The Sun.
London, England, 1863-02-12 00:00:00

*Alexandre Herzen's oumal, published in London.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—It is painful to find that the reign of an
Emperor who has conceived and carried out the
emancipation of the serfs throughout his dominions
should be disgraced by the acts that are openly
charged against the Warsaw Government. It is not
merely a question of nationality, it is not whether
Poles should lire under the sceptre and serve in the

armies of a foreign master, but whether they should
have the rights which humn beings possess even
under the tyrants of Central Asia. The friends of
the Russian Government are already beginning to
excuse it at the expense of the instruments which it
employs in Polish administration. It is said that
the military governors to whom the management
of nffairs has been committed for some time are men
full of the ideas of the past, and accustomed to look
upon every Pole as a rebel whom it is useless to con-
ciliate, and whom power must suppress, or be con-
tent itself to perish. Old officials, and the wretches
who do the worst work of a police, have it is alleged
misunderstood tho spirit of the Czar, and without
his knowledge instituted a reign of tyranny iu Po-

land. We do not believe in this defence, but the
fact that apologies are offered is a proof that the
scandals of the Administration make even the go-

verning body in Russia ashamed. And there is good
reason. Unless all that reaches us trom Poland be a
fabrication, the conscription as practised there of
late has been an iniquity surpassing anything told
of Christian Governments in this age. It is bad
enough for the youth of a country to be taken
against their will to serve, not in their own land or
in a neighbouring dependency, like the French, not
in defence of their homes or for a cause dear to them,
like the Germans or Italians, but to march off
thousands of miles, to fill up the wasted regiments
by which a merciless policy is ever seeking to
advance the Russian frontier. But there might
even in such a case be contentment and resigna-
tion if the conscription were a fair one. If the
kingdom of Poland gave its share of victims together
with the rest of the empire—nay, if the selection
were just even within its own limits, there
might be some possibility of submission. But it
is solemnly asserted, and we believe with the most
complete truth, that the conscription has been sys-
tematically made a machinery for picking out and
carrying into lifelong servitude every young man
who showed the genius, the energy, or the promi-
nence of character which the police considered
dangerous. This accounts for the statement that
the last conscription has been more felt by the citi-
zens than the peasantry. In the towns of Poland
are, of course, to be found those who have been
most affected by the great events which for the last
15 years have been passing in Europe. In spite of

Imperial neglect, education has advanced ; in spite
of discouragements and actual prohibition, that
education has taken a national—the Government
would eay a revolutionary—character. The Govern-

merit cannot repress thought on political matters,
except by showing Polish society that to be sus-
pected of thinking is fatal. It is almost acknow-
ledged by the Government that the conscription
has been used as the means of carrying off the most
dangerous young men in Warsaw. To make sure
of the revolutionary leaders, the authorities deter-
mined on selecting every man who wes at all con-
spicuous for ability or attainments of any kind. We
are told that in Warsaw " very many students of
law, medicine, and theology were taken to the
citadel during the nights of the 21st and 22d of
January. Two thousand conscripts were levied in
Warsaw, though the city has no more than 160,000
inhabitants." Who can wonder, then, that the popu-
lation has flown to arms P Probably the inhabitants
of the capital and the large cities began the move-
ment as the only chance of safety to themselves, but
it is evident that the whole kingdom, proprietors,
traders, peasants and all, are now in rebellion.
Again, the priests are at the head of the movement,
which shows that it has nothing in common with the
revolutionary movements of Western Europe. In
short, it is a thoroughly national rising, and the
Catholic priests are impelled both by their patriot-
ism and their jealousy of the almost forcible con-
versions made by the Imperial Church to take part
with their flocks. The insurrection can only be
brought to an end by two means—either a long and
merciless conflict with the rebels, or such a change
in the administration of the kingdom as may con-
tent the Poles and regain for the Emperor the
esteem of Europe. On the first alternative we will
not speculate. But we do hope from the character
of Alexander 11. that he will not think fit to renew
the horrors of 1830 before the face of this genera-
tion. Such an outrage would justify the cessation
of all cordiality between his Government and those
of Western Europe, and would probably isolate
Russia, if not from the Soiereign, at any rate from
the Legislature and people of every csnstitutional
State. Even the partners in the work of Polish
spoliation have made some reparation to the people
they ruined. Galicia has been fairly governed by
Austria, and is now one of the least discontented
provinces of the Empire. Prussian Poland has its
deputies who oppose their flighty King with as
much boldness as any German on the benches. The
Sovereigns of both these States are, no doubt, de-
sirous to see matters go as smoothly as possible
with their Imperial brether ; but should he out-
rage too much the conscience of the world, they
may be forced by the opinion of their subjects to
join in condemning him.

