The Sun.
London, England, 1860-02-02 00:00:00

(then Chief Justice of the Queen's Bench) were I
also examined before the committee, and gave
their opinion on the same subject, particularly
with reference to the evidence of Barons Parke
and ALDERSON. The evidence of these eminent
persons was sent round to all the other judges,
wit'a a request that they would give their opinion
upon the question referred to them. Barons
PARKE and ALDERSON pronounced a very decided
opinion against criminal appeals—i. e., the power
either to the Crown or to the prisoner to move for
a new trial, or in civil cases; That opinion was
concurred in without any modification at all, but
rather on stronger grounds, by Lords DRN3IAN
and BROUGHAM ; and also, in written communica-
tions to the committee, by Mr. Justice PATTESON,
Mr. Justice COLERIDGE, Mr. Justice WIGHT-
MAN, Mr. Justice ERLE (now Chief Justice
of the Common Pleas), Mr. Justice COLTMAN,
Mr. Justice MAuLE, Mr. Justice CRESSWELL,
Mr. Justice V. WILLI kms, Lord Chief Baron
PoLLocx, Mr. Baron ROLFE (the late Lord Chan-
cellor), altogether by twelve judges, besides the
Lord Chief Justice of England." After which
retrospection one looks at the Bill last night,
as POPE did at the fly in amber—wondering " How
the devil it got there !" But there, happily, it is
now no longer. The ill-considered measure is
dismissed summarily to the state waste-paper
basket, but in doing this the House has been
compelled to lose almost the entire of one of its
Wednesday afternoons.

LATEST NEWS.

The following telegrams have been received at
Mr. Reutor's office :

MADRID, FEB. 2.
Yesterday a considerable number of Moorish
forces attacked the right wing of the Spanish
encampment, but were repulsed.
The Spanish then made an attack on the Moorish

lines, threw the Moors into disorder, and took their
positions, which they maintained until the end of
the fight.

The Spanish artillery caused enormous losses to
the enemy, estimated to amount to 2,000. The
Spanish lost 200. The victory was complete. The
brother of the Emperor commanded the Moors.

TURIN, FEB. 1.

The Sardinian Government has ordered the
workmen to accelerate the extraordinary works
entrusted to the forges at the Royal arsenals.
The report of an intended journey of Count
Cavour to Paris and London has been contradicted.
The King's health has improved, and his Majesty
will leave for Milan next week.

BERNE, FEB. 1.

The report published in some Belgian papers
that Switzerland had addressed a demand to the
Powers that, in the event of Savoy being annexed
to France, Chablais, Faucigny, and the Genevese
district should be ceded to Switzerland, has been
officially denied.

THE BRAZIL MAIL.
LISBON, lAN. 31.

The Royal Mail Steampacket Company's ship
Avon has arrived from the Brazils, and will leave
for Southampton this evening with 63 passengers
and £6,275 in specie.

OUTWARD CALCUTTA AND CHINA
MAILS.

The following telegram has been received this
day at Mr. Reuter's office from the Peninsular and
Oriental Steam Navigation Company :

The Valetta left Malta for Alexandria at mid-
night of the 30th January.
The China arrived at Malta on the Ist February,
at 8 a.m., and was to sail for Alexandria at noon.

THE Ir-SUN, LONDON, THURSDAY EVENING, FEBRUARY 2, P6O.

