The Sun.
London, England, 1855-03-10 00:00:00

COUNT BUOL'S DESPATCH TO THE
GERMAN COURTS.

We yesterday published a summary of this de-
spatch. The following is a verbatim, copy of the
document :

Our previous communications do not permit your
excellency to doubt that the resolution of the Diet of
the Sth, by which all the principal contingents of the
Federal army are to be ready on the first appeal to enter
into a campaigl within a delay of 15 days, has been re-
ceived with sat'sfaction by the Government of the Em-
peror, In fact, we see in the resolution of the Diet an
event of great importience, if only for the reason that
the schism which the question of military prepare-
times threatened to cause in Germany, has been for-
tureately avoided for the moment, Considered in
itself, however, this resolution does not appear to us to
arisie logically from the reflections caused by the present
sitveetion of things, or to respond to the indispensable
necessity of keeping the federal army completely pre-
pared to take up a strategetic position without loss of
time. It is true that we have not been able to admit
tha motives on which the united committees based the
proposition which has been converted into a resolution.
It will be understood that on our part we could not pre-
sena our accord with the Western Powers in the light of
a demonstration directed at the same time against the ,
to o belligerent parties; but the Confederation itself, which
in this question is no longer placed exclusively on the
ground of the federal act, but is also p:aced on that of the
of eusire and defensive alliance of the 20th April, and of
the resolutions subsequently attached thereto—has in our
op onion assumed an attitude much too decided to be
accepted as the motive of the measure at present re-
solved on, as far as regards the generally menacing eitu-
atlon of European affairs. In the meantime we believe
that we may expect that these motives, insufficient in
oter eyes, will be corrected by the situation dc facto and
dc jure of the question, and especially by the nature of
the relations with the Powers with which we are allied
by a solemn treaty. Your Excellency will express
yourself in a general way as far as regards the reenlu-
tioo of the Diet, on the indications which we have just
given. The immediate and as energetic as possible
execution of that resolution is now a question of honour
far Germany, and we have no doubt that all the Govern-
ments of the Confederation will endeavour, with the
same zeal, to carry into execution the measure resolved
on, and that they will do all in their power that the
military constitution of Germany shall, under these cir-
cumstances, respond to its object and to the mission of a
great federal power. As far as concerns Austria, the
Eeeperor, our august sovereign, has deigned to order
that in the delay of 15 days, given to the different Go-
vernments to notify the measures which they shall have
telcen, the statement of all the troops placed on a war
footing, and under the superior command of Field-
Marshal Baron de Hess, shall be communicated to Cie
Diet, and that a proofwill be furnished that the pre-
parations for war made by Austria will fur exceed
what, has been demanded by the Met. It is scarcely
necessary far us to formally express on this sub-
ject our conviction that the complete iladinissibi-
iity of the proposition made during the vote by the
representative of Prussia, not supported by any other
Government, to the effect that the placing of troops on
a war footing must take place within the limits of the
Federal territory, has not escaped the appreciation of
the German Governments, the said proposition com-
pletely losing sight of the fact that the measure now
adopted by the Diet is only a consequence of previous
res•lntions, according to which the common defence
with which the Confederation has charged itself, in con-
sideration of the dangers which threaten German inte-
rests, is not only to protect the German Federal terri-
tory, but also all the territory of Austria and of Prussia,
and even our position in the Principalities. There will
be no impropriety in your Excellency communicatin
this despatch confidentially to the Government.
"Accept, &c., "Bud."

FATAL ACCIDENT ON A RAILWAY.—An inquest was
held at the Manchester Infirmary, on Thursday, by Mr.
lierford, the coroner for that city, on the body of Thos.
Smethurst, a stoker in the service of the Lancashire and
Yorkshire Railway Company, Oa Saturday afternoon
last deceased 'came on the engine of a goods train from.
Burnley to Manchester, as far as the Miles Platting sta-
tion, about a mile from the terminus, where it stopped,
and the waggcns were detached. Five coal waggons had
then to be attached to the engine in their stead, and they
came up to it with a slight concussion, which caused the
deceased to fall off the tender, where he was at the time.
n
It is not known why he went on the tender,
o.as he knew
the
earrd3..tAbltehoa
-
ut tgabc htehde ;6
ha
en
edkhwea ought
e tmeansohave
violent, he was
found to have sustained
a compound
fracture of the left leg, which caused his death at the
j •
Manchester Infirmary, on Thursday morning.e
ohrnin.uy found agi. He was
21 years of age, and a single pan.
verdict of "Accidental death.

