The Express. — London, England, 1866-01-16 00:00:00

1 , ir e- , 4 dj- Xl3 r 4% 4 s sattaxa , le • ii i 4 No. 6,067.] LONDON, TUESDAY EVENING, JANUARY 16, 1866. [STAMPED, Id. ADDITIONAL.] (TWOPENCE 1 1 , I I 1 ' 1 i I I i 1 ' i 1 I i I I , . I , I i !I k ' 1 I t 1 I i t ' ) i I I . 1 r...------- - rwit;tiLAND. BLACK BALL PAB 600ER LING —New arrangements with H.M.'s Colo eersmese. Redeelbis of Steerage Pare St AUL lead aall dune. OCILN. for =MANX wreak Bp. Med D ot for Jan. St. This magninc= i peld , forming one of the ad pall celebrated Sees of An will be de. owe psecbleLY lo date. Tbe accommoda l lr l in or all clause COMOS be sergessed. To be tollewed by lbs li Plu n er STAll OP WOUND, Packet far Stab Fe4sary. ill eg:/ JAMBS BAINES and Co., Liverpool ; all sts for a , Ball Line ; sad T. 1L MACKAY and 00., 1, Landenhall gst, lades. LC. AMERICA. as they knew beforehand what the result would be, and few of them or of their constituents have much money to spare for living idle in Waahington hotels. Bons bearing on the subject of martial law are as follows : S. 95 constitutes a body called a council of war ; s. 98 is in these words: "And whoress the appearance of public danger, by invasion or otherwise, ma) sometimes make the imposition of martial law necessary, yet, as from expel enee of the mischief and calamities attending it, it mast ever be considered as one of the greatest of evils : Be it there fore enacted, that it shall not in the future be declared or Un posed, but by the opinion and advice of a council of war, coo. misting se aforesaid, and that at the end of 30 days from the time of such martial law being declared, it shall, ipso facto, determine, unless continued by the advice of a council of War as aforesaid." S. 97 empowers the governor, with such advice se aforesaid, to declare particular district* to be glider martial law, and to except others. S. 117 says that " This sot shall continue to be in force notwithstendiUg and dories martial law." It is a grave question whether this act be considered to confer upon Governor Eyre any other power than he already possessed at common law the act itself would be valid. The powers of the Jamaica legislature are derived not from parliasneat. but from Royal com mission. As the crown cannot authorise legislation inconsistent with the law of England, it could not aatho• rise the Jamaica legislature to confer upon the governor or any one else lowers ineoasisteat with the provisions of the Petition of Right. It le *- deed provided by 28 and 29 Viet., asp. 63, se. 1, 2, and 3, that no colonial law shall be deemed to be void on theground of repupiosey to the law of Eng land, unless it is repugnant to the provisions of say act of parliament applicable to any such colony by express words or necessary intendmeat. We apprehend, however, that if the act of the Jamaica legialattue be construed as author lain or recognising anything declared illegal by the Peti tion of Right, it is repugnant to a provision of ea act of par liament extending by noceesary intendment to the colony of Jamaica. it appears, however, that the act does not create any new power, but only limits the existing power, and provides regulations under which it is to be exercised. It provides that the governor shall not proclaim martial law without the advice and consent of a council of war, con stituted in a certain way, and that when proclaimed it shall expire ipso facto in thirty days. It also provides that its operation may be limited (as in the present case it was) to certain districts. (iIIOZ ou& SPECIAL cosassroNnzn.) NEW YORK, Dec. 30. Congress still stands adjourned, and there is con sequently little or no political news of importance from Washington. One or two committees have been left at work, however, that of ways and means amongst others, but I believe it is well understood that there will be no change of importance in the tariff this winter. The chairman of the committee ! is Mr. Morino, who is well known for his strong protectionist leanings, and he has, what on such a committee is of course all powerful, knowledge of ; his subject, with which the other members, I think, are but scantily endowed. The internal revenue system will probably be revised, and some attempt made to reduce the number of articles on which duties are uow levied, but no very extensive change need be looked for. If any movement is made in the direction of free trade it will be by the next Con gress, and not by this. This one was elected, as yen know, a year ago, while the war and reoun- StructMn were still the all-absorbing topics, and before the public attention had been seriously turned to the means of raising revenue, or the comparative merits of different systems. During the coming year this matter will probably be a good deal agitated, and the elections in the various districts will probably be largely influenced by it. So that the Congress of 1867 will perhaps come together divided on this subject, and not, as now, on the Southern question. This plan of electing members to the House of Representatives more than a year before they take their seats, was intended to secure that body against the immediate influence of gusts of popular excitement. Before members elected under the influence of some prevailing passion can take their seats, strong feeling on the subject haa, in all probability, subsided. On the other hand, It may be doubted whether, in the attempt to guard against the effects of popular passion, public opinion is not also deprived of its due influence. That this result may sometimes happen, and at very grave crises, was well illustrated during the Kansas diffi culties in Buchanan'a day, when the house, under the skilful and unscrupulous manipulation of that "old public functionary," as he called him self, during two sessions ventured to bid defiance to the opinion of the vast majority of the public outside the Slave States. We are still in the midst of the highest of high prices. A small house in any decent locality, with not over four bedrooms, cannot be procured in New York to-day for