The Sun.
London, England, 1866-05-02 00:00:00

44,
(Z.O-Iti. •
444

LONDON, WEDNESDAY, MAY 2, 1866.

PECULIARITIES OF THE DIVISION.

Nominally—and only nominally—the majority

was Five.

When looked into, it turns out, however, to be no 1
majority at all ! Ministers have (as we will here very
readily demonstrate) been put in a minority upon
what they themselves announced that they looked
upon as a question of Confidence or No Confidence.
The nominal Majority of Five was, in plain terms,
a Minority of Two I

clear supplementary vote upon the side of the

Government. More particularly, also, ought
the Cabinet Ministers participating in any such
division as that which took place on Saturday

morning to have been " allowed for " in the

Parliamentary calculations in the precise way we
have described, seeing that the gross aggregate
of the Ayes would still have left intact among the

number of those swelling the vote of confidence in
the Government, all the subordinate members of
that Government having seats in the House of

Commons ! The Under-Secretaries and all the rest
of them 1 Mr. FOP,STEII, Mr. LNYARD, Sir RouN-
DELL PALMER, Mr. CHICHESTER FORTESCUE, Lord
CLARENCE PAGET, in fact the whole mass of those
holding offices of any kind under the administration.
Not satisfied with counting votes like these, as it is
only fair, of course, that they should count them,
Ministers have counted also, as we have seen, seven
of their own members, actually seven members of
the Cabinet itself, as qualified to settle the alterna-
tive of Confidence or No-confidence in themselves !

Hence —to put the matter quite plainly—their seven

noble and right honourable selves have decided that
they shall, though nominally only in a majority of
Five—though actually, as we ha're shown, in a
minority of Two—their Seven Noble and Right
Honourable Selves have decided that they shall still
continue to hold office, that they shall still continue
to be a Government

The last news concerning Prussia is not so reas
suring. 'We learn from Berlin yesterday that the
proposals of Austria concerning the Duchies are
declared to be inadmissible by Prussia. It is said
that no " immediate rupture" is apprehended, but
Austria will submit her proposals to the Federal
Diet, by whom they will be referred to the special
committee on the affairs of the Duchies. This is
not likely to lead to much ; but still it shows the
determination of Austria on this point. Of course
the present position of things is very critical, be-
cause the armaments of the two Powers are still
maintained, and at any time some mischance
may occur to fan the smouldering embers into a
flame. So far, from the numerous despatches on
the subject of demobilisation of troops having come
to any definite end, we are now told that the arma-
ments of Prussia will be increased in a short time.
The last Note of Herr BISMARCK to Baron Von
WERTHER at Vienna is by no means satisfactory,
and indeed we may almost call it indicative of a
collision between the two Powers. It states that
Prussia cannot agree to the proposal of the Vienna
iCabinet relative to the Duchies, and that
there is a great community of interests
between Prussia and Italy, which is . quite
aßa
answer
as
mw,ekrn
Ci Ks
n contradictionmustoglisuppose Herr
new dodge.
Austrianod ge .
proposals
seavlsasifvoer
disarmament, which seems very inconsistent after
after the fuss made so lately by the Berlin Govern-
meatThe fact is, that all the
on the question.
parade about disarmament was a contrivance to
gain time on the part of Prussia, while she carried
given try some
termst
o the 3 but
we
on her game in Italy. The Presse of yesterday in
Vienna states that the negotiations between the
Prussian Cabinet and a " special agent" of the
Italian Government are still being continued.
Very dangerous game is being carried on by
Italy, and we are alike surprised and disappointed
at it. It must be most complete infatuation that
leads the Italian Government to believe that any
losing gain can accrue from relationship with the Cabinet
of Berlin. They are only that sympathy
and respect which they had previously gained by
allying themselves so closely with a power like that
of Prussia. Of course the
object of the latter
count
- plain enough, but it is remarkable that
—.l/4is
the Italians should have been so taken in. From
Berlin last night, at a late hour, we hear that it
is probable the Prussian armaments will soon be
increased,
the question of
and that Prussia will no doubt submit
account to the Diet,
aavtin
Schleswig-Holstein on her own
bring it before the Diethg Frankfort.specially declined to
In Paris it is said that war •
is almost inevitable,
which looks very ominous. It certainly seems
strange that the arrangements made the other day,
which were so nearly completed, should have come
to nothing. But we do not see how the most cre-
dulous can now believe that the continuance of peace
rests on anything like certainty. I t seems a if

