The Express. — London, England, 1863-12-21 00:00:00

ache erpreso, TO 00111USPONDTX11. alvertisemente MC/OdelW "iliearo;" London Evening Paper, must be at the aloe, 10, Bouverteetreet, by Two o'clock oo the day of publication. SPBCIAL NOTICK—THE BOOKS oh' THE. NORTH BRITISH awl MERCANTILE INSURANCE COMPAN V. For the year 1881, close on Slot December. Life Policies effected on or before that date will cods for an Sulditiosal year's bonus in compel-hen to later entrants. Vthe Four Tears preceding last division of ita ;laic the Company issued 1,596 Life fonds:a, awanng DoZ,althe Four succeeding Years the number of Life issued amounted to 3,106, and the sums sianfred to E,?,211,521: Being an Increase of Et per cent. The SIXTH SEPTENNIAL DIVISION of the Company's Profits will take place on list Decernbcr, Ina The whole Profits which hare accumelated Ante Slat Decem ber, U5B, will then be divided. and ninety per cent. allocated a=teea i naired on the participating amts. of Indisputability granted, andevery facility offered banters. --...... FIRE DKPARTIIENT. Insurances grantedb;tl;at ;Mn and abroad m the moat Ulm rat terms . . . . . . Form. f proposal and every information will be given at the Head-otßee, or any of the Company's agents. By order. Y. W. LANCE, Secretary. London, November, Inn BEAD ()MC= an, Threadneedle-street. 4, New Bank buildings, Military. Want end Mee lidabuish 64, Prineenstreat, Loudon ALFRED WEBB MILES, xftrybatly Mr. mruts,___ avovzo FroWriGlii-Trtet," to 73. BBOOE ' ATEEET, Nsnoverequare, la MM. The 16s. TROUSEJM4 "Visaed by We In all the New Patterns foe Winter, " better than ever." SPECIAL NOTICE TO GENTLEMEN. A. W. MILES begs most respectfully to announce that his stock in the rufous departments of Ma establishment Is now replete foe Overcoats. Vesting', Bedford Cords, and scarlet waterproof cloth for hunting,. The wool-dyed Black and Blue Frock Coats, 50s A choice of 50 pieces of Indestructible wooded West of England Cloths. ESTABLISHED 1841. Only addrer. HOW COLD IT HAS BEEN.-NEGBETTI and ZAMBRA'a celebrated THISMOKICTIne will cor rectly register the lowest temperature. ?MCI 3a. dd. —l, Hatton- Mt 69 , Cornhtli 155, Floehatreet ; and &agent-street. wanted. HAYSIARKEr. This Evrtnia, A GAME OP SPECULATION. Maim Ferree, Braid, Roger,, Clerk, sod C. Mathews: Mn. L Fits erUltam.—TßE GOLDEN FLEECY. Mr. C. Methews.—COOL AS A CUCUMBER. Mr. C. Mathews.—And LIME DAIRY. LYCSUIL 071 SATCIDAT Erma°, iiiiiTAkTP CHILD. Mr. Widdleorab an i !Mu P. Leclarcq —BIL DE 40E10. a Lova Story. Mn.os Triehtet. Brougham , Charles, and Jordan; Woes Tarry, Laminae, and , and Mn. Loa. BETTANN lA. i!m t~uo. THE G REAT GHOST itrrscr.—TAL CORPORAL'S DA 'MITER. -Tom King, Arthur and Bertrand, Rime. Mon, and The FA ry Fountaln.—THE BRITANNIA 711:8TIVAL —Mettle. C. Stephan. - And tHE GORILLA RUNT. HIGH WATAIt AT LONDON BRIM, MI DOT Morales. .Afloosoos. Ilk. 3010 lo4lollAoW_Lardy, Oh. Oa.— Abotasoo. OIL 7a LONDON, MONDAY, DECEMBER 21. . Sta James WILD; the aueeessor of Sir CEEIIB - Caasswem., who seems likely to rival the reputation of that lamented judge, has been en gaged for the last two or three days in investigating the . . . circumstances connected with the case of Firzcz- RAID V. FITZGERALD. It appears that a certain Major Frrsoseoin, a man of good family, who was for merly in the Life Guards, succeeded in marrying Miss Berriewosra, a lady of considerable fortune. It was not long before an incompatibility of tem perament between the husband and wife was deve loped. Major FITZGERALD had an official position in the Commander-in-Chief's office in Ireland, and was naturally brought into contact with many other distinguished persons in society. Amongst other friends of Major Frrzususui there were Cap tain and Mrs. Mauer. They also occupied an offi cial position at Dublin. The Major and his wife called upon Mr. and Mrs. Mauer. The call was re turned ; and, as the world goes, they became mutual friends, or rather acquaintances. Mrs. Frrzomorm seems to have bad the ordinary ambition of social distinction, and though she was willing to endure a good deal for the sake of good society, ,be was even in this effort consumed by a corroding felousy of every woman who was more distin guished than herself hi Tank ) Pr more attractive than herself in manners. At length Captain Noun, by reason of the change of Ministry, lost his position in Ireland, and obtained another in London. Major FITZGERALD continued his inter course with his former friends, and whenever he came to London visited them. The Majormith his wife's money, purchased a place somewhere near Cirencester, and became a country squire. Ac cording to his wife, his conduct was not only indif ferent but grossly unmanly ; and, on the same evi dence, he carried on an improper intimacy with the wife of the gentleman who was formerly his Mend. It is well known that cruelty and adultery entitle a wife to demand a decree of divorce ; and Mrs. FITZGERALD, considering that both these charges could be proved against her husband, instituted a suit for the purpose before Sir Ceesswer.r. Cans- WELL, which was ultimately tried by Sir Jones WILDE. It is not our purpose to WI through the details of the case, which has occupied several days. The charges of Mrs. FITZGEZALD have proved so frivolous that they have been over ruled by the jury even before the case ran its ordinary course. But the position of the married lady who has been dragged before the public is so cruel that some allusion to it may be excusable. Consider the facts. Here was Mrs. Maurer, a lady married for ten years, certainly of the moat attractive manners—es every one must admit who witnessed the trial—but still of the most unim peachable character, accused of infidelity by Mrs. FITZGERALD. Mr. Momer appeared as a witness in court, and declared