The Sun.
London, England, 1852-12-21 00:00:00

Ca --
Gi• ed, become a subject of serious embarrassment to the a change of policy, and that it is consequently our duty to
overnment. It is hoped, however, that a timely and just mingle in these contests, and aid those who are struggling
Provision by Texas may avert this evil. for liberty.
"No appropriations for fortifications were made at the " This is a most seductive but dangerous appeal to the
two last sessions of Congress. The cause of this omission generous sympathies of freemen. Enjoying, as we do, the
is probably to be found in a growing belief that the system blessings of a free Government, there is no man who has
of fortifications adopted in 1816, and heretofore acted on, an American heart who would not rejoice to see tl ese bles-
requires revision. sings extended to all other nations. We cannot witness the
" The subject certainly deserves full and careful investi- struggle between the oppressed and his oppressor anywhere
gation ; but it should not be delayed longer than can be without the deepest sympathy for the former and the most
avoided. In the meantime, there are certain works which anxious desire for his triumph. Nevertheless, is it prudent
have been oommenced—some of them nearly completed—. or is it wise to involve ourselves in these foreign wars? Is
designed to protect our principal seaports, from Boston to it, indeed, true that we have heretofore refrained from
New Orleans; and a few other important points. In re- doing so merely from the degrading motive of a conscious
Bard to the necessity for these works, it is believed that weakness ? For the honour of the patriots who have gone
therefore,
little differenes of opinion exists among military men. I, before us, I cannot admit it. Men of the Revolution, who
prosecute them to be made. recommendappropriations necessary to drew the sword against the oppressions of the mother
country, and ed to H 'their lives their fo " I invite your attention to the remarks on this subject, and their sacred honour' toeaven maintain their:freedom,r tunes,
could
and on others connected with this department, contained in never have been actuated by so unworthy a motive. They
the accompanying report of the Secretary-at-War. knew no weakness or fear where right or duty pointed their
" Measures have been taken to carry into effect the law way, and it is a libel on their fair fame for us, while we
of the last session making provisions for the improvement enjoy the blessings for which they so nobly fought and bled,
of certain rivers and harbours, and it is believed that the to insinuate it. The truth is, that the course which they
arrangements made for that purpose will combine efficiency pursued was dictated by a stern sense of international jus-
with economy. Owing chiefly to the advanced season when tice, by a statemanlike prudence and a far-seeing wis-
the act was passed, little has yet been done in regard to dom, looking not merely to the present necessities, but to
many of the works, beyond making the necessary prepara- the permanent safety and interest of the country. They
tions. With respect to a few of the improvements, the knew that the world is governed less by sympathy than
sums already appropriated will suffice to complete them ; by reason and force ; that it was not possible for this na-
but most of them will require additional appropriations. tion to become a `propagandist' of free principles without
I trust that those appropriations will be made, and that arraying against it the combined Powers of Europe ; and
this wise and beneficent policy, so auspiciously resumed, that the result was more likely to be the overthrow of re-
will be continued. Great care should be taken, however, publican liberty here than its establishment there. History
to commence no work which is not of sufficient importance has been written in vain for those who can doubt this.
to the commerce of the country to be viewed as national in France had no sooner established a republican form of Go-
its character. But works which have been commenced vernment than she manifested a desire to force its blessings
should not be discontinued until completed, as otherwise on all the world. Her own historian informs us that,
the sums expended will in most cases be lost. hearing of some petty acts of Parliament in a neighbouring
" The report from the Navy Department will inform you principality ' The National Convention declared that she
of the prosperous condition of the branch of the public would afford a succour and fraternity to all nations who
service committed to its charge. It presents to your con- wished to recover their liberty ; and she gave it in charge
sideration many topics and suggestions of which I ask your to the Executive power to give orders to the Generals of
approval. It exhibits an unusual degree of activity in the the French armies to aid all citizens who might have been
operations of the department during the past year. The or should be oppressed in the cause of liberty.' Here was
preparations for the Japan expedition, to which I have the false step which led her to subsequent misfortunes.
already alluded; the arrangements made for the explora- She soon found herself involved in war with all the rest of
tion and survey of the Chinese seas, the Northern Pacific, Europe. In less than ten years her Government was
and Behring's Straits; the incipient measures taken to- changed from a republic to an empire : and finally, after
wards a reconnoissance of the continent of Africa, east- shedding rivers of blood, foreign Powers restored her exiled
ward of Liberia; the preparation for an early examination dynasty, and exhausted Europe sought peace and repose
of the tributories of the River La Plata, which a recent in the unquestioned ascendancy of monarchical principles.
decree of the provisional chief of the Argentine Confedera- Let us learn wisdom from her example. Let us re-
• tion has opened to navigation;;—all these enterprises, and member that revolutions do not always establish freedom.
the means by which they are proposed to be accomplished, Our own free institutions were not the offspring of our
have commanded my full approbation, and I have no Revolution. They existed before. They were planted
doubt will be productive of most useful results. in the free charters of self-government under which the
"Two officers of the navy were heretofore instructed to English colonies grew up, and our Revolution only freed
explore the whole extent of the Amazon river, from the us from the dominion of a foreign Power, whose Govern-
confines of Peru to its mouth. The return of one of them meat was at variance with those institutions. But Euro-
has placed in the possession of the Governmentan interest- peon nations have had no such training for self-government,
ing and valuable account of the character and resources of and every effort to establish it by bloody revolutions has
a country abounding in the materials of commerce, and been, and must, without that preparation, continue to be
which, if opened to the industy of the world, will prove an a failure. Liberty, unregulated by law, degenerates into
inexhaustible fund of wealth. The report of this explora- anarchy, which soon becomes the most horrid of all despot-
tion will be communicated to you as soon as it is com- isms. Our policy is wisely to govern ourselves, and there-
pleted.
by to set such an example of national justice, prosperity,
"Among other subjects offered to your notice by the and true glory, as shall teach to all nations the blessings of
Secretary of the Navy, I select for special commendation, self-government, and the unparalleled enterprise and ma-
in view of its connexion with the interests of the navy, the cess of a free people.
plan submitted by him for the establishment of a perma- "We live in an age of progress, and ours is emphatically
nent corps of seamen, and the suggestions he has presented a country of progress. Within the last half century the
for the reorganisation of the Naval Academy. number of States in this Union has nearly doubled, the
"In reference to the first of these, I take occasion to say population has almost quadrupled, and our boundaries
that I think it will greatly improve the efficiency of the have been extended from the Mississippi to the Pacifip.
service, and that I regard it as still more entitled to favour Our territory is chequered over with railroads, and fur-
for the salutary influence it must exert upon the naval rowed with canals. The inventive talent of our country
discipline, now greatly disturbed by the increasing spirit is excited to the highest pitch, and the numerous appli-
of insubordination, resulting from our present system. cations for patents for valuable improvements distinguish
The plan proposed for the organisation of the seamen this age and this people from all others. The genius of
furnishes a judicious substitute for the law of September, one American has enabled our commerce to move against,
1850, abolishing corporeal punishment, and satisfactorily wind and tide, and that of another has annihilated dis-
sustains the policy of that act, under conditions well tance in the transmission of intelligence. The whole coun-
adapted to maintain the authority of a command, and the try is full of enterprise. Our common schools are diffusing
order and security of our ships. It is believed that any intelligence among the people, and our industry is fast ac-
change which proposes permanently to dispense with this cumulating the comforts and luxuries of life. This is in
mode of punishment should be preceded by a system of part owing to our peculiar position, to our fertile soil, and
enlistment which shall supply the navy with seamen of comparatively sparse population ; but much of it is also
the most meritorious class, whose good deportment and owing to the popular institutions under which we live, to
pride of character may preclude all occasion for a resort to the freedom which every man feels to engage in any useful
penalties of a harsh or degrading nature. The safety of a pursuit, according to his taste or inclination, and to the
ship and her crew is often dependent upon immediate
obedience entire confidence that his person and property will be
to a command, and the authority to enforce it protected by the laws. But whatever may be the cause of
must be equally ready. The arrest of a refractory seaman, this unparalleled growth in population, intelligence, and
in such moments, not only deprives the ship of indispens- wealth, one thing is clear—that the overnment must
able aid, but imposes a necessity for double service on keep pace with the progress of the people. It must parti-
others whose fidelity to their duties may be relied upon in cipate in their spirit of enterprise, and while it exacts obe-
such an emergency. The exposure to this increased and thence to the laws, and restrains all unauthoised invasions
arduous labour, since the passage of the act of 1850, has of the rights of neighbouring States, it should foster and
already had, to a most observable and injurious extent, the protect home industry, and lend its powerful strength to
effect of preventing the enlistment of the best seamen in the improvement of such means of intercommunication as
the navy. The plan now suggested is designed to promote are necessary to promote our internal commerce, and
a condition of service in which this objection will no strengthen the ties which bind us together as a people.
longer exist. The details of this plan may be established "It is not strange, however much it may be regretted,
