The Sun. — London, England, 1861-03-05 00:00:00

YA L ENGLISH OPER A, COVENT-GARDEN. Under the Management of Miss Louisa Pyne and Mr. W. Harrison, Sole Lessees. THIS EVENING, LE DOMINO NOIR. Miss Louisa ryne, Miss Thirlwall, Miss Leffler ' • Messrs. Henry Haigh, 11. :orri, A. St. Albyn , and Horneastle. To conclude with a new Divertissement. Conductor-31r. .Allred Mallon. Commence at 8. rrHEATRE-ROYAL, HAYMARKET. Lessee, Mr. J. B. Baokstone. TrilS EVENING, the performance s w ill commence with STOOPS TO CONQUER. Miss Hardcastle, by Miss Fanny Stirling; Tony Lumpkin, by Mr. Buckstone. After which, a new Pantomime, QUEEN LADYBIRD AND HER CHILDREN. The Pantomimists by the un rivalled Leclercqs, Herr Cole, and Fanny Wright. Commence at 7. .11 , 0 YAL PRINCES S'S THEATRE.- Lessee and Manager, Mr. A. Harris. THIS EVENING, the Farce of SUSAN SMITH. To be followed by DON CIESAR DE BAZAN. Don Caesar, Mr. Fechter. Supported by Messrs. Basil Potter, F. Matthews, J. G. Shore, Miss M. Harris, Miss C. Leclercq and Mrs. Weston. - To conclnde with a comic ballet, TILE JOLLY MILLER, M. Evpinosa, Mr. Garden, &c. THEATRE - ROYAL LYCEUM. Soso Lessee and Directress, Madame CELESTE. THIS EVENING the Butletta of T 11AT RASCAL, JACK. ' Followed by the new drama, THE HOUSE ON THE BRIDGE OF NOTR 0: DAME. principal 'characters by Mr. G. Vining, Mr. J. Johnstone, Mr. Villiers, Mr. Clifford, Mr. John Rouse, Mr. Forrester, Mr. Morris ; Miss M.Ternan, Miss K. Saville, Miss L. Thompson, and Madame Celeste. After which, the Lyceum Christmas Coml. Extravaganza, CRYSTABELLE ; or, The Rose without a Thorn, showing RITE VISION OF A ROSE, ITS FADING AT EVE, AND THE MAY-BLOOM OF THE WILD BRIAR. NEW THEATRE.RoyAL. ADELPHI, Sole Proprietor and Manager, Mr. Beni. Webster. THIS EVENING, UGLY CUSTOMER. Messrs. J. L. Toole, C Selby, and Wade; Miss K. Kelly, and Miss E. •rhorne. After which, THE COLLEEN BAWN. D. Boueicault, D. Fisher, Billin,gton, Falconer, Sjephenson, C. J. Smith, Romer. Miss Age Robertson, Miss Woolgar, Mrs. Billington, and Mrs. Chatterley. To conclude with a new Burlesque Extravnza, entitled 'BLUE BEARD FROM A NEW POI NT OF HUE. Messrs. J. L. Toole, P. Bedford. C. J. Smith ; Miss Woolgar, K. Kelly, Laidlaw, and g•I. Thorne. Doors open at half past 6—Commence at 7. Box-office open from 10 till 5. No charge for booking. Private boxes, £2 2s. ; Family Boxes, £l. Orchestra Stalls, ss. ; Balcony, 4s. ; Front Circle Stalls, Ss. • Pit Stalls, 2m.; Pit, ls. 6d. ; Amphitheatre, Is ; Gallery, Acting Manager—Mr. Win. Smith. CANTERBURY -HALL CONCERTS!!! _ Westminster-road. Proprietor........C. Morton. A Grand Selection from Verdi's new Opera, IL CORSARO, - - TThis opera has never been produced in this or any other country, except at these Concerts), having met with that de cided success which charactise the most popular werks of this great Master, will be performed EVERY EVENING ; together, with a Selection from LA FIGLIA DEL REGGI MENTO, by Donizetti, Principal Artistes—Miss Russell, Madame Maria, Miss Tyrrell, Mr. H. Herbert, Signor Tivoli, H. Drummond, and C. W. Bernard. Director, Mr. F. JonglimAns. The Comic Department comprises Messrs. E. Marshall, A. B. Hollingsworth, J. Blanchard, F. Bell, W. H. Welland, and the Brothers Conrad. John Martin's Three celebrated Pictures will remain on view a short time longer in the Fine Arts Gallery of the Establishment. CANTERBURY -HALL CONCERTS, In consequence of its Great Success, THE ENCHANTED HASH EVERY EVENING, The whole of the Characters by Messrs. E. 31AusnALL and F. BELL. HIGH WATER AT LONDON BRIDGE. THIS DAY.—Morning, 7h. 54m.—Afternoon, Sh. 44m. TO-MORROW.-Morning, 9h. 29m.—Afternoon, 10h. 20m. THE WEATHER.—SUN OFFICE, MARCH 5, 1861, THERMOMETER, IN THE SHADS. 47—highest since noon yesterday. 36 —lowest this morning and during the night. 46—this day at noon. BAROMETER-30.18. WIND - South - Westerly—rather fresh, with dull weather and slight rain. rr ,1c -,-,-„ . Ai„ ,i. - - -,-;::' ) • ,„`P 1 ',.`---,, .."-; , :. ~~'~^ ,~~ ` THE SUN. LONDON, TUESDAY, MARCH 5, 1861. V The YELVERTON marriage case will long be re membered as about the most remarkable of the causes celebres of this present generation. Some jurisconsult yet unborn may years and years hence turn to the records of this extraordinary trial for the materials of a legal disquisition surpassing in interest any, nay, even the most enthralling, among all those curious chapters descriptive of Crime and its Punishment, recently contributed by an anony mous writer of rare ability to the pages of Black• wood's Magazine. The incidents of this unparalleled case of " TIIELWALL v. YELVERTON" have by this time become perfectly familiar to the vast majority of the readers of the daily newspapers. Seldom if ever has a more lively interest been taken by the world at large, by all ranks and classes of the community, without any distinction whatever of creed, or sex, or social position, in an investi gation relating exclusively to the acts and thoughts, the sayings and doings, of pri vate individuals. Day after day the fullest particulars of the trial in the Court of Common Pieas at Dublin, have been reported in the public journals, and read with the most eager curiosity by hundreds of thousands in the United King dom, by people to whom the leading characters in the drama were the merest names, viz., Major the Uonourable WILLIAM CHARLES YELVERTON, second son, but now, through the death of his elder brother, heir to the coronet and estates of the present Lord AVONMORE, and the victim of this Honourable seducer and bigamist, MARIE TIIERESE YELVERTON nee LONG - WORTH. Throughout the whole course of this lengthened investigation ,in which Mr JOHNTIIELW ALL has been no more than the ostensible plaintiff, that gentleman acting manifestly and exclusively in that capacity, in furtherance of the infamously contemned interests and flagitiously denied rights of the Hon. Mrs. YELVERTON—throughout the whole progress of this trial Three Facts have been perfectly manifest, have been manifest beyond the possibility now of one moment's contradiction. Firstly—that no one has from the commencement to the conclusion of the inquiry endeavoured even by a whisper er an inuendo to impute the smallest blame to, to cast the slightest discredit upon the veracity, or in any way whatever upon the character of, the ostensible plaintiff THELWALL. A fact of the utmost possible significance under the circumstances, and one which Mr. WAITESIDE judiciously insisted upon as being particularly worthy of attention in the opening of his great speech in behalf of the real 'or virtual plaintiff on Saturday. Secondly—that no one, not even the counsel for the defence, not even