The Sun.
London, England, 1862-11-04 00:00:00

Ttill Stilq,-LONIIOII, TfrgSDAS 1-71VM WWI, NOVPIAIFAR 4, 1882.

a half. But every considerable city in the South
might be reduced to ashes without chan,...,ing the
mood or undermining the resolution of thp feeblest

heart, if any feeble heart there be, in thJ Southern

Confederacy.
It should bo noticed, before leavinT the subject
in reference to the blockade, that, while four-fifths

of the smuggling vessels on the Potomac, and two-
thirds of the seagoing vessels on the coast are in-
variably successful in their entrance to and exit
from " Dixie's Land," there are occasional seizures
effected by Federal vessels, which are made the
most of by the New York press and in Mr.
Seward's despatches. As an instance, it may be
-mentioned that Mr Vizitelly, the well-known and
popular correspondent of the Illustrated London
News, has been singularly unfortunate in the de-
spatches which during the last six weeks he has
addressed to England, and which have, without ex-
ception, been subjected to moving accidents by flood
and field. But the fact remains that the South,
though sorely vexed by the blockade, is penetrated
[ and reached by vessels every day and night, and
that, consequently, there is no such scarcity as the
Federal journals have loved to paint. The influence
of the blockade is felt in enhanced prices, but even
here there is a compensation. The South, cut off

from external facilities, has been taught to look to
itself for a thousand commodities which it once
drew from the North, and of which it is has now no

alternative but to improvise, however lamely and
inadequately, the manufacture and production. It
makes but little difference to a nation which is re-

ceiving little from abroad that exchange on Europe

should be at a fabulous premium. But it is a

serious and momentous circumstance for the im-

porter at New York, and still more serious for the

consumer whom he supplies, that exchange on Eng-
land should rise from par or 109 to 135 and up-

wards, when it is considered that such is the magni-
tude of the New York imports that nearly a million
and a•half of dollars are the weekly receipts from
Customs duties upon them. The South, poor in
specie and thrown on its own resources, is unable to
spend money; but there are not wanting persons who
assert that the compulsory absence of Southerners
for two summers from Newport, Saratoga, and
other Northern watering-places will save enough
money to pay not less than one quarter of the
entire cost of the war. The blockade, designed to
beggar, will in the end strengthen and consolidate
a nation which can waste nothing upon luxuries,
and is carrying on its war at a cost the aggregate
amount of which will fall far short even of the sum
which has illicitly gone into the ravenous maw of
the Nyms and Bardolphs of the North.
It remains for me to recapitulate from Southern
sources the narrative of the month's proceedings
which followed the restoration of General M'Clellan
to supreme command on the eccasicn of the head-
long discomfiture of the forces commanded by
General Pope. In connection with these battles the
traveller's attention is called to a crowd eagerly sur-
rounding the store of the principal bookseller in this
town. Upon examination he will discover hanging
in the window a coat, to which is attached the fol-
lowing inscription :
" This coat was taken from the wardrobe of
Major-General John Pope, captured at Catlett's
Station by Major-General J. E. B. Stuart, and di-
rected to be placed at West and Johnston's, with
this inscription :

" < Taken from the man who said he never ex-
pected to see anything but the backs of the rebels."

It will be remembered that General M'Clellan
resumed the chief command of the Federal armies
on the 2d of Sept. On the 14th of that month he
fought his first battle in Maryland, called the battle
of South Mountain, against the rearguard of the
Confederates. No one is so willing to give M'Clellan
credit for bringing his raw and demoralised troops
into action upon so early a day as the Confederates
themselves. General Lee had witnessed their panic
rout after the battles at the end of August, had seen
Pope's shattered columns driven like huddled sheep
into Washington, and it was not unreasonable to
suppose that a considerable time would elapse before
they would again leave its sheltering fortresses.
The only step by which it was possible to inspire
confidence was taken, and General 1/I.‘Clellan was

reappointed. To him, and to him alone, is due the

credit for reorganising and reinspiriting his broken
hosts, and it is freely accorded to him in this section

of the country.

