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. Longetreet 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
efinnt e t hd
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oenn;
most
oo
sn
tg sotfr ei et t
ednigr eacgteedd Ga
te ne.hPi
crke
for a brief season, by Gen. Hindman. It was at this
a-
a for the first time, t
while a portion of its numbers swept further
round the hill, moment
af or
ona
nn' s
front,
o support Kershaw in
and took the enemy in flank. There
are in this Western army two Kentucky generale,
neither of them bred to arms, who have gained re-
putations which will outlive those of many of their
military
cyqe,frres—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 cut 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 ei 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 visi
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 Varna perished. Not by any
means dissimilar, though fir 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 flat 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 filnk 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 sections 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 Rosencranx
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 Rosencran z 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 jAND 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. 1:o inform the Germanic Diet that the hereditary
Prince Frederick of Schleswig-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

Eiolstein 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

sucees.,,ion in the federal countries of Holstein and Lauen-

burg may probably be raised in another quarter, to make

;he 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

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,

BARTHOLOMEWS 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 be remembered, continued
Lord Mayor (having been 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 an
alderman that had passed the chair; and it was intended to
raise the question by quo warranto. 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 claimed
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 hose 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 Mx, Woodthorpe, the town
clerk)—and it appeared that it mainly turns upon the
"order" of the hospitals of King Henry VIII. and King
Edward VI.--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 hospitalls shal be lxvi at the leaste ;
and xiiii of them to be aldermen (that is to say),—vi gray
clokes, 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 affidavit 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. Bovill, 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 VIII.'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
preeidents 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.
PARKINSON V. COPELAND.

This was an action ;n the superior court to recover the
sum of 9s Bd, which was recovered, and the question now
arose as to costs. There was an ancient rule that (except to
try title) actions for sums under 40s ought not to be brought
in the superior courts, as being beneath their dignity. Then
the County Courts Act provided that, except in special cases,
the plaintiff should not recover costs of suing in the supe-
rior courts in cases under £2O, unless under special cir-
cumstances, or unless the parties resided or carried on
business more than 20 miles apart, and it has been decided
that the act means "as the crow flies." In this case the
affidavits were contradictory as to distance, but the plain-
tiff swore it was 17 miles as the crow flies and 19k by the
road. There had been no application to stay the action, as

beneath the dignity of the courts under the ancient ruie.
There was, it appeared, a bona fide dispute as to a
larger sum being due, and the defendant had not applied
to stay the action on payment into court of the small sum
ultimately recovered. It was a case of contract, and so it was
not within the t,ld act of Elizabeth which gives a right to
the judge to certify in actions for wrongs to deprive the
plaintiff of costs in cases under 405., and for the same rea-
son the case was not within the last Common Law Proce-
dure Act, 1860, which gives a similar power in cases of
alleged wrong under £5.

Mr. Joseph Brown argued on the part of the defendant
that he ought not to pay costs. It was, said the learned
counsel, much to be lamented that, after all the legislation
that had taken place upon the subject, the judges had not
power to certify to deprive plaintiffs of costs in cases of con•
tract or debt under 40s.

➢lr. Justice Blackburn observed that he had often wished
that he had not such a power.

Mr. llarington argued for the plaintiff that he was en-
titled to costs. There was a bona fide dispute as to amount,
and the defendant bad not moved to stay proceedings on
payment of the sum really due, but had chosen " to fight
the matter out."

Mr. Justice Blackburn observed that the parties would
probably spend much more than the amount of the costs in
fighting the question of costs. Had they not better agree to
abide by the distance as measured on the Ordnance map ?
Mr. Harington said ho would agree to that, and he could
find on that map the position of his own house.
Mr. Justice Wightman said, judging from their affidavits
the parties would not agree as to where their houses were on
the map. (A laugh.) In such cases it was his practice to
refuse the application for costs unless the plaintiff made it
out very clearly that the distance was more than 20 miles.
The Lord Chief Justice said the intention of the Legisla-
ture was that small matters like this should be tried in the
county courts, and if parties chose to sue in the superior
courts they must, in order to recover costs, make it out
clearly that the distance was above 20 miles. In this case
it was not so made out, and therefore the rule for costs must
be discharged.

THE QUEEN V. THIRLWIN.
In this case, ac the last election of councillors for Bolton,
Mr. Thirlwin was elected by a majority of one, for one of
the wards.

Mr. Welsby now moved for a rule for a quo warranto
against him, on the ground that several of his votes were
in the names of dead men.

The Court granted a rule nisi.
JORDAN V. GIBBONS.'
This was an action against Colonel Gibbons for giving the
plaintiff into custody for creating a disturbance in a house
in which the colonel had lodgings. It was tried before the
Lord Chief Justice in this court at the last sittings, and as
it was not proved that the plaintiff had committed an
assault or an actual breach of the peace, the Lord Chief
Justice was of opinion that he was entitled to a vercusto dict, as
thete:was no justification for giving him into dy,
although there was for removing him out of the house,
and the jury gave him £2O damages. There was a motion
rig a new trial, but it was refused, as the direction was
right ; but the Court granted a rule to reduce the damages,
on which
1 Mr, Karsdake, Q.C., now appeared, and intimated that

the counsel for the plaintiff had agreed to reduce the
damages to £lO.
Mr. Sergeant Parry, on the part of the defendant, con-
sented, and a rule absolute was granted accordingly.