Mr. I3REWSTER, not even Sergeant ARMSTRONG, has referred during this trial, however incidentally, to the " defendant without speaking of him in those terms which he has alone richly merited, namely, in terms of unmitigated contempt and measureless reprehension. Thirdly—that every one who came within sight or hearing of the lady whose wrongs have constituted the pathetic charm of this romance, that while everyone without excep tion who has looked upon her and listened to her voice hns, so to speak, yielded to the glamour of an irresistible fascination. Even the learned Queen's Counsel, who it will long be remembered so flag- rantly outraged public decency by the cruel and heartless extremities to which he pushed his piti lesse cross-examination,ven Mr. B REWSTER ! Even the learned Sergeant, who, if that be possible still more flagrantly outraged public decency than his colleague by endeavouring during the course of his (the closing) speech for the defence to attach an execrable epithet to the ,name of that lady, the purity of whose unsullied character has been — so - very signally and definitively vindicated by the verdict of an upright and manful jury of her fellow-citizens—even Mr. Sergeant ARMSTRONG, Who in that final speech for the defence Si , - ;:;',.,-- , - ••<,,lf LZIot.., ' 4 1 - .:1 . 7 1pLia b y • -;~ strove so grossly to have Mrs. YELVERTON branded with an infamous designation, with the very designation that DESDEMON A could alone, as a true woman, repeat by an ela borated periphrasis, as " that name he said, my lord, did say I was !"—even Sergeant ARMSTRONG while thus energetically earning the fee by which the brief he held in behalf of the son of Lord AVONMORE was accompanied—even he could only compensate himself, so to speak, for the fascination exercised over his unwilling senses by the Hon. Mrs. YELVERTON, by apostrophising her as a Syren and an Enchantress ! Those three wholly and absolutely undeni able facts, those three, by this time, perfectly self-evident propositions above particularised, would of themselves almost suffice to " point the moral" of this tale of passion, and upon Major YELVERTON'S part, as the verdict has now proved, of actual and heinous criminality. Nothing, not a hint, in the way of blame syllabled from first to last, by any one, against the nominal plaintiff! Everything, on the contrary, in the way of scorn and condemnation uttered against the defendant, upon all sides indiscriminately—against that defendant who has now been formally pro nounced by the Dublin Jury guilty of Bigamy together with all its concomitant criminalities and meannesses. And besides, the contrast thus pre sented to view in court and out of court, in the general feeling and instinct it might almost be called actuating all alike in regard to the plaintiff and the defendant the intended victim of the latter eliciting, from one and all, without exception, nothing but a mingled, and almost passionate, sense of sympathy and admi ration. Hence, indeed—from the prevalence and the intensity of these latter feelings—the extraordinary scenes witnessed in court, again and again during the progress of the trial, the ovations repeatedly given to the leading counsel for the plaintiff, and that rapturous outburst of acclamations which greeted the announcement made by the Foreman of the Grand Jury, when, last evening, delivering into court the verdict found by himself and his brother jurymen : the verdict pronouncing to be good and valid, both the Scotch and Irish marriages, and accompanying with that decision the extraordinary declaration, surely the most extraordinary in its way, ever pronounced by any jury, namely, that Major the Hon. WILLIAM CIIARLES YELVERTON is—a Roman Catholic ! Anything like a detailed narrative of the incidents of this singular romance of real life would, we are fully conscious, be nothing less at this moment than utterly superfluous. With those incidents the vast majority of our readers must long since have become perfectly well familiarised. The accidental meet ing, first of all, on beard the homeward bound steamboat from Boulogne. The hardly less acci- dental renewal of their acquaintance through correspondence sometime afterwards, when Major (then Captain) YELVERTON was at Malta and Miss LONGWORTH at Naples. The second meeting, namely, that which took place at the Convent at Galata during the period of the Crimean war, when Major YELVERTON was there as an officer of Artillery, and Miss LONGWORTH as a Postulant among the Sisters of Charity. The frequent interviews subsequently taking place between the destined lovers, afterwards to be [the Grand Jury has said it ! in their verdict] the destined husband and wife, doubly united as such by a solemnly repeated marriage ceremonial. The frequent inter views which took place between them after that second meeting (the one at Galata)—those inter views occurring day after day, when they met► as guests under the sacred roof-tree of the mili tary hut of that good soldier and gentleman, General STRAUBENZEE Miss LONGWORTH being at that period a habitual guest there as the friend and intimate of the General's wife, Mrs. STRAIIBEN- Z EE —Major YELVERTON the frequent, the constant, the daily guest, there also, as the General's friend, as friend of the house, as British officer, as English gentleman ! The second steamboat interview be tween Major YELVERTON and Miss LONGWORTH, when the latter terminated her visit to the good soldier's hut before Sebastopol that second steamboat interview, during which the lady's . honour was all but ♦iolated by by that Honourable Brother Officer and Gentleman who had slipped back to her side after grasping the hand of her then recent guardian and protector, General STRAUBENZ EE. Incident after incident— are not the scenes of this romantic drama familiar to the majority beyond any necessity whatever for their recapitulation ? Until the meeting again of the lovers—far away from Galata—down at Leith : until their Scotch marriage in Edinburgh : until their Irish marriage at Rostrevor : until their separation at Bordeaux. Such, it will be born in recollection, were the salient points in the argument upon both sides, founded upon this melanchoy history of love and passion consecrated by solemn nuptials—nuptials satisfactorily and elaborately reiterated—the love still true on the part of the wife bound thus in lawful wedlock — the passion exhausted on the part of the now actual Bigamist, the then intending Seducer, this Hon. son and heir of the present Lord AVON MORE. Conspicuous, or rather it must be said pre eminent, among the many painful passages in this deplorable history is beyond an instant's doubt that in regard to