The Sun.
London, England, 1863-12-26 00:00:00

1 I It
o^al la

LONDON, SATURDAY, DE0.28,-1863.

Mr. THACKERAY'S death is more than a serious
loss to Literature. It is a loss in its way Quite
irreparable. For, THACKERAY was indisputably
one of the Great Originals not only of English
Literature, but of all Literature. He was men.
tially unlike any writer who had gone
before him.
He stood altogether apart among his own contem-
poraries. Ho is never likely to be succeeded by.oll-
- matter how rarely gifted that other might
be—who could hopa in any reasonable probability
to be regarded as qualified to fill up the vacancy
left by this Great Original, abruptly left by his
lamented disappearance from the very midst of us
upon,this last Christmas Eve. As a humorist, in-
deed, THACKERAY was one just simply sui generis.
And in his happiest moments he has, in the charm-
ing, easy grace of his colloquial style never
been surpassA , Never did even Madame DE
IitITIONE or EORACE WALI'OLE prattle with so
delightful an abandonment to the confidences of
frlenildhip Or of familiar correspondence as this
great manly genius could in holding converse with
his reader, by the hour together, chapter
after chapter, to
any length, just in ore other
phrase ad libitum.
L was at these times especially,
to our thinking, that he
was at his best—that he
was and will ever remain • ~
annva.tea. RABELLAIS
laughing, as POPE depicts him, in his easy chair,
was no more delightful than was THACKERAY at
these mm
oents, loosely arrayed, so
to speak, in his
robe de chainbre,—bis stalwart feet thrust into
the panlouffies. In verse or in prose, it was all one
him, at
Bucii golden periods, it
being just
dimply impossible to say in which he Was the more

delectable, whether in prose or in verse. Witness
this in regard to the former his " Mahogany Tree,'
his " Cane Bottomed Chair," or his "Peg of Lima- $
vaddy." Witness it, in regard to his prose, among
b.is miscelloneous trifles, his description of a first
night with a Child at a Pantomime—several of
the choicest of his Snob Papers, nearly the
whole of his (for the most part inimitable)
jottings by the way as Mr. ROUNDABOUT. We
have been tempted to give precedence, thus, to his
wonderful powers as the most carelessly convene;
tional and discursive of Humourists, because, in
regard to those peculiar qualifications of his as a
humourist, we are disposed to regard him as
standing quite apart from all other humourists,, as
quite matchless in his way, among the me,sters
of our literature. But to that literature, he has
the glory of having contributed more fnan one
noble and highly elaborated master-piece.. A juster
estimate of a great writer and of his corks never
was penned we believe than the one put forth
yesterday in the Times and transferred last evening
to our columns from those oar chief contemporary.
The three works upon which THACKERAY'S repu-
tation will rest are, beyond any doubt, the very
•
three there specified—" Vanity Fair," the "History
of Henry Esmond," and " The Newcomes." It
was the first of those three that of itself, immedi-
ately upon its appearance, made THACKERAY'Sreputation,
greatnsfonrOmveedlisliti
in at once after a long
novelist,
as a great satirist
raenpdnt ati
humorist.on, a s
I a
t tra
and laborious, and at the very outset of it, an obscure
apprenticeship to literature, from a mere miscella-
neous contributor to the periodicals, daily, weekly,
monthly, and quarterly, into one of the very fore-
most writers of his time. It gave him a prominent
and a permanent place at once among the most
distinguished Authors of the Victorian Age. That
position he has since secured to himself in per-
petuity. He has carved out his niche in our lite-
rary Walhalla. Perhaps the most nearly perfected
of his masterpieces is the second among the
three already specified. It is—that " History of
Henry Esmond"—in every way an exquisite per-
formance. Yet in the third of THACKERAY'S three
greatest novels, in his two volumes of " The New-
comes," he has contributed to English Literature the
noblest, the loveliest of all his creations in the
character of Colonel .Newcome. It is a creation as
complete in its way—and one in every way as
charming—as the Uncle Toby of STERNE, or as
the Sir Roger de Coverley of STEELE and ADDISON.
In one particular—probably in several particulars,
but in one we are absolutely certain—Mr.
THACKERAY'S genius was by the oast majority
even of his admirers, altogether mis-apprehended.
Granted that it was inevitably the genius of a
satirist, it was one far more genial, more kindly,
more gentle in its humanity, more tender in its
inner sensibility than the world at large deemed
it to be. It was a genius that, even where most
caustic, was never cynical. With THACKERAY, the
satirist's flying shafts of ridicule tickled into laugh-
ter—never rankled like those of SWIFT, poisoned
with a malignant and even devilish scorn, or like
those of ROCIIEFOUCAULD, barbed with a poignant
and wicked wit. In signal evidence of his generous
temperament, he was throughout life the kindliest
of critic. The inimitable genius of the greatest of
all our English Humourists, CHARLES DICKENS,
had no more cordial appreciator than the very one
who approached him the most nearly amongst his
own contemporaries, namely, THACKERAY. Blun-
dering adulators of 'THACKERAY might bring him
into invidious comparison with that great Master-
Humourist—not so THACKERAY himself. THACKE-
RAY, was the one at all times the most cordially to
recognise the truth that no such comparison could in
reason be instituted, that as a humourist, as the
greatest among all those great humourists, who can
at their own pleasure command our tears and our
laughter, CHARLES DICKENS among English
novelists stands apart, beyond all comparison. Yet
—echoing that truth from the written and spoken
criticisms of THACKERAY himself—we can, with
that simple but emphatic proviso, recognise as
the very next among modern humourists the great
writer recently deceased.

