The Sun.
London, England, 1849-06-09 00:00:00

ROYAL MARINE ARTILLERY.

After inspecting this highly serviceable and efficient
arm of the service in heavy marching order at their bar-
racks yesterday afternoon, which occupied some hours,
Colonel Gibsonc, the comm,indant of the corps, and the
other officers entertaint d the Deputy-Adjutant-General
and stall' at the mess-room. This morning there was to
have been some grand fiyld practice at Cumberland Fort,
but the heavy rain which set in so violently, about eleven
o'clock, prevented it. The Deputy-Adjutant-General
inspeJted the books of the infantry corps at Forton Bar-
racks prior to his departure this morning.
PLYMOUTH, JUNE 7.—Her Majesty's steam-sloop
Plumper, from Portsmouth, for Jamaica, put in this
morning in consequence of some defects in her cook-
ing apparatus. She will probably proceed again this
evening. _ _ _

The Express pack- arrived from Falmouth on Tues-
day, and went up harbour to refit.
The Alarm and Calliope, being ordered_for commis•
sion, were taken into dock yesterday.
Four deaths by cholera have occurred on board the
packet American Eigle since the last report—viz., a
German woman last evening, one of the crew during the
night, and two German women to-day. The bodies are
now taken ashore and buried at Mount Batten. Her
Maje:oy's hulk Tyne, 22, was yesterday afternoon towed
by the Confiacce steam-vessel into the Sound, and
moored to the south of Batten Bay, near Jenny Cliff
Point. Most of the sick have,been to-day conveyed in
boats on board her from the American Eagle, which lies
at anchor to the southward of the Merchant Seamen's
ground, off the White Patch. Ten of the crew afflicted
with diarrEces have been sent to the Tyne ; their num-
ber has been replaced by fresh hands from the shore.
The total number of cholera deaths, from Sunday the. 3d
inst., when she left Portsmouth, to Thursday the 7th at
four P.M., is 11.:

Wind, north-enst ; stiff breeze, dry weather.

WOOLWICH, JUNE B.—The Samp,on steam-frigate,
having taken .her guns on board, left Woolwich yes-
terday at half-past 10 A as., under the charge of Lieute-
nant Robertson, and proceeded to the Nore. She made
the run fr,m that light to the Mouse light, twice up,
and twice down. The speed of the vessel was' ound to
be en the average 9.6 knots per hour. Af'.er the trial
the Sampson was taken to sheerness, where she will
remain until about thu 14th of the present month, when
she will be manntd by a part of the crew of the Castor,
and be navigated at the same time as that vessel to De-
vonport.
The Firebrand steam-vessel was taken out of dock
yesterday and into the basin, to have her boilers put in,
which, with the other works still required, will occupy
about six weeks or two months before s_he can be made
ready for service.
The Vulcan steam troop-ship has been taken into dock
to be fitted for her screw propeller. _ _

The Vesuvius steam vessel, when ready, is to proceed.
to Devonport, to be kept as an advanced war steamer at.
that port.
The Monkey Warn-vessel, Master Commander W.
Bryant, returned at three o'clock A.M., with the crew-
who navigated the Sampion to Sheerness.
The Grappler steam-vemel is Illy expected from the
coast of Africa, to be paid off at this port.