DAILY NEWS.—What is the use of Royal Com-
missions ? They cost a great deal of money—they
are excellent means for shelving an inconvenient
subject for a season ; but they seldom lead to any
prac.ical results. The first thing that a responsible
Minister does with any report which does not agree
with his own opinions, or with the traditional
opinions of the office over which he presides, is to
throw doubts upon the soundness of the conclusions
of the report, and sometimes even to direct his sub-
ordinates to collect evidence in contradiction. Royal
Commissioners have lately reported on the Concen-
tration of Law Courts, on the Education of Pauper
Children, and on Educational Charities. These
investigations have occupied in some cases years,
and have absorbed many thousands of the public
money. The legislation of last s ession did some-
thing to carry into effect the recommendations of
the Education Report. But as for the Concentration
of the Law Courts, the Education of Pauper
Children, and Educational Charities—these subjects
seem to be practically abandoned. To those who
take an interest in the subject of Charities it is
satisfactory:that so competent an authority as Lord
Wrottesley should have brought it before the House
of Lords; bat it is far from satisfactory to find that
the Government intend to do nothing in the matter.
It might, perhaps, be supposed that after the sub-
ject had been so thoroughly ventilated, public
writers who pretend to enlighten the public, would
have taken the trouble to inform themselves, by
reading that chapter of the Education Commis-
sioners' Report which refers to this special matter,
before attempting to criticise it. If there is one
thing which the Report deals with more elaborately
than another, it is with the question as to the body
that ought to be endowed with power to reform use
less foundations. It has been calculated that the
value of all the property devoted to charity is be-
tween seventy-five and one hundred million pounds
sterling ; and of this vast sum part is wasted on
schools which have no scholars or incompetent mas-
ters—on objects which have absolutely failed, or
which are actually demoralising the people. In one
single case there is a sum of more than one hundred
thousand pounds which has accumulated, and yet
there is no object to which it can be applied con-
sistently with the terms of the original gift. Are
these enormous sums to lie idle, or to be applied to
useless objects, or what is to be done with them ?
At present there is no power which can deal with
such charities, and certainly one of the most impor-
tant and difficult problems which the Education
Commissioners had to solve was that of ascertain•
ing.where the power of remodelling charities ought
to be vested. Vested somewhere it must be, for
otherwise large sums of money devoted to charity
must continue to lie idle, or be used actually to
promote demoralisation. Now, if there was one
body to which this power could not be entrusted,
it was the Court of Chancery. From the time
when Lord Brougham's Commission was appointed,
more than thirty years ago, until the present
moment no difference of opinion has existed on

