The Sun. — London, England, 1864-05-11 00:00:00

NEW AMERICAN ODE—Silent, Paupers, or Starved to Death—Our Critic among the Pictures, &c. &c., in FUN this week. One Penny. THE DERBY.—RACE GLA_SSES (the best), at CALL 4GHAN'S, VA, New Bond-street, W., corner o r Conduit-street. N.B.—Sole agent to Volgtlander, Vienna. ROYAL ITALIAN OPERA, Covent -garden. From this time until the end of the season th!re will be four Opera nights in each week, viz., every Monday, Tuesday, Thursday, and satrday. Grand Extra Night. 31(11/e. Lucca.; Mdlle. Battu ; Madame Didiee ; M. Faure ; Signor Attri; and Signor Mario. TO-MORROW EVE \ ING (Thursday), May 12, will be performed, for the first time this season, Meyerbeer's Grauo Opera, LES HUGUENOTS. Valentia, Mdlle. Pauline L cca, her fourth appearance in England. and first appear ance this sea on ; Margari ade Valois, Mdlle. arie Battu ; D a nia, a'Onore, Madame Tag;iafico ; Urbane, Madame her fir t appearance this season; 11 Conte di oan llrl , a t. Faure, his first appearance this season; slarcelto, Signor Attri, in consequence of he illness of Herr Schmtit 11 Conte de revers, Signor Tagliaticl ; Meru, signor Polonini ; Tavannes, signor Rossi; De Betz, Signor }a far; liugueaa Soldier, Signor i.O hesi ; and Raoul, Si.ucr Mario. Conductor, Mr. Costa The incidental Divertissement wi I be supported by 31d1 e. Ealvicni, Mdlle. Carmine, and M. Despla.e., Commence at half past Eight. Pit tickets, 75. ; amphitheatre rta Is, 10s. 6d., 75., and 55. amphitheatre. 25. 6d. Boxes, stalls, and tickets may be had at the box-office. under the portico of the theatre, which is open from ten to five, and at the principal musicsellers' and librarians'. THEATRE ROYAL DR U R Y-L AN E. Managers, Messrs. Edmond Falconer and I'. B. Chatterton. THIS EVENING, AN APRIL FOOT• Mr. G. Belmore. Alter which, will be produc ed the Grand Stage Revival of Shakspere's Chronicle or Historical Play, entitled the First Part of HENRY THE FOLTRTIL The cast will include impersonations by those eminent krtists, Mr. PHELPS, Mr. NValter Montgomery, Mr. Walter Lacy, Mr. Addison , Mr. Ryder, Mr. itobert Roxby, Mr. Barrett, Mr. E Phelps, Mr. Rayner, Mr. H. Vandenhoff, Mr. G. fielmore, Mr. Ellerton, Mr. Fitzjames, Mr. Neville ; Miss Edith Wynne, Mss se Leclercq, s oft he D Mrs. rury Edm -lane und Ccm- Fal coner, supported by al l the Member t pany. Concluding with 3IY HEART'S IN THE BIGIILANDS. IfHEATRE ROYAL HAYMARKET.- Sole Lessee and Manager, 31r, Buckstone. THIS EVENING, AN UNLUCKY MORTAL. Mr. Wm. Firrell and Miss M Harris. After which, DAVID GARRICK. Messrs. Sothern, Chippendale, Buckstone. Rogers, Clark, Weathersby, &c. ; 31esdaines Snowden, Nelly Moore, Fitzwilliant. After which, the new Easter piece, entitled VENUS AND ADONIS. Messrs. Compton, Wm. Farrell, Coe. &c. ; Mes dames Louise lieeiey, Snowden, Nellyi'ower, Hill, Wright, liners, &c. To c:nclude with A KISS IN THE DART. Commence at 7. 0 Y Al, LYCEUM THEATRE. Under the Sole Management of Mr. Fechter. Mr. PECHTER will perform HAMLEI' on SATURD.X.Y next, May 14th. Claudius, Mr. Emery; Polonius, Mr. John Brougham; Ghost, Mr. G. Jordan; Laertes, Mr. C. Vanden h ff; Horatio, Mr. J. G. Shore ' • First Gravedigger, Mr. H. Widdicomb • Osric, Mr. F. Charles ; Messrs. W. M'lntyre, F. Morton. 'Raymond, Moreland, Clifford, Edmonds, Sims, Collett, Ophelia, Miss Kate Terry ; Actress, Ifiiss 31. Hen rade ; and Gertruie, Miss Eleworthy. The Scenery painted by Mr. W. Telbin. Notice.—The doors open at half-past 7, and Hamlet com mences at S. The whole profits of the evening will be dieded between the National Shalopere Committee and the Dramatic Col leje School Fund. Box Office open daily from Eleven o'clock till Five. ROYAL PRINCESS'S THEATRE.- Sole Lesee and Manager, Mr. Geo. Vining. THIS EVENING, DRAWING-ROOMS, SECOND FLOOR, AND ATTICS. After which, Shakspere's ROMEO AND JULIET. Ro meo, Mr. J. Nelson ; Mercutio, Mr. Vining ; Nurse, Mrs. H. Marston ; Juliet, Mdlle. Stella Colas. N - E \V THEATRE-RO YAL, ADELPHI.- 6ole Proprietor and Manager, MI". B. Wtbster. Last Week but four of ;he Great Traged.ene, Miss Bateman, in the character of LEAH. THIS EVENING,an apropos Sketch, SHAKESPEARE'S ROUSE: Messrs. J. L. Toole, it. Phillips, Stephenson. Af er which, at 8, LEAH: Miss Bateman, supported by Messrs. A. Stirling, K. Phillips, Biiiingtun, Stuart, Eburne, Stephenson ; Miss H. Simms and Mrs. tiiilington. To emacinde with THE AREA BELLE : Messrs..T. L. Too!e, F. Bedford, rt. Itomer, Miss Woolgar, and Mrs. H. Lewis. Commence at 7. BATEMAN.-L E A H.-THI6 EVENING and EVERY EVENING —Miss Bateman will appear in her great impersonation of the Jewish fria , dtn until further notice. In order to give due effect to t,ds most remarkable success of the se,son, eatirely new scenery by the celebrated artists Messrs. Ranson and Sons, and Thompson. New drc saes and appo ntments have be,n prepared for its production.—N. kt. In consequence of the viressing and numerous applications at the Box-othle, ar tngementa have cow been made by which Seats m y be ob tained a Fortnight in Advame. ROYAL ST. JAMES'S THEATRE. under the Management of Mr. B. WEBSTER. Crowded with rank and fashion.— The neatly successful new Comedy every Even greatly succesatul new Comrdy every Evening. Amongst the artists engaged will be found the popular nsmes or Mr. Benjamin Webster, Mr. Charles Mathews. Mr. Frank Matthews, Mr. .1. L. Toole, Mr. .i. Clarke, Mr. Paul Bedford, Mr. F. hobinson. Mr, Ashley ; Mrs. Chas. Mathews, Mies Ht-rbert, Mrs. Frank Matthews, Miss A. Cottrell, Miss Fanny Josephs, Miss I'atti Josephs, Miss Wentworth, and Mrs. Stirring. EVERY EVENING, at 7. a Farce, with a new sensation, called nUAKE HANDS : Mr. .J. Clarke, Mr. Ashley, Mr. J ohnstone ; Miss Fanny Josephs and miss Patti Josephs. After which, a new and oriOnal Come-ly, in 5 acts, by Dion Boncicault, ESQ , entitled THE FOX CHACE. Mr. Charles Mathews, Mr. Frank Matthews, Mr..J. Clarke, Mr. F. Robin son, Mr. Ash ey, Mr. W. ChamDerlaine ; Mrs. Chas. Mathews, Mrs. Frank Matthews, and Miss Henrietta Simms (her first appearance here). At 10, OUT OF SIGHT OUT OF MIND. Mr. Charles Mathews and Mrs. Frank Matthews. To conclude with UNDrAt THE ROSE. Commence at 7. ROYAL STRAND THEATRE. Manager, Mr. W. 11. Swa.nborough , THIS EVENING, ON AND OFF. Followed by ORANGE BLOSSOMS. After which (12th time) MA ZOURKA. Messrs. Honey, Turner, .tc. ; Marie Wilton, Simpson, &c. To conclude with TURN HIM OUT. Commence at'. COALS. —The LILLESHALL COMPANY'S COAL. Direct from their own Collieries. Marquis'.......24s. per ton. I Double.. 204. per ton. Top 9 35. „ Nut 5........ lBs. „ Deep 2ls. „ Well screened and delivered within five miles of their De pots, Westhourne Park-road, W., and i 7, South Wharf , Paddington, W., and Maiden-lane, N. Best Colo Terms cash. JOHN SCOTT, Sole Agent SHE THIRD EDITION OF " THE SUN,' Containing the Latest SPORTING LNTELLIGENCE Pm be had Every Evening of G. Et. GLENIE, News AGENT, No. 4, Connaught-terrace, Hyde-park. The Weather—Sun Office, May 12, 1864. THERMOMETER. This day at Two o'clock .. 