in great part, if not altogether, by the Executive, under that such an exuberance of enterprise should cause some
authority of existing law ; but I have thought it proper, individuals to mistake change for progress, and the inva-
in accordance with the suggestion of the Secretary of the
Navy, to submit it to your approval. sion of the rights of others for national prowess and glory.
The former are constantly agitating for some change in the
" The enlistment of a corps of apprentices for the nava', organic law, or urging new and untried theories of human
or boys to be enlisted until they become of age, and to
be rights. The latter are ever ready to engage in any wild
employed under such regulations as the Navy Department crusade against a neighbouring people, regardless of the
may devise, as proposed in the report, I cordially approve justice of the enterprise, and without looking at the fatal
and commend to your consideration - and I also concur in consequences to ourselves and to the cause of popular
the suggestion that this system for 'the early training of government. Such expeditions, however, are often stimu-
seamen may be most usefully engrafted upon the service of hated by mercenary individuals, who expect to share the
our merchant marine,
plunder or profit of the enterprise without exposing them-
referred The other proposition of the report to which I have selves to danger, and are led on by some irresponsible
—the reorganisation of the Naval Academy—I re- foreigner who abuses the hospitality of our own Govern-
commend to your attention as a project worthy of your ment by 'seducing the young and ignorant to join in his
encouragement and support. The valuable services alread rendered by this institution entitle it to the continuance
y scheme of personal ambition or revenge, under the false
of your fostering care, and delusive pretence of extending the area of freedom.
" Your attention is respectfully called to the report of
These reprehensible aggressions but retard the true progress
of the Postmaster-General for the detailed operations of his
th our nation and tarnish its fair fame. They should,
erefore, receive the indignant frown of every good
department during the last fiscal year, from which it will
seen that the receipts from postages for that time were citizen who sincerely loves his country and takes a pride
be
its prosperity and honour.
a decrease of about 23 per cent.
- leas by $1,431,696 than for the preceding fiscal year, being in "
Our Constitution, though not perfect, is doubtless the
best that ever was formed. Therefore, let every proposi-
" This diminution is attributable to the reduction lathe tion to change it be well weighed, and, if found beneficial,
rates of postage made by the act of March 3, 1851, which cautiously adopted. Every patriot will rejoice to see its
reduction took effect at the commencement of the last authority so exerted as to advance the prosperity and
fiscal year.
"Although, in its operation during the last year, the act honour of the nation, while he will watch with jealousy
referred to has not fulfilled the predictions of its friends by any attempt to mutilate this charter of our liberties, or
pervert its powers to acts of aggression or injustice. Thus
increasing the correspondence of the country in proportion
shall conservatism and progress blend their harmonious
to the reduction of postage, I should nevertheless question action in preserving the form and spirit of the Constitu-
the policy of returning to higher rates. Experience war- tion, ard, at the same time, carry forward the great im-
rants the expectation that, as the community becomes ac- p- we-melts of the country with a rapidity and energy
customed to cheap postage, correspondence will increase. which freemen only can display.
It is believed that from this cause, and from the rapid “
growth of the country in population and business, the re- In closingthis, my last; annual communication, permit
me, fellow-citizens, to congratulate you on the prosperous
ceipts of the department must ultimately exceed its ex-
condition of our beloved country. Abroad its relations with
penses, and that the country may safely rely upon the
con- tinuance of the present cheap rate of postage, all foreign Powers are friendly, its rights,are respected, and
its high place in the family of nations cheerfully recog-
"ln former messages, I have, among other things, re- aired. At home we enjoy an amount of happiness, public
spectfully recommended to the consideration of Congress and private, which has probably never fallen to the lot of
the propriety and necessity of further legislation for the any other people. Besides affording to our own citizens
protection and punishment of foreign consuls residing in a degree of prosperity of which, on so large a scale, I know
the act of the 10th of March, 1838, to restrain unlawful
the United States ; to revive, with certain modifications,
of no other instance, our country is annually affording a
military expeditions against the inhabitants of confer- refuge and a home to multitudes, altogether without ex-
minous states or territories ; for the preservation and pro-
ample
tection from mutilation or theft of the papers, records, " W from the Old World.
We owe these blessings, under Heaven, to the happy
and archives of the nation ; for authorising the surplus Constitution and Government which were bequeathed to
revenue to be applied to the payment of the public debt in
us by our fathers, and which it is our sacred duty to trans-
advance of the time it will become due • for the establish- mit in all their integrity to our children. We must all
meat of land offices for the sale of public lands in California consider it a great distinction and privilege to have been
and the territory of Oregon ; for the construction of a road chosen by the people to bear a part in the administration
from the Mississippi valley to the Pacific Ocean ; for the of such a Government. Called by an unexpected dispensa-
establishment of a bureau of agriculture for the promotion tion to its highest trust, at a season of embarrassment and
of that interest, perhaps the most important in the coon- alarm, I entered upon its arduous duties with extreme
ry ; for the prevention of frauds upon the Government in
diffidence.
I claim only to have discharged them to the
applications for pensions and bounty lands ; for the esta- best of an humble ability, with a single eye to the public
blishment of a uniform fee bill, prescribing a specific corn- good ; and it is with devout gratitude, in retiring from
pensation for every service required of clerks, district at- office, that I leave the country in a state of peace and pro-
tonieys, and marshals ; for authorising an additional regi- sperity.
ment of mounted men, for the defence of our frontiers
against the Indians, and for fulfilling our treaty stipula-
tion with Mexico to defend her citizens against the Indians
`with equal diligence and energy as our own;' for deter-
mining the relative rank between the naval and civil
officers in our public ships, and between the officers of the
army and navy in the various grades of each ; for reorgan-
ising the naval establishment, by fixing the number of
officers in each grade, and providing for a retired list upon
reduced pay of those unfit for active duty ; for the appoint-
ment of a commission to revise the public statutes of the
United States, by arranging them in order, supplying de-
ficiencies, correcting incongruities, simplifying their lan-
guage, and reporting them to Congress for its final action ;
and for the establishment of a commission to adjudicate
and settle private claims against the United States. lam
not aware, however, that any of these subjects have been
finally acted upon by Congress. Without repeating the
reasons for legislation on these subjects which have been
assigned in former messages, I respectfully recommend
them again to your favourable consideration.
" I think it due to the several executive departments of
this Government to bear testimony to the efficiency and
integrity with which they are conducted. With all the
careful superintendence which it is possible for the heads
of these departments to exercise, still, the due administra-
tion and guardianship of the public money must very much
depend on the vigilance, intelligence, and fidelity of the
subordinate officers and clerks, and especially on those
iutrusted with the settlement and adjustment of claims and
accounts. lam gratified to believe that they have generally
performed their duties faithfully and well. They are
appointed to guard the approaches to the public treasury,
and they occupy positions that expose them to all the temp-
tations and seductions which the cupidity of speculators
and fraudulent claimants can prompt them to employ. It
will be but a wise precaution to protect the Government
against that source of mischief and corruption as far as it
Thca'le be done, by the enactment of all proper legal penalties,
laws in this respect are supposed to be defective, and I
ltherefore deem it my duty to call your attention to the sub-
eflcet4r n'ilaht° recommend that provision be made by law. for
but p
also _,.lripnt, not only of those who shall accept bribes, ,
give, to
a!nthose who shall either promise, give, or offer to
touchine, or relating
of those officers or clerks a bribe or reward
duty. relating to any matter of their official action or
' It has been the
its foundation totunifonn policy of this Government, from '
terference in the d he present day, to abstain from all in-
ornestic affairs of other nations. The
consequence has been
d that while the nations of Europe
have been engaged i
cannr.a:.ftico,lating wars, our country has pur-
sued its peaceful
piness. The wars in whicjiinexampled Prosperity and hap-
righzvse have been compelled to en-
gage, in defence of the
have been fortunately of Short and honour of the country,
rific contest of nation against nation duration. During the ter-
ch succeeded the
French Revolution we were enabledWtiy the wisdom and
firmness of President Washington to
maintain our neu-
trality. While other nations were
sweeping whirlpool we sat quiet and untravate,c this wide
own shores. While the flower of their nurneraoupon our
was wasted by disease or perished by hundreds „f thousandsland
Permitted to enjoy the blessings of peace beneath the pater-
nalw roof. While the States of Europe incurred enorm ou
debts, under the burden of which their subjects still
groans
and which must absorb no small part of the product of thZ
honest industry of those countries for generations to come,
the United States have once been enabled to exhibit the
proud spectacle of a nation free from public debt ; and if
permitted to pursue our prosperous way for a few years
,nger in peace, we may do the same again.
" But it is now said by some that this policy must be
hanged. Europe is no longer separated from us by a
vage of months, but steam navigation has brought her
within a few days' sail of our shores. We see more of her
if lisikr, loverne!lts, and take a deeper interest in her controversies.
ig,n no one proposes that we should join the frater-
.
o
0,,,....7, ., z y ..tentates who have for ages lavished the blood and
. \ . .; . d their. subjects in maintaining ' the balance of
, • , . , yet it is said that we ought to interfere between
,411)>,,a "‘s l'
~.oc? sovereigns. and their subjects for the purpose of
:1 - . 'wing the monarchies of Europe, and establishing in
i,, r 7, place republican institutions, It is alleged that we
~/VI it . ' • 11_113e tOfero pursued a different course from a sense of,
,a. ,i• '11= wiliness, but that now our conscious strength dictates'
ON ir 4 '
'-' '

