The Sun.
London, England, 1846-10-14 00:00:00

Eton (Vicge.
N:nv re:..-13% at !1111, I.ll;n:ries, in 3 cols
H E ROMAN TRAITOR,
A TIIITE TALE OF THE REPUBLIC.
By H. W. HERBERT, Ein '
Author of " Oliver Cromwell, ' Sc.
Henry Oplburn, Publisher, 13, Great Marlborou4h-street.

Now ready, in 2 vols. Svo.,
AN ANTIQUARIAN RAMBLE
IN THE STREETS OF LONDON.
With ANECDOTES of their more CELEBRATED RESIDENTS.
By JOHN THOMAS SMITH, Esq.
Late Keeper of the Prints in the British Museum, Author of " The
Life of Nollekins," and " A Book for a Rainy Day."
Edited by CHARLES MACKAY, LL.D.
Author of " Memoirs of Extraordinary Popular Delusions," &c.
Richard Bentley, New Burlington-street.
(Publisher in Ordinary to her Majesty.)

if.AILWAY SHAILES BY PUBLIC SALE.
MESSRS. LAMOND, SMALE, AND
LAMOND, Beltway Share Auctioneers, beg to thank their
Friends and the Public for their continued support and patrouage,
and to annoci,ce that their Public Sales of hallway Shares, &c.,
take place every TLE3DAY and Partmv, at One o'clock, at the
Mall of Commerce, Threadneedle-street, London, to which place,
favours, containing instructions (with a reference), are respectitilly
requested to be aeilressed. . _ _

:kli scrip and Share Certificates must be deposited, the day
pre►iow to their being offered ; and advices of results will be
Itrwarded by the first post after the sale, and the proceeds batue-
diately disposed of ascording to instnctions.

031-ces. Hall of Commerce.-Threaineedle-street. London.

THEATRE ROYAL, DRURY-LANE.
THIS EVENING
Will be performed the grand Opara of THE BOHEMIAN GIRL.
Count Arnheim, Mr. Borrani ; Florestein, Mr. Harley ; Thaddeus,
Mr. W. Harrison ; Devilshoof, Mr. Stretton ; Queen of the Gipsies,
Mrs. Hughes ; Arline, Miss Rain forth.
After which, the celebrated Ballet of THE DEVIL TO PAY.
In which will appear Mons. Bretin, Mr. Wieland, Mons. Theodore,
Mr. W. H. Payne, Mr. Chapino, &c. ; Mdlle. Fabbrl, Mdlle. Lonisc,
Madame Theodore, Miss A. Payne, &c.

THEATRE ROYAL, HAYMARKET.
Under the Management of Mr. B. Webster, sole Lessee.
THIS E VENiNG
performed
a
Will be New Come ly, in three acts , etitled QUEEN
MARY'S BOWER. Principal characters by Menssrs. Webster,
Hudson, Howe, Brindal, Braid ; Miss Fortescue, Mrs. Seymour, &C.
During the evening the Band will perform " Les Mousquetaires
de la Reins" (Overture) ; " Old English Airs" (Fantasia); and
the "Musketeers" (Quadrille).
After which (for this night oa'y), Buckstone's Comedy of MAR-
RIED LIFE. Characters by Messrs. W. Ferree, Buckstone, 8011,
Brindal, and Tilbury; Mrs. Glover, Miss Julia Bennett, Mrs. llumby,
Mrs. Stanley, and Mrs. W. Clifford.
To conclude with a Sea-side Sketch, called THE FORTUNE
HUNTER ; or, A Morning at Margate. Captain Mouutgarret, Mr.
Hudson ; Griffin, Mr. Tilbury ; Bompas, Mr. Buckstone ; Miss
Griffin, Mrs. W. Clifford.
Box-office open from Twelve till Four ; under the direction of
Mr. T. Archer, Box Book-keeper.

