The Sun.
London, England, 1864-09-13 00:00:00

On the 12th July, 1864 (Tuesday), the prisoner pawned
the new chain to Mr Annie, No. 121, Minories, and re-
ceived a pawn ticket therefor. On the 13th July (Wed-
nesday) 1861, the prisoner sold this pawn ticket to John
Haffa, his room mate, for the sum of 12s, which sum ho
needed, as ho said, to pay for his passage to America.
On his ariival here he is identified clearly by Mr Death as
the person who sold him Mr Briggs's chain. He is also
identified by Matthews as the owner of the hat which was
found in the compartment of the railway carriage where
Mr Briggs received the wounds, from the effects of which
he (lied. There is also found in Muller's box a heavy gold
watch, made by Archer, of Hackney, where Mr Briggs re-
sided. Muller is not known to have had any watch of his
own. If he had he would probably have exhibited it, or it
would have been seen by Matthews and other witnesses to
whom he showed the chain and ring and with whom he
was on terms of intimacy. Third, the evidence is such as
would plainly require the commitment of Muller for trial if
the offence had been committed here, and it results that a
certificate leading to his extradition, that the case may un-
dergo an investigation, should be granted. Thus the chain
of evidence was complete ; not a link was wanting to con-
nect the prisoner with the commission of the crime with
which he stood charged.
Commissioner Newton then proceeded to deliver the
decision of the Court. Having complimented the counsel
assigned fur the defence fur the able manner in which
they had defended their client, ho said—l am not at a
loss to see, after carefully looking over the testimony and
weighing it in my mind, that there is sufficient testi.
mony for me, sitting in tire capacity of a committing
magistrate, to commit this man for trial. My simple
duty is to determine whether there is sufficient probable
cause from the evidence which has been produced to that
effect, which would cause me to remand him that he may
have an opportunity to be trial at the place where the crime
was committed, and there proving his innocence, or, being
found guilty, to be punished for his crime. It is not neces-
sary for me to determine absolutely that he is guilty of the
crime. The fact to determine is, has a crime been com-
mitted ? If it has been committed, is there probable cause,
from the evidence, to show that the party accused is the
party who has committed the crime? Now, it appears to
my mind, looking at it in the light of probable cause, that
my duty is very simple and very plain. Ido not desire to
sit in judgment upon this man—far be it from me. I wish
it was in my power to discover any evidence or trace of
innocence to justify me in withholding the certificate of
extradition. But lam free to say, that, from all the com-
bined circumstances, the chain which seems to have been
inked around this man points fatally to him as the guilty
man. So clear and distinct is the question of probable
cause that I cannot for one moment have a doubt as to the
proper course to pursue. Under the circumstances lam
!enstrained to grant the certificate, and the prisoner there-
'ore stands committed.
The prisoner was then removed.