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this point. And yet a contemporary, with a forces have been directed to more important dis-
forgetfulness of ordinary facts which is amaz- tricts, in the certainty that the issue of the war. In
ing, solemnly suggests that this tribunal no way depends on any operations which may be
should be invested with additional powers in carried on to the west of the great river; and if
order to remodel useless charities. The rea- beaten in Virginia and Tennessee and Federal_
sons which have induced every person who had forces must be withdrawn or expelled from the
considered this subject for a moment to reject the States of Louisiana and Arkansas, and probably
idea of calling in the aid of the Court of Chan- from Missouri. If Grant and Rosencranz should
eery are simple and conclusive. In the first place, be thoroughly defeated it is probable that within
the Court of Chancery is too expensive. It must two months New Orleans would be the only point
be remembered that out of 28,880 charities there west of the Mississippi and south of the Missouri
are 17,972 under £lO a year, with an aggregate that would remain in Federal hands. And no
income of £58,187. And when it is added that defeats will induce the Confederates to listen to.the
in the opinion of Mr. Senior, himself once a terms suggested while they can possibly keep an
Master in Chancery, "the instant a charity not army in the field. 'The fall of Richmond, Charleston,
exceeding £3O a year becomes the subject of a and Mobile, would not oblige them to cede a single
suit it is gone; one of £6O a year is reduced one State that has once joined the Confederacy; and if
half; one of £lOO one third "—the absurdity of they were no longer able to do more than maintain
invoking the aid of the Court of Chancery in such a guerilla warfare that warfare could be main-
cases becomes obvious. Indeed, as Mr. Senior tained even more easily and effectively on the
says, "the prudent friend of such a charity will western than on the eastern bank of the Mississippi.
submit to see it mismanaged to any extent short
of the destruction of all its utility, rather than
risk its ultimate annihilation by the ruinous pro-
tection of the Court." If any further evidence
were required of the extravagance of the Court
of Chancery, even under the present reformed
system, or of the folly of investing it with addi-
tional powers to deal with charities, it is furnished
by Mr. Erle, the Chief Commissioner of Charities,
Mr. Martin and Mr. Hare, both Chancery bar-
risters and Charity Inspectors. The mere appoint-
ment of new trustees has cost near £BOO, and in
the "Attorney-General v. Corporation of Ludlow"
the costs amounted to £20,929. The second rea-
son for not investing the Court of Chancery with
any new powers in matters of charity is that the
Judges of that Court are incompetent to deal with
such subjects. These magistrates, however learned
in the maxims and precedents of law, cannot be
expected to have studied, or to have arrived at
any concurrence on, the more difficult principles
of social science, or on their practical applica-
tion. Indeed, they naturally shrink from resort-
ing to such principles as too speculative allies for
positive jurisprudence. Mr. Hare, himself an
eminent Chancery barrister, and an Inspector of
Charities, has spoken in the strongest terms of the
incompetency of the Equity Judges to remodel
charitable foundations. Although there is a sum of
£3,000 a year in St. Dunstan's-in-the East which is
totally unappropriated, Mr. Hare urged that no ap-
plication should be made to the Court of Chancery
for a new seheme. He said, " The constitution of
that court makes it the proper authority for enforc-
ing the execution of trusts, but not for solving the
problems in moral science, or determining the great
questions of charitable economy." " Even," he adds,
if it possessed materials for this great function, the
subjec` is only presented to it in a detached and
unconnected form, which renders it impossible for
the Court to lay the foundation of any great insti-
tutions for the moral advancement of the poor and
ignorant classes." This is not mere theory. The
action of the Court of Chancery iu matters of charity
has always led to the most disastrous results. Under
the scheme settled by that court a whole parish in
Herefordshire has been demoralised. In the case of
Sir W. Perkins' School at Chertsey, the Court of
Chancery settled a scheme, in 1819, at the cost of
£2,898, which was so absurd that it has never been
carried into effect. And the same thing occurred
at Ludlow, where the scheme proved to be in3prac-
Usable. At Exeter there is a very large sum an-
nually devoted to charity—more than £l,OOO a
year; but yet so incompetent is the Court of Chan-
cery considered to deal with these funds satisfac-
torily that they are still administered without any
definite scheme. And no wonder, for we are told
that in this very city of Exeter the court, instead of
enlarging, has sometimes narrowed the scope of the
original gift ; that gifts have been appropriated to
particular trades which have since migrated from
Exeter; and that the trustees are now, in fact, as
much hampered by the restrictions of the Court of
Chancery as they were once hampered by the terms
of the original foundation. In fact, experience has
proved that the interference of the Court of Chan-
cery is a positive evil ; and that if charitable foun-
dations are to be utilised, some other tribunal must
be appointed to deal with them. It is not our pre-
sent purpose to discuss what that tribunal sbuuld
be; but it is important that the public should be
misled by the ignorant suggestion that the Court
of Chancery is that which ought to be invested
with such powers. It will be as rational to invest
the Equity Judges with the nursery arrangements
of infants because it manages their property, as to
invest them with the power of re-modelling chati-
table trusts which have failed.

It would be quite as easy for the Federal Govern-
ment to conquer the whole of the South as to con-
quer those states whose natural character and half-
desert condition make them far more defensible
than their sisters on the Atlantic seaboard; quite as
easy to subduc. Virginia and the Carolinas as to com-
pel the submission of Texas and Arkansas. And.
thevery reasons suggested by the writer as justify-
ing his proposal—the helplessness and insignificance
to which it would reduce the Confederate States—
make it clear that those States will never consent
to be so divided. They must be conquered altoge-
ther. No middle term is possible. Again, the Fe-
deral Government has no right whatever to the
States west of the Mississippi, and the Confederate
Government has no right to cede them. Texas,
Louisiana, and Arkansas are members of the Confe-
deracy ; the two former were among the seven
earliest seceders, and all the three are as completely
Southern and as bitterly hostile to the North as South
Carolina herself. Whatever right the Lombards have
to be free from Austrian tyranny ; whatever claim
the Greeks have to national independence ; whatever
right any people has to be rid of a yoke which it
abhors, and a connection with its most detested
enemies, that right, and a still stronger right, have
the South-Western States to be for ever released.
from the Union—stronger, because they have on
their side not merely the natural rights of a people
willing and able to maintain its f-eedom by the
sword, but the legal rights of sovereign and inde-
pendent communities. It is not our business to
liberate them any more than it is our business to set
Poland free from Russia, or to drive the Austrians
out of Venice, but to suggest that any influence or
sympathy of ours should be lent to those who desire
to reimpose on them a hated yoke is like asking us
to restore Lombardy to the Austrian, or to give our
moral support to the system which has driven the
Poles into a desperate insurrection. Finally, it is
impossible that any arrangement could be durable
which should leave the North in possession of any
one of the States forming the Southern Confede-
racy, or of any portion of those States, except, per-
haps, Western Virginia and Eastern Tennessee.
Missouri and Kentucky, Maryland and Delaware,
might, after half their population had been driven
into exile, be colonised from the North, and remain
tranquil in their connection with the Union. But
Arkansas, Louisiana, Texas, and the territory of
New Mexico, are thoroughly and completely South-
ern—Southern by climate, by institutions, by race,
by interests, and by passion ; they never could be
persuaded to remain in the Union as States, for their
State authorities, chosen by the people, would be
for ever in open resistance to the Federal power,
and for ever passing ordinances of secession; they
could only be held as subject provinces, and then
only by the sword.