which FATHER MOONEY appeared during the trial as chief witness in his capacity as the officiating clergyman upon the occasion of the Irish marriage at Rostrevor. That rev. gentleman in the very words in which he is constrained to give his evidence while standing there in the witness box—that rev. gentleman in the very words falling from his lips pronounces his own severest condemnation. There needs no other, no - severer sentence of reprehension to be pronounced upon him in this lamentable particular. When he is compelled to exclaim with evident anguish that rather than do what he had done in regard to the marriage certificate he would sooner have cut off his right hand, he leaves us power less to speak of his. proceedings i n any stronger language. And it iff all in ' , mi n , too, for the nterests, of that , disgraced an d disgraceful defendant ! The marriage ceremony in regard to the arrangement and even to the very designation of which there was manifest during the course of the cross-examinations so much that was to say the least of it, equivocal —that very marriage ceremony has now been formally pronounced, as it could only be pro nounced, good and valid, as alike final and binding before GOD and man, in the face of earth and heaven. In that decision the whole passion and pathos of this- romantic story are epitomised. The profligate seducer—as the defendant alone de• signed to be—is driven out of the court of justice as the convicted bigamist. The intended victim of his lust and treachery is declared, in the same breath, to be his lawful wife, his wife twice over first by the Scotch, and afterwards by the Irish marriage —going forth again into the world with her long -outraged reputation triumphantly vindic ated —receiving, Heaven knows ! no dignity whatever from, rather - , h shOuld be said, re claiming in some measure to honour by her own I THE SUN, LONDON, TUTSDAYEEv ENING-, MARCH (5, 1861. graces, that otherwise degraded designation which is now hers by rigl_t—i,e., her name, style, and title as the Hon. Mrs. YELVERTON. The complete documents which create the New Austrian Constitution are now before Europe; and those of our readers N4'ho have patience enough to study such subjects probably examined tlilem last evening. It may not be easy in this country to judge of the meaning awl effect of each particular clause and article, but still the tendency of the whole can be readily seen. That it is a Constitu tion, and that it is even intended to give an amount of political liberty unthought of before the battle of Solferino, we may consider undeniable ; but that it contains clauses which, whether we perceive it or not, are intended to facilitate the restraint of Representative liberty, should the court again be come strong enough, no ene can doubt. The HArs- BURGS, aided by their Jesuit tutors and confessors, have ever been adepts at this kind of political duplicity and villany—indeell, their horrid thirty years' war began through it. The Vienna correspondent of a contemporary thus sums up the points which are considered there as unfavourable to the free working of the New Constitution, and to the undue influence of the Crown and the Administration. In the statutes for the Reichsrath it is not said that the EMPEROR will issue no more Patent Laws—that is, laws drawn up by the Cabinet and sanctioned by the Sovereign without the concurrence of the repre sentation of the empire. 2. By Paragraph 13 the Cabinet is made irresponsible, inasmuch as it is only bound to communicate to the Reichsrath the reasons for its acts and their results. Of the neces sity for a Bill of indemnity there is no mention. 3. It is not said that if the Reichsrath should be dissolved it shall be reconstituted and con voked within a certain time. 4. The ultra-Con servative party will be composed of high nobles and ecclesiastical dignitaries, and very many noble lay land proprietors will have seat and voice in the Lower House. 5. The Chambers of Deputies will be elected by the Provincial Diets, and not by the nation at large. 6. As the EMPEROR has reserved to himself the right to dissolve any of the Provincial Diets, it may happen that one or other of the provinces will not be represented at all in the Reichsrath. 7. It is nowhere said that the deputies shall not be called to account for the expressions they may use or the speeches they may make in the Reichsrath. 8. As a rule, the sittings of the two Houses are to be public, but there is a passage in paragraph 20 of the fundamental laws which gives to either Chamber the right to exclude strangers—a privilege which is almost sure to be abused in a country the inhabitants of which have not been accustomed to public proceedings of any kind. Most of these seem to be fair grounds of excep tion. A HAPSBURG and his tools would well know how to avail themselves of any one of them ; the only question is whether, with the concessidns on the subject of finance and conscription, the Council could not make its power felt if it had the public spirit to do so. We read in the "fundamental law" thus : " 10. In accordance with Article 2 of the diploma of the 20th of October, 1860, the following matters are to be within the sphere of action of the Reich srath :—(a) Matters connected with military con scription. (b) Matters connected with the currency, public credit, coinage, banks empowered to issue notes, customs, commercial matters, post, railroads, and telegraphs. (c) All those financial matters which concern the empire at large ; such as the budget, the State balance-sheet, the results of the manipulations of the finance department, the raising of new loans, the conversion (convertirung) of State debts, the sale, change, or mortgage of the real property of the State; the augmentation of the present taxes, and the imposition of new ones. The present taxes to be levied until repealed in a consti tutional way. The National Debt is under the control of the Reichsrath," Now it seems difficult to conceive that Anglo- Saxons at least, with such a weapon in their hands would not ultimately bid defiance to any Court and Administration. Even were the EMPEROR, like our STUARTS, to determine to do without Parlia ments, yet his want of credit, the sole ultimate cause of the offer now made, would bring him again as a beggar to the feet of the Nation's Represen tatives. But Austrian subjects are not Anglo- Saxons. But whether the new constitution will work is not, we apprehend, a question of details. It is a question of men and of principles. Suppose it a fair arrangement, if fairly worked, the great point to settle 'will be, can the peoples of the Austrian Empire, as it is called, trust the man and the