You are asked to do what the President and Cone
gress could not constitutionally do—put this man
in the peril of his life before an indictment for any
offence is found against him. He did not ask the
Court to say that the treaty was unconstitutional,
but he would show conclusively that it was at pre-
sent suspended
.by the act of the British Govern-
ment itself, who seeks here for its enforcement.
The ocean is as much a portion of the heritage of
the American people as the broad prairies of the
West. He would come briefly to the main point
of his argument. It was an elementary principle
recognised by the law of nations, that a state of
war between the two nations suspends the opera-
tions of all treaties. But it may be said, there is no
war between this country and tireat Britain.
Neither is there in their sovereign relations and
capacity, but there is a war notwithstanding.
There does exist what the eminent Grotius terms
" a mixed and unsolemn state of war" between the
two nations—between the subjects of England on
the one side, and the subjects of the United States,
as represented in her commerce on the ocean, on
the other. The test is easy of application. For
instance, the officers who are here in court to-day,
representing their Sovereign while in pursuit of
this man, supposed to have his hands red with the
blood of his fellow man, were actually afraid this
supposed murderer would escape condign punish-
ment. Why ? What gave rise to their fears ? The
fear that a pirate vessel infesting the ocean as the
highway of nations—sent out from the friendly
British ports by British subjects, would snatch from
British justice that which it was in pursuit of.
Britain committing suicide upon her own justice.
That is a state of war, and that state of things by
the common consent of mankind suspends all
treaties between the two countries. There is that
hostility on the part of English subjects towards
this country which the writers on international
law denominate mixed and unsolemn war, and
which can be carried on without any formal declae
ration of war. There are three sorts of war—
public, private, and mixed. Mixed war is subdi-
vided into solemn and unsolemn war. When hos-
tilities are carried on without any previous declara-
tion of war that is a mixed and unsolemn war ; and
this, es in any war, leads to a suspension of treaties
previously existing, being a war between the sub-
jects and citizens of one nation against another
nation; and that nation or power which cannot
prevent this state of things, that nation which can-
not control its own subjects ceases to be a nation.
England cannot say she is neutral in this matter,
when she furnishes our rebellions subjects with ves-
sels of war, metes them, opens her ports to them,
furnishes them with arms and ammunition, and
sends them forth on their errands of destruction,
burning merchant ships, and destroying the com-
merce on the seas of a friendly power. The Ala-
bama, built and armed in England, and manned by
Englishmen, sunk and burned 120 of our ships ;
and when at last she meets the fate she so richly
deserved, we find an English subject, in his yacht,
snatching from an officer his legal captives. Look
at the case of the steamer running from this port
to Portland, in Maine, seized by pirates, the engia
neer murdered, passengers murdered, the vessel
brought into an English port, and the murderers
and pirates protected by Biitith subjects. But, as
in the case before the court, when a man is found
murdered near London, they pursue the supposed
murderer to our shores, and cry, " Treaty, treaty,
treaty." They tore that treaty to pieces three
years ago. (Applause.) Nay, more, great argosies
laden with tae choicest treasures of the nation have
been sunk in countless numbers, with connivance
and consent of this neutral friendly power. The
torch has been applied by the pirate Florida, built
and sent out by English subjects, a robber
on the highway of nations, murdering oar
citizens and destroying our commerce, and
humiliating the nation before the world, so that no
longer is it an honour to claim to be an American
citizen. This was not so much the act of the Go.
vernment or the people as of the aristocracy, who
misrepresented the government and the people. The
latter were true to liberty and to the United States,
God bless them. This treaty, then, under which
the rendition of this man is demanded is suspended
and Is a dead letter until this mixed and unsolemn
state of wer on the part of the British subjects
against the Government ceases. England to claim
this man must come into court with clean bands.
She must not come here and ask of us to honour her
justice when she dishonours her own justice, breaks
her treaties, tied cries peace and neutrality while at
the same time she lets slip the dugs of war, and
with piratical vessels drives our peaceful commerce
from the ocean. Tuis cannot long continue. Better
for us we had war at once, when we could send our
cruisers and assert our rights of retaliation on the
ocean. The times of I),2catur are not forgotten,
and we have aFarragut worthy to take the first place
in any contest, where the pride and honour and
courage of America arc at stake. (Applause.)
Leaving the case of his client in the hands of the
court he would close.
Inspector Tanner was re-examined as to the height
of the prisoner and his personal appearance, to show
that he could not be one of the two men seen in the
compartment of the railway carriage with Mr
Briggs on the night of the murder.
This ended the case for the defence.
Mr Marbury, for the British Government, then ad•
dressed the Court. He did not think it quite generous or
becoming in him to enter upon a criticism of the speech of
the gentleman who had just spoken, nor would he attempt
to follow him through the wide and discursive range of
topic he had introduced into the case. Ile would even
hold himself excused from the necessity of as much
as adverting tosmany of the irrelevant matters which
he had dragged into the discussi',n of this question.
All that was immaterial. With .eference to the
treaty under which the accused was claimed, whether
that treaty was faithfully observed or not was not a ques-
tion for this Court to determine. That was for the execu-
tive government, and when the executive shall have taken
the ground that by reason of the grievances to which coun-
sel had su eloquently referred, the Ashburton treaty was of
no further force or effect, it would then be time enough
for the courts to follow the action of the executive. But se
long as the government of the two countries regarded that
treaty as a subsisting treaty then it holds its place under
the constitution, next to which and under which it is the
supreme law of the land. It would be trifling with the thee
of the Court to pursue that point any further. Tho only
excuse or apology cuitasel could possibly offer for the intro-
duction of such topics must be in the tact that the case on
its own merits aff,rded no entertainment to the atolience
which the counsel is always expected to produce whenever
he appears in court. This was a very serious and grave
business for this young man, and looking upon him one
could hardly conceive that he perpetrated the dreadful
crime with which he stood charged. And if he could escape
from the evidences of guilt that came from so many quar-
ters, all converging and pointing to him, ho (counsel)
would experience relief from a weighty responsibility. This
was not a case for sickly sentiment or sympathy. Ulm were
really guilty of murdering the venerable man (Mr Briggs) the way described, then his crime was one of the blackest
dye, g
as well as one of the meanest and most revolting in all
its aspects, that had ever been perpetrated. The facts were
'
these .—First, the corpus delicie is fully established, At
half-past 9 o clock, July 9, 1864, Mr Briggs was seen
alive
and in perfect health. In two and a half or three minutes
afterwards he lay moaning and insensible in the six-feet
way of the North andon Railway. The carriage in which
he had been riding, and from which he was thrown, exhi-
bited proofs of a recent and bloody struggle. Several mortal
wounds were inflicted on the deceased, from the effects of
which he soon afterwards died. 2d, the evidence which has
been adduced shows clearly and conclusively the prisoner
is guilty of the murder of Mr Briggs with which he is
charged. On Saturday evening, July 9, between half-past
seven and half-past eight o'clock, Muller left the house of
Mrs Repsch, 12t, Jewry-street, Aldgate, lle did not return
that evening to his lodgings as it was usual for him to do.
On examining the compartment in which Mr Ilriggs had
been assaulted and mu' dered, a hat was found, made by T.
IL Walker, 42, Crawford-street, Marylehone, London. It
was crushed, and had marks of blood upon it. This hat is
proved by the witness Matthews, wbo has been examined
here, and by Mrs Repsch, whose deposition has been taken,
to have belonged to Muller, and to have been worn by him
up to the time of the murder or nearly so. Mr Briggs'e hat
was taken away by the murderer. Muller, on the 14th day
of July, had on at Mrs Repsch's a nearly new hat, with
white silk lining. Ho told .Mrs Repsch his old ono had
been thrown into a duethole. When arrested here a hat is
Mr Brigge's hat is gone,
afortUandfustlolewreids
foundavayin
withs boa.hion
his box. From the person
of of Mr Brie-el a gold watch and chain were taln nby violence.
This chain' is proved distinctly to have been in Muller 's
possession on Monday, July 11. On that day it was ex-
changed by him at the shop of Mr Death, 50, Cheapside,
London, for another chain and ring. This other chain was
packed in one of Mr Death's card-boxes and delivered to
the prisoner, lie subsequently exhibited this new chain
and ring to several persona. The box w th Mr. Death's name
and address on., he gave to Mr Matthews' hale daughter.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES. —While Lord Russell has declined to in.
:ervene on behalf of the Georgia, the Goveinmen

of the United States has justified the confidence of
the English public by ordering the immediate extra-
dition of Franz Muller. It was only a vague idea
that the evidence might b© incomplete or that some
technical point might be raised to procure delay
that suggested any doubt as to the issue of the pro-
ceedings at New York. Whatever may be said
against American polirics, and even against the con•
duct of the American Judges when they merge their
proper character in that of podticians, no well-in-
formed:person would venture to speak disparagingly
of American tribunals. Acting in their judical capa-
city, American jurists have merited and obtained a
very high place among legal authorities, and the
present Attorney -General has more than once taken
occasion to cite with the utmost respect their dui.
sions on international questions. In the present in-
stance, indeed, there was little room for the exercise
of a magnanimous impartiality,inasmuch as the case
—that is, the prima facie case upon which the requi-
sition was founded—proved to be free from all doubt.
The only hitch was as to the identity of the watch,
and the want of this link was not material. Nothing

seem to have been elicited in cross-examination tha'

could infl ience the result of the inquiry, except the
alleged want of resemblance between the prisoner
and either of the persons :-ern in the railway car.