lees than 3001. a-year. Labour is 3 dollars a-day ; beef is selling at is. 6d a pound, and everything else in proportion. A decent overcoat costs 201. The tendency since the close of the war has been, on the whole, upward, instead, as people expected, downward, partly owing to the steady and increasing pressure of taxation and the scarcity of labour, but above all to the continued swelling of the volume of the currency caused by the weekly issue of fresh paper by the National Banks. Gold remains perfectly steady—one of the most singular phenomena of the period, because, if it is the superabundance of paper which is affect ing prices, why should not the price of gold go up as well as the price of beef 1 There is, however, unquestionably an immense deal of specula tion based upon the increase of the currency. In the West it has gone to enormous lengths in breadstuff*, and so forth, though there are just now symptoms of a break down. Mr. M'Culloch's report caused some un easiness amongst the speculators, which has gone on increasing, and at present there are some indi cations of a panic amongst the grain and provision dealers in the West. Should Congress take any decided measures for a contraction of the cur rency this winter, as no doubt it will, it would accelerate the decline, but then the contraction itself can scarcely make itself felt, no matter what is done, for a year to come, .. -- F — TAS MS LIVIIPOOL OS watsrowx TO NEW YORK, TWICE • 03 LIVERPOOL, NEW YORK, and itiC=au arsaf.aana COMPANY Introd dio hgtoll-poweredil•bullt Ina &raw Ilkomeadps, s wim she United Rites FROM UYERrO . jar NKR YOWL -- IC!<M Wdeeada7. Jai 17.' CITY 0? COLN, Satantay, Jae. SI CITY OF WASHINGTON, Wednesday, Jan. U. A m ' a m Woinsiday, and alternate Fridays sod Saturdays. cibiaead gainlast puny by theaccordls. roan stouts= a eldro om = st rdna&lag ; %It 11 ths „IfY the raidara and diakneWs alrimars. M D- ram& Tamp lodides a tall et soaked %ago. " Th.. be Oman and taw Waned booked to tonna —Foe Mabee peelkstlirs to jell HAN, ni v = s ti r * ma. ISTortwol; IS la V—LONDON to GOTHENBURG in iets.—The magnificent, fast, and wall.imown twin gnwiteimer MARX (1,000 tons inirtben, 300 horse power), again T. MGR, will clear tor the above port about the 3mOt IA "saw OS Moat heavy gala lids sWasr made Ihe ran gas blahs to Gothinharg la 48 lanai Has oplandld acommia Aadoon pamengem —Tor freight or passage apply to pg. PSALMS sad Co., Bs. Danalesin• =ft TICPERIAL MERCANTILE CREDIT ASSOCILTION (Limited). ...ma IS WIREBY GIVII!, that the TIMMY= BOOKS dby A m odattoa win be CUX4rD from the lath to the EMI of leeuy mt both days Melealve.-117 order. W. C. WINTLEBOTTOM, Secretary. 17, Lembardetreet, 96th D0c..1866. T OXFORD.—The MARKET GIRLS, by Troyatore, and the Schiller Centenary (Ma w., by Meye rb eer, will be performed by the whole of the rank Conway. The Hungarians will also introduce Moir Wand Zatertainmeat THIS EVE N LNG. Privets boxes, lta ed : stalls and balcony, la area, dd. We now proceed to the consideration of the epesific ques tions contained in the cue. 2 and 3. The legality of the conduct pursued towards Mr. Gordon depends, according to the principles stated abo►e, on the question whether it was necessary for the suppression of open force, and the restore. tics of legal authority, to put him to death. We see nothing whatever in Governor Eyre's despatch which affords any ground for thinking that such could have been the cows. The fact that Kingston was exempted from mar tial law shows conclusively, as against Governor Eyre, that in his opinion no necessity for the resumption of arbitrary power existed then and there. The fact that Mr. Gordon was in lawful custody shows that be was at all events dis. abled from doing further mischief, however guilty hemight previously have been. It would perhaps be too much to say that no conceivable state of things could justify the treatment which he received, but no such facts are mentioned in Governor Eyre's despatch. As to the legal powers of the officers sitting ea a court martial at Mount Bay, we are of opinion that they had DO powers at all as a court martial, and that they could justify the ex ecution of Mr. Gordon only if and in so far as they could show that that step was immediately and unavoidably necessary for the preservatios of pewee and the restoration of order. They bad no right whatever to punish him for treason, even if be had committed it. Their peo viocs was to suppress btu by terce, sot k 0 Milk grimy, 4 . TWO 911ae4ion is answered Is our introduciory observe. tons. Cues might be imagined in which some of the acts specified might be justified. Is a mu, for instance, where the loyal pert of the population were (as in the case of the Indian mutiny) greatly outnumbered by a rebellion, population, measures of excessive severity might be Aso lately essential to the reetoration of the power of the law ; but this would be a case not of punishment but self +reser. ration. No facts stated in Governor Eyre's despatch appear to as to show any sort of reason for such conduct in Jamaica. 5. They maybe indicted in Middlesex, under the provisions of 42 Geo. 111., e. 85. See too 24 and 25 Vic., c. 100, s. 5. They may also be impeached in parliament. 6. Any per. son in this country may prefer a bill of indictment. 