The Express.
London, England, 1864-12-05 00:00:00

4 ,
THE XCKPRESS, MONDAY w EVENING, DECEMBER 5, 1864.

rejoining GRANT. By handing BF.ACRIGARD and
HOOD over to THOMAS, and initiating a new series
of operations, SHERMAN virtually places a new
Federal army in the field ; and it is reasonable to
suppose that the commanders of the Confederate
armies from which forces to oppose him must be
drawn will have to modify their plans of action In
(consequence.

SOME concern has been felt on scoount of the
reported shipment for England of convicts whose
term of punishment has expired in Australia, and a I
hope is expressed that their departure has not been
permitted by the authorities. There is, however,
no room for doubt on this point. The advice' by
the two last mails show conclusively that the pro-
ject of retaliation in kind is disapproved, not only
by the colonial government, but by the public,
and is merely the work of two or three well-
known and r►ther self-willed gentlemen at
Melbourne. Their declared intention was to
send out the expirees with secrecy, in order that
they might land here before any steps could be
taken by the home government. Only persons
whose pretensions as criminals could bear the
strictest examination, and whose proficiency in the
arts of depredation could be well established, were
to be selected. One part of the scheme has
failed. The departure of the men has become
known, as it was sure to do. In all probability
they will have a few weeks' holiday here, and
then, after observing the changes made in the old
country during their enforced absence, will set
about devising means to get back again. Cer-
tainly, if they should elect to enter upon a re-
newed career of crime, Australia offers them
advantages which they will not Snd in this coun-
try, with its telegraphs, newspapers, and numerous
police. The object of the gentlemen at Melbourne
who have paid their passage money will doubtless
be attained when they have placed the export of
crime in a practical light before the public at
home.

LATEST INTELLIGENCS.

AMERICA.

GENKRAL S 1

EXPEDITION.

The Royal Mail steamship Africa, Captain An-
derson, which sailed from Boston on the 23rd and
Halifax on the 25th ult., arrived at Liverpool
about 6 o'clock last evening, bringing 104 passen-
gers and 37,553 dole. in specie on freight.
The following is the account given by the New
York Times of General Sherman's expedition :

It is not contraband now to state that it i; known General 1,
Sherman will touch at Moon. He has five corps of veteran
infantry—the 14th and 20th of the army of the Cumber-
land, and the 15th, 16th, and 17th of the army of the
Tanners*, worsting in all of over 50,000 men. He has 9,000
picked cardryouider Kilpatrick, and hes thirty days rations,
formanandbeast. Heirs finely equipped revery particular. ,
His scout system and courier line is so complete as to guard
against the possibility even of a failure. The country
through which be goes is abundantly supplied with meats
and bread, and is • sandy country, traversed by but few
streams. If it rains • week on a stretch, it dries up or
soaks down into the clay in a few hours. After arriving at
Macon, he will probably go to Milledgeville, where he will
divide his army, sending a pert of it to Savannah, and •
part to Augusta. He will fortify the latter place, ►nd, after
receiving supplies up the Savannah River, he will be able
to move on Columbia or Charleston. The programme, if
carried out successfully, completely demolishes the
railroad system of the state of Georgia. The
Western and Atlantic wooing from Chattanooga
to Atlanta, 136 miler is almost totally destroyed. It will
take a year to rebuild it, with no inconvenience in obtain-
ing iron. The Georgia Railroad (a state institution, as is also
the Western and Atlantic, and to which the Confederacy
is indebted many millions of dollars), running from Atlanta
to Augusta, 171 miles, is destroyed from Atlanta to Coving-
ton, 41 miles. The occupation of Augusta will add to its
destruction. The Macon sod Western Railroad, running
from Atlanta to Macon, 103 miles, is entirely de-
stroyed. The Georgia Central Railroad, running from
Macon to Stvsnuah, is 191 miles, and this will no doubt
receive Sherman's attention io • few days. From Augusta
to Charleston, is 137 miles. From Augusta to Columbia,
S. C., it is 141 by rail. Mostly all the manufactories for
shot, shell, fixed ammunitioo, and cannon are at Macon,
Augusta, and Columbia. Half the powder the rebels use is
made near Augusta. If Beauregard attempts to intercept
Sherman, or follow him, he must send his entire army,
with all its paraphernalia, by rail from Corinth to Meridian.
It must then march from Meridian to Montgomery, •
distance of about 200 miles, with only • short piece of
railroad, with no memo of transportation, running from
Uniontown to Selma. By the time Bsauregard reaches
Macon Sherman would be out of his reach. Thomas is
watching G. P. T. 8., and is being heavily reinforced (with
new troops). In • week from now Thomas' army will have
53,000 men, beside A. J. Smith, who Is co-operating with
an army of observation.