LITERARY AND SCIENTIFIC SOCIETIES EXEMP-
TION FRost LOCAL IiATLs.—A meeting of delegates,
from a large number of these societies was held at the
City of London Literary Institution yesterday after-
noon, to receive the report of a committee appointed at, 1.
a former meeting. The chair was tak( nby Mr. William.
Brown, M.P. The report, which was unanimously ap-
proved, stated that a Bill had been framed to obviate the I,
defects in the existing Act, by providing for an annual 1!
certificate of the right to exemption based upon an an- ij
nual return, and by simplifying the legal procedure in :4
litigated cases. The report urged the importance of
making no claim which is not teueded iu justice and.
equity. The proposed Bill was framed in that spirit,
and the Committee therefore hoped that it would re-
ceive the sanction of the Legislature. It was intimated. •
that besides favourable interviews with several influential.
Members of Parliament, deputations had waited on Sir
George Grey and Lord John Russell, who had promised:
that the attention of the Government should be directed
to the subject. The meeting was addressed by Lord
Wriottesley, Mr. Lacy,' M.P., Mr. Wyld, Mr..
Birkbeck, Mr. Toulmin Smith, and other gentlemen, ins
favour of the proposed Bill, and it was understood that;
every effort would be made to get it passed this session..
EMIGRATION rno' LIVERPOOL.—We have head
during the past month a very active emigration from this
port, the numbers having been 19,181 souls in My,
1849, against 13,336 in May, 1848, and 18,320 in May,
1847. The numbers fur the five months ended May 31
are-1847, 71,874; 1848, 52,289; and 1849, 72,5;1:6.
The increa3i, is thus 20,247 this year over 1848, but o. sly
662 over 1847. There is. anTaimlBpol7, whenrtaritd the
ifferenaccetivihtie.twi;f
ever, in the several years.
the movement nearly equalled that of the present y ear,
the people of Ireland
thesvt e
lerDriirila:inotg from tliecc
principally ll
taci
fever and f'amine. a
of
oimn cr°.a3odni:
ihoea voefrypalou‘pftecrsst.clari,lasu4ds_lhai.atiliemrpermoo.evmederf,rt
year, the itnprovemenl is
con-
dition was perceptible. T
miners, artizans, and skilled operutir ,
striking, most of them consisting of.
.reesspnetcdtanbelearfiairue
iteirsot,.
them showing, by the quantity of luggage,. Sz
lesse, a
they can
t bets
possession, that their leavitz this country is
ter of necessity than of convicti:m that
advance their tortuneiin a foreign land. AP
large
eyc anorit nt
of those going are Welbh, ,vith, a spriuldirg of Engl
isi t,
principally of the respectable artizan and operative cast
The majority, of course, aro Irish. It should be ex -
plained, however, that the emigration returns from LiNet -
pool, or from Grt at Britain, no longer show the fu
amount of the ealgration from Ireland. During ti .e
present and last year, a large quantity of American sir .d
British tonnage has entered Iri-h ports direct, with su]
plies of In&ati corn and other fe,.d, and his taken :bin It
theree the emigrants that otherwise would have had to
embark from this country. It is expected that for a fel v
weeks there will be a little cessetton of activity, th,
people waiting to reap the crops at present on the ground .

THE GOVERNMENT OF THE

AUSTRALIAN COLONI ES.

TO THE EDITOR OF THE SUN.

Siu,—The projected constitutional measures of the
Government now direct attention to our Australhn
colonies. Your own and other metropolitan journals
take notice of our remote but rising locations, and in
general approve of the liberal policy which is bring
adopkd by the parent state towards her offspring at
the antipodes.
kly present object is to offer some remarks on the
oft-debated subject of two chambers of legislation.
The comparative few in this country %S ho give their
attention to colonial subjects seem impressed that this
species of check is absolutely necessary for wise and
prudent legislation, and they are disposed to charge
the Colonial-office with some measure of culpable
laxity on so important a point. The Government, as
you are aware, have left the question to the consider-
ation of the colonists themselves. Mr. Hawes re-
marked, in his speech yesterday, that the colonists
generally were opposed to the principle of two
houses. This is the case, and they have not of course
come to this conclusion without their reasons—good
and sufficient ones we hope they will be considered.
In the first place, the ultimatum in legislation is
not with the governor of the colony, but with the
Colonial-office, in Downing-street. This is our real
sovereign or representative of sovereignty, and thele-
fore the Governor and his Executive Council stand
themselves much in the position of an upper house
or check upon the popular assembly. Whatever may
be the legal theory, the is the practical case.
Next, an "Upper House" in a colony may pos-
sibly be such in point of law, but in reality it is no
such thing. This house is constituted by nomina-
tion of the Governor, and no one who looks beyond
mere forms and shadows can imagine that such a call
is equal, much less superior, in dignity to that by
election of the colonists. I shall not cavil about
legalities.--I give you the practical sentiments of the
colonists.

