The Sun.
London, England, 1851-12-16 00:00:00

bernin la' II
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LONDON, TUESDAY, DECEMBER 16, 1851.

Nearly a fortnight prior to the memorable coup
d'etat of Louis NAPOLEON, there appeared a lively
work in two volumes, from the pen of Sir FRANCIS
HEAD, entitled " A Faggot of French Sticks," and
issued by one of the most distinguished of our Lon-
don publishers. In this production the author, after
describing with his customary animation the principal
features of Paris as they appeared to him in 1851,
appended some remarks upon the then political situa-
tion of the country, evincing:throughout his observa-
tions a sagacity which recent events have almost
elevated to the gift of vaticination. The coincidence
is, to our thinking, of a nature so extraordinary that
we are induced to direct the public attention to it in
these columns, as to a circumstance eminently en-
titled to the notice of the general population. For
some considerable time it had been manifest that a
crisis was rapidly drawing on such as must lead in
the end to a direct struggle between the executive and
legislative powers of the Republic. The germ of
this struggle was manifestly contained in the original
scheme of the. Constitution. Every one saw from the
outset the consequences that must ensue from the
rival energies imparted to the chief powers of the
Government, and from the hostile attitude the PRE-
SIDENT and the Assembly were compelled to adopt
towards each other. Latterly, however, it became
more and more visible that the contest defied much
further postponement. The factious course pursued
by the majority of the representatives rendered it
improbable, if mot impossible, that mere discussion
could effect anything like a satisfactory arrangement.
Politicians generally throughout France degenerated
into intriguers, and the leaders of the more conspi-
cuous parties, instead of contenting themselves
with an open opposition to the policy of Louis
NAPOLEON, adventured upon the most daring
and dastardly intrigues against the very basis
of the Republican Administration. Beholding these
things, the author of the volumes above particularised
gave utterance to those sentiments of mingled regret
and indignation with which he regarded proceedings
so peculiarly distasteful to him as an Englishman.
He fearlessly explained the views with which he
watched the progress of affairs in the neighbouring
capital, and shrank not from expressing the sympathy
he could not but feel for one placed like Louis NA-
POLEON in a situation of such tremendous responsibi-
lity and embarrassment. " Strange to say," he ex-
claimed (vol. ii., p. 443), " while the whole French
nation, grouped into factions, with a hurricane brew-
ing up to windward, are at this moment occupied in
searching, as intently as a man looks for a lost needle
in a haystack, vainly for the head of their constitu-
tion, it has pleased ALMIGHTY GOD to place at the
helm of their affairs a pilot possessing very nearly all
the qualifications necessary for restoring to France
that tranquillity and commercial prosperity she so ar-
dently desires to attain." It was against this per-
sonage that the plots of the unprincipled enemies of
the Republic were directed almost unanimously
while Sir FRANCIS HEAD was writing that sentence,
and—a reflection which could not fail to arouse our
interest in the victim of the proposed outbreak—he
was, according to his own moving phrase, chained to
the helm and powerless for good, even at the mo-
ment when he saw the vessel of the state driving on
towards the abyss. Shutting their eyes to the diffi-
culty of his position, his enemies indulged themselves
only in the luxury of misrepresentation. Ac-
cording to them, he was a man with-
out any purpose, save that of a lawless
ambition, and without any principle save that of his
own personal aggrandizement. It mattered nothing
that during three years he had remained true to his
oaths of allegiance to the Republican Constitution.
It mattered nothing that during that interval he had
preserved for France not only peace with surround-
ing nations, but—what was yet more astonishing in
her regard—peace within the limits of her boundaries.
It mattered nothing that, under the shelter of his
policy, commerce began once more to flourish after
the panic and confusion into which its votaries had
been thrown by the casualties of revolution. His as-
sailants, infuriated against him possibly only the more
from their knowledge of the very facts here enume-
rated, adopted every contrivance, no matter how
ignoble in its origin or how detestable in its virulence,
to obstruct him in the faithful discharge of his duties
as the chief magistrate of the newly-created Demo-
cracy. Not contented with the impediments thrown
in his way by means of their Parliamentary malig-
nancy, they determined to stake their chances of an
ulterior triumph upon the hazard of an intrigue.
Then it was that an alliance was effected of a kind
more shameless than was perhaps ever before con-
trived either in ancient or modern times between the
most shameless and unblushing of political adven-
turers. We are not speaking here by inuendoes. The
reality of the atrocious compact entered into by these
conspirators is long before this a matter of notoriety
throughout Christendom. The coup d'itat, there-
nor less
fore, l
called, was in reality nothing more
e
defence—a
self-
proceeding coup—an act of self-
iestangt
and
by which Louis NAPOLEON,
only at the last
n
from destruction.
the utmost provoca-
tion, secured himself personally
estrumetoiovnem.
is consequently a farce to talk
of the recent
ent
of the PRESIDENT as an unjustifiable aggression,
an inexcusable violation of a Constitution alreadyas
sufficiently violated, in all conscience, by the merabers
of the Republican Legislature.
As the opinions of an honest Englishman, those
expressed by Sir FRANCIS HEAD upon the character
of Louts NAPOLEON will, we are satisfied, be welcomed
with eagerness, and perused with respectful attention,
by our fellow- countrymen. His estimate of the
PRESIDENT has evidently coincided to the full with
that some while since given to the world by M.
GUEMIONNIERD. "From every person whose opinion
was worthy of respect," says the author of the work
before mentioned, " I heard, during my short resi-
dence in Paris, Prince Louis NAPOLEON described as
honest, wise, silent, and independent." The accuracy
of the assertion has been subsequently verified some-
what remarkably by the unanimity with which the
French people have accepted his coup d'itat, not