7. This is a question of great difficulty. As Governor Eyre's coo. sent would be necessary to such an act, and as he could not pardon himself, we are inclined to think that such an act would be no answer to an indictment in England. Be side, this, if Governor Eyre has committed any crime at all, it is a crime spinet the law of England. Whilst governor, he could not be made criminally responsible in Jamaica (" kfostyn v. Fabrigae," 1 Smith's Leading Oases, p. 543, 4th ed.). It is not competent to the legislature of Jamaica to pardon crimes committed against the laws of England. To obviate all difficulty, we should advise that if such ►u act were passed, a petition should be presented to her Msjesty, praying her to refer to the Judicial Committee of the Privy Council the question whether the act ought to be disallowed, and that the petitioners might be permitted to show cause by counsel why it should be disallowed. Unless and until they are disallowed by the Queen, the acts of the Jamaica legislature are valid. I doubt very much whether the question of re construction will not also be remitted for settlement to the next Congress. As far as can be seen at this moment, the President and it are fast coming to a dead lock. He seems bent on restoring the Southern States to their old status as far as he can do it, and in this he is backed up by the opinion of General Grant ; Congress, on the other hand, seems equally determined that, as far as it is con cerned, they shall not be restored to their old status until they hare given more guarantees for their good behaviour than the President has thought proper to exact. Some insist upon negro sofirage ; but this seems at present, for the reasons I gave you in my last letter, all but hopeless. The radical party in Congress have not the strength there, or the support in public opinion necessary to achieve it. Others again, and these, I think, will be found to have a majority, are determined that before the members from the Southern States are re-admitted to their seats, an amendment to the Constitution shall be adopted, by which the number of voters, and not the whole population, shall furnish the basis of representation in the lower branch of Congress. At present each State is assigned a number of seats in the house in proportion to its total population ; but in cal culating the population at the South for electoral purposes, only three-fifths of the slaves were counted in. Now that slavery is abolished, how ever, the whole negro population will be counted in, and the Southern quota in the representative as sembly proportionately increased, while the negroes will still remain unrepresented. In other words, the whites will by the fact of emancipation secure a larger amount of political power in the Federal go vernment than they possessed before the abolition of slavery. It is true the re-apportionment of the representatives which will give them this will only take place in 1870, but 1870 is not very far away. The republicans ask, and with justice, that if the negroes are to be counted among the people sup posed to be represented in Congress they shall be allowed a share in electing them ; but if not allowed to share in the elections, they insist they shall not be counted. There is a considerable show of fairness in the arguments by which this plan is supported ; but still there is only one that has so far been urged with much vigour, and that is the danger of a Southern majority in Congress. It is feared by many people that the Southern represen tation, even on the old basis, might by coalition with their old allies, the democrats, " copper heads," and so forth, put the national debt in ENFRANCHISEMENT OF CHELSEA AND KENSINGTON. Last evening • public meeting of the inhabitants of the above district was held at St. Luke's Vestry-hall, King's. road, Chelsea, for the purpose of adopting immerse to procure the incorporation of the varieties of Chelsea and Kensington into a parliamentary borough with the right of returning two members to parliament. Mr. R. W. Jones occupied the chair, and was supported by Mr. Terrine, M.P., Lord W. Lennox, and • The number of the prin cipal inhabitants and vestrymen. The ball was crowded. The chairman said as there was about to be a reform bill introduced into parliament, he and those acting with him thought it a suitable time to resuscitate the agitation for the right of their extensive and wealthy district to a direct share in the representation of the country. He then reed letters from the following members of paliament, apologia jag for inability to attend the meeting, but approving of its object :—Lord Enfield, Sir C. Mike, Messrs. Banbury. Bright, Stansfeld, Lewis, P. Taylor, Baines, Fart, Locke, Chambers, and Alderman Lusk. Mr. E. Babbitts moved the first resolution, to the effect that the parishes of Chelsea and Kensington, contain. ing a population of 135,000, coetrit.atiog upon an sesessment of upwards of 1,000,000/. yearly to the public taxation, and abounding in education, intelligence and wealth, have an undoubted right to a direct share in oerliameatary representa tion. This was ascended by Lord W. Lennox, and spoken to by Mr. C. Pietist, and adopted. Mr. Finch moved the second resolution, declaring it to be desirable that active steps should be at once taken to procure in the coming reform hill the acknowledgment of the right of Chelsea and Kensington to be enfranchised. The present premier and Mr. Gladstone had already, on three previous occasions, supported such a bill, and, therefore, there was y ea coungenient for them to proceed. Mr. Wilkins, church. warden of Kensington, seconded the resolutioe which was supported by Mr:Toffees, M.P. With respect to re form generally, he advocated the admission of the working classes to the franchise, but did not think that would be obtained, so far as L ondon was colcereed, by the Len. casbire proposal of a 61. rating suffrage, and, therefors, he advocated a lodger suffrage, which would bring in the greet bulk of skilled workmen in the metropolis. The boo. gentleman spoke on the several questions at some length, and sat down loudly cheered. The resolution was carried, and a deputation was appointed to wait upon Earl Russell. and take such other measures as they may deem expedient to further the object in view. 1 PARLIAMENTARY REFORM.