Brigadier-General Barry, chief of artillery of
Major-General Sherman's army, arrived at Buffalo
on the 19th, seriously ill from an attack of
erysipelas. General Barry, who left General
Sherman on the morning of the 12th at King-
ston, Georgia, says that General Sherman has every
cavalry, infantry, and artillery soldier that he
wants, and is certain of complete SUCCESS. The
men are all in the highest spirits. They have all
received eight months' pay. Their outfit has been
especially adapted to a hard and rapid campaign.
The morale of the entire army " is unequalled."
Professor Goldwin Smith was in Washington, a
guest of Secretary Seward. lie had made a brief
visit to the front.

Provost-Marshal-General Fry bas written to Go-
vernor Seymour, expressing his desire that a more
careful examination should be made in towns and
cities of persons liable to military duty, with the
view of reaching the correct quota for a future
draft. Governor Seymour has issued a proclama-
tion accordingly.

Admiral Farragnt communicates to the Navy
Department intelligence of the capture of the Prue-
aian schooner Poncho Larespa, by the United States
steamer &iota, in October, while attempting to run
into Velasco, Texas, with an assorted cargo. In-
formation has been received from the West Gulf
blozkading squadron of the capture of the schooner
Johanna Hasard, by the United States steamer
Fort Morgan, laden with medicines, iron, &c. The
same steamer also captured the schooner Leone,
with a similar cargo.
Williamson R. W. Cobb. member of the Confe-
derate House of Representatives from the third
district of Alabama, has been struck from their
rolls, because he remained within the Federal lines
and did not come and take his seat.

It is stated that the privateer Tallahassee got
aground trying to run into Wilmington, and was
wrecked, but her guns were saved.
General tirant had paid a flying visit to New
York. He is reported to have said in the course
of conversation :—" The Southern Confederacy is
a mere shell ; I know it ;I am sure of it. It is a
hollow shell, and Sherman will prove it to you."
In answer to a question whether ninety days would
bring the end, he said, " I am not a ninety-day
man, but we shall see what will happen inside of a
month."

THE NEGRO SOLDIER QUESTION IN THE

CONFEDERATE CONGRESS.

Three resolutions concerning the employment
of negro soldiers in the rebel army have been debated is the
Confederate House of Repnieentatives—one by Mr. Cham-
bers, of Missiseippi, declaring that citizen soldiers, assisted
by the co-operation of all classes, would continue a suffl.
cient guarantee of the rights of the States and the indepen-
dence of the confederacy ; a second by Mr. Swann, dealer-
ing that no exigency existed or was likely to exist to justify
the placing of slaves in the army as soldiers ; and thirdly,
the resolutions of Mr. Foote, inoludieg proposi-
tions that a general levy of the slaves for soldiers
is unwise ; that their withdrawal from labour would
be inexpedient so long as we can otherwise obtain as large
an army as we can maintain ; th►t if the alternative be pre-
sented of subjugation or their employment io the ranks,
the latter should be preferred ; that for the uses to which
they are now applied, their ownership by the government,
with prospective emancipation, by the consent of the
Wets, as the reward of faithful service, would be expedi-
sot ; that the number so employed should be increased to
41,000; concluding with a resolution affirming that it was
necessary to have the antecedent consent and sanction of
**States to any attempt ►t conferring emancipation by the
Confederate authorities. In support of his resolution, Mr.
Chambers said :