.
nage with Mr Briggs. Nothing was said in the
coursa ot the defence that could shake the presump-
tion of Muller's guilt, except in this one particular,
and the terms used by Commissioner Newton in
granting the necessary certificate indicated no hesi-
tation whatever—" My duty is simple and plain.
I do not desire to sit in judgment on this man ; far be
it from me. I wish it was in my power to discover a
trace of innocence to justify me in withholding the
certificate of extradition, but I am free to say all the
circumstances point fatally to the prisoner as the
guilty man. So clear and distinct is the question
ot probable cause that I cannot for one moment
have a d-iubt as to the proper course to be pursued."
Language such as this is perhaps a little more ena•
phatic and unqualified than we should expect from
a committing magistrate ; at all events, it does not
betray any unworthy reluctance to surrender an
English criminal under 'he Extradition Treaty. It
is right, however, that we should take notice of the
strange argum?nts employed by Muller's counsel—
first in support of the motion for a further adjourn-
ment, and afterwards in support of the motion for
the prisoner's discharge. It was urged that the
case of Muller stood on the same footing as that of
Anderson and the Confederate pirates, and that in-
asmuch as the claim for extradition was there dis-
allowed by the British Courts after solemn inquiry
and deliberation, time should at least be granted to
find a like flaw in Muller's favour. The answer was
übyions—viz., that the murder of which Anderson
was accused appeared on the face of it tobcno mur-
.

der in the eye of the English law, and that the
piracy with which the Confederate seamen were
charged turned out, upon the preliminary investi •
gation, to be piracy of a kind for which they could
be tried in this country. No such objection relating
to the nature of Mulleris crime had been established
or even put forward; the evidence went to prove a
murder in the plainest sense, or nothing at all, the
only possible doubt being as to Muller's com-
plicity. Bot, then, argued Mr. Shaffer,
the Extradition Treaty itself mast ba con-
sidered void as violating the American Consti-
tution, or if not void ab initt:o,it has been annulled

by the state of war now subsisting between Grew
Britain and the United States—not,indeed, between
the two Governments, bat between the peoples, so
long as Confederate cruisers issue from English
ports. We are not surprised that Mr. Marbury, who
conducted the prosecution for the British Consul,
wasted very little time on this marvellous paradox.
It is so obvious that the Executive Government
alone can abrogate a treaty that we can hardly sup-
pose the exception to have been taken in earnest.
Remembering Mr. Edwin James's famous defence of
Bernard, we era not disposed to make too much of
furemic appeals to national prejudices, or to pre-
sume that because a fallacy of this kind was thrown
out, in desperation, by an advocate, it had the least
chance of imposing on the court. We question,
however, whether an English barrister would have
had the assurance to address such a piece of reason
ing to an English judge, even if he were capable of
trying its effect on a jury. A 9 it to deprive it of all
plausibility, it so happens that when the Extradi-
tion Treaty was made, the relations of the two coun-
tries were in quite as precarious a state as they
have been at any time during the last three years,
and serious difficulties had arisen, the recurrence
of which it was calculated, and probably designed,
to prevent. Dieputes on the frontier, originating in
t he Canadian rebellion, constantly threatened to em-
broil us, while the controversy about the right of
search was still outstanding, the Slaves States were
furious at the release of some negroes at Nassau,
and, besides the unfailing sympathy of an American
party with disaffection in Ireland, there were the
formidable questions of Texas, Alcx.7co, and Oregon
to keep hostility alive, If, therefore, there was
ever a time when either party might be tempted to
repudiate a treaty expressly made terminable at the
will of either, it was when the ratifications of it
were first exchanged. Yet, so far from regarding
it as an additional element of discord, its framers
seemed to have intended it as a palliative, and it is
a little curious that it is nine comprehensive than
the treaty made with the friendly Government of
Franco a few months afterwards. The latter, it is
true, includes the crime of fraudulent bankruptcy,
but it is silent as to piracy, ternon, or robbery, the
very offences which are most akin to private warfare
on the border or the high seas. Since this treaty
mainst ins
for
nd was signed similar conventions have been made by
the United States with France and other Powers,
and a special machinery was provided by Congress
in 1848 for giving effect to their stipulations. It
is by virtue of the Act then passed that Muller is
n
way to England in the iE•na. The American
Courts
tcosideo
Government
sfh tithe
,l. a v ii
is
du
having
obligationse to
E thus h
nognloi
sh uirtai
ub
oi
dischargeda themselvesus custody
o of Inspector Tanner, and on his
n
tice. When we hear of vast crowds awaiting Mul-
ler's arrival at Quaenstown, and listen to expres-
sions of relief at the murderer being captured, we
are compelled to remind our readers that the pri
sorer has still to take his trial, and that it will be a
disgrace to us if it be not a fair one. It is too much
to expect that any ono of the jurymen will not have
react accounts of the case and formed an impression
of his own, No one will envy these gentlemen the
of at of clearing their minds from all prejudice and
weighing the evidence as if they heard it for the
first time, but it is an e ffart that must he made.
Without entering upon details which are already
familiar to every one, it is manifest that almost
everything, must turn upon Atelier's ability to
explain two facts,—the discovery of a hat be-
lieved to be his in the railway carriage, and the
posse.ision of Mr, Briggs's property. If he can do

THE SUN, LONDON, TUESDAY EVENING, SEPTEMBER 13, 1864.

