The Sun.
London, England, 1849-09-18 00:00:00

kii.ll'oll nys kl4ll-ti 1

LONDON, TUESDAY, SEPrEMBER 18, 1849,

Although disgraced in the eyes of his countrymen,
end ignominiously dismissed from her MAJESTY'S
service as one who had tarnished the national flag by
unexampled cruelty, by false entries in the log-book,
and by something very like embezzlement, Mr.
PITMAN must not flatter himself that he has yet
drained the bitter cup of expiation. He cannot slink
away into unenviable obscurity yet awhile; he can-
not as yet shut his ears against the roar
of popular execration ; he cannot for some
time to come console himself with the thought
that his heartless and tyrannical proceedings
are passing into oblivion. So long as one of his
ictims shall continue to suffer unjust punishment, so
ng will his name appear as a bye word in the leading
articles of the journals of England. That at least we
promise him as far as we ourselves are concerned. At
present there is unfortunately too much reason for
our continued reference to the miserable transactions
with which the late Commander of her MalrEssry's ship
Childers has become associated ; for_ several of the
officers whose evil fate it was to be subject to his in-
solent and contumelious authority, several of those
gentlemen who were driven to actual desperation by
his proceedings, are still undergoing the unjust sen •
tence of the court-martial whose decision is
proved to have been egregiously false and exag-
gerated by the very wording of the subsequent
sentence pronounced by the court-martial since
holden at Plymouth. It will have been observed
doubtless by many, from a statement made in our
naval intelligence yesterday evening, that Mr
SMITH, the master's assistant of H. M. S. Childers,
seeing that the Lords of the Admiralty have officially
withdrawn the words " with disgrace," unwarrant-
ably appended to Mr. SMITH'S_ discharge from the
service, has resolved to commence an action at law
against Mr. PITMA.N. Than this nothing can be
more justifiable. Here is a master's assistant ruined
for life by the appending of the words " with dis-
grace " to his discharge from her MAJESTY'S service :
the Lords Commissioners of the Admiralty expunge
those two words from the discharge, declaring them
to have been unwarrantably appended—and the'vic-
tim does what every one is empowered to do in this
free country under similar circumstances, namely,
proposes to enter an action at law against the party
who has thus fraudulently injured his character.
Meanwhile Mr. Gitaitios, the lieutenant, and Mr.
ELLIOTT, the master of H.M.S. Childers, are at this
very time undergoing the miseries of a cruel and
undeserved incarceration, although the correctness of
their representations with regard to Mr. PITMAN has
been testified beyond all gainsaying, Eby the fact of
the ignominious dismissal of that person from the
service of her Britannic MAJESTY. No one, we
take it, will, have the temerity to deny that
had the trial of Mr. PITMAN been anderfr to the trial
of Messrs. GRAHAM and ELLIOTT, the sentence pro-
nounced upon those unfortunate gentlemen would at
any rate have been very materially mitigated. At
the least, they would have escaped a year's imprison-
ment " as felons" in the county gaol at Exeter—for
it would then have been manifest, as it is now, that
although unquestionably culpable as having com
mitted the high crime of desertion, they had been
goaded on to that offence by extraordinary, and, we
trust, unparalleled circumstances, by treatment
such as no officer could brook, by insults
such as no gentleman could passively endure, and by
witnessing a systematic tyranny, such as would have
been disgraceful on the part of a pirate, a bandit, or
a buccaneer. Unhappily, however, for the service,
and for these two ill-starred victims of Mr. PITMAN,
their trial preceded that of their persecutor. Their
offence was viewed through a false and exaggerating
medium, and they are now subjected to treatment,
the simple announcement of which must, we are sa-
tisfied, call forth the generous and indignant protest
of the community. To demonstrate as clearly as
possible the nature of the extreme punishment which
they are now groaning under, from incarceration, we
transcribe as follows the letter addressed by one o"
these young officers to his legal adviser at Devon
port

" Exeter County Gaol, Sept. IS.
"My dear Sir,.—l beg to acquaint you that we are
here confined as felons, and should feel grateful if you
could in any way ameliorate our unfortunate position. I
consider there is a mistake altogether in placing us in
this gaol with the wretched beings who constitute the
prisoners here. I leave everything to you, because I
consider that you will not permit me to be treated in a
manner more severe than that which our sentence was
int Prided to express.
My daily allowance of food here is:—Breakfast and
supp ;..r. 1 pint of gruel and 8 rz. of bread; dinner for
tour days, 3 oz. of dressed meat and 1 lb. cf potatoes;
dinner for three days, 1 pint of soup and 1 lb. of