that he scorned the impu tation. The sincerity of hie conviction was proved not only by the manner in which he gave his tes timony, but by the fact that during his wife's examination be remained in court, and conducted his wife from the witness-box after she had answered every question that was put to her. Throughout the whole trial there was not one single fact proved against the chastity of this lady. Indeed, the only suspicious fact which Mrs. Firoozastn attempted to prove was that her hus band had been on terms of intimate friendship with this Lady, and that at • time of great pecu niary distress this scion of a noble Irish house had borrowed of his friend's wife • few pounds, which, even after remonstrance, he found it diffi cult, if not impossible, to repay. It is true that one servant of Mr. Moue; who had married a French man, deposed to acts of most atrocious depravity; but, though living at Paris and in good health, this woman refused to come over to London even for a few days in order to give her evidence in oonrt, and stand the test of cross-examination in the witness box. No single witness summoned before Sir JAMS WILDE deposed to a single act of impropriety by this married lady, whose character was so greedy traduced. It is true, indeed, that Major Prim- GERALD bad written a number of rhapsodical let ters, in which he confessed himself guilty of infi delity, and implored the forgiveness of his wife. It is, perhaps, not unnatural that his wife should eon rider this as conclusive evidence, not only against him, but against the woman whom be accused. But no man of the world will admit for a moment that such is the legitimate conclusion. Even if Major FITZGERALD had succeeded in destroying the 40inestio happiness of Mr. Mouse, none but the most degraded coward would have condescended to betray the secret of his guilt to say human being. On the other hand, had he failed in his damnable design, there are few human creatures so lost to all THE ,EXPRESS, MONDAY EVENING, DECEMBER 21, 1863. sense of honour as falsely to Amine an - bibeioent woman. It is impossible, thereftes, to piece the slightest reliance upon the letten of A ma whose conduct is so utterly inconsistent with tip accepted code of honour. It is true that Mrs. MALLET has been triumph antly acquitted of the gross charges which have been made against her. It is true that the jury almost rose in insurrection against Mrs. Far- GERALD'S counsel, and insisted upon refusing to hoar him or even the summing up of the judge. But the position of Mr. MALLET and his wife was unutterably painfuL It Mrs. MALLET had been a man she would have had some one to represent her. According to the present practice of the court the co-respondent, provided he is a man, is entitled to be represented. But if the co-respondent be a lady even though living with her husband and the mother of six or seven children—she can no longer pleadher cause. In this case, at least, men forget their chivalry, or rather their sense of justice, and women in the Di vorce Court are denied the very privilege allowed to every prisoner at the Old Bailey. Upon what prin ciple can it be contended that the reputation of any woman—married or single—is to be at the I mercy of a feminine rival or of an unprincipled in triguer? The interest of the husband, spinet whom the I divorce is sought, may be the very opposite of that of the woman who is involved in the scandal, and yet these diametrically opposite interests are com mitted to the same counseL What mattered it in this case to Major Fruorssan whether the do mestic happiness of Mr. Maxim was ruined for ever? What mattered it to Captain MALLET whether Major FITZGERALD had treated his wife in • manner which amounted to cruelty? The object of the one was to prevent his wife succeeding in her suit for divorce ; the object of the other was to answer the foul charges which had been made against himself and his wife. Captain FITZGERALD, ID his abject cowardice and remorse, had denounced some woman or other in his letters as "a creature," " a cursed fiend from " the lowest depth of hell," and a " fearful hor " rible 'demon," and this description was so vague that in the excited state of Mrs. Frrzornsi.D's imagination it was applied to Mrs. Msm.nr. Is it possible to conceive any thing more monstrous than that the counsel who represented the infatuated Irishman should be the only counsel who could represent the lady who was supposed to be re ferred to by such epithets? And yet such is the law. A change is impera tively required. If the co-respondent happens to be a man, he is entitled to be represented by some one who can plead his case. If the co-respondent is a woman the same rule ought to prevail. The moral reputation of a man is of some value— the moral reputation of a woman is of a much higher value. It seems possible that a jealous woman may assail the character of an honourable married woman, and that an extravagant Irishman may write rhapsodies which compromise a lady's reputation. The present law which denies a woman the right of appearing by counsel is founded upon the principle that no man would sacrifice the repu tation of a woman unless under the most pressing necessity. In the case of Major Frunze...Li) this principle has been ignored, and henceforth women, both married and single—for their own sake, and for the sake of their husbands—ought to have the power of protecting themselves. OE Court. OSBORNE Dec. 19. The Queen, Princess Helens, Priccesa 1.61111145, Primo Leopold, PAINIMIS Beatrice, and Pnoceas Holieslobe, arrived at Osborne from Windsor yesterday &Nemo* at 3 o'clock. Dec. 20. Priam Alfred wad his Grand Da& Highness Prince 'William of Hesse, attended by Major Ong and Captain von &Dam, arrived si Osborne yesterday. Loed Stanley of didsrley also