The Sun.
London, England, 1849-10-31 00:00:00

THE SUN,

vancement of civilization, than could be produced by i
the effects of the most flowery exordiums.or by the
stimulus of the most impassioned peroration. Yes-
terday we may have been dazzled by the pomp of
the mid-day celebration, and fascinated by the elo-
quence of the evening assemblage ; to-day we can
more properly estimate the value and understand the
moral of either spectacle.

• IP
It is always difficult to procure the reform of an
abuse of long standing. Many well-disposed persons
feel the strongest repugnance to interfere with what,
to use the ordinary cant, has been " settled by the
wisdom of our ancestors-" However palpable the
mischief, however glaring the evils of the system, it
will be sure to find defenders and advocates, while
those who are not immediately concerned in its
operation, although admitting the validity of the
objections that may be preferred, are still unwilling
to take an active part in the removal of grievances
by which it is, to say the least, extremely improbable
that they can ever be affected. Thus it is that a
greater share of public attention has nothitherto been
attracted to the subject of Naval and Military Courts-
Martial. Cases of gross and palpable oppression and
injustice, such as those of Messrs. GliAlll3l and
ELLIOTT in the one service, or of Mr. DOUGLASS in the
other, are occasionally brought to ligfit. The public
attention may be strongly excited for the
time being ; the utmost sympathy may
be entertained for the innocent victims,
and indignation against the tyrannical oppressors,
but it is speedily directed to some other object, and
the objectionable system under which such inequitable
proceedings are even possible is suffered to flourish
in rank luxuriance, to destroy new victims under its

blighting influence.
The cause which has hitherto retarded, indeed,
we may say that has practically prohibited any
amelioration in the procedure of martial tribunals, is,
that officers of the respective services—men who may
be said to have risen above the operation of these
courts, which are as indulgent to the higher class of
officers as they are severe and tyrannical to those of
lower grade—are accustomed to arrogate to them-
selves the sole power of judging of the propriety of
any change or alteration ; and the claim has been
tacitly sanctioned by those who could approach the
subject with unbiassed: and: unprejudiced minds.
Persons who have spent the greater portion of
their lives in active service are, probably, of
all others, the very last to Whom such ques-
tions should be referred. They are bigotted
in favour of the system that prevailed when they
were entering upon their professional career, and
which, whatever might be its defects, at least worked
favourably fur themselves. They can only view
affairs through one medium. The comfort and
happiness of crews must be unhesitatingly sacrificed
for the purpose of conferring unlimited authority
upon commanders, under the erroneous supposition
that discipline cannot otherwise be preserved ; one
must be rendered an autocrat, and all others slaves,
whom he may dispose of and tyrannise over at his
pleasure, and this simply because the parties
adjudicating belong to the favoured class, and only
consider the matter so far as they themselves may
be affected.
Thus it is that the " pressing" system is still
defended and declared to be essential to the mainte-
nance of the maritime supremacy of Great Britain.
And even corporal punishment, brutal and demoraliz-
ing es it is acknowledged to be, the mere liability
to which is of itself a degradation to our gallant
defenders, is advocated by the great majority of
veterans, who consider themselves alone qualified to
form a sound opinion on the subject. A Congress of
Despots would be the worst possible judges as to
what might be required by the constitutional liberties
of a free nation ; or, to use a more homely compa-
rison, a body of stage-coach proprietors would not
be the parties to whom the propriety of extending
railway communication should be referred. In like
manner, naval or military officers, in place of being
the most competent, are, perhaps, the least qualified
to judge correctly in a matter in which they are per-
sonally interested.
There are, however, some honourable exceptions
to the general rule. The Hero of lieeanee and
Hyderabad has offered the most valuable suggestions
for the improvement of military tribunals, and we
have now before us some " Remarks on Naval Courts-
Martial," by Captain Sir FREDERICK W. ERSKINE
NICOLSON, Bart., which although they do not go to
the root of the evil, or insist upon the extensive
alterations so urgently to quired, may still be regarded
as a movement in the right direction, an entering upon
the path that will ultimately lead to a large and com-
prehensive measure of reform.
The Gallant Baronet points out some of the most
, striking difficulties that affect inexperienced persons,
wholly unacquainted with the laws and principles of
evidence, when called upon to act as judge and jury
on a case affecting not merely the professional cha-
racter and prospects, but even the honour, perhaps
the life, of a brother officer. Such persons reust
deeply feel the want of an assessor, thoroughly versed
in the naval code, who could immediately resolve any
doubt that might arise, and who would see that the
scales of justice were held with an even and impartial
hand between the opposing parties. The improper
admission or rejection of evidence, an erroneous esti-
mate as to its application, may produce the most
irjurious and fatal results ; and yet the decision
entirely rests with persons not only totally ig,
rant of the ordinary rules, but who too often
manifest the greatest jealousy of any attempt on the
part of the prisoner to enlighten them on the subject,
or to cite an authority for their guidance; and yet
the judgment which they pronounce is final and
conclusive—there is no appellate tribunal to which
the injured party may apply for redress. In military
courts-martial the Commander-in-Chief must approve
and confirm the proceedings, and he may send back
the sentence for revision. All the naval Commander-
in-Chief is empowered to do is to suspend the execu-
tion of the sentence until the opinion of the Lords Com-
missioners of the Admiralty has been taken on the sub-
ject. There is also a lamentable want of any well-
defined rules of procedure ; they vary before the
different courts, according to the fancy of the
most influential member. A right of cross-
examination will at one time be allowed,
which at another may be materially abridged.
The order of the proceedings is not, in fact, clearly
laid down for the guidance of the court, and must
depend in a great degree upon the individual fancies
of its members. Too much is left totheir discretion,
and the " certainty" and invariability of procedure
which should be the great end and object of every
tribunal, however constituted, is thus completely lost
sight off.
Under these circumstances, Sir FREDERICK sug-