men at their head. The iniquity of many generations is now culminating in one of the race who shares and exemplifies all the blindness, wilfulness, supersti tion, and bad faith of his forefathers—a race whose creed has been that peoples are made to be fleeced, cheated, enslaved, lied to, sworn falsely to, and shot down or hang if they resist, and rulers, by right divine, to do all these divine things to them. It is no exaggeration to say that Hungary has found all this to be quite true to the letter in the used up race which is now marching its armies into the country to restore, if possible, its old despotism, or to enforce the acceptance of the new Constitution. Some fourteen or fifteen provinces, most of them different nations, speaking different languages, are enumerated in these documents themselves. They are to be brought together by representatives into one council of 343 members. They have been hitherto all kept as much as possible alienated from each other by the Government, lest they should combine and tear their oppressor to pieces —now, they are all to meet to find —what ? that each has a quarrel with its neighbour, but all with the dynasty and the man who have duped, cheated, and maltreated them through all their history. Must they not either prove a helpless political Babel, or else a combination united by a sense of common wrong which will be more formidable in the heart of the empire than 150,000 Frenchmen outside it ? But there is the great question of the principles of the Constitution. It is intended to meet the Hungarian difficulty ; it utterly ignores it ! Hun gary has legally and consistently demanded, first of all and before everything, the cessation, of illegality. Every thing now in Hungary is illegal. The de facto King is a usurper with not the shadow of a title to the crown, but that given by Marshal PASKIEWITCH, under the orders of the brutal NICHOLAS, who had no right to bestow it. The army in Hungary is an illegality, the Church is an illegality, the taxes are an ille- gality, the administration of justice is an illegality, the currency itself is an illegality —everything governmental indeed is, not technically and acci den tally, but substantially and in the broad ♦iew, an illegality. Let this first cease, say the Hun- garians—let the Diet meet—let the abdication of FERDINAND be legally accepted by it—let the sew King be solemnly sworn, and a Palatine named legally—let the unlawful Austrian soldiers quit the country—let the taxes and currency be voted by the Diet, and then let the Diet and King proceed to make such reforms in the laws as both may agree on. Instead of this Hungarians are merely presented with an order on the Diet for 85 members out of 343, when they are nearly half the population, and more than half the strength of the Empire. It surely needs no prophet to foretel that the people who have stood so firmly to their legal rights under twelve years of wanton and cruel oppression, will not be cajoled out of them now. Besides their own strength, they will see in the Poles demand ing resuscitation of their nationality at Warsaw, in the Italians having already as good as secured theirs, in the encouragement held forth to " na tionalities " in Prince NAPOLEON'S speech,—in all these they will see that the hour has come for nationalities to reassert their existence and their rights. Would that our Court and Cabinet would back France in her noblest work, and represent the genuine feelings of the country to which they belong ! We are not in the secret of the Opposition, and do not know whether they mean to prevent, if they can, ',Sir JOHN TRELAWNEY'S bill from going into committee to-morrow. Of course, if they see fit to talk it over. that day they can, but we beg to remind them that the country is tired of such shabby practices, and will be disgusted with anything short of a "good stand up fight." That, Englishmen respect; but Irishmen must pardon us if we say that we prefer to leave to them all clever tricks and evasions for defeating an adversary who is willing to meet you face to face. As there is nothing to make the subject of discussion in committee, as it is a simple abolition bill with no clauses, and as this has been fairly divided on the second reading, the straightforward course now is to let it go through its formal stages f up to the third reading—to give ample notice o that, and to have another good division, if another is wished for, then. Several amendments are proposed, but the old crotchets have not a shadow of a chance, every one knows they are not intended t 2 pass. The only amendment worth the slightest notice is that which proposes to set. the house, instead of passing an abo lition bill, the task of devising means to support the fabric of the churches. We may surely rely on the Liberals not to be caught by such a Tory bait as this. Reform having been shelved; the Church rate battle has become the party battle of the country ; and now more than ever, the Liberal party are committed to Sir JOIEN TRELAWNY'S Bill, as the opposition are to its defeat. As we said ou the second reading, so we say even more confidently since the Liberal victory of last Wednesday, that the Liberals must go in to win. They cannot afford a defeat on what has become the testing question of the session. We speak from knowledge when we say that to be beaten in the Commons on a Church-Rate division, or even to have a smaller majority, will imperil seriously the Government itself. The interest felt by Libe rals all over the country is out of all proportion to the pecuniary merits of the matter ; it has plainly become a question of party zeal. Dissenters, and by far the larger half of Churchmen feel strongly that the vexatious badge of the supremacy of a dominant faith ought to be done away with. There is no getting rid of this feeling but by yield ing to it. Liberal Churchmen are ashamed of Church rates, because their Dissenting neighbours resent the impost, and these together constitute the strength of the Liberal party. They must not therefore be trifled with if the Government is to be safe—every Liberal member must see this battle fought out this session—he must be in his place at every expected division. MR. TU.RNBULL'S CASE. HOUSE OF LORDS, MONDAY, MARCH 4. DIVISION. Moved—That a select committee be appointed to inquire into the circumstances that attended the appointment and resignation of Mr. Turnbull in the Record-office. Ob jected to. On question—Content, 26 ; not content, 41. CONTENT. MARQUISES. EARLS. LORDS. Bath (Teller) Selkirk Monteagle of Bran- Normanby Stanhope don Salisbury VISCOUNT. Penshurst (V, Winchester Dungannon Strangford EARLS. LORDS. Petre Derby