this, or prove an alibi, as he stated he could on being
arrested, he will be entitled to au acquittal. The
German Society, which has humanely espoused his
cause and provided him with legal assistance at
New York, will doubtless leave no stone unturned
to protect his interests. Something still remains
to be cleared up, and the coroner's jury have pro-
perly abstained from finding a verdict until they
have all available information before them. Let the
chain of circumstantial evidence be ever so strong,
it is not conclusive so long as some key which
purports to unlock it has not been applied. When
that has been ,tried and failed, then, and not till
then, presumption becomes moral and legal cer-
tainty.
HERALD.—The Asia brings important news from
America, news less favourable to the Confederacy
than we have of late been wont to receive, but far
less unfavourable than some persons in this country
have been led to suppose. Unless the War Office
at Washington has been more than usually impu-
dent in its falsehoods Atlanta has fallen into the
hands of General Sherman. This is a misfortune
no doubt—a misfortune, chiefly because it will
strengthen the hands of the Federal Government
and encourage a war party at the North. Two years
ago it would have been a terrible blow ; six weeks
ago it. would have been a much more serious matter
than it is now. At present so little is thought of it
in New York that the premium on gold, which was
155, ranges between 149 and 1541. The truth is
this, Atlanta was the great railroad centre of the
South; the nucleus of a set of lines which branched
into every part of the Confederate States, which
connected Tennessee and Northern Mississippi with
Georgia, and through Georgia with the Gulf States
on the one hand, and with Richmond and the
Carolinas on the other. While the whole region
through which this system passed was in the mili-
tary possession of the Confederates, the loss of At-
lanta, if such a loss could under those conditions
have occurred, would have been terrible. Even
while Vicksburg remained to the South the fall of
Atlanta would have been a deplorable misfortune,
as it would have cut the communication between
the eastern and western halves of the Confederacy
via Vicksburg. In a word, Atlanta is the nucleus,
the meeting point, the central knot, of a great rail-
way network. But at this moment one-fourth of
that network is in the hands of the North; and
this fact has destroyed the value of the centre.
What remains is independent of Atlanta. The great
line of communication between the Gulf States and
Richmond passes from Montgomery to Augusta—
from the heart of Alabama to a point ou the fron-
tiers of Georgia and South Carolina. One line
passes through Atlanta, and this Sherman has now
cut. One line, therefore, is lost; and in so far the
South has sustained an injury. But the communi-
cation is not cut. Another line passes from Mont-
gomery through Macon to Augusta. Macon, the
nearest point of this line, is 100 miles or so south of
Atlanta. Unless, therefore, Sherman can follow
Hood along this road, drive him into Macon, and,
finally, take that city, he cannot cut the Confede-
racy in twain. And if he could, the northern and
southern halves might still maintain a separate and
independent yet healthy life, as east and west have
done since the fall of Vicksburg. In another point
of view the less of Atlanta is a misfortune, but a far
less serious one than it would have been six weeks
ago. Hood's defence has gained time, and time was
of vital importance. Atlanta was a great arsenal and
machine shop. Ic has furnished the Confederacy with
arms turned out of its workshops ; it had factories,
it had stores, it had machinery. Well, while defend.
ing it egainst Sherman, Hood has been removing,
in heavily laden trains, the stores of arms and am-
munition, the tools, the workmen, the machinery.
We doubt if he will be found to have left behind
anything more then the defences of the place and
the houses which formerly sheltered a population
somewhat like that of Crewe. When Sherman
placed himself at East Point, interrupting the lines
leading to Macon and Montgomery, Hood's work
wa§ ended, and he has left the empty shell of
Atlanta to its fate. Such seems to be the history of
Sherrnen's success, so far as we can interpret by
our present knowledge the very meagre informa-
tion which hes reached us. There is no reason to
doubt but that the miechance may be repaired be-
fore the evil goes further and the conquerors of
Atlanta approach the defences of Macon. Fort
Morgan, Mobile, after a twenty-four hours' bom-
bardment, has followed the fate of Fort Gaines.
These two disasters are both, as yet, incomprehen-
sible : we cin neither understand how it should
happen that Mobile should be entres'ed to the pro-
tection of forts which could not be held for a week,
or how, if they could be held, they came to be sur-
rendered. As yet, treachery and cowardice have
been unknown among the Confederates; nor has
any previous event, on the other hand, suggested
the probability of such lack of engineering science
on their part as would be indicated in the con-
struction of forts that could not be held for a con-
siderable period against any means at Ferragut's
disposel. In other quarters the Confederates have
cot been altogether unsuccessful. In Virginia,
more than half the ground held by Hancock upon
the Weldon Railroad has been wrenched from him,
after hard fighting; and we may expect to hear that
he has abandoned or been driven from the rest. The
possession of this line is of no inconsiderable im-
portance to the defenders of Richmond, and they
certainly will not relax their efforts to recover it.
Report says that in the Shenandoah Valley Early
has disappeared from Sheridan's front ; a part of
his force, perhaps, having been recalled to operate
against Grant, as, in 1862, Stonewall Jackson
was called away from his successes over Banks
and Fremont to assist in the movement which drove
M'Clellan through the swamps and woods back to
the shelter of his gunboats on the James River.
And in Arkansas the capture of a whole Federal
regiment appears to have rewarded some unexpected
movements on the part of a Confederate force of
which, lately, we had heard little or nothing. Such
are the advantages which are to be set off against
the fall of Atlanta and Fort Morgan. The balance
is perhaps against the South. Yet if the worst
should come, if Macon should follow Atlanta, and
Savannah Macon, and if Montgomery and Mobile
should share their fate, the fortunes of the South
would not be at a lower ebb than wore those of the
colonists at more than one period of that war of
independence which ended so disastrously for the
mother country. Federal successes can only prolong
the war, with its fearful crimes and its grinding
misery; they cannot avert its predetermined and
long foreseen inevitable issue. To this conclusion
the Democratic party at the North appears to have
come. The convention held at Chicago has adopted
e programme which, though in form a compromise
between the two sections of the party, derives its
spirit and substance from that which makes peace
its first and paramount object. Union, but union
through armistice, negociation, and a general con-
vention ; union to be obtained by the cessation, not
by the protraction and exacerbation of hostilities—
such is the proposal on behalf of which the assem-
bled leaders of the Democratic party appeal to their
country and their adherents. " War, if it can con-
quer the South, cannot restore the Union ; let us try
if we cannot restore the Union by peaceful means ;
failing in that, it will be time enough to draw the
sword again." Such is their policy; and they have
agreed on a candidate for the Presidency whose name
will give weight to that policy and credit to his sup.
porters. With a good sense which the Republicans
have failed to learn even from the terrible lessons of
the last four years, they have agreed by acclamation
to propose the strongest man of their part ; perhaps
the bast and wisest man among the known men of
the North. M‘Clellan is not a great man, hardly a
great general ; but he rises into positive grandeur
by comparison with such intellectual pigmies as
Lincoln, Seward, Sumner, and the rest of those
whom a Republican victory would confirm in power;
and if he achieved no more than Grant has done he
was at least char of his
soldiers' lives. The quiet
dignity with which he has endured enforced retire-
ment, the unselfish patriotism which inspired his
career while in command, ensure for him such a
respect and esteem ii£ Europeans, at least, have not
been able to entertain for any one who during the
last forty years has occupied the Presidential chair.
No name could batter serve as a rallying point for
the respectable,
sober minded men whom the ex-
cesses and follies of the present possessors of power
have utterly terrified and disgusted, and who desire
nothing—not even the Union—so much as a decent,
capable, and law-abiding Government. No man
could be more likely to unite all the elements of
good that may exist in the Northern population, and
form a party strong enough and brave enough to
create and carry out a consistent and practicable
settlement of the present embarrassments of his
country. Taking up the programme of the Chicago
Convention, such a party may be able at once to in-
duce the South to negociate on such terms as the
Nor;h can accept, and the North, after negociation,
to acquiesce in the inevitable independence of the
South. With the Republican in power negociation
can hardly be expected, nor, if accepted, could it
lead to any result; but with a President like
:11'Clellan the South could treat in confidence. His
election would prove the North at least half re-
covered from its fever of ferocity and fanaticism ;
and a convention held under its auspices, if it failed
—as we think it mu t fail—to restore the Union,
would probably succeed in establishing an amicab'e
pr, ration. The nomination of McClellan es the
Presidential candidate of the Democracy, with e
programme so decidedly pacific, is the one hopeful
augury that appears amid the confusion of the pre-
sent of America and the darkness of her future. For
the fu:filtnent of that augury we can rather pray
than hope.

