The Sun.
London, England, 1854-08-18 00:00:00

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LONDON, FRIDAY, AUGUST 18, 1854.

A marvellous token of the mutability of earthly
things must be recognised by every intelligent.
observer in the decrees which appeared in the
Moniteur of Wednesday, the 16th inst., autho-
rising at last the carrying out of the designs of
the Emperor NAPOLEON the Great, as solemnly
indicated in his Imperial Majesty's Last Will and
Testament. Several years have now elapsed since
one of the most cherished wishes of the Captive of
St. Helena was happily realised by the removal to
Europe of his glorious remains on board the Belle
Poule frigate, since the second and final sepulture
of the dead hero "on the banks of the Seine in the
midst of the French people whom he loved so
well." During the interval which has divided
that memorable incident from the present time,
the supplanters of the elder branch of the
BOURBON dynasty have themselves been sup-
planted in turn, and a third revolution has in
France, within the space of a few hours, sub-
verted in one crash the whole of the mighty
fabric of a monarchical Government. A third
NAPOLEON has followed that third Revolution.
His reign has scarcely attained its third anniver-
sary when there appears in the official organ at
Paris a . document from the Minister of State,
ACHILLE, FOULD, in reference to the long-delayed
but at last realised design of carrying into effect,
as far at least as can be accomplished after
the lapse of thirty-three years, some of the more
important testamentary injunctions of the heroic
founder of the Imperial dynasty. It has been
estimated that a sum of not more than 8,000,000
francs. will be sufficient to effect this satisfac-
torily. 'As the Minister observes very justly,
in his explanatory communication to the present
Eltrxaop., "a. feeble compensation for the
1rt,000,000 which properly belonged to the
EMPEROR, and which the decree of the sth August,
1848, brought into the public treasury," an
amount also, he continues, " far from compensat-
ing for the 200 millions which NAPOLEON I. had
appropriated out of his private domain in favour
of the victims of the war"—meaning, of course,
the war of 1814 and 1815, when France strove
so valiantly, but desperately to withstand th
sembled armies invading her soil, the accumulated
h sne
as-
forces brought together by thaiedEuropeanSo- So-
vereigns. An 'extraordinary credit for the amount
is
above mentioned,already opened by one of the
Imperial decrees above
Pacified—the other nomi-
nating a commission charged
with
be
the division of
the credit of 8,000,00 francs before particu-
larised. , As members of this Commission, we find
the following personages enumerated in the
General Count
the Mcmiteur—namely, columns of
D'ORNANO, President ; M. Rorrmtat, Vice-Presi-
dent ; M. DE PARIEU' M. J. 13°171AY (DE LA
MUERTHE), M. DE ROYER, M. PERRON M. L
and M. .MESNARDbaying
now Commissioners
now to decide, according to their discretion,
whether the scheme of the division suggested last
year by the former Commission shall be carried
out in its entirety, or in any respect modified.
That project it may
be as well, as a matter of his-
torical interest, to remember was as follows
1. Three hundred thousand francs to the
• n
officers and soldiers of the battalion of
the Island of Elba, or to their widows

SOO, 000 f.

and children
2. Two hundred thousand francs to the

200,000

wounded at Li&ny and at Waterloo
3. Fifteen hundred thousand francs to the
officers and soldiers wbo fought from
1792 to 1815, for the glory and inde-
pendence of the nation
4. Four hundred ,thousand francs to the
town of Brienne
5. Three hundred thousand francs to the
town of Miry..... ...
sand....
6. Thirtein hundred' th-O francs to
the provinces which suffered from the
two iniasions .. . . .
7. Four millions to ths private legatees,
or to their widows and direct heirs
Total ............... . 8 000 000 f.
Sowevei. it may ultimately decided as to