THEATRE ROYAL, LYCEUM.
Under the Management of Mrs. Keeley.
THIS EVENING
The last Week of " The Magic Horn."
The performances will commence with a New Comic Drama,
TO PARENTS AND GUARDIANS. Principal characters by
Messrs. A. Wigan, Meadows, and Keeley; Mrs. Woollidge,. Mrs. A.
Wigan, Miss Hicks, Miss Turner, Miss froward, and Mrs. Keeley.
After which, a new Farce, called WHICH MISTER SMITH :0
Characters by Messrs. Vining, P. Mathews, Emery, Bellingham,
Butler, Collier, Mrs. Woollldge, Miss Grove, and Miss Turner.
To conclude with a New Grand Operatic, Melodramatic, Romantic,
Fairy Burlesque Extravaganza, founded on the Opera of " Oberon,"
entitled THE MAGIC HORN". Principal characters by Messrs.
F. Mathews, A. Wigan, Kinloch, Collier, Yarnold, Bender, Silver,
Richards, and Keeley; Miss Keeley, Miss Villars. Miss Fairbrother,
Mrs. Woollldge, Miss Arden, Miss Forster, Miss Laidlaw, Miss
Zromlsy, Miss Howard, and Mrs. Keeley.

THEATRE ROYAL, ADELPHI.
UNDER THE DIRECTION OF MADAME CELESTE.
THIS EVENING
Win be presented a new domestic drama, entitled EUGENIA
CLAIRCILLE ; or, The New Found Home. Frederick Stan-
more, Mr. Worrell; Mr. Rugleigh, Mr. Cullenford ; Toffey, Mr. Paul
Bedford ; Mr. Buzzard, Mr. Lambert ; Hugh Matlock, Mr. 0.
Smith ; Pegg, Mr. Milayard ; Mrs. Toffey, Mrs. F. Matthews ;
Eugenia Claireille, Madame Celeste.
After which, a new Extravaganza, in two acts, called THE
JOCKEY CLUB. Tim principal characters by Messrs. Paul Bed-
ford, Wright, Redmond Ryan, Selby, Waye, Mitchenson, &c. ;
Miss Woolzar, Mrs. F. Matthews, Misses Ellen Chaplin, Harding,
Fleming, Turner, Taylor, &c.
To conclude with the popular Barletta of TAMING A TARTAR.
Madame Celeste, Miss Woolgar ; Messrs. Paul Tedford, Wright,
Selby, Worrell, &c., will sustain the principal characters.

PRINCESS'S THEATRE, OXFORD-STIIERT
Last Week of Madame Vestris and Mr. Charles Mathews.
THIS EVENING
LOVE"WiII be performed a new Comic Drama, in three acts, entitled
TELEGRAPH. Count Theodore, Mr. J. Vining; Arthur
de Solberg, Mr. C. Mathews; Baron Pumpernickel, Mr. Compton ;
Princess Blanche, Madame Vestris ; Alice, Mrs. Hughes ; Mar-
guerite, Miss Emit* Stanley.
To be followed by an entirely New Comic Drama, entitled THE
BARBER BRAVO ; or, 'i he Inventor of Powder. In which Mr.
Charles Mathews, Mr. Granby, Mr. Wynn, Miss E. Stanley, and
Miss E. Hoarier will perform.
To conclude with the New Drama, entitled A CURIOUS CASE.
Twiggleton, Mr. C. Mathews ; 3lrs. Aubrey, _Mrs. Stirling.

DAVIDGE'S ROYAL SURREY THEATRE.
Lessee, Mrs. Frances Davidge.
THIS EVENING
Will be performed Bulwer's Play of RICHELIEU. Cardinal
Richelieu, Mr. Macreatly ; Count de Baradag, Mr. Cooper ; Che-
valier de Mauprat, Mr. Leigh Murray ; Julie de Montemar, Mrs.
Charles Gill.
To conclude with the favourite Drama of THE CHARMING
POLLY. Principal characters by Messrs. Neville, Webb, Heslop,
Saville. Fredericks, Tyndall ; Miss Richardson, Mrs. W. Daly, and
)411. E. Terrey.

Box-office open from eleven till four o'clock,

AISTLEY'S AMPHIT
Proprietor, Mr. W. Batty.
FIRST WEEK OF THE WINTER SEASON.
Patronised by her Most Gracious Majesty the Queen. Prince
Albert, the P
Brince of Wales. and Royal Family. By special
desire, Lord yron's " Mazeppa," for twelve nights only.
THIS EVENING
Will he performed the Dramatic Spectacle of MAZEPPA, AND
THE WILD HORSE.
After which, brilliant feats of HORSEMANSHIP. Herr Amodio
Ifeupert, from Amsterdam, the extraortlinary Bottle Equilibrist,
and other Novelties.
Mr. BATTY has much pleasure in announcing that he has effected
engagements with Con several continental artistes :—Messrs. Joseph
ular vaulters
Paul e, Lorentz Wolff, Roseline Wolff, Polaski, with the po-
pa pid , Messrs. Henderson and T. Lee. who will appear in
r succession. In active preparation, a new Equestrian SPec-
tacie and Dramatic Romance, of unequalled effect, performing with
thunonse success in Paris.
Box.cailee open from eleven till live o'clock.—Doors open at six
anmence at seven o'clock.—Stage Manager, Cllr. W. Broadfoot.

