The Sun.
London, England, 1863-11-24 00:00:00

THE SUN, LONDON, TUESDAY EVENING, NOVEMBER 24, 1863.

no further fight out of them." With such troops
as he had Gen. Longstreet then addressed himself
to the task of driving his enemy from the final posi-
tion which he had chosen, and here the struggle
became fearful. In the first place Kershaw, of
M'Laws' division, attacked in front and was repulsed.
A similar fate at first was encountered, though only
for a brief season, by Gen. Hindman. It was at this
moment that Gen. Longstreet directed Gen. Pres-
ton's fine division, most of it engaged at Chicka-
mauga for the first time, to support Kershaw in
front, while a portion of its numbers swept further
round the hill, and took the enemy in flank. There
are in this Western army two Kentucky generals,
neither of them bred to arms, who have gained re-
putations which will outlive those of many of their
military confreres—l mean Gen. Preston and Gen.
Breckinridge. The history of the latter, previous
to the war, is well known to all Englishmen who
take an interest in American affairs; nor is it likely
that Gen. Preston, though less well known, will be
forgotten by those who made his acquaintance when
United States' Minister to Madrid, or during his
visits to England. His bearing on the slope of
Missionary Ridge, under the setting sun of the 20th
of September. will, if ever the American war be-
comes
really historical, rank with that of Dessaix
recovering the lost battle of Marengo, or with any
other famous deed of arms ever witnessed upon
earth. Slowly and under a withering fire, one of
Gen. Preston's brigades, commanded by Gen. Gracie,
and fighting its first pitched battle, deployed into
line. As ,they ascended the hill they reeled and
staggered under the iron tempest which rent them,
and Gen. Gracie, turning to Gen. Preston, exclaimed
in agony, "We are cat to pieces." Calm as though
he had seen a hundred fights, Gen. Preston replied,
" You have not suffered half such a loss as my
brigade sustained at Murfreesboreugh ; tell your
men to fix bayonets, and take them at it again."
The order was given, and nobly was it obeyed.
Right up and over the slope they went ; their com-
rades swept up on the Federal flank ; Hindman and
Kershaw gallantly did their part ; simultaneously
the Confederate right, long inactive, again advanced
and drove the Federals, weakened by the reinforce.
ments sent to their right, from their works. The
whole of Missionary Ridge was gained, and the
Federals, in one long, confused, huddled mass, burst
down the ridge, through the little village called
Rossville, and along every other road and bypath
they could find, and never stopped until theyreached
Chattanooga. One trophy of the desperate strife is
proudly shown by General Gracie's: men—the flag
of an Alabama regiment, pierced by 83 bullet holes,
the flagstaff severed in three places, but carried to
the last by the same colour-sergeant, who still sur-
vives to wear the honours and enjoy the commission
which he has so nobly won.

I have neither space nor heart to point out how

this majestic victory—the work (as every General
of the many I have spoken to loudly avows) solely
of General Longstreet—might, if General Long-
street had been in supreme command, have been
converted into a " crowning mercy." Fresh troops
upon the night of the 20th and morning of the 21st
came up by shoals ; the Yankees had few works in
Chattanooga ; if pursued they would not have
stopped short of Nashville. It required only two
unmolested days to give them fresh heart, as their
fine position at Chattanooga, in the bend of the
river, grew stronger and stronger while they lustily
plied the spade, and General Bragg looked on from
Missionary Ridge. Two days after the battle it was
agreed unanimously by a council of war that the
Confederate army should strike en masse in the
direction of Knoxville. But scarcely had the
Division Generals commenced the execution of this
resolve, when couriers from General Bragg an-
nounced that he had changed his plan, and the
army sat down, and has continued for nearly three
weeks enveloping the town of Chattanooga and the
treble Yankee lines which surround it.

OCTOBER 9.