SIR CRARLES —;,rs%
14,174,77c-iti- 45'4
(From the Tiacs of ells day.)
•
The investigation of the Critman expeditimt,hilving
been transferred by the Rouse of Commons to a select
committee, the discussion of the proceedings of the Baltic
fleet offered a ready way of getting over an evening
which might otherwise have hung heavy on the hands of
a Legislature no longer, as hitherto, bewillered by a mul-
titude of measures, and overwhelmed under the weight
of its avocations. Of the exact merits of the con-

troversy we are not permitted to judge, for the
public service does not permit the whole of the facts to
be laid before us, but some things appear to us to
be established without the least probability of being
rendered dubious by any future disclosure, and these
we propose to state with as much fairness and as much
brevity as we can command.
The first, and by far the most important conclusion, is,
that it would be neither just nor generous in this country
to feel or to express dissatisfaction with the perforn...!
ances of the Baltic fleet. Though it has not been thought
advisable to bestow on the officers and sailors of this
gallant armament the thanks which have been lavished
on the Admiral and fleet of the Black Sea, there are
many respects in which its naval campaign may bear
comparison with that of its more highly-appreciated rival.
The officers of the Baltic fleet bad, undoubtedly, to train
and discipline the crews of their ships, and have by com-
mon consent worked up this excellent raw material into
most efficient and admirable seamen. They have main-
tained a strict and complete blockade in conformity with
the law of nations, instead of imagining that by stopping
the passage into the Black Sea they did all that could
be required of them. Their campaign is marked by no
episode like the loss of the Tiger, they succeeded in com-
pletely demolishing Bomaraund, the projected Sebastopol
of the North, they effectually kept the enemy within his
ports, and, while the Russian steamers for months
passed in and out of Sebastopol at pleasure, Cronstadt
and Helsingfors were hermetically sealed. Provided
only with largo ships, and without the assistance of gun-
boats and floating batteries, they were unable to ap-
proach the shores of that shallow sea and destroy the
enemy's town, but our fleet has preserved to us, to our
coasts, and to our trade, all the impunity of peace in the
midst of war, and has shown to Europe how little the
vaunted naval resources of Russia can avail when the

