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

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TlMES.—Although it is impossible not to look
with sympathy on the efforts of the Danes to defend
their country, and not to admire the courage they
have shown in the first conflicts of the war, we re-
ceive with pain the news that blood has been shed.
The attack on Missunde may prove the opening of a
calamitous period, and at some future time, when the
evils deduced from it are recognised, the sorrow may
be all the deeper from the knowledge that the act
was wholly unnecessary. We mourn a single battle
like that of Toulouse, which was fought after peace
was decided; but what are we to say to a campaign
which is demonstrably and without contradiction
unnecessary, which is actually begun after the whole
object of the expedition is gained ? It is now known
that the British Government a few days since made
to the two German powers a proposition which der
prived them of every possible ground for hostilities.
Austria and Prussia took up arms to obtain the re-
peal of the November Constitution and the fulfil-
ment of the engagements of 1852. Denmark at
the instances of friendly States promised to com-
ply as soon as the proper forms could be gone
through; and the King gave a proof of his sin-
cerity by convoking the Rigsraad even when the
allies were on the point of passing the Eider.
As, however, they refused to trust the Royal
word and affected to think that Denmark only
wished to gain time, England offered to guarantee
the fulfilment of the required conditions, and to em-
body the German principles as to the government of
Schleswig-Holstein in a Protocol to be signed by
the signatories of the Treaty of 1852. When,
therefore, the troops of the two Powers passed the
Eider the Governments knew that all they de-
manded had been conceded, and not only conceded,
but guaranteed by a first-rate Power, which had
been the chief adviser of Denmark and possessed
the power of enforcing its own opinions. Can it
be said, then, that the war on which they have
entered is other than a useless carnage ? These two
great States have been hurrying northward their
powerful armies ; they have broken the peace of
Europe, and excited the hopes of the revolutionary,
the ambitious, and the turbulent all over the Conti-
nent,and all without any ostensible purpose whatever.
It must be alleged against them, either that their
designs are such as they have not yet ventured to
avow, or that they are guilty of the great political
crime of making war without even the decency of
a pretext in order to stand well with the warlike
section of the German people. They will be here-
after judged severely, whatever may be their mo-
tives, and whatever may be the consequences of the
campaign. If in defiance of their explanations and
promises they attempt either to separate Schleswig
from Denmark or to transfer the sovereignty of the
Duchies to the Prince of Augustenburg, they will
stand before the world guilty of adding deception
to the breach of their treaty engagements. They
are not only bound to respect the succession as
settled on the present King of Denmark, but they,
have officially and repeatedly declared that they ac-
cept that obligation and have no intention to violate
it. But even though they should refrain from that
great wrong they will have much to answer for both
before the German people and neutral nations.
With their eyes open, and seeing plainly that after
the campaign they would have to do what could as
easily have been done before it, they have invaded a
neighbouring State where there was not the smallest
disturbance which might seem to invite them ; they
have attacked the army of a nation which has given
them no offence that it is not ready to retract, and
they threaten to pursue their enterprise until the
King's forces are driven from a province to which
they formally acknowledged his right. It is in
this unnecessary and criminal invasion that the
battle of Missunde takes place, a battle that ap-
pears likely to be only the prelude to more serious
encounters. If the Danes resist with anything of
the spirit which marked the former war, they will
not be driven from their present strong positions
without sharp fighting. A force of 35,000 men
on such a line as the Danes hold, though it may
not be able to maintain itself permanently against
an army which may shortly amount to three
times its number, will assuredly, if well handled,
inflict serious losses on its assailants. The late

Conflict will probably prove to be but a skirmish
in comparison with the battles which will be neces-
sary to dislodge the Danes from the country to the
south of Schleswig. Even the Prussians, who have
retired to Eckerniorde from the scene of Tuesday's
encounter, seem disposed to give credit to their
enemy for no little determination. In the attack
on Missunde it appears that Prince Frederick
Charles employed 74 guns—certainly a powerful
artillery against any position, and the result of the
day's engagement is, we learn, that, in the Prince's
opinion, the Danes will oppose serious resistance to
the Austrian and Prussian advance. Most people
will agree with the Prussian Prince, and regret
that the combined weakness and obstinacy of his
Government have carried the leading German States
into a war from which to honour can come from
victory, while defeat will bring danger and humi-
liation. It will be the duty of Lord Russell this
evening to lay before the country an account of the
negotiations which have employed the last two
months. Though marked by immediate failure,
there is no reason to despair that our policy will be
effective. We have defended the positive law of
Europe and the provisions of a treaty to which we
were a party. We have done all that peaceful
efforts could accomplish to deliver the Duchies from
war, and we have succeeded in placing Prussia and
Austria hopelessly in the wrong by taking from
them every pretext for their acts. The result of
the mediation of England is that the Danes have
yielded everything which the most ardent Germans
required three months ago, that, instead of being
driven from Holstein, they have left it of their own
accord, and now allow the world to perceive the
bad faith of the German Confederation, which has
taken advantage of their absence to protect the
Prince of Augustenburg in his designs. The future
course of British policy now rests with the House
of Commons. It will probably depend on the dura-
tion of the resistance which the Danes are able to
make, and on the spirit which the allies show in
their dealings with the political question. All that
a neutral nation may fairly do will, no doubt, be
sanctioned by Parliament and public opinion. But
with the antagonism between Dane and German
heated by mutual slaughter we have little hope
that moderate counsels will now be listened to by
either side.
POST. —As the law relating to criminals alleged
to be insane is to be altered this session, it is desir-
able to ascertain the principles upon which such
amendment should be based. It is assumed in the
criminal legislation of all countries that it is right,
and good for society, that criminals should be
punished in order to prevent crimes from being com-
mitted and to protect life and property. The fear
of punishment is a powerful motive to deter from
crime, and therefore the law ordains that punish-
ment shall follow crime in regular sequence, like
cause and effect. It is also assumed that certainty
and celerity are the two principal conditions of the
efficacy of punishment. In proportion as punish-
, ment is dilatory and uncertain does it become inope..
rative. These two assumptions are intuitive self-
evident truths. That men fear punishment, and fear
i
tproportionoget
he r haass it is
is smurnereand doubt
he
has of
of which nobody capable of putting two ideas logi-
cally
his own existence, or that two and two make four.
This being universally assented to, how cdomes it
that we find a practice which traverses
nega-
tives this principle still prevalent amongan
civilised
communities at the present da
t inlt is admitted to
be right and for the good of .
society
should be punished, and that punishment
should fol.
low crime swiftly and infallibly;and yet we are
gravely told upon authority that when the preven-
tive and deterring force of punishment has been
weakened by having be
en unnecessarily delayed and
rendered uncertain, it ought, for this reason, to be still
further weakened by being commuted to a lesser
and milder form of punishment. Life is considered
the most valuable thing which the law purports to
protect. The crimeo f wilfully and purposely destroy-
ing life isthe hig est of crimesknown to the law. It is
therefore more necessary that punishment should
be more efficacious, that is, sure, inevitable, speedy,
in, cases of murder than in the case of lesser crimes.

N ENy'S

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