The arrival this day of President Davis on a visit
to the army of the West, the loud and scarcely sup-
pressed murmurs which, whether deserved or not,
disqualify Gen. Bragg from handling successfully
generals and soldiers who have manifestly no confi-
dence in him, have led to a general anticipation of
change in the command of this army. But, for the
present, there are no immediate symptoms of such
a change, or of activity in this army's operations.
Many of your readers must be familiar with the
beautiful view at Eberstein, in the immediate neigh-
bourhood of Baden Baden, up the valley of the Murg
and over the forests in which it is by some supposed
that the legions of Varus perished. Not by any
means dissimilar, though far larger in its propor-
tions, is the view discerned from Lookout Mountain,
which looms up on our left, and from which you
look right down into the Federal works around
Chattanooga. Far in the distance, like a silver
thread, winds the sinuous Tennessee River, while

from the rock upon which you stand, called Point
Lookout, not more than 30 years ago the Indian
savage used to watch his opportunity of attacking
the fiat boats as they descended the river—a wilder
barbarian, but by no means a greater rascal, than
the robbers of the Rhine, who 300 years ago watched
from their eagle's nests and craggy castles, with a
view to exacting toll from the boats that floated
down the stream. I have seldom looked upon a
fairer scene. The intense blue of the sky, the
glowing tints of an American autumn, the brilliant
atmosphere and vivid light, and in the far distance
the peaks of a hundred noble mountains, some of
them riven, or, as the French would say " tor-
mented," and twisted into gaunt shapes and pos•
tures, are such as to defy description. Then the

effects of light and shadow, and the contrasts of
colour are startling beyond anything I have ever
seen, because in Europe there is no mountain scenery
which is lighted by such a sky and sun as are familiar
to all in North America. Here the square, solid front
of a mountain juts out in a flash of golden hue
against the flank of another embosomed in woods
and dyed in dark green and purple; there floating
shadows, the reflection of casual clouds, scud across
the landscape, until they have coursed away far out
of view. Night falls, and a sight more full of a
painful interest than any of nature's wonders strikes
upon the eye. Two eections of a mighty nation,
lately brothers, but now for ever divided by an ocean
of blood, are lying in their long lines of battle,
clutching the weapons with which they seek to re-
new their envenomed and fratricidal strife, and
marking by their camp fires the narrow strip of
darkness which divides them from each other. And
here, among these lovely mountains, in scenes from
which a quarter of a century ago the barbarian was
ignominiously "crowded out," have civilised men
come to boast their civilisation by imbuing their
hands in the heart's blood of their brethren.
It is not my impression, judging from the Federal
camp and its tents, that a very large army of
Federals is now lying before us. There are many
methods by which a master of the art of war, such
as Wellington, might force upon General Rosencranz
an evacuation of Chattanooga, or impose upon
him the necessity of attacking the Confederates
in his front. But I will not enter upon this sub-
ject. Suffice it for the present to say, it is hardly
probable that the inaction of these two armies can
much longer continue. If General Bragg is dis-
placed, immediate activity on the part of the Con-
federates will, if I mistake not, be resumed. If the
Confederate army continues to lie in its present
attitude, General Rosencranz will probably attempt a
diversion, by moving some portion of the large rein-
forcements which are joining him upon the left flank
of his opponent's army.

MRS. NORTON'S " LOST (AND SAVED" has been
translated into German by Frederick Seybold, and published
at Leipzig.

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THE SCHLESWIG HOLSTEIN QUESTION,

The following is the text of the protest commu-
nicated by the envoy of the Grand Duke of Baden
to the Federal Diet. The Grand Ducal envoy is
charged by his Government :-
1. To inform the Germanic Diet that the hereditary
Prince Frederick of Sehleswig-Holstein-Sonderburg-Au-
gustenburg has notified to the Grand Ducal Government
the taking possession by him, as Duke Frederik VIII. of
Holstein, of the succession created by the death of the
King-Duke Frederick VII,, in the federal countries of
Holstein and Lauenburg.

2. Considering that from the former precedents brought
to the knowledge of the German Governments and the high
Federal Assembly an opposition to the legitimate right of
succession in the federal countries of Holstein and Lauen-
burg may probably be raised in another quarter, to make
the following motion :

May it please the Germanic Confederation to guarantee
and protect the legitimate right of succession in the Duchies
of Holstein and Lauenburg, as well as the rights of the
federal countries which are connected with this right, and
which may be called in question in consequence of the
change of reign which has taken place, and that without
permitting that the said right of succession be in any respect
injured.
To immediately deliberate with this object on the means
by which, in case of need, the Germanic Confederation can
defend and put in force the rights in question.
The Grand-Ducal and Ducal Houses of Saxony
make this motion :

May it please the High Federal Assembly to decree as

follows :

That measures be taken into consideration which, under
present circumstances, Shall appear opportune to it to gua-
rantee, in consequence of the change of Sovereign which
has taken place in the kingdom of Denmark, both the
rights of the countries which have hitherto formed with
that kingdom one monarchy, and the rights of the Ger-
manic Confederation in their totality.
These Governments adduce besides the following
proposition

" That in no case will the High Federal Assembly, before
a resolution has been taken by it on this subject, tolerate
any act whatever by which the present'King of Denmark
would constitute himself, in presence of the Germanic
Diet, Duke of Holstein and Lauenburg, consequently that
the High Assembly does not recognise, and does not under
any circumstances admit, an envoy to the Diet appointed
by the reigning King of Denmark for Holstein and Lauen-
burg.
The Governments of Saxe-Weimar-Eisenache, of
Saxe-Meiningen, and of Saxe-Altenburg protest
solemnly against every act of this kind.