Naval and Military Intelligence,

What is the difference between the En4libh and
the American soldier?—Ono lights for the crown and the
othcr for the

that the Achilles is the first of the squadron of ironolads The Mysterious Death on the Metropolitan
built at the Royal dockyards. In consequence of the length I Railway,
of time which the Achilles has been lying in Chatham har-
bour her bottom has become exceedingly foul, notwithstand-
ing its having been coated with one of the numerous so called
anti-fouling compositions. She will accordicgly require to
be docked and her bottom cleaned before she proceeds on
her first cruise.

Hamosze, the inner harbour of the port of Portsmouth, is
one of the safest and most capacious in Great Britain. It
is over three nautical miles long, and has an average width
of deep water for about three quarters of a mile, and yet for
mercantile or even naval purposes its navigation is both
difficult and dangerous, being constantly occupied by a
numerous and iscongruous fleet of active;passive, and obso-
lete ships of war. Formerly merchant vessels might find
sea room for sailing on one side or the other ; latterly both
sides are used for the accommodation of gun and mortar
boats, and it therefore becomes absolutely necessary for
these vessels to employ steam tugs, which with their convoy
may be able to find a passage if the streams run up or
down true, but when it is high tide or slack water, or when
freshets prevail, the passage is fouled by the long ships of
war, which being caught by contrary currents, swing about
in different directions, and completely chock the navigation.
The bed of the harbour is equally inconvenient to merchant
vessels, for if one should be unfortunately compelled to drop
her anchor, it is very likely to catch in the numerous chain
moorings laid across the stream, and it is contrary to Admi-
miralty regulations for a merchant master himself to adopt
measures to free his anchor. The fleet in HAMORZ3 consists
chiefly of the Steam Reserve, which is classed in four divi-
sions, In the first division there are the Donegal, 81, the
Constance, 39, the Ocean and the Caledonia, 35, both iron
cased, the Doris, 30, the Zealous, 20, ironcased, the. Gannet,
17, the Megaara, 6, iron troop ship, converting into a store.
ship, the Sphynx, 6, paddle, the Eapoir, 5, and the gunboats
Ripple, Tilbury, Fervent, Dapper, and Clinker. In the
second division the Windsor Castle, 97, the Royal William,
78, the Royal Albert, 76, and the Brunswick, 68. In the
third the Howe, 107, the Defiance, 81, the Renown, 81, the
St. Jean d' Acre, 81, the James Watt, 79, the London, 78, the
Nile 78, the Exmouth, 76, the Sanspareil. 70, Centurion,
68, the Russell, 60, the Topaze, 39, the Encounter. 21, the
Desperate, 8, the Intrepid, 6, the mortar vessels Forth and
Seahorse, and the Snake, the Violet, the Skipjack, the Jack-
daw, and the Seagull ; and, in the fourth division, the Ajax,
GO ; the Hogue, 60 ; the Centaur, 6 (paddle) ; and the Rain-
bow. Among the Steam Reserve there is a very large ma-
jority of ships which, from the nature of their build, are not
adapted for modern warfare. The three-decked wooden ship
Windsor Castle, 97 guns nominal, 3,101 tons, launched at
Pembroke on the 24th of August, 1858, and supplied with
superior engines, has never been to sea, and never will in
her present state, although built so recently. She may be
cut down and iron-plated, like the Caledonia. Another
wooden ship, the Howe, 107 guns, 4,245 tons, launched at
Pembroke on the 7th of March 1860, and considered much
superior to the Windsor Castle, may also be cut down ; and
several other ships will, unless otherwise disposed of, re-
quire expensive modification or reconstruction. Many of the
oiler wooden ships are becoming unfit for any duty. The
Russell, Rogue, and Ajax will neither steam nor sail ; their
machinery is complicated and useless, and their hulls are
defenceless against modern artillery. The Majestic, Centu-
rion, and Brunswick may do for coastguard ships, but not
active warfare. The Forth and Seahorse are scarcely avail-
able as mortar ships now ; perhaps, like the Fox, they will
he appropriated for the transport of stores and machinery.
It is understood that the Lords of the Admiralty are desir-
ous of selling the paddlewheel steam sloops Centaur, 6,
1,270 tons. Among the sailing ships are the Amphitrite, 44
-Arachne, 18-Atalanta, 16-Cambrian, 40-Cambridge,
44-Canopus, 41-Cerberus, 42-Circe, 42-Creole, 26-
Flora, 40-Foudroyant, 78-Grecian, 12-Hamadryad, 42
-Impregnable, 78- Indefatigable, 50-Indus, 78-King-
fisher, 12-Leda, 44-Liberty, 12-Martin, 12-Nautilus,
6-Nemesis, 44-Pique, 40-Royal Adelaide, 78-Squirrel
12-Stag, 41-and Sybile, 40. Some of these arc applied to
useful purposes; the Royal Adelaide carries the post admi-
ral's flag, and receives seamen for active service; the Indus
bears the admiral superintendent's flag, and is a depot for
engineers, stokers, and pensioners; the Cambridge is used
by seamen gunners, the Canopus for disposable seamen, and
the Impregnable, Implacable, and the two brigs Martin and
Squirrel are floating schools for training boys for the sea.
All the obsolete sailing ships, and many of the steam fleet
in Hamorze, aro termed ships in ordinary, and every one
involves a constant expense for caulking, repairing, and
painting. In addition to the engineers in charge of the mq•
chinery en board steamers, each line of battle ship in ordi-
nary has two warrant officers, three lien and a boy to take
care of her ; every frigate has two men, and most of the
smaller vessels have ono man, with a warrant officer in
every third ship. The sailing frigates Hemadryad, Cerberus
and Stag have each a lieutenant. Whatever difficulty may
exist regarding the disposition of some ships propelled by
steam, there cannot be much doubt about the propriety of
selling or breaking up the non-effective ships, which not
only obstruct the navigation, but involve the constant ex-
pense of ship-keepers and occasional eurvey-s by the officers
of Davenport dockyard, who,with tin ir assistants,necessarily
expend some time on board, and bore holes with small
