The Sun.
London, England, 1840-11-02 00:00:00

TO CORRESPONDENTS

" An Old Indian," sent us a letter some days ago, con-
taining grievous charges against a public character. On
referring to our Correspondent for his name and address
confidentially, he declines, and adds, " I beg also to ob-
serve, that I cannot by any means vouch fur the truth
of the scandalous story," yet he wishes us to publish his
scandalous story ! If all Indian Officers were like this
" Old Indian"—(and to their honour they are not)—Lord
Cardigan might well be excused for his dislike to them.

HIGH WATER AT LONDON RRIDGE TOMORROW.
Morning 59 minutes after 7. I Evening 27 minutes after S.

Publication of the Evening Edition of THE SUN COM.

menced at 20 minutes after Three.

:Heti
P- • s'„
°
•

THE SUN, LONDON, IVION DA Y. NOVEMBER 2 1840.

is guilty of the whole of the first charge preferred 1
against him.
And the Celle hsvieg sees:rely and ,:,.11;isisn.i.,
weighed and considered the evidence that has been pro-
duced in support of the prosecution, together with what
the prisoner, Lieutenant de Ingersleben, has offered in
his defence and the evidence thereon, are of opinion that
he is guilty of the first and second parts of the second
charge preferred against him, viz.
" For scandalous and infamous conduct, unbecoming
the character of an officer and gentleman, in openly re-
sisting the authority of his superior officer, the said Lieu-
tenant
Wynne, and for using opprobrious and disgrace-
ful
language to him, and striking him, to the prejudice of
good order and military discipline."
But the Court do acquit the prisoner, Lieutenant de
Ingersleben, of the remaining part of the said charge, I
viz., " and further threatening to repeat the insult."
The charges of which the prisoner, Lieutenant de
Ingersleben, has been found guilty, being in breach of
the Articles of War, the Court do, by virtue thereof,
sentence him, the prisoner, Lieutenant de Ingersleben,
! of the sth battalion 60th Regiment, to be dismissed his
Majesty's service.
The following letter of recommendation was trans-
mitted to the Marquis of Wellington, by the Presi-
dent of the Court, viz.,
" Oyarzun, Sept. 17th, 1813.
"My Lord—l have the honour to enclose the pro-
ceedings of a general Court-inertial, of which I was
President, on Lieutenant Ingersleben, sth battalion
60th Regiment, and it is at the particular request
of the Court, many of whom are personally ac-
quainted with the prisoner, that I take the liberty of
recommending him to your Lordship's mercy. I have
been the more induced to take this step from the very
good character that has been given me, by several of
the Members of the Court, of the prisoner for the
period of ten years, and for his good conduct in the
field, particularly at the battle of Albuera in which
he was severely wounded."
. " I have the honour to be, &c.,
(Signed) 0 " EDWARD STOPFORD,
" Major-General. President.
" Fiend Marshal the Marquis of Wel:iegtcn,
K. G., &c., &c.,
The following letter was addressed by the Marquis
of Wellington, to the President of the Court
" Lesaca, Sept. 20th, 1813.
" Sir—l have perused the proceedings of the Ge-
neral Court-martial, of which you were President, on
the trial of Lieutenant de Ingersleben of the .sth bat-
talion 60th Regiment, and the recommendation of the
Court, to which I feel every inclination to attend,
but I return both with the wish that the Court should
revise their sentence.
" I cannot but consider the transaction which has
been the subject of this Court-martial to be simply a
private quarrel, which has as little connexion with the
public service, and with the discipline and subordination
of the army, as any that has ever come under my notice.
" It is certainly true that private quarrels between
officers are proper subjects for the investigation of a
Court-martial ; but the complainant, in older to obtain
a decision in his favour, must come with a fair case : he
must not himself have been guilty of a breach of the
general orders of the army, and of discipline, and his
authority as a superior officer must not hare been ex-
erted against his inferior, against whom he complains,
in order to enjoy the advantage of this improper con-
duct, and above all he must have refrained from the use
of abusive and improper language and gestures.
" It appears that Lieutenant Wynne seized a stable
in the neighbourhood of the lines of the camp of his
company, on which he had no billet, and in which be
had kept his horses ; hut that having been absent, Lieut.
de Ingersieben followed his example, and equally seized
it, and put his animals in it.
n Tne right of each to the use of the stable was
equally void of foundation. Lieutenant Wynne, how-
ever, orders Lieutenant de Ingersleben to quit the
stable, and employs a guard to turn his horses out, not
on account of the impropriety of occupying it without a
billet, but in order to put his own in ; and here I can-
not but think him the aggressor.
" Had these gentlemen no commanding officer ?
Were there no means of obtaining redress for an injury,
supposing one to have been committed by Lieutenant
de Ingersleben, excepting by an armed force under
Lieutenant Wynne's own direction ? Was that armed
force used with propriety in this case, and is not Lieu-
tenant Wynne liable to trial and punishment for such
an abuse of his authority ?
" Then it is proved that in the course of the dispute
on this subject, Lieutenant Wynne made use of very
improper and provoking expressions and gestures to-
' wards Lieutenant de Ingersleben, and upon the whole,
however improper the conduct of the latter may have
been, it was not unprovoked ; and I recommend to the
Court tb pass a more lenient sentence upon him, stating
in the body of the sentence that the conduct of Lieute-
nant Wynne, the senior officer and complainant, was the
original cause of the misconduct complained of.
" I have the honour to be, &c. &c.
(Signed) " WELLINGTON.
" Major-Gen. the Hon. E. Stopiord. President
of a General Court-martial." •
.6
Irun, Friday,24th Sept., 1813.
" The Court having met for the purpose of revising
the sentence of the general Court-martial on Lieutenant
de Ingersleben, of the fifth battalion 60th Foot, are of
opinion, that as the charges are worded, and as the
Court have found the prisoner guilty of them, the
Article of War, number 28, 16th section, which par-
ticularly applies, does not leave them any alternative ;
but, adverting to the whole circumstances, and to the
provocation which might have. been given by Lieutenant
Wynne, the Court were induced to transmit, through
their President, a letter recommending the prisoner to
the mercy of the Commander of the Forces.
I am to acquaint your Lordship that his Royal
Highness was pleased, in the name and on the behalf
of his Majesty, to approve the finding and confirm the
sentence of the Court ; but as the quarrel between the
prisoner and the prosecutor appears to have been of a
private nature, in which both parties were culpable, the
Prince Regent was further most graciously pleased,
under such circumstances, together with the testimony
in favour of the prisoner's character, to consider him
a proper subject for the exercise of his Royal High-
ness's gracious clemency, and to command that he
should be restored to the functions of his commission.
" I am, my Lord, your's,
(Signed) " FREDERICK, Commander-in Chief.
Field-Marshal the Marquis of Wellington, K.G.,"
&c. &c. &c,
I should weaken this citation by dwelling upon it.
With this precedent what shall be done ? It is impos.
sible that a sentence procured by the exclusion of legal
evicts nee can be permitted to stand unreversed. It is
s qually impossib:e that an extra-judicial opinion, proved
to he erroneous, can be allowed to remain on record.
I do not feel it necessary now to debate the question
whether there may not be an inherent jurisdiction in the
Court of Queen's Bench to correct the errors of a Court-
martial held within the realm. There is a more facile
and direct mode of proceeding, which I recommend
for the adoption of Captain Reynolds : I advise that a
memorial be presented to the Queen in Council, setting
forth the legal grounds of objection to the sentence,
and praying for the decision of the Judges thereupon.
If, as I before said, the opinion of their Lordships be in
favour of the objection, the sentence cannot stand ;
and there is an end of the persecution of Captain Rey-
npldse The common-law plea of autrefois convict is
given by statute to all soldiers.
I have the honour to be, Sir, your obedient servant,
AN IRISH BARRISTER.

