The Sun.
London, England, 1864-01-29 00:00:00

LONDON, FRIDAY, JAN. 29, 1864.

such " trivial things," howbeit, do arise, from
time to time, the " mighty contexts" of
these canards about the strength or weak-
ness of Governments. This rumour, never-
theless, of Lord RUSSELL'S sudden resignation
it ought at once to be acknowledged, rested not
alone upon that flimsy foundation as to his visit to
Osborne and his return thence to London. The

suspicions circumstance about it, according to every
more one open-mouthed gobemouche was this—that
hardly had Lord RUSSELL left Osborne when Lord
DERBY was invited thither by the QUEEN, or
rather, it should be said, in courtlier phraseology,
went thither in obedience to her Majesty's com-
mands. Hence the club rumour as to Earl Rus -
SELL'S retirement, as to the jeopardy in which the
Cabinet was said to be, immediately upon the eve of
the meeting of Parliament. All which part of the
story the Premier's own organ, the Morntng Post of
to-day hesitates not to pronounce at once, quite dis-
tinctly, in two words, " pure nonsense." Nay, says
our contemporary, with an air of good humour,
that bespeaks its own confidence in the "situation,"
—" There is no crisis, the Cabinet is acting in per-
fect harmony, and the Ministry is as well as can
be expected." Simultaneously, however, as ill-
luck would have it, the Morning Herald also of
this very morning, in the very first words of its
first leading article, comes out with the point-blank
announcement, "Earl RUSSELL has resigned."
Thereupon—we can hardly say, chaunting his
Dirge or pronouncing his political oraison
funibre, but at any rate—estimating the
worth of his lordship's career, now that it is
imagined to be closed, for such as it may be sup-
posed to be worth in the Morning Herald's estima-
tion ! The fact being, all the while, that Earl
RUSSELL has not resigned : at any rate—as yet !
That, iu fact, according to the Post's solemn asseve-
ration, there is no crisis of any kind in regard to the
Cabinet of Lord PALMERSTON! Cannot, however,
the truth of it all, we are fain to ask, be recognised at
once very easily ? The truth, we mean, in reference
to the real significance of these rumours about the
Foreign Secretary and about the Noble Earl the
Leader of Her MAJESTY'S Opposition ? What
loyal subject of the Crown is there, but must
have long since recognized, with an almost pain-
fully vivid recognition, the exquisite difficulty of
the position, personal and dynastic, in which
our beloved QUEEN is now placed, by reason of the
increasing complication of that miserable Schles-
wig-Holstein Difficulty, the more and more immi-
nent probability of the settlement of which by the
supreme arbitrament of war is bringing everyday
more directly into antagonism the confronting forces
of the Danes and the Prussians.

The hon. members for Birmingham have been
again addressing their constituents, at the half•-
yearly meeting of the Birmingham Chamber of
Commerce, which was held yesterday evening.
Political subjects being strictly prohibited, the dis-
courses were calm and business-like, even Mr.
BRIGHT being reduced for the occasion into un-
accustomed and temporary quiescence and urbanity.
Among other matters of commercial interest the law
of Patents was brought under consideration, some
revision of its enactments being strongly advised.
In alluding to the restrictive, but often wholly in-
effectual, working of its prohibitory clauses, Mr.
BRIGHT went so far as to remark, and there are
many who will agree with him,—" I am not very
much alarmed at the prospect of the total abolition
of patents; and I am not sure, after my experience,
which I am sorry to say has been considerable, that
the public would not lose anything by the aboli-
tion ; and looking at all that is won and lost by

