The Sun.
London, England, 1861-01-28 00:00:00

PART E.

TELESCOPES, Opera, Race-course, Field, and
general Out-door Day and Night Perspective Glasses,
very small, for the waistcoat pocket, each containing 12 and
18 lenses, constructed of German glass. Will show distinctly
A person to know him at two-and-a-half and three miles, and
an object from 8 to 10 miles distant. Her Majesty's Coast
Guard are making use of them as day and night glasses in
preference to all others ; they are also preferred for deer-
stalking by sportsmen, gentlemen, and gamekeepers. Tele-
scopes, 3i inches long, by which a person may be clearly seen
and known at 3i miles, and an object at 12 to 14 miles' die
tance ; and with an extra astronomical eye-piece Juoiter's
moons, Saturn's rings, and the double stars arc distinctly
seen ; they are in endless variety, of larger and all sizes, with
increasing powers, and are secured by her Majesty's Royal
letters patent.—Messrs. S. and B. SOLOMONS, Opticians, 39,
Albemarle-street, Piccadilly, opposite the York llotel, W.

TUE CASE OF PATERSON V. BONA-

A letter from Paris dated Friday evening says :
—" I have this moment left the court where the
great case of Paterson v. Bonaparte is going on.
Berryer—the illustrious Berryer, who was called to
the bar just fifty years ago—spoke for four hours
and a half without a moment's interruption. I
speak literally : the court did not rise for refresh-
ment until he had done, at about half-past three
o'clock. I came away with great regret in the
midst of M. Allou's speech for Prince Napoleon in
order to send you these hurried lines by this even-
ing's post.
I must assume that by the publications made in
London you are already familiar with the leading
facts of the case, and in attempting to give a sketch
of the tenor of the arguments used today I shall
touch principally upon those points which prior
statement■ seem to leave in need of explanation.“
may at once say that the question whether Jerome
Bonaparte, when he married Miss Paterson, was 19
or 22, is admitted on both sides to be unimportant.
It is clear that the new law of March, 1803, which
altered the provisions of that of 1792, was known in
the United States at the time of his marriage, that
he was bound by the new law, and was even
affected by express notice of it given him by M.
Pichon, then the French charge d'affaires at Wash-
ington, who did his utmost to prevent the marriage
from taking place. It is equally clear that by this
new law he was a minor so long as he was under
the age of 25, and that his marriage as a French
subject could not regularly be solemnised without
the consent of his surviving parent (Madame Le-
tizia,'Bonaparte), which consent M. Berryer admits
there is no proof that he ever obtained. The new
law also provided that a marriage of a French
subject abroad should be preceded by the pub-
lication of banns in France, and that, it is
admitted, was done in the present case. The
two great questions are-Ist. Whether the mar-•
riage was void, or only voidable; and 2d,
Supposing it to be voidable only, whether the pro-
test against the marriage which Madame Letizia
Bonaparte was made to sign by Napoleon I. was
good in form, as being a reclamation in the sense of
the code, and made in time in accordance with the
provision that it should bo made " within twelve
months" of the time when the parties, whose con-
sent was requisite for a regular marriage, "had
knowledge" of the fact of the marriage having
taken place. lam disposed to think, judging from
the tenor of the commencement of M. Allou's speech
that he himself will not, as a lawyer, lay any great
stress upon the various shameful and self-contra-
dictory devices which Napoleon I. resorted to in
order to have the marriage annulled both civilly
and religiously. The assumption in the defendant's
written pleadings that the matter has been decided
by " sovereign power," may, I already feel per-
suaded, be dismissed, as M. Berryer dismisses it, as
"idle and devisory." The true questions, I repeat,
are-1. Whether the marriage was void ab initio,
and 2. Whether, supposing it to be only voidable,
it was voided in legal form and in proper time. .
The court to-day was as full as it could possibly
hold. Some tickets for reserved places had been
given by the President, but a considerable space
was still left when the doors were opened, for a
rush by young barristers and the general public.
There was no attempt to pack the audience, and
many who had the patience to wait for two or three
hours at the door for admission, met with the
reward which they deserved. The proceedings
were opened by M. Legrand avoue for Mrs.
Elizabeth Paterson, presenting the following con-
clusions :