Chelmsford Ravensworth (Tel- Ellenborough Clifton (E.Darnley) ler) Grey Colchester Rollo Hardwicke Colville of Culross Somerhill (M. Clan• Lucan Denman ricarde) Powis Feversham Wynford - NOT CONTENT. Campbell (Lord BISHOPS. LORDS. Chancellor) Carlisle Keane DUKES. London Lismore (Viscous Newcastle LORDS. Lismore) Somerset Boyle (Earl Cork Llanover MARQUIS. and Orrery) Methuen Ailesbury Brodrick (Viscount Monteagle (Mar. EARLS. Middleton) quis Sligo) Airlie Calthorpe Ponsonby (Ear: Casa p erdown Camoys (Teller) Bessborough) De Grey Dartrey (Lord Cre- Rossie (Lord Kin. Granville mom)) naird) St. Germans De Mauley Stanley of Alder. Shaftesbury Do Tabley ley. Sommers Ebury Stratheden Spencer Foley (Teller) Taunton VISCOUNTS. Harris Truro Eversley Herbert IVodehouse Sydney Hunsden (Viscount Torrington Falkland) .DRU.RI-LANE THEATRE. Last night Maddle. Albina de Rhona made her first ap pearance at this theatre, in the farce of a " Smack for a Smack," written expressly for her by Mr. Palgro ve Simp son. She made a most favourable impression on the audi ence, and elicited very general applause by the neatness and grace of her dancing. After the farce a new ballet, entitled " Le Roi des Pierrots," was produced for the introduction of M. Knach, a comic dancer from Paris. The gentleman was as successful as the lady. The great feature of the ballet, however, is "La Dense des Pierrots," executed by sixty ladies. These are attired after a fashion something between that of the conventional French clown, and that of the "Folio," half their number being dressed in white, the other half in red. By a curious series of combinations and dissolutions, executed with extraordinary precision, the most singular living picture is produced, and though novelty is scarcely to be expected in the shape of a ballet, there is really something altogether new, as well as ex tremely agreeable in the Danso dee Pierrots. The Vienna papers state that the Empress of Austria will return in the month of May from Madeira in the Victoria and Albert, but there is reason to believe that no application far the loan of her yacht has yet been made to her Majesty the Queen. A letter from Genoa states that Signor Zam bianchi, who headed the Montefiascone expedition some time since, has been set at liberty on condition of his going to America; strict watch being kept over him till his em barkation. The Bank of St. Petersburg have reduced their rate of discount from 7 and 7i per cent. to 61 and 7 for the current fortnight. The approaching marriage is announced of the reigning Prince of Liechtenstein with the Princess Mathild• of Bavaria, sister of the Empress of Austria ; also that, of the_Count of Meran, son of the late Archduke John, with a Princess Liechtenstein. • Yesterday was the last day for sending in the March Exchequer-bills for renewal, and, notwithstanding the proposed increase of the rate to 2d. per day, and the contemplated alteration for increasing the marketability of those securities, payment, it is understood, will be de manded on a very considerable amount—probably not less than £1,200,000. TIIE IMPRISONED ENGLISH GARIBAL DIANS.— Mr. H. G. Hill, of Bristol, one of the volunteers in Gari baldi's corps, has received the following letter from Sir James Hudson, the British Ambassador, at Turin, in reply to a letter and a petition sent some time ago to the British embassy in relation to the five English Garibaldians who are now imprisoned at Naples :—" British Legation, Turin, Feb. 24, 1861. Sir,—ln reply to your letter of the 21st instant, I beg to state that, on hearing last January of the incarceration of the five Englishmen to whom you allude, I instructed our agent at Naples to interest himself in their behalf, and that gentleman subsequently informed me that the case of the persons in question had been recommended to the proper authority, end that they would soon be libe rated.--I am ) •) - &c JAMES HUDSON. H. G. Hill, Esq." EXETER HALL.--The " Messiah " will be per formed, by the " National Choral Society," on 'Wednes day evening, the 6th inst., commencing at 7.3 r. Princi pals, Mrs. Suchet Champion (her first appearance)- Madame Sainton-Dolby ; Mr. George Perren, and Mr. Lewis Thema", L.VI EST NEWS. REUTER'S TELEGRAMS. PARIS, TUESDAY, 12.30 r.m Three per Cent. Rentes, 68f. 05c., 68f. Flat. ROME, MARCH a Popular political manifestations are continually taking place. Twenty students have been expelled from the University. Francis 11. has dismissed his suite, composed of 100 persons, and also Prince Bisignano his Grand Chamberlain. Cardinal Antonucci is on the point of death. PARIS, TUESDAY, The Moniteur contains a report, addressed by the Minister of Justice to the Emperor on the sub ject of the affairs of M. Mires. The Minister alludes to the reports which have been prevalent, and according to which M. Mires had known how to procure for himself, by a suspi cious generosity, protectors sufficiently powerful to shield him from the chastisement of justice. The reports also asserted that the evil was so general and so great, that the Government, at the risk of saving the guilty parties, had resolved upon allow ing the affair to drop, in order to avoid scandals, the results of which would be incalculable, rather than to 18y bare the moral ulcers caused by corrup tion. "These assertions," continues the Minister, "in volve honour and justice in such a manner that I believe it necessary to point them out to your Ma jesty. Everybody in France acknowledges integ rity, honour, and justice." M. Delangle adds—" It cannot be tolerated that the design should be attributed to Government of casting a veil over acts which are amenable to the severity of the penal law." The Minister recalls the words of the Emperor, who at the outset of this affair ordered that justice should investigate the matter resolutely and without attention to any personal considerations : " Justice will be carried out with a care and patience which will not be baffled by any obstacles. Nothing will escape the investigation of justice, and if, contrary to my expectations, the accusa tions which party spirit has raised, and which are propagated by malignity and want of reflection, do not fall before the examination which has been commenced, justice shall not fail in its mission." BERLIN, TUESDAY, England, France, and Russia have also de manded that Denmark should lay before the Estates of Holstein the draught of the budget for 1861. TURIN, MONDAY, It is said that Count Cavour has, in a diplomatic way, brought under notice the necessity of settling the Roman question. PARIS, MARCH 4, In to-day's sitting of the Senate Senator Boissy expressed his regret that in the draft address