*** No other Packets call at the Grays, Greenhithe, or Parfleet
Piers.

Star-office, Gravesend, December 21, 1852.

BELL'S LIFE IN LONDON will be Published
on FRIDAY, In consequence of Christmas-day falling en
Saturday.
Advertisements cannot be taken after Eight o'clock on Thursday
Night.

Office, 170, Strand,

South Australian Copper Mining Co mpany,
S , Grhs ree t
OUTH AUSTRALIAN aceehurc
COPPER MINING
COMPANY.
NOTICE IS HEREBY GIVEN, that the Committee of Manage.
ment, appointed at an Extraordinary General Meeting of the Share-
holders on the Ath inst., have Resolved as follows :-
Ist. That alt Shares in the Company be duly Registered in the
cost-book of the Company.
2d. That notice of the same be given, by public advertisement,
requiring the shares to be sent into the office of the Company for
registrat'on accordingly.
31. That a pro rata allotment of the unappropriated shares in
the Company be mad* at par in respect of every Share so sent in for
registration as aforesaid, on or before Tuesday, the 18th day of
January, 1853, but that all Shares not sent in for registration es
aforesaid on or before the said 18th day of January, be absolutely
excluded from all benefit of such allotment.
Notice is therefore Given, that ail Shareholders are requested to
send in their Shares for registration accordingly. The Committee
of Management beg to intimate to the Shareholders, that those only
who are registered will be entitled to the bonus arising from the
preminms realised on the Shares already sold, which under the au-
thority of a Meeting of the Shareholders, might be divided among
them.

Dated this 21st day of December, 1852.
17, Gracechurch Stree:, London.
By order of the Committee of Man agement,
J. THOMPSON, Chairman.
RAWL. H. ARMITAGE, Purser.