inventions among inventors, I am not certain that
the inventors would lose if there were no patents at
all." Without, however, adopting such a sweeping
course as that of a total abolition of the law, it is
certain that that law might be very greatly and bene-
ficially amended. Some of Mr. BRIGHT's suggestions
to this effect are extremely judicious, and the sub-
ject is certainly one well worthy of attention. The
petty restrictions upon various practical improve-
ments in trade and manufactures effected by this
prohibitory law, failing to carry out the protective
benefit for which it was intended, are so generally
recognised as to require little additional enforce-
ment. At the conclusion of his speech Mr. BRIGHT
with a certain degree of truth alluded to the ob-
structive influence exercised by the Government in
impeding the passing of any private bill
of any independent member. "My hon.
friend Mr. SCHOLEFIELD has said," he re-
marked, " that some persons may blame him
for having been dilatory in pressing forward the
Partnership Law Amendment Bill, which he had
charge of last session in the House of Commons.
Now, although you may have read a great deal of
the labours of a mythical person of olden times, who
was called HERCULES, the labours of that iudividual
were as nothing compared with the labours of pass-
ing through Parliament a bill, however useful,
however undeniable its claims on the attention of
the House, if it does not happen that all the gen-
tlemen on the Treasury bench are interested in
getting it through. If Government have a measure
of their own to pass, then they are very energetic,
and keep everybody there till two o'clock in the
morning until it passes. But, without influence, it
is to me a marvel positively inexplicable how any
single bill good for anything whatever is ever got
through that House by any member who has not
the whole power of the Government to back hin,
In taking leave of his audience Mr. Barron
I thanked them for their attention. a aaial that he had
come to the meeting with a painful. sense that every
thing that could be remarked on the questions under
consideration was familiar to all of his hearers,
" indeed that many of these subjects were more
familiar to you than to me." Hence the unusual and
unnatural calm sobriety of manner and quiet sugges-
tiveness of arguments that mast have disappointed
many who came to listen to the stormy eloquence
of the special assailant of the Press. Look upon
this picture and on this. How different is Mr.
BRIGHT at the Chamber of Commerce on Thursday,
discoursing on subjects on which he modestly avows
his comparative ignorance, and Mr. BRIGHT in the
Town Hall on Tuesday, laying down the law in
matters of the highest social importance, in which
he boldly and presumptuously considers his own
ipse dixit of more weight and authority than the
judgment of wisdom and the experience of ages.

Daring the last few days all sorts of ridiculous
rumours have been afloat—particularly in the
region of some of the West-end Clubs—as to
Ministerial changes, so sudden and startling of
their kind as to augur (supposing them
proved to have been founded in any way upon
fact) the early dissolution of a naturally weak and
tottering Government. Very recently the favourite
report of this kind, bandied about, like the lightest,
feathery shuttlecock of a canard, was to the effect
that the Duke of NEWCASTLE, by reason of his
shattered health, would be untrained to retire from
his position as Secretary of State for the
Colonies. A post thereupon it was intimated
to be awarded to the now Postmaster-
General, Lord STANLEY of ALDERLEY, absurdly
called by one of the French newspapers, on the
'echoing of this silly report on the other side of the
Channel', " M. STANLEY, born at Alderney." Still
!at'ore recently, however, when that minor canard
I,i,d been relegated to the limbo of such frivolities
in the way of political rumours, an earlier rumour
Still was revived with all kinds of circumstantiality
in support of it. Earl RUSSELL, so the whisper
2.,n, had resigned ! Not—via, going to resign
but—actually had resigned. The noble lord was
rumoured to have been to the Palace at Osborne.
The Court Circular indeed, had, according to cus-
tom, announced that ceremonial visit of the Foreign
Secretrey. Lord RUSSELL had been to Osborne
and—had returned from it ! Certainly, a very
amazing circumstance in itself—that he should have
returned from Osborne at all seeing that, of eourse,
every one must have looked upon him, from the
moment of his arrival there, as a fixture ! From