THE WEATHER.—Sux OFFICE, OCTOBER 13.
THERMOMETER, Lowest, 47; Highest. 58 ; Noon, 53,
BAROMETER, 29.9.—W1ND N.N.W., cloudy.

HIGH WATER AT LONDON-BRIDGE THIS DAY.
2if
59 miautes after 8. I Evening .. 39 minutes after 9.

law," says Sir WILLIAM BLACKSTONE, " which is
built upon no settled principles, but is certainly arbi-
trary in its decisions, is, as Sir MATTHEW HALE ob-

serves, in truth and reality no law, but something in-
dulged rather than allowed as law. The necessity of
oric• and discipline in an army is the only thing
which can give it countena- cc, and therefore it ought
not to be permitted in time of peace, when the
King's Courts are open for all persons to receive jus.
tice according to the law of the land." In addition to
these high authorities, let us add one of more modern times—a distinguished soldier, who has devoted his
time to the acquisition of a thorough knowledge of

d'eated to the Itev. E. C. T 1 ov.tr,y, D D., Mead Master of i Madrid of some CariiA insurrection. It is certain

that the expectations of the antagonists to the Cama-
villa are centering in the person of the Count
DE MONT EMOLIN. Many are undoubtedly inclined
to turn for a co-operation to General NI-RVAEZ; but
the consummate duplicity and eminent selfishness of
the ex-Minister renders any steady reliance upon his
assistance impossible. In the second " Young Cava-
lier," the Carlists recognise the representative of an
illustrious house, and a Prince who would be insti-
gated to a resolute campaign by the very magnifi-
cence and vastness of the guerdon for which he has
already proclaimed it as his intention to struggle—
namely, the Spanish diadem. Nothing could impart such
an extraordinaryprestige to the cause of this aspirant as
the recent proceedings of the vassals of BRESSON ;
nothing could render a coalition of the Carlists with
the Progressistas more probable than the despotic
means by which the Afrancesados have latterly en-
deavoured to compel the community to mall& the
unpalatable and deleterious draught concocted in the
Cabinet of the Tuileries.
Little has the hitherto sagacious Sovereign of
France benefited his position among the European
Powers by his recent attempt to gain the prepon-
derance. What:the delegated authority of Louis XIV.
had proved incapable of accomplishing, the pen and
the standing of diplomacy have surely no higher
power to realise. The obstacles which were
impossible, evenbefore the batons of NAPOLEON 's Mar-
shals, are surely not more calculated to yield before
the thrust of a hymeneal torch. A logical exposi-
tion of this improbability is, however, rendered
wholly needless, now that occurrences are rapidly
attesting the reality. Rhetorical flourishes are
altogether superfluous at a period when the trumpet
of revolt is eagerly listened for by the populace. Two
gigantic and neighbouring nations are already
estranged from King Louis PHILIPPE by the grasp-
ing and insidious policy lately adopted by his Govern-
ment. Of one of these nations he is juggling away the
liberties ; the honest and constitutional remonstrances
of the other he is treating as idle garrulity. There
is so much of unnecessary rashness, and so much of
spontaneous recklessness about the Spanish policy ofhis
Ministry, that we should be tempted to attribute it to
a paroxysm of political insanity; nevertheless we are
persuaded that this appearance is altogether an affecta-
tion, that the alliance is not merely a " family
affair," as the Presse would wish to insinuate, and
that M. GUIZOT, like HAMLET, "knows a hawk from
a hand-saw."