TO the SHAREHOLDERS of the AVE MA-
RI GOLD •QUARTZ MIN COMPANY.—On the 20th
September lA ast the Directors advertised that the Reports upon the
progress made at the Ave Maria Mine were at the offices for the
inspection of the Shareholders, in which it was stated, " that notwith-
standing many difficulties, the Company had obtained possession of
the sett purchased on Colonel Fremont's Mariposa property."
These reports were highly faysurable, and the Directors placed
the infield confidence in them ; but, although satisfactory, the Direc-
tors felt great anxiety as to Colonel Fremont's title to the Mariposa
property, acrd this claim being at the same time strongly contested
they were induced to consider the most prudent means of protecting
the interests of the Shareholders, and decided on procuring, if possi-
ble, a mine in operation, o, indisputable title, the auriferous value of
which had been already profitably tested. At this juncture, the Di-
rectors had offered to them an extremely rich Gold Mine (unequalled,
they believe), situated in the Nevada district, and they entered into
a conditional arrangement to secure an interest in this valuable
property. They dispatched to California without loss of time (in
the month of April last) Mr. R. C. Duke, their late Secretary,
in whose prudence and integrity they had the greatest confidence,
giving him instructions to obtain a faithful report of the Mine through
the most searching scrutiny of the Company's Mining Captain, Mr.
W. E. Gill, and several other competent miners, whose full and able
reports are here appended, as received November last, fully proving
the great richness of the Mine. By the same mail which brought
the important dispatch, the Directors received less encouraging
accounts of the Ave Maria Mine from their agent and superintendent,
dated Mariposa, 27th August, stating that the veins alluded to in
their previous reports proved not to be sufficiently auriferous to war-
rant the powerful machinety sent out per " Lyme Regis" and "Ellen
Simpson," in July last, being put upon the location.
Although the Directors have still reason to believe the sett con-
tains valuable auriferous veins, the works have been suspendel in
order to concentrate all their powerful machinery, without delay,
on the Company's new and valuable property; and thus they trust
the temporary delay will turn to the ultimate advantage of the Share-
holders, and that large profits will be made by immediately plac'ng
their heavy machinery at work on the new mine, which has during
two years been worked by manual labour only, and has produced
immense returns : the decomposed quartz being of the richest quality
known in California.
Under the arrangements made, the Company become entitled to
work one thousand five hundred feet, to be approved by the Com-
pany's agent, of the New York Mine, of which one-fourth of the
profits arising from the manual labour, from and after the 7th
December instant, is reserved to this Company.
The Directors do not deem it necessary to dwell upon the great
value of the Mine, referring the Shareholders to the able and
scientific reports annexed, and drawing their attention to the fact
of the Mine being freehold, in quiet possession, water carriage to
Marysville, and a good carriage road thence to the Mine, a distance
of thirty-five miles, and to the advantage of the miners being now
in California, in readiness to be placed on the Mine without delay.
The Directors have further to inform the Shareholders that, since
the conclusion of the negotiation, arrangements have been made,
by which the privilege of importing such quartz as that alluded to in
the report of Messrs CLAY and GILLMAN, has been secured, and a
ship, now in California, has been chsrtered to bring to this coun-
try a cargo, at a low rate. The Company has also the privilege of
sending out any additional machinery to be worked upon the
Mine.
The New York Mine is situated upon "Poor Man's Creek," Ne-
vada, extending over 6,200 feet, exclusive of the dips and angles,
through the whole of which veins of highly auriferous quartz have
been traced, proving the supply to be inexhaustible, in confirmation
of which the Directors annex copies of the reports of Mr. W. E.
Gill, Mining Engineer of this Company, Mr. Carrington, (a gentle-
man employed by the Carson Creek Company, to report upon their
property,) and Mr. C. Duke, and Mr. Andrew Smith.

By order.

124, Bishopsgate-street, London,
15th December, 1852.

C. KELLY, Secretary.

THEATRE ROYAL, HAYMARKET.
Farewell Season of Mr. Benjamin Webster as Lessee and Manager.
THIS EVENING

Will be performed the popular and highly attractive Comcdy of
MASKS AND FACES; or, Before and Behind the Curtain—by
Messrs. Benjamin Webster, Leigh Murray, Stuart, and Parselle;
Mrs. Stirling, Miss Rosa Bennett, Mrs. Leigh Murray, and Miss
Fanny Ms sk ell.
To conclude with the Farce of A CAPITAL MATCH.

THEATRE ROYAL ADELPHL
Open for the Season.
Proprietor, Mr. B. Webster.—Directress, Madame Celeste.
Last Night but Two before Christmas.
THIS EVENING,
The successful new Drama of SLAVE LIFE ; or, Uncle Tom's
Cabin—by Messrs. Alfred Wigan, Emery, 0. Smith, and Cullenford;
Madame Celeste, Miss Woolgar, Miss Collins, Miss Harding, Miss Laura Honey, and Mrs. Keeley.
After which, the admired Farce of A MODEL OF A WIFE.
To conclude with the Comic Opera of GOOD NIGHT, SIGNOR
PA N TA LON.

ROYAL PRINCESS'S THEATRE, OXFORD-STREET.
Under the Management of Mr. C. Kean.
THIS EVENING
Will be performed the new and original Play, in five acts, by West-
land Marston, Esq., entitled ANNE BLAKE. Principal characters
by Messrs. C. Kean, W. Lacy, and Addison ; Mrs. Winstanley, Mrs.
Daly, and Mrs. C. Kean.
To be followed by THE CORSICAN BROTHERS. Principal
character by Mr. C. Kean.
To conclude with A ROLAND FOR AN OLIVER. Prial
characters by Messm. Lacy, Meadows, Add'son, and Everett;
Misses J. Marston, Mash, and Leclercq.

ROYAL OLYMPIC; THEATRE.
Lessee and Manager, Mr. Farren.
THIS EVENING
Will be presented ABELARD AND HELOISE. Abelard, Mr, W. Farren, Jun.; Maximilian, Mr. Compton; Heloise, Miss H.
Gordon; Jocette, Mrs. A. Phillips.
Alter which, GO TO BED, TOM. Thomas Gotobed Smith, Mr.
Compton.
To conclude with UNCLE TOM'S CABIN. Uncle Tom, Mr.
G. Cook; George Barris, Mr. W. Farren, jun. ; Eliza, Miss Gordon.
Box-office open from Eleven till Five, under the superintendence
of Mr. Edward Chatterton.

ASTLET'S ROYAL AMPHITHEATRE.
Proprietor and Manager, Mr. W. Batty.
The greateet novelty of the season is Uncle Tom's Cabin. In consequence of the crowds unabla to obtain admission nightly,
the Grand Spectacle of Uncle Tom's Cabin will be repeated tin
further notice.
On TUESDAY, Dec. 21, and following Three Nights, the Enter-
tainments will commence with the highly popular Dramatic Spec-
tacle of UNCLE TOM'S CABIN.
To be followrvl by new scenes in the Circle by Native and Foreign
A_tVetEs of the first celebrity.
To conclude with, for the Last Four Nights, THE DEVIL TO
PAY.

"MILLARD FILLMORE,

"Washington, Dec. 6."

SUPERANNUATED APPOINTMENTS.