augurs in all directions to ascertain the condition of the
timber. When it is determined at Whitehall to sell a ship,
the course usually observed is to publish her name, with an
inventory of her stores, and to wait for tenders which are
sent there, If the price offered approach the valuation of
the dockyard surveyor, the ship is sold. Occasionally the
offer is increased two or three times hefor.) a sale is con-
cluded. The proper disposal of useless ships of war has
long been a difficult problem for solution by the successive
Lords of the Admiralty. The necessity for preventing them
from falling into the possession of unfriendly nations in
their perfect state is the principal obstacle. Breaking up
wooden ships in naval arsenals is found to be a most costly
process It is said that the charge for haulage and for stack-
ing the top.si foe of the Royal Sovereign, recently cut down
in Portsmouth Dockyard, was wore than the value of the
timber when stacked. Oa the other hand, the prices given
by professional shipbreakers, 30s or 40s per ton, bears ap-
parently an unfair relation to the original cost of the ships,
£2O cr £lO per ton. But, although the timber may be per-
fect, a merchant ship built of it is not classed for more tnan
six years by the Committee of Lloyds, who allow 12 or 13
years for new timber. The period is in some measure re-
stricted by the number and large size of the trenail and bolt
holes in the old timber, and the difficulty in cutting it
without considerably reducing its strength. All market
copper found in the old ships is returnable to the Go-
vernment, and is paid for nt the current market price.
Within the last three or four years the Lords of the Ad-
miralty have sold from Hamoaze the sailing ships Lan-
caster, 1,478 tons ; Armada, 1,740 ; Lively and Druid,
1,080; Pallas, 951; Pilot, 485; Pandora, Express, Petrel,
an 1 Crane, 360 ; Lapwing, 223 ; the gunboats Arrow,
Lynx, Viper, and Partridge, 477 ; the paddle-wheel vessel
Avon, 161; the Medusa, 3 guns; the Heels, 6; and the
sailing ships Andromeda, 44 guns ; Proserpina 44 ; and
Cadmus, 12. The PlOnrpille was 30 years old, and had
never been to sea. Tho engines wore removed from
the Partridge before the sale. Their Lordships intend
to dispose of the Grecian. built in 1833 ; the Heroine, 1841 ;
the Nautilus, 1830 ; the Vigo, 1810 ; the Endymion, 1737 ;
the Bellons, 1812 ; the Egeria, 1807 ; the Jupiter, 3813;
the Bacchus, 1513, the Linnet, 1835 ; the Arachne, 1827 ;
the Circe, 1827 ; the Nemesis, 1826 ; the Lavinia, 1806,
and xis mortar vessels. These ships are roughly estimated
to ho worth less than £50,000. It is understood that for
the Sybilla £5,000 has been refused. While wo are writing
it is rumoured that their Lordships contemplate offering to
contractors the privilege of breaking up ships-, f- war in
private yards ueder the supervision of Government inspec-
tors. It is to be hoped that they will speedily adopt this or
some other vigorous course for realising the value of a
perishing stock. The cost of its maintenance will at once
be saved, and in the port of Plymouth considerable relief
will be given to the important agricultural and mining
traffic carried through the estuary of Hanwaz; from its tri-
butary rivers-the Tamar, Lynlier, and Tavy.
Her Majesty's screw troopships Himalaya and Vulcan
are hourly expected to arrive at Spithead with troops on
board the Himalaya from Canada and the 'Vulcan from
China and the Cape of Good Hope.
A Portuguese war corvette sailed on Saturday from the
Motherbank, off Hyde, Isle of Wight, for the westward,
Rear-Admiral it. S. Robinson, Controller of the Navy, is
expected to embark this morning at Portsmouth on board
the Admiralty paddle yacht Enchantress, Staff •Commander
Petley, which will immediately afterwards sail for the
Mediterranean station. Rear-Admiral Rubinson will pro-
bably disembark from the yacht at Malta, the Enchantress
then proceeding to Marseilles to receive other members of
the Board, who have travelled by the overland route, and
who will join the Controller at Malta.
The Peninsular and Oriental Steam Navigation Com-
pany's steamship Poonah arrived at Portsmouth on Friday
from Southampton, and was docked in the Warrior dock of
her Majesty's dockyard to repair damages to her four-
bladol screw. She was undocked again on Saturday and
left Portsmouth for Southampton.
The Imperial French naval cadet training corvottea Le
Boujainville, Capt. Nourry, and Le Chasseur, Commander
Cany, sailed from Spithead on Saturday in continuation of
their cruise of instruction.
Capt. Rice, of the screw steamship St. George, 72, hav-
ing completed his survey of Coastguard stations in the
gunboat Hind, left Plymouth on Saturday for head quar-
ters at Falmouth.
The establishment of the Devonport dockyard is to be
made up to 2,200 men ; several artisans in various depart-
ments will be entered shortly.
The paddlewheel steamsloop Geyser, 6, Com. Arthur A.
Thrupp, is having defects made good in Plymouth Sound.
A considerable number of the hands hitherto employed
on board the ironclad frigate Achilles, 23, 1,250 horse
power, completing for sea at Chatham, have been withdrawn
from that vessel, and placed on the other ships building and
fitting, in consequence of most of the works in the way of
fitting, &c,, on board the Achilles being now completed.
During the last few days the Achilles has been visited, by
special permission of the Admiralty, by Mr King, the head
of the engineering department of the United States Navy,
who spent a considerable time on board the frigate, over
which he was conducted by the principal officers of the
yard: At the termination of his visit Mr King expressed
hie unqualified adruirtiqon of everything he had witnessed
on board the Achilles, and frankly admitted that there was
no vessel of the earn° clues or description in the Federal
navy which would bear comparison with her, while in the
opinion of this gentleman she even surpassed the ironclads
Minotaur, Agincourt, and Northumberland, all of which he
had inspected. Such disinterested testimony as that given
Ly iilr ii.thg is the wore valuable when remembered