52 Barometer-29.82. Wind—N.E. ; moderate breeze, and cloudy. fIIGH WATER AT LONDON BRIDGE. TRIP; DAY. —Morning, sh. 25m.—Aftennon, sh. 44m 0 -moaßow.-` , forting , 46:I.—Afternoon, 611. 96m, T - *un, LONDON, WEDNESDAY, MAY 11, 1864. A case of considerable importance came before the Court cf Queen's Bench on Monday at the sittings in banco. The matter was not in itself of so ranch consequence, but the principle involved in it gave it especial interest and character. The case was e E r parte PATER," and refer re d t o that difference between a judge, a counsel, and a jury man is the Middlesex Court of Quarter Sessions which some little time ago attracted. so much attention. Mr. PAyNE, t h e Assistant J u d ge, it will be remembered, inflicted a fine of £2O upon Mr. PATER, a barrister, for alleged contempt of court on his refusing to withdraw certain offensive observations. Upon this a rule nisi was obtained to bring the order up to the Court of Queen's Bench for the purpose of quashing it, and accordingly, on Monday last the whole case was argued at length before the Lord Chief Justice, Mr. Justice BLACK- Du - R N, Mr. Jastice MELLOR, and Mr. Justice SIIEE. Ti l e decision of these experienced and competent j u dges was looked for with considerable interest by the profession and the public generally, and indeed we may think it fertunate that a matter involving principles of so great impertanc e was brought up for their hearing,. The case, as stated in court, - fulfils the old adage which tells us that in quarrels there are usually faults on both bides. Mr. PATER was defending a prisoner charged with felony, an d objected to some questions which the opposing counsel put to a witness, and, so far, he was certainly within bounds. Upon this the foreman of the jury very indiscreetly made some dis paraging observations, and subsequently, while Mr. PATER was conducting the cross-examination , he found fault with his manner of doing so. Hero was the foreman's part of the blame, for, however necessary it may be for jurymen to put questions to the witnesses, end however useful remarks made by them may sometimes be, as the Lard Cniel Justice observed, such remarks should always be addressed direct to the Judge. It would certaitdy appear to be beyond a juryman's pro vince, except in very extreme cases, to interfere with the conduct of the case at all, and certainly for him to take upon himself the office of censor is to trench upon the functions of the court itself, and contrary to all legal etiquette. It is the business of the presiding judge to keep order in the Court, and to see that each party fulfils his duties properly, and if he fails to maintain the dignity of his cffice no other person can properly take his place. The utmost that it would have been correct or becoming for the foreman to do would have been to have called the attention of the judge to the conduct of the barrister, if in fault, and to have appealed to him to interfere for the protection of witnesses or the elucidation of the truth. The judge's fault was in not checking the officious juryman in observations which the higher court condemned as improper and imperti nent, and such interferer ce might well have been expected from a judge who proved himself suffi ciently sensitive to the honour of his court to pro ceed, subsequently. to the unusual length of fining a barris'er. Then came Mr. PATER'S share in the fault. It was, perhaps, natural that he should feel some irritation, and he might, without impro priety, have appealed to the rest of the jury on behalf of his client, begging them not to be un duly influenced by the opinion of their foreman ; and, in fact, the Lord Chief Justice distinctly intimated his opinion that such an appeal was entirely within a counsel's province. However, Mr. PATER went further. He said, "Thank GOD that there are twelve jurymen ; for if it rested with one, and that one the foreman, there could be no doubt of the result," and according to the affidavit of Mr. PATER he added that "he ought to be re moved from the box and another juryman put in his place." Mr. PAYNE upon hearing these words, uttered in a loud and angry manner, requested Mr. PATER to withdraw them ; being, according to his own account, apprehensive of a retaliation on the part of the foreman. The words themselves were not so much objected to, as the manner of uttering them ; but Mr. PATER, when appealed to by the Judge, declined to retract them, reiterating them with some warmth, upon which, after some alter cation, the judge inflicted the fine of £2O, which the counsel has just appealed against. The decision of the learned judges on Monday, will, we think, be received with general satisfaction. They showed themselves to be unanimous in maintaining the general rights and 'privileges of the bar and of the jury, and showed no wish to elevate the judge of a court of public law into an arbitrary despot. But after a careful hearing of the case, they arrived at the conclusion that they were not justified in making the rule absolute to quash the order. The Lord Chief Justice, in delivering his very clear and able judg ment, pointed out that the question for them to decide was really whether the Court of Quarter Sessions had power to punish for contempt of court, and not consider the justice of its decisions. The Court of Queen's Bench has, as his lordship pointed out, no appellate jurisdiction with regard to toe lower court, although it could interpose in a case where the Court of Quarter Sessions had outstripped its functions. "There can be no doubt," said his lordship, " that the words themselves were words which a counsel might well have uttered in the honest discharge of his duty ; and however harsh or unpleasant they might have appeared, that would have been no ground for a committal for contempt. But, if used for the purpose of insulting the juror, then they were used not in the exerc;se, but the abuse of the privilege of counsel, and then they would amount to a contempt of court, for which the counsel might properly be punished." The matter therefore resolved itself principally into a question of tone and manner of which only those present at the time of the dispute could judge, and conse quently it would have been scarcely suitable to quash the judgment of the lower court, mere especially as the opportunity of explanation was afforded to Mr. PATER, who might easily have intimated that he intended no disrespect to the court. The Lord Chief Justice, in some measure, modified his judgment by commenting strongly on the error of the Assistant- Judge in