-
Sir Fleetwood Pellew, in a green old age, has been
appointed to the command of the naval forces acting in
the Burmese waters, or rather in the Burmese mud. He
has taken the place of Admiral Austen, an officer who
was also so advanced in life when he assumed the com-
mand, that he rapidly sank before the combined influ-
ences of a pestilential climate and a responsibility of the
most anxious kind. It is not a little difficult to discover
what kind of principle presides over such appointments,
unless it be the object of her Majesty's advisers at the
Admiralty to kill off our aged sea-officers with the utmost
possible dispatch. Something, indeed, we might venture
to urge, as far as the interests of the public are concern-
ed, against this method of clearing up the navy lists.
It is unreasonable to expect great energy from great
age. How can it be supposed that a man who has
not ' been afloat for the last thirty or forty years
can have the nerve, the decision, the tact requisite for
naval command, and that at a period when the fleet
under his orders is engaged in active hostilities ? The
censure should not be directed against the old men who
are transferred from their easy chairs to the quarter-deck
of a first-rate, but against the Government which can
be so reckless of the public interests as to sanction such
appointments. In the present case of Sir Fleetwood
Pellew, we find, on referring to the navy records, that
he has not been afloat for the last thirty-four years, and
has, of course, had no experience of the management and
manoeuvres of ships propelled by steam. The practice
at present is—and no doubt it is a very proper one—to
require of any sea officer who would take the command
of a steam-ship that he should go through a regular
course of steam-navigation. Now, it is far from our in-
tention to recommend that all our old Admirals
should be sent to school again at the age
of threescore, or thereabouts, but it is scarcely too much
to ask that they should have seen a steam squadron
afloat before they assume the vast responsibility of com-
manding such a force in the face of an enemy.
With regard to Sir Fleetwood Pellew—the son of a
gallant father—it is far from our intention to say a word
which should painfully affect his feelings or the feelings
of his friends. He entered the navy more than fifty
years ago, and at the beginning of the century he
appears to have distinguished himself. He was ga-1
zetted in the years 1806-7-11. We said that his last
appointment, which was to the Revolutionnaire, in
1818, must be referred to a period long antecedent
to the introduction of steam in the Royal Navy.
In point of fact, we should be justified in speaking of
his last service as performed in the year 1813, when, in
company with some other ships, he succeeded in cap-
turing a hostile convoy off Port D'Anzo. After this
date came four years on shore, and then four years of
summer sailing in the Mediterranean. We leave it to
the public judgment whether or no, upon such a state-
mentfnaacostwti
iaseinn te
chotolle mudhmeisam g
naSnei
dr of
might
the
ofth ie,Fleetwood Pellew is a proper person to
he placed in command of the steam-squadron now lying
rrilnaanwdedadedfd,oyrce
haves A
opynuozutzhnl
ega
dte youngers andhtea
toi
offimnco—er
re
perhvaps that is the motive of the appointment.—Times.

Doors open at Half-past Sit o'clock. Commence at Seven.
Stall., 6s ; Dre-a; Boxes, 4s. ; Upper Boxes, 38.; P.t, 2s. ; Lower
Gallery, is; Upper Gallery, 6d. Half Price at Half-past Eirsht.
ttox-oefice open daily from Eleven to Foar. Stage Manager, Mr.
W. Welt.
NOTICE. --A. New Grand Equestrian CHRISTMAS COMIC
d our
PANTOMIMEon MONDAY, December 27,, by Nelson Lee, wißoxing Nighll be producetd with great splen-
.

HIGH WATER AT LONDON BRIDGE.
is DAY --Morning 7 min. after 10 I Evening 38 min.aft. 10
Ifoßaow—Morning 8 min. after D. Evening 37 min.aft. 11

THE WEATHER.--Surr OFFICE, Dec. 21.
THERMOMETER, IN THE SHADE,
54—highest since noon yesterday.
39—lowest this morning and during the night.
47—this day, at noon.

BAROMETER, 3014.
WIND, W. by S., fine breeze, and sunshiny weather,

We noticed on Saturdathe extraordinary rise the
barometer in London. The following was the rise in
Preston, from a memorandum copied from the register
kept at the Scientific Institution in that town r
" Atmospheric pressure at noon, Friday,
Dec. 17
" Atmospheric pressure at noon, Satur-
day, Dec. 18 30'324

"Increase of pressure in 24 hours

DAILY WEATHER TABLE.

• TUESDAY, DEc. 21, 1852.
State of the wind and weather at each of the following
places at nine o'clock yesterday morning. The stations
are arranged in order of latitude.
HASTINGS—S.S.W. fresh breeze—partially cloudy.
FOLKESTONE—S.W.', fresh breeze—overcast.
TUNBRIDGE—S.W. gentle breeze—cloudless.
BASINGSTOKE—N.W., strong breeze—scud—rain.
GREENWICH—S.W., hard wind—partially cloudy.
STROOD—S.W., strong breeze—partially cloudy.
SWINDON—W., strong breeze—cloudy.
LEIGHTON—W, strong breeze—overcast.
YARMOUTH—W., gentle breeze--partially cloudy.
The returns from. the following places indicate the state
of the weather on Saturday morning at nine o'clock
LEIGHTON—N., calm—partially cloudy.
HOLYHEAD—E., gentle breeze—frosty.
LANCASTER—W., calm—cloudless.
WHITBY—N., hard wind—principally clear.
DARLINGTON—W.N.W., gentle breeze—cloudless, frost.
SNAP—N., calm—overcast.

fTHE WEATHER IN THE ATLANTIC.—The ilerma,nn
mail-packet, which reached Cowes on Sunday, from New
York, experienced the most tempestuous weather ever
known, during the last three days of her voyage. Captain
Higgins, her commander, was obliged to heave her to at
one time for 13 hours. The sea washed the stern boat to
atoms. The tempest experienced by the Hermann was also
felt by the Orinoco on the 16th inst. ; although at the time
the Orinoco was light and has hull sixty feet high, the sea i
beat over her stern, While bowsprit was under water,

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 21, 1R 52.
CHRISTMAS.

GRAVESEND STAR PACKETS will Leave
the BRUNSWICK WHARF, Blackwall, on the arrival of the
following Trains from the Feachurch-street Terminus:--at 9%, 11,
24; Terrace Pier, Gravesend, at 8%, 11%, 1%.
N.B.—A PACKET will Leave the TERRACE PIER on
CHRISTMAS-EVE, at FIVE Pin.

went.

