The Sun.
London, England, 1856-01-26 00:00:00

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IFrittton ..

SUN OFFICE, Six o'clock,

ADMINISTRATIVE REFORM.

FALL OF KARS.—Meeting This Day.
.

A meeting of the members of this Association took
place this afternoon, at the London Tavern, for the pur-
pose, as stated, of revealing the incapacity or treachery
which brought about the disaster in Anatolia ; and,
secondly, to rouse the nation to the importance of
vigorously continuing the war, with a view to retrieve
the prestige which Turkey and Great Britain havo lost
by the capitulation of the city and the captivity of
General Williams.
Mr. MORLEY in the chair.
There was a very small attendance at the commence-
ment of the meeting.
The CHAIRMAN said he had received letters regretting
their absence, from Sir James Duke, Mr. Williams,
M.P., and Baron Rothschild, M.P. He said that ob-
jections had been taken to the conduct of the association
in calling this meeting ; but he would state that their
object was to obtain an inquiry into the fall of Kars.
They had no intention of attacking any absent man, or to
condemn any person unheard. It !night be shown that
the delinquent was at some other place than at Con-
stantinople. There were a great number of persons who
thought that our consular appointments interfered with

the interests of the country, and required alteration.
He instanced as a defect of the appointment of persons to
important situations the late appointment of the Duke of
Cambridge to the Conference at Paris. If half of what had
been stated in the papers against him were true he was the
most unfit man for the work he had been sent to dis-
charge. The chairman complained of the manner in
which the high and lo rr offices in the public service were
filled up. The association had been charged with want of
energy, but the fault rested not with those who originated
te association, but the supineness of the public in not sup-
porting them. There were two defects in the present mode
of appointments. One was that inefficient persons were
appointed to offices, and the other that it undermined
the independence of members of Parliament. The way
to get rid of the evils complained of was by putting an
end to ;appointments by patronage, and by getting an
independent party in the House of Commons. The City
of London he hoped woulddo that at the next election and
if they sent but one man to effect that object something
would be gained. They had no wish to impede Govern-
ment, but to stimulate theta in their efficiency, and the
association called on the other constituents to support
them in the same manner.

Mr. BROWNE, the secretary to the association, then
read the following memorial to the Queen
" TO THE QUEEN'S MOST EXCELLENT MAJESTY.

"The memorial of the undersigned subjects of your Majesty
with every sentiment of loyalty and respect,

" Humbly Sheweth,—May it please your Majesty,—The
surrender of the important fortress of Kars, under stress
of famine, its prolonged defence, the brilliant achieve•
ments and heroic endurance of its garrison, the disregard
by your Majesty's Ambassador at Constantinople, Lord
Stratford de Radcliffe, of repeated applications for relief on
the part of General Williams, your Majesty's Commis•
sioner, and the fact that, notwithstanding ample re-
sources in stores and men were within easy distance,
no attempt was made to convey effectual relief to the be-
sieged, have penetrated your memorialists with the deepest
concern.

" Your memorialists are credibly informed, that during
the investment of Kars, your Majesty's _Ambassador at
Constantinople was fully aware of the imminent peril of
the fortress, and tho lamentable extremities to which its
garrison was reduced.
" Your memorialists have learned, on authority which
hey have reason to believe will not be controverted, that
not fewer than thirty-six dispatches for aid were sent for-
ward by your Majesty's Commissioner, General Williams,
to Lord Stratford de Redcliffe, yet no relief was sent ; nor
did your Majesty's Ambassador even vouchsafe a reply to
e single one of those important dispatches.
"May it please your Majesty. During the two months
that the brave garrison of Kars was exposed to all the
horrors of starvation, there was an abundance of provi-
si cis at Ezeroum; and as there was but one position between
Ezerouni and Kars, held by the Russians, and that of no
great strength, might without difficulty, have been made
available for the garrison of Kars by a relieving force. Dur-
ing the whole period of the siege, thousands of your Majesty's
troops, and the troops of Turkish Allies, under command of
your Majesty's Minihters, Ambassador, and Generals, and
an immense fleet of your Majesty's vessels and transports
remained ineffective, whilst a force, amply sufficient to
have compelled the raising of the siege, might easily have
reached the scene of action.