Bow, it may he asked, is this in any way demon-
strable ? Again, we assert, very readily. And
the demonstration is as follows, according to a few
very simple and perfectly obvious arithmetical
calculations.

According to Alinisters themselves the Question
before the House, the Question upon which the
House divided, was (the assertion, remember,
was Mr. GLADSTONE'S own) a Question of Con-
fidence or No Confidence.

The Noes upon the Division—those who were
against the Second Reading and for the Amend-
ment—declared their want of confidence in Her
MAJESTY'S Ministers. The Ayes, on the contrary
—namely, those who were for the Second Reading
and against the Amendment--declared their con-
fidence in her MAJESTY'S Ministers.
But it is simply preposterous to regard the result
of the actual division as a satisfactory settlement
of such an alternative as that, when, in order to
transform an actual minority into a factitious ma-
jority, SEVEN OF HER MAJESTY'S MINISTERS declared
confidence in themselves !

There were there, in fact, in the Nominal Alajo-
rity—swelling the aggregate number of the Ayes
told off into the lobby from 311 to 318—these—

SEVEN CABINET MINISTERS.
lair. GLADSTONE Chancellor of the Exchequer.
Sir
GEORGE GREY Home Secretary.
l‘'h.CAllbwELL Colonial Secretary.
Lord
liturriNca
Mr. MILNER, GioN War Secretary.
BsoN Board of Trade.
Mr. GoscuEN
Mr. VILLIERS '''''''''
Duchy
of Lancaster.
So that Olaly
'' ''''''e -p
°°r-Law Board.
preposterous circumstance
of these Seven Cabinet 11. naisters declaring confidence
in themselves, was the
lluorteltY nominal, ostensible,
supposititious aggregate
to 318 by the Government TheellAerysels, numbered up
decide
b
Deducting those_seveu votes-
and not the Ministers, to the House,
then g
issue, namely, as that Question at
Question Iva,
was put to the
House by Ministers, as a Question involving within
it the alternative of Confidence or No Confideuee
the Division paper would (in that case) have been
handed at half-pastthTee o'clock on Saturday morn_
ing by the Clerk of the House to either Earl
GROSVENOR or Lord STANLEY—the numbers upon it

standing thus :
N0e5................................. 313
Aye 5................................. 311
Majority against Ministers 2 ! As Seven of the
Cabinet Ministers, however, had confidence in
themselves, the Majority of Two against them was
transformed into a Majority of Five in their -own
Favour. Seeing, however, that under no circum-
stances, according to the rules of Parliament, could
the Cabinet Ministers have been precluded from
takingh part, individually, in any division, nor oxtter
W
the interpretation attached to that di, ti4ical