real masters of the ocean enter the lists. The chief has
quarrelled with the Admiralty, but we must separate
him from those he commands, and only regret that the
differences that have arisen should seem for a moment to
obscure the services of so many gallant seamen, or have
interposed between them and that grateful acknowledg-
ment which they deserve at the hands of their country.
As to the case of Sir Charles Napier, it is by no means
so easy to express an opinion, for the simple reason that
we are not possessed of the data upon which that opi-
nion most be formed. Regarding Sir Charles-Napier's
services as a whole, and without reference to any corre-
spondence between him and the Admiralty, we have
said that we see no reason to be dissatisfied with them ;
but the case is by no means so clear when that element
is taken into consideration. The Government seem to
have been of opinion that after the fall of Bomarsund,
Sweaborg should have been attacked, and there were
not wanting high authorities to support that view.
If we understand the case rightly, Sir Charles Napier's
objection turned much more on the lateness of the season
and the uncertainty of the weather than on any engi-
neering difficulties. This objection the result does not
appear to have supported, for the Baltic remained open
for three months after the capture of Bomarsund, and
the weather, however inclement and disagreeable, was
not such as to prevent the prosecution in those waters
of ordinary commercial enterprise. It was not by nicely
weighing difficulties and forestalling every possible con-
tingency that might occur to baffle and defeat their ope-
rations that our great admirals have raised the navy
of this country to its present height of excellence and
renown. The possibilities they have been in the
habit of calculating were those of success, not of
failure, and they have striven to melee an opportuni. y
rather than sought to avoid one already made for them.
Had Nelson reasoned tires, where would have been the
glories of the Nile or Copenagen ? Had Lord Exmouth
reasoned thus, %•.diere would have been the capture of
Algiers ? Had Sir Charles Napier reasened thus at the
siege of Acre, a most glorious day would have been lost
to our annals. We do not presume to prejudge the case,
but, as far as we can undtritand it from the lips of Sir
Charles Napier's own advocates, supposing the enter-
prso to be otherwiss feasible, the mere lateness of the
season does not appear a sufficient objection.
Bat, while speaking with diffidence as to the merits
of the matter in controversy, we can feel no difficulty
whatever as to the course Sir Charles Napier has taken
with the view of vindicating his character and redressing
his real or supposed ill-treatment. Whatever were the
differences between the Admiral and the Admiralty, :t
is clear that he was neither recalled nor dismissed, that
no public charge was made against him, nor anything
said or done to injure his reputation. His command had
expired, and it was not thought proper to renew it. This
is a discretion necessarily vested in the Board of Admi-
ralty, and one which Parliament, if it have the public
service at heart, will never venture to interfere with.
The widest distinction ought to be taken between re-
calling an officer from a command, or refusing to re-
new that trust, and preferring charges against him
affecting his personal honour or professional reputa-
tion. The latter is public property ; the former is,
and must be, in the discretion of the Executive. In
order to form a judgment on the propriety of a re,
call, Parliament must have access to numerous con-
fidential documents which the necessities of war
withhold from the knowledge of a popular assembly. It
must place itself in the position of the Executive, and
call for all the information that Executive possessed.
The -result of such inquiries can only be that officers
found incapable will be continued in employment to the
detriment of the public service, unless some specific act
sufficient to justify their recall in the public eye can be
proved against them. The tendency in this direction is
already a good deal too strong. The dread of the re-
sponsibility of recalling Generals and Admirals is al-
ready far too great for the public good, and the House
of Commons will act wisely in doing nothing to aug-
ment it. We therefore think that Sir Charles Napier
had no case to bring before the House of COMMODE,.
But, if we disapprove of bringing such questions be-
fore the Legislature at all, what shall we say of the
manner in which the defence or accusation—we know
not which to call it—was conducted An Admiral,
just returned from a service which is to be renewedln
1 two or three moths, by the same i men, n the same

waters, against the same enemy, with the same objects
as before, does not hesitate, in order to revenge himself
on a Ministry from which he thinks he has received un-
handsome treatment, to throw himself into the arms of
the party to which he is politically opposed, and to place
at the disposal of the Opposition a confidential cor-
respondence, the possession of which he owes to the
favour of those who are no.w the objects of his attack.
But this is merely a party consideration. The docu-
ments with which Sir Charles Napier furnished Mr.
Malins—and printed extracts which he distributed
with his own hand from beneath the Speaker's gallery
to members of the House of Commons—were net
his own property, were not his to give or withhold,
but were the property of the nation. It is not
because Sir Charles Napier feels himself aggrieved by
the conduct of the Ministry that be has a right to pub-
lish papers of the most secret and confidential nature,
which may cost us, for aught we know, thousands of
lives and millions of treasure. Mr. Malins said he would
select his extracts so as to do as little injury as possible
to the public service, but what right has he or his client .
to do to the public service any injury at all ? The
quarrel is between the admiral and the Government ;
the nation is no party to the dispute. The interests of
the nation must not be compromised for the sake of
private or personal considerations. The case has not •
been provided for in our statute-hook—it has not been
foreseen by our legislators. But, had it been so, we
cannot doubt that the law would have treated the wilful
and advised publishing, by a public servant of con-
fidential communications received by him in tnat capa-
city, without the assent of the Government by which
he is employed, as a heavy offence against public morale
and the public safety.

ELECTION INTELLIGENCE.

LIVERPOOL.

The death of Lord Ravensworth having elevated the
Hon. R. T. Liddell, M.P. for the borough, to the peer-
age, a vacancy is created in the representation, and
much speculation is al-at as to the successor of Mr.
Liddell. It is reported that the probable Conservative
candidate will be Lord Stanley, the present member for
King's Lynn, or Mr. Philip W. S. Miles, ex-M.P. for
Bristol. Both parties have been evidently taken by
surprise, as no candidate on either the Conservative or
Liberal interest has yet been announced definitely. As
usual, rumour is busy with her thousand tongues, and
several names mentioned without any authority.