" The Turkish Contingent, raised at an enormous ex-
pense, lay idle. A force of 4,000 Bashi-Bazouks under Gen.
Beatson vainly besought your Majesty's Ambassador to be
employed, and could with difficulty be controlled for want of
action. On the 7th of July, Gen. Beatson wade an earnest
appeal to Lord Stratford de Eedcliffe to be ordered to
the relief of Kars, and again on the 14th of August, and
tho 12th of September, 1855. On the 14th of August, peti-
tions were actually sent in by the troops themselves, praying
that they might not lie inactive, but might be sent into Asia.
The assistance of those very troops was earnestly demanded
by General Williams, who, unconscious of the real state of
affairs, actually reproached General Beatson with apathy.
Of the memorials of General Beatson, and the troops
no notice was taken. The General was removed from his
command ; and it was not until the latter end of Septem-
ber, 1855, that Omer Pasha, for a long period detained by
want of transports and supplies, was released from the
Crimea, and sent to the Asiatic Coast.
" The grievous suffering'and loss'Of so many bravo men
—the heavy reverse sustained by your Majesty's arms ;
the extremities to which the garrison of Kars were re-
duced ; the fact that relief could without difficulty have
been afforded, coupled with the statement which has no
where been contradicted, that the dispatches from your
Majesty's Commissioner were utterly neglected, have be•
come matter of indignant comment; wherever the power
placed in the hands of the enemy by the possession of Kars
is understood, or the lamentable details have been heard of
its heroic, but unavailing defence.
" Your memorialists therefore pray, that your Majesty
may be graciously pleased to direct a full and public in-
quiry into the whole of the circumstances involved in the
fall of Kars."

Mr. GASSIOT then moved the following resolution :

" That the circumstances which have come to light in
connection with the fall of Kars are such as to call for a
full and public inquiry, and that the memorial which has
now boon read.be adopted and signed for presentation to
her Majesty."
He said it was with some reluctance that he moved the
resolution, because, as a mercantile man, he felt that
he might be doing that which he did not exactly
understand. However, humble as might be his ability,
he did not shrink from the responsibility of doing so.
The speaker then proceeded to point out the evils of the
present system, by which the appointments to the army
were filled up by the Crown, which he deprecated as
a system fraught with the greatest injustice to
deserving and talented men. (Cries of " Question,
question.") He was speaking of the army, and he thought
that was the question. They would all remember that,
a short time ag,), Brigadier Mayne, of the Indian army,
came to this country, expecting to receive an important
command in the army in the East. He was cordially
received by Lord Hardinge ; but, before he could have
his appointment, it was intimated to him that it was ab-
solutely necessary he should obtain the approbation of his
Royal HighnessFrince Albert. That approbation Brigadier
Mayne could not obtain, and consequently he did not
get the appointment. Colonel Shirley, more fortunate
than Brigadier Mayne, obtained the appointment he had
failed in getting, and such was the effect produced by
the treatment he received, that the gallant soldier sank
and died. (Cries of "Shame.") The system of red-tape
was not confined to the army, but was to be found in the

navy. A young officer bad succeeded in taking some
important soundings in the Baltic, and it was unknown
the benefits Admiral Napier would have received from
him in his operations in the Baltic. But what did
the Admiralty do with him ? Why, they sent him to
the Cape of Gocd Hope with troops. Another case he
could mention ; it was that of a gentleman who had a son
for whom he was anxious to obtain an appointment
in the navy, as he could speak the Russian language
But where did the Admiralty send him? Why, to the
West Indies—the only place where he could be of little
or no service. The speaker then alluded to the political
reunions that would shortly take place in the political
world, which he looked upon as meetings where mem-
bers of Parliament, especially young members, sacrificed
their independence, and the honest cause of their con-
stituents. (Hear hear.) He thought on the whole
these remarks applied more especially to the commercial
representatives. He had frequently charged them with
the effect these re-unions produced on them, which they
had acknowledged merely by a shake of the head or a
smile. The speaker then said it depended mainly upon
the people themselves what steps were taken to remedy
that state of things, which they all so greatly deprecated,
and resumed his seat, by moving the resolution he had
just read.
Mr. INGRAM TSAvERSE seconded the resolution, and
he did so, believing the fall of Kars called in question
not only the administrative capacity, but the honesty of
purpose of the present Government. (Hear.) He
wished the inquiry to be open and full, but not such an
inquiry as the Government had instituted relative to the
state of the army before Sebastopol. They must ap-
peal to the Crown, and have an efficient inquiry. If
that be done, be felt convinced that light would
be let into the diplomacy of this country that would
show the necessity of some reform in that department.
It was necessary the people should support this associa-
tion, and show themselves interested in the question,
or they would neither get administrative reform nor an
honourable peace. It was, he believed, Mr. Roebuck's in-
tention to move fur a committee of inquiry into the fall
of Kars, but if he could not accomplish more than his
former committee the people would have but slight con-
fidence in the result. Lord Palmerston had done a great
deal toward establishing the principles of Administra-
tive Reform, and was deserving of the respect of the
people of this country for his boldness of action.
(Hear, hear, and cheers.) That noble lord had
h
them his determination to proceed in
the path
path of reform by the appointments of Mr. Justice
Willes and Mr. Baron Bramwell to the judicial bench.
He hoped that noble lord would before long remove the
appellate; jurisdiction of the House of Lords. (Hear.)
Ise looked upon the -elimition of M. Barop Parke to the

LAW INTELLIGENCE—(This Day.)

