The Sun.
London, England, 1862-08-25 00:00:00

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THE SUN.
LONDON, MONDAY, AUGUST 25, 1862.

The Royalist circle is contracting about GARI-
BALDI. CUGIA, as Commander-in-Chief, has been
superseded in Sicily by CIALDINI, as Extraordinary
Commissioner. The appointment was officially an-
nounced in the Turin Gazette of Saturday. And—

Sicily all the while being in a State of Siege—
CIALDINI will have there, under his command upon
his arrival, an overwhelming force, consisting of
three regiments of cavalry, eleven battalions of
artillery, and—with these—no less than sixty bat-
talions of infantry !

Meanwhile GARIBALDI has fairly established
himself for the time being in Catania. He might very
easily have been prevented from entering that place
had General RICOTTI been seriously so minded. As
the event proved, however, the loyal commander of
the forces of VICTOR EMMANUEL shrank from the
responsibility of crossing swords with the ex-
Dictator. GARlBALDl—confronted by the Ifoyal
troops—found the way, nevertheless, clear before
him directly he advanced. And so—without a shot
fired, or a hostile bayonet fixed, without even a show
of opposition,the Hero entered freely at his own good
will and pleasure into Catania. There for the mo-
ment he has fixed his residence. There, if he has not
as yet actually,he has at any rate virtually established
a Provisional Government. He there exeroises at
least supreme authority. He seizes upon the public
treasury. He takes possession of the central office
for telegraphic communication. He adventures
even upon the questionably advantageous course
of levying contributions on the inhabitants. Barri-
cades have been systematically raised at his orders
in the principal streets of Catania. Communica-
tion with any one outside the city has been per-
emptorily forbidden. A considerable body of his
volunteers is there with GARIBALDI in Catania—

"tiled, but it would appear armed inadequately.
While these incidents are occurring in the centre
of the eastern coast of Sicily—now the headquar-
ters of (we Suppose we must call them)" the rebels"
—the royal troops thereabouts, having allowed
GARIBALDI to pass scatheless among them into
Catania, have since then been not altogether
inactive. General RICOTTI and General MELLA
have, in fact (since then) it seems, made a junction
at Mis terbian co. Adationaltroops, bearing theroyal
colours, have been landed, moreover, about five miles
to the north of Catania, namely, at Aci-Reale. So
that the cordon appears to be as nearly as possible
rendered complete ! What with the Royal squadron
of war vessels now eastern
vigilantly watching the
coast of Sicily—more particularly betweel the Gulf
Straits of Meagna—vihile,
of Catania and the
spreading out to the right and the left as they
advance, the forces of CUGIA still press onwards in
the march begun at Palermo, and now
(even by the
main body) carried forward far in advance of Cal-
tanisetta.

By the time that General CIALDINI ar-
rives in Sicily to supersede General CUGIA,
--supposing that is, of course, that nothing more
remarkable should, in the interrn, have taken place
in that seat of (civil) war—the new General-in-
Chief and Commissioner Extraordinary will find
GARIBALDI to have been fairly entrapped ! The
trop to catch a Hero—being Catania ! As affairs are
actually situated there at the present moment in

Sicily we can hardly imagine anyone adven-
turing to assert, however, confidently that
GARIBALDI has yet been entrapped. He who
has passed scatheless so very recently among
the royal troops actually intercepting his
march towards Catania advancing boldly
amongst them as if he bore a " channel life" and
entcring the city untouched! It would be hazar-
dous to assert of him that he cannot, yet awhile—
quite as easily as he entered Catania in defiance of
the KING'S Generale, quit it in defiance of the
KING'S Admirals to cross over into Calabria. It is
true, no doubt, that as things arc, even now, the
Roy:tlForces already in Sicily have obtained some-
thing very like a mastery of the Island, Palermo
and Messina are both reported as tranquil. That is,
there is an aspect of loyal tranquility both in the
eastern and in the westErn capital of the Sicilians.

And at about the centre of the island, that is at Cal,
tanisetta, order:is said to have been restored. GARI-

BALDI being shut into Catania—the Royal squad-
ron hovering off the coasts—the Royal troops being
well placed, so far as their numbers enable them to
be, and expecting speedy reinforcements to the ex-
tent already partienlarieed.