arrived, and had an audience of her liajorty. Dbrias asr;ic• was performed at Osborne this morning by tb. Bsv. G. Nadia*. Her Maisetr, Prises Alfred, Prisons Helene, Princes, Loniee, Prise* Leopold, sal Priseeirdliani of Hew, wets present Visioned and Viscountess Palleurstas left town on Satur day far Broadlands, Hants. Despatches were received as Saturday at the OolesiaL odic* from the Governors of the Australian oolosaies. Hong Kam Ceylon, Latium, the Lord High Commissioner of the lonian Islands, sad from the Governors of Gibraltar and Malts. Despatches were seat to the Governors at the Mau ritius, Canada, and the Bahamas. THE PRINCE AND PRINCESS OP WALES. His Royal Ifighates the Prince of Wales, at tested by Lieutenant-Colonel Koppel, west to Bushey Park by the Booth-Western Railway, yid Ratchet and Twicken ham, on Saturday, and shot among the preserves, which ars well stocked with pheasants, hum, and ether gum Yesterday mantas prayers were read at Frogmen Rouse by the Very Rev. the Dean of Windsor. Their Ro►al Highnesses the Prince and Princess of Wales and their attendsate ww present. In the afternoon, at bait peat 4 o'clock, their royal highnesses attended divine monks at the Chapel Royal of St. Gomm. The prime and princess occupied seats in the stalls of the choir. The chapel was Ailed by a lidgs oongregatkia. Their Royal Highnesses the Prince sad Prisms of Wales ars expected to leave Froginore to-ssorrow for Oabcwno, whine they will sinned their Christmas, on a visit to the Queen. TH E Mils ierrnr.-Binoe tbs Cabinet Council held in the :Waled the week a masher d the aikidos haws taken their departure from town, and are not erposted to return to London until after the Christiana nem Lord Pelmenton left Osashridge-hessi, Piccadilly, yesterday, is OWE psay with Lady Pahl:mks. for his seat, Brcedleads Hants. The Duk e of Newcombe, who As preset at the lest council, ham Awe proceeded to Bright... The Lard Cbsecellor ransios in town. Sir Georg* Grey, who was Asset from the Cabinet meeting, is Aeries se his seat, Pal- Won, Northomberiand.—Observer. His Royal Highness the Duke of Cambridge, his Royal Highness the Duo de Chartres, and a *sleet party, bed a day's alsootisg in Bushey Park, near Hampton, ea Batarday. The Priam of Wales also joined the party. Their Royal Highnesses the Duchess of Catn bridge wad the Prises= Mary will pau the Chriansu at Ciambrktge Cottage, Kew. After Christmas their royal highnesses a:11 go ors a tour of visits. The Earl and Countess of Clarendon have re tuned to The Oren, Watford, from visiting Mr. Russell, M.P., sad lady Elizabeth Russell. at Woburn Abbey. His Excellency the Earl of Carlieleand suite have hiss Maytag en a visit to Moore Abbey, Monasterevan, the seat of the Marquis of Drogheda, and will raters to the vier regal lodge to-day. The eldest eon of the newly-appointed judge (Serjeent (thee), who bee been parening hie Mediae at the Romeo catholic institutioe, St. Cleseent'a, Oxford, under the inetraction of the 1t... F. Cambia:oA. will, it iv rumoured, in the early pert of the fcrthoensing year, eater se Christ Char* in that Usiversity. The munificent bequest of the late Mr. Drummond --MOO= iinj to 20,000f.—t0 founds mimed at Dublin for , the ednostion of Andres the orphan daughten of /041/111, has been meanly established for lb. object in. headed by the testator. Not only ban the emeaust of the bequest bees paid into the Court el °hammy by the executors, but a 'charm for the fain» seamsge. meat of the charity ban been approved by the Mader is Mammy, printed, sod eirculated. The school will be ma seged, as nearly as possible, on the plan ef the Royal Men des Military School for soldiers' soar, lAIUST INTELLIGENCE. (NOTZWII ELLIKMAIIIL) LATEST AMERICAN NEWS. PRESIDENT DAVIS'S MESSAGE (Per City of Now York.) NEW YORK, Dar. 11, Emus°. President Davis's Message to Coogresa is said to be desponding in tone. He declares that European nations have assumed a positively unfriendly character towards the South, and that England has shown a marked partiality to the Federal.% Gold, 601. Stocks steady. THE OUTWARD CALCUTTA AND CHINA MAILS. MARSEILLE% Die. 21. The Meassgerieslee steamer Moerie, with the above mails, left this port on the 19th inst. She takes out 63 passengers, 484 packages, and specie value 100,8991. for India and China ; also 63 passengers, 996 packages, and specie value 102,4201. for Alexandria. THE BOMBAY MAIL. MARSEILLES, Die. 21. The Euxine, with the above mail, reached Mar seilles at 9 a.m. this day. The mail leaves for London by the IL3O a.m. train. DENMARK. THE PRUSSIAN SUMMONS TO QUIT HOLSTEIN. The Prussian liLmito‘r publishes the following document, which Las been forwarded to M. Hall, President of the Council of Ministers at Copen hagen : The undersigned, Prr-ident of the Council of Ministers of Prussia and Mio'rer of Foreign Affairs, M. de Bismark. Schtenhausen, has the honour to inform his Excellency the President of the Council of Ministers of Denmark and Minister of Foreign Affairs, M. de Hall, that the august Federal Diet, in pursuance of its ri —ilution of the let of October last, adopted on the 7th inst. the followiog resolu tion :-1. To address immediately to the governments of Austria, of Prussia, of Saxony, and of Hanover, the io•ita lion foreshadowed in No. 4 of the resolution of the Ist of October, to put into immediate execution the measures decided upon. 2. To acquaint the said governments of this decision through their representatives, and to instruct them to make the necessary communications to the Royal Danish government, as well as to execute them measures, conformably to the military arrangemeota which have been since screed upon. Consequently the administra tion of the duchies of Holstein and of Lauenburg is about to be taken ie hand by the civil commissioners of