Pintoes.
" Wa ara not permittel by the rules of this gaol to
have anything we can pay for. We sleep in a cell,
and unless we mix svih the poor unfortunate creatures
I"".iiViSlr ..y 4kl. we have no place in which we can take
r....... a.,,.
4.119 P!. ,'nor of the gaol is an excellent man, and
~../ , - .- •
- is-dc kivN. • he cannot overstep his regulations.
''' - i "C•411111(ni'• ••f we are to be kept here id.this state I
--: ‘ -- \ If (
frk.ittre--3te .: 4i ~sth die. I .:sit you to take some steps
1
"" \-',, ' ht.fif..#4.ii, Av)t this unenviable position, and
, , _ i - ••<•,- . 4 r 17. e me, my dear Sir,
- 'r. 7-- cI•T " Ere; ;Burs tru!y and respectfully,
_
ii als, ~ A. E. ELLIOTT,
mdr "Late Mister her 111,-.jesty's ship Childers."'
Such is one of the consequences cf the unmanly,
dastardly, unsailor like, and thoroughly un-English

conduct of Mr. J. C. PITMAN, the petty despot of the
Childers ! And does this man suppose for one mo-
ment that the public will remain quiescent while
these things still continue—does he imagine that the
Press will remain dumb upon the subject out of any
fribbling regard for his feelings, forsooth ? If he
does—he is marvellously mistaken. We, for one,
will not cease to comment in the strongest language
we can employ, until we find that Mr.
GRAHAM, and Mr. ELLIOTT, and Mr. SMITH,
and all the other unfortunate victims of
his cruelty, are released from that superfluous,
or rather we should say that supplementary, punish-
ment which justice would rather have inflicted upon
the author of their offences, upon the originator of
their misfortunes, upon the cause of all this suicide,
desertion, and insanity ! Justice we maintain would
have placed Mr. J. C. PITMAN in the felons' cell in
the Exeter county gaol, rather than Mr. GRAHAM,
the Lieutenant, and Mr. ELLIOTT, the Master,
of her MAJESTY'S ship Childers. Feeling thus, we
cannot but declare that our whole soul revolts at the
miserable punishment to which these officers are so
cruelly and unjustly subjected. If ever
a memorial was called for it is called for
by this occurrence and these revelations—
a memorial in which the People should express their
disgust at the conduct of Mr. PITMAN, their deep com-
miseration for Messrs. GRAHAM and ELLIOTT, and
their dissatisfaction at the evil results perpetually
arising from the present system of courts-martial. We
do here earnestly press upon the public judgment the
necessity for such a memorial, and would aid it by
any means at our command, as far as the metropolis
itself is concerned. Such a memorial as this we cannot
but think would ( oaiwn to the more rapid destruction
of the existing system of courts-martial.