no mention was made of the navy, which would render such great service in a war with England, which he desired. This remark was received with expressions of dissatisfaction. Senator Boissy maintained that the benefits of the English alliance had been exaggerated, and declared that a great majority of the country were of his opinion. M. Boissy further attacked England on the subject of the arrangements respecting passports. M. Billault blamed the desire for war with England, as the alliance cf that country with France would for a long time remain the best combination in favour of liberty and the interests of peace. M. Dupin directed attention to the recent finan cial scandals. Count Simeon endeavoured tojustify his partio pation in the affairs referred to. M. Billault said the government shared the sen timents of morality expressed by M. Dupin, and had instituted a strict investigation. Government desired that the guilty parties, if there were any, should be discovered and punished. The President said that public morality imposed upon the senators the duty of guarding against be coming engaged in such affairs. Prince Napoleon—Not only the senators, but also the high functionaries of the government. The first four paragraphs of the address were hen agreed to. WARSAW, MARCH 2, EVENING. The funeral ceremonies are concluded. The streets are completely filled with spectators. Every thing has passed off in perfect order. Neither police nor military are to * be seen anywhere. The citizens have maintained public order. PARIS, MARCH 4. The Petrie and the Pays say the Czar will ela• borate a project of constitution for Russia as soon as the question of the emancipation of the serfs shall be resolved. VIENNA, MARCH 4. The Austrian Gazette says :—" Prince Metter nich, the Austrian ambassador at Paris, has re ceived instructions to regard, in the conference on the affairs of Syria, the territorial rights of the Porte as the principal point of Austrian policy in reference to that question ; but at the same time to leave it entirely to the Western Powers to come to an understanding on the question of the pro longation of the occupation of Syria." AGRAM, MARCH 4. An imperial autograph letter, addressed to the Ban of Croatia, sanctions the re-establishment of the electoral law of 1848 in that province, except ing, however, the military frontier. The Diet will decide on the question of the annexation of Dalma tia to Croatia. THE DISTURBANCES AT WARSAW. The following additional details make the dis urbances at Warsaw assume a more serious charac :er. A letter dated Cracow, Ist March, says : " I am enabled to complete today the details of the recent occurrences at Warsaw. After the manifestation of the 25th February, during the whole of the 26th and 27th, the Russian troops were stationed in the public squares and principal streets. The city was perfectly tranquil, but had a sad and gloomy aspect. The Agronomic Society continued its sittings. On the 27th a funeral procession issued forth from the Church of the Bernardins. The troops sta tioned in the Cracow faubourg attempted to drive it back into the church. The people, in dignant, pelted the soldiers with stones. The troops charged them and fired a volley. At this moment the members of the Agronomic Society were leaving the palace where the sittings are held, and were crossing the street. Six of them were struck by the Russian bullets, and fell dead ; they were well-known and esteemed citizens. At this sight a general broke out. The prudent and in fluential men of the town succeeded in calming the people and preventing them from desperate acts. Count Andre Zamoyski, President of the Agronomic Society, waited upon Prince Gorts chakoff; a deputation from the city followed him_ to make a complaint against the military, and to demand that the safety of the inhabitants should be assured. The Prince expressed his regret, and said he would take measures. On the 28th the people seized thebodies of the citizens,killed,paraded them through the streets, and took them to the French Consul late. The French Consul refused to appear, and sent word to the leaders that he could not take any part whatever in the manifestation which had been made. The Government abstained from using the armed force, not feeling perhaps strong enough to meet the fury of the whole population. On the Ist of March the troops were consigned to their bar racks, and the Governor rendered the town respon sible for its tranquillity. The people themselves kept order, and made preparations for the funeral ceremoly of the victims, which will be attended by the whole population. The Government is pro bably temporising until it has more troops at its disposal." Another letter, dated Warsaw, February 28 gives some additional details. It says : " There was blood shed again yesterday. About noon a funeral service was performed in a church in the Rue Lechna, for the victims of the 25th. The police did not prohibit it, so that it was attended by an immense number of people, The church could not contain them all, and more than half remained outside. After the ser_ vice the people proceeded in a dense column to the Cracow faubourg. Here they met a funeral procession, which gave rise to a new demonstration, as it was supposed to be the funeral of one of the victims.lof the 25th. " In the Cracow faubourg detachments ofcavalry and infantry had been stationed to keep order. One of these detachments, consisting of 40 to 50 Cos sacks, endeavoured to prevent the people coming from the Rue Lechno joining the funeral coming from the Cracow faubourg; as words were of no avail, the Cossacks made use of the little leather whips they carry to drive back the advancing crowd. The cortege was headed by ecclesiastics, who were the first struck; this irritated the people, who began to pelt the Cossacks with mud and stones. The Cossacks formed, and fired at first blank car tridges, but they then fired a volley with ball, and four citizens fell dead, and many others were wounded. The crowd dispersed, the shops were closed, the bodies of the slain were placed on stretchers and paraded through the streets. " Shortly large crowds assembled, and proceeded to the spot of the massacre. Great agitation pre vailed. At night the troops withdrew. " It is whispered that the people act under the control of some recognised leader. It is, moreover, said that there are large quantities of arms con cealed in the city, and that a great revolutionary movement may be expected. The people are stirred to anger, and are ready for it." A letter in the Patrie throws a new light upon the affair. It says, that the anniversary of the battle of Grochow was simply a