1,500,000

400,000

300,000

1,300,000

whether the 8,000,000 francs shall be thus dis-
tributed or not—the fact is no longer doubtful
that the 8,000,000 francs are to be distributed
somehow, and that thus, the Will of the Great
NAPOLEON, is to be actually carried into effe t in
some of its most interesting and important par-
ticulars.
By a happy coincidence the announcement of
the Imperial decrees to which we have thought it
advisable to make this direct allusion as indicating
anew, and in a very wonderful manner, the muta-
bility of earthly things—by a happy coincidence,
we say, this curious and interesting announcement
comes forth simultaneously with the reply of NA-
POLEON'S successor to the felicitations offered to
his Imperial Majesty by the Bishop of BAYONNE
on the day set apart in honour of the fête of its
elected Sovereign. The reply in which the French
Emperor very nobly observed—" In presence of
this general manifestation [that is, the celebration
throughout France on the 15th of August
of the Fête NAPOLEON] and of the prayers
which are addressed to HEAVEN throughout the
whole of France, it is the duty of the SOVEREIGN,
in his turn, to deliver himself up to a strict self-
examination in order to ascertain whether he has
done everything that depended on him to merit
this concert of good wishes and marks of respect.
It is his duty, above all, to come to the foot of
the altar to implore DIVINE PROVIDENCE, by the
intercession of the ministers of religion, to bless
his efforts, to enlighten his conscience, and to give
him constantlystrength to do good, and to put down
evil." Sentiments worthy, in every respect, of
falling from the lips and rising from the heart of
a Christian Sovereign. As emanating from the
chief of the allies of England in the midst of this
general warfare, the subsequent remarks, uttered
upon the same occasion by the EMPEROR of
France, are not undeserving, we conceive, of par-
ticular regard, and of very especial remembrance.
We mean when in allusion to the condition cf
the country owning allegiance co his sceptre, his
MAJESTY observed, " My presence on this day at
Bayonne is a fact which I mention with pleasure,
for it proves that France, calm and happy, no
longer feels any of those apprehensions which
oblige the head of the State to be always
armed and on the qici vive in the capital ; and it
proves that France can support a distant war
without her internal life ceasing to be free and
regular." An indication which will be anything
but welcome to the Russian AUTOCRAT-the in-

ternal tranuillity and prosperity of France and
England (during the very time of the conduct of
the war against his gigantic autocracy) being to
him a terrible sequel of intelligence, coming as it
does upon the dread knowledge of the cordial alli-
ance binding together the two mightiest States
of Civilised Christendom.

An Irish prisoner once concluded what he
manifestly considered a triumphant defence by
stating, that although four witnesses had seen
him strike the deceased, he could produce at least
four hundred who had not seen him do so.
Much laughter was excited at the ridiculous
argument, and the folly that could suppose that
any man of ordinary intelligence could be imposed
on by such absurd and illogical reasoning. The
Irish JOE MILLER hal, however, been fully
paralleled by the recent prcceedings against
Lieutenant PERRY, whose persecutors have even
outstripped their predecessors. He only relied
on the ignorance of the multitude, as a legitimate
ground for an acquittal on a serious charge, where
he was entitled to receive the benefit of any
rational doubt, and where his guilt should be
fully and unequivocally established, before an
adverse verdict could be delivered. The as-
.railants of Lieutenant PERRY, however, go
much farther. They not only ask for an
acquittal for themselves, but for a conviction of
a brother officer, who was, in self-defence, com-
pelled to make statements which no one, save
Lieut. WALDEY, has ventured to deny on oath ;
and. we can scarcely suppose that much confidence
can be reposed in the statement of that ga/lart
officer, after the letter produced, in his own hand
writing, in which he informs the prisoner of the
very fact, which he boldly denied in his evidence.
The others contented themselves with the non mi
ricordo clans of testimony. Even Colonel GARRETT
himself did not venture to swear that he had not
called the prisoner "a fool for his pains"—
the matter which constituted the first charge.
All he dared to assert was, that "he had no re-
collection of having done so on that or any other
occasion,"—and when more closely pressed, say-
ing, "Really, I don't think I ever did ; it is a
long time ago. I cannot charge my memory with
ever having made that observation." Why, a
pickpocket, at the Old Bailey, against whose
name some half dozen previous convictions had
been registered, would not be found guilty on
such doubtful, or rather far worse than doubtful,
testimony. Nor were the recollections of the
other witnesses by any means more decided. Lieu-
tenant W. T. WALDEY was the only one who
ventured to make a positive assertion, and we had
seen the manner in which his culpable mendacity,
or most extraordinary forgetfulness, was exposed.
Who is there who has not in his juvenile days felt
intense interest in the struggles and difficulties
encountered by the generous and faithful SADAK
in his pursuit of " the waters of oblivion," then
supposed to constitute a draught worthy of an
Imperial despot, one who had the life and death
of his most distinguished subjects in his hands ?
To judge, however, from recent events, we might
imagine that it constituted the ordinary "tipple"
of the " Officers and Gentlemen" of the gallant
46th—that it was as common as small beer on the
Windsor mess- t able.