Everything considered, the eulogiums
pronounced by the " coming men" upon the most
prominent, if not the most gifted of their antago-
nists, bore the aspect• at least of magnanimity.
Referring to the EX-CHANCELLOR of the EXCHEQUER,
Lord JOHN RUSSELL observed :—" I can only say
for myself, I admire the ability and talent the
Right Hon. Gentleman displayed on the part of the
Government, and on behalf of their cause, and
the struggle in which he has been for some time
engaged ;" while Sir JAMES GRAHAM remarked—
" I have never failed to admire the talents of the
Right Hon. Gentleman, and the signal ability with
which, under great difficulties, he has conducted
the course of Government in this House." In a
somewhat kindred spirit Mr. HUME spoke of the
facilities afforded by the late Cabinet in the way
of supplying whateverinformation had been desired,
adding, upon his own experience--" I have met
with civility in every department." Naturally
enough the expressions which fell from the lips
of Mr. CAYLEY were rather more fervent than
those of the preceding panegyrists. Speaking of
the late Leader of the House of Commons, he
declared that " He entered the Cabinet with a
high reputation, and he goes out of office with
that reputation not only untarnished, but in-
creased greatly in the estimation of his country-
men"—an opinion which must have fallen grate-
fully upon the ears of the Right Hon. Gentleman
the ex- CHANCELLOR of the EXCHEQUER, coming as
it did from one who, in his personal capacity
scarcely less than in his position as the Member
for the North Riding of Yorkshire, is universally
recognised as one of the most important re-
presentatives in the interests of the agricul-
turists. Meanwhile, the Noble Earl the
Leader of the defeated Ministry was pronouncing
in the House of Lords his authoritative eulo-
glum upon the Administrators who had avowed
official allegiance to him from February to
December as the chieftain of the Tory-Reforming
Government. Nothing—and we say this as the
dispassionate sympathisers with Liberalism—no-
thing could have been more worthy of the orator, or
more satisfactory to the subjects of his very ear-
nest encomiums than the reference made, in the
course of that remarkable speech, to the eminent
and peculiar merits of several of the more import-
ant members of the late Administration. It was
a speech, constituting not so much a direct com-
mendation of his more noteable colleagues indivi-
dually, as an indirect, and, to a great extent, a
singularly successful vindication of the past acts
and general policy of the departed Government.
Especially and peculiarly may this be said in allu-
sion to the remarks made by the EX-PREMIER upon
the conduct of the ex-Foreign Secretary—the Earl
of MAL3IESBURY. " Our foreign relations," said
the Noble Earl, " are on a far more friendly and
satisfactory footing than they were when my
Noble Friend near me, the Foreign Secretary,
assumed his office ; and I rejoice at having this
opportunity of bearing my testimony to the merits
of one than whom no one has been more unspar-
ingly and more unjustly maligned than my Noble
Friend, and to state that, from first to last, I have
had no cause for anything but self-congratulation
in having obtained the services of one who, with-
out previous political experience, has brought to
bear diligence, ability, and good judgment upon
affairs of great difficulty, which have reflected the
very highest credit upon himself, and which, I
may say without fear of contradiction, have ex-
torted the applause and admiration of old and
experienced diplomatists, against whose views and
wishes he more than once combated." A splen-
did, and, in several particulars, eminently well-
deserved panegyric upon the energy, the
activity, the patriotism, the tact, and the
determination displayed by Lord XLI.LRESBURY
upon more than one occasion, and that, too,
sometimes under very trying and momentous cir-
cumstances ! Turning from the Foreign-office to
the Court of Chancery, turning from the SECRE-
TARY Of STATE to the LORD CHANCELLOR, the
ex-PRIME MINISTER said :—" My Lords, if we
look to the department of the law, we shall see
that greater improvements and greater reforms
have taken place in that department within the
last twelve months than had taken place for many
previous years—reforms, the magnitude and im-
portance of which have been freely acknowledged
by both sides, and for which the Government and
the country are indebted to the unwearied zeal, the
untiring assiduity, the distinguished talent, and
pround professional knowledge of my Noble
and Learned Friend on the woolsack, who,
when he shall leave office, it will be difficult
for any Government to find a successor that
will not give rise to regret he has quitted it."
Assuredly an eulogium the correctness of which
no one will have either the ingratitude or the
' temerity to gainsay. Whatever we may think
of their previous antagonism to Free Trade (an
antagonism which they have now at length and
for ever abandoned) ; however much we may re-
gret their lack of sympathy for the political aspi-
I rations of the multitude (a lack of sympathy which
they have virtually compensated for by their active
and undeniable efforts at reform)--it would be
unjust and ungenerous not to subscribe in the
fullest extent to the accuracy of such tributes as
the foregoing; offered to his colleagues by a states-
man like the Earl of DERBY, at the moment when
he is announcing to the country, through the Par-
liament, the fact of his Ministerial resignation.
Another portion of the ex-Pnzmun's speech of
last evening, we would here, moreover, particula-
rise with the utmost possible distinctness. It is
that portion which had reference to the
measures adopted by the Legislature in compli-
ance with the suggestions of his Cabinet--mea-
sures affecting the national defences of the country
—measures, let us add, which would alone of
themselves suffice to shed some degree of lustre
upon this Tory-Reforming Government. Alluding
to the circumstance of his Ministry having already
carried those military and maritime improvements
into effect, and speakiag of them, moreover, with
justifiable pride and really enviable satisfaction,
the Noble Earl expressed his earnest hope in their
regard as follows :--(` I trust," said he, " those
great elements of self-defence which we have suc-
cessfully called into operation will not be ne-
glectedthe completion of that constitu-
mtheyMilitia, and the increase of that
tiona force,— namely,
naval force on which primarily and in the
first instance the safety and the honour of
this country depend." Mark that ! The Earl
of DERBY has spoken of our naval force
as the force " 071, which primarily and
in the first instance, the safety and the honour of
this country depend." It is precisely what we our-
selves have insisted upon for years past—a truth
now recognised by one of the foremost statesmen
of the age, and proclaimed from his place in the
Upper branch of the Imperial Legislature. Let
his successors profit by the avowal. Let the Earl
of ABERDEEN--if it must needs be the Earl of
ABERDEEN who is to be thrust upon the nation
as Prime Minister—let " Athenian ABERDEEN,"
" that dear ABERDEEN," " that excellent ABER-
DEEN," remember that truth of vital import,
while he is actually in the process of making
his Ministerial arrangements. Rumours are
afloat to the effect, that Mr. SIDNEY HERBERT is
to be placed at the head of the Board of Ad-
miralty. What another civilian—presiding over
the destinies of the Royal Navy of England !
Suppose a similar announcement were made in
regard to the Army—suppose it were intimated
that Mr. SIDNEY HERBERT is to be placed at the
head of the Horse Guards ! What would
our soldiers think ? And are our sailors
of no account ? Hadn't we enough of Sir
FRANCIS BARING ? Is not the country sick of
seeing these civilians in supreme command at the
Admiralty ? We by no means disparage the
abilities of Mr. SIDNEY HERBERT. We believe
him to be a very able and efficient
Administrator. But we think he would more fitly
be in place anywhere than at the head of the
Marßime Department. No : we would see sol-
diers commanded by soldiers—sailors commanded
by sailors. It is intimated, in some quarters, that
Viscount HARDINGE is to continue at his post as
Commander-in-Chief, notwithstanding the change
of Administration. Then, why not have the
Board of Admiralty still presided over by
the Duke of NORTITUMBERL AND ? If that
be impossible, why not, instead /of nam-

ing Mr. SIDNEY HERBERT his Grace's succes-
sor, place Mr. SIDNEY HERBERT at the head of
some other department, and give the direction of
the Board of Admiralty to an illustrious man like
the heroic Earl of DUNDONALD ? Are there not
other distinguished members of the service
capable of presiding over its fortunes with
honour to themselves and advantage to the
country ? Is there not, for example, such
a man in existence as Sir CHARLES NAPIER,
the victor in the Tagus, and the conqueror
at Acre ? And would not individuals thus
eminent in their professions, and renowned
for their brilliant achievements, be more qualified
to conduct the affairs of the Admiralty than
your mere civilian and red• tapist ? We are
chagrined at having still to make the inquiry--
as chagrined as your Salt-water JACK must be to
see some black-coated Administrator lording it
among the naval uniforms in our dockyards !
Briefly, in this, as in many other instances, it
would be well for the country if the Whig-Peelites
took a leaf out of the book of the Tory Reformers
—if the new ABERDEEN Administration took a
hint from the late DERBY Governmeftt.