rES'ak

Blackwood's .illatictzine.
The second instalment of " Norman Sinclair"
is very well worthy of perusal ; and among the
anecdotes introduced, particular attention may be
called to the" Bailie's Visit to Paris." This is a most
entertaining sketch; and the horror with which
the staid old adherent to forms and institutions re-
garded the reckless and unrestrained mob of demo-
cratic Parisians is most impartially described. The
most absurd feature in the story is when the deter-
mined old man refuses to leave the carriage, and
is therefore removed in it to assist in forming the
barricade. No wonder, after escaping the dangers
of a revolution, that he exclaimed, " Na, na, I'm for
none of your mob rule or Radical ascendancy. I
have seen enough of that already to last me for the
rest of my born days." The account given of the
hypocrite Jess is an admirable caricature, and re-
presents a class that it is sad to think swallows up
hordes that might save the deserving destitute
from starvation. Much sound senso will be found
in the paper on " The Diffusion of Taste among all
Classes a National Necessity." It is truly stated
that taste, once the heritage of the few, has now
at length grown into a national want, demanded
for the many. All the principles here insisted on
are of the highest importance; and the more tho
correct, and not the mere ornate, is the object
sought for, the more will the effect be eminently
beneficial ; and it would be a happy result of the
endeavours now making to improve the public
taste, if, as is here prophesied, the time is approach-
ing when art shall penetrate into all the relations of
life, " when not only the luxuries for the rich, but
the simple necessities for the poor, shall adorn
alike the cottage and the palace, with that beauty
which is a joy for ever." The second part of " St.
Stephen's" fully sustains the reputation of the first,
and in many a glowing thought and in many a
brilliant passage will the reader recognise the
creation of no ordinary composer. Perhaps the
description of Burke is the most effective of the
masterly sketches that these pages contain :
But poets colour all that they regard,
And among statesmen Burke stands forth the bard ;
By his own genius both obscured and fired,
At times inebriate, and at times inspired;
Has Truth ten sides' he must invent the eleventh,
And quit the earth to gain a heaven—the seventh!
"Is it for that"—(no speeches read so well)—
" That when Burke spoke ho was the dinner-bell?"
Friend, if some actor murder Hamlet's part,
No line supplies the histrio's want of art
Nay, the more beauty in the words prevail,
The more it chafes you if the utterance fail.
Shakespeare, ill acted, do you run to hear ?
And Burke, ill spoken, would you stay to cheer?
" But what the faults that could admirers chill,
And thin the benches plain Dundas could fill?"
Partly in matter—too intent to teach—
Too filed as essay, not to flag as speech ;
Too slight a fellowship with those around,
'Words too ornate, and reasonings too profound ;
All this a Chatham might have brought in vogue I
Yes—but then Chatham did not speak in brogue
A voice that made the brogue yet more displease,
A loud monotony of tuneless keys ;
A form, if strong, to well-bred gazers coarse,
And that fatiguing fervour—want of force :
Join these in Burke, and add his wisdom lack'd
What most St. Stephen's needs and values—tact.
Loud as a scandal on the ears of town,
And just as brief, the orator's renown!
Year after year debaters blaze and fade—
Scarce mark'd the dial ere departs the shade;
Words die so soon when fit but to be said,
Words only live when worthy to be read.
Already Fox is silent to our ago,
Burke quits the rostrum to illume the page.
He did not waste his treasure as he went,
But hoarded wealth to pile his monument,
Now voice and manner can offend no more,
And pure from dross shines out the golden ore—
Down to oblivion sinks each rude defect
And soars, annoal'd, the eternal intellect.
The readers of Maga will welcome this
bright and attractive addition to the stores
of their favourite serial, and will rejoice at the
opportunity thus afforded them of beholding re-
produced the mighty masters of oratory, who ad-
dressed not alone the auditory of their day, but
whose burning eloquence still speaks in the voice of
fame to succeeding generations. "The Luck of
Ladysmede" is continued, and presents some de-
cisive scenes ; this story is carried to too great a
length, it would be more effective if curtailed, and
the really striking passages thus forcibly impressed
upon the mind. This applies, however, there to the
earlier portion than to these last instalments, which,
in vigour and variety, bid fair to form a spirited con-
clusion. The article on " France and Central Italy"
is well written, and contains some admirable remarks
on the volunteer movement. After adverting in
suitable terms to some of Mr. Bright's most vehe-
ment vilifications, it is truly said that the criticisms
which have been made are absolutely contemptible.
" In broad military operations, organisation is of
course of the utmost importance ; but is that to
supersede loyalty, patriotism, and courage Were
the three hundred of Leonidas—as some of our
martinets seemed to suppose—trained to the goose-
step, or did they fight less valiantly, and become
immortal, because they were enthusiastic young
men—indeed, the volunteers of Sparta." Amid the
paltry and unworthy arguments that have been
uttered on this subject, it is eminently satisfactory
to find in a periodical of such ability and influence,
sentiments that are worthy of the cause it so ably
advocates, and whose spirit will be appreciated by
all who would maiutain the dignity and honour of
,heir country.

