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

Commence at 7.

has made their most respected and able
leader, the Plenipotentiary of a commercial treaty

with France.
But appearances must be kept. The Prevention
Act expires this year. Gloucester and Wake-
field have made their revelations, and the friends
of the Ballot are tolerably awake, with the argu-
ment from facts stronger in their favour
every year. But how keep up appearances after
the Reports of the two Commissions ? The
Gloucester one is fully before us. We see
the leading Innocents acquitted in one case,
we are expressly told, because though the facts
were against the candidate, his word must be ac-
cepted against all conclusions to which facts
pointed! It was clearly proved that an election
which a House of Commons committee had reported
to be a pure one, was one doubly steeped in cor-
ruption. And that, besides a host of humbler
men bribed, between eighty and ninety of another
class had been bribers ! That persons took bribes
who could not plead poverty, and that two hun-
dred others were bribed as messengers! Wakefield,
of course, will hardly yield the palm to Gloucester.
The utter failure of the present Act and the glar-
ing necessity of doing something in the boroughs
is therefore confessed.

Cleverly then steps in Mr. ROEBUCK. He,
lawyer-like, takes the firm ground of dealing with
proved facts. Here are two boroughs which can-
not be made worse, Let us try the remedy of the
Radicals on them. Persist in this, Mr. ROEBUCK.
Let nothing bribe you to give way. You have
them on the hip. Their sham act confessedly
did no good at these two places ; do not let
them try any other act, then, without the
ballot. Press your proposal ; it cannot be re-
sisted. They have not such a majority as Will
permit them to dispense with your aid. Arrange
with Mr. HADFIELD, Mr. LINDSAY, Mr. WYLD,
Mr. HORSMAN, and several other good men and
true, and tell the Government, " We shall ask the
Ballot for many more constituencies, but if you do
not pledge yourselves to IDestow it on Gloucester
and Wakefield, we will put you in a minority as
often as we can. Our demand is so moderate that
we will not give oar confidence to men who can

Grand Morning Performances of the Pantomime on Satur,
Feb. 4 and Saturday, Feb.ll, at Two o'clock each day.

CANTERBURY HALL CONCERTS.-
EVERY EVENING. Sterndale Bennett's MAY

QUEEN.
And a Grand Selection from Meyerbeer's new opera of
DINORAH.

Comic Vocalists —Messrs. George Holson (the Irish Come-
dian and Mimic), W. T. Critchaeld, and E. W. Mackney.
Several interesting Pictures are added to the Fine Arts
Gallery. The suite of Halls have been re-decorated and
beautified, and constitute one of the most unique and brilliant
sights of the metropolis.
ROSA BONITEUR'S celebrated PICTURE of the HORSE
FAIR is now added to the already magnificent Collection of
Paintings in the. Canterbury Hall Fine Arts Gallery. The
gallery is ope.i from 5 till 11 on Sunday Evening.

refuse it."
We believe, however, as we intimated at the be-
ginning, that it is the terror of the Ballot which is
compelling all parties to assent to strong proposals
of a penal kind in regard to bribery. We should
not be surprised if even Mr. ROEBUCK be met with
the reply—try what imprisonment with hard labour
and efficient election auditors will do against
bribery. The thought of two boroughs placed, in
the Reformatory School of the Ballot will terrify
all the members who sit by bribery and intimidation,
more than any legal process for sending them to
the treadmill for a crime of which they can rarely
be convicted. If but two of the worst places
in the kingdom should be surrendered to secret
voting, the dread will be that others must follow.
The opponents of the Ballot are so sure a trial of it
will succeed that they will not, if they can help it,
tolerate even the proposed trial. All boroughs
would soon demand it. Municipal elections would
be conducted by it. And, most dreadful of all—
the counties would follow, and the degrad-
ing reign of landlord terrorism be at an
end for ever. If any party, indeed, had a right to
complain it would be the friends of the Ballot. It
is they who make the sacrifice in offering to accept
a trial in such places. If the Ballot will, electorally,
deodorise Gloucester and Wakefield it will purify
anything, while even to Vail in two such places
• would be little of an argument against it.

The arguments delivered yesterday from all sides
of the House against Mr. M‘MAlioN's motion for
the second reading of the bill designed, to give a ,
right of appeal in criminal cases, were overwhelm-
ing. As an inevitable result, the motion, though
seconded by Mr. EWART, was negatived, and the
bill summarily dismissed from the further conside-
ration of Parliament. Upon the old ha3kneyed
principle, De mortuis, LS.c., one might naturally feel
dikposed, without one word more, to pass
by the still-born enactment. But the blun-
der of its introduction was altogether
so egregious that it appears to us almost to demand
a few passing sentences of retrospective reprehen-
sion. What, in effect, would have been among the
more lamentable, and almost we might say abso-
lutely unavoidable, ill-consequences of the measure,
supposing it to have been accepted and passed into
law by the Imperial Legislature ? It would, in the
first place, as the Home Secretary himself took oc-
casion very forcibly to remark yesterday in the
course of his really admirable speech—it would, to
begin with, have abruptly transformed the whole
character and operation of the criminal law of this
country, and in so doing must have militated against
the interests, must have actually opirated against
the safety of life and property ! It would, as the
hon. and learned gentlemen the member for Mary-
lebone insisted, prove, in a great measure, imprac-
ticable in its operation, and, wherever it might be
be applied, eminently dangerous in its tendencies.
It would, as another hon. and learned member
maintained, hold out additional inducements to per-
jury, and lead almost by necessity to many more
fictitious defences being trumped up by those who
eonld afford to apply for a new trial in the Court
of Queen's Bench. It would, as Mr. HENLEY
forcefully put the case, diminish very seriously the
responsibility now attaching to the finding of
juries in criminal eases. Besides which, the Bill

THE WEATHER.—SUN OFFICT., FEB. 2, 1860.
THERMOMETER, IN THE SHADE.
41-.-highest since noon yesterday.
35—lowest this morning and during tha night.
38—this day at noon.

