The Sun.
London, England, 1854-11-06 00:00:00

TOGETHER WITH A LIST OF THE

ultimo.

KILLED AND 'WOUNDED.

Orders received by all .Yews Agents, and at " THE

SUN" OFFICE, 112, Strand, London.

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LONDON, MONDAY, NOVEMBER 6, 1854.

Although the bombardment of Sebastopol com-
menced so far back as the 17th ultimo, and we have
received sundry "scraps of intelligence" up to the
27th ultimo, it was not until after an interval of
twenty days that we received, on this 6th Novem-
ber instant, any trustworthy—or, we may add,
intelligible—accounts of the terrible conflict
during the two first days of the siege. We
might, indeed, say of the first day, for there is
nothing but a hasty sketch by the French Admiral
of the eperations., of the 18th, while our own
Admiral is perfectly silent ou the subject. We
are also without any information from the English
General as to the progress of events from the land-
ward. Now, it is certain that, under proper ar-
rangements, we might obtain full particulars within
eight dais, at the latest, if there were an officer
-whose duty it was to keep a daily journal of all
that had
takeulplace, and to transmit
day, copies
second or third every
ay. It is impossible to suppose
that the CornrilWier-in-Chief with so much to
occupy his.raind, could
fulfil this duty; but he
might easily"spare seie
cient time to peruse, and,
if necessary, revise what
had been prepared by
the Government Reporter, and which could easily
be limited to what might be communicated to the
community, without any premature
. disclosure of
the plans for the further carryinc,
0 on the siege.
Any person who has pa#icipated
in the intense
yearning for intelligence so, generally prey
a-
len t—more especially if a friend or
relative
of any of the actors in the sanguinary drama
can easily imagine how thankfully such tidings
would be received, which would also prevent the
damage occasioned by Stock-Exchange canards, or
the one-sided and highly-coloured versions ema-
nating from Russian sources. The mysterious
taciturnity hitherto observed has unquestionably
men productive of considerable injury ; and Lord
ABERDEEN and his colleagues may rest assured
that a knowledge of the truth, however gloomy,
is far better f)r the national interests than per-
mitting the public mind to remain a prey to the
doubts and anxieties that prepare it to be deceived
by the most mischievous falsehoods. At preseLt
we need only say that the last published despatches j

of Lord RAGIL A.N are only to the 28th of September,
while those of Admiral DUN-DAS are to the 18th