The aforesaid Governments believe themselves the more
bound to formulate this protest as, for the present, and
without prejudice to the eventual right of third parties,
Prince Frederic of
tShcehyl e s acknowledgeig- l lst ein gustvnburg as legiti-
mate Duke, by right of succession, of the Duchess of hiol-
tstdeternru
stein and Schleswig.
The envoy of Saxe-Coburg-Gotha is charged
solemnly to protect the rights of the very august
House of Ercestine bf Saxony to the succession in
the Duchy of 'Altenburg, and to make the following
motion

Whereas his Highness the Duk© of Saxe-Coburg
Gotha has recognised the hereditary Prince Frederic of
Schleswig-Holstein, of the line of the Augustenburg, as
Duke of Schleswig-Holstein; and whereas, notwithstand-
ing this, the former envoy of the august deceased, Frede-
ric VII. of Denmark, Duke of Holstein and Lauenburg,
has appeared in the Diet, the ducal envoy is compelled to
solicit the dismissal of the Danish envoy, and to protest
against his pat ticipation in the debates of the Diet ; and also
in case another prince than the aforesaid Prince Frederick
of Schleswig-Holstein should raise claims to the succession
in the Duchies, to propose to the Germanic Diet that the
Confederation, by virtue of the obligations furnished in
the fundamental laws, protest, and, if need be, put in
force, by the necessary means, the right of Prince Frederic
as Duke of Schleswig-Holstein.
The German papers received yesterday are busily
occupied in discussing the affairs of Schleswig-
Holstein, and contain opinions and narratives of
occurrences drawn from all sources with a view of
showing that the Duke of Augustenburg is the
rightful heir to the Duchies. A few extracts are
selected.

The Frankfort Gazette of the 18th inst. says:—
At the commencement of the sitting of the Legislative
Assembly to-day Dr. Stern moved the following resolution
—" That the Legislative Assembly should urgently request
the Senate to pronounce the recognition of the hitherto
hereditary Prince as the actual Duke of Schleswig-Holstein
and Lauenburg, and that this recognition should be most
urgently brought forward and supported in the organ of
the German Federation by the representative of the Free
City of Frankfort at the Diet." Dr. Stern declared that
the moment was now come when Germany should protect
the recognised and undoubted right of the Duchies, or it
must be given up for ever. Germany must fulfil its duty
and protect these German provinces from usurpation. The
Bund had never recognised the London protocol of 1852,
and had no right to receive a representative of the protocol
prince. It was the duty and the right of the Diet not o-mly
to disown but also to protect and guard itself against each
opponent whom it did not recognise, and who might make
an attack of any kind against it. If the Free City of Frank-
fort should make no motion, the Legislative Assembly must
exert itself for a cause which each German recognised as a
righteous one. Dr. Kugler supported the proposition, as it
was the duty of each German to maintain the cause. This
question would show whether German patriotism yet dwelt
in the hearts of German princes, The resolution was una-
nimously adopted.

At the sitting of the Diet on Saturday last many
propositions were made and documents handed in,
which, if they did not afford subjects for imme-
diate discussion, certainly increased the labours of
the committee nominated upon the subject.
Prom the banks of the Elbe we learn that the
greatest interest is felt as to the further progress of
events, and that an announcement of the intentions
of Prussia respecting the recognition or non-recog-
nition of Duke Frederic is anxiously awaited.
An Altona correspondent says :

Private letters from Copenhagen state that the English
and French Ministers Plenipotentiary urgently advised the
King to sign the constitution for Denmark and Schleswig ;
but that the King was mainly induced to do so by the re-
presentatives of the chief of the police of Copenhagen, who
declared that he could not answer for the peace of the city
if the signature were further delayed.