LONDON,

merely in the capital, but generally speaking through-
out the departments. " During the severe trial to
which he has been subjected," continues the writer,
" he has firmly defended religion against atheism, the
rights of property against plunderers, order against
revolutionists." This glorious line of policy the
PRESIDENT has recently completed by his heroic
suppression of the efforts made in certain detestable
quarters with a view to the carrying out of a re-
gular system of pillage and massacre. "On the
whole," says Sir FRANCIS HEAD, in conclusion, " I
am firmly of opinion that, under a mild exterior,
with gentle manners and a benevolent heart, LOUIS
NAPOLEON is an honest, bold, high-minded statesman,
whose object is to maintain the peace of Europe
and the real glory and honour of France. I believe
that no clamour could force him, without necessity to
declare war against any nation on earth; and, on the
other hand, that no combination of forces that could
be devised would induce him to submit to any insult
offered to his country." These are the sentiments
with which LOUIS NAPOLEON was regarded by a free-
spoken and disinterested Englishman before the course
pursued by the PRESIDENT on the memorable 2d of
December. They are the opinions of no partizan or
apologist—and opinions such as have not been falsified
in any respect by the manner in which their object
has within the past week secured to himself the ap-
proving voices of his fellow-countrymen. Before
another seven days have elapsed we shall be afforded
an additional opportunity of discovering how far our
very lively and not less sagacious author was correct
in his estimate of the PRESIDENT'S character—seeing
that some eight millions of Republicans will by that
time have been enabled, by universal suffrage and by
secret voting, to declare their real views in regard to
Louis NAPOLEON'S Government.

The first case under the recent statutes—the Law
of Evidence Amendment Act, and the Criminal Law
Amendment Act—was yesterday tried at the Old
Bailey, and terminated in the acquittal of the de-
fendant. The Anti-Reformers will doubtless refer
to this decision as illustrating the evils of the new
system, and affording a strong argument against the
admissibility of the testimony to parties to
suits. They will say that a man now found
to be innocent of the offence laid to his
charge, in whose favour the jury returned a verdict
of " not guilty," was held to bail—exposed not only
to disgrace, but also to the expense and annoyance of
an indictment at the Central Criminal Court upon
inadequate grounds—and that therefore the causes
that led to a result so untoward must be radically
wrong. Whatever had been the issue of the trial,
they would have arrived at a similar conclusion. If
there had been a conviction they would have de-
plored the strong temptation to perjury, which in-
duced a person wilfully and deliberately to swear to
the truth of a statement which he well knew to be
utterly unfounded in fact. On the acquittal of the
party they will equally lament the great annoyances
and ruinous expense to the innocent.—Utrum horum
muvis accipe, either event will be equally acceptible
to the dissentients, for on either they can equally
found an argument against the obnoxious measure.
Now, with all due submission to the malcon-
tents, and recognising to the utmost extent the ne-
cessity of affording full protection to every British
subject, we cannot conceive how the case of Mr.
Asrmx, above alluded to, can be cited as in any
degree favourable to their views—as establishing
either the impolicy of receiving the evidence of parties,
or of authorising the presiding judge to commit for
trial a witness whom he believed to have
prevaricated, or tampered with the £ olem
obligation he had taken to tell the truth, the whole
truth, and nothing but the truth. On the latter
point we may observe that such a power bad always
existed—that every judge had, as a magistrate, full
authority to commit a witness whom he believed to
have been guilty of perjury for that grave offence.
The power was not often exercised ; in many instances
where it was manifest that a witness had
not told the truth, he was permitted to
leave the court, owing to the technical
difficulties that attended a trial far perjury. These
impediments and obstructions to the course of justice
have been greatly, if not altogether, smoothed away
under the provisions of the Bill which received the
legislative sanction during the past session. The
expense of a prosecution directed by a judge was
also provided for, so that persons guilty of one of the
most formidable offences—striking at the very
root of the administration of justice might not escape
with impunity. The salutary power, which had been
permitted to fall into desuetude, was thus resuscitated,
and we anticipate the most beneficial effects from its