not silencing the juror's irrelevant obser vations and preventing his getting ieto a personal altercation with the counsel. So that all the parties concerned met with well-merited reproof. Mr. PATER'S case did not suffer for lack of an advocate, since Mr. DEtcMAN, who appeared for him, did not confine himself to argument, but cited an instance in which Lord CAMPBELL, to insignificant autho rity, had expressed, in strong terms, his approval of ERSKINE'S reprocf to a judge; and not content with so distant a precedent, Mr. DeeemeN ingeni ously referred to cases in which the Lord Chief Justice himself and Mr. Justice SHEE, then on the bench, had taken a similar course. But we may presume that, in ail these instances, the learned counsel showed a due respect to the court by pre serving a proper moderation of tone and manner, and certainly ERSKINE'S language was different from that of Mr. PATER, Next to securing justice, order is the first thing to be sought for in a court of law, and, indeed, it is highly instrumental in attain ing the power. It would be impossible to preserve due decorum if counsel were allowed to forget the obligation of courtesy in the excitement of advocat ing a cause or defending a privilege. The value of such forms has been powerfully illustrated in the contrast afforded by the American Congress to our own English Parliament, and we must not forget that when the words, " Take away that bauble," dismissed the symbol of representative authority, the rights of Parliament itself soon fol lowed it. It is necessary very often that counsel should be restained from exercising undue pressure npon witnesses, and if, in deference to their sup posed privileges, no one may interfere with them, the liberties of the subject will be imperilled out of respect to the Bar. Should the judge overstep his powers, it will be easy for a counsel to point out his error in a firm but respectful manner, and so carry the approval cf the public as well as the higher courts with him. In this case, however, no such sympathy was evoked, and the decision of the four judges may be studied with profit by judge, jury, and counsel in the lower courts. Lord STRATHEDEN Came forward in a very spirited manner the other evening to take up the cause of Poland. His lordship was aware of the disadvantages he laboured under in undertaking the task at this juncture, when the i n t ere st an d attention of the public nat ura ll y turns to the bfflirs of Denmark, and centres in the questions that relate to its welfare. This fact, however, does not detract from the impertance of the topic re ferred to by the noble lord, and due credit ought to be awarded to him for coming to the rescue, ae it were, and when others drew back in indifference or ignorance, for stating the points which required notice. His lordship moved the following resolu tion :—" That io the opini o n of this House the cor respondence of her MAJESTY'S Government with the - Cabinet of St. Petersburg on the Polish ques tion has not yet reached a satisfactory conclu sion." Doubtless many who took up the cause of Poland with zeal and ardour last year ar rived at about a similar =elusion; but the danger is that at the present time or no heed THE SUN, LONDON, WEDNESDAY EVENING, MAY 11, 1864. will be paid to the subject at all, from the all engrossing topics of interest and excitement that attract universal regard and attention. Therefore it is very essential that some one should stand up and denounce in Parliament the very unsatisfac tory ccurse which our Government has adopted. The fallacies of their system, the futility of their attempts, and the impotence of their efforts in all important questions of foreign policy, are patent to the world, and have by this time been fully recog nised by a disappointed and disheartened people at home. At all events it is a sort of satisfaction to find that we have among us some who dissent from their feeble and pusillanimous course, and if it seem but a scanty remnant who come forward in opposi tion to the hosts who swell the ranks of the powers that be, and diepenee the favours cf office, we may rest assured that these few represent the spirit of the country at large in its integrity. It seems strange how so many blunders should have been committed in one year as have been perpetrated by our present Ministers. It is true that the fates seemed to have conspired against them, and to have exercised their most fatal influence on their course. Lord STRATUEDEN went over the history of the correspondence, and showed that it had produced the most disastrous effects throughout its progress, and finally, by abrupt termination, had Materially conduced to " impair the French alliance." This is strictly true, for the French EMPEROR had every reason to be indignant at the manner in which he was treated in this affair of Poland, and we are now indeed seeing the conse quences of the tame and spiritless policy of our Cabinet at that time. Had the English Govern. ment taken up a more decided tone from the outset and checked the cruelty of Prussia, and upbraided the assistance which Prussia rendered to that power, we should not now be witnessing the ungovernable assumption, and extreme intolerance which the Germanic States are displaying in Denmark. Also the French influence would have been more power fully employed in the present instance, but who can wonder that an astute politician, and a consummate diplomatist like the Ruler of France is unwilling to peril his reputation by sharing an undertaking with statesmen of such ephemerial stability and evanes cent decision as the present occupants of the Treasury benches. Poland was led to sup pose that some of the most powerful nations of Europe had taken up her cause in good earnest, and could hardly fail to succeed to some great extent. Instead of this months went by in fruitless argu ment till the Cabinet of St. Petersburg lost patience, and through its mouthpiece very unpolitely requested the mediating powers to mind their own business. Either actuated by secret motives, or really dismayed at the tone adopted towards them, our Government precipitately withdrew from the contest when the fruitless war of words had been exchanged, and of course the other States had to follow suit nolens volens. No wonder that such a mode of procedure has called down the scorn and ridicule of all prescient politicians throughout the Continent, no wonder that by such a line of action, our Ministers have abrogated their rights and privileges,and now, as cone speaker justly remarked the other day no ore asks what England will do in any emergency, but speculates upon what course the French E3IPEROR will adopt. Earl RUSSELL'S speeches are not worth perusing if he desires to receive an assurance that possesses the weight, er to meet with an expression that