It appears that " the good old times," when Irish
magistrates carried with them their political and
party predilections and prejudices to the bench of
justice, are to be restored ; that the cases submitted
for adjudication sire to be decided on, not according
to their real merits, but according to the private
views and feelings of the presiding justices. Such
at least has been the principle on which a
abod3,of
" the great unpaid," assembled at Castlewelln : acted
on Thursdaylast, wrehfeuns,edaftteor a
receive long
and
informations
animated
discussion,d
discussion, they
against the persons concerned in the party procession
and subsequent outrages at Dolly's-brae, on the 12th
of July, when five persons lost their lives, and many
others were seriously hurt, and when several houses
were wrecked and demolished by the assembled
rioters. What hope can there be for
unhappy Ireland when the laws are ad
ministered in such a spirit? What rea-
sonable expectation can be entertained of
the restoration of peace and tranquillity in that
afflicted land, when the stream of justice is polluted
at its very source ? How can the people repose any
confidence in those who have so shamefully abused the
important cowers committed to their hands ? The
worst days of Orange domination and ascendancy
scarcely witnessed a more flagrant violation of magis-
terial duties than was afforded by certain justices
of the peace for the county of Down within the
list week, although the misgovernment and op•
pression that was then exhibited have passed into a
proverb, and were considered by all unprejudiced
and right-minded persons sufficient to account for
all the misery and disturbances that have since oc-
curred in the sister kingdom.
It is scarcely necessary to revert to the proceed-
ings that disgraced the northern province on the last
12th of July. On that day, the anniversary
of many former scenes of outrage and disturbance, of
sanguinary conflicts and internecine strife, a large
body of Orangemen determined on walking in pro-
cession for the avowed purpose of complimenting their
Grand Master, a nobleman of lorge fortune, and a
magistrate of great influence, but really with the
intent of insulting and exasperating a considerable
body of their fellow-subjects. In vain were they
warned of the illegality and impolicy of the contem-
plated exhibition. In vain were remonstrances
addressed to their leaders. They were informed of
the great probability of some fearful catastrophe
being the result of the reckless exhibition—of the
absolute certainty that there would be a breach of
the public peace if they persevered in their insane
determination ; nothing could induce them to
forego their insolent triumph. The salutary law against
party processions had unfortunately been suffered to
expire, and they reckoned with but too much; reason
on the well•known partiality of the local magistrates,
by many of whom their rash design was counte-
nanced and encouraged. They marched accordingly
to Tollymore Park in large numbers, with drums and
fifes, and all the insignia of their confederacy, where
they were entertained and harangued by their brother
and master, the Earl of RODEN, who was also the
leading magistrate of the district—the appointed
conservator of the public peace. A large body of
police were in attendance, clearly indicating the
reasonable apprehensions entertained by the authori‘
I .
ties as to the too probable consequences. Lord
1 RODEN was himself applied to to use his influence with
the party, to induce them to return by a different path
from that by which they had arrived, where a threaten-
ing multitude had assembled to contest their passage,
but his Lordship peremptorily refused, alleging that
"his influence would be of no avail." The excited
party set out on their homeward journey; they saw
that a terrified and indignant multitude were assembled
on the neighbouring hills, but they had among them
four hundred well- armed men, and they determined to
force their way despite of opposition. The anticipated
collision took place. The fair plains of Ulster were
again stained with Irish blood, shed by Irish hands—
five Roman Catholics were shot dead i many more
were grievously injured, and their lives endangered.
And, as a fitting consummation to the sanguinary
work, several houses were set on fire and destroyed
over the heads of helpless women and innocent
children, who were left by the "champions of
loyalty" without a home or a roof to shelter them.
Such outrageous proceedings could not be
suffered to pass unnoticed. An investigation

into all the circumstances of the case was
directed, which was entrusted to an able and ex-
perienced barrister, whose high character and well-
known impartiality recommended him to all parties,
and ensured a fair and unprejudiced report. Although
perhaps the extraordinary mildness and amiability of
disposition for which he is so remarkable to a cer-
tain extent disqualified him from dealing with the
truculent offenders in the manner they deserved, in
accordance with his recommendation, informations
for riot and unlawful assemblage were preferred
against several of the Orangemen implicated in the
transaction. No possible doubt could exist that they
had been guilty of a grave violation of the law. An
unlawful assembly is defined by HAWKINS to be

" any meeting whatever, under such cir-
cumstances of terror, arising either from large
numbers, or manner of assembling, as may
endanger the public peace, and raise fears and
jealousies among the people ;" and "it is immaterial
whether the act done be unlawful or not—doing it
in a manner calculated to inspire the people with terror

is equally punishable whether it be lawful or not."
This state of the law was clearly explained by Mr.
BERWICK, who, however, with a laudable delicacy
abstained from voting' on the question. Not, so,
however, did Lord RODEN act. Although himself a
particeps crilninis, and by many regarded as the chief
culprit, the Noble Lord not only took the chair of
the bench of magistrates, but actually proposed that
they should refuse to grant the informations applied
for. He did not dare to question the law, so clearly
and distinctly explained by Mr. BERWICK. He could
not deny that the parties had offended against the
law, but he alleged that they had previously offended
in like manner with impunity, and, therefore,
that it would be aa " hardship"—a hardship,
forsooth, to answer for their acts before a jury
of their countrymen. In this extraordinary view he
was seconded by a clerical coadjutor—the Rev. Mr,
PORDE, 'who thought, as a magistrate, "he was
bound to give the accused the benefit of the doubt"
—and ultimately supported by a majority of one
among the justices.

