The Sun.
London, England, 1867-01-30 00:00:00

Tt-E SUN, LONDON, WEDNESDAY EVENING, JANUARY 30 1867.

of 1801 to Egypt. Major John George Richard-
son died at Crowhurst-road, Brixton, on the 25th
inst., aged 80. He entered the corps of Royal
Marines as Second-Lieut. on the 18th of September,
1805, and served in the Channel Fleet under Lords
Gardiner and St. Vincent, and with the Belleisle
squadron under Sir Richard Keats, and at the cap-
ture of La Rhin by the Mars, 74. He obtained
rank as Major November 28, 1854.
The following appointments have been made at
the Admiralty :—Joseph B. Doyle, master, to the
Vestal ; Silas H. Liddell, master, additional, to the
Indus for the Vixen ; Sub.-Lieut. Nathaniel Cotton
to the Vestal ; Alban M. Jephson, midshipman, to
the Vestal ; Dr. Michael Walling, surgeon, to the
Cambridge ; C. F. A. Courtney, surgeon, to the
Donegal ; George W. J. Sutherland, surgeon, to the
Vestal ; William Noble, paymaster, to the Vestal ;
Dr. Belgrave Ninnis, assist.- surg., to Greenwich
Hospital ; Dr. Adam Robertson, assist.-surg., addi-
tional, to the Wellesley ; Dr. John llorrocks, assist.-
surg., additional, to the Cumberland; Alfred Smith,
assist.-paymaster, to the Flora ; John Sear, chief
engineer, to the Galatea ; George Lucas and George
Booth, engineers, to the Galatea ; and James Nel-
son, William T. Bray, and William T. Ray, first-
class, assist.-engineers, to the Galatea.
The following promotions have been made in the
Royal Naval Reserve :—To be Lieutenants.—

Richard John Roe, Cuthbert Vaux, Henry Harris;
William Henry Smith, and Edward Johnson.

Bacon's Descriptive Hand-book of America.

(From the Anglo-American Times.)
This book is something more than a Murray's
guide. It treats of every subject of great general
interest relating to America, and is so well con-
densed that the whole is embraced in some 400
pages. "It is designed to supply in a compen-
dious form a copious mass of facts valuable alike
to the statesman, the tourist, the capitalist, the
emigrant, and, in short, every one desirous of hav-
ing at hand a complete vade mecum of miscel-
laneous information concerning America and
Americans." It meets a want much felt, and one
it is surprising has not long since been supplied.
The truth is, that before the war there was
throughout Europe a general ignorance, coupled
with indifference, in regard to America. Since
the war commenced there has been a revultion of
feeling, and now no other country excites so lively
an interest all over the world as the United States.
To the Liberals everywhere, it is the exponent of
their principles, and the living example of their
result in practice. To statesmen of all shades of
opinion it supplies the grand experiment to test of the
theories which dare not be attempted in old countries.
IM the wide field of industry to the agriculturist—
to the miner a region of hope, and of vast, though
unknown, quantities of all metals. It is the para-
dise of manufacturers, and the "Land of Promise"
as well for the capitalist as for the emigrant—the
best mart alike for money as for thews and sinews.
There are wide subjects of interest, embracing de-
tails in every possible variety. The Republic is
immense in extent, and varied in climate and soil.
It is peopled by the most energetic of races, whose
industry branches into every variety of produce
and manufacture. In view of this vast field, and
of the space into which it was necessary to con-
dense the description, those less intimately ac-
quainted with the subject might have despaired of
accomplishing the result so successfully achieved
in this Hand-book. It was necessary, if the book
was to be one of reference, that every point should
be noticed and so arranged as to be readily found.
A general description is first given, while the
salient features of the educational system—reli-
gion, laws, finance, manners, and customs—are
treated with wonderful perspicuity, considering
the limits to which the authors were restricted.