That it may please the tribunal to declare the marriage
contracted on Dec. 24, 1803, between the late Prince
Jerome and Elizabeth Paterson valid.
And also to take judicial cognisance (donner acte) that
M. Bonaparte, while demanding that the marriage of De-
cember 24, 1803, may be declared valid, has never had any
intention to contest, and does not now contest, the civil
and political effects of the union contracted in 1807 by his
father with the Princess Catherine of Wertemburg.
M. Berryer, in his exordium, said :

The high authority of justice, whose majesty should
everywhere, and always, be respected, is a guarantee that
I will introduce no matter foreign to the cause. The
crowded state of the court is to me a warning that, far from
seeking to gratify vain curiosity, I must confine myself to
the strict discussion of the legal question. I will abridge
as far as possible the statements already before you in my
written memorial—a memorial not published prematurely
or containing statements which can possibly be contested.
(This was in answer to a recent paragraph in the Moniteur.)
My client, Madame Paterson. the divorced wife and now
the widow of the late Prince Jerome Napoleon, has waited
nearly sixty years for this day, and now, faithful to the
conduct from which she has never swerved, she crosses the
Atlantic at the age of 75, and is hero before you to ask the
justice of a French court. In recapitulating the facts of
the case, as stated in the memorial, M. Berryer dwelt at
great length upon the recognition of M. Bonaparte by all
the imperial family during a long series of years as their
relation, arguing from this fact that notoriety, in accord-
ance with the register of his baptism was, in the terms
of the code, indisputable evidence of his status, as a
legitimate child. Ho exposed the flagrant contradic-
tion of the imperial proceedings in pretending to judge
by a " family council"—a speoial tribunal, which con-
fessedly had no jurisdiction, except over members of the
imperial family—that M. Bonaparte was no member of
it. Ho laboured at great length to show that the marriage
in question, although objected to at the time by the French
charge d'Affaires, was not " clandestine," or made " in
fraud of the French law ;" that it was only voidable for
want of proper publications and the maternal consent ; that
no legal step was ever taken to set the marriage aside, and
that the first Napoleon's desperate attempts to treat the
marriage as void—his repeated decrees, containing implied
admissions that all his former acts against the marriage
had been efficacious—his correspondence with the Popo,
who refused to annul the marriage--and his rejection of
the legal opinion of the Arch-Chancellor Cambaceres,
whose advice he asked : all showed the knowledge of
Napoleon I. that nothing but ajudicial decision—which it
was now too late to ask for—could set the marriage aside.
He concluded by expressing his belief that the judgment
of the court would confirm him in that respect for the
bench which he had cherished through a long life.
M. Allou—a fluent and very good speaker, and
a first-rate advocate, although comparatively little H
known—opened the case for Prince Napoleon• e
was bold enough to say that the eloquent advocate
opposed to him had very little hopes of winning
his cause. The case was overlaid with romance,
which, from the lapse of time, it was difficult to
refute. While speaking most respectfully of Miss
Paterson and her family, he could not help saying
the Acts of the case bore out the statement to be

(/

PRICE 4D. STAMPED, SD,

PARIS, 1860.