COURT OF CRIMINAL APPEAL.

:Before Lord Chief Baron Pollock, Justices Coleridge,
Cresswell, and Williams, and Mr. Baron Martin.)
THE QUEEN V. JOHN MOORE.

Mr. Ballantine said this was a case reserved by Mr.
Justice Cresswell, at the late Chester assizes. The pri-
soner was indicted on two counts, but found guilty only
on the second, for that he being a servant in the public
service had applied to his o*n use and benefit, and "did
steal and carry" away upwards of 5,0001., which he bad
collected on the part of the Crown. The prisoner was a
collector of Inland Revenue, and also of the income
tax and land tax, at Chester, being allowed to retain
1001. in his hands with which to meet contin-
gent expenses. There were two inspectors to whom the
prisoner had to send a return, showing the amounts he
had received and remitted and the balance he had in
hand. According to the accounts furnished by him in
July and August, 1855, the balances were found to ex-
ceed those allowed, and that in September it amounted
to more than 5,0001. After examining the accounts by
the inspectors it was found that the balance the prisoner
had retained amounted to 5,2141. The prisoner at that
time said he knew the balance was about that sum,
having hiesself gone through the accounts a few days
before. The nspectors asked him if he was prepared'to
hand over the amount or any part of it. The prisoner
said "No." The inspectors reminded him that his balance
was 3001 in excess of his collection the previous Mon-
day. The prisoner then took from a drawer 2551. in
Bank of England five-pound notes, a check for 251. Ss.
4d., and a money order for 145., saying that that was
all the money he had in the world. The inspector asked
him what he had done with the rest of the money he
was deficient of, to which lie replied he had spent it in an
unfortunate speculation. On the trial it was objected
that no evidence on the part of the crown had been given
to convict the prisoner under the 2d William IV., chap.
4th, which declared that any person in the public ser-
vice fradulently applying money entrusted to him to his
own use should be " deemed as having stolen the
same, and be guilty of felony, and on being con•
victed shall be liable to be transported for a term
not exceeding fourteen years," the learned counsel
submitting that the offence with which the prisoner
was charged, amounted to bat larceny and not felony.
It was impossible to convict a man of felony for stealing
a general balance, but that he should be indicted for
stealing specific sums at a given time ; or a man, after
being tried and convicted for embezzling a general
balance, might be tried .on -a specific charge that had
been included in the general balance.
Lord Chief Baron—He might then plead the indict-
ment charging him with the general balance.

Mr. Ballantine said that the facts of this case amounted
to an embezzlement, and was a matter that could not be
made the subject of a specific theft, to constitute felony.
To support this indictment it was necessary that a dis-
tinct receipt and misapplication should be shown. The
learned gentleman proceeded to read recorded cases of
embezzlement, which, he contended, were applicable to
the case, and should guide their lordships in considering
the words of the statute.

Mr. Baron Martin—But this case depends entirely
on the words of an act of Parliament as clear as any
that had ever been used.

Mr. Justice Cresswell reminded the learned counsel
that the 7th and Bth Geo. IV., referable to cases of em-
bezzlement, did not contain the words " management
and control," introduced into the 2d William IV., which
was important in money matters.

Mr. Ballantine said it had not been shown that the
sum of 5,0001. ever existed, was entrusted to the pri-
soner, or had been under his control or management.
Mr. Welsby having addressed the Court in support of
the conviction,

The Chief Baron said their lordships were of opinion
that whatever difficulty might exist with regard to the
5,0001., there were none with regard to the 3001. It
was a case not necessarily of embezzlement, bat was one
that came within the meaning of the act, which was
passed to give the utmost facility in punishing persons
guilty of improper conduct with respect to the receipt
and disposal of moneys belonging to the Crown. The
learned judge then proceeded to enlarge on the construc-
tion of the clause, and the intention of the Legislature at
the time of passing it, remarking at the same time that
he did not approve of the Legislature permitting one
thing to be called in name by that of another. It was in-
convenient, but,i it being the law, they must act ac-
cordingly.
The other learned judges being of a similar opinion,
The contain was cognord,