is consonant with the spirit that should attach itself to the utterances of the Foreign Minister of the country. It is always a string of platitudes, a tissue of excuses, and a col lection of shallow arguments that issue from the remarks of the noble lord. The end is the same in all cases, and nothing is admitted or acknowledged that can be construed into a reproach of any foreign Power or an expression of sympathy with any injured people. It would be a great relief if the noble lord would fire up on behalf of some State in which the House and the country take an interest, whether for struggling nationality by the shores of the Baltic, or for noble independence beyond the waves of the Atlantic. But the days seem for ever past when he stood forth in the panoply of the Minister of England— " The languid JOHNNY grew to glorious JOHN " It would have been better for his reputation in the present and his future fame in the pages of history if he had retired from so prominent a position before such a change came over the spirit of his dream as that which has made the descendant of those who died for the liberties of England the apologist of aggressive tyrants and the inactive observer of attacks that are unparalleled for unfairness and oppression. The present generation is certainly not fortunate in being fated to witness so many distressing events, and to behold so many nations and races afflicted with the scourge of war, and the cruel calamity of despotic tyranny. Mr. COBDEN was certainly very nzal apropos some years ago in his prophesy of a general peace pervading the world. Instead of that blessed advent there seems general war and universal discord. The last startling announcement that reaches us concerns the Caucasians, and pain ful to the feelings as have been the several items of intelligence that have been forwarded to us from time to time concerning the state of the nations that are the theatres of war, it would seem as if this last event bids fair to rival, if not surpass, the other casualties. It is always a distressing and disastrous occurrence when a brave race has to give way at last, and a gallant band of patriots falls before the ruthless attacks of merciless and unscru pulous invaders. The Russians, with that perse verance that always accompanies their warlike efforts, and that savageness that unfortunately distinguishes their natures, have pursued their course of conquest, and kept firm to their work of extermination. Such a picture as is presented to our view of the sad state and bitter miseries of this helpless and persecuted people seems almost incre dible to realise by civilised states, and repugnant to the very nature of all humane people. What evils must have been endured, what cruelties in flicted, and what an appalling prospect for the future presented itself to their view harrows the thoughts to contemplate and fills the imagination with horror. Really when we read of these transactions we may ask, Where is the vaunted progress of the age ?—has it made peace an easier possession ?—has it deserted war and its horrors ?—has it oven kept alive the chivalric feeling that in the earlier days of the world's history made honourable some of the most deadly strifes, and softened the harsh outlines of attacks and invasion ? Nowadays it would seem as if to spare the vanquished, to moderate the rigour of conquest, and to apply the golden rule that is applicable in war as in peace were quite uuthought of. At all events, Russia has set a stern example to the less powerful nations, and, judging from recent accounts, Prussia has not been slow to follow in her wake, nor slack in her endeavours to compete for the gains won in the unworthy manner described. It will long be remembered as a lasting disgrace to the Prussians that their persecutions nhould have compelled their unfortunate victims to resort to the adoption of this unnecessary expedient, and to expose themselves, their women and children, to the perils, fatigues, and miseries of this unpre pared for and unparalleled expedition. It. is difficult to decide in what particular phase of their fearful undertaking the outcasts of this noble race suffer the most, or are the most to be pitied. Whether waiting on the shore for the means of transport, or in the act of crossing the Euxine in the crowded and miserable vessels, or again when landed at their destination, in all the horrors of over-stocked places and contagious diseases, it is impossible to say which is the worst. The details of their adventures r ' in the several stages are most harrowing to dwell upon, and must make the reader shudder to contemplate. To think a:so that these decimating inflictions and excruciating torments have been endowed by a noble race, adds tenfold to the horrors of the reflection, and renders it difficult to restrain one's indignation in due bounds. It is difficult for those who arc accustomed to the incon sistent and equable rule of constitutional govern ment to csmprehend the motives of those who thus constantly urge on an exterminating war, and per sists in the face of all remonstrances from other nations to follow out their preconceived policy. The only solution that can be found is in the want of humanising feeling that is so lamentably deficient in the Russian, as also in some other states. This want is, indeed, most painfully in the details of the Circassian exodus. Seldom has it fallen to the lot of the present generation to peruse such a harassing recital as that which is here presented before us, and it naturally suggests itself to the mind to consider the circumstances that have led to the sad casualty, and the consequences that may ensue from its occurrence. There can be no doubt that it is the tyranny of the Russians that has led to their departure. That rule has been of such 6 class that it involves resistance even from the con quered, and causes men to undertake the must des perate measures rather than abide undt r its sway. The best proof of the invincible character of their determination is that those who still remain are re solved to follow, notwithstanding the fearful priva tions and sufferings to which their predecessors have been exposed. It is truly observed in the account of this sad affair that the " sacrifice of independence alone would surely not have induced 300,000 people in a body from their country." Al so , th e y to fly would have adopted more prudent and precautionary measures before proceeding on such a momentous expedition. It is quite idle for the Russians to say that they have endeavoured to take steps to con ciliate the people. No one of any discernment can possibly attach credence to such an assertion. The stern denial to their declaration is given in charac ters that none can fail to mark. The brave but unfortunate Circassians have rendered a