gests,
"Ist, That the 22d Geo. 11., e. 33 (the Act under which
Naval Courts-Martial are held), and the Acts passed for
its amendment, should be completely revised, especially
as regards the punishments to be awarded, a well-consi-
sidered scale of which might be established without limit-
ing too strictly that discretionary power which should
always be left to the courts. 2d, That clear and minute
directions should be issued as to the whole course of
proceedings from the order being issued to assemble the
court until the sentence be passed. 3d, That an official
prosecutor should be employed to conduct all cases which
occur at the home ports.
On the second point Sir FREDERICK recommends
that the direction " should be either inserted in the
Queen's Regulations, or issued in a separate form,"
and adds that, "if so issued, with the addition
of an exposition of the leading principles
of the law of evidence, and some carefully selected
legal opinions on doubtful points, likely to arise again,
together with the newly-revised Act, an invaluable
textbook would be formed for the guidance of naval
officers when called upon to act as judges."
There can be no doubt that if these propositions
were adopted, and judiciously carried into operation,
a vast improvement would be effected in the entire
system of naval courts-martial, although, as we have
already stated, we believe that a total alteration might
be advantageously introduced, by which all important
cases would be decided before an Admiralty-Judge
well acquainted with the principles and practice of
I law, assisted by a jury, who should return a verdict
tri to the facts of the case, permitting the presiding
the Judgerul e
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War.

ACCIDENT TO MR. TELBIN, THE SCENIC ARTIST.
—This clever scene-painter is at present suffering Iron,
the effects of a severe accident, which ho experienced
from the falling of a scaffold while painting, but happily
he has sustained no fracture of the limbs.

THE kjtENCI-1 REPUBLIC.