—A meeting of work ing men was held last evening is the theatre of the Mechanics' Institute, for the pupae of adopting a peti tion to the legislature in favour of parliaineritary reform. Mr. John Priestman occupied the chair, and the meeting was addressed chiefly by working men. Tax COMING REFORM BILL—The Scotsman says :—"A formidably large number of liberal ILYA— belonging, for the most pert, not to the extreme, but to the moderate section—are, we learn, strongly disposed to resist any reform bill dealing only with the question of the suffrage, chiefly on the ground that the present system has evils which a mere lowering of the trembles would tether aggravate than modify." THE AERONAUTICAL SOCIETY OF GREAT BRITAIN. —A meeting was held on Friday lest, at the residence of the Duke of Argyll, on Campden-hill, when resolutions were passed with the object of establishing a "misty under the title of the Aeronautical Society of Great Britain. The Duke of Argyll was chosen president, and the Duke of Sutherland and Lord Grosvenor accepted the office of vice. presidents. Amos, the members of the unused then named were Sir C. Bright, M.P., Mr. W. Fairtiairn. of Manchester, Dr. Hugh Drummond, sad Mr. Glaisher. A chief branch of inquiry will be the mechanical expedients for facilitating ml 4 navigation. ' lir danger. On one or other of these points there is beyond question a large majority in Congress who will resolutely resist any attempt at admitting the Southern States to their old position. But, in the meantime, the President has by far the larger part of the game in his own hands. He can withdraw, and is withdrawing, most of that military pressure which was the only thing that made the South very restive in its conquered condition ; but, on the other hand, I see no symptom of any intention on his part to abandon the blacks. He still adheres to his intention of keeping up the Freedmen's Bureau ; but, at General Grant's suggestion, it will be converted into more of a military organization than it has yet been. Still, Ido not well see, nor, I think, does anybody, in what way its jurisdiction over the blacks, and over black questions, can be maintained once the authority of the State governments is completely restored. It is an imperium in imperio, the exist ence of which could only be warranted, military rule once laid aside, by some provision of the con stitution. A situation, on the whole, more illogical has hardly ever arisen in the history of any country. To Frenchmen it would be intolerable, as well as absurd, and the patience and good sense and for bearance with which both the people and the government here make their way through it does them the highest honour. . 1] It Is supposed by shrewd observers that no ma terial change in the present state of affairs will be made by Congress ; that the Southern repre sentatives will be kept out ; that Mr. Johnson will one by cs3o band over the States to the local authorities, and that the latter will go on regu lating their affairs pretty much as they please, without troubling themselves much for the present about the exclusion of their members from Congress, who they feel satisfied will in time be admitted. Very few of the latter have come on to Washington, ~~ birt°PourAN MUSIC HALL, Edgwaze ,.d. Open M 7.—HABBY MACARTRY, " the eclipse of all perks," mll appear for the first tines ln London in Ida green dsbeation of Negro life, introdnethg the character of Zeb Duashb a gentierean from Afriac berm, with the original geg end dance of Nip op. The Bailee of AUBOLA, or the descent of the Morning Star. and Meese:dello still °entities, the as of all who witness them. The new stage scenery seimcluneal appliances tend to make our Ballets one of the mee staple° performances in the metropolis. Manager, J. J. POOLE VORZIGN WINES, cheap and pure :—Catalonian 11 Sbary.l7e. ed. ; Andalusian Port, 17s. lid. ; French, 16s. : Muth Sim 18e, per dozen ; Beaujolais. ISs. ltd. Bantam 17s. 6d. ; Chablis, ; Book, 21e. to 94a. M ! e s e n u a *NA bock and Moselle, litia a doses . Copse Brame= py item tOs. a dmen, bottles Included. Terms cash. DV woe four doom into the country. 11/17ABD 13016111.11AN1E and SONS. Dbitillen and Importers, 77j, Serstreet, London. Establhised 1789. MIIDIE'S SELECT LIBRARY. THE NEW SEASON NOTICE. al the EMT BOOKS of the SEASON and of the peat twenty lan are In etrealation at MCDIE S SELECT LIBRARY. 1158 T CLASS SUBSCRIPTION, ONE GUINEA PER ANNUM. Comma:Lae at as data Book Clubs supplied on liberal teems. KW On MUDLICEI PTe r c EIIr LlBV i rtimlted). 1(1W OXFORD. City Mee, 4, YING-STB36T, CH/A.PSIDZ. 11111BESHER and GLENNY. NEXT DOOR to SOILFSSETNOLISH. STRAND. Do may estobliditnoot In London for th. following Articles: THRASHER% SUMMER ANGOLA SUITS. THRISHIR'S INDIA TWEED SUITS. THRISIINRS INDIA GAUZE WAISTCOATS. THILFSHIR'S KASHMIR SHIRTS. THICIASHRR'S COLOURED FLANNEL SKIRTS. THRISHER'S MILITARY SHIRTS. THRASHER'S OVERLAND TRUNKS. MESSNER% INDIA BULLOCK TRUNKS. THEMES'S MITALLIC LINED TRUNKS. . THRESHER'S INDIA CABIN BAGS. N.B.—OUTFITS SUPPLIED for FNMA, CHINA, and the 00L0- DRS, sad detailed Hits of the articles required for every purpose ead appolotment will be forwarded on application as above. SPECTACLES are NECESSARY WHEN the Eyes water, are misty, or fatigued sT after Nadia; : 'WHEN the print blends, and the letters appear to be double WHEN more light than formerly is requisite— per example : WHEN the candle is placed between the eyes and the book WBEN objects must be held further off to be seen more clearly WHEN much difficulty is found in threading a The above are prensonitorysigns of decayingsight, and Indicate bat as optician should be consulted without delay. From long ode:kasha practice Messrs. Thomas Hants and Son are fully ampeteat to advise on all matters pertaining to the remedying detective sight. They skilfully adapt lenses, perfectly true. of he requisite power, and likewise they Judiciously select a spec kle trims of the form meat becomiug to the face. Tilo VAS laliklB and SON, opticians to the Royal Family. opposite the /dash Museum rtes. Landers (their only house), established Mt Caution—No travellers or agents. hENTAL The BF AT COUGH XIDICINI se Jost ready, pries ta. dd., 3RE RESTORATION of NERVOUS POWER , " addressed more especially to men of business, rts **Mosul, the sedentary, and all labouring under the debill tome, effects of over-tased energies either of body or mind. 