the Germanic Confederation, who will be accompanied by the necessary federal troops. To this communication the undersigned must at the same time join the invitation withdraw from the German Federal territory all the royal Danish troops which are in the Duchies of Holstein and Lauenburg, and to express an expectation that that may be done within the seven days which follow the receipt of the first communication. The undersigned avails himself of this opportunity W express to your Excellency the assurance of his distinguished consideration. Berlin, 12 Dec., 1863. (Signed) Da &MOAK. AMERICA. (slum's THE PRESIDENT'S MESSAGE. PROCLAMATION OF AN AMNESTY BY THE FEDERAL GOVERNMENT. QUEENSTOWN, Dec. W. The Royal Mail steam-ship Arabia, from Boston on the 9th, and Halifax on the 11th inst., arrived here at 2 a.m. to-day. She brings 68 passengers and 30,955 dole. in specie. She landed 57 sacks of mails and six passengers, and proceeded for Liver pool at 2.30 a.m. ; all well. NEW YORK, Dec. 8, Arras 001. General Foster reports from Tazewell, Tennessee, on the 7th :—" General Longstreet is in full retreat up the valley. Cavalry will pursue him. Yes terday my cavalry attacked that of the enemy in one of the passes of the Clinch Mountain, and was pursuing them vigorously. Couriers from Knox ville arrived here last night. The road is clear, a man having arrived here yesterday." Unofficial reports state : General Longstreet commenced his siege opera tions against Knoxville upon the 18th ult., and raised the siege upon the 4th inst., retreating towards Bristol, via Harrietown Railway to Richmond, and south from Bristol along the north and south banks of Holston river. Foster's cavalry is pursuing on the south, and Sherman's on the north bank. General Longstreet has 36 hours' start. Sherman's advance has reached Knoxville. The Federals are preparing for the winter de fence of Chattanooga and Lookout Mountain. Boats are running to Kingston, and a railroad is being completed to Bridgeport. The Confederates captured 15 Federal forage waggons 12 miles from Chattanooga. General Bragg has been relieved from his com mand at his own request. He was serenaded upon the 2ud at Dalton, where he made a farewell address. No successor has yet been appointed. General Hardee commands temporarily. Bishop Polk has been ordered to command the department of the Southern Mississippi. General Forrest is encamped 15 miles from Holly Springs with 10,000 men. Western Tennessee, Western Kentucky, and Northern Mississippi, as far as Tallahatchie, have been formed into one Confederate department. Great preparations are being made to defend it. 6,000 Confederates are reported to be advancing on Maysville, Kentucky. The Confederate General Macpherson has issued a conscription order in Tennessee similar to that issued by General Hurlbut. General Lee has made no attempt to cross the Rapidan in force, but Stuart's and Mosby's cavalry keep up their raids north of the Rappahannock. It is supposed Meade will go into winter quarters some distance north of the Rappahannock. The Confederates have captured Thomas Francis Meagher. Advices from Charleston are to the 4th inst. A slow fire is being kept up on Fort Sumter. The firing upon Charleston has ceased, but the Federals are remounting more guns bearing upon the city. Southern papers assert that Gilmore's Greek fire is easily extinguished. General Beauregard visited Fort Sumter on the 2nd inst. The Confederates in strong organised bodies are impeding the navigation upon the Mississippi. President Lincoln has issued a proclamation that, in consequence of receiving reliable information that the insurgents were retreating from Tennessee under circumstances rendering it probable that the Federals cannot hereafter be dislodged from there, and esteeming this to be of high national conse quence, he recommends the people to return public thanks. General Butler has issued a proclamation saying: The recruitment of coloured troops having become • purpose of the government, and as the best use during the war for able-bodied coloured men, both for themselves and their country, is to be soldiers, government officers must not employ negroes to work at higher wages than soldiers' pay. Every possible provision will be made for uegroes. Congress met yesterday. The democrats were divided upon the choice of a candidate for Speaker, and Colfax, a republican, was elected Speaker of the house. This secures to the republicans an opponent of standing committees. Notice has been given of a bill to suspend the Canadian reciprocity treaty. The Russian officers are being feted in Wash ington. NEW YORK, Die. 8, Evunia. General Longstreet has retreated from Knox ville towards Virginia. General Hardee is falling back from Dalton with Bragg's troops. Breckenridge is not dead. Congress met yesterday, and the President's message will appear to-morrow. Mr. Lincoln is reported better. The Sazonia and Kedar have arrived out. COMMERCIAL INTELLIGENCE. NEW YORK, Dio. 8, Evisma. Money tight. Gold, 491 per cent premium. Exchange on London, bankers' bills, 164. Exchange on Paris, 3.424. Stocks steady. New York Cen trals, 1331 ; Illinois, 118 ; Erie, 106/ ; Six per Cent. United States Bonds, 1071. Cotton steady. (By Telegraph to Halifax.) NEW TOM, Dec. 9, Anima: Accompanying President Lincoln's message is a proclamation suggesting the following terms for the reconstruction of the Union : An amnesty will be granted to persons in rebel lious States who take the oath of allegiance to the United States, and an oath to support all the acts named by the Federal Congress, and all proclama tions issued by Mr. Lincoln since the rebellion, including the emancipation proclamation. This latter oath, the President observes in his message, is subject to the modifying and abro- gating power of