It appears to have been General Lee's principal
design, when he crossed into Maryland, to seize
Harper's Ferry, and to test the spirit of the Mary-
landers by his temperate proclamation. In order
to be unmolested in his attack on Harper's Ferry,
he threatened Pennsylvania from Hagerstown,
throwing Governor Curtis into hysterics, and ani-
mating Baltimore with the hope that he would
emancipate her from the iron tyranny of General
Wool. He had little serious expectation of being
able to reach Pennsylvania, but if General Pope had
been continued in command, and Maryland had
been more free to act, there can be no doubt that
Baltimore and Washington would have fallen. But
when M'Clellan took the field, and the army's con-
fidence again sprang aloft, General Lee had no other
purpose on the soil of Maryland than to capture
Harper's Ferry. General Jackson, after reaching
Hagerstown, fell suddenly and silently back upon
Harper's Ferry, and enveloped it closely upon every
side.

At this moment the fame of M'Clellan's early I
approach, with the design of reinforcing Harper's
Ferry, overtook General Lee. He immediately threw
General G. Hill's division of from 12,000 to 15,000
men back to a strong position upon South Moun-
tain, where, on September the 14th, General M'Clel-
lan attacked them with not less than 70,000 men. '
The Southerners fell slowly back before this im-
posing force, but not without inflicting upon it such
a loss that it was not till September the 17th that
M'Clellan forced on the momentous battle of Antie-
tam Creek. The morning of the 17th found Gene-
ral Lee strongly posted, but with not more than
45,000 men when the battle commenced, For once
the Federal papers, which are in the habit of re-
presenting that their armies are but handfuls of
men fighting against overwhelming hordes of rebels,
do not claim that their alleged victory was won
against superior numbers of their opponents. How
great the disparity was at the commencement of
the battle is probably known to General M'Clellan.
It is believed by President Davis, whose calm and
dispassionate opinion will command more respect in
England than the rhapsodies of the Federals, that
the Southerners were at first outnumbered more
than three to one,
At noon the übiquitous Jackson threw himself
andg his
(possibly 12,000 men) upon the
h
Federals. He had previously
forcedrit N ig o
theV division
ng a
rf therison of Harper's Ferry to surrender
to a man, taking all their arms, munitions of war,
and cannon ; and, though delayed longer than was
expected, he arrived soon enough to attack ITClel- I
lap. The ground won the morning by the
in
Federals, who were
in tremendous force upon their
right wing, was swiftly recovered, and held until
the end of the day. At 4 in the afternoon General
.
ed the 'A. P. Hill's division came up and join
Con-
federate right. It was well that General Burnside's
advance on the Federal left was so long delayed,
and was eventually made with overwhelming
numbers. The day closed with General Burnside
clinging closely to the bridge, beyond which he
could not advance, with General Jackson on the same
ground as the Confederates held in the morning,
upon as level and drawn a battle as history exhibits.
But it was fought for half the day with 45,000 men
i on the Confederate side, and for the remaining half
with not more than an aggregate of 70,000 men,
against a host which is admitted to have consisted
of 130,000 men, and may have been much more. No
battle of the war has done more to convince the Con-
I matters
Federates that it
little what is the disparity
of numbers between
old and
held by the
ratified by the
insolent themselves and their foe. The
This, then, is contempt of their enemy originally
which General 3,1
own side of 15,000
Southerners in this
at about 25,000 dead,
roe M'Clellan, admitting
reader who remembers Itilhee
General Lee's forces will
credulity. True it is that manybattlesandsmile Confederates, who
have wore regard for Gen. M'Clellan than is Celt

by his own Government, affirm that the despatches
put forth in his name are lardy his own -abrication.
I am told by the highest authority that the official
statement, comprising the most minute details of
the Confederate loss at the battle of Antietam
Creek, estimates the whole less in der..d, wounded,

and missing, at 6,000 men. Another circumstance is

noticeable. A Federal loss of infinite magnitude
would evoke no sigh of sympathy, no moment of
sadness, except so far as it was supposed to defer
the restoration of the Union. But the whole Con-

'ederacy bewails the 6,000 victims at Antietam
_ _

Creek with brotherly affection and sympathy. Nor
is that appalling indifference which amazes and

paralyses the spectator in Washington and New
__ _

York affected Here. Scarcely a lady but wears

mourning, proud to display that she has lost a re-
lative fighting in a cause dearer to her than life—

scarcely a person but speaks sorrowfully and with

affliction of a loss which seems to them appalling,
though not more than one-third of that inflicted

upon their poco curante foe. That the battle in

_ .
question was no Federal victory is best evinced by

the inaction on both sides on the following day.