't net HARVEY, 11. D , F.A 9., London. De an d Son, Ludgate-hill, E.C. Tg Mos it CITLVERWELL on MARRIAGE : It. „, Obligation', Happiness, and Disapatnianta. •mna. Croatia' , or Author, 3, Great alariougb-strost, W. Working Man's toe, halt a Guineas I "TAL NOTWE. ESKELL, Surgeon I c • Dentist, of 8, GROSVF—NOR-STIMILT, BOND-STRUT, i laving announced for a considerable period that "he is lift connected with any one of the name, and that he has NOT I I 11310 TED, and does Riot intend doing so," begs respectfully to 11 state that as he considers the general public are now sufficiently sell aware of the facts, be will cease to make this or any other ; Professional statement in the public papers on and after the ffilth af February next. ; rPARENTS and GUARDIANS. The eturn of youth to their respective boarding-schools induces solicitude for their personal comfort and attraction, and ED W. I LOW' IIAcA , SAR OIL, for accelerating the growth and inn- 4 sing and beautifying the hair, Rowlands' Kalydor, for bas. ' .nag the skin and complexion, and removing cutaneous' • • and Rowland.' Odonto,or Pearl Dentifrice, for rendering teeth beautifully white aud preserving the gums, are cond. indispensable accompaniments. Sold by A. ROWLAND • to, inaton.gareeu, and by chemists and parfamerel for Rowlands' articles. I I SCOTT'S BILIOUS and LIVER PILLS, h • timer falling remedy, prepared without any mercurial , ' • eat, from the recipe of Dr. Scott, will be found Invaluable t ' d who suffer from bilious and liver complaints, indigestion, Mums, giddiness, dizziness of the eyes, de. For habitual tepees, as • Lenny &perked medicine. and as a purifier of , blood, they are truly excellent; mild in their operation and • teal to the stomach, they create appetite, promote digestion, " strengthen the whole nervous system.-Bold by W. Lasn- I (herald, 8, King William-inlet, iMazing-croas, and by most • is boxes, la. lid. and to. 9d. Be sure to ask for Dr. •• tit Pillions and Liver Pills. The genuine are in a square green • nee with William Lambert" engraved on the stamp. I EFORD'S FLUID MAGNESIA.—The medical profession for thirty years have approved of this • salaam of magnesia as the best remedy for acidity of b, headache, heartburn, gout, and ludige-thin ; and at a aperient it is especially maimed for ladies and children. by DiIiNKFORD and Co., Chemists, at., 172, New ' London, and sold throughout the world by all • amnia& Caution—See that " Dinneford and Co.' ea es& battle and red label over the cork. • t l calS, ASTHMA, sod INCIPIENT CON- SrliMON are effectually cured by KEATING'S COUGH I Z•Ncgs, abich are daily recommended by the faculty—tea- •a from tar most eminent of whom may he inspected— the roost effectua. safe, speedy, and convenient remedy for '"•'-• and disorden rf the lungs, chest, and throat. Sold in Is lid. ; end tins, Vs. 94., es. ed.. and 11s. each, by T. ' chemist 79, St. London Sold retail an &assists. I 1 t WELL'S BAT SAM of ANISEED. 0 R COUGHS. • I 0 R ASTHMA. I OR SHORTNESS of BREATH. SOLD by ALL CHEMISTS. AREHOUSE, 16, BLACKPRIAIIS-ROAD. I 'WELL'S BALSAM of ANISEED. The ETAT COUGH MEDICINE. TELEGRAPHIC INTELLIGENCE. (wrrza's Tiasoprits.) THE MILITARY REVOLT IN SPAIN. lIADRID, JAN. 14, Now. _ _ General Prim is now in the Ituadalupe moun tains. Generals Zabel& and Echague report that they cannot descend into the valleys, and will be obliged to continue the pursuit along the heights, abandoning their horses and baggage. General Prim is stated to have deceived his soldiers by representing that /reputes° directed the insurrectionary movement. OPENING OF THE PRUSSIAN CHAMBERS. SPEECH FROM THE THRONE. BERLIN, JAN. 15. The session of the Prosaism Chambers was opened in the White Saloon of the Royal Palace to day by Count von Bismarck, who read the speech from the throne. The King announces that bills will be brought in aettlips the budget mad aching for the supplies re quisite for the unchanged maintenance of the mili tary reorganisation and the increase of the navy. Supplies will also be asked for the execution of the North Sea and Baltic Canal, and various other measures affecting home administration will be laid before the Chambers. His Majesty expresses a con fident hope that the commeroial treaty with Italy will be ratified by all the States of the Zollverein. The finances of the kingdom are in a favourable condition. The relations of Prussia with foreign powers are satisfactory and friendly. The royal speech continues :—" By the Gastein convention Lauenbnrg has been united to the Prussian crown. It is my desire, while treating with consideration the peculiar state of things in the duchy, to allow its inhabitants to enjoy all the advantages of union with Prussia. The definitive decision of.the future of Sleswig-Holstein has been reserved by the Gaatein convention for further nego tiation. By the occupation of Sleswig, and by her position in Holstein, Prussia has acquired a suffi cient guarantee that the decision can only be in a sense corresponding to the interests of Germany and the claims of Prussia. Resting upon my own conviction, strengthened by the opinion of the legal advisers of the crown, Lain determined to hold fast this pledge, under all circumstances, until the de sired end is attained. Conscious of being sustained by the assent of the people, I hope that the object striven for and gained will prove a point of union for all parties." ITALY. TURIN, Jut. 15. The Marquis Massimo d'Azeglio died this morn ing at five o'clock. The election st Soretins has resulted in the return of Count Arrivabene to the Italian par liament. SWITZERLAND. BERNE. JAN. 13. The voting upon the revision of the Federal cfm stitution proceeded yesterday. Up to the present six cantons may be considered favourable to the revision, nine as rejecting it, and six undecided. REPORTED SUICIDE OF ADMIRAL PAREJA. PARIS, J. 15, Emil Na. According to letters received here from Madrid intelligence bad reached that city asserting that Admiral Pareja, commander of the Spanish squa dron off the Chili= coast, had committed suicide. DEATH OF THE MARQUIS MASSIMO D'AZZGLIO. In the letter of our Florence correspondent, dated the 12th inst., published this day, a brief announce ment is made of the serious