For these reasons, an Upper house" is neither
desirable nor necessary. It is a physician without a
patient—a supernumerary cook, who only disorders the
kitchen by being in every one's way. Partisan spirit
runs high in the colonies—proverbially so; but
assuredly this is riot to be lessered by setting up a
House of Government nominees to emasculate the
vigour of the popular representatives. In New South
Wales, the present single chamber is composed, as
you are doubtless aware, of twelve nominees and
twenty four popularly elected members; and even
here it is desirable to reduce the former to the six
who are the ex-officio members, such as the colonial
secretary, treasurer, &c., &c. Such members are in-
disputably seated in the Legislature. They supply
information connected with their several departments,
and explain and defend the Executive Administra-
tion. But with regard to the six nominees, I think
experience has shown that in reality they do the
Executive no gcod. In proportion to the strength of
this minority, the public sympathies are apt to be
withheld from the Executive; and a judicious and
temperate Governor will not fail some day to discover
the truth of the motto " Save me from my friends,"
and to act promptly upon his new views by ridding
himself entirely of his too obedient servants the
nominees. I am, Sir, &c.,

AN AUSTRALIAN COLONIST.
London, June 6, 1849.

CASE OF CAPTAIN DOUGLAS.
TO THE EDITOR OF THE SUN.

Sia,—ln your issue of the 11th ult. you write, with
regard to the case of Captain Douglas, late 16th Foot,
—" Nothing can possibly tend more to degenerate the
character of a nation I,ke England than occurrences
conducing in any degree to the diminution or that exqui-
site sense of honour which, as thelastvestige of chivalry,
is as essential to the well-being of our distinguished
services, both naval and military, as the qualities of
valour or the princ:ples of patriotism." True. And is
the extent to which accusations of falsehood have of late
years been brought against officers of the Briti,th army
not to be deplored ? I had hoped that such charges
were confined to the soil of IlincloAati, and it is midi the
deepest regret that I find that the system begins to ob-
tain in Great Britain. In the former country it is no
uncommon occurrence (vide ludian General Orders) to
find an officer charged with scandalous and infamous
conduct, unbecoming the character of an officer arid a
gentleman in having made false statements, tried by a
general court-martial, found guilty, sentenced to be
cashiered, and recommended to mercy by the same Court.
Permit me to instance two cases—two out of many.
Paymaster Walshe, late 2d or Queen's Royal
Regiment, was in 1845 (I think) pronounced
by a general court-martial guilty of conduct of a
scandalous and infamous nature, unbecoming the cha•
reefer of an officer and a gentleman, in that he had
made several false statements, sentenced to be cashiered
and recommended to mercy. The sentence was con-
firmed by the Commander-in-Chief in India, but the
Duke of Wellington advised her Majesty to attend to
the recommendation of the court. Paymaster Walshe
was restored to the service, and he is now serving. The
late Lieutenant Pilford was found guilty of falsehood by
four different courts-martial, and was afterwards ap-
pointed by the Duke of Wellington to the 96th Regi-
ment. This took plies from 1840 to 1845. Strange to
say, in not one of these cases was he sentenced to be
cashiered or dismissed the service. But, on this officer's
fifth trial, the sentence of the court was, to be cashiered.
Tho charge against him was, that he had been heard to
say that Sir Thomas NPMahon, late Commander-in-
Chief in Bombay, might bed—d. It was after the
latter occurrence that Lieutenant Pilford was appointed
by the Duke to the 96th Regiment. Now, it is not to
he supposed that the Duke of Wellington for one moment
conceived that these officers had been guilty of false•
hood. It is obvious from what I have stated, that there
is a monstrous defect in the constitution of courts-
martial. It is usual to take officers from a roster to
sit as members, no regard whatever being had to their
being possessed of a requisite degree of intelligence for
the due performance of the high duties they may be
called on to perform; and when it is considered that the
highest military authority in the country has recently
found it necessary to prescribe an examination in the
most common and most boyish branches of education
for young men prior to their being appointed to cum
missions, it is surely not reasonable that courts-martial
should be composed of officers whose only qualification
for sitting as judges and jurymen, in cases where the
lives, liberties, honour, and character of their brother
officers and fellow-men may be at stake, is, merely that
they are the first on the roster for the duty. It is a trite
saying, that it is the fool of a family who is sent to the
army, and there is, perhaps, more truth in it, in many
instances, than people imagine. I recollect an instance
of an officer of 25 years' standing being examined as a
witness before a court-martial, when the following scene
occurred. Let the officer in question be known as Cap-
tain Royal:—
Judge-Advocate--Did the prisoner do so prior or
subsequent to the occurrence you have stated?
Captain Royal gives no reply.
Judge-Advucate repeats the question.
Captain Royal—What do you mane by prior or sub-
saaquent ?
dudge-Advccate—Don't you know the meaning of
the words prior or subsequent? they are common words
in the English language.,
Captain Royal—No.
Judee•Advocate—The words prior or subsequent
mean before or after.
Captain Royal—Before or afthur ! I understand be-
fore or aftlair, but who ever heard " before or a filler'
calk d " prior or subsaaquent," until now.
Captain Royal haccduring his Lot g service, sat as a
member of irinumerab!e courts-martial.