The three justices of the county of Derbyshire
who signed the certificate of TOWNLEY'S insanity
have replied to the communication of the Home
Secretary, requiring them to give an account of
their proceedings. These gentlemen have, as
might have been expected, returned plain straight-
forward statements, indignantly repudiating one
and all of the imputations that was implied in
the complaint of the other Derbyshire magistrates,
that pecuniary influence had brought about the
reprieve of the convict. We are glad that the
replies have been so prompt and so explicit, not
for the sake of the gentlemen whose conduct has
been called in question in many quarters, but
likewise to show the necessity for a general super-
vision of the statutes, in order to expunge all
obsolete and bygone enactments. Mr. W. J. Cox,
J.P. for the county and borough of Derby, in a
rather elaborate but most comprehensiye state-

went, explains to Sir G. GREY for what reasons,
and at whose instigation, he took upon himself

inconsistency and ingratitude. The last mail 1.
brought us the particulars of Captain OSBORN'S re- I
fusal to submit to the terms proposed by Prince
KUNG in direct contravention of the previous
agreement ; this time we have the account of
a still more unsatisfactory conclusion, prolonged
and arduous, if less high principled labours.
The career of the American BURGEVINE, though
less known in England than in China, is singular
and interesting. It is bat three years since '
the man whose presence in the country was lately
agitating the Chinese and disturbing the Consuls,
arrived in Shanghai in no higher capacity than
second mate of an American ship. He began his
warlike doings by joining the band which WARD
was forming for an attack upon Soonking. The
attempt was successful and was followed by another
upon Tsing-pco which failed, and at which BURGE
VINE received a severe wound, which caused him
much subsequent suffering. The foreign authori-
ties never interposed to prevent a body of foreigners
from joining either party, and WARD was compelled •
to disbaad his force. BURGEVINE, who is evidently
a man of daring and ability, suggested the enrol-
ment of a body of disciplined Chinese under a
European head. This scheme being approved on
all sides, was successfully carried oat, and met with
no reverses until its commander's death in the
autumn of 1862. He was succeeded by BURGEVINE,
who during three brief months of power raised the
small ill supplied band to 5,000 well armed and well
equipped men. An expedition to Nanking cost
BURGEVINE his position, and he had no sooner
left the force than it rapidly decreased
both in numbers and efficiency. BURGE-
VINE went twice to Pekin to obtain his re-
instatement as commander, but in vain. The first
time he was well received, the second he was ar-
rested, threatened with death, and only released at
the intervention of the Foreign Ministers. It is
not surprising to find that such treatment infuriated
a man who was conscious of having rendered great
services, and who must naturally have been of an
ambitions and ardent nature. Fired most probably
with a desire for revenge, he opened negotiations
with the rebels, and arranged to superintend the
drilling and equipment of a body of Chinese, after
the European method. He started for Soochow,
capturing a vessel on his way, and, after an inter-
view with CHUNG WANG, was made second in com-
mand of the rebel forces. Money was advanced for
the purchase of arms at Shanghai, but delays arose
from the difficulty of transmitting them. The rebels
grew suspicious, and refused to pay the foreigners
their wages. BURGEVINE's health failed, and the
stimulants to which he resorted to deaden the pain
of his still unhealed wound only aggravated mat-
ters. The end of the drama was the secession of the
whole contingent to the Imperialists, and the ex-
pulsion of BURGEVINE from Caine. The adventurer,
who is evidently well fitted to take a prominent
part in the struggle, who had already done much
to serve the Imperialists, and who, with an incon-
sistency that was, under the circumstances, scarcely
surprising, was preparing to do as much for their
enemies, has been driven out of China poorer in
means than when he first began his daring career,
and doubly poor in having his health seriously im-
paired, his mind soured by the struggle. Such are
some of the contingencies which the soldier of for-
tune must set against a rapid elevation and the
chance of fame and fortune. But it is certainly
unfair that a man who has a claim on the authori-
ties for £B,OOO should be dismissed the country
penniless. It i 3, of course, an affair with which the
English officials have no concern, but it would
scarcely exceed the duty of the American Consul,
who has shown himself so active in procuring the
extradition of BURGEVINE, to make some remon-
strance on the subject. Meanwhile, men of spirit
and capacity had better pause before they expend
their energies on behalf of a Government which
repays their efforts with neglect and suspicion.