Thursday passed and no attempt to press Gen. Lee
was made, notwithstanding the enormous numerical
superiority of his foe. At length, slowly and un-
molested, on the night of Thursday, having effected
the reduction of Harper's Ferry and fought on

equal terms with his enemy, the Southern army

was arawn to the southern bank of the Potomac

without losing a cannon or wasting a Life.
We come next to an episode in the war which is
naturally ignored by Mr. Stanton and the Northern
press. It appears that, discovering that his enemy
had retreated across the river, Gen. M'Clellan, on
Saturday, the 20th of September, threw some 3,000
men across in pursuit. The movement was observed
by General A. P. Hill, who left a few field-pieces
in position, from whieh he fired feebly upon the
advancing Northerners, giving orders to his
men to retreat hastily as they approached. The
Federals rushed on the guns, and followed eagerly
after what they imagined to be a broken and panic-
struck foe. But when they had got about a mile
and a half General Hill opened upon them with
grape and canister, and the slaughter is described
as having been the most appalling which the war
has witnessed. - I am assured that not one-tenth of
the invading force escaped—that the river was
literally choked with the bodies of the dead and
dying, who had rushed into the stream and struggled ,
frantically with each other to escape the pursuit. It
is evident that the lesson taught on that day to
General M'Clellan has borne bitter fruit, and that
his pursuit will heneeforth be more wary. In fact
there is great reason to suppose that his next move
will be, not against General Lee at Winchester,
but against Richmond by some new approach.
We hear that a large force is gathering in Hamp-
ton Roads, and it is thought that the next ap-
proach against Richmond will be by the south bank
of the River James. With his right resting on the
river, and his left thrown southwards into the in-
terior, M'Clellan may attempt another advance.
It would ill become me to disclose the preparations
which await him at Drury's Bluff (called by Federal
papers Fort Darling), and elsewhere; but it is safe
to assert that he will find the lower bank more
difficult of access than he has already found the
upper. Nothing is more likely than that the with-
drawal of many troops before General Lee will open
Maryland again to the latter. The Federals have
just as much as they can do to keep roofs over their
heads in Washington during what remains of fight-
ing weather. The mysterious announcements of
the Northern papers that some great movement is in
contemplation excite little interest or apprehension
here. The experience of the past gives such con-
fidence about the future that it is felt no Northern
army will ever capture Richmond without such an
effusion of its own blood as would change the howl
of Northern exultation into a nation's wail of woe.

Weil may a nation be confident of winning its in-
dependence which can exhibit such a spectacle as
every day produces wherever a Southern army is in
the field. There, in poverty, hunger, and dirt,
shoeless, with shirts ragged and rent, often without
hats, their feet bleeding as they drag their weary
limbs through dust and brier, are serving in the
ranks the gentlemen of the sangre azul of the South.
Many a man who, until the commencement of this
war, had scarcely a thought beyond the Cafe Foy
and the Boulevards of Paris, and to whose morning
toilet every diversity of cosmetic was as necessary
as water, has for months been marching under a
musket, without one single change of raiment, feed-
ing often on green maize and raw pork, lying at
night on the bare earth, with a single blanket be-
tween him and the canopy of heaven. Where all
are fearless it were invidious to select one State in
preference to another as bearing away the palm ;
but it seems generally conceded that General Butler
has converted the sons of Louisiana mothers, the
husbands and brothers of Louisiana wives and sisters
into demons of more than earthly ferocity.