A practical immunity is thus to be afforded to the
wrong-doers, which must have a most injurious
effect upon the minds of the people. The Irish are a
shrewd and intelligent race, and they will not fail to
perceive the nece!sary results of this most unfortunate
and extraordinary decision. llenceforward they will
believe that men may commit any outrages they

please within the Castlewellan district, provided they
be of the right kidney, and can excite the sympathies
of Lord RODEN and his Orange brethren. Will the
Government, we ask, sanction such a state of affairs
as will justify such an opinion ? They will not,
they cannot do so. It becomes them to act promptly
and decisively to preserve the fountain of justice pure
and undefiled ; and, if they can no longer repose
implicit confidence in the impartiality of the unpaid
magistracy in any district, to dispense with their
services thenceforward and replace them by compe-
tent stipendiaries, who will decide on the several
matters that may be brought under their consideration
without fear, prejudice, favour, or affection.

THE FRENC_H REPUBLIC.

We have received the Paris Paris of yesterday.
The Moniteur publishes a report from M. LAN.
JUINAIS, as Minister of Worship ad interim, recom-
mending that the consent of the PRESIDENT of the
Republic be given to the holding of a council of the
heads of the French church at Paris to consider
what changes may be advisable in matters of disci-
pline, in consequence of the modifications which
society has been of late subjected to. The report is
followed by a decree from the PRESIDENT authorising
the said council to meet, as proposed, during the re-
mainder of the year 1849.
The publication of the PRESIDENT'S letter on the
affairs of Rome has bad one excellent effect, it has
compelled the partisans of parti-pretre to throw
off the mask, and to exhibit themselves in their true
colours. They are as they ever were, and only
want the power to imitate the horrors of which they
are the apologists, and to organize a new St. Bar-
tholomew's. They call any attempt to prevent the
Cardinals from re-organizing the Inquisition, and
from massacring all who dare to differ from them in
opinion, an infringement upon liberty, as though
it
Thug
were afnryominfrcionmgemmiettnint
gupomnulridbeerr.ty
Itto Rirseven
a
de-
lightfulthe agonies of the
pa
affairs have taken—their ex-
hibition
malice is quite edifying. The
rt i - p r eot
fr toe
impotent a t the witness
turn
PRESIDENT of the Republic must be by this time
perfectly aware of the hollowness of the support
which these Judases have hitherto afforded to him
" to serve a purpose." Finding he is no longer to be
bamboozled, they now abuse him and plot against the
safety of the Republic. Will the PRESIDENT and
his advisers mete out to them the Fame measure that
they have meted out to the " Reds? •' Common
justice demands that they should, and public opinion
will uphold them in so doing. We shall see.
It is said that Austria accepts, in the fullest sense,
the letter of the PRESIDENT to Colonel NET, and
that the Austrian Minister has endeavoured to im-
press on the POPE the absolute necessity of making
the concessions to his subjects required by the PRESI-
DENT of the French Republic.
The health of the French troops in Italy is suffer-
ing severely. The Gazette de France says—
" The sanitary state of our army in Italy appears to
have awakened the solicitude of the Government. On
Saturday a member of the Superior Council of Health,
with several physicians, surgeons, and apothecaries at-
tached to the hospitals of Paris, among whcm aro MM.
Izcauchie, Faure, Lafont, &c., were sent off in all haste
for Rome. It is said that typhoid fevers and dysentery
are raging among the soldiers, and the invasion cf the
cholera is feared, which has raged so violently at
Venice and Milan. The information which we have ob-
tained is satis'actory as far as regards the mortality,
which is not so great as the number of sick might lead us
to expect The present season is, moreover, the worst of
the year in the campaign of Rome, and it is expected
that, as winter approaches, this distressing state of things
will change."
M. DE FALLOUX is convalescent.
M. MERCIER was sent off to Rome on Sunday with
dispatches for General RosToLAN.
The sailing of the fleet from Tculon has been
countermanded, and all the troops and stores have
been landed.

The PRESIDENT of the Republic, on the proposition
of the Minister of the Interior, and by the advice of
the Commission des Mises en Liberti, has ordered the
release of 225 of the insurgents of June, 1848, con-
fined in the pontoons of Brest, Cherbourg, and
L'Orient. In consequence of this release there are
now no more insurgents in the naval establishment at
L'Orient.