The qstem calls loudly for a remedy, particularly, as
you very justly observe, iu thi se times, " Any officer,
every cfiicer, is open at any moment to find himself
chargtat with this verbal culpability, exactly as any
one crossing the parks of London after nightfall
runs the hazard of becoming the innocent victim
of the most infamous and ruffianly imputations." I
say, witl cut the fear of contradiction, that it there is even
one case on r‘cord in the whole army, and of a recent
date, of a general court martial having pronounced an
officer guilty of Scandalous and infamous conduct, unbe-
coming the character of an officer and a gentleman, and
having recommended that officer to mercy, it is at least
suffick.nt to demand inquiry. Putting the most generous
construction on the principles of the members of such a
court, it is a virtual admission that they found the pri-
soner guilty of a charge of which they did not believe
him to be guilty.
I venture to say that had Captain Douglas's court-
martial honourably acquitted him, the Duke of Welling-
ton would have recommended an approval of such finding
all the same. The Duke has always acted on line and
rule principles, and his attachment to old institutions is
well known.

In conclusion, I may observe with respect to Captain
Douglas's. case, that the finding is illegal. The finding
is cashiered, whereas it should have been dismissed the
service. To be cashiered is a much more severe sentence
than to be dismissed the service, and, by the articles of
war, Captain Douglas could only have been cashiered
had he Lean found guilty of " scandalous and infamous
conduct, unbecoming the conduct of an officer and a
gentleman." He was not even charged with scanialous
and infamous conduct. Why should the country pay
the Judge Advocate-General 3,000/. a year, if his know-
ledge of the articles of war was not sufficient to enable
him to bring under the notice of the confirminc, authority
a point so simple, so clear, and so well understood as
this. I know nothing whatever of Captain Douglas, and
I have not read the proceedings of his court-martial, but
I would recommend him to bring his case before the Le-
gislature of his country, and he may yet be restored to
the position which he so honourably held in the army,
It is well know in the service that the findings of courts-
martial aro no criteria of the real guilt of the prisoners.
June 5, 1849. AN OLD OFFICER.

P.S.—ls it not odd that the system of making malig-
nant accusations of falsehood against officers of the army
should have sprung up about the period that duelling,
one of the lust vestiges of chivalry, was abolished?—
He who runs may read.

REBELLION LOSSES.—CANADA.-It appears from
a Parliamentary return just printed that the number of
persons in Canada whose claims for compensation for
losses sustained in the rebellion of 1837-1838, filed Le.
fore the Commissioner is 2,176. The aggregate amount
of their claims is 241,964/. The account of property,
real or personal, damaged or destroyed, was 180,088/.,
and the amount claimed for speculative, or other losses,
is 61,876/.