And these men, many of them bearing some of
England's most honoured names, and descended
from England's best families, are in the field, and
have been so for 19 months, fighting against mer-
cenaries who have repudiated England as though
she were governed by a Nero, and have escaped
from German penury and conscriptions. Whatever
may have been the truth last winter, it is not pre-
tended now that the Northern armies are not
mainly composed of men of foreign birth ! Where
are the native Americans of weight and influence
serving in the Northern ranks ? Why does not
Wendell Phillips take the field ? Men older than
he is are serving by dozens in the Southern ranks.
Where is Charles Sumner's musket ? The Senate
could spare Senator Baker, in nowise Mr. Sumner's
inferior in intellect, and it were a noble answer to
the South, which sneers at non-duellists for want of
courage, to show how one of that class can comport
himself upon the perilous edge of battle It is but
too probable that with unopposed command of the
sea and great rivers during their autumn floods the
South may lose thousands more of her sans, in ad-
dition to that great sea of blood which has already
been cheerfully poured out in her defence.
But let her be left without a single city or village,
with nothing but her internal fastnesses and her
immense area of territory, and though every man in
the North under 50 were to take the field, they
would be insufficient ever to make such a nation as
the South lie at the feet of her enemy.
The two races have come into collision ; on one
side an aristocracy, agricultural, sparsely settled,
given to field sports, living in the saddle; on the
other, a democracy, which has been travelling down-
wards for 80 years, which is numerically four times
as strong as its opponent, which breathes only an
atmosphere of dollars, and has no aspirations be-
yond commercial gain. Which is the more fit for
the conduct of war ? It is not too much to say that
but for their gunboats the Yankees would, before
this time, in American phrase, have bcen " whipped
out of their boots" by a population scarcely more
than one-fourth of their number. But in the South,
in spite of its lawless population, a certain rough
discipline is not impossible, and an incident which
occurred two days ago in this city has never been
attempted in the Northern hosts—the execution by
shooting of two deserters, and the administration of
50 lashes to a third. Such executions have already
not been unfrequent in the South; whereas, in the
North, after the defeat of Pope, hundreds of de-
serters crossed the Potomac every night, of whom it
is not improbable that 40 per cent. have again en-
listed, accepting the enormous bounties proffered by
the North. If any man desires to gauge the reck-
less and extravagant waste which has from the first
characterised all the Federal operations in the field,
let him notice the fact that on both sides the Poto-
mac it is hard to meet a man or boy among that am-
phibioushaslt
is
safenot a
also Federalte
assertj ac
thatket,
cap, or pair of trousers. It who
popultart
military, have
in mere practice
firetdheawFaeydemraelreoffipceewrsd,ernathvaanl and
s
been expended in anger by the South.

7. --
[ADVERTISEMEST.]—HoIIoway's Ointment.—ln bad
legs, ulcers, scrofulous sores, and glandular swellings, this
ointment operates surely. and with
i a rapidity that re-
sembles magic. It should be rubbed into the parts affected
atter they have been fomented with lake-warm water. The
purifying and curative powers of this unrivalled unguent
fair
have never been disputed by any one who has give nita
trial. It contains not a particle of any substance. of a
noxious nature, nor is there a case on record in which it has
done
the slightest harm, while there are authentic reports
_ mild
cures effected by it in all countries. It is
Zeoitl4 in its action as it is Nwerfui and beneficial in its

LAW INTELLIGENCE.—Nov. 3

COURT OF QUEEN'S BENCH.

WESTCOTT V. THE LONDON, BRIGHTON, AND SOUTH

COAST RAILWAY COMPANY.-ACCIDENT.

This was an action brought by the plaintiff to
recover damages for injuries sustained by his wife
in consequence of the alleged negligence of the de-
fendants' servants.

The defendants paid £3OO into court, and resisted
the plaintiff's claim for larger compensation,
The action was tried at the last July sittings in
London, before Lord Chief Justice Cockburn and a
special jury, and resulted in a verdict for the plain-
tiff, with damages £450, being £l5O more than the
defendants paid into court.
It appeared that the injury sustained by the
plaintiff's wife was a fractured leg, by which he
had lost the use of her services, and she had suffered
much. She had been conveyed to an hospital for
treatment, and was removed thence by he:• husband,
in compliance with her own importunate desire,
prior to the completion of cure, and against the re-
monstrances of the surgeons under whose care she
was, and in whose opinion removal was premature,
and might be productive of bad consequences to her
case.

The Lord Chief Justice, when the jury had re-
turned their verdict, asked whether they had con-
sidered the second part of the question submitted
for their consideration, namely, whether the symp-
toms of the conditions of the plaintiff's wife had
been aggravated by her removal from the hospital,
contrary to the remonstrances against it of the
surgeons.
The Foreman, in reply, stated that that had been
their main question, that they thought the authori-
ties in the hospital did not use sufficient remon-
strance, and that they ought to have spoken
strongly to the husband and to his wife, and urged
upon them the imprudence of removing her so soon
from the hospital.
The Lord Chief Justice then addressing them,
said, do you give the £l5O additional to the plain-
tiff in consequence of that P
Foreman—Yes, we agreed to consider that ques-
tion.

