The Sun.
London, England, 1856-02-12 00:00:00

THE SUN, LONDON, TUESDAY EVENING FEBRUARY 12, 1850.

and other branches connected with the additional
seamen, will be heartily approved of by every
true-hearted Englishman, and the tardy com-
pletion of an adequate force of gun-boats to con-
duct operations in the Baltic joyously hailed
throughout the length and breadth of the land.
We long called for a proper force in that essenti.tl
arm of the service. Had the ABERDEEN Admi-
nistration been in earnest far better accounts
would have been rendered of the proceedings in
the Baltic, and British officers and seamen would
have been spared from very invidious insinuations.
The 200 gun-boats that will be available at the
breaking up of the ice will have a wonderfully
moderating effect on the disposition of the
Russian Government. It is only to be regretted
that an improvident and precarious peace should
be cobbled up, at a time when we are, under
PROVIDENCE, in a position to compel one, that
might be regarded as an equivalent for all the
sacrifices and expenditure which the nation has
so cheerfully sustained. The gigantic prepara-
tions may now be thrown away without the
nation reaping either honour or profit. Still it is
right that they should be made, and it is by no
means impossible that they may still be required.
At all events the knowled'ge that they have been
made will render the representatives of the CZAR
less querulous and far more reasonable • than
Prince GORTSCHAKOFF was last year.

It is the acts of omission that require greater
notice. Sir CHARLES NAPIER only gave expres-
sion to the national will when complaining of the
absurdity of having the affairs of the Admiralty
carried on partly at Whitehall, and partly at
Somerset-house. The division occasions constant
confusion, expense, and delay to the service, and
an adequate remedy should be supplied with all
convenient speed.
We cannot, however, concur with the Gallant
Officer in his remarks respecting the list of Ad-
mirals. There are at least three times the num-
ber on the Active List that are required. All the
old Admirals, whose physical powers disqualify
them from active service, should be pensioned off
by the Admiralty, which would clear the
list considerably. There are, at least, thirty
of the number who have been Post Captain
more than half a century, scarcely one of whom
are now fit even to walk the quarter-deck in a stiff
breeze, much less to direct the efforts of a fleet

under a trying emergency.
There are at present 21 Admirals. Surely nine
would be sufficient, and the reduction might be
gradually effected, first to 15, then to 12, and
subsequently to 9. In like manner the 27 Vice-
Admirals might gradually fall to 21, and then 15 ;
and the 51 Rear-Admirals to 33, 27, and eventually
to 21. By this means, and giving an Admiral of
Great Britain, and a Vice-Admiral, and Rear-
Admiral, we should have forty-eight Admirals,
and scarcely one-third of the number could ever
be required for active service. We have now
between active and retired Admirals five or six
for every line-of-battle ship in commission, and
fully three Generals for every regiment. It is
not by such proceedings that we can hope to re-
duce the enormous burden of taxation, or to, make
any effectual efforts to reduce the burden of our
enormous national debt. Let the House of
Commons resolve upon grappling with the diffi-
culty, and prOviding a remedy adequate to its
enormous magnitude.

It sometimes happens that the attempted ex-
culpation of a foolhardy offender leads to his con-
viction ; and the painful reflection is left to him

that, bad lie remained quiet, his fate might have

been different. Of course, no one but himself
and friends can regret this, the welfare of society
being obviously promoted by the provision. Whe-
ther the fact will prove applicable to Lords CAR-
DraAN and LUCAN we cannot undertake to pie-
diet ; but we must confess to entertaining a feel-
ug of satisfaction at the steps taken by these
Noble Lords in relation to the charges involved,
or brought against them, in the Report of the
Commissioners sent out to inquire into the con-
duct of the War in the Crimea. The matter has
now, we trust, reached a stage where nothing
short of the amplest investigation will be permitted,
not only into the charges brought against them,
but also against other. superior officers intrusted
with command during that. disastrous period,
when the flower of the British army perished, not
ignobly, but Unnecessarily, on that fatal soil !
Lord CARDIGAN, it will be seen, gave notice
in the House of Lords last evening, " That having
been reflected upon in, as he considered, au un-
fair manner: in the Report of a Commission ap-
pointed by her MAJESTY'S Government to .inquire
into the conduct of the War in the Crimea, he
should feel it his duty to-morrow to transmit to
the Noble Lord a full explanation of his conduct
as animadverted on i❑ the. Report." His Lord-
ship was followed by Lord LUCAN, who stated
that immediately on the appearance of the Report
he had addressed to the Secretary for War a letter
in reply, which, however, the Noble Lord refused
to allow him to publish ; and he desired to be in-
formed whether the Noble Lord would either, pub-
lish it himself or allow him (the Earl of LUCAN)
to publish it ? Now, these are steps which inno-
cent men might be expected to take in the first
instance, and, as far as they go, tell in faVour of