"The whole matter hinged upon the simple questiou,
' Are we approximating exhaustion!' He would lay it
down as an undeniable fact, that our army was as large to-
-1 day, compared with that of the enemy. as at any time dur-
ing the war. Taking both sides of the Mimissippi, he be-
lieved that the two armies held the same ratio as they did
at the beginning of the campaign. It was said by soma that
our army was diminished by death, by dimes., and by de-
sertion ; but it bad not suffered as much from these causes
as the Yankee army. He confessed that desertions in our
army had been great, but not half so great as in the
Yankee army. There were thousands of men at home,
from the non•execution of the laws, who should be in
the army. The president had said, in his Macon
speech, that two-thirds of the army were absent This
was the subject that should demand the attention of
congress rather than to be made the plea for employing
negro.* as soldiers in our armies. The authorities must be
made to know that when laws are passed by congress they
must be enforced sod obeyed. Unless congress corrects the
Brian of furloughs, and enforce the laws, we will not be
able to drive back the enemy. There are 250,000 men at
home subject to military duty under the present law. Yet
gentlemen lay we are sinking, and appeal to Mein& troops
to save us. They appeal to them to come and help as to
secure our independence. The president appeals to the
sympathy of the negro. He held out to him the
promise of a home. But the Yankee said he would
give him a home and the right of property. The peed.

sf‘eab

dent an offer him no moths which the mow can.
not eerily counteract by offering him a higher one.
To our offer of freedom they would offer freedom and a
home in the South after our subjugation as well se
exemption from military aervioe meanwhile. How did
gentlemen propose to fight negro troop? He hoped they
did not propose to commingle them with our brave whits
soldiers. How would they fight them? Not by regiments
—not by brigades—nor by any corm—but by companies.
Place the migraine in the front—put • company here and •
oomp.ny them—and all mutual rivalry ia lost by the
interposition of this timid material—one line wavers and is
swept away. He was ash►med to debate the question. All
n►ture cries out against it. The negro race was ordained
to slavery by the Almighty. Emancipation would be the
destruction of our social and political system. God forbid
that this Trojan bone should be introduced among us.
The negro (mid Mr. Chambers) will not fight. All history
shows this.

"Mr. Simpson, of South Carolina, sotto too—The Yen.
Ines makes them fight.
" Mr. Lester, of Georgia—Not much.
" Mr. Marshall, of Kentucky—Fill them with whisky
sod they will fight. It is not denied that the negro will fight,
but will be fight well enough to resist the Yaukee armies?
The negro cannot be made a good soldier. The law of his
race is against it. Of great simplicity, of disposition tact•
able, prone to obedience and highly imitative, he may be
easily drilled ; bet timid, averse to effort, without ambition,
he has no soldierly quality. Being adapted by nature to
slavery, as be makes the best of slaves, he must needs make
the wont of soldiers. He could recollect no instance in
the war of '76 where negro troops were used in
regular organisation and regular battle, except the
battalion of slaves which Lord Dunmore brought
into the fight near Norfolk against the Virginia
militia, and in that affair, as we are told by
the historian Botta, `they acted shabbily, sad saved
themselves by flight.' When, in 1793, the English
lauded on the Island of St. Domingo, they found it defended
by over 20,00 troops, chiefly mulattoss and negroes, but
with less than 1,000 mea captured several important strong.
holds, and with less than 2,000 finally seized upon Part an
Prince, the capital of the island. The French authorities,
is their extremity, offered freedom to the slaves—over
400,000 in number—on condition of military service
for the occadon, in defence of their homes, as we
would say, yet only 6,000 availed themselves of the offer,
although these slaves were still bloody from the loan-
,' rectiou of 1790. They preferred slavery to military
service. So in the beginning of this war the negro
escaped at every opportunity to our enemies to avoid work ;
but since the system of negro conscription has been adopted
by the United States government, he now remains with us,
true to the instincts of his race. It is not slavery he desires
to avoid ; it is work in any form, but especially work in the
form of dangerous service.
" Mr. Goode, of Virginia, said he was opposed to the
employment of error as soldiers under any circumstances.
He was opposed to it because it was a confession of weak-
ness to the snowy. He was opposed to it because he
thought it world end in abol.tioonin. He was opposed to
it because it was degrading to our men. He believed the
right place for Coffey was in the corn-field."
The debate, which was founded on the first of the three
resolutions specified above—the rule being that each was to
be separately decided—was not concluded when the sitting
doer I.

(pstrrres Tazonms.)