These last-mentioned documents apple:red in
an Extraordinary Edition of the London Gazette,
bearing date the sth inst., but only issued to the
public at an early hour this morning. They con-
tain a melancholy catalogue of forty-four officers
and men killed and two hundred and sixty-six
wounded on board the British fleet, while our
gallant Allies, at the same time, lost sixteen killed
and some two hundred wounded, making a total
loss in the Fleets of sixty killed and four hundred
and sixty wounded ; and this, be it remem-
bered, exclusive of the loss amongst the land
forces—which is said to have amounted
to about one hundred more. When a single day
has been productive of so many severe casualties,
what may be anticipated to have occurred during
the subsequent period ? It is truly awful to con-
template. We must, however, remember that the
first day was probably the most severe of any that
would occur up to the time of storming, with the
exception of the day of the surprise or unexpected
attack at Inkerman !
It was at half-past six o'clock a.m. en the 17th
ultimo that the Allied fire was first opened on the
fortifications of the devoted city. The time had
previously been arranged between the Generals and
Admirals, but " various circumstances rendered a
change in the position of the ships necessary and
unavoidable." Some delays were thus occasioned,
and about seven hours were lest before the fleets
could participate in the onslaught, their fire not
having opened until half-past 1 p.m. The time
previously consumed had enabled the Russians
materially to strengthen their position. They
had maintained an incessant fire day after day on
the Allies, but which was not returned until the
17th. At 6 o'clock on that morning a fierce fire
was opened from the town on our batteries, which
was returned half an hour afterwards from
the French and English batteries. For two
hours 'the boom of artillery was heard
from both sides with awful violence. It then
slackened for a brief interval that the men might
obtain necessary refreshment. In a few minutes
afterwards the storm of cannon balls were again
heard. Shortly afterwards a French Magazine
blew up in the battery on the extreme right, and
nearly 100 of our gallant Allies were killed or
wounded in the terrific explosion. The French
land fire was thus materially weakened, an occa-
sional gun at intervals being all that was heard
from that quarter. The English kept up the con-
test with deadly power, and about half-past twelve
the French fleet joined in the attack, followed in
another hour by the English vessels, whose positions
prevented them from falling in at an earlier hour.
From that time the fire was continued without cessa-
tion until half-past six o'clock, p.m., when the dark-
ness compelled them to draw off after inflicting
enormous damage on the Russian forts, and
making important additions to the vexata questio
of wood and stone, or British oak against Russian
granite. The next day was employed in repair-
ing damages, which Admiral DUNDAS anticipated
being able to do in 24 hours, but which would
probably take longer time for our Allies.
It is useless to deny that the fire from the town
was more formidable than had been anticipated,
and that some days should be devoted to repairs
to the French, and before they could again open
an eff ctual fire. The English land batteries
I ,
were, Rwever, according to General CANROBERT,
"in t e best possible condition," and from what
we have since learned there is but little doubt
that they were still enabled to continue the attack
which had proved so deadly to the inhabitants.
From the 18th we are obliged to pass -on to
the 25th ult., when the unexpected attack at
Inkerman took place. That it should have been
unexpected seems rather strange, for it will be
recollected that it was threatened on the 13th,
twelve days previously, and that some of " our
own Correspondents " 'pointed out the dangers
of an attack in that very quarter. NO---ipre-
cautions were, however, taken on that aecoa mit,
and hence the temporary reverse sustained through
the panic of the Turkish troops. We say tempo-
rary, for there can be but little doubt that the
position was fully retrieved within the two follow-
ing days. On Saturday we pointed out what had
taken place, so far as could be gleaned from the
rather vague and mystified statement of Lord
STRATFOItD DE REDCLIFFE, who gave it, not from
authentic accounts from English Generals, but
from what he could collect from the captain of an
English steam-transport, who combined the in-
formation ho had received from various bystanders.
We shall soon have further tidings, and it would
not greatly surprise us if we . heard - at any
moment of the capitulation of the beleaguered
town. The attack on the 25th and 26th was
manifestly the chief hope of the besieged, and,
these having failed, we should not feel at all
astonished if they terminated the hopeless struggle,
and saved further bloodshed iu the only prac-
ticable mode. This is the more probable, as the
garrison can obtain unobstructed egress from the
town, and join the corps in the open field under
General LIFSANDI.

While readily admitting the many and great
advantages derived from the establishment of
County Courts, and the new code for the cheap
and expeditious recovery of small debts, we can-
not remain indifferent to some serious abuses
connected with the practice, which operate very
oppressively and unfairly towards some unfortu-
nate persons brought within their jurisdiction.
This grievance, and it is a very flagrant one,
arises from some few of the Judges taking advan-
tage of a manifest omission on the part- of the
framers of the new code, and totally disreaardinr,
the authority of other courts of co-ordinatet
jurisdiction as well as straining to the
utmost the extraordinary powers confided
to their charge, and which are far greater than
those entrusted to the venerable and experienced
Judges of the Superior Courts. It has been said
that " the discretion of the court is the law of
tyrants." Any act, however illegal or inequitable,
may be committed under its shelter, and the Judge,
who is restrained neither by the fear of publicity,
uor the attendance of a regular bar, becomes an
autocrat, who, by his whims and caprices, may
inflict the greatest injury and sufferinV upou those
who have the misfortune to be brought within
his jurisdiction. Such persons are governed
by no rules. They will not Conform to the regula-
tions established by their more discreet brethren, but
where they know that there can be no appeal from
their judgments, they deliver them without regard
to justice or expediency, equity or sound policy.
Hence it comes that there is not only one law for
the rich and another for the poor, or rather one
law for debtors owing considerable sums, and
another for those who had less credit, or did not
avail lemselves so freely thereof, but totally
different laws for the residents in different dis-
streets. aye, for the inhabitants of adjoining