We have r 4ceived the Paris journals of yesterday.
The Assembly determined on Monday, by a large
majority to co utinue the state of siege of the city of
Lyons. M.DUP.AURE entered into a lengthened state-
ment on the subject of the existing state of the city,
and contended that it would not be prudent to raise
the state of siege for the present, an opinion in which
the great majority of the Assembly concurred.
The Constitutionnel contradicts from authority the
statements made by the Assemblee Nationale of Mon-
day with respect to a joint note having been sent by
the Northern Powers asking the French Government
to join them in demanding from Switzerland the re-
establishment of the sovereignty of the King of
Paussia in Neufchatel, the expulsion of the revolu-
tionists, and the restoration of the federal pact of
1815. No note of the kind has been sent to the
French Government.
M. DE FALLOUX left Paris on Monday for Anjou,
from whence he will proceed to Italy.
The Legitimatist intrigue to substitute a Thiers-
Mole Ministry for the Barrot•Dufaure Cabinet at
present in office, is still proceeding. As an induce-
ment to the PRESIDENT to dismiss his present advisers,
I and appoint M. MOLE to office, the parti-pretre has
promised that 'the first act of the new Ministryfrancs shall
be to propose an increase of 1,200,000
1 (48,000/.) to the annual salary of the PRESIDENT.
A letter from St. Etienne states that the riband
weavers in that town have struck for higher wages.
The consequence has been, that large orders have
beedwithdrawn from the manufacturers of St. Etienne
and sent to Switzerland.
The French authorities have prohibited the entrance
into France of MAZZINI'S journal, the Italia del
Popolo. They even sieze, at the Post-office, copies
of the journal addressed to persons residing in Eng-
land and America.
M. ODILON BARROT is indisposed, and suffering
rather severely from an old complaint.
It is stated in some journals that General DE La.-
MORICIERE was about to be recalled from St. Peters-
burgh, for the purpose of conferring upon him a mili-
tary command of the highest importance. It is
rumoured in the salons that he is to succeed CHAN..
GAUNTER in the command of the garrison and Na-
tional Guard of Paris.
With reference to the late meeting of the Parlia-
mentary Club of the Council of State, an evening
paper observes—
" It was remarked that on this occasion M. Piscatory
spontaneously assumed the defence of M. Berryer, less
against accusations brought forward in the meeting
itself than against those coming from outside. This
sympathy, so unexpected from the son-in-law of General
Foy, for the Legitimatist advocate, has given some con-
sistency to the rumour disseminated, on the faith of a
foreign journal, that MM. PiscAtory and Berryer are at
the present moment charged to come to an understand-
ing for an arrangement between the branches of the
Bourbon family."
The Debats has the following remarks on the
events which have recently taken place at Madrid :
"No explanation has been yet given as to the object
of the conspiracy hatched by the camarilla of the hus-
band of the Queen. According to some it was a Carlist
and Absolutist plot in favour of the Count de Monte-
molino; whilst others declare that the object was to place
the crown on the head of the Infanta Donna Fernanda,
sister of Queen Isabella. Others, again, positively state
the intention to have been to confer all the political
authority of the Crown on the King Don Francisco.
Tnis_last version dces not appear wanting in probability,
if we consider the previous conduct and the position of
the persons who have been arrested as participators in
the intrigue. Father Fulgencio, for instance, is con-
temn: ot the King, as well as of the family of Don
Francisco, his father; M. Bahia is an old aide-de-camp
of this same Infante Don Francisco ; M. R.rdon is one
of the secretaries of the King ; M. Melgar his pri-
vate secretary, is archivist ot the House of the Infante;
M. Quiroga is gentleman of the private household of the
King; and the Mother Patrocinio, the religieuse, who
figures in the affair, is own sister of the above M.
Qsiroga. Nothing, therefore, would appear to connect
these individuals with the Count de Montemolino, and
still less with the Infanta Fernanda. Several very im-
portant papers have been seized at the residences of
Father Fulgencio and M. Rodon, but their contents have
been kept a secret; it is, however, said that amongst
them is a voluminous manuscript, containing a com-
plete plan of government, in which there would be twelve
.dinisters, a number probably indispensable to satisfy
the claims of the actors in the plot. Considerable sums
in gold and bank securities were also round at the
house of Father Fulgencio, but these were delivered
up to his brother, and the papers only seized. There
was some difficulty in effecting the arrest of the
mother Patrocinio, the Superior of the Convent of the
Trinity. She resisted for a long time, alleging the
ecclesiastical immunities of her profession; but she, at
length, yielded, and has been sent off to Badajoz
under the escort of two females and an officer. This
religieuse was celebrated at Madrid by her extatic vi-
sions. According to her account saints and angels had
appeared to her, in order to reveal what was to be done
for the good government of Spain. She kept up a
very active, political, and mystical correspondence with
Father Fulgencio, and it is even said with the King.
General Narvas z, since these events have occurred, ap-
pears to have made advances of conciliation to the Pro
gressist or Old Esparterist party ; having called to im-
portant functions, General Gallego and General Eva-
reste San Miguel, and the Herald°, the semi-official
journal of the Narvaez Cabinet, declares that the Go•
vernment has decided on seeking out for the most intel-
ligent and meritorious men from all parties in order to
fill public employments."
PARIS BOURSE.—TUESDAY, OCT. 30.
The market opened with some show of firmness, but
some considerable sales having been made, prices de-
clined rather considerably, bat previous to the close
they rallied a little, to leave 14f, however, lower than
yesterday ; Threes for the Account closing at 56F. ; and
Fives at 88f. 25c. The market closed as follows:—
Threes, for cash, 55f. 90c.; for account, 56f.; Fives,
for cash, 88f. 25c. ; for account, 81f. 25c. ; Bank of
France Shares, 2,340 f. ; Spanish and Neapolitan not
quoted.
RAILWAYS.—The Share Market has been rather heavy,
and prices are a shade lower. Rouen closed at 525 f. ;
Avignon, 225 f.; Vierzon, 3001.; Strashurgh and Base,
1021. 50c.; Amiens, 137 f. 50c.; Bordeaux, 402 f. 50e.;
li4rthern, 433 t. 75c.; Paris and Strasbargh, t 357 t. 50c.;
Nantes, 283 f. 75c.; Havre, 2351.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, Ocr. 30.
Northern of France, 2% die.—Orleans and Bordeaux, 3
1
'no-
Sambre and Meuse, 174.
1