But it was not merely this remarkable want
of reco I,3ction, this g€neral failing of me-
mory that was mt. st to be regretted. We
found also the absolute refusal to answer incon-
venient interrogations which could not be met by
" I cannot take upon me to say," or " I really
cannot charge my memory;" and, worst of all, the
previous communings, and consultations, and in-
structions as to the evidence, which certainly
would have exposed ordinary witnesses to severe
reprehension, but which, we suppose, must be
tolerated on the.part of officers and gentlemen
whose system of " mnemonics" is so painfully
defective.

But if on the two first charges relating to Col.
GARRETT the testimony was so singularly weak
and inconclusive, what can be said as to that on
the third and fourth, relating to Capt. NICHOLAS,
when he was not all brought forward as a witness
on these points, and where we are, therefore, jus-
tified in assuming that he could not venture to
declare, under the solemn obligation of an oath,
that he did not recollect that " he had ill-treated
young officers on joining, or aided and abetted
others in doing so." This strange omission
was the more extraordinary, inasmuch as
the person whose testimony was essential to a
conviction was in attendance, and. might have
been examined had the prosecutor thought fit to
produce him. We believe that there is no per-
son, in any degree acquainted with the proceed-
ings of ordinary courts of justice, who will not
declare that there must have been a complete ac-
quittal, even had the accused made no defence,
and relied on the total absence
equonofthe
fdtl of proofs, to say
gross prey
nothing of the prevarication and discreditable
absence of some of e witnesses
against him.
and completely for the
b showing that, in
most important wit-
y
nbreessaecsh offorthe egulationsthre defence,
2of the service, a junior
company had been selected for service in
the East,
while those on the rota were
veryt
for unaccountably
opnasesedseloeveeter,d perfectlyalitnhvoonlgvhedtbeabsence of Captain fi
duty. The
HARDY and Lieutenant SHER VINTON, two most
important witnesses to the cause of truth, and yet,
when at the commencement of the proceedings,
the prisoner alluded to their unfortunate absence,
But equivocation
heat i
accounted
be was met by a "sneer of incredulity on the
President," echoed by a " laughing
-oin some of those' who ought to be dis-
interested judges.
But what need of more than was produced ?
What evidence could add force to the straight-
forward testimony of Captain CORCORAN, the kind-
hearted officer
who comforted his junior brethren,
.
when ill-treated, with friendly encouragement and

excellent advice. He shows that long before
such an investigation could have been anticipated,
the unfortunate lad had, with tears in his eyes
and in a state of great excitement, complained to
him of the ill-treatment of Colonel GARRETT, who
had, in answer to his application for redress,
callei him " a fool for his pains in reporting, and
that lie was like a child just escaped from his
mother's apron-string !" The unimpeachable
testimony of Captain CHAMBERS and Major
STUART, as well as what was wrung from the un-
willing lips of some of the "non mi ricordo" gentry,
showed that the statements of Lieut. PERRY wet e fully
and completely substantiated on e,tch and every
point, that it was others, and not him who should have
been called on to answer before a military tri-
banal, and that he must be discharged without
the slightest stain affecting his character.
We do not insist here on the point that it was
" not only necessary that the statements should
be false, but that he must have known them to be
so at the time he put them forward." That would
be a valid defence, but in the present case it is
not necessary, inasmuch as the prisoner has esta-
blished all his statements beyond the possibility of
reasonable doubt or difficulty.