We see in the Manchester Guardian an inte-
resting account of a great Anti-Corn-law meeting
in that town. We cannot make room to-day for
the report, and only notice it to express our great
satisfaction at seeing the gentlemen there begin to
move again
in this great and good cause. May
their example be imitated, and may success attend
them.

We have received the whole of the French
Journals of Friday and Saturday. They bring the
much-desired official account of the formation of
the New Ministry, Nine Royal Ordinances, dated
the 29th of October, were published in the illoni-
teur of Friday,
notifying the following Cabinet ap-

pointments :
Marshal Soult - - - President of the Council and
Minister of War.
M. Guizot - - - Foreign Affairs.
M. Duchatel - - Interior.
M. Humann - Finance.
M. Vll!main - - - Public Instruction.
M. Martin (du Nord) - Justice.
amiral Duperre - Marine.
Cnnin Gridaine - Commerce.
M. Teste - - - Public Works.

To afford our readers an opportunity of corn-
' paring the co. mposition of the Cabinet of the 29th
of October with that of the Ist of March, we sub-
join a list of the El•c-Ministry :
M. Thiers President of the Council and
Knister for Foreign Affairs

General Cubieres - ',tr.
M. Remusat . Inter
ogruction.
M. Cousin - . Public .T
M. Vivien -
Justice.
Admiral Roussin
- Marine.
M. Jaubert - - Public Works.
M. Gouin Commerce.
M. Pelet (do la Lozeze) Finance.
The New Ministry is by no means popular with
the Press. In fact,. the only journal which cor-
dially supports it is the Journal des Debats. But
it deserves the cotn itenance of the friends of peace
at home and abroael, and we have little doubt will