legislation and supreme judicial decision. If one-tenth of the legalised voters of any rebellious State take the oaths above cited, and form a republican state, government, such govern ment will be recognised and receive constitu tional protection from the Federal government. Persons who have held office under the Confede rate government; those who held rank in the army above the rank of colonel, or in the navy above the rank of lieutenant ; those formerly holding judicial positions, or who resigned the Federal service and joined the rebellion ; and those who have treated coloured soldiers otherwise than as prisoners of war, are exempted from the amnesty. The proclamation does not refer to the States which throughout the rebellion have maintained the loyal government. Mr. ligroin says that the mode proposed in the proclamation is the best the executive can suggest, but it must not be understood that no other podia sible mode would be acceptable. The message declares that foreign relations are frigidly, but beyond the accompanying proclama tion, contains nothing important. NEW YORK, DEC. 10, Young°. President Lincoln's proclamation aceompanying the message grants not only an amnesty, but a full pardon and restoration of the rights of property, except slams property, to thcee taking the oaths described in the proclamation. NEW YORX, Du. 11, Nomura. The Secretary of the Treasury has imposed an increase of duty on distilled spirits to 00 cents per gallon ; on tobacco to 20 oenta. per lb. on leaf, and from sto 12 cents. on manufactured ; and of 10 cents. per gallon on petroleum. Money tight. NEW YORK, D. 10, Arsalloow. _ _ . President Lincoln's Message says that the British government, as was further expected, has exercised its authority to prevent the departure of new hos tile expeditions from British ports. The French Emperor, by similar proceedings, promply vindi cated the neutrality which he proclaimed at the beginning of the contest. Blockade questions have been discussed and accommodated in • spirit of frankness, justice, and national goodwill. Our prize courts, by the impartiality of their adjudica tion, have commanded the respect and confidence of maritime powers. An important question, involving the maritme jurisdiction of Spain in the waters surrounding Cuba, has been debated without reaching agreement, and it is proposed to refer the question to the arbitration of • friendly power. The rights of aliens in America are partially de fined by treaties with some governments. In no instance, however, is it stipulated that, in the event of civil war, foreigners residing within the lines of the insurgents are to be exempted from the rule which classes them as belligerents, in whose behalf their government cannot expect any privileges or immunities distinct from that character. Such claims, however, have been put forward in behalf of foreigners residing here the greater part of their lives. The Message states that the receipts during the year from all sources, including loans and the balance in the treasury at the commencement of the year, were 900,000,000 dole. The disbursements during the year were 896,000,000 dols. The receipts from the customs were 69,000,000 dole., and from the internal revenue 37,000,000 dole. The amount received from loans was 776,000,000 dole. The disbursements in the War Department amounted to 590,000,000 dole., and for the Navy Department to 63,060,000 dole. Over 1,000 vessels have been captured since the blockade was instituted. The naval force consists of 588 vessels, 75 of which are irouclada. 100,000 freed slaves are in the Federal service, half of them bearing arms. Mr. Lincoln declares that whilst he remains in bin present position he shall not attempt td retract or modify the emancipation proclamation, nor return to slavery any person who is freed by that proclamation, or by any acts of Congress. The Message further says—" In the midst of other cares we must not lose sight of the fact that war power is our main reliance, and that to that power alone we can look for a time to give confi dence to the people in contented regions that the insurgent power will not again overrun them. Until that, confidence is re-established little can be done anywhere for what is called re-construction.' Hence our chief care must be directed to the army." President Lincoln's proclamation contains the following additional provision' for State govern ments, formed in accordance with the terms of the proclamation : State governments may make any provision in relation to negroes which shall recognise and declare their permanent freedom, pro vide fur their education, and which may yet be consistent as a temporary arrangement with their present condition as a laborious, landless, houseless class. State governments may retain the name of the State, and the same boundary, consti tution, and general code of laws as existed before the rebellion, subject to the modification made necessary by the conditions of the proclamation. NEW YORK, Die. 10, Evionac. The report of the Secretary of the Treasury says : "It will be necessary to raise by loans 460,000,000 doh. to cover tba expenses till July, 1864. It will be necessary toprovide 546,000,000(dols. for the expenses from July. 1864, to July, 1865. The State debt in July, 1865, is estimated at 2,200 million dollars. The Secretary proposes to increase the deposits for temporary loans and the certificates of indebtedness, but will issue no more Treasury notes." The steamer Chesapeak e from New York to Portland, was captured by 16 Confederates, who left New York in the steamer as passengers. They landed the captair. and crew at St. John's, but they killed the second engineer. A large number of steamers has left New York in pursuit. Congress has unanimously passod a vote of thanks and voted