The finding of the court martial which was held
for the trial of the charges against Col. CRAWLEY
is in every way most unsatisfactory, and it will have
been with unfeigned regret that many have perused
it. It seems most extraordinary that such a deci-
sion should have been come to, and it is one which
is in every way most detrimental to:the future well-
being of an army. It has established a sad of pre-
cedent, as it were, for the harshest and hardest
measures to be dealt out to those of an inferior
grade in the army. The most ardent advocates of
Colonel CRAWLEY can hardly deny that his con-
duct towards the unfortunate Sergeant-Major
LILLEY was fraught with the most unhappy issues,
and surely it would have been as well to have inti-
mated something of that sort in the terms of the
finding. Those who have carefully perused, and
well weighed over the circumstances of the case as
disclosed in the trial, will feel that the decision
lately come to by the Court on this subject, is a
remarkable one. It is enough to excite the
strongest feelings of indignation to reflect that
a man, who was proved to have acted
in the manner in which the Colonel did,
should be thus exonerated from all blame and
sheltered from all censure. The tidings will go
forth to the army; it will be heard with feelings of
shame and humiliation. It was not proved even
that an offence had been committed which would
have justified the detention of the Serjeant-Major
is his close confinement, and therefore the severity
to which he was subjected was doubly blameable.
It comes to this, that, if it is to be tacitly agreed
to that officers of a certain rank and associated
with those of unbounded influence, are to have
their malpractices winked at by those in autho
rity, and if the general feeling of the public calls
for an inquiry, that they are to be judged by a
different standard to that of meaner individuals,
it hi time
that the whole system of our Army be
re.tu
odelled and reconstructed. It may be
very
nvenient to adopt measures of expediency,
and att,za
P.- the smuggling system in matters
that conn,,u
money, time, or even more important
things ; but
'hen it is a matter of life and death,
a question of troth
and justice, and an affair of
such magnitude a,
this one referred to, such lax
regulations and convenient subterfuges will not do.
If the statutes of the
army are so constituted as to
acquit
entirely an officer Who
has been proved to
have acted as _
l'z'Y has done and to
havo abstained from interfering to liberate a pri-
eoner until all interference Was to_
" late, the sooner
such statutes are altered the better,--the more
creditable will it be to an army and the
more con-
ducive to the interests of our soldiers. b. •
. hard,
indeed, if those who arc
to fight for us in every
from ho
me
for quarter of the globe, and to be banished
for half a lifetime in some cases, cannot share the
protection that we accord to our criminals. In no
convict prison would such a case as that of Sergeant
LILLEY have been passed over in silence, and no
officer of the prison would have escaped severe cen-
sure, if ho avoided the very possible chance of
dismissal. It is right that all should be shielded
from injustice, but if a preference is to be
made, an army should come before our pri-
soners. The friends of the unfortunate subject