Second Capt R. Decie, in command of the 9th Company
of Royal Engineers at Woolwich, will succeed Capt C, E.
Harvey as Adjutant at the Royal Engineer establishment,
Chatham, on the promotion of the latter officer.
A serious accident occurred on Wednesday last to Mr
Lighton, a cadet of her Majesty's ship Britannia,who,while
running about the rigging fell from the main chains and
struck ou the landing stage of the gangway, by which he
received a fracture of the skull and severe internal injury.
Mr Sayce, a young cadet, seeing him in the water bleeding
and insensible, instantly sprang overboard in the most gal-
lant manner to the rescue, and was quickly followed by Mr
Stackpoole, another cadet (both having their clothes on).
They endeavoured to support him as well as they could,
but, finding the tide too strong, were about to relinquish
their hold, when Lieut Hereford, observing their helpless
position, swam to their relief, and succeeded in keeping the
drowning boy above water until picked up by one of the
officers and seamen who ,hastened from the ship in a boat
which was fortunately alongside. Mr Lighton was removed
to the hospital at Dartmouth, where he remained under the
care of Dr Bremer, the surgeon in charge. He is still in a
precarious states, but hopes are entertained of his recovery.
The division at Aldershot, under command of Sir J. L.
Pennefather, K.C.8,, formed up on Clavcart-ridge at half-
past 10 o'clock onWednesday morning for field manoeuvres,
and after the usual march past was disposed in order of
battle, the 10th Hussars throwing out skirmishers and ad-
vancing to the westward, the Scots Greys being in support,
and the Royal Dragoons forming the reserve of this brigade.
On the recall of the skirmishers, the Hussars advanced in
line at a gallop and halted, the Greys advanced on their
right in the same order, passing the 14th for some distance
before halting, and a troop of the Royal Dragoons was
pushed forward by Major Ainslie at a smart gallop until far
in advance, This troop retired, and the Greys and Hussars
advanced in a line at a trot, changed positions to the south-
ward, and threw out skirmishers. The three brigades of
infantry advanced by brigades in columns in mass, with the
heads of columns in line, at deploying distance, each bri-
gade covered by a line of skirmishers. Generals Taylor and
Russell, commanding the Ist and 3d brigades respectively,
then changed positions to the southward, the latter form-
ingr his right on the left of the 14th Hussars. Brigadier
Ingall, commanding the 2d brigade, also changed positions
to the lett, forming the advanced line, which brought hits
opposite Gen. Russell, skirmishers covering his front and
throwing in a emart fire. The plan of attack now begins to
develope itself. The Royal Dragoons advanced in line to
the southward, on the left of the infantry, and charged in
splendid style. while the 14th Hussars made a similar dash
on the right of the infantry. As the 14th retired the Greys
came forward and charged over the same ground with equal
impetuosity. At the same time Brigadier Ingall opened a
sharp file fire, and the Rifles, recalled, took up their position
in the brigade. During this time the Artillery was busily
engaged. and made good use of its guns from every point of
vantage, the sound of the incessant discharge mingling with
the sustained fusillade in one continuous din. At this junc-
ture Gen. Russell came into action on the right of Brigadier
Ingall and commenced file firing. Brigadier Ingall retired
and the Royal Dragoons again charged the enemy. " Cease
firing" was now sounded, and Gen, Taylor could be seen
bringing up his brigade to the front. In the meantime the
14th Hussars again dashed forward, charged at a tremen-
dous pace, and retired by columns of troops from both
fl inks, the Greys immediately charging through the inter-
vals and retiring in like manner. Gen. Taylor's brigade,
having arrived in front, opened a smart fusillade, where a
battery of the Royal Horse Artillery and the Grey Bat-
tery of Artillery on the left and right respectively, kept
up a vigorous cannonade. Cease firing" was again
sounded ; and the effect of the operations having been to
drive back the enemy, he was allowed to reoccupy Bricks-
burg-hill, and the water works, where it was determined to
leave him. The army then retired under cover of the
Royal Horse Artillery and a line of skirmishers, while as a
finale, the Royal Dragoons advanced in line to the front of
the infantry at a gallop, and a squadron of the 14th Hussars
dashed on from the right, cutting the "pursuing practice"
in a skilful manner; the enemy, however, again making
offensive demonstrations, the Lieut.-Generals once more
changed position to the westward, the Royal Dragoons
charged on the left, and the division fell back under cover
of the Greys and 11th Hussars, until the original position
on Claycart was gained. The troops were then dismissed
to their quarters.
Tho 3J Infantry Brigade at Aldershot, under the com-
mand of Major-Gen, Russell, paraded a iew days ago, for
the purpose of presenting a medal for long service and good
conduct, with a gratuity of £l5 to Colour-Sergt. W. Eager,
39th Regiment. The gallant General made some compli-
mentary remarks upon the meritorious career of the Colour
Sergeant, which were listened to with great attention by the
troops. Ile then alluded to the pleasing duty which devolved
upon himself, and presented the medal and gratuity to the
sergeant amid the customary demonstrations.
The regimental returns at Aldershot just issued show the
following figure of merit and classification per cent of men
at target practice on the 31st Aug., 1864 :--lst battalion 6th
Regiment—battalion, 94.75; best company, 120.83; marks-
men, per cent., 9. 73d Regiment—battalion, 67 92 ; best
company, 91'68 ; marksmen, per cent., 3. 62d Regiment--
battalion, 67.13 ; best company, 75 11; marksmen per cent.,
2, 59th Regiment—battalion-56 09 ; best company, 83.70;
marksmen, per cent., 6. 83d Regiment—battalion, 52.07;
best company, 79.00 ; marksmen, per cent., 4. Ist battalion
14th Regiment—battalion, 47.51 ; best company, 73.26 ;
marksmen, per cent., 5. 75th Regiment—battalion, 44 09 ;
best company, 60.65 ; marksmen per cent., 1. 2d battalion
60th Rifles—battalion, 40.03 ; best company, 44.49 ; marks-
men per cent., nil. The best shots at the same date were,
first period, Private T. Sullivan, 734 Regiment, 67 points ;
second period, second class, Sergeant J. Mason, Ist
battalion 6th Regiment, 53 points ; third period, Ist
class, Colour Sergeant E. Hayles, 2d battalion 60th Rifles,
38 points. Capt. Cockburn'a company, Ist battalion 6th
Regiment, shows the highest figure of merit—viz., first
period, 42.10; volley firing, 19.73; percentage of first and
third classes, 63.4; difference, first class, 59, total 120-83.
The following appointments have been made at the Ad-
miralty :_Commander W. Codrington to the Warrior—
Robert Towers, second master to the Dromedary—G. C.
Luken, second master, to the Dee—J. J. Greathead, chief
engineer, to the Procris, for service in Gibraltar yard—
Leonard Backler, assist.-engineer, to the Victoria and
Albert—and Alfred Smith, clerk, supernuateraoy, to the
Fisgard.