a medal to General Grant. It is rumoured that General Pleasanton has super seded General Meade, Generals Sedgwick and War ren having both refused the appointment. The New York Tribune and Times applaud Presi dent Lincoln's message. The New York World thinks the message to be good as an electioneering document, but considers his plan for a re-construction to be absurd. Thu Ne in York Herald believes the Preeident's plan for are-construction will be a failure. News from Charleston to the 7th inst. reports matters quiet. EXPRESS FROM PARIS. PRINCE NAPOLEON ON THE PROBABILITY OF WAR. (NEON oux owx onaispowoxar.) PARIS, &rimy EaNum Prince Napoleon, whose mouth has been shut in the Senate, is now brought before the public in an unexpected manner. The Nation repro duces from the niter/and of Vienna the following letter, attributed to him, and expressing an opinion that war is inevitable. The name of his cor respondent is not stated. The Nation, while pub lishing the letter under all reserve as to its authen ticity, says it finds iu it the bellicose language of the prince, who seems to desire a war at any price both in the north and the south. Here is the text of the letter in question : You ask me whether I believe in war. Yes, I do. How iral Wolk oat I I will tell you. It will busk eat is the spring, and my father-in-law will begin it. The situation of Kiag Victor Emmanuel is no longer tenable. The public debt iecreaus every year. There must be an end to this. The King ban several times written to the Emperor that he most have a solution, and that he would rather be plain Chevalier de 'Carignan than continue to play the part of a sovereign who is gravitating towards a precipice. I repeat to you, my father-in-law has warned my cousin that in the spring he means to attack the Austrian lines. Be lieve me that this is the way the struggle will commence ; the King gives way to no Mogan ; he knows that Austria will gain the victory, but he knows also that his magnificent army will sot yield without making a serious resistance. The oxiqueron will roentar Lombardy ; they will, perhaps. oocupy Turin ; but then the situation will change. How ever great may he the desire of the Emperor for peace, he amok allow Austria to destroy the work of France in Italy. He will be forted, in spite of himself, to maintain the king dom of Italy. If, however, contrary to all expectatioo, the Emperor should abandon my father-in-law, he would prefer to biome oboe again King of Piedmont, and so be relieved of the responsibility which weighs open him aa King of Italy. What is moat probable is that Trues will interfere, sad that, after a war, the King will have Northern Italy, and the Emperor will dispose of the oath as he thinks fit. A few hours will probably decide whether the above letter, which a Paris journal, with all the fear of warnings and suppression before its eyes, ventures to print, is or not an impudent forgery. If it be genuine, it will probably rank as one of the most stirring events of these momentous times. This much is certain, that all the recent letters from Italy speak of preparations for immediate war which nobody can account for. Prince Napoleon's letter—if it be his—gives an explanation of them. M. Jules Fevre, who was at Dijon the other day with a special retainer, met with an ovation. He was asked to a public dinner, and a handsome porcelain vane, manufactured in the town, was pre sented to him. Dijon is the capital of the Cote d'Or, which has just returned an opposition member, K Magnin, by an overwhelming majority. This election is in some respects • more important ' manifestation of public opinion than even that of M. Pelletan in Paris, for the displacement of votes is much greeter. As in Paris, the number of voters who went to the poll is much the rune as in Juno; but whereas in June the government candidate, M. Vernier, (now elevated to the Council of State) had • very large majority against this very same M. Magnin, DO less 7,000 electors have (if we can believe the last ballot to have been fair) changed their minds within six months. Under these circumstances it is im possible that the government can feel the equanimity which it affects. The town of Dijon was always liberal, but now the country districts around it have caught the infection. The movement will spread, and that probably with • rapidity which will astonish the most sanguine leaders of the opposition. War or liberty seems now to be • pressing alternative. I, differing with many close observers of events, do not think that the Emperor sees his way clearly to war. But yet, unfortunately, all the rumours of more liberty are now discouraged. K Emitter's speech was a clamber, and we are now told that on the morning following the day on which K Rouher delivered his speech in the Senate, he received a telegraphic despatch from Compibgne, thus worded : My compliments ; I am delighted. Earocaoir. The Emperor, the Empress, and Prince Imperial arrived at the Tuileries yesterday afternoon, bevies finally quitted Compiegne, to take up their resi dence in Paris for the winter. To-day the Em peror presided at a Conned el Ministeta. COMMERCIAL INTELLIGENCE. NEW YORK, Dec. 10, Emma. Money tight. Gold, which has fluctuated since Monday between 52 and 47, dosed to-day 501 per cent. premium. Exchange on London ;--Bankers' bills, 161 ;ou Paris, 3.40. Stocks steady. New York Centrals, 132 ; Illinois Centrals, 1161 ; Erie 1041 ; Six per Cent. United States Bonds, 1071., Cotton heavy ; middling Upland, 780. to 79c. Flour advancing ; wheat good inquiry. Corn, large speculative sales. Provisions steady ; coffee very firm; sugar limited demand ; molasses very dull. NEW YORK, Dix. 9, Arrzixoox. Money tight ; gold, 481 per cent. prem. JAPAN. NEW YORK, Dam 8, Arrautoonr. Advicee received here from Kanagawa, Japan, to the Ist of November, state that peat excite ment prevailed there. Another European had been murdered. Au armed force from the fleet was guarding the city permanently. MEXICO. NEW YORK, Ore. 8, Arnamoox: Intelligence from Vera Cruz to the 21st ult. announces that the French had occupied Queretaro without opposition. Juarez bad left San Luis di Potosi forTaucaucas. His army was scattered, demoralised, and offering no resistance. LIVERPOOL, SUNDAY. The Royal Mail steamship Arabia, Captain Cook, which sailed from Boston on the 9th inst., and which touched at Halifax on the morning of the 11th inst., reached this port to-night. LAW INTELLIGENCE. (TEM DAY.) IEQUITY COURT. (Mom Vim-Chancellor Sir W. P. Wood.) DOTKII O. UDALL This case raised a point of internatiorod law taming . 