of all this discussion may rest assured, however,
that, 'though the inquiry has been so mismanaged,
the -public feeling will not ratify the decree of the
Co urt Martial. The memory of him who sleeps in
f.is far off Indian grave will not pass away at the
bidding of authorities, and his wrongs will survive
in the recollection of all advocates of honour,
truth, and justice. It is on an occasion like this
that we have cause to lament that the regulations
of the army and the navy are not more similar.
The Admiralty have more power over the Courts
Martial than have the Horse Guards. They are
not compelled to sanction the findings, however
unsatisfactory they are, and incomplete they may
be, It is earnestly to be trusted that this subject
will again be brought forward when Parliament
meets, and, if nothing can be done to rectify the
evils of the case, that measures will be adopted to
prevent the occurrence of a similar calamity. Forms
and ceremonies are idle things after all, "a
breath can make them as a breath has
made;" but the principles of justice are
eternal and immutable, and no public institutions
can be at all approximating to perfection where
they are not the ruling spirit and the inspiring
motive. In the sight of God and man they are
of the utmost consequence, and all rules and regu-
lations which do not support them in their in-
tegrity are worse than nothing. It was objected
at the first that this trial should have been in
London, and certainly the result has proved the
truth of the allegations of the demurrers. If when
our soldiers are wronged they and their friends
can receive no better satisfaction than this we may
as well live in the strongholds of despotism, and
submit to the stringent decrees of tyranny. It is
not in accordance with the spirit of a free country
that such an inquiry as that which has just been
instituted should terminate after this fashion. It
would be difficult to determine on what pretext the
Court can fully and honourably acquit the Colonel.
One thing is certain, the public will not long
remain quiescent if such is to be the management
of our army. The upholders of precedent, and the
favourers of redtapism may go too far.. If such was
to have been the ruling spirit that influenced the
trial, the nation might as. well have been spared the
expense of it. It does not appear that there is any
substantial difference between the details of the
case as related in the house and as testified at
Aldershot; the diiference consists in the manner
in which they w ere received. The members of
both houses of the Legislature were indignant
at the recital. The Court appears to have
reserved its censure for the witnesses of the prose-
cution. The only consolation is that the adage may
prove true which says that, " out of evil cometh
a.nd that some sweeping changes may be
made and extensive alterations instituted in
the mechanism and management of our army.
If such results should follow, all the sufferings of
LILLEY will not have been in vain, and his death
may not be altogether so deplorable an affair to
reflect upon as at present. It would be difficult
to say whether the course adopted by the autho-
rities is more unfair or impolitic, but the feeling
of the English people, so strong against all op-
pression, will never sanction its infliction on the
brave men who go forth to swell the ranks of its
army. If this affair is settled by head quarters,
it is in a mariner which makes it worse than
before, for the authorities have gone out of their
way to bestow approval in a case which had
called forth unmitigated censure, and given rise
to feelings of universal indignation. This is not
the way to serve the interests of the army, or to
maintain the principles upon which all laws
should be founded; neither will such decrees gain
the respect or confidence of the country.

The latest intelligence from Denmark is of con-
siderable importance, and confirms the worst fears
of the friends of Denniark ; while the conduct of the
English Government, as represented by the pub-
lished telegrams, is in the highest degree discredit-
able and dangerous. " Russia and England," it is
said, "continue to exercise a pressure upon Den-
mark." Why has England identified herself with
Russia when the interests of Russia are openly
opposed to the strength and independence of any
Scandinavian Power ? Both Powers represent that
Prussia insists upon the abolition of the November
Constitution, in default of which she will withdraw
from the London Protocol of 1852, whereby war
might ensue. Prussia insists. It is something new
that one party to a treaty or a deed of ar.y kind is at
liberty to read it according to his own interests, and
that the others are to admit his right to such deci-
sion. The pretext for breaking a solemn national
obligation made but a very few years back, and
fresh in the memory of every one concerned, has, as
we prophesied, been easily found, and Prussia now
looks forward to making a comfortable addition to
her dominions after the fashion of Posen, Silesia,
and other of her provinces. She sees little in her
way ; and if she ever feared English opposition to
her ambitious schemes, she need do so no longer.
England and Russia, we learn, have declared that,
in case of war, they would not assist Denmark.
This is plain speaking; and henceforth treaties
drawn up under the superintendence and with the
sanction of English Ministers may be held as so
much waste paper. This is indeed a lame and im-
potent conclusion to Lord PALMERSTON'S out-
spoken words in the British Parliament—words
which have proved to be mere empty sound. Such
a course is opposed alike to English feelings and
interests, and is part, we suppose, of the new sys-
tem of foreign policy, which may henceforth be
known as the RUSSELL code,. If Prussia is to be
suffered to withdraw from the Treaty of 1852,
and to make war upon Denmark be-
cause she refuses to abandon the Constitution,
universally popular among her people because the
English Government refuses to support its ally,
the last shadow of our old prestige abroad will be
gone, and henceforth Prussia herself may be more
feared than England. At Copenhagen meanwhile
affairs are in a state of most anxious uncertainty.
The KING wished to obtain a suspension of the
obnoxious constitution, and proposed assembling
the Rigsraad, just prorogued, for the purpose of ob-
taining their sanction to such a measure. The
Ministers, of whom the able and patriotic M. HALL
is President, refused to assume the responsibility of
such a step, and declared that they would accept
war in preference, even should Europe leave Den-
mark unaided. The Ministers were probably in-
fluenced by the consideration that no concession
on their part short of a completes abnegation of
Danish autonomy and independence would satisfy
the greed of Prussia. Every point yielded has been
the signal for a fresh demand. The withdrawal of
the patent of March is followed by a demand for the
abolition of the November constitution—the evacua-
tion of Holstein is the forerunner of a threat to
withdraw from the treaty which guarantees the
King's succession. Prussia knew what she was
doing even when her proceedings seemed most
reckless and defiant, and counting on England's
lion-intervention, except for moral pressure on Den-
mark, she has advanced step by step in her demand.
The Danish
Ministry, owing to this difference with
the Xing, have tendered their resignations, which
have been accepted, but his Majesty has yet
been unable to
supply their places. The
resignation of the Ministry of M. HALL is a
national loss, inasmuch
48 he possesses in