The frightful and mysterious death of a young female, at
present unknown, which took place just after midnight at
the Portland-road station of the Metropolitan Railwalt
now that the circumstances connected with it are becoming
more fully developed, tend to the inference that the occur'
rence was not one of accident, but of deliberate foul 00°11,
the part of the man who was in deceased's company, en"
who, notwithstanding he must be fully aware of the N.
which has befallen her, had not, up to yesterday afternoon,
made his appearance to identify the body. From the in:
veatigations made by Mr BJyle, the summoning officer 0I
Marylebone, it appears by the statements of Mr H. Fisher'
of the general manager's office, Richd. Giddens, the guard,
and the ticket clerk at the Portland-road station, that the
last train from Farringdon-street to Bishop's-road left tb;
former precisely at 12 o'clock on Saturday night, and reecho'
Portland station at 12.12 on Sunday morning. Just bef9rie
the train arrived a man, in company with the decease"
whom the ticket colltctor identifies, came and took tO
third-class tickets for the Edgeware-road station. The train
had arrived, and when he went out of the ticket oince:
seeing they were both standing on the stairs, he called cab
to them that unless they made haste they would be too late:
They then ran down to the platform together. I,le then We'
sight of them. Giddens, the guard, states that the try
il3
was in motion, and when he looked down he saw one d°l
open and a woman attempting to get into the carriage, and
a hand either attempting to pull her in or push her ont
he could not say which, Ho called out twice to bee'
" You aro too late—too late ;" and as ho said it the 13e..
cond time he saw the woman disappear between the raid
and the platform. At the same moment a man
seen to run from the train and upstairs to the entranon
the station. At all events the man who was with her
whether he ran up the stairs or got into the carriage has°
since been heard of. The body was first found by
Clarke, a porter at the station, frightfully mutilated. 11,ed
right arm was torn from its socket, one of the legs broken 7
two places, the pelvis completely divided, and the entrsui
protruding. Death must have been instantaneous, and te
body was at once removed to Marylebone Infirmary. 'rilile
deceaaed, who was poorlyclad, is a remarkably good lookino
young woman, about 24 years of age, light brown he
neatly plaited over the temples, grey eyes, full set teeillota
rather prominent mouth. She wore a brown and blue etriP„
crinoline extended by cane, and much darned, elastic old
boots, old white cotton stockings, a red petticoat, apparent"
made out of window curtains, a black cashmere shawl,
black chip bonnet with lavender and white flowers, tt`'
bonnet-cap black, with blue velvet, and white stays. °I:
is about five feet five inches.in height, and instead of 4
chemise she had a man's shirt on. On her person was fooll
a number of lead penoils and envelopes. a• e
During the afternoon, yesterday, as no one had idenil6
the body, and as there is a suspicion of foul play, Mr Tilbbi°;
assistant overseer, suggested that a photograph of decetacu
face should be taken, as decomposition is fast setting in'
Information has been forwarded to the coroner.