INSURRECTION IN AFFGHANISTAN.

PARIS, D. 5.

The Paris papers publish a telegram from
Messina, according to which the whole province of
Affghanistan was in full insurrection. A battle had
taken place between the Russians and the Khan
of Kokand, who was said to have lost 6,000 men.

BOMBAY AND MAURITIUS MAILS.
DLLltsErr.r.rs, Dm 5.

The Syria, with the above mails, reached Mar-
seilles at 7.30 a.m. to-day.
The mails leave for London at 11.30 a.m.

WEATHER REPORT.--(THIS DAY.)

MONDAY. MACOMB& I. A A./L

6. T. W. V. Rx L. L a.. B.
Nano 129.67 &W. 51 2 9.W. • 6.0 2
Aberdeen - 4 A 0.64 08 8. 1' 7 SE. re 1
lath ,10.0654 W. 2 6 9. to 6.17 1
Ardrossan 2177 52 W. 3 7 B. W. 0 '4.10 4
(hueecastbs '6276 W.S.W. 2 6 B. W. to 16.21 1
Galway 49.85 47 W.L W. 21 4 SAW. ra .121' 1
Valenti& .
Cape Claw: — -I - -I— I -
Queenstown. 2691 11 KW. 2, 6 B.W. WO .0.20 1
LIV011)001 8787 152 S.K. ' 6 LOW. oOn 1
Rolybesd 29.80 52 8. 18 , 8. r , 0.81 4
Pembroke._ 20.02 52 S.W. 16 ! LW. 0 Alfa 4
Pennon 10.1162 B.W. j& r LW. •1— ! 4
.
!6 . LOW. foe 4
L'Onent 20.20 V L 4 ' ILL b, 2
Roch•fort 30.24 34 R I 4 i L b' 2
Plymouth 30.13 51 P.O.W. 7 LW. 011 -. 1
Weymouth 00.1551 LW. i 4 ! B.W. 00 —! 3
Portsmouth 31717 47 B.S.w, • 4 ' S.S.W. oe 2
Inadon ... 30.15 46 OW. 5 ' L W oc
Dover 30.20 48 W. 9 W. 7 • S.W. oc I— , 6
Tunionth 30.07 46 W.B.W. 4 &W. MO 3
Scarborough 29.91 50 6.W. 6 ; LW. 0 4.32 $
Weide 5.550 W.S. W. 4 W.S.W. em 1
Heligoland 30.14 41 B.W. 8 9.9. W. owl 0.08 6

PIOSAIL2.
TVICSDAT. CO NO WIPI
W.S.W. toS.S.L, fresh COMM S. S. E. t
W stroll& with Mill. ILTOIII.
moderal
places.
S.S. It. to W. N. W., Waynac S.W.
strong, with rain. a gale i

tAlually to
a, ra'•n to

1. W., strong,
si gaud. to
showers.
S.E. to a, W. and W., 80171.81:111. As next above.
fresh to strong, rain
in places.
As next above.

Zairian. S.S.E to W.N. W.,
rash to strong, rain
In places.
Northern=Scotland. Weatarrmirehuld, Wads. and ad*
ern tea. Soutbern=inglish Channel and Nay (dam:. ltastorn
=Boatyard Magloul and North Sac

THE BISHOP OP EZEPER.—We are authorised to
contradict the statement which appeared in the columns of
one of our contemporaries last week that the Bishop of
Exeter is about to resign hie see. His lordship, who is in
his Fith year, finds his bodily strength unequal to the
teak of visitation, but his mental powers are unimpaired,
and he continues to devote himself to the euperintendeece
of the spiritual interests of his extensive diocese with his
old energy and with untiring seal.— TUNAS.
The sculptured works connected with the Prince
Consort manorial. in Hyde-perk, are very extensive. They
will alt be executed in Sicilian marble, the same as th►t of
which the Marble-arch in Hyde-park is constructed, and
which appears to stand externally in our climate better than
any other description. Its colour is not pure white, but it
is sufficiently so for externs! works. The larger works will
be at the lower angles of the pyramid of steps, and
the groups of figurer will represent the four quarters
of the world. Mr. M'Dowell bee in hand the group
of Europe ; Mr. Foley has Asia ; Africa has been con-
fided to Mr. Theed ; aed America to Mr. John Bell. At
each angle of the podium, and h►ving a cluster of granite
columns at the beck, there is also a marble group, though
somewhat smaller in dimensions. These groups are—Agri-
culture. which has been given to Mr. ('alder Marshall ;
Manufactures, which Mr. Weeks boa in hand; Commerce,
which has been given to Mr. Thorneyerolt ; and Engineering,
which is from the deign of Mr. Lawlor. On the upper
portion of the shrine will be figures of the virtues, the arts
and @ninon' idealised, which are to be executed in Sicilian
marble by Messrs. Philip and Armistesd.