by themselves, or by any one else—the obvious Prussia were sedulously endeavouring to thwart all
course the fairest, clearest, most straight-forward the wishes and disappoint the expectations of Austria.
course for them to have pursued would have been In everything it is the same, whether it be disar-
th. To have made a deduction from whatever mament or the settlement of the Duchy question—
might, upon the taking of this division, have been there is always something in reserve, some arriere ,
told off on the side of the Government—To have pensee, which spoils everything just as affairs seem in
made a deduction (from the aggregate number) of train. It is said that hostilities will probablybreak out
the actual number of Cabinet Ministers in- in Saxony in the first instance, and this suggestion is
eluded in it I Supposing, in other words, that ; carried out by the fact of a very unfavourable reply
the clear majority set down upon the paper, having been sent by Baron Von BEITST to the
when that paper was on Saturday morning Prussian Minister ;it was presented to the Count
handed to the Government Teller, had turned out Von BlsxAncK yesterday. If this be the case it
to be not Five (as it was) but Eight—then Her MA- will be a very proper retribution to Prussia for the
JESTY'S Ministers, after deducting those seven of policy she has pursued towards the lesser States of
their own body (above enumerated), those seven Germany. Of course, they had no real right to any
members of the very Cabinet in which the I part of the spoils of war, but they had as much as
Commons (according to the Cabinet's own view the aggressive Powers, and at any rate they ought to
of the question) were asked to avow confidence have been treated with common respect and cour-
or no confidence—then, we say, her MAJESTY'S test'. In vain now does the confused and perplexed
Ministers ought to have deducted seven of them- BISMARCK seek to set himself right with these
selves, as officially disqualified from pronouncing States. One day he upbraids them, and the next
upon such an alternative, in order to have ren- he tries flattery, but all to no purpose, because they
dered the result at any rate so far satisfactory have grown weary of so much deceit and treachery,
that it gave a clear, distinct, and positive ma- and feel justly indignant at the ignominious treat-
jority of ONE to the Government ! That is, we ment they have received.
repeat, supposing the nominal majority had The Opinione of Florence states that England
turned out to be not (as it was) FIVE but EIGHT. and Bavaria have sent communications to the
That clear (nominal) majority of Eight, deducting Austrian Government, urging upon them the " de-
from it the Seven Ministers, would still have left them sirability of abstaining from further armaments,
One ! As it is, the nominal majority of Five having since the Italian Government maintains a
only been arrived at by the 318 Ayes including pacific attitude." The respective ambassadors
among them, as we have shown, Seven of at the Court of Vienna have taken diplo—
the Cabinet Ministers, the actual result as a matic steps relative to such representa-
settlement of the Question of Confidence or No tion. We do not see, however, that much
Confidence leaves the Cabinet distinctly before the responsibility rests with Austria; the chief manage-
country in a minority of Two in the largest division ment of the affair is in the hands of Prussia and
ever known to have been taken in the House of Italy. So long as they combine, directly or indi-
rectly, covertly or openly, it cannot be that a dis-
Commons.
A deduction of those Seven from the nominal ma- turbed state of policy must prevail. In fact, until
jority—as affording a fair test to all parties as to the all the armaments recently increased are put down,
lowest limits of any majority enabling the Govern- we can place no reliance on the promises of any
ment to stay in with a due regard to their own self- Power, nor confide in their declarations of peaceful
respect, is clearly obvious upon the very face of it intentions. They are there as signs and tokens of
Whatever the number of the Cabinet Ministers imminent peril, and no subterfuge can con-
voting upon a division involving within it, accord- teal their meaning, or casuistry pervert
ing to their own view of the Question then their intentions. The storm has been brewing
before the House, a Question of confidence or no for some time in Germany, and far-seeing observers
confidence—whatever the number of the Cabinet and those politicians well versed in the affairs of
Ministers voting upon such a division, that the Continent have opined that sooner or later it
number ought manifestly to have been exceeded would burst. Now that the catastrophe seems ap-
by at least one in any clear majority, so as to enable preaching many affect surprise, and some actu-
the Cabinet still to hold office without a loss of self- ally feel it no doubt, but who that has studied the
respect, without a loss of dignity to themselves aspect of affairs for the last two years can wonder
in the estimation both of the House and of the at the crisis now at hand in Germany? It was not
Country. Seeing that there were numbered in possible that Prussia should be allowed to have it
this particular division, no less than Seven Cabinet all her own way, and her arrogance and assumption
Ministers, the only clear majority that would have have been indeed enough to provoke the tamest,
enabled them (one might have supposed), without while it was most dangerous to concede to all her
derogating from their dignity, without a loss of their demands.
own self-respect, still to hold on, would have been
a clear majority, as we have already put it, of, at
the very least, Eight ! A clear majority that—
after deducting their Seven Noble and Right Hon.
Selves, would still even then have left another