pretext. The real object of the demonstration was the resolution passed by the Agronomic Society in favour of the Polish peasants. On the 24th of February the Agronomic Society voted unanimously, in presence of M. Moukanhoff, Minister of the Interior, and in opposition to the programme of the Government, a resolution tending to constitute owners of the soil those peasants whom the official project wishes to maintain simply as farmers. The vote was re ceived with immense enthusiasm by every class of the population., (BY ELECTRIC TELEGRAPH.) BERLIN, MARCH 5. Several letters received here from Warsaw agree in stating that the Russian General, Zabalkof, who gave the order to fire upon the people, has been brought before a court-martial. The Minister of Police, M. von Trepow, has been dismissed. Governor Prince Gortschakoff has received orders from St. Petersburg to institute a searching investigation into the conduct of the military during the recent disturbances. FRANCIS JoSEPH, EMPEROR OF AUSTRIA, AND KOSSUTH NOTES. TO THE EDITOR OF THE SUN. Sir,—Aiout a month ago Count Apponyi, the Austrian Ambassador, requested her Majesty's Government to stop the manufacture and delivery of certain notes which were being printed in the establishment of Messrs. Day and Sons, and of which a specimen, surreptitiously obtained, was handed over as a proof. The body of this note was in the Hungarian language, and to the following effect : " One florin. " This monetary note will be received in every Hungarian State and Money office as " One florin in silver ; " Throe zwanziger being one florin; and its whole nominal value is guaranteed by the State. " In the name of the notion, " KOSSUTH, LOUIS." At the bottom were the Royal arms of Hungary. As is customary in such cases the legal advisers of the Crown were consulted: These notes were not imitations of any notes in existence, and the printing and publishing of notes purporting to be bank-notes of the State of Hungary—a State which de facto does not exist—would scarcely be considered as an offence by any existing law. Even the strictest interpretation of the law could not bring them under the head of a warlike preparation against a friendly State. The notes were worthless waste paper, with which not a pistol could be bought, and were only available in the con tingency that a Hungarian State was constituted, and that these notes were recognised by the nation. This would seem to be the natural view of the sub ject. This seems to have been, likewise, the opinion o he legal advisers of the Crown, for I see from your law reports that the Austrian Government has given up the hope of inducing her Majesty's Govern ment to meddle in the matter, and that Francis Joseph, Emperor of Austria, has addressed himself to the legal authorities of England. He comes before a tribunal of free and constitu- tional England, and states that he is King of Hun gary, and as such, in right of his Crown, has the sole and exclusive privilege of authorising the issue in Hungary of notes for payment of money, to be circulated in that country as money. It is a bold step this on the part of Francis Joseph, Emperor of Austria, to appeal thus to an English Judge to recognise his pretensions as King of Hungary, and to call down upon himself and his past rule the verdict of the public opinion of England. The right of succession in Hungary of Francis Joseph rests on the so-called pragmatic sanction which was published by Charles 111. (as Emperor of Germany Charles VII.) on the 13th of April, 1713, but which was only accepted by Hungary ten years later, in the Diet of 1723. This pragmatic sanction extends the right of succession to the female line of the House of Hapsburg ; but when Hungary accepted the succession it was as a bilateral contract and in the 1,2, and 3 Articles of the Statute of 1723. " His most sacred Majesty graciously confirms and will maintain all diplomatic and other rights, liberties, and privileges. laws and approved customs of the faithful estates of the kingdom and the parts annexed to it." Similarly his successors, who must be legiti mately crowned asKings of Hungary and the parts annexed to it, will inviolably maintain the above said prerogatives, immunities, and laws of the estates of the kingdom." The 3d Article of the Statute of 1790 orders that " the coronation and inauguration of the King shall inevitably take place within six menthe after the day of the death of the last King. The 10th Article of the Statute of 1791 decrees that " Hungary, with all the parts annexed to it, shall be a free kingdom, and independent in all matters relating to its government—that is, that it should be subject to no other people or State, but have its own Constitution and Customs, and that therefore it should be governed by its own legiti mately crowned King, according to its own laws and customs, and not according to the manner of i the other provinces." In the inaugural diploma of the last still lilting King Ferdinand (1830), Art. 1,2, 3, the latter pro mises : " 1. To maintain all laws whicit were made by the con sent of the preceding kings and the estates of the realm. " 2. To maintain the integrity of the kingdom, with all the parts and provinces annexed to it, and that ho will re store all those which have been separated. "3. That at every change on the throne the heir pre sumptive should be crowned in the legally convoked diet, aocording to the third article of the Statute of 1790, and should confirm by oath the present inaugural diploma." Now, Sir, these are some of the laws which regulate the right of succession in Hungary, and how has Francis Joseph complied with them ? The Hungarian Diet, legally convoked by the still living King Ferdinand V., was sitting at Pesth when the official Vienna Gazette announced to the world that Ferdinand V. and his brother Francis, the heir presumptive, had abdicated in favour of Francis Joseph. The right of succession by abdication is unknown to the Hungarian law, so, before it can be recognized, it must be estab lished by the legally convoked Diet. The only two cases in Hungarian history—Maria in 1385 and Rudolph in 1608—were in consequence, the first of a resolution, the second of a pressure from the Hungarian Diet. Thus, not only was the right of succession of Francis Joseph never recognized by the Diet, but it was never even officially announced to the nation. The first intimation was the attack under Prince Windisehgratz in December, 1848, with 75,000 men, combined with other attacks from north, east, south, and west, and when this attack ended in defeat and the Austrians were expelled in the spring campaign of 1849, 200,000 Russians were called in, and