4 the will of the testator in the MEIN ; but is the view Minn the Vice-Chancellor took the question was not decided. Th s testator by his will bequeathed certain property to a inln, tire who had been married in Frain, after having 'cad s child by his wife, sod which child was declared to be l e o, timed' in amordaooe with French law, and to the Mildren of that relative; sod the question WIN whether the 604 born before marriage was to be considered as one of the ohm. The Vice-Chancellor said that, after all, the question i n this case was decided by the terrosof the will itself, nem t h e true cosatroetioe of which it appeared clear to his Homo : that those children only which, according to English lir, came within that term—i. e., children born after the mat: riege—were included, and the declaration of the court would go accordingly. COURT OF QUEEN'S BENCH. Alter Urn Sittings at liki Prins at Coildb;ll:—(Ed," lard Chid Juba Cockburn and a Special Jam) LINDSAY, Y.P. AND OTRIDIS e. LZATNLET. The further hearing of this case wee resamed this mon. log. for the seventh time. The Solicitor-Genera, Mr. Dowdeswell, and Mr. Horace Lloyd, were counsel for the plaintiff ; Mr. Beall, 4.1.(;„ Sir George Honeyman, and Mr. Welkin Williams ma, counsel for the defendant. _ The tediotte monotony of the ease was this morning Bend by one of the jurymen calling upon Mr. Bovill to state towboat be referred to on Saturday when be said there were two of the jurymen related to one of the plaintiffs. Mr. Bovill—All the defendant knows about it is that gentleman entered the court and earl, " Y ou h„, a cousin of Mr. Miles Stringer, one of the plaintiffs, a u j wbo bu also a eon in Mr. Lindsay's office, on the jury , I mentioned the circumstance, thinking it would be ni&l satisfactory to him to be relieved from his *d u i p 0 ,i6,, The Solicitor-General—l don't think such is the fut. The juryman—l um doubly connected by marriage with Mr. Miles Stringer. I shall be most happy to withdraw. The Solicitor-General—To what extent are you connected with him? - "EiteTjnryrnan —My brother married Yr. Edgar Winger', abler—(laughter)--and my uncle married en mat of ho. (Laughter.) The Solicitor-General—Yr. Milos Stringer hu not the 114htest interest in the are. Mr. Bovill —He is coed the plaintiffs on the record. The eta ement was made unsolicited to the defendant's legel 'Atrium and eo much attention did it attract among thole is aunt that a letter on the subject has appeared this monug in the papers. Another juryman mg that unless a juryman was chat. leaved when he entered the box, it ought not to be doe aftArwarde. The luryinssi74 shall be happy to withdraw. The Lord Chief Justice (to the learned couniel)—Whst do you wish to have does ! Mr. shall be happy to accommodate the gentle. The Solicitor-General—An objection of this sort ou;kt to be raised in the was, form and at the proper tire. It is not a 'nod example to set to withdraw a jorymas eta he has devoted a week's atteotion to the cesie. Kr. Borill—l do not ask him to withdraw. The Lord Chief Justice- On the contrary, I serlenitial Mr. Barill to say he has the fullest confidence is the gea tier an that he will honestly and faithfully discharge to dote. . . . -- • • Kr. BovM— I rather compassionate the gentleman's pal. !ion, and I should have thought the learuedffolicator.6 seen! would have been glad to accommodate him. The juryman—lf I had thought there bad been my chance of getting off from serving, I would have stated r 4 manorial with Mr. Miles Stringer, when the jury sue first called. . _ _ . . . . — Fhe Lord Chief Justice—What would you rather do yeomen ? The Purism—l would rather withdraw. The Lord Chief Justice—That is, your being Meisel from the remainder of this troublesome inquiry; bat mean you don't feel yourself under a difficulty as to you discharging your duty conscientiously! Th. 17"1"—Certabily not. I shall endeavour to do to. The licdtor.Cleneral—l shall have no objection to lit withdrawing. if he thinks he can consistently do so. The Lord Chief Justice—lt is more a question of private anal personal feeling Rather than anything else. The pi• tleman can only withdraw by the consent of both parties. Mr. Bovill—Etteyoos who knows the gentleman as I do must know that a more honourable gentleman does not exist. I leave his withdrawal entirely to the plaintiff. The Lord Chief Justice—The only danger that I Khali apprehend would be that a high sad honourable mar, is endeavouring to show his impartiality, might rather p against his friend than for him. The Scffielitor-Genersl—l give my full consent to the gen• lissasa's withdrawal. The juryman—l feel great delicacy about the matter, to when tie learned counsel allude.l to the circumstance a Saturday, I bad not the least idea he alluded to me. The Lord Chief Justice—The learned counsel certainly alluded to it in a very graceful manner on Saturday, sod said he had the fullest confidence in the juryman honestly sad faithfully discharging his ditty. Will it be more agreeable for the gentleman to withdraw ? The juryman— It will be more agreeable to me to with. draw. The gentleman then withdrew. Mr. Hovel' then proceeded with his address, minutely en. staining and criticising the voluminous evidence giros hi the case. COURT OF COMMON PLEAS. Sittings at Nisi Prins in London.