remove her brutal Croats from the
Principalities at once. It is downright wicked-
ness to tolerate an hour longer the occupation
of those provinces by such a corrupt tool of
Russia, and a subverter of native liberty ;
by a Government which, in violation of treaty,
sets up its savage martial law to over-
ride the civil law of the country ; and
which—we shudder to write it—sets a price
on the head of Hungarian patriots who have sought
a refuge there. A Hapsburg can never forget to
combine the inquisitor and the tyrant—can never
sleep in quiet unless his agents are tracking some-
where the footsteps of fugitive liberty.
The beggary of this despicable Government
throws also, to our mind, much fresh light on the
prudence of raising the standard of " the nation-
alities." It shows that we may do it without fear
of Austria. She has not a soldier to spare to help
Russia any more than to attack her. The talis-
manic words of Mr. ROEBUCK once pronounced,
her game would be up. The Lombards, Poles,
and Hungarians would not need to rise at once.
Sulky silence would alone make the heart of every
Hapsburg quail. Austria could never move a
man against the Allies, for she could hardly pay
soldiers sufficient to keep the youthful tyrant from
baying his brains knocked out by his own subjects.
Prussia is in the same predicament. We speak
from personal intercourse with well-informed
Prussians, and we axe confident that, though

men.

Prussian officers are bribed by Russian gold to
buy them new coats when their tailors will trust
them no longer—by orders and honours, and even
by the old inexpressibles of the late CZAR,—yet
that the people are heartily with the Allies. The
Prussian army dare not fight for Russia ; if they
did, the Allies would be invited to take up their
bead-quarters at Berlin, and another 1848 would
not leave the perjured king his head on his
shoulders. Germany could never be led against
France, now that she has renounced for ever all
thoughts of European conquest. The aid of the
latter would be now welcomed to revenge the
innumerable royal cruelties and perjuries of 1849.
We affirm, then, once more, that the talismanic
words ought to be uttered. We ought not to
allow ourselves to be over-reached and cozened to
the end of the story. England has not begun a
war for the purpose of enabling Prince ALBERT
and the continental royalties to adjust matters for
the satisfaction of dynasties merely. The people
began this War ; its victories hitherto have been
gained by the soldiers in despite of bad general-
ship abroad and mismanagement at home. The
demand must, therefore, be, that peoples abroad
obtain what the people of England have spent
their money and their blood to get for them.
Russia must be driven from Poland as she is to
be from the Crimea; the standing menace against
Europe must no more survive the War than the
Aanding menace against Turkey. Austria and
Prussia must be told that they are to give up
their share of the robbery which has enslaved
them both. We must, in short, send to those
states the like message to that which DEaros-
THENES took to the Thebans when their Philippis-
ing oligarchs were playing the very game of the
Austrian and Prussian Courts—not that we
ask help of them against Russia, but
that we are ready to aid them in preventing
her encroachments. It is useless to flourish on
the position of Poland as even Lord PALMERSTON
could do to win a cheer, or to show, with Lord
LYNDHURST, that their small shares in the nefa-
rious robbery enslave both Austria and Prussia.
We must proclaim to both of them that the issue
of this contest must be in making Poland the
barrier of Europe against barbarism, and that the
Congress which shall arrange the terms of peace
shall this time be held in a Free Warsaw. Vienna
can never again, from mere self-respect, on the
part of England and France, be the seat of au
Allied Congress.

The policy that consigned Moldavia and Wal-
lachia to occupation by Austrian troops is bearing
its legitimate fruits. Having gotten possession of
these Principalities, and obtained other advantages
by cunning and fraud, Austria has grown indif-
ferent to keeping up appearances. Her unprin-
cipled diplomatists laugh at the noodleism of our
Ministers in having suffered themselves to be
lone; and her soldiery, even less under restraint
than before, indulge their brutal propensities
with a freedom that is somewhat startling. Pillage
and assassination are quite the order of the day_
If a gentleman has a cask of choice wine in his
cellars, the chance is its contents reward
an armed band for the labour of its capture to-
alorrow. Cabarets are entered, and if the host
insists on payment of the score, a bayonet stab in
his stomach, and any one else's who may come to
his aid, clears off the debt. Private dwellings
are feloniously entered in br3ad daylight, and well
for beauty or wealth if either escape.
A state of things like this is not only to be de-
plored by Government, but calls for prompt re-
monstrance, and, if necessary, resolute interposi-
tion. On England and France the responsibility
rests, to them the unfortunate Wallachians and
Moldaviana have a right to look for protection,
and nothing short of their interference will secure
it, or prevent the oppression under which they
groan from being increased. Under such circum-
stances we could wish that Mr. B_AntrE's question
had elicited from the Premier a somewhat more
satisfactory reply—one indicative of some sympa-
thy with the sufferers and indignation at the con-
duct of their oppressors. But while the Noble
Lord had a castigation in store for Mr. DOItIA,
through whom the facts have leaked out, all he
had to say, by way of reprobation, respecting
these atrocities was, describing them as "instances
of misconduct." For the honour of this country,
and in the interests of humanity, we trust honour-
able members will take care to quicken his Lord-
ship's apprehensions and action in the matter.

RETIREMENT OF THE HON. MR.
JUSTICE MAULE.

In consequence of continued ill-health, the Lord
Chancellor has accepted the resignation of the Hon. Mr.
Justice Maule. Mr. J. S. Willes, of the home circuit,
a stuff gownsman, and called to the bar in 1840, has
been appointed his successor.
Some surprise is expressed at mernbcrs of the bar
eminently qualified to discharge the responsible and im-
portant duties of judge, and Mr. Willes's seniors, being
passed over, but all, we believe, admit the great abilities
and high legal attainments of the learned gentleman who
has been appointed to fill the unexpected vacancy.

CAPTAIN W. PEEL, OF THE DIAMOND.

A rumour was very prevalent yesterday that Captain
W. Peel, the commander of the celebrated Koh-i-noor
Battery and of her Majesty's ship Diamond, bad been
killed. A contemporary last night contradicted the
rumour, but stated that Captain W. Peel was wounded.
We believe our contemporary has mistaken the Captain
Peel, of the 34th, who was mentioned in Lord Raglan's
despatch as wounded, for the gallant commander of the
"saucy Diamond," whom we believe to be in excellent
health.