SPAIN.

Madril journals of the 24th have arrived.
The Nacion publishes a letter from Paris of the
17th, which contains the following passage :
" Great animation has prevailed among the Carlists
here for these three or four days passed. Some think
themselves already in the Palace of Madrid, carrying
the skirts of the mantle of Count Montemolin. To those
who contradict these illusions, they answer that they
count on very high protections at Madrid, and that the
representatives of two northern powers have the special
charge of their Courts not to stop until the last seed is
rooted up; and to this it is added that there will be a
divorce, new marriages, arrests by way of precaution,
and, in fine, a complete return to pure absolutism. In
corroboration of these ridiculous stories they say lastly,
that a high personage will take the initiative at Madrid,
and that the Spanish Ambassador at Rome is disposed to
smooth away all ecclesiastical difficulties. The gravity
of these rumours, absurd as they may appear, obliges me
to acquaint you with them, to see it it is possible to find
a corrective for them."
This letter would seem to confirm the suspicions
of those who regard Father FULGENCIO as a Legiti-
matist agent.
A complete reconciliation has tiken place between
NARVAEZ and the KING CONSORT. The latter has
betrayed all his accomplices, and as a reward he is
permitted to remain in the Palace, instead of being
banished to Valladollid, as had been at first pro-
posed.
NARVAEZ has, it is said, made advances to the
Progresistas.

GERMAN Y
AND

THE NORTHERN STATES.

CENTRAL GERMANY.

llanover and Saxony have definitively withdrawn
from the triple alliance.
The conduct of the Kings of HANOVER and SAXONY
has aroused the indignation of all Germany.