The Sun.
London, England, 1864-02-04 00:00:00

'Z'.4,l
•

LONDON, THURSDAY, FEB. 4, 1864.

As we remarked by anticipation a few days
since, this session of Parliament for 1864 opens
under circumstances almost unparalleled. A
European war actually commenced! News cf
Battle coming to us from the banks of Eider—
where are arrayed against each other in deadly
conflict the troops of Denmark on the one side,
and, on the other, the banded soldiers of Austria
and of Prussia, the invading armies, in fact, of the
two chief Powers of the Germanic Confederetion
Although our own soldiers have not been thereupon
the foughten field of Missunde—upon the one hand,
as the royal chief of the victorious Danes, Eng-
land recognises not only CHRISTIAN IX., the
patriotic King of DENMARK, but, in his person,
also, the sire of our beloved Princess, nearer and
dearer now than ever to the heart of England, as
the mother of the heir of the Heir Apparent to the
Crown of these Realms. And yet—while our
thoughts fly thus in instant sympathy to the Bile of
the Danes, as viewing in them not only a race akin
to our own, but the vindicators just now of the
imperilled rights of Denmark, and, beyond that
even, it may be, the stability of the whole fabric of
Danish independence—we are principally conscious,
meanwhile, that there are, in truth, also dynastic
reasons for our not looking with unperturbed
satisfaction at the result of the recent conflict
before Missunde. Reasons indicated pretty plainly,
as it happens, by one most significant,announcement
among the telegrams received from the seat of war
this very afternoon. That announcement being, as
will doubtless here be instantly conjectured, the
wounding of a:Prince of.Pltussia : not, it is true, of
the Prince of PRUSSIA, Her BRITANNIC MAJESTY'S
son-in-law, but of a member of his Royal House,
the Prince FREDERIC CHARLES ALEXANDER. And
it is in the very midst of this just beginning war upon
the European Continent that Parliament has this
afternoon assembled again, down at Westminster.
It may safely enough be asserted, and asserted in
truth with perfect confidence that never once before
this day's Royal Speech was delivered by Commission,
has there been a Speech from the Throne so entirely
Delphic in its character. The Royal Speech has
often before now—has, indeed, it may be said
mostly before now—been enigmatical as any riddle
of the Sphinx. But never—certainly not within
our own recollection has the utterance either by
the lips of the SOVEREIGN, or in the name of the
SOVEREIGN, been so entirely and completely
enigmatical from first to last. Scanning it, how-
ever closely, it is a matter of absolute impossibi-
lity to learn from any syllable in it whether
Abroad we are to have War or Peace—whether At
Home we are to have the smallest further modicum
of Reform of any kind, or the smallest further doling
out of additional boons in the way of Retrench-
ment. The War now afoot between Denmark and
Germany is clouded over with a very haze of words.
The Measures about to be submitted to the Legisla-
ture are vaguely spoken of in the plural in terms of
the most studied generality. As to A Policy of any
description, it remains to this moment entirely invi-
sible. What Ministers are going to do—even if
they are going to do anything—we know not, we
cannot even conjecture. The Administrative future
was indefinite befo.'e to-day—it is rendered if pos-
sible stiti more so now that the Programme (ye
Gods!) has been delivered this afternoon by the
Royal Commissioners in the name of her most gra-
cious MAJESTY. And this—byway of inaugurating
what will prove, nevertheless, we believe (and small
thanks to the Cabinet when events shall demon-
strate it to be as here predicated), in some respects
one of the most momentous sessions of the Legis-
lature since the date of the accession of VICTORIA
to the throne of England.

The TOWNLEY case seems destined to establish a
precedent, so far as warning goes, in the future con-
duct of the authorities with regard to those crimi-
nals chargqd with murder, and concerning whose