solemn protest against the cruelty of their barbarous op pressors in the sight of GOD and Man, and the nations must look on with awe at such a fearful visitation befalling a noble race, and with indig• nation at the barbarity that propels the deed. It is to be trusted that in the land of their adoption these unhappy exiles may meet with a better fate, but that will not condone the conduct of those who have driven them forth from their hearths and altars, from the graves of their fathers and the soil of their birth. THE ROYAL ITALIAN OPERA. Rossini's " Barbiere di Siviglia," The repetition last night of Signor Rossini's cele brated lyrical comedy, in two acts, " II Barbiere di Siviglia," went off as radiantly as the first per- formance of it this season on Saturday evening. The house was, if possible, still more crowded than on Saturday, being in effect thronged with one of the most brilliant audiences that has responded this year to Mr. Gye's unflagging enterprize. The cast of the "Barbiere" has, upon the whole, per haps, n3ver been more effective since the date of its first appearance from the hand of the maestro. Nor, indeed, can this apparently extrava- gant assertion be at all wondercd at, when note has been simply taken of the apportionment of the three principal characters ! A more charming, sprightly, gracious, vivacious Rosina surely never warbled out of the balcony of Dr. Bartolo's palazzo, than Mademoiselle Patti, who was last night in delicious voice throughout the performance. As for signor Mario's Count Almaviva—that, by the way, has long been perfectly well known in all the principal capitals of Europe as one of the great tenor's most delightful impersonations. And al though Mario's once matchless organ is not now (naturally) what it was for so many years, what it still continued to be, until very recently, namely, in one word, unrivalled his perfect mastery of the art requisite in a veritable prime Lenore, his handsome presence, and his inimitable acting, still render him altogether, even now, in spite of the wear and tear apparent in his voice, unrivalled in this, if in no other, character : and we ourselves consider him to be still unrivalled in several others! If in no other charac ter, all will at least allow him to be unrivalit;cl, we say, in the character of Count Almaviva. And then—the Figaro of last ea en lag! The Figaro of the Royal Italian Opera Company, still, in this year of grace 1864 ! The " Figaro sit," the "Figaro gift," the " Figaro qui," the " Figaro li"—was there ever a more comics], capricious, mer curial, animated, inspiriting Figaro than Signor Ronconi ? Well, " Hurdly possible !" we should say—and who that has seen him will hesi tate ono instant to say that with us ? Look at him! Listen to him! And then — even supposing you to be naturally a curmudgeon, and unnaturally one suffering at the time from an attack of indigestion—preserve your habitual gra vity of countenance—if you can! Ronconi's Figaro, in effect, we would unhesitatingly pronounce to be a certain remedy for dejection, for lowness of spirits, in fact for all the evil consequences of hypochondria. His jabbering, his pirouetting, his very way of strumming the guitar, his grotesque imitations, every now and then, of the highest notes of the soprano, of the tenderest notes of the tenor, and of the deepest notes of the basso—imita tions ridiculously echoing the very tone and manner, as one may say, now of Madlle. Patti, now of Sig nor Mario, now of last night's capital impersona tor of Doctor Bartolo, to wit, Signor Ciampi— each and all of these and of the many other name• less vagaries of Ronconi's Figaro, we would here fain point to as a certain means of exorcism for those horrible little imps, the Blue Devils. Observe his very way of tucking his barber's. napkin under Dr. Bartolo's chin, of lathering that same un shorn chin of the old Dactor—(lathering it up to the eyes, and wiping some of the suds on the top of the Doctor's head !)—watch him in that frightfully ludicrous way he has of flourishing his razor within a hair's breadth of Dr. Bartolo's nose—and hear him all the while talking and laughing and singing as it were altogether—and then go in search of a better Figaro than Ronconi'a —if you like I But—Oh that conventional Italian method of lyrical comedy ! If it be not absolutely high treason, that is, to say ao! If, moreover, in saying so, it be not the very depth of dis graceful ingratitude to our incomparable maestro Rossini ! Well—if it be nothing of all this-0 that conventional Italian method, again we say it, of lyrical comedy ! We don't allude to Figaro alone, or to Count Almavive, or to Rosina, or to any of the rest of the characters—we refer rather to what may be called the staple commodity em- ' ployed in the fabrication of the whole "Barbiere." And that ? Well, who will fail to rectal it to mind when we speak of it as —ia between the veri table music of the opera, in between the solos and the concerted pieces—as—neither singing, nor yet talking, but an indescribable something made up of the two together, and this talking•singing, or singing-talking, streaked all through, at uncertain intervals, with discordant scrapes on the violen cello or the double bass, by way of accompaniment ! Sudden, abrupt scrapes—half scream half growl — more like the moanings of a broken-winded old cow in the cellar than anything else in the wide world. This being, of course—the fan of the thing, the Italian comic, the musical grotesque —yet, all the while, a method, we maintain, purely and (to our mind at least) most irritatingly conventional ! There it is, however, and, of course, being Rossini's and in the "Barbiere,'' it is to be accepted, no doubt, as the correct thing, though, again and again we say it, a method purely and quite intolerably conventional ! Between whiles, however, in amongst this incoherent mass of song-talk—streaked with those harsh scrapes across the strings of the violoncello —what indubitable, delightful, sometimes per fectly delectable music there is in this "Barbiere di Siviglia!" Now, in the very first scene, that delicious serenade of the Count, " 0 dolce conten to," charmingly given by Mario last evening! Now, that wonderful, sprightly, exhilirating soliloquy of Figaro's, when he first makes his appearance and sings to us, "La ran la lera," who he is! Now Rosina's "Io sono docile," exquisitely sung last night by Meddle Patti—though failing to win, even though coming from her dulcifluous lips, an encore. The one only encore of the night, in point of fact, beiag the famous "Zitti, zitti, piano, piano," beauti fully rendered by three such consummate artistes as Patti, Mario, and Ronconi. The chorusses were admirably given throughout the night, the first of them perhaps being the very best—meaning, of course, -hat