We have repeatedly directed public attention
to the contemptuous disregard of the authority of
the learned Commissioners of the Insolvent Court
occasionally displayed in the Whitechapel District.
Mr. Serjeant A/TANNIN-G,al° presides in that Cool t,
has totally ignored the proceedings of the Court
at Portugal-street, and unceremoniously commits
the unfortunate debtor, although his ease may be
actually pending before the Insolvent Debtors'
Court 'at the moment, and-- all-his -mean's 'mkt('
up, or even after the case had been thoroughly

investigated, the creditor heard and proved, to
have no sufficient grounds for detaining the in-
solvent longer in custody.
The latest case on the subject was that of
RICHARD HARRIS, in reference to whom an appli-
cation was made to Mr. Commissioner PHILLIPS
on the Ist instant. It appeared that the insol-
vent had filed his petition on the 28th August, and
obtained protection until the 30th November, the
day named for his hearing. A creditor who had,
on the previous 31st July, obtained a judgment
against him in the Whitechapel County Court,
took out a judgment summons on the 24th Octo-
ber, whereupon the gentleman sitting as deputy
for Mr. Sergeant MANNING committed him to
Whitecross-street for forty days, the outside
period that he was allowed by law ; and, as the
insolvent swore without any examination what-
soever, or giving him any opportunity of being
heard in his own defence. An application was
then made to Mr. Commissioner PHILLIPS for his
discharge ; but the Learned Commissioner, while
deploring what he justly designated as " a miser-
able state of the law," felt himself unable to inter-
fere. The deputy of Mr. Sergeant MAN-
NING was all-powerful for the time being,
and sent poor RICHARD HARRIS to prison
for forty days, although he had made a full state-
ment of his affairs, surrendered all his property,
so as to be deprived of the means of satisfying the
demand, and was protected against the orders and
judgments of the Superior Courts, which were
thus far less effectual than the ukases of Mr. Ser-
jeant MANNING or his deputy.
The unfortunate man was certainly tossed on
the horns of a very awkward dilemma. "If you
pay the demand you will be guilty of a fraudulent
preference, and the adjudication of your petition
will be adjourned sine die, and protection with-
drawn," says the Commissioner. "If you don't
pay it," says the Deputy, " I shall commit you for
40 days, and no protection, order, or certificate
granted by any Court of Bankruptcy, or for the re-
lief of !insolvent debtors, shall be available for your
discharge ; and, further, take notice that such
imprisonment shall not in any wise operate as a
satisfaction or extinguishment of the debt or other
cause of action on which the judgment has been
obtained, or protect you from being anew sum-
moned and imprisoned, or deprive the plaintiff
of his right to take out execution against your
goods and chattels, as if such imprisonment had
not taken place. Nay more, I may, if I think
proper, send you every alternate mouth to prison
for the remainder of your life." This fearful instru-
ment of torture may thus be brought into operation
against any man owing a single debt not amounting
to 201. For him the salutary provisions of the
insolvent law are ignored. He is a slave, bound
hand and foot at the mercy of a remorseless
creditor.

The policy of the " Protection Act" is that a
man should make a full disclosure of his affairs,
and surrender all his property for distribution
pro rata amongst his creditors. if he has not
contracted his debts improperly, or been guilty of
other offences against the law, he obtains a final
protection. But the County Court Judge, who
hears only a single complaint, coolly sets aside
this deliberate judgment, and commits gross
injustice against the unfortunate debtor. This
should no longer be allowed. Next session a
suitable remedy must be provided for the intoler-
able grievance.