BAROMETER-29.98.
WIND, North-Westerly ; fresh, with bitter cold wind
and frost, but fair.

HIGII WATER AT LONDON BRIDGE.
Tata DAY.—Morning, 7h. 26m.—Afternoon, 7b. 53m.
To-MORROW.-Morning, Bh. 22m.—Afternoon, Bh. 54m

itself was based upon a purely imaginary analogy,
an analogy which the new Solicitor-General (Mr.
ATHERTON) pronounced as plainly as words could
pronounce anything, to be literally undiscovez able
and non-existent—the supposed analogy between
a civil action and a criminal prosecution. Beyond
all, far above all which the proposed enactment
would according to the showing of Mr. PHILLIPS,
tend practically to deprive the Secretary of State
for the Home Department of that most merciful
and benignant prerogative of revising the criminal
decisions, which that high and responsible Minis-
ter of State has hitherto possessed. The Bill, in
fact, would have gone the flagrant length of dim-
ming, if not displacing, the brightest and most
precious jewel of the Crown—the prerogative of
mercy solemnly confided to the Sovereign of these
realms upon the day of coronation.
It cannot be any wonder, therefore, after enume-
rating such objections to the bill as we have here
already in these few sentences particularized, it
cannot surely for one instant be any matter for
astonishment to find that Mr. M‘MalioN's motion
was rejected, and the bill forthwith thrown out of
Parliament. If any additional argument were
required, however, to demonstrate beyond the
possibility of further misapprehension the

ill-advised measure of the measure thus thrust
upon the attention of the Legislature, it would be
Found summed up in one sweepingly condemnatory
reminiscence, thus expressed in the remarks of the
Home Secretary :—.‘ In 1848 a committee of the
Rouse of Lords was appointed to consider the Cri-
minal Law Adnainistration Amendment Bill, and
Baron Parke, now Lord Wensleydale, and Baron
Alderson, were examined before it on the
very question to which this bill referred. Lot d
Lyndhurst, Lord Brougham, and Lord Denman

(then Chief Justice of the Queen's Bench) were
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,
witL 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 DENMAN
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. WILL-tors, Lord Chief Baron
PoLLocK, 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

N E W S.

t i

The following telegrams have been received at
Mr. Reuter'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 Moore.

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 eyent of Savoy being annexed
to France, Chablais, Faucigny, and the Genovese
district should be ceded to Switzerland, has been
officially denied.

THE BRAZIL MAIL.
LISBON, lAN. 31.

The Royal Mail Steainpacket 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 WI 30th January.
The China arrived at Malta on the Ist February,
at 8 a.m., and was to sail for Alexandria at noon.

TS.

THE SUN, LONDON, THURSDAY EVENING, FEBRUARY 2, MO.

Blackwood's .211agazinc.
The second instalment of "Norman Sinclair"
is very well worthy of perusal ; and among the
anecdotes introduced, particular attention may be
called to the" 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 resolution, tkat 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 sense 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 the
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 :
Bat 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, ho 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 he 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 'eight have brought in vogue 1
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 neeits 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 age,
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, anneal'd, the eternal intellect.
The readers of Maya 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
uppn the mind. This applies, however, more to the
earlier portion than to these last instalments, which,
in vigour and variety„bid fair to form a spirited con-
clusion. The article qn " 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 maintain the dignity and honour of
their 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, addi:esses 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 Down 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 ,forins 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 term. The wise and good man will often,
he tells us, have to come down, but never to give.
up :
" And splendid success has often come at length to the
man who fought on through failure, hoping against hope.
Mr. Disraeli might well have 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 when you 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 been the vapouring of a con-
ceited fool. Galileo, compelled to appear to come down, did
not hive up : " still it moves." 'I ho great nonconformist
preacher, Robert Hall, fairlybroke down inhis first attempt
to preach : but he 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 tip, when his railway and his locomotive
were laughed out of tie 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 successful periodical
writers, have been. consigned to the Balaarn-box. Possibly
this was in some 'Measure the cause of their success. It
taught them to take more paimi. 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-
. ciplino. I haVe known students at college whose success in
carrying off honours was unexampled, who ix their first one
or two competitions
:were ignominiously beaten. Some
would have given up. They only came down : then they
went at their work with a will ; and never were beaten
more."

Leaving this interesting essay, we come to a paper
on the " Battle-fields of 1839," 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
editor somewhat severely for his share in the
transaction. "llohnby House" is continued, and
rapidly approaches its conclusion. The doom of
the king is sealed, and the night before his 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 theobstacles
that stood iu the way of its heroes and heroines are
overthrown, and that after all their trials they may
be made happy. " The Voyage of the For" 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 truth in its retioctioßs, 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 opponent.) were acting, however wrongly, j
with a real belief in the ustiec 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