A letter from Kiel, of the 20th inst., says :
Public feeling is much excited here, but no disturbance
of the peace has hitherto taken place. On Wednesday
many patriotic men from all parts of the country were pre-
sent here, and among them were many deputies and repre-
sentatives of the Diet. In the evening about 200 of these
persons assembled, and made known that they were unani-
mously of opinion that the Estates should promote the here-
ditary right of Duke Frederic of Augustenburg, and
should take steps in the right place to support the cause
of the duke. The deputies drew up their proposition
yesterday, and in the afternoon those not resident at
Biel left by the railway, saluted by loud cheers from their
fellow members. During the day frequent conferences
were held amongst small bodies of the representatives and
deputies.

From Hamburg we learn that the following ap-
peal was being circulated in the Duchies :
Countrymen and Schleswig-Holsteiners,—lt has pleased
God to remove our King .Duke from this earth. The King
of Denmark, Frederic VII., is dead. Our legitimate duke
is now the hereditary Prince Frederic of Augustenburg.
The moment has now arrived in which the Duchies of
Schleswig-Holstein are legally separated from tho throne of
Denmark. Hold firmly to your rights.
From Hamburg we also receive the following
intelligence, dated the 20th inst :
A meeting, comprising more than 1,000 Schleswig-Hol-
steiners, partly residing here and partly in the Duchies, as-
sembled here yesterday evening, near the Holstein gate,
in order to discuss the questions affecting the Duchies,
and to pass resolutions thereupon. Prevented from hold-
ing their meeting at the place intended, they repaired to
another locality which was also near Altona, but here again
opposition was offered to their assembling. They only gained
their end by meeting in a third place, the 'Walhalla on the
Uhlenhorat (before the Ferdinand-gate, near the Alster).
The meeting lasted from 9 o'clock at night till 12, and de-
cided on the recognition of the hereditary Princo of Augus-
tenburg as Duke of Schleswig-Holstein, and afterwards
telegraphed the resolution agreed upon to the hereditary
Prince-Duke at Gotha, through the medium of the Coburg-
Gotha Minister, M. Samwer.
The Berlin Allgenteine Zeitung contains the fol-
lowing letter from Stuttgardt, dated the nth
inst.:—

The news from the north has created an extraordinary
excitement here. The name Schleswig-Holstein still enjoys
a popularity entirely its own, and public sympathy for the
country is maintained, and even from Suabia similar evi-
dences are apparent. The recent events, which at least
present the possibility of a favourable solution of the difli-

culaes, have powerfully contributed to kindle this feeling,
and now a ray of hope begins to shine again. When the
manifesto of the Duke of Schleswig-Holstein was made
known yesterday evening by a supplement to the Swabian
Mercury, a feeling of joy spread through the oity. A
meeting was immediately held, a committee was formed,
and it was resolved that the People's Assembly should be
convened for to-morrow, for the purpose of drawing up an
address to the Governmerit, requesting it to recognise the
duke, and to take steps for supporting him at the Federal
Assembly. In the meantime private circles are busy devis-
ing means to provide practical means for supporting the
right of the Duchies. The Chamber, which meets on Wed-
nesday, will immediately proceed with the subject. It is
stated that a meeting of the Privy Council took place yes-

terday, and that a deliberation was held in reference to the
Duchies. A declaration of the Berlin Diet is anxiously
looked for.

The National Zeitung of Berlin contains the
following:—
It is stated in several quarters that a lively diplomatic
correspondence is proceeding between the Governments of
Prussia, Austria, and those of the German middle States
on the subject of Schleswig-Holstein. Austria, as it is
known, has already often striven against the maintenance
of the Danish united kingdom, and Federal execution was
only a means to this end. The German Duchies should
maintain some such a position towards Denmark as Hun-
gary to Austria, or as Poland by the six points towards
Russia. The officious press of Vienna at first, after the
death of the King, indulged in sanguinary views. However,
in the latest Vienna journals a certain alteration of tone is
already perceptible, and with the incorporation of Schleswig,
sanctioned by the new King of the Danes, projects hitherto
supported by Austria lose all ground. The resolutions
adopted by the Vienna Court will depend in an important
degree on the attitude of Bavaria and Wurtemberg, from
whom Austria cannot wholly separate in the discussion
of this great national question. Bavaria, in respect of the
Glucksburg line, has just experienced in an important de-
gree the value which the Great Powers will attach to their
London protocol under certain circumstances.