the onerous and thankless task of inquiring into
the sanity of the condemned criminal. From his
statement, which is generally corroborated by the
other magistrates, Mr. THOMAS ROE, the Mayor,
Mr. T. B. FIRMIN, and Mr. HUGH SCOTT, it ap-
pears that the prime agent in bringing about the
examination was the solicitor for the supposed
lunatic. That this gentleman was doing his best
for his client, is comprehensible enough, but it
is by no means so plain that gentlemen, holding
responsible situations under the Secretary of State
for the Home Department, should allow them-
selves to be guided, and in fact directed, by one
who, however unimpeachable in rectitude, could
not legally be a fit person to select, at his own
discretion, the judges who were to arbitrate on the
sanity of his client. Mr. Cox observes that on the
evening of December 25 Mr. LEECH called upon
him, and after explaining to him that an Act of
Parliament provided that, on a certificate of a pri-
soner's insanity being signed by two justices of the
peace and two medical men the Secretary of State
should have power to respite such prisoner, requested
him to make a judicial inquiry into TOWNLEY'S
state of mind. Upon these representations Mr.
Cox, believing it to be his duty, consented to enter
upon the inquiry. When, however, he and the
other justices arrived at the gaol, they found tho
Lunacy Commission appointed by the Secretary of
State were then examining the prisoner, and they
therefore deferred their visit until the next day.
While we do not in any way impute to these gen-
tlemen any wilful dereliction of duty, we cannot
but express our surprise that they should have been
thus induced to thrust themselves forward and
arrogate to themselves a jurisdiction superior to
that of the Lunacy Commissioners and of the Home
Secretary. The statute under which they acted
expressly states that on a certificate of a prisoner's
insanity being signed by two justices of the peace
and two medical men the Secretary of State should
have the power to respite such prisoner, but the
law thus laid down does not compel any magistrate
to sign such a certificate unless he be called upon
so to do in the ordinary discharge of his duties, and
it certainly was more the duty of the visiting jus-
tices to investigate this case than that of Mr. Cox
and his coadjutors. If these gentlemen had the
power to supersede the decision of the Lunacy
Commission, was it not a farce to set that Commis-
sion in motion ? It is curious to remark, too, that
with all their anxiety to do their duty, these jus-
tices did not take the same view of the meaning of
the act. While Mr. Cox believed that Sir G. GREY
had no option but to act upon their decree, Mr.
HUGH SCOTT thought that in signing the certificate
he was only, as it were, giving his opinion on the
state of mind of the prisoner for the guidance of the
right hon. baronet. He distinctly states that when
he signed the certificate, on Dec. 29, of the insanity
of GEORGE TOWNLEY he was unaware of its effect
as regarded its obligation on Sir G. GREY. There
can be little doubt that this absurd statute will be
at once repealed, but there is a further step which
ought to be taken by the Government, which
is that county magistrates should be furnished
with a code of instructions for their guidance in
cases of difficulty, and be directed when in doubt as
to what course to pursue to seek advice from head-
quarters. That TOWNLEY was sane when he mur-
dered Miss GOODWIN nobody denies. That his
intellect, naturally weak, was afterwards affected,
is possible. Under such circumstances no one would
desire that he should be hanged, but the investiga-
tion ought to have been made by duly appointed
persons, not by a self-constituted tribunal, at the
instigation of the prisoner's solicitor. We grant
the Justices concerned in this unfortunate case every
credit for their desire to act with impartiality, but
we cannot excuse them at all, and we consider that
the other justices were perfectly right, when they
memorialised the Home Secretary on the subject.
As regards the unfortunate convict, whether rightly
or wrongly respited, he cannot of course now be
hanged, but he has been convicted of a cold-
blooded murder, committed while in a sane state
of mind. He was therefore amenable for his crime,
and his after insanity, if it existed, might have
mitigated, but it could not have removed the
penalty. If he was insane it might no doubt be
only a temporary attack, and in that case, on his
recovery he should be removed from Bethlehem to
a convict prison. If we are to believe all that is
asserted about the insanity of individuals, few
people could be considered sane. Since the time
of JUNIUS BRUTUS, it has been convenient for
many persons to show madness ; but it is for
society to decide how far they are responsible for
their acts.