The book opens with an introduction, which
embraces the history of North America, and
which takes up the main points in a rapid and con-
densed form :—" The great civil war recently
ended is the only event which has seriously
menaced the unity' and progress of the United
States. That struggle was, however, but the ex-
plosion of moral elements preparatory to enter-
ing into a more intimate and compact union. The
two vessels which `by a singular co-incidence first
landed during the same year Puritans and negroes
on the shores of America had unconsciously sown
the seed of oligarchy and democracy side by side.
These'principles, so opposite in their nature, could
exist together only so long as imperfect means of
communication caused the two sections of the
union to be in effect separate communities. The
growth of commerce and the increase of travel,
consequent on the introduction of railways and
steam navigation, brought them into closer and
closer contact, until, like two clouds strongly
charged with opposite electricities, they en-
countered each other with a shock, which
for a while seemed to threaten the exist-
ence of the nation." This is a good sample of the
condensed writing of the hand-book, which crowds
years of historical events into a few sentences.
The Continent, as a whole, is described in its
geographical features, and the description is depic-
ted by coloured maps, which add greatly to the value
of the work, and assist the authors in conveying
the various facts to the minds of their readers at a
glance. From the general account of the country,
the readers are carried into each State, which are
separately described. Thus the parts which
make up the wonderful whole, have each their
space in this work, and reference can be made to the
locality about which information is required with-
out trouble. One chapter is devoted to a description
of the principal cities, another to railways, canals,
telegraphs ; a third is given up to natural curiosi-
ties, and objects of interest to travellers ; while
everything relating to the Government, the popu-
lation, religion, the characteristics of the people,
as well as all the great national establishments,
such as the army, navy, post-office, &c., are very
fully treated. The third chapter, referring to the
public lands, is of great interest to " emigrants.
Indeed the whole book should be carefully
scanned by those who think of emigrating to the
country. To them it will give all practical infor-
mation, which they can nowhere else procure in so
handy and condensed a shape ; and we would
strongly recommend the introduction of this vol-
ume into reading rooms and mechanics' institutes,
where those who are too poor to purchase it for
themselves, may have an opportunity of gleaning
the valuable information it gives, in a form so con-
cise and convenient. There is also a large and
excellent coloured map of the United States.

became not quite certain whether she would suc-
ceed in backing out of it ; who remember the
Persia on her first voyage racing against the
Pacific, and coming into port with her bows stove
in by a collision with an iceberg ; and who happen
to have heard that the Scotia this last summer nar-
rowly escaped being sunk in the harbour of Queens-
town by a collision invited by the obstinacy of Cap-
tain Judkins on a matter of marine etiquette. We
have a great respect for marine etiquette, but we
doubt whether the 250 passengers on the deck of the
Scotia at that moment cared whether the Scotia or
the England put its helm a-starboard, when both
seemed likely to go to the bottom."
It would be impossible for the Tribune to have
said anything more stronglyin praise of the Cunard
vessels than these sen tenter, written as they are with an
aninzus. Here is a list of catastrophes, for the oldest
established Ocean Line, in which an enemy writing
to expose their shortcomings is only able to allege
that one ran too near Cape Race—another had to
back out of a field of ice, and a third was near
coming into collision with another vessel. Those
who wish to write down the Cunard Line had better
confine themselves to the inferiority of the accom-
modation—the short supply of sheets and towels,
the bad food—and such items, which may be easy
to assert and difficult to disprove. The Tribune
ought therefore to enlarge more than it does on
the shortcomings of the cusine management,
and carefully avoid, a topic on which the
Cunard is absolutely unassailable. That steamers
may be built with better accommodation, that more
comforts and conveniences may yet be supplied, we
do not doubt. We have seldom, however, heard
one word but in praise of the general comfort
and even luxury found on board these vessels.
The French Line between Havre and New
York are magnificent ships, fitted up and appointed
in the handsomest style, and so also are the vessels
from Hamburg, as well as the National Steam
Navigation Company, and those of that most liberal
of companies, the Inman. Still, in public estima-
tion, the Cunard maintains the lead. This is not ac-
complished by keeping its mishaps out of the news-
papers—an absurd idea, impossible to carry out, but
by guarding on all sides against mishaps. The
Tribune commences this article by the following
statement :