A Vienna correspondent of the Cologne Gazette
asserts, however, that the Austrian Cabinet enter •
tains totally different views.
At a numerously attended meeting of the inha-
bitants of the second electoral district of Berlin the
following resolution has been adopted :

It is the imperative duty of the German people to take
immediate steps for the establishment of the rights of the
Duchies of Schleswig-Holstein, and especially so to act with
respect to the National Representation and Governments,
that these rights shall be forthwith practically promoted,
even by the use of arms.

The proclamation of Duke Frederic of Schleswig-
Holstein has been posted in the reading-rooms of
the Prussian Chamber of Deputies by the President
of the Chamber, to whom the proclamation appears
to have been forwarded directly.

LAW INTELLIGENCE —Yesterday.

VICE-CHANCELLORS' COURT.

THE CORPORATION OF LONDON V. THE GOVERNORS OF ST.
BARTHOLOMEW'S HOSPITAL.

This was an application with a view to raise and deter-
mine the question which has arisen between the corporation
of London and the governors of St. Bartholomew's Hospi-
tal as to the right of the former corporation to the appoint-
ment of the Mayor as president of the hospital. The ques-
tion arose thus :—ln 1861 Alderman Carroll died, and the
late Alderman Cubitt, then Lord Mayor, was elected presi-
dent of the hospital. He, as will bo remembered, continued
Lord Mayor (having boon elected for two years) until
November, 1862. He soon afterwards resigned his office as
alderman, and his resignation of that office was accepted,
and also of his office as president. In February, 1863,
he was, however, re-elected President. During the re-
sidue of the life of that respected gentleman, the ques-
tion now raised arose, which was in effect a question be-
tween "donation governors" and the corporation whether
the governors had a right to elect whom they pleased (from
among their own body) as president, or whether they were
bound to elect the Lord Mayor for the time being, or au
alderman that had passed the chair; and it was intended to
raise the question by quo ?oarranto. The lamented death
of Mr. Cubitt, however, prevented this, and created another
vacancy—and, as the corporation and the donation gover-
nors deemed this a good opportunity for raising the ques-
tion in this court, it had been arranged that it should be
raised by an application for a mandamus. On the occasion
when Mr. Cubitt was re-elected president, the then Lord
Mayor—Mr. Alderman Rose—was also a candidate. Notice
was given to the governors that the corporation elaimel
that he should be elected, and that therefore all votes given
for Mr. Cubitt would legally be thrown away. Hence it
will be seen that the present application was to the gover-
nors to admit Mr. Alderman Rose to the office of president.
The question turns upon the construction of the ancient
charters and "orders" of the hospital (which were set out
at length in the affidavit of Mr. Woodthorpe, the town
clerk)—and it appeared that it mainly turns upon the
"order" of the hospitals of King Henry VIII. and King
Edward Vl.—viz., St. Bartholomew's, Christ's, Bridewell,
and St. Thomas's, which ran thus :

"First, how manye governours shal be elected; the
maner of their election. The number of persons that shal
governe the said iiii hospital's shal be lxvi at the leaste ;
and xiiii of them to be aldermen (that is to say),—vi gray
clokee, and viii callabre with lii grave commoners, citizens,
and fremen of the said city—and ii of the aldermen of the
anncients gray clokes to be governors-generall of all the
said iiii hospitalls ; and other xii aldermen shall be divided
equally to the iiii houses—that is to say, for every house iii
aldermen, whereof one shal be a gray cloke, who shal be
their president."
The afflavit of the town clerk stated that "gray cloke"
meant an alderman who had passed the chair, or was Lord
Mayor at the time; and that, from a comparison of the
lists of presidents with the lists of aldermen and lord mayors,
it appeared that since 1554, the date of the above order

(which it was stated had never been rescinded) in a great
number of instances the president was qualified according to
that order, and that it did not appear that in any instance he
was not so. Upon this affidavit,
Sir Fitzroy Kelly, Q.C. (with whom the Common Ser.
geant, Q,C., Mr. Boyd', Q.C., and Mr. Archibald), moved,
on the part of the Lord Mayor and corporation, for a rule
for a mandamus to the treasurer and governors of " the
House of the Poor in West Smithfield, in the suburbs of
the city of London, of King Henry VIIL's foundation,"
commonly called St. Bartholomew's Hospital, to admit W .
A. Rose, Esq., to the office of president of the said house. Sir
Fitzroy stated the substance of the charters and orders, so
far as they bore upon the question, and said that no question
had ever before been raised as to the qualification of the
presidents being what the corporation contended. The re-
cords of the corporation had been diligently searched, and
no evidence was discovered tending at all to throw doubt
upon their claim.
The Court granted a rule nisi.