The sentence of the court-martial on private
MATTHEWSON, of the 7th Hussars, has at length been
promulgated. Six months' imprisonment, two of
them in solitary confinement, has been considered a
punishment only adequate for a petulant expression,
for words derogatory to the dignity of a non-com-
missioned officer, and those, too, uttered in a moment
of excitement and irritation, when he was smarting
under exasperated feelings, when his simple petition
for liberty to exchange his term of duty with a
brother private, in order that he might for a few short
hours enjoy the society of his mother and a brother-
in-law, whom he had not seen for nine years, was
contemptuously negatived, and he was told "that
the commanding officer could not grant his request,
neither would he see him ;" and when the complain-
ing sergeant threw himself in the way of the angry
man, unaccompanied by any other soldier of the
guard, thereby himself violating a regimental order,
and depriving the accused of the benefit of testimony
to which he should have been entitled, as if he sought
to entrap the poor young man into some indiscreet or
hasty expression. Taking all these circumstances
into consideration, it does appear to us, civilians, rather
a severe penalty for the offence, although it will, we
suppose, be considered most lenient by those officers
who on a former occasion condemned the same person
to 100 lashes, every one of which was fully inflicted
without favour or affection, for calling out " Halloa"
to another of that dignified grade.
Seriously speaking, can it be wondered at that the
people have a strong repugnance, a decided objection
to enter into a service where such things are tolerated?
It is said that our soldiers are of an inferior class, that
they are less respectable in their characters and con-
duct than the non-military part of the population ;
that they can only be acted on, their obedience
enforced, by an extraordinary degree of severity ; and
this is the attempted justification of the present
system. We believe that such an assertion is an
unjust aspersion, a gross calumny against a very large
proportion of our gallant brethren ; but, were it even
the truth, is it not manifest that the superior and
better description of men are thereby deterred from
joining the ranks, that it occasions the very mischief
it proposes to remedy ?
It is the just, the humane principle of the British
law, that "it is. better that ninety-nine guilty men
should escape than that one innocent man should
suffer-" Every protection is given by our social law
to each person within its jurisdiction : the crimes are
fully and clearly defined, the punishments are ex-
plicitly set forth, and, above all, no one can be con-
victed of any crime, or subjected to any punishment,
except upon the unanimous verdict of twelve men, his
peers, before whom he has had an opportunity of
urging every mitigating and favourable circumstance
by able advocates, men whose education and pursuits
fully qualify them for the duty. With the soldier
the case is, however, very different. A wide dis-
cretion is left to the tribunal to which he is subjected..
"All disorders and neglects which officers and soldiers
may be guilty of, to the prejudice of good order and.
military discipline, though not specified in the fore-
going cases, or in our Articles of War, shall be taken
cognizance of by courts-martial, according to the
nature and degree of the offence." So runs the
Article of War, and all that is necessary is to allege
any act whatsoever to be "to the prejudice of good
order and military discipline" to subject the person by
whom it was committed to heavy penalties ; although
it was never treated or considered as a crime before,
nor violated any moral or social law, still it is for the
court, if they please so to do, to pronounce it an
offence. No person, therefore, can be safe under such
a code. The nature and amount of the punishment
is also entirely within the will of the court, who may
themselves be reprimanded and severely censured if
their finding and sentence does not meet the appro.
tion of the Commander-in-Chief. A bare majority
of the court is sufficient to declare the crime, and to
pronounce the punishment, except indeed in capital
cases, where two-thirds at least of the members must
concur before sentence of death can be passed. The
soldier also is deprived of the benefit of legal assist-
ance : if by a sort of pious fraud a professional man is
admitted, he is called the friend of the accused and is
not recognised as his advocate, or permitted to ad-
dress the court on his behalf. All these are serious dis-
advantages to which no person will lightly expose
himself, unless he attains some great advantage by
so doing ; but this unfortunately is not the case, for
the military authorities will rely solely on punish-
ments, and resolutely refuse to give a trial to a
system of rewards, which would probably be far more
efficient for the preservation of discipline, and in a
great degree would dispense with the necessity of the
present punishments.
Nothing but imperative necessity can possibly
justify anything so much at variance with, and so re-
pugnant to, the spirit of the British Consti-
tution. Let us for a moment inquire whether
there is any such paramount necessity. We
are at once willing to admit that such a power
may be desirable in a state of war, and perhaps
in a more modified degree when any regiment is
abroad, and out of the jurisdiction of the ordinary tri-
bunals of the country; but we distinctly deny that at
home there is any occasion whatsoever for anything be-
yond the common laws administered by the judicial
authorities of the land. Two of the most able writers,
men who have adorned the ermine, and put forward
principles of jurisprudence that will ever be hailed
with respect, have stated their opinions that military
law should be abolished in time of peace. " Martial

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