What will be done with respect to the renewal
of the Property and Income Tax ? That point
must speedily be disposed of. The impost will
expire at the termination of the financial year, on
the sth day of April next. Five millions and a
half will thus be lost to the Exchequer, unless the
charge be renewed, or a suitable substitute pro-
vided. The Legislature has unequivocally de-
clared itself against any addition to indirect taxa-
tion. The amendment proposed by Lord PAL-
MERSTON to Mr. VILLIERS'S resolution, and carried
by an overwhelming majority against the 53 dis-
sentients, is conclusive on that subject. The
division of Friday morning will also prevent any
tampering with the House Duties by those who
rejected the first resolution, and thus refused their
assent either to an increase of the rates, or any ex-
tension of the area of taxation. Something in the
shape of a Property Tax must then be brought
forward ; and the only question is, what will be
the nature of the new measure. We strongly
suspect, that the envenomed shirt of NESSUS was
not a more fatal bequest-to his -Conqueror than
the unsettled Income Tax will prove to the new
Cabinet.

It must be renewed. But in what form ? The
answer to the interrogatory is of vital importance.
The welfare and prosperity of the country, the
' contentment of the industrious classes greatly depend
on the answer. We believe that the Representa-
tives of the people will not consent to a renewal
of the tax in its present unjust, unequal, and
oppressive form, without change or modification of
some kind, recognising the distinction between
permanent and precarious income. The Libe-
ral party, whose opinions are represented
by Messrs. HUME and COBDEN, are solemnly
pledged to obtain justice—or, at least, some ap-
proximation towards justice—for the industrious
classes ; to resist, toto ccelo, the equal taxation of
all descriptions of income, without reference to the
sources from whence it may be derived. The only
objection to the proposition of Mr. DISRAELI, on
this topic, was that it did not go far enough. The
amendment of Mr. Hums, whose efficient exer-
tions on the Select Committee were beyond all
praise, proceeded on that assumption. A large
proportion of the more immediate followers of
Lord JOHN RUSSELL entertained similar opinions.
It was the obstinate refusal of Sir CHARLES WOOD
to listen to the voice of public opinion on this par-
ticular topic that led to the secession of many of his
supporters, and the ultimate dissolution of the Whig
Ministry. If, then, a large proportion of the ma-
jority which, by refusing its assent to the finan-
cial scheme compelled the resignation of theDEHBY
Administration, agree with the minority on the
justice and expediency of distributing the burden
more fairly on those by whom it is to be sustained,
it is manifest that no Cabinet, based on a perti-
nacious resistance to that salutary principle, can
hope for a long continuance in office.
It is our anxious desire to show every degree
of fair-play to the Ministry. We did so to the
DERBY Government, even before they had fully
and completely shaken off the slough of Protec-
tion, and we shall do so to any Administration
that may be honoured with the Royal confidence,
until they bring forward propositions not calculated
to promote the welfare and prosperity of the
country. " Measures, not men " has been, and
ever shall be, our guiding principle, and by that
we shall continue to be guided. We, therefore,
deem it our duty emphatically to caution the
Leaders of the new Cabinet against a per-
verse and obstinate determination to maintain
the existing system. If they do so, it must prove
a stumbling-block in their path—an insuperable
obstacle to their retention of office. We repeat,
what we have frequently and advisedly put for-
ward, that the strength and permanency of any
Government must chiefly depend on its fiscal policy.
The public attention has been strongly directed
to that quarter ; and, although considerable in-
terest is also naturally felt with respect to ques-
tions of Parliamentary, legal, sanitary, educa-
tional, colonial, ecclesiastical, and other reforms,
there are none of deeper or more vital importance
than those affecting the collection of the public
revenue ; or, in other words, the matters which
fall especially within the department of the CHAN-
CELLOR of the EXCHEQUER.
-Now we confess that we listened with consider-
able alarm to the opinions expressed during the
late debate by three Right Honourable Gen-
tlemen, who will naturally assume prominent
positions in any Administration that may be
formed under the presidency of Lord ABERDEEN.
We willingly acknowiete the vast practical ex-
perience and great administrative talents of
GRAHAM, GLADSTONE, and GOULBURN, and the
effect of the presJige a 2; to the most cher-
ished colleagues of the lamented Statesman whose
name has become a household wo::d in English
families by English hearths. Wh-e the name of
" PERT," is respec'xd and reverenced in every lo-
cality throughout the length and breadth of the
land, considerable indulgence will be extended to
his principal followers, who retained the opinions
and vindicated the memory of their distinguished
leader. But there is a poin's; beyond which indul-
gence cannot be extended. If they refuse to
listen to the voice of public opinion-4o accord
that which is a matter of simple justice—which is
alike demanded by equity and expediency—they
must abide the consequences. Even their names
cannot avert the hostility of those whose principle
it is to look to "measures " rather than to
" men."
If there is anything on which the mind of the
community is firmly set, it is the extension of the
principle of direct taxation on an equitable basis,
and the gradual removal of the indirect imposts
by which industry is unfairly clogged and restrict-
ed, and which cost far more to the consumers
than finds its way into the public purse. Sir
JAMES GRAHAM,
,however, expressed himself
strongly opposed to any measure of direct taxation,
except in the time of war--::hat it should be
expressly reserved for a period when we were
opposed to some great European Power—for an
extraordinary emergency, and to terminate with
the crisis to which it owed its existence. On the
other hand, Messrs. GLADSTONE and GOULBURN
objected—and that in the most energetic terms--
to any modification of the existing system, which
would look to the source from whence income was
obtained. It is therefore our duty, even before the
Ministerial arrangements are finally completed, to
direct attention to this subject of primary im-
portance, on which the fate of the future Adminis-
tration must greatly depend. It may induce the
Righ Hon. Gentlemen to Whom we have alluded
to modify their opinions while there is yet time,
and. not to act on views which, if attempted to be
carried into practical operation, must lead to the
destruction of the forthcoming Administration ;
or, at least, to the serious damage which must at-
tend the abandonment of propositions deliberately
put forward—a damage and disgrace that the
DERBY Government surrendered office rather than ,
submit to,