" Since the war ended, there have been two, and
only two, American passenger steamers plying regu-
larly between New York and any European port.
Those two were the Arago and Fulton, and they
were sold at auction on the 22d. As these vessels
were put up at auction for the avowed reason that
the line did not pay, we presume they are not likely
to be again started for Havre. With their sale the
American flag, so far as it covered any passenger
traffic between Europe and America, disappears from
the ocean. A nation which claims to be almost the
first in its mercantile marine seems About to with-
draw from all competition for the very large
and profitable business which steamers undr
other flags are doing between the two Continents."
The Arago and the Fulton have not been sold,
and the line has not been discontinued, as was inti-
mated by the agents, Messrs. Starr and Co., in our
last number. From this error, the Tribune travels
into a general condemnation of the Transatlantic
Lines established, and the Cunard in particular.
Whether these fleets be up to the mark or not, one
thing is certain, that they are the best Ocean Lines
afloat. There may be room for improvement in
them ; but if so, other Ocean Companies are a very
long way, indeed, behind the times. If the best be
bad, then the world has not reached at the point
of progress we had imagined ; but we are at a loss to
know what the standard is, by which the Tribune
has arrived at its judgment. —Anglo-American
Times.
. The Case of L. P. Mil igan.

On thi

le sth Oct, 1864,
Mr. Milligan, a citizen of
Indiana, where he had resided for 20 years, was
arrested, by order of General HOVEY, tried by a
military court on the 21st of the same month, and
sentenced to be hanged. The prisoner was arrested
by virtue of an Act of Congress giving the PRESI-
DENT power to suspend Habeas Corpus wherever
the public safety required. During the period that
MILLIGAN was imprisoned the Courts of the State
had met, performed their functions without any bill
of indictment being found against him, and ad-
journed. The prisoner, after applying to the Cir-
cuit Court in Indiana, referred the case to the
Supreme Court. Congress had deputed to the
PRESIDENT by the Act March 3, 1863, the power
of suspending the Habeas Corpus wherever he
deemed it necessary. But that power gave no
right to try a citizen, arrested by military authority,
by a court-martial. The questions submitted to
the Supreme Court were as follows :
64 First. On the facts stated in the petition and
exhibits, ought a writ of habeas corpus to be issued?
Second. On the facts stated in said petition and
exhibits, ought the said Lamdiu P. Milligan to be
discharged from custody as in said petition
prayed ? Third. Whether upon the facts stated in
said petition and exhibits, the military commission
mentioned therein had jurisdiction legally to try
and sentence said Milligan. in. manner and form as
in said petition and exhibits is stated."

These are the Constitutional provisions affecting
—The trial of all crimes,
ment, shall be by jury ;
the case :
and such trial shall be held in the State where the
except Aep
said crimes shall have been committed. .
tr inc le
casesl I I .
0,
fs cmt ipoena
44 Amendments—Article 5.--No person shall be
held to answer for a capital, or otherwise infamous,
crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service,
in time of war, or public danger.
Article 6.—ln all criminal prosecutions, the
accused shall enjoy the right to a speedy and pub-
lic trial, by an impartial jury of the state and
district wherein the crime shall have been committed,
which district shall have been previouslyascertained
by law; and to be informed of the nature and
cause of the accusation ; to be confronted with the
witnesses against him ; to have compulsory process
for obtaining witnesses in his favour ; and to have
the assistance of counsel for his defence."
The nine Judges composing the Court unani-
mously held that trials of civilians by military
courts, where the civil tribunals were open and un-
obstructed, is unconstitutional, Not only was the
opinion unanimous, but' it Was expressed in the
strongest language. The Judges said—
" The constitution of the United States is law for
rulers and people equally in war and in peace, and
covers with the shield of its protection all classes of
men at all times and under all circumstances. No
doctrine involving more pernicious consequences
were ever invented by the wit of man than that any
of its provisions can be suspended during any of the
great emergencies of Government. Such a doctrine
leads directly to anarchy and despotism ; but the
theory of necessity on which it is based is false, for
the Government within the constitution has all the
powers granted to it which are necessary to preserve
its existence,_ as has been happily proved by the
result of the great effort to throw off its just
authority."