Fraser's Magazine.
The pleasant essayist who adds so much to the
attractions of this magazine contributes another of
his thoughtful and suggestive papers. It is on a
somewhat novel subject, but one which, unfortu-
nately, addresses itself to most of us. It is
entitled " Concerning Giving Up and Coming
Down," and though the heading may at first sight
somewhat perplex the reader, there is little doubt
that he will on further perusal recognise the topic
as one that has often come within his own personal
experience. He thus explains himself at the out-
set : " By Coming ])own I understand this—Learn-
ing from the many mortifieations,disappointments,
and rebuffs which we must all meet as we go on
through life, to think more and more humbly of
ourselves, intellectually, morally, socially, physi-
cally, zesthetically ; yet while thinking thus hum-
bly of ourselves and our powers, to resolve that we
shall continue to do our very best : and all this
with a kindly heart and a contented mind. And
what is Giving Up ? Giving up means that when
you are beaten and disappointed, and made to un-
derstand that your mark is lower than you fancied,
you will throw down your arms in despair, and re-
solve that you will try no more." After analysing
the various forms of Coming Down in all its pain-
ful varieties, and the inevitable lessons it teaches,
the writer proceeds to denounce Giving Up in the
strongest terms. The wise and good man will often,
he tells us, have to come down, but never to give
up
And splendid success has often eome at length to the
man who fought on through failure, hoping against hope.
Mr. Disraeli might well hare given up after his first speech
in the House of Commons : many men would never have
opened their lips there again. I declare I feel something
sublime in that defiant " the day will come whenyou will be
glad to hear me," when we read it by the light of after
events. Of course, only extraordinary success could justify
the words. They might have boon the vapouring of a con-
ceited fool. Galileo, compelled to appear to come down, did
not wive : "still it moves." The great nonconformist
preacher,' Robert Hall, fairlybroke down in his first attempt
to preach : but ho did not give up. Mr. Tennyson might
have given up, had he been disheartened by the sharp re-
views of his earliest volume. George Stephenson might
almost have given up, when his railway and his locomotive
were laughed out of the Parliamentary committee. Mr.
Thackeray might have given up, when the publishers re,-
fused to have anything to do with ' Vanity Fair.' The first
articles of men who have become most sucessful periodical
writers, have been consigned to the Balaani-box. Possibly
this was in some measure the cause of their success. It
taught them to take more pains. It was a taking down.
It showed them that their task was not so easy : if they
would succeed, they must do their very best. And if they
had stamina to resolve that though taken down they would
not give up, the early disappointment was an excellent dis-
cipline. I have known students at college whose success in
carrying off honours was unexampled, who ix their firsst one
or two competitions were ignominiously beaten. oe
would have given up. They only came down : then they
went at their work with a will ; and never wore beaten
more."

Leaving this interesting essay, we come to a paper
on the " Battle-fields of 1859," which gives us a
view of the scenes presented by Magenta and Sol-
ferino. The second article on Mr. Collier's edition
of our great dramatist decides that the emendations
are altogether modern fabrications, and blames the
eitor somewhat severely for his share in the
H
transaction. "
ohnby House" is continued, and
rapidly approaches its conclusion. Ihe doom of
the king is sealed, and the night beforehis execu-
tion has arrived, so the historical portion may be
said to have already terminated, while the course
of events leads the reader to hope that the obstacles
that stood in the way of its heroes and heroines arc
overthrown, and that after all their trials they may
be made happy. " The Voyage of the Fox" forms
the subject of an interesting paper. A sensible
article on " Points of View" discourses on the very
opposite opinions often entertained by good and
able men on the same question of history, politics,
national animosities, &c. There is, undoubtedly,
much troth in its reflections, and few will dispute
the justice of the following passage :—" If each
party could clearly comprehend the view taken by
the other, there would be an end to that spirit of
deadly animosity which is worse than the very
evils out of which it has sprung. Each would see
that its opponents were acting, however wrongly,
with a real belief in the justice of their cause, and
would ce,se to charge them with selfishness and
cruelty, wicked motives and evil designs, and so to
keep alive a flame far more deadly and disastrous