While affairs are yet in this intermediate gate
there in Sicily—midway, as it were, between the
coming of CIALDINI and the going of ClMlA:—the
heroic leader of this most fatal and mistaken
enterprise has, by a new act of indiscretion, demon-
strated more clearly than ever its rashness and fata-
lity ! Issuing from Catania a proclamation calling
upon the Hungarians to arise and assert their own
independence—GAßlßALDl has already been an-
swered as strongly as can be in the negative by one
of the Chiefs of the Hungarians. General KLArsa
has put forth a counter-proclamation. Addressing
himself to the Italian Hero, KLAnca has said, "Your
voice, General GARIBALDI, would have found an
echo if you had uttered the war-cry at the head of
volunteers, united to the Royal troops, in order to
march against the Hapsburg dynasty." The Hun-
garian General contenting him with adding quite
simply—without a word of comment—" Such is not
now the voice of Italy." GARIBALDI can hardly in
reason resent such a response—the odds are, from
first to last, so enormously against him. Insomuch
is (this to the recognition: of us one and all)
clearly and unmistakeably the situation of
affairs nowadays, in respect, on the one
hand to the ambition of GARIBALDI, and on the
other hand to his cabability of realising it—that
the utmost that could well new be hoped for by his
most confiding admirers would be that he would
yet betimes withdraw before it is too late from so
unequal a contest. The enterprise upon which he
has adventured, in the prosecution of which he is
still persisting, has appeared from first to last to
all the truest friends of Italy, nothing less than—
in the fullest meaning of the word—insensate.
One of the smallest of the minor poets in our

literature has, in his poem on " The Spleen," writ.
ten one famous line in which he says (of " The
Spleen")---
Fung but a stone the giant dies."
It is doubly applicable, and with lamentable signifi-
cance, to the actual situation of things just now with
regard to Italy and GARIBALDI. Supposing affairs
are allowed, that is, to take their course—and the
unequal forces now confronting each other to come
into lamentable collision. Let GARIBALDI fall by
a bullet from the Royal troops—and, adieu to all
further idea of a kingly and constitutional govern-
ment for Italy under VICTOR EMMANUEL. Let
GARIBALDI evade the vigilance of the Royal forces
now surrounding him by sea and land in Catania,
let the Hero cross the Straits of Messina into Cala-,
bria, let him advance towards Rome, and then upon
the Roman frontiers fall by a bullet from the rifle
of a Frenchman—and the popular phrenzy of the
Italians will be aroused in deadliest earnest
from the gulf of Squillace to the northern
borders of the Valteline, from Ancona to Piom-
bino. The flame lighted would spread like wild-
fire the conflict would widen. It would
no longer be an Italian war—it would be an Euro-
pean war with Italy for the chief battle-ground.
In either case there would be anarchy. The work
of Italian emancipation would have to be com-
menced de 9702)0. All is, at this moment, for Italy,
liable to be staked upon the hazard of a die—the
throw being yet at the option of GARIBALDI. Well,
for his own chivalrous reputation, and for the
kingly fortunes of VICTOR EMMANUEL, will it be if
GARIBALDI, yet at the eleventh hour, holds his hands,
and instead of crossing, madly, from Catania into
Calabria, magnanimously withdraws from an Italian
war now threatening to be fratricidal. All resolves
itself really and truly to this—Will GARIBALDI
consent (unintentionally, no doubt, but quite un-
mistakably) to play—as he threatens to do—into the
hands of the French EMPEROR ?

The Free States of the Union can hardly be said
to exist any longer. If representation still remains
when Congress sits, absolutism is triumphant now.
Probably were the Houses sitting the result would
be the same. The administration would not be
called to account for taking the law into its own
hands and acting as Dictator. Certain it is that not
in Russia, nor even in France, is the central power
more irresponsible than in America. We ought,
however, to look beyond that power, we ought to
ask, what makes it a power ? and we believe that in
America, as in the most despotic European Govern-
ments, it is the passive consent, or the active encour-
agement of, the many which does all. Louis N Aro-
LEON and Mr. SEWARD equally conform themselves
to what they know will please the many. What
they do may look like their own act—it is, in truth,
the act of the party which placed them in office.
Louis NAPOLEON feels first the pulse of the army,
the peasantry, and generally of the great party of
the Bonapartists ; Mr. SEWARD and the PRESIDENT,
whom he is said to influence, decree nothing which
the Republican party in the North will not counter-
sign. Fairly considered, the despotism of the North is
the despotism of the triumphant party. They call for
vigorous measures—Mr. SEWARD and the Cabinet
are left to devise them. And it matters little, be
it a violation of the inflexible laws of political
economy, or of the legal liberties of individuals, they
are ready to hurrah, if it be but vigorous.