There was no difference of opinion whatever
among these nine leading lawyers of the United
States on the main questions at issue. But a dif-
ference did arise on a supplemental question inci-
dentally thrown out by the majority of the Court,
that Congress cannot constitutionally authorise the
trial of civiliansrby military courts where the civil
courts are open. Against this opinion Chief Jus-
tice CHASE dissented both on his own behalf and
and that of -Justices WAYNE, SWAYNE, and
MILLER. All
agreed that where Civil Courts
are actually closed, and cannot administer
justice by reason of foreign invasion or civil war,
until the laws have again free course, military
power can lawfully be exercised over civil cases.
The minority, however, contended that Congress
may authorise trial of civilians by a military com-
mission, in case of conspiracy or civil war ; and
that, had it authorised the trial of MILLIGAN in
Indiana, that trial would have been legal. But
Congress had not authorised such trial in Indiana,
and therefore MILLIGAN'S case was illegal. The
Supreme Court could put no other construction on
the Constitution of the United States than it has
in this case, and their decision has been dictated by

the simplest rules of legality and common sense.
The decision, however, has excited the deepest in-
terest throughout the United States, as it is con-
sidered to be a check on the course taken by Con-
gress. Mr. TIIADDEUS STEVENS made an ill-advised
speech in Congress, denouncing the Supreme Court.
Although Mr. STEVENS may nave had good grounds
for the fears he expressed, that the result of this
decision
t-4. South would be to unsheath the

dagger of the assassin against the loyal Union
men, yet the law and Constitution of the
United States, must be applied at all hazards
and through all trials. The Constitution
of the country cannot be cut and patched to suit
the temporary exigencies of any party, or it will
quickly be rent to shreds. It may be very incon-
venient for the Constitution to stand in the way of
the designs of any party, however dominant may
be their principles in the minds of the people.
Where the Constitution, however, clearly bars the
way, another path must be sought. The principles
of the Constitution which have gulled the Judges
of the Supreme Court in their decision are
founded in everlasting justice and expediency,
while the plans they baulk are but the exigencies
of the day. A law-loving nation bows to the law-
ful decision, whether it chimes in or not with their
own cherihed hopes and aspirations. We have
little doubt—though the difficulties of governing
the South may be in'creased for the time, by this
ruling of the Supreme Court—that the nation will
accept it with little demur, and shape its policy in
accordance. —Anglo-Amtrican Time..

Game Laws in the United States.

--.0.

The Farmer has published extracts from the report of
the Minister of Agriculture in the United States, with
reference to the game laws which prevail in different
parts of the Republic. The admirers Of American
institutions and denouncers of the English game
laws as badges of feudal servitude will be interested
in observing how they manage these things in a
democratic country. In most, if not all, of the States
the rights of property are fully respected in regard
to game, and fines are imposed for killing game on
any land without the permission of the owner. Pre-

serving is so far front. being regarded as a crime
that special enactments are made for its encourage-
ment. In regard to the different kinds of birds to
which protection is extended the American laws
are much more comprehensive than our own. The
small birds, such as sparrows, thrushes, larks, lin-
nets, curlews, &c., down to robins and wrens, which
have been almost utterly exterminated in France,
as the farmers are now discovering to their cost
since a plague of insects has set in, and on which,
in our own country, "sparrow" and other clubs
wage such cruel war, are all protected in the States,
some during part and others during the whole year.
The following passages from the official report will
give an idea of the nature and scope of the Ameri-
can regulations :