The trial and condemnation of Mr. KIRWAN
suggest some very serious questions respecting
trials involving capital punish.ment. We have

none of that injudicious sympathy with the crimi-
nal which would endanger the lives of numerous
innocent persons, either by acquitting in the teeth
of the strongest circumstantial evidence, or by
laying hold of some technical informality in the
indictment. A jury or a judge who do this are
answerable for all the blood shed afterwards by
the human tiger whom they liberate amongst
the defenceless and unsuspecting. Neither can
we share the views of those who think capital
punishments inconsistent with the Christian faith.
If so, the Apostle PAUL set a very wrong example
when he declared that he refused not to die if he
had done anything worthy of death : and taught
unchristian views of the Ruler's duty when he as-
serted that he was " Goes minister for good, not
bearing the sword in vain, for he is the minister
of GoD, a revenger to execute wrath upon him that
doeth evil." We think that the man who has
proved himself dangerous to the lives of his fellow-
men has forfeited his right to liberty, and
that he who has actually taken another's life
has no claim to retain his own. We are met,
however, by religious considerations, on the awful
accountability of sending into eternity a man so
obviously unprepared to enter it ; but, if the
man be at large, how many more may he send
thither without a moment's warning ? One wretch
we have heard of, in South Wales, who escaped
through some technical defect in the evidence, if
we remember right, when executed at last for
another murder, confessed it was the rinth he had
committed since his acquittal, all sent quite sud-
denly into eternity. We remember also that a
Governor of Malta, finding murders among the
soldiers becoming frequent, and that the murderers
appeared satisfied with the priest's absolution, de-
termined that the next time he would allow no
confession and absolution. The culprit begged
hard for a priest. " No," was the inexorable re-
ply ; " you sent your victim unshrived into
eternity, and you shall go there unshrived
yourself." The murders ceased from that time.
Neither in Scripture, therefore, nor in the
dictates of justice and humanity, can we
find that the murderer has any claim to
his life. On the other hand, we differ
quite as much from those who would find
in Scripture reasons binding us to execute the
murderer, whether we think it for the good and
safety of society or not. We are not to be bound
in the nineteenth century after CHRIST by laws
given to a nomadic patriarch, four-and-twenty cen-
turies before CHRIST. No ; we hold ourselves
quite free to deal with the murderer in the way
we think most likely to repress the crime of mur-
der. To hang him if it will most effectually deter
others ; to imprison him for life, if that be found
fo render life more sacred in the eyes of those who
might be likely to commit the crime.
Now, we will freely own that we think the
arguments of those who plead for life-imprison-
ment very strong. To a great many of the bru-
tal Led, animalised minds capable of murder, the
idea of confinement, to a large extent, of course,
solitary, combined with deprivation of their accus-
tomed low and sensual enjoyments, would be more
terrible than death itself. Then the cessation of
the sight or spectacle of judicial killing, which is
of course manslaying, would deprive the
spectators of the suggestion of manslaying.
And nothing is more certain than the mys-
terious tendency in many minds, especially
amongst the uneducated and excitable, to repeat
any horrible, awful, or extravagant act which they
have witnessed. The comparative certainty ,of
conviction, too, when juries were aware that irre-
vocable, as well as awful punishment, did not
depend upon their verdict, would, and must have,
a most beneficial effect. Theorists may argue that
a jury have but to keep to their oath, and that
they are not responsible for the consequences ;
fact, however, shows that men whose word no one
would doubt, will violate an oath rather than
have even the innocent share of a true verdict in
depriving an undoubted murderer of life. Much
more will most men magnify very small defects in
evidence into ground for an acquittal. With such
facts as these in their favour, those who would
abolish capital punishment, even for murder, and
who expect thereby to diminish the number of
murders, have a strong case in their favour.
It does no'.; appear, however, that they yet carry
the majority of the community any more than a
majority in Parliament with them, while it is,
nevertheless, notorious that many murderers do
escape, who would not were the punishment not
irremediable in case of mistake. It is this single
circumstance which interferes with almost any
one's self-possession in a capital case. It is known
that, where the circumstantial evidence has been
the strongest conceivable, the person executed
upon the strength of it has proved to be perfectly
innocent. Hence every juror feels that he may
himself by possibility be instrumental, by his
verdict, in what is really a most painful murder.
He cannot think there is reasonable doubt, per-
haps, in the case before him ; yet so other jurors
have thought, and, by acting on their thought,
have agonised their minds in after years by the
recollection of their innocent victim. If, then,
the community does not see its way clear to abolish
capital punishment, can nothing be done to remedy
its admitted evils ? Mr. DICKENS made an earnest
appeal to Lord JOHN RUSSELL to render executions
private ; a practice adopted in some of the States
of America, and of the Continent of Europe.
This would, of course, put a stop to the dreadful
scenes of every kind attendant on public executions,
but would not lessen the tendency of jurors to
acquit, if possible, in trials for murder.
We venture to suggest the desirableness of
giving the jury, in every trial for murder, a
double form of verdict ; that they should be
allowed to record in their verdict the nature of
the evidence; that they should declare the ac-
cused " guilty on ocular testimony," or " guilty
on circumstantial evidence," and that in the latter
case life, of course, should not be taken, but per-
petual imprisonment be the certain punishment,
without discretion on the part of the Judge—
leaving, however, inviolate the Sovereign's right
to pardon. The effect, surely, must be to dispose
prosecutor, judge, and jury to weigh Without
apprehension all purely circumstantial evidence,
and not to be looking out for some loophole in
the evidence through which a guilty man
might escape. We can hardly conceive
a much stronger case of circumstantial evidence
than KIRWAN'S. The impossibility of any one
else being on the island ; the cries heard being in-
compatible with suicide ; the clothes being found
after KIRWA /*I had returned to the men, in a place
where they swore they had searched before ; and
then the adequate motive, his consciousness of hav-
ing grossly wronged a beautiful young woman for
twelve years, certainly present as strong a com-
bination of circumstances as we can well conceive
of to prove his guilt. Yet there remains the bare
possibility of her having committed suicide. Some
minor incidents were indeed incongruous with it ;
it might have been expected especially that she
would have done so in her ordinary dress, more
clearly to show that cruelty and grief had driven
her to it. Accidental drowning seems moss un-
likely of all ; the bare possibility of suicide, how-
ever, does remain, and we doubt not that it was
a trying doubt to some of the jurors. Perhaps
some jurors would even have considered the case
not sufficiently proved. The course we have sug-
gested would have prevented even the hazard of
an acquittal.
No doubt, we shall be told that evidence has
the same ...value and force whatever the results
may be. It is sufficient or insufficient to convict,
whether the conviction be followed by death or
by a trivial fine. No doubt it is. So evidence
may be sufficient to show a venture to be a good
one, whether you would gain or lose Si. by it or
5,000/. Yet no one would make the venture in
one case on the same evidence that he would in
the other. Still less would he do so were his li-
berty or his life at stake. It is no more use to
oppose legal theorising to people's intuitive per-
ceptions in this matter than for Mr. GLADSTONE
to oppose his mathematical theory of the Income
Tax to the intuitive perceptions of men of common
sense, and the practical habits of the actuaries.
We throw out the above suggestion with not a little
confidence, that, in practice, it would be found to
work well. Letters in our columns prove that
some intelligent persons would have ranuik
from