Prince Paskiewitsch "placed Hungary at the feet of his Imperial master." That foreign Governments, from political grounds, should recognise a de facto dominion, however unlawful, is natural enough ; but surely the tri bunal of a free people so jealous of its constitutional rights may be expected to consider the question of right and wrong, and not of political expediency. Francis Joseph may be Emperor of 'Austria by the grace of God, and rule Hungary by the grace of the Emperor of all the Russias, but an English court of law can only recognise him as King of Hungary when he has fulfilled those conditions which alone can make him King of Hungary. Neither is he recognised as such in Hungary—for in all the numerous representations made by the counties he is never addressed as King of Hun gary, but merely as Emperor of Austria. Equally untenable is the pretension put forward of " the sole and exclusive privilege of authorising in Hungary the issue of notes. Were he legally crowned king, and had he complied with all the laws, he would have no such privilege. The law of 1543 gives him the right of " coining money," but the only authority of issuing bank notes given by the Diet is that conferred on Louis Kossuth, as Minister of Finance, in 1849 ; so that, as a ques tion of right—of which alone there can be a ques tion before an English tribunal—Kossuth has it far more than Francis Joseph. And what is the complaint of Francis Joseph ? That the introduction of the said notes into Hun. gary will create a spurious circulation there. To fix the currency is in every country the pri vilege of the authorities. They determine what is to be a legal tender, and what is not. It is for Francis Joseph to declare that the notes in ques tion shall not be received in any Hungarian State and pay-office, and he is quite at liberty to impede their circulation if he can, but surely he cannot expect a British court of justice to do police duty for him ? His only claim to be King of Hungary is based on the 200,000 Russians who placed him there, and on the large force which keeps him there. He must appeal to them, and not to a constitutional judge of England, who will surely not degrade him self and his position by recognising the presump tions of one who rules by the violation of all that is most sacred in the eyes of every Englishman. Here is an opportunity to exercise that moral Power which is the legitimate boast of England. Let the world see that there is, at any rate, one country where might is not right, and England will have done more to strengthen a nation strug gling for its rights than if she had sent a powerful fleet to their support. I am, your obedient servant, MAGYAR. • RUSSIA AND POLAND. The following is the petition to the Emperor of Russia from his Polish subjects, of which a portion appeared in Me Sun of yesterday : " Sire,—The lamentable events which have just occurred at Warsaw, the exasperation which pre ceded them, and the deep feeling of sadness which has - penetrated every mind, have induced us to place at the feet of your Majesty the present petition, in the name of the whole country, hoping that your noble heart, Sire, will not remain deaf to the voice of an unhappy people. " These events, the heartrending details of which we abstain from describing, were by no means called forth by the subversive passions of any par ticular class of the population ; on the contrary, they are the unanimous and eloquent manifestation of sentiments discarded and of wants ignored. More than half a century of suffering imposed upon the whole nation, upon a nation which for centuries was governed by liberal institutions ; this nation deprived even of a legal voice to bring before th• throne of the Sovereign the complaints and ex pression of the general wants ; all this state of things has forcibly reduced this people only to make its voice heard by the cry of its victims, and thus it never ceases to offer up a holocaust. " Every inhabitant of this unfortunate country entertains in his heart a deep•rooted sentiment of nationality quite distinct from that of the other people of Europe. This sentiment resists the effects of time and of events ; misfortune, instead of weak ening it, has strengthened it. Whatever wounds it or insults it upsets the public mind. " Thus, that fatal influence has undermined all confidence between the governors and governed. Confidence cannot be restored. Violent and repres sive measures will be resorted to without effect. This country, formerly on the level of civilisation of other European States, cannot receive any moral or material development as long as its Church, its Legislature, its public instruction, and its whole social organisation are deprived of the stamp of its national genius and historical traditions. " The aspirations of the nation are the more fer vent as, in the great European family, it finds itself almost alone deprived of those absolute conditions of existence without which no society could achieve that development intended for it by Providence. " In placing at the foot of the Throne the expres sion of our sorrow and of our fervent desires, con fident in the sentiments of high equity and of jus tice of your Majesty, we have, sire, to appeal to your magnanimity. We are the fiithful subjects of your Imperial Royal Majesty." THE FATAL ACCIDENT ON TIE SOUTH WESTERN RAIL WA Y. The adjourned inquest on the death of Dr. Baly was resumed yesterday, at the White Hart, Merton. Some further unimportant evidence having been given, Mr. Carter, the coroner, having carefully summed up the more important points of the voluminous evidence which had been given, the jury proceeded to consider their decision, and, after a consultation of upwards of two hours, found the foll ow i ng ver dict :—" The jury find a verdict of accidental death, and they say this investigation has shown that one of the wheels of the tender was in a very danger ous stare from theimproper way in which the studs were inserted, although the evidence disproves this to have been the cause of the accident. We, the jury, strongly recommend to the consideration of the directors that additional break-power should be applied to all passenger t ra i ns . W e a l so cannot disperse without expressing our approval of the conduct of the pal d, engine -driver, and pointsman for the promptitude and presence of mind displayed on this occasion." A letter from Milan states that a subscription has !been opened throughout Italy in aid of the popu lation of Gaeta, which suffered so much during the bom bardment. His Royal Highness Prince Carignan, lieutenant of the kingdom, has put his name at the head of the list for a subscription of 10,000 fr.