The learned Judge thereupon made an order to
stay execution.
Mr. Bovill, Q.C., now moved for a rule calling on
the plaintiff to show cause why the verdict should
not be set aside and a new trial had, on the ground
of verdict against evidence.
The Court having heard the learned gentleman
granted a rule nist.

THE QUEEN (ON THE PROSECUTION OF MESSRS, WATER.
LOW) Y. BRAY.

This was a prosecution instituted by Messrs. Wa-
terlow, stationers, against the defendant, for alleged
perjury, said to have been committed by him in his
evidence on a trial before Mr. J ustice Mellor, at
Westminster.

A report of the case appeared in the Times news-
paper, and the solicitor of Messrs. Waterlow cut it
out, and submitting it to the learned judge (Mellor)
at the Guildhall sittings, asked him to c,rtify that
the case was one wherein a prosecution ought to be
instituted against the defendant. The learned judge
having looked at the report certified as required.
Application was now made to the full Court to
rescind the learned judge's certificate on grounds
that it was informal ; that it was not customary
with learned judges to grant certificates in such
cases on newspaper reports; and that the allegations
of perjury should have been made on affidavit.
The Court having conferred, concurred in the opi-
nion that it was not customary for judges to grant
certificates in such cases on newspaper reports; but
said in this case the facts were fresh in the learned
judge's memory, and that there was therefore
nothing wrong in his having granted his certificate
in the manner complained of. Certainly, it was al-
ways desirable that such applications should be sup-
ported by affidavits; but the learned judge, in this
case, did not consider there was any irregularity in
granting the certificate in the manner stated.
Order certifying affirmed.
HODSON V. TODD..--BREACH OF PROMISE or MAIIRIAGE.

This was an action brought by the plaintiff, a
spinster end household servant, to recover compen-
sation in damages against the defendant, a young
farmer, for breach of promise of marriage.
The case was tried at the assizes of Durham,
before Mr. Justice Mellor, and resulted in a verdict
for the plaintiff, with damages £l5O.
It appeared from the evidence that the plaintiff,
who is ihe daughter of a poor man, a miner, lived
as servant in the household of the defendant, and
that becoming enciente, she pressed him to marry
her. She left the family, and correspondence was
alleged by her to have been subsequently carried
on between them, he addressing letters breathing
love and constancy to her, and promises of marriage,
notwithstanding what his " dear old mother" might
say to the contrary. Four of those alleged letters
were put in as evidence on the trial, and the jury
believing them to be genuine, and that breach of
promise was thereby established; gave their verdict
for the plaintiff.