operation.
The mere acquittal of the party does not show that
the committal was unjustifiable or uncalled for. All
the presiding magistrate has to ascertain is,
that there is a fair prima facie case demanding
full investigation. It would be strange indeed, if he
should be supposed to have committed an error in
every case where a conviction was not obtained. It
must not be forgotten that a jury deciding on a cri-
minal indictment are bound to give the benefit of any
reasonable doubt to the party on trial. They do not,
as in a civil case, decide according to the weight
of evidence. They are constantly reminded
of the well-known adage, that it is better that ninety-
nine guilty men should escape than that one innocent
man should unjustly be convicted; and we be-
lieve that in the great majority of cases—
would that we could say in all—the jurors faithfully
discharge the arduous and important duties confided
to their charge. If they were merely to register
the opinions of any man, however exalted—
to return a verdict of guilty in every case where a
judge of the superior courts had been concerned—
they would abdicate their constitutional functions, and
transfer them to other hands. In the case under notice
no person can say that the Nisi Prius jury were wrong
in their decision ; that Baron MauTni was
in error in committing for trial; or the
jury at the Old Bailey in acquitting
the party. The line of defence adopted would go
far to justify all parties; for the learned and ta-
lented counsel for the defendant admitted that
his client had made some incorrect state-
ments, although he denied the corrupt
motives of which he was accused. The exemplary
character which the prisoner received from many re-
spectable witnesses had, no doubt, its due weight, and
must have influenced the jurors in their decision.
Under all the circumstances, then, we cannot see how
the case of Mr. AspLni can justify any well-founded
argument against the new law.

ROYAL COMMISSION TO MR. WILLIAM WYLD, THE
PAarTER.—We are informed that her Majesty has been gra-
ciously pleased to command Mr. William Wyld, of London
and Paris, to paint a view of the town of Manchester; and
we understand that Mr. Wyld is now here for that purpose.
We believe the point of view Hill be from Kersal Moor. Mr.
Wyld has also received a commission from her Majesty to
paint a view of St. George's-hall, Liverpool, on which he will
commence when he has completed the view of Manchester.—
Manchester Guardian.

TRBTIMONIAL TO THE MAYOR OF SOUTHAMPTON.—
The subscriptions to this testimonial, which consists of a
magnificent service of plate, supplied by Mr. H. Abraham, of
the High-street, amount to 461. This testimonial will be
presented to his Worship on Thursday evening next—his
birthday—at the Town-hall.

DEATH or GEORGE DONALD.—We regret to notice
the death of this clever but wayward and ill-starred genius.
Donald began his career as a cotton-spinner, and cultivated
Scottish poetry with no inconsiderable success. Some of his
poetical compositions have long been well known to our
fellow-citizens, and have even gained a permanent place for
the writer in the niche of Scottish poetry. 'We believe that
several of them will be found in that admirable treasure of
the Scottish muse, entitled " Whistlebinkie," and published
by Mr. Robertson, Trongate. Poor Donald wanted only
steady sobriety and perseverance, and perhaps a more liberal
education, to have gained for him a very respectable place in
the literary :annals of his country. He was truly the
" Glasgow Unfortunate," which he styled himself ; but his
misfortunes, we fear, were generally brought upon him by
his own imprudence. Prior to his death on Monday last, at
the age of 51, he had been suffering nearly a twelvemonth
from a severe cold, which, about two months ago, occasioned
hemorrhage of the lungs, and from that time he continued
finnita
umami state tarett
noe
doefpelexrterehmiselewsse.a_knueisass9tiolwl hpisodste.ath. He has left a
_ readeAvt the sixteenth annual meeting of the National
oft Ipnoslitcitieustioisns,uyeecrinerdtag,ytelaier
endingrep or t
en statedthe2o
that t
ht the
November was 1,231, on which the annual premiums
amount to 18,498/. The totalt income is now 189,2401. The
number of deaths duringi, balance
has been 97, and the
claims paid 40,8361.
menta was 114,023/. increasing
Yat Provost
tioeLtEoGf E
738,492/. the invested capital to
TIimoONFDATIH.I
Tri-
nity College, died at nine o'clock last night,
house, in the University. lie had been in declining Provost'sheal t h
for some weeks, but his illness was not considereclserious.
D upn rErX
The appointment of a successor rests with the GoTerainesit.
The office is worth 2,500/. per annum.
TPhßowv.Roesv.r.
Doe,r,.°Tsf
aa, receipts overc