A meeting was held in Stevenson-square, Man-
chester, on Saturday attarDooo, for the purpose of consider-
ing the distress, and proposing means to amend it. The
real object. of the matting will perhaps be better under-
stood by the wooed resolution, which called upon her
Majesty's government " to nee their ineursoce with France
and other European powers to bring the belligerents
together, in order to stop the vast destruction of life and
property now going on in America." An amendment in
favour of complete neutrality in the American war wee
proposed, and the meeting terminated, as is not unusual
with these gatberiaga, in • dispute u to whether the
amendment or the resolution was canted. The meeting
WAS, however, • very small affair, the speakers were well
known in connexion with similar aranablies, sad the pro-
ceedinp excited the sm►llest possible interest.

During the last week or two a philharmonic
society has been established at Edinburgh, the chief festers
of which is the engagement of an orchestra of sufficient
strength and proficiency to do initial, to the symphonies,
overturns, and other orchestral works of the great masters.
Mr. John Mullah bee been engaged to conduct the first
yeses iionarta

LAW INTELLIGENCE
(TDB DAY.)

EQUITY COURTS.
(Before the Lord Chasesller.)
SZCILELy,IAPHAZU 7_JUDGIMICIIT.

This was an &Pea- from Vice-Chancellor Wood. Early
in 1860, A. W. balm the owner of three estates in
Ceylon, called Tame, Pennine, and Pallamoottat (subject
as to Tulloes toe mortgage of 1,5001. to one Alvan, and as
to Pallagalla for 2.000/. to one Duff), and his i.ondon
agents being the defendants, Raphael and Gardiner, mer-
chants, at Colombo, in Ceylon and in London, he drew
bills for 5,0001. on them, with they accepted ; and in May,
1860, he applied to the Chartered Mercantile Bank of India
to take up the bills on hie giving security on the estates,
and they agreed to do so, the security consisting of • bred
for what should be due, binding Heals and his heirs for pay-
ment of the bills, /sc. It was agreed between Raphael and
Co. sod the bank that the bond should be for Raphael and
Co's. benefit, and the bank executed • deed of covenant to
carry that out according to Ceylonese law. In June fol-
lowing Heals gave security cm the estates to Raphael and
Co. for the balance on the current account, and died in
August, 15,0001. being then due to them on such account,
and in September Raphael, being at Ceylon, took a
transfer of given's mortgage. According to the law
of Ceylon a mortgagee has power to have the pro-
perty mixed and sold by the fiscal, the purchaser
becoming the free and absolute owner, and it often hawms
that the mortgages himself purchases, and accordingly
Raphael in October bought the Tulloes estate for 1091., and
mortgaged it to Messrs. Roberteon and Christian for 2,0001.
In September previously Gardiner, being in England, bor-
rowed of Messrs. Miller 2,7501., and charged it en all the
Ceylon estates, with • further charge of 1.3001., making
4,0501. in all, and Raphael in October and November had
notice of these transactions. In November the bills drawn by
Heals became due, and the defendants arranged with the
plaintiffs, who were their creditors., for 1.8291., and Messrs.
Miller by an instrument dated October 27, 1860, that the
plaintiffs should Mod the defendants 5,000/. and renew the
hills (constituting their debt) for two years, the defendants
transferring the bond to them, and the hereditament& com-
prised in it, Miller and Co. to execute a mortgage to be as-
signed to the plaintiffs to secure their debt, and they to
have priority up to 1,0001., the bond to be • first charge.
This agreement was not, as it ought to have been, according
to Ceylon law, executed in the presence of a notary. The
5,000/. was paid to the defenta' account at Smith,
Payne, and Co.'s, and applied to pay the acceptances in the
bands of the Bank of India, and Gardiner gave them notice
to transfer their bond to the plaintiffs', and the notice was
acknowledged by the hank and sent to their manager at
Colombo. In December Raphael mortgaged the Tulloes
estate further to Roberteon and Christian for 3,500/., 2,0601.
of which was applied in paying off the Millers, and executed
simultaneously a charge on all three estates to the Millers
to secure their balance. Raphael had no notice of the ar-
rangement with the plaintiffs till December, he being at
Colombo. and got possession of the bond from the bank,
who were adviaed that the notice was informal. Shortly
after Raphael paid off the Millers by • loan and trans-
fer to one Shied, and bought the Pallamoottat estate.
for 1001., and mortgaged them to Shand, from whom he
also borrowed 3,000/. and bought the Pallagalla estate, and
mortgaged it to him in the same manner. Under these
eir-
cumsaocee the plaintiffs filed their bill to perform their
agreement and establish their charge, and for an account.
Subsequently Roberteon, Christian, and Shand had pur-
chased the estates of which they wen mortgagees. Vice-
Chancellor Wood held that the agreement mast be per-
formed, and decreed an account, and thought that Ro-
bertson. Christian, and Shand were purchasers without
notice, and the bill must be dismissed as against them, se
also with regard to the bank. A portion only of that deer-
slot relating to the equitable sanument of the mortgage
was appealed from. . . . . _ .