ENV S 17. AP E R
cZ;
jaffiffreli-ILIVEPRTIIPETTR"./. OF
"1 r'
On Saturday the annual meeting of the proprie-
tors of Drury-lane Theatre was held in the saloon
for the transaction of the usual business. Benjamin
Bond Cabbell, Esq., in the chair.
Mr. FLADGATE, the secretary, read the report of
the committee, which stated that the receipts of
the year, including the balance of £293 13s. Bd., on
the 31st Dec:, 1859, and the sum of £4,500 paid by
the lessee in respect of rent, amounted to £5,227
18s. 9d. The payments amount to £4,839 4s. 11d.,
leaving a cash balance at the bankers of £3BB 13s.
10d. The payments comprise the sum of £1,990
15s. Bd., for six quarters' rent, paid to the Duke of
Bedford, and a sum of £1,050 paid to the trustees
of the new renters.
The architect's report was also read, and was of
a satisfactory nature.
The reports having been received and adopted,
the retiring members of the committee were re-
elected.
The sub-committee were elected, and thanks
were passed to the auditors for their services.
Mr. ARDEN said he had no doubt that the pro-
prietors would excuse him for prolonging their
business fora few moments while he paid a debt of
thanks and gratitude to Mr. Smith, the lessee, for
the way in which he had carried on the manage-
ment of the theatre during the past year. Mr.
Smith had, to the best of his ability, sustained the
theatre, and with so many and numerous irons he
had in the fire he was almost surprised that some of
them did not burn him, but he trusted the last of
them that might do so would be Drury-lane Theatre.
He moved that the thanks of the meeting be given
to Mr. Smith, the lessee.
Lord W. LENNOX seconded the motion, stating
that Mr. Smith had raised the character of the
theatre by putting plays on the stage in a manner
worthy of a great concern like Drury-lane Theatre,
and in pullet.. Hy paying his rent Mr. Smith had.
set an example which had never been set before.
The motion was then unanimously agreed to.
SlifITH, the lessee, thanked Mr. Arden
for Mt
the T.
in aywhich he had ;pig:posed_ the -vote of
thanks to him, and the proprietors for having
agreed to it, and said that as it would be his study
to discharge every obligation to the committee and
the proprietors, he hoped to receive their confidence.
He thanked the committee for the very favourable
state the theatre was in at the present time, and
for the courtesy they had at all times shown hint
when he was Unable to carry out all he could have
wished in consequence of the weather, and the state
of business not being what they had a right to ex-
pect at the present moment, For eight years he
had discharged every obligation, and with respect
to fresh talent, it was very difficult to find parties
who were disengaged to take the position on the
stage which was necessary; He had had Mr. Chas.
Mathews, and had now engaged Mr. C. Kean. Mr.
and Mrs. C. Mathews would shortly appear in a
new piece, and Mr. G. Brooke would also appear on
his return from Australia. He was besides ready to
engage any other talent that might come in the way
and offer the largest amount for it, both for the in-
terest of the theatre and amusement of the public.
Lord TENTERDEN moved that the best thanks of
the meeting be given to the chairman for the able
manner in which he had conducted their proceed-
ings, which was seconded by Mr. Arden, and car-
ried unanimously.
The CHAIRMAN acknowledged the compliment,
and the meeting was dissolved.