a high degree that firmness and patriotism so essen-
tial at this crisis. We cannot but hope that the old
Ministers will resume their offices, and that King
CHRISTIAN will not add to the difficulties and cam-
' plications which beset him on every side by the
selection of new and untrained advisers, Hol-
stein is, of course, enthusiastic, not being wise
enough to see that the other members
of the German States are not all so very well con-
tented with their rulers and their Governments,
that they should be objects of political envy.
Prussia herself is a curious specimen of model inter-
nal organisation, and the idea of her Ministry taking
up the cause of disaffected subjects and pleading
misgovernment as an excuse for intervention, would
he ludicrous, if it were not so serious. It is an
instance of the old adage about Satan reproving
sin, and Herr Von BISMARK had better remember
that he is setting a somewhat dangerous example.
Prussia, by her present conduct, is incurring a
real danger. Though England may refuse to recog-
nise every obligation, there is another. great
Power less timorous of war, who may find in the
" idea" of Danish independence the pretext neces-
sary for an amalgamation of the Rhenish
provinces with the domains of the Emperor
of the FRENCH. Prussia is rushing headlong into
war, not foreseeing what that war will probably
bring for her. Her English friends, wiser than she
is herself, are anxious to preserve her from such a
risk—more anxious than they are to maintain the
honour and fulfil the duties of their own country.
But this may be carried too far. Whatever may be
Lord RUSSELL'S theories, however much we may be
bound by diplomatic entanglements or dynastic
alliances, the total abandonment of Denmark will
not be permitted by the English public. The voice
of popular indignation will make itself heard even
by courts and cabinets, and the approaching sea-
sion will put some awkward obstacles in the way
of Prussian aggression and Whig subserviency, if
it reflects in any degree the sentiments of the nation
it represents.

MR. JUSTICE SREE,

(From the Law Times of to-clay.)

Lord Westbury has done a great deal more than
given us a good Judge—he has affirmed a great
principle, and established a precedent. It is now
declared, not in words only, but by act, that reli-
gious creed shall not bar the path to professional
promotion—that English lawyers shall be free to
worship God after their own fashion, without being
therefore subjected to exclusion from the honours
they may win by their ability and social worth.
Let all due praise be given to Lord Westbury for
this achievement. It was not an easy one; it required
some moral courage, for influential remonstrants
were at his ear, and a numerous class among the
uncultivated public were sure to be wrathful. But
he has already reaped the reward of his resolve to
follow the dictates of his own tolerant, because
larger and well trained, intellect; the praises that
have been awarded are much greater, and the abuse
really less, than could have been anticipated. All
the journals whose praise is worth having, without
distinction of party, have raised a shout of applause,
avowedly because they look upon it as the confirma-
tion of the principle of religious liberty; while the
only fault finders have been the few narrow-minded
organs of readers still more narrow-minded than
themselves, and even they have muttered feeble
complaints with bated breath.