,he enemy.

money.

ries,"

41 per Cents. 95
Do. ex d month....

3 per Cents
Do. end month 66 40

Credit Mobilier.... 1015 50
Do. end month.... 1017 50

Bank Shares 3270

Credit la oncier 1230
Italian Loan 6B 70

HAIL'

Orleans
Northern

New ditto
Lyons and Modittaranean
New ditto

Southern
Western
Eastern
Sardinian
Austrian

Lombard

The career of a soldier of fortune is frequently
marked by the strangest vicissitudes. The fate of
war is always uncertain, and its issues often fail to
realise the most carefulcalculations. Too often the
commander of an expedition, naval or military, is
judged by its results rather than by his merits.
The mere fact of success or failure is looked at, not
the obstacles in the way, or the various collateral
circumstances that may have helped or hindered
the achievement. " Success is virtue and Misfor-
tune blame" in this as in many utter cases i but, if
this is true of a duly
aPpoticed authority, sur-
rounded by s
officialot every degree) and acting
mainl-
un instructions from Utile, It is MIA More
so of thee let Ats whose peculiar position deprives
thein of all adventitious aid, and, while it allows
them to claim success as the reward of their indivi.
dual merits, leaves the responsibility of failure to
fall upon them with crushing weight. One day
they are powerful and respected—the next they
are fallen and friendless, obtaining but scant recog-
nition of their former services. In our own day we
have seen the vicissitudes incidental to the most
brilliant and daring career of this kind illustrated
by the conqueror of Naples and the hermit of Ca-
prera. The wars in the East have given an oppor-
tunity to adventurous spirits, which they have
not been slow to take advantage of, although the
wheel of Fortune has gone round rather in ac-
cordance with the caprice of Eastern suspicion than
with the justice of their claims. We all know the
disappointment that awaited Captain ShERARD
OSBORN, R.N., in his endeavours to reorganise
the Chinese Imperial Navy, although that officer,
from his position, and the fact of his having en-
gaged in the affair with the express sanction of his
own Government, was differently situated from a
casual adventurer. We learn, however, by the
news just received, that Mr. LAY, the civil coadju-
tor o. Captain OSBORN, is no longer at his post of
Inspector of the Chinese Imperial Navy, though
whether he has resigned it in disgust at the failure
of the project of a steam fleet, or been dis-
missed by the same inconsistency that frus-
trated the schemes of Captain OSBORN, is not at
present known; Such conduct on the part of the
Imperialists is the more remarkable as they have
been so much indebted to the aid of civilised
men, whether European or American, who have
been able to take the lead, to 'organise men and
plan expeditions to which the native mind was quite
unequal. Yet, although apparently sensible in
some degree of the advantages of securing such
leaders. The Imperial Government are going the
I way to disgust them with their service by their

TUE SUN, LONDON, FRIDAY EVENING, JANUARY 29, 1864.

LREUTER'S TELEGRAMS.]

SPAIN.

FRANCE.

MARKETS—This Day.

LATEST INTELLIGENCE.

MADRID, JAN. 29.
The Minister of War has ordered the organisa-
tion of four battalions, which will be despatched to
Santa Domingo in March.

SANTO DOMINGO AND MEXICO.
SOUTHAMPTON, JAN. 29.

Advices received here from Santo Domingo state
that General Santana was indisposed and had been
temporarily relieved by General Antonio Aifan,
who had surrounded 500 insurgents in their camp
at Guamuna. All the Suuthern parts of Santo
Domingo as far as San Jose de los Matos had sur-
rendered to Spain, and were occupied by Spanish
troops.

lutelligenee from Mexico announces that the
troops under Juarez had been completely routed at
San Luis and Morelia by the Mexican forces under
Marquez and Mejia.