thing of the damaged prestige and the material
injury to the nation—demands the institution of
something of the nature of a court-martial, before
which the accused parties may be put on their
purgation—a Court so constituted as to insure
public confidence in the straightforwardness and
honesty .of its procedure----a Court to which
the House of Peers must be content to
refer its inculpated members, and whose
decision shall be handed over to her MAJESTY
for confirmation, and what further course of
action may seem good, to be taken on it. If
this, or something of the kind is not done—all
that has been apparently effected in the way of
reform in the army, will prove mere moonshine,
and the honours and emoluments conferred on the
Noble Lords, Sir R. AIREY, &c., will, justly or
unjustly, operate as so many ignes fatuce to lure
incapables into the service, and officers of ability
from the proper discharge of their duties, to the
future loss and humiliation of the country. The
Report of the Commissioners must be acted on to be
worth anything, and it will not be wise, it will
not be prudent, in the House of Peers or the
Ministry to put any obstacles in the way of its
being so.

LAW ITELLIGENCE.—Feb. 11.

EXCHEQUER COURT.

(Before Cliiet _Baron Pollock and a Common Jury.)

.11)13IS v. FRINCIS.

Mr Phillimore, Q.C., and Mr. Phipon appeared fur
the plaintiff, and Mr. Prentice for the defendant.

was an action brought against the defendant, as
publisher of the „kthenreunt, for a libel on the plaintiff,
who is an AMerican author- of some reputation,
and who, in his writings„ has advocated earnestly
the abolitionist cause Contained in that journal
of the 17th February, 1855, imputing to him the
authorship of a novol called " Tit for Tat," or " Ame-
rican Fixings of English Humanity," and stating that
the !plaintiff had been imprisoned in Charleston Gaol,
and that'he had published a false report of the proceed-
ings a t the dinner given to Americans and English by
Mr. Peabody, alluded to in what is called " the Pea-
body correspondence." The defendant pleaded that the
plaintiff had been imprisoned in Charleston, and that he
did publish the false report in question. The plaintiff ad-
mitted the imprisonment, but alleged that it occurred in
consequence of the part taken by him in assisting the
British Consul in attempting to obtain the release of a
coloured seaman, named 'Manuel Pereira, whom the
authorities at Charleston had imprisoned solely for being
a free negro, and he alleged that the report published by
him wa3 true.

The case, however, did not proceed, as on Mr. Prentice
expressing, on behalf of the proprietors of the Athe-
naeum, their apology and regret for any pain they might
have occasioned to the plaintiff by the publication in
question, and withdrawing all justification of the libel,
the plaintiff consented to accept a verdict for 404. dam-
ages, on the defendant paying the costs as between attor-
ney and client. The verdict was accordingly entered
for the plaintiff on these terms.

the Noble Lords. But observe what follows :
Lord PANMURE, in reply, informed the House

",that he had communicated with the Commis-
sioner who was now in L mdon with respect to
the remarks of which the Noble Lord complained,
and that gentleman had informed him that he
should be able to support the charge made in the
Report by returns uow in his possession, and
printed in the Report of the Commissioners. Be
had promised to furnish this reply on the follow-
ing day, and he would then be prepared to lay
the letter of the Noble Earl opposite and the
reply of the Commissioner on, the table of the
House." Thus, it will be seen, there is no flinch-
ing on the part of the Commissioner, and an issue
may speedily be arrived at if desired. From
what followed, however, we have some doubt of
such a desire being entertained—the Earl of
DERBY on the one hand, by his expressed wish to
place the parties inculpated who had not a seat
in the House on an equal footing with the two
Noble Loris, in having the opportunity of laying
their statements in reply to the charges preferred
against them before the House—and Lord PAN,
MURE, by promising to have such statements laid
before the House, apparently being agreed that
the matter would end in the publication of the
documents, and the inculpation or exculpation of
the parties by public opinion.
Now, this really will not do. We say not one
word as to the guilt or innocence of the parties
inculpated, but we point to the gravity of the
charges, and repeat, this will not suffice. It is
alleged, •in the words of a contemporary,
" that between them the chief English officers
in the Crimea. destroyed one-third of the: army,
and that three-fourths of the misery and starva-
tion from want and cold, not to mention the an-
nihilation of our splendid cavalry, must be re-
ferred to the gross incapacity of the officers in the
Crimea." The allegation is frightful, and the
culpability proportionately enormous. The blood
of 10,000 of our slaughtered heroes—to say no-1