irresistibly ludicrous one where they will keep on offering their thanks, " Mille grazie • • alai° signore," to the almost distracted Sere nader! Altogether, the whole performance yesterday of the " Barbiere di Siviglia," as on. Saturday, passed off delightfully—the two acts lengthening out until towards midnight. Their Royal Highnesses the Prince and Princess of Wales honoured the performances with their pre• sense : in the suite of their royal highnesses being the Hon. Mrs. Grey and Major Teesdale. Among the fashionable company present were—his Excel lency the Ambassador of France, .the Duke of Gra nada, the Marquis of Harrington, the Earl of Dudley, the Earl of Coventry, the Countess of Har rington, the Earl Annesley, the Earl Granville, Viscount Cranbourne, the Countess of Arran, Vis count Ranelagh, Viscount Newport, Viscount Tor rington, Lord and Lady Stanley of Alderley and the Hon. Misses Stanley, Lord Cranstoun, Viscount and Viscountess Boyne, Lady Edith Abney Hast ings, and Captain Hastings, Lord and Lady Col ville, Lady Mary Hope Vere and Mrs. Smith Barry, Lord John Hay, Baron and Baroness Rothschild, Sir G. Broke-Middleton, Lady Agness Murray and Captain Morray, Lady Filmer, Sir Percy and Lady Barrel], Sir Anthony and Lady Rothschild, Sir John Cathcart, Sir John Trelawny Sir Win. Clay, Hon. R. H. Meade, Hon. H. Eliot, Hen. F. Cal thorpe, Lady Molesworth, Sir George Clerk, Hon. Mrs. Cast, Mr. and the Hon. Mrs. Pereira, Colonel Farquharson, Colonel Start, Major Gage, &c. The number of emigrants who embarked at Havre in April was 1,679 ; of whom 1,624 went to New York, 51 to Rio-de-la-Plata, 2 to Trinidad, and 2 to San Francino. - -- - The Salut Public of Lyons says :—" The lune . rousse or April mow', so much dreaded by gar deners, has now ended. The fear of frosts, therefore, dis appears entirely, and will no longer serve as a pretext for maintaining wines at a high price, The vines indeed pre sent everywhere a magnificent appearance. There still remains, however, a critical moment to be passed—the blossoming--but even should heavy rains wash away some of the buds, or even 'should the hail cause damage in some localities, the crop in general will nevertheless be good, as vegetation is now sufficiently advanced to give hopes of a complete maturity." I LATEST INTELLIGENCE. LREUTER'S TELEGRAMS.] COPENHAGEN, MAY 9, 9.15 p.m. The Dagblculet of to-day says :—" Independent of the war contribution imposed upon the towns of Jutland, Field-Marshal von Wrangel has imposed a requisition of 51 millions Rigsdalers upon landed property." COPENHAGEN, MAY 10, 10.34 A.M. The Ministers of Justice and of the luterior have resigned, being dissatisfied with the suspension of the blockade having been agreed to. 2,000 inhabitants of the environs of Holding and Fredericia have been compelled by the enemy to assist in demolishing the fortifications of Fredeticia. The Defeat of General Banks, Mr. Lindsay, M.P., in a letter to a contemporary writes :—I enclose an extract from the letter of an English friend of mine who is at present on a visit to New Orleans. lam not aware that he has any Southern predilections, and he seems to give the facts as they came before him. Considering how much the people of this country have suffered by a war, which from the first aps peared to me to be as vain as it is now terrible, I think it is time we expressed some opinion in Par• liament as to the folly and wickedness of continuing a war which must end in the separation of the Southern from the Northern States of America. We, by our silence, tacitly admit that there is a prospect of the restoration of the Union, and we are silent spectators of a struggle Ni here perhaps more life has been wantonly sacrificed in three years than in any war between civilised nations in either ancient or modern times, while, so far as we can judge from the opinions expressed by those persona we daily meet, there is not one thoughtful man out of every hundred in this country conversant with the subject who says, or believes, that the broken Union can be restored. "New Orleans, April 16. "My object in now addressing you is to an nounce a dreadful defeat of General Banks, He attacked Kirby Smith with an army of 30,000 men, the latter only having 20,000. He has lost 9,000 men, all his artillery (36 pieces), ammuni tion, and baggage, and was obliged to retreat de moralised, although the Government organs of this city have given an account of a flaming victory, when it is quite the reverse. I conversed with a Yankee soldier yesterday who was present at the ' three-day fight,' as they call it. He says they had a fair fight in the open, that the rebels went at it with the fury of an avalanche which nothing could withstand, and the Union troops skedaddled tenfold faster than at Bull's-run. He says their cavalry, which was 9,000 Strong, could not now form an efficient brigade. Troops are sent for from all quarters. Government have impressed all the steam on the liver to reinforce the General, so that this place is being swept. He says the rebels are well clothed and booted, indeed as well as it is pos sible to be. lam sorry for Banks; because he is a very good fellow." THE LATE NAVAL ACTION. In the action off Heligoland, in which the Danes proved victorious, the vessels engaged were— On the side of the Germans— Guns. Austri an 1 50 39 ...... I I S t. e a n d w et a z r k z y enberg Adler Prussian / Gun-boat 3 ........ Do. Total ...... 121 On the side of the Danes—. Niels Juel .......................... 42 Heimdal Dagmar Total .................... 71 Modern Miracles. Some telegrams sent yesterday from Heligoland, by Submarine Telegraph, narrating the progress of the naval action, were received, owing to the difference of longitude, in the following order : Sent from Heligoland. Received. 12 23 ................ 12 19 2.10 ...................... 1.49 4.15 11.50 .... 12.10 ........ 3 A RAILWAY ACROSS TIIE A NDES.—Mr. Henr y Aleiggs had discovered the existence of a p ass called the Valle de las Cienagas. in the Colchagua chain of mountains, highly favourable to the construction of a rail way to connect the Pacific and Atlantic seaboards of the South American continent, He bad presented a report on the subject to the President of the Republic. It appears that the pass in question is placad at an elevation of only 6,000 feet above the central valley of Chili. The proposed railway could be carried out by means of an extensive pro longation of existing lines, or of lines in course of construc tion. The total cost is estimated at about £1,600,000, and the time necessary for its execution, it is said, would not be more than 4 years. The pass is some 85 miles in extent. We trust to be enabled to give some further particulars re specting this interesting subject in our next.