Mr. C. Foster now moved on affidavits for a rule
calling on the plaintiff to show cause why the ver-
dict should not be set aside and a new trial had,
first, on the ground of surprise, the defendant de-
nying all knowledge of the letters; second, that
they were forgeries; and third, of verdict against
evidence. With regard to " surprise," the defendant
was not prepared for such evidence as that alleged
in the letters put in, and he (Mr, C. Foster) was fur-
nished with the affidavits of five persons who were
well acquainted with the defendant's handwriting,
all deposing that the letters were not written by
him. The learned gentleman then read the letters,
in one of which. the defendant, as alleged, address-
ing the plaintiff, said " My dear, you will think I
am leaving off writing to you ; but don't be uneasy,
I mean to marry you. I think the house is not
safe when you are not there, my dear. I mean to
make you a lady. Never mind what my old mother
says. I shall make you my dame—l shall make
you my wife, and that before the child is born."
That letter was signed " Ant-ony," without the
" h." 'The child was born in April, 1861, and yet
some of those letters were dated in 1862. Looking
at all the circumstances, he hoped the Court would
grant the rule.
The Court—Take a rule nisi.
Rule nisi accordingly.
IN RE JOBSON—MR. DISBAELI, M.P.—MANDAMUS.
Mr. Jobson appeared on the floor of the court, and
applied for a rule calling on Mr. Alderman Carter
to show cause
.why a mandamus should not issue,
commanding him to hear and adjudicate upon an
application by him for a warrant against Mr. Ben-
jamin Disraeli, for assigned perjury alleged by the
applicant to have been committed by that gentleman
in a prosecution in which he (Mr. Jobson) was the
defendant. It appeared that Mr. Disraeli deposed
that he had received numerous threatening letters
from him ; but he (Mr. Jobson) was prepared with
affidavits to prove that he had never sent a threat-
ening letter to him. He was wrongfully found guilty,
and sentenced to imprisonment for the alleged of-
fence. He submitted his affidavits of his innocence
to Mr. Alderman Carter, and that official said he
would take them home, read them, and give his
opinion next day. On the next day he said he had
looked into the affidavits, and that there was no case
to warrant him in exercising jurisdiction. Now he
(Mr. Jobson) had no satisfactory proof that Mr. Al-
derman Carter had ever read his affidavits, and he
therefore hoped that this Court would issue its man-
damus commanding him to hear his complaint. He
had also to call their lordships' attention to the con-
duct of Mr. Arnold, the magistrate presiding in the
Westminster Police-court. He had also
applied to
that functionary to exercise his jurisdiction in the
case, but he refused altogether to hear him, and
ordered him to leave the elurt.
Lord Chief Justice—Perhaps you used violent
language.
Mr. Jobson—Oh, no, my lord, no more, I assure
your lordships, than I am using at this moment in
my address to your lordships. I was as mild and as
subdued as a man could be in my language, and
when he ordered me out of court I was as much sur-
prised as if he had given me a slap on the face.
(Laughter.) I therefore hope your lordships will do
me justice, and issue your mandamus to Mr. Alder-
man Carter to hear the case.
Lord Chief Justice—Do you say you never wrote
any threatening letters to Mr. Disraeli ?
Mr. Jobson—Never, my lord. I certainly threat-
ened to post him, and did post him.
Lord Chief Justice—And do you not call that
threatening ?
Mr. Jobson—But with regard to Mr. Alderman
Carter, my lord ?
Lord Chief Justice—We have jurisdiction to issue
a mandamus to a magistrate in a case where it is
shown to us that he has refused to hear a complaint
on affidavit ; but in this case Mr. Alderman Carter
said he would take your affidavits home and read
them. We must assume that he read them, and
finding that he the next day said there was " no
case," we must decline to assent to your application.
Rule refused accordingly.
Mr. Jobson then folded up his papers, and left
rre:Be
Wellsal r
the Court with a rapid step, evidently much disap-
pointed at the result of his application.
LOXLEY Y. RICE.
This was an action brought by the plaintiff, a
professional
claimed by him as salary alleged to be due to
ssion singer, to recover a sum of £B9,
him by the defendant, under the terms of an
engagement which he entered into to sing at Sad-
ie
hewaatrse.
whollyl'h incompetent as a singere defence set up was that
the defendant
to fulfil the engagement into which he had en.
terea. The action, tried before Mr. Baron Bram-
well, resulted in plaintiff's favour, giving him a
verdict, with damages, £5O.
M. Sergeant shee ):LIOVed for a rule calling

on the plaintiff to show cause why the verdict
should not be set aside and a new trial had. The
plaintiff had entered into an engagement to play
what was called the primo tenore, and was to take
part in an operetta called " Fair in Love and
War ;" but the evidence was that he was utterly
incompetent to sing, and that another person had
to take the part. In the morning, at the rehearsal,
he sang well enough ; but at night, when he came
-before the audience, he could not sing at all. Such
was the evidence on the part of the defendant, and
it was supported by that of Mr. St. Luke, the
stt'ge manager. _

Lord Chief Justice Cockburn—Was there not
any evidence that the plaintiff could sing ?
Mr. Sergeant Shee said he was engaged in an-
other court when the trial was called on ; but he
was informed by a learned friend who held his
brief, that no one said the plaintiff could sing, but
himself.

The Court said they would confer with Mr. Baron
Bramwell on the subject, and give the learned ser-
geant an answer on a future day.

COURT OF COMMON PLEAS.

;Sittings in Banco before Lord Chief Justice Erle,
and Justices Williams, Byles, and Keating.)
NEW QUEEN'S COUNSEL.

Shortly after the sitting of the Court this morn-
ing, Mr. Kenyon, Mr. Southgate, and Mr. Hob-
house were called within the bar, they having been
appointed "her Majesty's counsel learned in the
law."