Wows of the Marquis Massimo d'Azeglio. A telegram from Turin states that the distin. guished Italian died yesterday morning, at 5 o'clock. The following is a sketch of his career :—" Marquis Massimo Taperelli d'Azeglio, born in Turin, in 1800, is the descendant of an ancient Piedmontese family. From his infancy he was of • proud and fiery spirit. At the age of 14 he showed the door to his first roaster, an ecclesiastic, for venturing to treat him harshly. For this he was excommunicated, and it was a long time before he could make his peace with his family and the church. He devoted himself with great ardour to music and painting at a very early age, and in the latter branch of the arta specimens of his pencil are to be seen in the galleries of the Louvre and of Turin. In obe. dience to his father he entered the military service as officer in the Piedmonts*, cavalry ; but his heart was in the arts, and an illness, induced by severe study, caused him to leave the army. He studied in Rome for eight years as au artist. He returned to Turin in 1829. The year following he went t• Milan, where painting was in a flourishing state, and here he became acquainted with Maozoni, and married his I daughter. It was under the influence of BILIOZ3Li I that Azeglio devoted limself to literature, and pro. I duced his story of Ettore Fieramosca' (1833), • work in. spired by the purest patriotism, and which was hailed in Italy with great enthusiasm. A second novel, • iiccolo di Lappi ' (1841), bad an equal succeia. From this time M. d'Azeglio was regarded as one of the first representatives of Italian nationality ; and, deserting his favourite studies, he became an active propagandist of the political views which led to the revolution of 1843, but never was a member of any conspiracy. When the insurrections of Rimini and the Romagna broke out, he published his celebrated work, ' The Last Events in the Romagna,' wherein, while blaming I the insursection, he attacked the government of the Pope, and demonstrated the necessity of a national policy. After the revolution of 1848, he supported measures relating to the freedom of the press, the reform of the papacy, eman cipation of the Jews, &c. Under Victor Emmanuel H. he was named President of the Council of Ministers, 11th of May, 1849. In 135'2, he was replaced by his rival Cavour, and has since taken no active part in politica." JUSTICE IN JAMAICA. When the Rev. Mr. Roach was arrested, and the news was conveyed to a daughter of his, the young woman, who is an educated and respectable female, imprudently gave vent to her feelings and gave utterance to language that was very improper in such times. Alin Roach was then in Kingston, where ' martial law did not exist ; she was taken into custody and conveyed to the camp where martial law did exist, her clothes were turned ap, thus exposing the person of a young and virtuous female in the presence of 4.ldiers, and she was dogged on her bare mem—Lyons' Shipping and Com mercial Newspaper, Montego Bay, Dec. 22. GRIM CAL'ItC II TOLERANCE. —Another disagree able incident has been added to the many which have lately oentributed to embitter the relation' between the laity and clergy of the Greek communion. The journal Anatole; in a recent number, in reviewiog the state of society at the prmeot time, observed that young men would du better for their mental condition by mending their morals than by kissing images and bowing to crucifixes in the churches. The Patriarch and part of the clergy considered this 'esteem as implying insult to the observances of their faith, and denounced the article accordingly to Fad Pasha as a bench of the kw of the prams. The Greed 'Vizier, it appears, did net see where the breach was, and dismissed the complaint. Upoa this, the conducton of the Anatole were solemnly excommunicated in most, if not all, of the Greek churches on Sunday last, and the people were warned not to read its articles. A patriarchal circular to Ithe same effect was published yesterday in the clerical journals—Lcrang Herald, Jan. 3. EXPRESS FROM PARIS. (nom ova OWN PARIS, MONDAY EVENING. The only news from Spain is that Marshal O'Donnell has ordered the three generals who have so long been in pursuit of Prim not to catch him, but to try to drive him into Portugal ; and that now the most uncivil Prim won't go there. For three or four days running the Madrid telegraph affirmed that Prim was trying to escape to Por tugal, but that as the Queen's troops occupied all the bridges and principal roads he would certainly be intercepted, and now that the Spanish govern ment, adopting an opinion already expressed in the Paris press, that the very best thing that could happen to it would be for Prim to oroes the Portuguese frontier, he per versely refuses to be driven over it, and has marched in another direction into the mountains. The latest exploits of the three generals Zava la, Serrano, and Echague, who are pursuing Prim by forced marches, consist in the capture of a carriage, a revolver, a mule, and one soldier named Fran cisco Gomez Arices, who belonged to the rebellious Baylen regiment. It must be conceded that the three generals admirably act up to their instructions not to make Prim a prisoner. The opposition journals of Madrid, tired of publishing blank columns, have resolved to suspend their issues alto gether until the crisis terminates one way or another. It isimposaible to know from the despatches what Prim is doing. Campello, whither he is said to have marched when quitting the Tagus, is not marked upon the maps of Spain. It is suggested that his plan may be to countermarch through the Guadaratna mountains to the neighbourhood of Madrid, where his presence would be extremely likely to provoke an irresistible pnmtmeiameatet. A singular contradiction is contained in the Madrid Gazette, which says that the Captains- General of Catalonia, Arragon, Valencia, Navarre, Seville, and Old Destine, report that the most perfect order prevails everywhere, and that *" the efforts made to disturb order are powerless." How can order be " perfect" when efforts are made to disturb it I The Empress lately did a popular act through the Imperial Prince, which naturally fills a certain apace in the newspapers. A soldier of the 3rd Voltigeurs of the Guard, named Anaemia, having re-enlisted in order to send the premium (no leas than 1,500 fr.) to his father and mother, lost the money in a tobacco shOp, and was in despair about it. His comrades got up a subscription for him, but the amount was trifling compared with the heavy loss. The other day the Imperial Prince went up to the colonel of the 3rd Voltigeurs on parade, and put 1,500 fr. into his hand, begging him to give it to Audouin as a present from `• a grenadier to a voltigeur." On Sunday lad the colonel, at a special parade, formed bis regiment into a square, and informed them of the Prince Imperial's generosity. The Pays, at this moment, like the Constitutionnel, under se questration pending the investigation of the heavy charges against the late managers of the united government journals, MM. Grand guillot and Giblet, thinks this event of sufficient importance to devote a leading article to it. The marches and countermarches of Prim, the adven tures of Juarez and Joseph Karam, the travels of Count de Sponneck, and the speeches of Count de Manteuffel, may amuse a frivolous public, and give employment to Havas's clerks, but in the eyes of the Pays they are all trivial and insignificant subjects compared with the gratifying assurance that " he who will be called Napoleon IV., and will reign over our children, possesses heart and tact." I suppose it would be considered ill•natured to say that the child only did what his mother told him, and therefore the inferences drawn by. the Pays are rather strained. It is rumoured that M. Jules Favre, as executor of M. Fiorentino, the dramatic critic of the Moni ten,• and antstitutionnel, intends to bring an action against M. de Villemessant, the editor of the Ev,- , nement, for a series of libellous articles alleging that Fiorentino systematically and habitually levied black mail upon the authors and actors whom be criticised. The Mcmiteur dtt Soie yesterday published a paragraph contending, as the Constittationnel had done before, that the recent convention with Monaco being merely a customs union (oth;ou dettaniere) and not a commercial treaty, does not admit other countries to the benefit of it under the "most favoured nation clause." The French government is evidently ashamed of its own argu ment, for the big Moniteite does not venture to re produce it. A more important question, however, ct.uld scarcely be raised ; and I suspect the diplo matic correspondence on the subject must by this time be very embarrassing. A letter in the Arvenire of Naples says that Francis 11. has broken his leg by slipping down stairs in the Farnese Palace. The following story is told by the Temps, I would be sorry to vouch for its not being a canard : On Saturday evening three mysterious personages entered M. Grosstete's restaurant at the corner of the Passage de l'Opera, and asked whether he would serve a supper in a private room for some " poor exiled Fondant." Although M. Grosstae had probably never heard of Fenians before, he agreed to give a good sapper for 3 francs a head without wine. The banquet lasted from 2t05 in the morning, and was understool to be given in honour of the news that Head Centre Stephens had safely arrived at Boston. When the bill was sent for it turned out that the unfortunate Fenian, who made a bargain to sop for half a crown had drank wine extra to the value of about 201. Poor Ireland. The Bourse opened with some buoyancy, but became flat on a rumour that the discount in London was raised to 9 per cent. Bente closed with scarcely a fractional difference from Satur day's prices. Mobilier fell 7fr. 50c. THE FENIAN TRIALS IN DUBLIN.--Tbe trial of Cornelius 01[ebony, who bad been assistant bookkeeper in the Irish People office, was resumed at the Commission Court on Saturday morning. Mr. Butt baying addressed the ju , ou behalf of the prisoner, the Rev. Mr. Horgan was called and examined to show that Nagle's evidence, as to the certificated by which he had received the situation which he held at St. Lawrence O'Toole's chapel WWI not in accordance with the fact.. Mr. Dowse ' then addressed the jury also on behalf of the prisoner. The Solicitor-General having replied, Judge Keogh summed up. The jury thee (at a quarter to six o'clocck) retired to **wider their verdict. They returned into court at half-past seven, and asked for some papers, adding at the same time that there was little cbanoe of their agreeing. In about half an hour they again came into court, and made a similar statement. They were again directed to retire, their lordships iatimating that they would return at eleven o'clock. Oa their return at twenty minutes to twelve o'clock the jury were still unable to agree, ani the court discharged them. The prisoner was to be again put en his trial yesterday. PATIENT Orncz, 311781171 E, BOOTH KINEINOTON. —Number of visitor, for the week ending Jan. 13, 1,817 ; total number since the opening of the museum Dee daily (12th May,lB6B). 295,020. THE JAMAICA COMMITTEE. The following case has been submitted, on behalf of the committee, to Mr. Edward James, Q.C., M.P., and Mr. J. Fitz-James Stephen. CARL (ET PAM THZ JAMAICA cominTres.) The committee desires to be advised what steps are open to them to assist their fellow-subjects in Jamaica to obtain the protection of the law ; and if the law has been broken, to bring the guilty parties to justice ; and also what steps are open to them as Eoglishmeo to vindicate constitutional law and order, if constitutional law and order have been illegally set aside by the local government in Jamaica. With this are seat evils of the despatch from Governor Eyre to Mr. Secretary Cardwell, of the 20th October, 1865, and also of the address of the Governor to the Jamaica House of Legislature at the annual meeting which took place on the 7th of November. Copies are also sent of such reports of the military officers as have appeared in the Men- Considering for the presentuothingbut these offizial docu ment+, and taking for granted that the statements they con tain are all true, counsel is requested to advise :-1. Wkat is the meaning of the term martial law, and what is the legal effect of • proclamation of martial law? 2. Are there grounds for concluding that Governer Eyre has acted illegally and criminally io the mode in which he states that he has proclaimed and eaforced martial law, and especially in removing the Hon. G, W. Gordon from Kingston to Minket Isay, MA there handing him over to Brigadier. General Nelson to be tried by court-martial! 