—Brazil and Ricer _Mee Nail. THE QUEEN AND 13AP.ON VON BEUST.—Apropos to the recent announcement to the effect that Baron von Beust, the Envoy of the Germanic Confederation, left town early on Wednesday, in order to pay a visit to her Majesty at Osborne, a correspondent signing himself " A True Briton" writes to us—" Surely there can be no truth in the reports of Baron de Buest being a guest of her Ma jesty, and Prince Alfred of the King of Prussia. Both must be inventions of the enemies of our Royal Family. " Credat judam non ego SPAIN, MADRID, MAY 11, The estimates were voted last night at an extra ordinary sitting of Congress. The Council of Ministers yesterday approved the bill regulating the right of public meeting, intro duced by the Minister of the Interior. CADIZ, MAY 11. The Dake of Montpensier has left for England. The steamer Corogne has arrived here from San Domingo. She brings no news of importance. S f. MAZAIRE, MAY ii. The steamer Florida has arrived here from Vera Cruz. AMERICA. SOUTHAMPTON, MAY 11. The Hamburg and American Company's steamer Saxonis, from New York on the 30th ult., arrived off the Needles at 10.55 to-day, FRANCE. THE CORPS LEGISLATIF. PARIS, MAY 11. In his speech in the Corps Legislatif yesterday M. Rouher, Minister, President of the Council of State, spoke as follows respecting the maintenance of peace : "Peace at present rests upon serious guarantees, I have pleasure in repeating with M. Berryer that peace is in the hands of France. Bat France will only open her hand when compelled to defend her honour or the inviolability of her frontiers. As re gards the sad conflict in the north of Europe we may now hope that a pacific solution will be effected. I cannot believe that the Great Powers have met in London to obtain no result. I prefer to believe that M. Berryer has allowed himself to be carried away by the anticipations of a gloomy pessimism. BOURSE, May 10,—The market has been more buoyant, and a fair amount of business transacted an advance. Threes, for the Account, are now at 66f. 70c. Mobilier, Shares have improved to 1,162 f. 50c. Railway Market also firm, with an improvement on many of the lines. The market closed as follows 41 per Cents. 9B Do. end month 3 per Cents ' Do. end month 66 75 Credit Mobilier 1167 50 Do. end month 1163 75 Bank Shares 3350 Credit k oneier 1255 Roman RAIL Italian Loan 6B Do. end month 6B Nero ditto Do. end month — Russian Austrian . SpamehThrees 51 Rome Debt .. — Deferred rAYB. Cash. Account. Orleans - .... 875 ~ 880 Northern Lyons and Mediterranean 887 50 .. 890 New ditto BB2 50 .. Southern Western Eastern Sardinian Austrian Lowbard _ _ . Forth of Spain Saragossa 552 60 .. 560 Ditto to Barcelona THE WEST COAST OF AFRICA, GREAT DEFEAT OF THE KING OF DAHOMEY'S TROOPS. LIVERPOOL, MAY 11. The African Royal Mail steamship Athenian, from the West Coast of Africa, Tenerife, and Madeira, arrived here this morning. Her dates are Benin, March 24; Fernando Po, 29; Cameroons, 30; Old Calabar, April 1 ; Brass River, 4; Bonny, 6; Lagos, 10 ; Accra, 12 ; Cape Coast Castle, 14 ; Cape Palmas, 16; Sierra Leone, 21; Bathurst, 25; Tene rife, May 1 ; and Madeira, May 3. Benin. was healthy. At Fernando Po smallpox was prevalent amongst the colonial people. Trade was dull. Camaroons, Old Calabar, and Bonny were healthy. The King of Dahomey's troops bad been re pulsed by the Egbas with a loss of 1,000 killed and as many wounded. OUTWARD AMERICAN MAILS. SOUTHAMPTON, MAY 11. The North German Lloyd's steamer America, Captain Wessels, sailing hence to-day for New York direct, takes out 210 saloon passengers and upwards of 1,000 tons cargo on freight, of which 450 tons were shipped from this port, The Malvin takes out the English, French, and German mails, and 195,000 francs value in jewel lery from Havre. MARKETS—This Day. MARK-LANE. The supply of English wheat on the Kent and Essex stands to-day was very moderate. For all qualities the trade ruled firm, and both red and white parcels were dis posed of at the full prices current on Monday. With most descriptions of foreign wheat the market was moderately supplied. Holders and importers were very firm, and the tendency of prices was somewhat iu favour of sellers. Floating cargoes of grain moved off steadily, at extreme rates. The supply of barley was moderate. On the whole, the trade ruled steady, at fully Monday's quotations. Malt changed hands to a limited extent, at late rates. There was a steady demand for oats, and fine corn com manded rather more money. The market was moderately supplied. Beans and peas ruled firm, at extreme rates. In flour a moderate business was transacted, at full cur rencies. ARRIVALS THIS WEEK. Wheat. Barley. Malt. Oats. Flom. English.-- 420 10 2,200 170 1,390 Irish - 1,140 -- Foreign-- 5,670 1,830 16,990 . sks, brie. BOROUGH HOP. Our market is dull. Good and fine hops continue firm in price ; otherwise, the quotations have a downward ten dency. WHITECHAPEL. Moderate supplies of meat are on sale, and the trade, generally speaking, is slow, at the annexed quotations :-- Beef, from 2s 104 to 4s Od ; mutton, as 61 to 4s 64; lamb, 5s 8d to 6s 41; veal, 3s 8d to 4s 8d ; and pork, 3s 2d to 4s 44 per 81bs by the carcase. The Charivari publishes a woodcut in which Prussia, in military uniform, is represented at table, taking enormous mouthfuls of a tempting dish, labelled " Jut land.' Close by, a diplomatist in embroidered costume is hurrying up to prevent any further absorption. Below is written, " Making all the haste possible to devour the whole before the dish is taken away." Signor GardOni, the renowned Italian tenor, has, we understand, accepted an engagement at her Majesty's Theatre. MEYERBEER'S If AFRICAINe Will be shortly given at the Opera. The composer was present at the rehearsals, and it will be, therefore, given with the spirit of his interpretation of his own music blooming in it, and be the most earthly recalling of the memory of the composer which is possible. gr it:ful l 4_ CMlTat HER MAJESTY, WINDSOR CASTLE, May 10. The Queen, accompanied by her Royal High ness Princess Helena, walked and drove in the grounds this morning. Their Royal Highnesses the Grand Duke and Duchess of Mecklenburg-Strelitz visited her Ma jesty to-day, and remained to luncheon. Lord - Methuen has succeeded Viscount Torrington as Lord in Waiting. The Prince and Princess of Wales, The Prince of Wales rode out yesterday, attended by Major Teesdale. The Princess of Wales took a carriage drive, at tended by the Hon. Mrs. W. Grey. Their Royal Highnesses the Prince and Princess of Wales went to the Italian Opera, Covent-garden, in the evening, attended by the Hou. Mrs. W. Grey and Major Teesdale. The Duke of Cambridge visited the Prince of Wales at Marlborough House. HEALTH OF THE METROPOLIS. (From the Registrar• General's Weekly Report.) Thirteen hundred