COUNTRY MARKETS.

,►}---------

LYNN-TUESDAY.

We have to report an average show of wheat, and the
value was is per qr less, with a moderate demand. Barley
is dearer.
"W hite .. 508 to 53s 1 Barley 38s to 39e
Red .. 49s to 518 1 Grinding .. 32s to 338
Beans .34s to 40s Oats .22s to 258
New -s to s Peas —s to —S

HERALD.—It is, we think, at leaet 12 months
since some of our most impartial contemporaries
urged that the North, abandoning the hopeless
attempt to subjugate the Confederate States, should
confine itself to the more possible endeavour to se-
cure a good boundary; should, at least, admit to
itself, if not proclaim to the world, that it must
hope and would fight only for a frontier. A long
series of defeats and disasters has induced the more
judicious friends of the Northern cause to look on
this advice with less disfavour than they at first
felt towards it ; and we have now before us a little
pamphlet embodying their idea of the frontier
which their clients should demand, and which
Europe ought to extort for them, since they cannot
possibly obtain it for themselves. We cannot com-
pliment the anonymous writer either on the ori-
ginality, the ingenuousness, or the good sense of
his proposal. The frontier which he has traced on
the map annexed to his two or three pages of ad-
vice is the same that was suggested some months
ago by at least one newspaper devoted to the Fe-
deral party ; the map is so unfairly drawn that no
one would guess from it that Texas is an organised
State and one of the most important members of
the Southern Confederacy ; and the suggestion that
Europe should recognise the Confederate Govern-
ment only on condition of the cession of two-thirds
of its territory, and the insinuation that European
influence should be used to compel its acquiescence
in such terms, are simply and utterly absurd.
The frontier proposed is defined by the Missis-
sippi, the Cumberland River, the range of moun-
tains which divides North-Western Virginia
from the rest of that State, and the Potomac. It
would give to the Federal Government the States of
Missouri, Arkansas, Louisiana, Texas, and Ken-
tucky, with portions of Virginia and Tennessee, and
the territories of New Mexico and Arizona, besides
the States of Maryland and Delaware, which it at
present holds by sheer force, and would surround
the Confederate States on every side with the domi-
nions of a hostile and an aggressive power. The
proposal is made and defended chiefly on the ground
that it would thus injure and imperil the rising na-
tion—a nation with which, for many reasons both
of policy, interest, and sympathy, England should
desire to be on good terms ; and though the proposer
pretends to impartiality his one object evidently is
to make the successful and peaceful development of
Southern resources impossible, and to strengthen as
much as possible the worst enemy of Great Britain
and the most inveterate disturber of the peace of
the world. It is open, besides, to three conclusive
objections—it is impracticable, it is immoral,
and it could not establish a lasting arrangement.
It is impracticable, because no European power
will ever intervene to assist the North in establish-
ing its authority over a vast territory whose popu-
lation is intensely hostile to Northern rule, and
because the North has not the least chance of
conquering that territory by force of arms. The
Federalists have been driven from their foothold
in Texas ; they have nothing more than a foothold
on Louisiana and Arkansas; and they have not a
secure possession even of Missouri and Kentucky,
It is true that they have the power to ravage and
plunde; the plantations along the banks of the
Mississippi in Louisiana and the neighbouring
States, and that the marauding expeditions of Gen.
Butler have spread devastation and anarchy over a
very considerable portion of the former country. It
is true that New Orleans is in their hands, and that
while the war lasts, and they retain possession of
the sea and the lower part of the river, the Crescent
City cannot be wrested from them. But they do not
govern in Louisiana ; they are there not as rulers,
or even as conquerors, ha simply as invaders; and
the only reason wby their invasion has not been
more effectively resisted is thttt the CePfedErat(.