LA TOLOGNE E 2 SON DROIT, PAR J. VILBORT,

Paris is at this moment deluged with pamphlets. The
liberty of the Press, deprived of its ordinary vent, takes
refuge in other channels, and seems to breathe more freely
in foreign than in domestic questions. The pamphlet be-
fore us proceeds from the able pen of Mr. J. Vilbort, one of
the editors of l' Opinion Nationale, and is alike creditable to
his heart and to his understanding. The story of the three
partitions of Poland is, however, a thrice-told tale, and
needs no eloquence to preserve, revive, or confirm the in •
delible impressions which it has left on the public morals of
Europe. Might had more than once trampled upon right
before the partition of Poland ; but in no previous instance
had usurpation been perpetrated in so cynical, and withal
so hypocritical a form. The fable of the Wolf and the
Lamb is the history of Poland; and the original precedent
of that reckless career of ambition, which has ever since
that precedent been continually tampering with territorial
limits at so vast an expense of blood and treasure. The
most eminent statesmen of every country, with Burke and
Fox at their head, Tories, Whigs, and Radicals, have all
denounced the crime and foretold its consequences—con-
sequences which are still far from being exhausted. A new
treatise upon such a subject looks much like a lecture on
the sound of every letter of the alphabet before an audience
better able to read and writs than even Monsieur Jourdain,
and more conscious than he was that they were making
prose all their lives. Nevertheless, in the midst of the
hurry, excitement, and confusion of so many conflicting
interests peculiar to our times, the repetition of elementary
truths is not, perhaps, a waste of time, and on this ground
the tract of Mr. Vilbort is not unworthy of notice. But
the fact is that the rights of Poland have passed the stage
of discussion; and the question is not whether her
restoration would be an act of justice, but whether
it is practicable, and by what means it is to be brought
about. The aspect of things is not at present encouraging,
and although in the long run principles will prevail over
facts, one cannot be blind to the fact that "yes Bros battail-
lons are at this moment on the side of autocracy. The eons
of liberty, however, resemble the Spanish guerillas in this
respect, that though they may be vanquished when they
imprudently venture on a pitched battle, they yet seo the
strongest armies melt before their desultory tactics. It is
from some moral combination of this sort we look to the
future restitution of the rights of Poland,—not but what in
the present confused and anomalous state of the Continent a
Polish question may be started to-morrow, along with twenty
one and a half other questions, which one government may
start against another; or one or more people start against
their own government. We see despotism or anarchy in
some of the fairest regions of the world, liberty scarcely
anywhere abroad, and cannot forget that liberty was the
vital air of Poland. We should regret for the Poles, if at
this, or at any future time they placed their faith and hope
in foreign assistance. Eighty years of cruel experience
ought to teach them a lesson upon that point. National
independence and freedom to be safe must come from within,
and diplomacy may be resorted to, only to cheer their popu-
lar efforts, 'and to confirm vindicated rights. Europe is
more interested in the restoration of Poland than is com-
monly imagined. That colossal monster called the Russian
Empire is twelve times larger than France. It rules over
2,142,504 square miles in Europe, and leaves only 1,687,625
square miles to the rest of the European world. Its popu-
lation is 70 millions, and exceeds that of Germany added
to France. Russia could easily feed as large a population
as that of China, and in less than half a century she
will hold one hundred millions. But the Russians
are more hardy and warlike than the Chinese, and as
roving and predatory in their habits as their ancestors, or
allies, the Tartars. Add to all this that Russia is ruled by
an autocrat, both in the State and in the Church. the
natural chief of the Sclavonic race—a race of 100 millions
—from the Frozen Sea to the shores of the Adriatic. After
the successive failures of Charlemagne, Louis XI V., and
Napoleon 1., the idea of one universal monarchy is looked
upon as the chimera of madmen. But the rail and the
electric telegraph have nearly annihilated distance. Peters-
burg might now govern Constantinople, or Constantinople
govern Petersburg, as easily as London governs Dublin !,r.
Edinburgh. Either this will come to pass, or Polando.w'aisi
be restored. We venture upon this predietriornevin t
'deuce
actually
yievat
prophets of the future, which is the secret
retoPtlnecillemnellseceserP:oe western
Europe
alone, but as attentive observers of chaetauseseOefi:ecstuabe
work under our eyes. The Russians
and western nations
e
in it as in their inevitable destinesy,erne
t statesmen without
are not without misgivings, n_orre:tonstion of Poland seems
anxiety on this subject. e
which could effectually check the
to be the only measure f Kneels, and the expansion of
nt, and they who are not aware
dangerous
eemropusirep
could find in
what an inestimable re
Poland, are, in our humble opinion, superficial politicians.
When WO speakof the restoration of Poland, we are not
doing 00 in the spirit of antiquarian geography. Conces-
sions of vital importance to her must be made to Prussia on
the Vistula, to Austria on some parts of her frontiers, nay,
even to Russia in the north. What we maintain is that
the vast bulk of the Russian empire must bo broken towards
the south and the west, and an independent State erected out
of the fragments, having for its nucleus a consider-
able part of ancient Poland. The independence of
the west is to be found only in some such
scheme. But we should be shallow and supercilious
politicians, and bely that policy of peace which is the spirit
of this journal, if we undertook to preach, in the present
state of Europe, a new crusade against Russia, a crusade
to which no act of aggression on the part of Russia is in any
way inviting the world. The policy of the reigning Czar
seems, indeed, more fit to inspire the confidence than to
arouse the jealousy of Christendom; and according to
every probability, the question which we aro hypothetically
discussing here is reserved for a distant epoch. It would
scarcely be fair to attack Russia, not for what she is doing,
but for what she might at some future indefinite time feel
inclined to attempt; nor would it be good taste to heap
curses upon her by anticipation, for "curses," says an
Asiatic proverb, " are like chickens, they return home to
roost." What we would impress on the mind of Europe
is, neither to despise nor to forget the importance of Po•
land, nor turn a deaf ear and a cold shoulder, when she
implores the moral support of the West in behalf of stipu-
lations to which the West is a party, bound in honour and
in good policy to support, advocate, and justify.

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