and seventeen deaths were re gistered in London in the week that ended last Sa turday. In the ten corresponding weeks of the years 1854.63 the average number was 1,192, which, if raised in proportion tl increase of population,would give a mortality for the present time of 1,311. The deaths of last week approximate closely to the esti mated amount. Three hundred and nineteen deaths occurred from zymotic diseases; of these 9 were caused by small pox,ss by measles, 40 by scarlatina, 9 by diphtheria, 61 by whooping-cough, and 65 by typhus. Two hundred and twenty-six persons died from diseases of the respiratory organs (exclusive of phthisis ; bronchitis was fatal in 121 cases, and pneumonia in 74. Phthisis carried off 183 persons, 136 dying between the ages of 20 and 60 years. The daughter of a gentleman, aged 15 years, died at Sydenham-rise, Forest-hill, from typhoid fever two months, pneumonia three days. The medical at tendant remarks, " The drainage of Sydenham-rise in the parish of Camberwell, is in a most unsatis factory state." A boy, aged 13, apprenticed to a pawnbroker, committed suicide. A woman, aged 30, died at the Union•house, Greenwich, on the 2d May from destitution and starvation. Last week th© births of 967 boys and 912 girls, in all 1,879 children, were registered in London. In tho 10 corresponding weeks of the years 1854- 63 the average number (corrected) was 2,015. METROPOLITAN WATERS IN APRIL, 1864. These waters, according to the analyses of Dr. Robert Dandas Thomson, F.R.S., still contain a greater amount of organic matter than might be anticipated in such a dry month, when the rainfall was less than an inch. The least total impurity was found in the New River, and the smallest quan tity of organic impurity in the West Middlesex water. The Kent water was free from surface impurity. The composition of a well water is given, which varies remarkably in the amount of its im purity, ranging to upwards of 90 sometimes, while it contains much ammonia and nitric acid, the pro• ducts of oewsge. _ _ Total impurity Organic per gallon. purity. gre. or deg. grs. or deg. 01) 0.0 Distilled Water Loch Latrine water, new supply to Glasgow Manchester water supply Marylebone-lane Well THAMES COMPANIES. Chelsea Southwark 2 . 35 3 . 33 68'24 •680 8.00 20.08 Grand Junction West Middlesex Lambeth OTHER COMPANIES. Kent 1820 2040 19'28 19 . 61 2340 East London New liver 18 . 8! 1'36 /.32 1'44 1'24 I'2B "" The table is read thus—Loch Katrine water contains in the gallon 235 degrees or grains of foreign matter in solution, of which •605 degrees or grains are of vegetable or animal At the Royal Observatory, Greenwich, the mean height of the barometer in the week was 29 . 754 in. The barometrical reading decreased from 30 . 04 in. on Sunday to 29.561 n, on Tuesday. The mean tem perature of the air was 52.1 deg., which is 0.9 deg. above the average of the same week in 43 years (as determined by Mr Glaisher). The highest day temperature was 69.6 deg., on Friday. The lowest night temperature was 42.8 deg., also on Friday. The entire range was therefore 26.8 deg. The mean temperature of the water of the Thames was 56 8 deg. The difference between the mean dew.. point temperature and air temperature was 6.1 deg. The mean degree of humidity of the air was 80, complete saturation being represented by 100. The direction of the wind was variable. The amount of rain that fell during the week was 0-87 in. The deaths in Vienna, as returned by Dr Glatter, were 478 in the week ending April 23, when the temperature was 46.17 deg. ~CITY SEWERS COMMISSION, Yesterday a meeting of the members of this commission was held at Guildhall, under the presidency of Henry Da Jersey, Esq. Of the commissioners present were—Deputies Read, Un win, Perkins, 0 wden, Cork, Lott, Burnell, C. Reed, Bone ; Messrs. George Walter, T. Symonds, Butterill, F. Cox, J. T. Young, Israel, Dadawell, Straker, Chaplin, Banning, &c. Two summonses ware heard against Mr Wright, the landlord of several houses in Providence•place and Braziers-buildings, for having neglected to carry out certain sanatory works in accord ance with the notices served upon him by the officer of the commission. The commissioners in each case ordered that the works should be performed within seven days, and in default that the landlord should be summoned in the usual way before a magistrate, The attention of the Court was drawn to the circumstances in connection with the proposed purchase of some property in Newgate-street, for the purpose of effecting a further public improve ment in that thoroughfare. The property in ques. tion consists of two houses belonging to the Tallow Chandlers' Company, who offer the same to the commissioners for the sum of £lO,OOO. The CHAIRMAN having explained the circum stances in connection with the proposed improve ment, it was decided that application should be made to the Common Council to contribute one third of the cost of carrying out the same. SANATORY CONDITION OF THE CITY. Dr. LETHEBY laid before the Court the following report on the sanatory condition of the city " Gentlemen,—The inspectors' returns, which are before you, relate to 311 houses that have been in. - spected during the week, and I submit a list of 159 places that require sanatory improvement. I also submit a list or places requiring further proceedings on account of orders already issued but not yet com plied with. " The markets and slaughter houses have been duly inspected, and the officers had condemned 3,3361138. of meat as unfit for human food. It con. sisted of 8 sheep, 2 calves, 3 pigs, and 36 quarters of beef ; 2,2181b5. were diseased, and I,ll9ins. were from animals that had died from accident or disease. " Fifty-two births and 48 deaths have been re gistered during the week. The mortality returns are less than the average, for the corresponding period of the eight years. Half of the deaths (24) were among children of less than five years of age, and only 8 amohg persons of GO and upwards. The chief causes of death were as follow :—Phthisis bronchitis 6, mesenteric disease 4, hydrocephalus 1, continued fever 4, scarlet fever 1, small-pox 2, ery sipelas 1, measles 4, diphtheria 1, and infantile diarr hma 1.-making, together, 16 deaths from tubercular diseases, 6 from inflammatory affections of the lungs, and 15 from diseases of a zymotic character—the chief of these was measles, which has been rather more fatal than usual. "I remain, gentlemen, yours truly, "UT. LETHEBT. " Guildhall, May 10, 1864." After disposing of eeveral unimportant matters, the commissioners adjourned. ---- KOSSUTII'S WIFE is said to be sufferi❑g from cancer; and, it is added, that the es-Dictator scarcely ever leaves the bedside of his wife, and shows the deepest mental distress, as well as tender solicitude, for the sufferer. 14