—(Before Lord Cliff Justice Erie end a Special Jury.) KIRBY V. POWELL.—DIED 0? SIPARATION.—PLED Or ADULTERY. WS wee an anti m to recover two monthly hotelman due upon a deed of separation between the defendaat sad his wife. Mr. Serjeent Moulins and Mr. Marten appeared fordo plaintiff ; and Mr. Hawkins, Q.C., Sir George Houma , . sod Mr. Lrdgard for the defendant. The defendant's case. in consequence of the form of the pleadirirs, was first laid before the jury. Mr. Hawkins said that the defendant, Mr. Ellison Panel, was a silk broker in Old Broad-street, and was until ltM a member of the firm of Followed and Powell; sad after the death of Mr. FeUowes he carried on the Whim alone. The plaintiff was a doctor of medicine, who formerly carried on businese at Haverstock-hill, sad sow resided Tavitocostreet. Gordoo-equare, and he sued as trustee of a deed of separation between the defendant and his Mb, which was dated in June, 1860. Mr. Powell's deface, on twofold. First of all he said that the deed was procured fuss him by the head of Dr. Kirby ; and. secoudiv, be ma that after his marine his wife committed adultery wink a vaHety of persons, and that she bad procured the deed with the intention of committing adultery. The following was short outline of the lives of Mr. and Mrs. Powell :—ln Mr. Powell was a clerk in the service of Mr. Fellows, sad be was the:. about 19 years of age. Mrs. Powell was at the time living in Maryetreet, Hampeteed, and win about 32 years old, and she had for some year' boa living a " gay " life. Mr. Powell was introduced to be. and visited her down to 1835, when he agreed to allow be 2031. a year upon the consideration that she would lire With him alone, and they removed to Rochester Villa, Camden town. On January 19,18345, Mr. Powell married the wawa with whom he had been living, and went to live in Carols' Tithe, Kentish-town, and they remained there some years, until Mr. Powell's salary being raised to 8001. a year, dry took the house, 27, Oakley-square, and lived there soda Ir. Powell became portage with Mr. Followed', and in 185. 1 '59 they took Gloometer Lodge, Regent's-park, where ther remained until the separatiou. Down to 1838 or 7 8 they appeared to live happily together, bat a b ou t slat time Mrs. Powell became ration, and on mote than or occasion she said to Mr. Chapman, the cousin aid moat intimate friend of Mr. Powell, that she wished dui her husband would oot remoin so much at hdne, aed soot afterwards she expressed her wish that her husbaod weed execute a deed, so that in the eveut of his death or tlr separation. she should be provided for. In March. is" t . Mr. Powell instructed his solicitors to prepare a deed of the kind, by which it was provided that, in the events he Winer timed. Mrs. Powell should have 3031. a year , payable lo monthly instalments. Mr. Powell took home the draft of 4 . • deed. sod handed it to Mrs. Powell. rt. that she might read when she said she had got the deed and would keep him tog. or something of that sort ; but, however, the deed was sat then engrossed. In the summer of that year Mr. and No. Powell wait abroad, but when they were near Wiesbatio Mrs. Powell ermined • wish to come borne, and they deist once rehire. They continued to live together, in any do az but a happy manner, until April, 1860 ; but in the apnorof tho year Mrs. Powell absented herself from home all night es one or two occasions, and ter when asked with whom she ter her time there wee no reply. On the 4th of April peed time she was out all night, for on that cocas..• sr. Powell left her a note, intimating that he was very wort surprised, and asking what she meant by her c ol and she being excessively displeased. with that note. it the course of the day. left her home, taking with her good deal of plate, and from that time she had ceased is re M r.le ander the roof under the protection of Mr. Powsa r. Chapman went or to live with Mr. Powell for to or three weeks after this, and he would state tlat during that time Mrs. Powell was constantly ping the house, sometimes making a diaturbaoce is street, and at other times, on being let in, she, is a may state of drunkenness, threw her arms mood Mr. Poem and insisted upon stopping there. In the end, Mr. H. solicitor of great experience, introduced himself, awl deed now sued on was draws. Ily that deed Mr. nor. covenaoted with Dr. Kirby, as trustee, to allow to Mr. Powell 3004 a year, payable by monthly inatalmre7: and to permit her to retain her jewellery. sequels* to the separation matters came to knowledof mom, r. Powell, which showed that ter m°. from the that she left her home she hail living in the most flagrant adultery. She bad row , w Brighten), and there formed the acquaintance of Mr. lie, deo. as upholsterer, and on many occasions she contnot adultery with him ; and, under these eircumstioaw. ; Powell determined to free himself from the chain th'• of . and world behall red it to kw Led t Tho said TEE LAI Jo/gm 81 labourer, i atlon, dui an Anisric railway te M.Ba address at there thro to Amerie Xr. But do you gat Priaonet other men while rota like to nee anoordingt about so larking, at 1 4 , abd int Clark—! lOW delib was panut own head. Hr. Bun eat? Cork—] Clark-2 Mr. Bun roughest Mr. Bur occurred, while to all prieouer. The prim LONDON An ext: holders vs' the he of sank any .1 beam prep' any Pow eigh been P l 4l tine) nettle Mr make Tim The Surrey NO% ID Mao, MD lips; Dove. for tri &Me nor wn food*, &ergo 5 for et woondi the reit The pi