Hence we receive to-day accounts of such vigorous I
proceedings as were Lord PALMERSTON to attempt
them, even under parallel circumstances, wculd
drive him quickly from office without any coalition
between Manchester, the POPE'S Brigade, and Mr.
DISRAELI. The letters tell us of a perfect hurly-
burly of all the section of society of age to be drawn
for the war. All the men between eighteen and
forty-five, seem to think of nothing but the fron-
tiers or the deck of a steamer. It would seem that
I\lr. SEWARD became aware of the commencing
"°this just in time to stop it midway. Numbers,
we learn
from Canadian papers, had already got
across Lake Ontario, and were safe at Toronto, but
the unlucky Passengers who had by hundreds paid
for their passage by the Etna and Saxonia, which
were then ready to
sail, wthelrde, suddenly pulled up
order from .
Mr. SEWARD. Not one
by telegraphic A
of them was to be allowed to ~ .
they were firm ;
sail
behaved
owvoelfdt without
withut a
becom-
ingp pass-
port. -por to.
official
cTi
able
gravity,police,
but the
mob below and the mob above the military age,
theiarndthey
were highly delighted with this
of Government. It did not hurt them,
cchittheenvt vigour
chaffed and ridiculed to their heaarntd;
temper
who lost their passage-money,
with it. The natives of the Green Isle were irritated
exceedingly that their nationality and British
allegiance should be doubted now. They
were free British citizens who had come to an en-
lightened and free Republic, to find themselves
as hampered as they would have been in Austria
or Russia ; this was something more than they
had bargained for. However, there was no help
for it. Out of a thousand persons who during the
day obtained certificates that they were British
subjects, mostly Irish, two hundred had paid their
passage by the steamers which left them behind !
As the order arrived subsequently to their payment,
we trust Mr. SEWARD will, at least, indemnify theta
for the loss in such money as a British steamer

would accept. Mr. CASE's green backs, however,
would be better than nothing.

The military movements, none of them of very
serious importance, seem to have been all in favour
of the Confederates. The dreaded Arkansas, how-
ever, through an accident to her machinery, was
obliged to run on shore, where, being surrounded
by Federal gunboats, the crew were forced to
evacuate, and blow her up. It would appear, how-
ever, that she had aided in the capture, by the Con-
federates, of Baton Rouge, which place, so long ago
reported to have been in the hands again of the
Confederates, now is really so. This gives the Con-
federates two strong positions on the Mississippi
above New Orleans, and we are not surprised,
therefore, to find General BUTLER in danger there.
The ram Arkansas is said, in the attack on Baton
Rouge to have " destroyed two Federal gunboats,
and driven off the Federal fleet," which was fol-
lowed by the capture of the place, and of the forces
there. In Missouri the Confederates had had
guerilla successes, and also in Tennessee and Ken.
tucky ; indeed, in the South-West, and in the Bor-
der States everything looks as if the Federals would
have great difficulty in holding what they already

possess.
But it is in what is now called the battle of
Cedar Mountain, in Virginia, that the Federals have
met
with their
check. We read
the
of course, with the usual allowance for
account,most mortifying
Northern representations—and, as according to
these it was not a Federal victory, few will doubt
that it was really a defeat. The Northern corre-
spondents, of course, depict miracles of valour on
the part of their own regiments, nor do we at all
doubt them on this point. The grievous calamity
has been that again and again, when' the men have
shown unquestionable courage, the officers have
shown unquestionable incompetency. In the long
run, however, it must tell on the courage of an
army, if they find that their severest losses are but
thrown away courage. Soldiers will think it fool-
hardihood, not courage, to expose their lives for no
result. It is acknowledged that, as usual, the skill
was on the Confederate side. We are told, indeed,
that the rebels sent a flag of truce to ask leave to
bury their dead, and that they retired eventually
from the field. But, as their original intention
was to attack and defeat only the advanced regi-
ments under BANKES, in which they succeeded, it
is not to be doubted that the general impression
was correct.