3. Cold lir. Gordon be legally convicted and punished by court-martial for any act done prior to the proclamation of martial law, or for any act done beyond the boundaries of the proclaimed district? 4. Are officers acting in enforcing martial law exempt from all control beyond the iostruc lions they receive from their superior of ?if not, are there any principles acknowledged by martial law, or by the British constitution, which would render it illegal (a) to continue for several days shooting down men, and frogging men, women and children, and burning their habitations, in the absence of any appearance of organised resistance; ((/) to inflict punishment without or before trial ; (c) to inflict punishment for the purpose of obtaining evidence ; (d) to inflict death for or on the evidence of looks or gestures? 5. In case Governor Eyre or his subordinate officers have been guilty of illegal acts in the course of the late proceedings in Jamaica, what are the proper modes of bringing them to trial for such illegal acts? 6. Are any, and if any what, proceedings for the above purpose open to private persons in this country? 7. The last question hes been accidentally omitted from this version of the case ; but it has reference to a bill of indemnity if one should be parsed by the Jamaica legislature. The opinion of the counsel occupies three columns of the Daily Nora. We subjoin the substance : We may sum up our view of martial law in general in the following propositions :-1. Martial law is the assump tion by the officers of the crown of absolute power, exercised by military form, for the suppression of an insurrection and the restoration of order and lawful authority. 2. The officers of the crown are justified in any exertion of physical force, extending to the destruction of life and property to any extent, and in any manner that may be required for this purpose. They are not justified in the use of excessive or cruel means, but are liable civilly or criminally for sash excess. They are not justified in inflicting punishment after resistance is suppressed, and after the ordinary courts of justice can be re-opened. The principle by which their responsibility is measured is well expressed in the case of Wright v. Fitzgerald, 27 St. Ni. p. 65. M. Wright was a French master, of Clonmel, who, after the suppression of the Irish rebellion, in 1798, brought an action against Mr. Fitzgerald, the sheriff of Tipperary, for having cruelly flogged him without doe inquiry. Martial law was in full force at that time, and an act of indemnity had been passed to excuse all bleaches of the law committed in the suppression of the rebellion. In summing up Justice Chamberlain, with whom Lord Yelverton agreed, said : "The jury were not to imagine that the legislature, by en abling magistrates to justify under the Indemnity Bill, had released them from the feelings of humanity, or permitted them wantonly to exercise power, even though it were to put down rebellion. They expected that in all cases there should be • grave and serious examination into the conduct of the supposed criminal, and every act should show a mind intent to discover guilt, not to inflict torture. By examina tion or trial he did not mean that sort of examination and trial which they were now engaged in, but such examina tion and trial—the beet the nature of the case and existing circumstances should allow of. That this must have been the intention of the legislature was manifest from the ex pression, ' magistrates and all other persons,' which pro vide that as every man, whether magistrate or not, was authorised to suppress rebellion, and was justified by that law for his acts, it is required that he should not exceed the necessity which gave him the power, and that he should show in'his justification that he had used every possible means to ascertain the guilt which he had pun. ished ; and, above all, no deviation from the common prin ciples of humanity should appear in his conduct." M. Wright recovered 500/. damages ; and when Mr. Fitzgerald applied to the Irish parliament for an indemnity, he could not get one. 3. The courts-martial, as they am called, by which martial law in this sense of the word is administered, are not properly speaking courts martial or courts at all. They are mere committees, formed for the purpose of carrying into execution the discretionary power assumed by the government. On the one hand, they are not obliged to proceed in the manner pointed out by the Mutiny Act and Articles of War. On the other hand, if they de so proceed, they are not protected by them as the members of a real mart martial might be, except in so far semis proceedings are evidence of good faith. They an justified in &deg, with any forms, sod in any --manner, whatever is necessary' to suppress iosurrection and to restore peace and the autho rity of the law. They are personally liable for any acts which they may commit in excess of that power, eves if they act in strict accordance with the Mutiny Act and Articles of War. Such in general we take to be the nature of martial law. We now proceed to examine the act of the Jamaica Legis lature under which Governor Eyre appears to have acted, ea we pregame, regularly. The Act is 9 Viet, cap. 30, and is a oomiolidaiion of the laws relating to militia. The sec- The Act is 9 Viet., cap. 39, sect te i or 'palsy wut he we tuitcussiesi , laws relating to militia. The MC. said wViption. •