In the House of Lords, yesterday, a bill of con-
siderable public importance was introduced by the
Lord Chancellor. The question of Capital Punish-
ment has long been regarded as a difficult and re-

sponsible one. We have happily left far behind us
those days when human life was taken almost with

Indifference for every few shillings' worth of pro

perty stolen, still more for every forgery or serious

:rand. Too often the convictions were based en

:irely on circumstantial evidence or testimony of a

doubtful character, and accordingly it happened,
with painful frequency, when we consider the vita]

interests at stake, that the victim was proved, too

late, to have been wholly or partially innocent
of the crimes laid to his charge. There

was one particular case of this kind in
which a young woman suffered the extreme penalty
of the law, and was afterwards found to have been
unjustly condemned. Her youth, her terror of the
scaffold, and her innocence deeply impressed the

public mind, and no doubt assisted the movement
which was afterwards set on foot for bringing about

a more humane system. It has always been found

;hat crimes and offences increase in number and in

degree in proportion to the excessive severity of the-
penal code. Life is held so cheap that men get
reckless, and knowing they may suffer death as a

punishment for minor offences, they have no induce-
ment to refrain from committing the greater. 0.

late years we have gone perhaps a little to the other
extreme, and many excellent and humane persons
in their pity for the murderer, forget the sufferings
of his victim and the necessity of preserving the
majesty of justice, while not forgetting the preroga-
tive of mercy. No sooner has man or woman been
condemned to death during the last few years than
a party is immediately formed to endeavour to pro-
cure a mitigation of the sentence, and their efforts
have so often been successful that a degree of un-
certainty now attends the capital sentence, which is
unfair alike to the public and to the criminal.
The only plea which can be urged on behalf
of capital punishment is its deterrent effect,

and this is undoubtedly a very powerful
one, but to have this effect the punishment must be
certain. Every criminal will hope that he may be
fortunate enough to get off if there is a loophole
left, and what with the plea of insanity and other
excuses there are now only too many such chances.

No doubt the public generally would be glad if so
terrible an alternative as punishment by death could
be dispensed with, but we must consider the ques-
tion in all its aspects, and there is nothing to justify
us in concluding that we could safely dispense with
it as a protection to human life. Certainly murders
have not decreased during the last few years,
when the remissions of the capital sentence have
been so frequent, and there is nothing to en-
courage us in venturing on so decided a change.
A minority of the Commissioners appointed to in-
quire into the subject were, as the Lord Chancellor
last night, in favour of an entire abolition of capital
punishment, but the majority approved of its reten-
tion for murder. In this view the Commissioners
were supported by the majority of the speakers last
evening, who approved of the main features of the
bill. It appears to be a moderate and sens-
ible measure, just and humane in its provi-
sions, and making due distinction between
wilful and premeditated murders and those
committed under less heinous circumstances,
such as under extreme provocation and without
premeditation, which are not to be placed under the
same category. For the former class alone the
punishment of death is reserved. It is manifest that
under such a law the cases of VICTOR TOWNLEY and
pfchaveooornibeenndttiuleicntbi
u the
gtetxe exactly
public
11,
hretexehveeeecxruaes
WRIGHT, which excited so much indignation, would
regard to another
rc!i
at
ont the
ee
ilsme
dsasencni
deer
d public,olyf
and alt although one
warning
nogr twoeff ecot,bjtehcetegden, toe r :1; isg 0 aosd
dimi-
nishingsens
and good feeling of the House was strongly in its
favour. When we remember the character of the
crowds that assemble on such occasi, ons, the feverish
excitement produced by their taking their places
teleittdolet:riaso,tlntiVsoh nit: h
over night or very early in the mo rning, and the
drinking that inevitably ensues from idleness and
restlessness, we shall certainly not be inclined to
think the circumstances favourable to serious reflece-
-
s generally d
deg
it would be a very great gain if more real ree, and
solemnity
b. e d The conduct
recklessc ondu c ta on fd suchin de
ccorrooluv crowds st
oi a
h
could attend so terrible a scene. The Wist. of murders
lately been so long that it is quite time t 9 Wake
some change.