It is not improbable that we shall hear of very
strenuous- Confederate exertions, if they be but in a
position to make them. The secessionists must know
that the Federals are making the desperate efforts
at enlistment, to which we have just adverted.
Their object, therefore, will be to attack botb
M'CLELLAN and POPE before they receive reinforce-
ments. The hot weather may interfere with the
operations, but the Southerners must be better able
to bear the heats of their own climate than the
Northern men. We may, therefore, be sure that
the Southern Generals, if able to do so, will antici-
pate the new enlistments of the North. Probably
the attempt will be made to drive M'CLELLAN out
of the Peninsula, although some think he has taken
measures to walk out quietly, if they will but let
him. There will probably be hot work soon.

With many of our contemporaries we joined in
condemning the admission of Mr. Jur'', the young
man charged with rape on a most respectable ser-
vant girl, to bail. Had the assault been made on
the daughter of a Duke or a Bishop, we may be
pretty sure no attempt to bail the culprit would
have been listened to for a moment, and we have yet
to learn that the honour of a servant girl, of the
best and perfectly modest character, is not as dear
to her and her friends, and as much entitled to pro-
tection as that of a girl of the highest classes. We
can hardly believe that Mr. Justice BLACKBURN
does not think so, yet he has gone out of his way
to condemn the intermeddling of the press with the
administration of justice. We must tell his Lord-
ship that the press will not be deterred from inter-
meddling when it sees, what it deems injustice per-
petrat ed, through carelessness, or inadvertence,—for
we do not believe worse of our judges and paid

magistrates.
We take it no one will deny that the culprit in
this case had an easy chance of escape when he
ought to have had none. The bail was heavier than
was at first reported, but certainly not sufficient
alone to detain the offender in the country. Had
we been his bail, and related to him, we, apart from
considerations of public justice, should have been
but too happy to save a nephew from even five
years' penal servitude by paying £400; and there
was nothing to prevent the nephew from having
by this time enlisted in the American war had
he chosen to do so. Yet we read that Mr.
Justice BLACKBURN, in summing up, "animadverted
very severely upon the articles which had appeared
in the newspapers, and trusted the jury would, as
the learned counsel had desired, dismiss from their
minds any impression those articles bad made upon
them." "Persons writing such articles were exceed-
ingly wrong. It was cruel, and a gross injustice to
those persons charged with a crime to which such
articles referred."

We are at a loss, notwithstanding his Lordship's

lecture, to comprehend either the injustice or the
cruelty to young Mr. JurP. The press, in no in-
stance that we remember, endeavoured to prove
him guilty ; but the evidence was of a kind so un-
usually strong in such cases, the crime charged one
barely second to murder, that there did not appear
in the eyes of common sense the slightest reason
for accepting bail. Fearful as the crime was,
had the evidence been such as barely to war-
rant committal, the common sense of the public
would have thought it cruel and unjust
to shut up a man in prison when the character of
the chief witness made his guilt a very doubtful
question. In this case the evidence was so clear
that even Mr. BALLANTINE did not venture to dis-
pute it. "He (the learned counsel) did not
deny the truth of the facts, or in any degree impute
perjury to the prosecutrix ; nor did he for one mo-
ment attempt to deny the gross immorality of the
prisoner's conduct, but at the same time contended
that the very feeble resistance which the prisoner
had met with might have led him to suppose that
the prosecutrix was in a degee sufficiently a con-
senting party to relieve him from the impression
that he was entirely forcing her to his will." A
defence not worth a straw, with the proved fact
before the jury of the poor girl having twice fainted
under the two rapidly following and villanous
assaults.

The whole case, we beg to inform Mr. Justice

BgLreA:KBURN, tends to produce in the public mind
. _
that most fatal of all impressiens, for the bench of
justice,—of ono law for " a young man of
expectarteisopnesc;;lbility, good friends, and good
and another for modest, re-
spectable daughters of persons whose expectatiora
are from their hard industry. We wou d
not for a moment suspect either the committing
magistrate or the judge of allowing any such feel-
jog in their minds, yet the question will recur,
would bail have been accepted had the victim been
one of the class which have not to work for their
living. The
-Judge, we trust, will, on reconsidera-
tion, see that it would be cruelty and injustice to