Juarez, with three servants, fled, pursued by

THE WEST INDIA AND PACIFIC MAILS.
SOUTHAMP TON, JAN. 29.

The Royal Mail steamship Atrato, with the
above mails, has arrived here. She brings 51 pas-
sengers, including the Confederate General
Magruder, from the Southern States of America,
on a mission to Paris, 3,777,635 dots. in specie, and
1,602 packages of cargo.
The Atrato left St. Thomas on the 15th inst.,
having been detained there 36 hours, waiting for
the Solent, which vessel experienced terrible
weather from Colon.

Business at Valparaiso was unchanged. Ex■
change was quoted 431 d. to 44d. The news from
Peru is unimportant. Exchange, 361 d. per dollar.
If was expected that Mosquera would gain his
object in Ecuador—the restoration of Colombia.
The Government of Ecuador was without men or

The Guatemala Congress opened on Dec. 10. The
capital of Honduras had been removed to Gracias.
In Salvador, the agitation for convoking a Con-
stitutional Assembly, and revising the old Consti-
tution, was increasing. The commercial news was
unimportant. At Jamaica, sugar realised 18s. to
20s. for ordinary, and 225. for fair; coffee, 525. for
ordinary. Exchange on London, 90 days' sight,
11 per cent.

PARIS, JAN, 29.

A decree has been issued fixing the import duty
upon coals and coke by French ships and by land
at 12 centimes per 100 kilogrammes, dating from
February 4th.
The Moniteur publishes the Imperial decree which
appoints General Count do Flahault to be Grand
Chancellor of the Legion of Honour.
"It is not in March, but about the 25th of
February, says a Paris letter in the Independance,
" that the Archduke Maximilian and the Princess
Charlotte are expected at Paris, or rather that their
Highnesses will be received at the Belgian frontier,
with the ceremonial due to Sovereigns. During
their stay, which will be prolonged until the sth
or 6th of March, they are to reside at the Tuile-

BOURSE, Jan. 28.—There has been a fair amount
of business doing, but Without any improvement in
prices. Threes, for the Account, are unvaried at
66fr. 155 c. Mobilier has slightly receded. Few
transactions in Railway shares. The market closed
as follows :

Do. end month 68 55
New ditto
Do, end month —
Russian
Austrian
Spanish Threes 5l/
Home Debt .. —
Deferred
Roman -
rAYB.

Cash. Account.
992 50 988 75
952 50 .. 950

931 2.5 .. 930 -
888 75 .. - -

660 - .. 657 50
517 50 .. 517 50
480 - .. 478 75
385 -
390 -

D • ..... ........
. . 390 -

517 50 .: 516 25

North of Spain
Saragossa 576 25 .. 571 25
Ditto to Barcelona

MARK-LANE.
Tho arrivals of English wheat iresh up to our market
to-day were moderate. For all good and fine dry samples
there was a steady demand at full prices ; otherwise the
demand ruled inactive, on former terms.
The show of samples of foreign wheat on the stands was
tolerably extensive. There was a moderate inquiry for
most descriptions, and Monday's prices were supported.
Floating cargoes of grain were in slow request, at late
rates.
With barley the market was fairly supplied. Generally
speaking the trade was quiet, but good and fine malting
qualities were firm in price.
Malt changed hands to a moderate extent, at late quo-
tations.

The supply of oats on sale was moderately good. The
trade, on the whole, ruled steady, at full currencies.
For beans and peas, the supplies of which were moderate,
there was a fair demand, and prices ruled firm.
Most descriptions of flour moved off steadily, at full quo-
tations.

ARRIVALS THIS WREK.
Wheat. Barley. Malt. Oats. Flout.
Enash 1,230 2,370 I 3,250 1,980 1 1450
Irish.. — 750
b'oreign 14,260 j 11,590 j 10,100 l 1840 sks,
brls