sanity or insanity such doubts are entertained and
such suspicions engendered. The last intelligence
on the subject is most important, and will doubt-
less afford considerable satisfaction to those who
have all along been indignant at the lax and un-
business-like fashion in which the whole case has
been managed. It was an unfortunate coincidence
that the case of WRIGHT should have occurred
when it did, since many have been led to believe,
and some have boldly avowed, that justice appears
under different aspects to the rich and the poor.
The conduct of WRIGHT'S trial was most precipi-
tately arranged ; but there is no reason to declare
that be was not guilty. In the instance of TOWN-
LEY, however, there were cogent and weighty rea-
sons for questioning the decision arrived at, and
deprecating the course pursued by all who
took an active part in the affair. The
present decision of Sir GEORGE GREY to
ignore the previous declaration of lunacy, and sub-
ject the prisoner to penal servitude for life, is a very
excellent act, and it is to be hoped that it will be
received in a right spirit. Under the circumstances
no better arrangement could have been come to, for
it would be of course impossible now to carry into
execution the extreme penalty of the law, and at
the same time to leave things in statu quo would be
a prostitution of justice. While, however, com-
mending this resolution arrived at by the Home
Secretary, it niust be remarked that this solution is
but a dexterous contrivance to be extricated from
a difficulty which ought never to have occurred, and
that the last paragraph of the commission sent to
the visiting justices of Derby is only an avowal
which makes a virtue of necessity. It is not the
wisdom of the Cabinet, the astuteness of the law
officers of the Crown, nor yet the skilled intelligence
or practical experience of the Home Secretary, that
has discovered the urgent necessity and the vital
consequence of a change of the features of the act
" under which the certificates of insanity in this case
were given." It is the indignant expression of
popular opinion, the public censure that has been
affixed to the whole transactions that related to the
case lof the Derbyshire murder, that has called
forth the change and given rise to the alteration.
Therefore the declaration of suggesting a change
comes all too late to do honour to the perspicacity
of our rulers, or to save their reputation for fore-
thought, skill, or judgment. There was no reason
why Sir G. GREY should have lent so willing an
ear to the representations of the magistrates regard-
ing the supposed lunacy of the criminal. A due
inquiry should have been instituted. Why were
not the gentlemen whose names appear now at the
end of the inquiry, then engaged to make assurance
doubly sure, and to expose the errors and certify
the blunders into which well meaning but most mis-
guided individuals had fallen in respect to the im-
portant fact of the responsibility of the condemned
criminal ? The truth is that negligence,
over consideration, and most mistaken notions
prevailed. They have sufficed to create a
state of things which must not again be
suffered to occur. The majesty of the law,
the cause of justice, and the sacred claims
of honour demand imperatively that the truth be
at all times avowed in a case of this kind. There
must be no mistakes, and more thah that there must
be deep research, accurate testimony, and sound
judgment employed to guard against the possi-
bility of such an anomaly again occurring as that
which has just now caused our Secretary of State
for the Home Department to waver in this way,
and vacillate after the fashion which the last few
weeks have recorded. The fact is that this
TOWNLEY case has been a great blunder through-
out, and adds another to the long list of offences,
grievances, and short-comings with which the
present Ministers must face Parliament. Seldom
have a Government appeared, at the opening of
a Session, with such a sombre catalogue of charges
arrayed against them ; but this one in particular,
which now forms one of the chief topics of the
day, as regards home questions, is of great
importance, and must not be thrust aside, or
slurred over, because foreign affairs of moment en-
gage the attention of our legislators. There is a
time for all things, and no one in public or private
matters ever succeeds better in great undertakings
because he neglects the smaller or more trivial
ones. Not that this subject of criminal procedure
is at all a trifling one, but some may rack it as
secondary to questions which concern events that
in future generations will rank foremost in the
pages of history. It is to be considered whether
we can discuss a more solemn thing than the right
disposal of those unhappy men who are charged
with the gravest offence of which man can be
guilty. As the law is at present constituted, or at
11 events carried out, we seem to waver and alter-
nate between the unseemly haste with which we
hurry on the immortal soul, unfitted to die, all
unprepared, into the presence of its Maker, to await
the audit of the final judgment, or else there come
the conflicting claims, the twofold arguments, and
the complicated asseverations to prove guilt guilt-
less, which end in the defeat of justice, the unfair
treatment of the prisoner, and the general confusion
of ideas which cause the whole affair to become a
byword and a reproach. All that appertains to
the carrying out of sentences, and the execution
of the law concerning criminals charged with mur-
der must be entirely changed, and the footing on
which it is based be of so solid a structure that
mistakes may be of unfrequent occurrence, and
errors impossible.

The latest intelligence received from Shanghai
fully confirms the account which hal. reached us in
telegraphic outline of the treachery and cruelty of
the Futai and his MCI], and of the rupture between
him and Major GORDON consequent upon events
attending the surrender of Soochow. Matters indeed
have reached such a crisis as to render the imme-
diate withdrawal of Major GORDON'S services from
the Imperial cause a very probable occurrence;
while the glaring breach of faith and deliberate in-
sult to a British officer on the part of the Futai and
his fellows have called forth an emphatic protest
from the whole body of foreign consuls. It appears
that the rebels, who were holding Soochow, were
much disheartened by their defeat in the attempt
to repulse Major GORDON'S attack on the earth-
works at the eastern side at the close of November
last. CHUNG-WANG, whose palace is within the
city, called a council of the Wangs, or chiefs, and
proposed to surrender not only Soochow but all
other cities held' by the rebels in the province of
Kiang•su, Most of the councilors agreed with him ;
but there was one important dissentient—AlowANG,
the commandant a! Soochow. He declared he
was able to hold a e city although the entire
works were captured, cud his determination pre-
vailing the assembly part °d• Whether the com-
mander could have carried'. cat his promise under
the assault of disciplined troops led on by an
English officer, may very w roll be doubted, but he
Was not put to the test. ( 3IIUNG WANG left the
city the very night on pret, 3nce of getting rein-
forcements, but he took his troops with him and
returned no more. MO-WAN O still remained firm,
but one of the other chiefs 01 lened communication
with GORDON and the Imper ialist General with
a view to the surrender of th e city. Before this
was arranged, however, anotl ler council of the
Wangs was called, at which, t after a stormy dis-