l'hei,Vie-i-ra; argued in the last term by Sir H. Cairns
and Mr. Bateman for the plaintiffs; and Mr. Role and Mr.
Bo for the defendante.
The Lord Chancellor now delivered judgment, sod stated
that in his opinioa it was proved by the evidence that the
instiumeet of October, 1860, was not executed according to
the law of Ceylon ; and that being so, it would become a
coated in the eyes of the law of Eng.
=3,eal and would be In the nature of a trust ;
and according to the principles of this court
there was a valid assignment in equity of
t.!.iclisower to transfer the mortgage. Although this
be the result of our law on examination of the law of
(lulu, it was in evidence that this contract could not con-
stants the plaintiff's assignees of the mortgage, or give them
any interest in the estate,. The course pursued by Raphael
in de maridiog thelned and title deeds was in conformity
with the law of real property in Ceylon, and the demand
could not be resisted by the bank, and they accordingly de-
livered them up. It was on this transaction that the
demand of the plaintiffs wee made against the
bank, and the present suit founded against them,
as trustees of the bond and title deeds. But he (the Lord
Chancellor) was of opinion that those documents were
taken from the bank by a greater and better title than that
of the plaintiffs, and the bank did not do so of their own
accord, but were compelled thereto. There was therefore
no breach by them of the law or of contract. and It was
owing to the neglect of the plaintiffs, who did not take
Use proper legal comae imposed on them by the law of
Ceylon, and which would have enabled them to resist
Raphaers demand. He was of opinion that the cue
'pleat the bank entirely failed, and that the bill was
rightly dismissed against them. As he based his deeisiou
on this ground it was not necessary to go Into the other
parte of the case. The appeal must be dismissed with costs.

(Bofors Via►Chaooallor Sir W. P. Wood.)
EAST TAUT DO MIXING CGMTANT V. lITERTWEATIII3I.
. .

In this cuss •motion was some timeleseinatie to take
• bill off the file op the grotiod that it was filed without
the sanction of the court. The motion stood over to see
what the court might do upon it, and it was • few days
moos reoewed. Upon the renewed motion it appe•rd that
the shareholders on mestieg were in favour of the bill, bat
that a director by mesas of proxies turned the scale. Upon
the renewed motion it was urged that the director ought
not to have voted or used proxies on the question, he being
4iterested in the subject matters of the suit.
The Vice Chancellor was of opinion that the questions
io this suit were not such u to preclude • director from
voting. Consequently the resolution actually come to was
• binding one, sod the bill must be taken off the file. He
had the less difficulty in coming to this coaclusioo, sa he
believed the subject matter in dispute would be satisfac-
torily decided by arbitration.