" The penalties for the violation of the Massa-
chusetts Bird and Game Laws are as follow : —Two
dollars each for killing at any time robins, thrushes,
linnets, sparrows, bluebirds, bob-o'-links, yellow-
birds, woodpeckers, or warblers ; the same for kill-
ing birds on salt marshes, the owner excepted ; five
dollars for killing partridges or quail between March
1 and September 1, and woodcock between March
1 and July 4; five dollars for trapping or snaring
birds at any time, save partridges ; twenty dollars
for killing grouse or heath-hen at any time, and ten
dollars to the owner of the grounds, and a search
warrant authorised for any one suspected of the
offence ; and twenty dollars for hunting deer with
hounds or dogs in Plymouth or Barnstaple counties,
There is a fine of one dollar for killing between sun-
set and one hour before sunrising any plover, cur-
lew, dough-bird, or chicken-bird. Any city or
town may vote to suspend, within its limits, any of
the provisions of this law.
" In Connecticut a fine of three dollars is imposed
for killing, selling, or possessing, or destroying a nest
of eggs of woodcocks between the first day of
February and the first day of July ; pheasants, par-
tridges, or ruffed grouse, between the first day of
February and the first day of September ; quails of
any species, between the first of February and the
first of October ; wood duck, widgeon, black, grey,
broad-bill, canvas-back, or teal duck. The fine is
one dollar for killing, or trapping, a nightingale,
bluebird, Baltimore oriole, finch, thrush, lark, spar-
row, catbird, wren, martin, swallow, or wood-
pecker, at any time, or :a robin or bob-o'-link, be-
tween the first of February and the first of Sep-
tember. Tait taking of brook or lake trout
between the first of September and the first of
January is fined one dollar. It is also forbidden,
under a penalty of ten doliars, to take pheasants,
partridges, or quails, on the land of any other per-
son.

" The laws of New 'York, both local and general,
relative to birds, and other game, are numerous,
and frequently modified or suspended. By the re-
cent law, insectivorous and other birds are protected
between February 1 and October. The fine is
placed at five dollars for each woodcock, between
January 1 and July 4 ; ruffed grouse, between
January 1 and September 1; quail, between
January 1 and October 20 ; wood, black, grey, and
teal duck, between February 1 and August 1 (ex-
cept upon the shores of Long Island). It is for-
bidden to catch quail or ruffed grouse with a snare
at any time ; and it is unlawful to take prairie fowl
within ten years, under penalty of ten dollars for
each one killed or taken. Five dollars each is the
penalty for taking trout between September 1 and
March 1. Deer are prohibited game from February.
15 to August 1 in all counties except Clinton, Frank-
lin, St. Lawrence, Jefferson, Lewis, Herkimer,
Hamilton, Essex, Warren, Fulton, and Saratoga,
where the prohibition is taken off only in October ;
and in King's, Queen's, and Suffolk, where Novem-
ber is the only month for their pursuit. The fine in
the last-mentioned counties is 25 dollars each. For
fishing, except with a hook or line, in certain inte-
rior lakes, the fine is 25 dollars. A similar penalty
attaches to tre3pass in fishing after public notice has
been given."

In Pennsylvania, in addition to the protection
afforded to pheasants, woodcock, and partridge,
there is a penalty of five dollars for each rabbit
killed during the breeding season, or from February
1 to October 1; and in Delaware the laws are strict
and the penalties heavy, amounting in some in-
stances to 100 dollars. In Ohio " exposing for sale
or having in possession incurs the same penalties"
as for killing certain specified birds and animals,
including hares and rabbits, "and the costs of pro-
secution are in all cases to be paid by the offen-
der."—•Pall-Mall Gazette.