The Express.
London, England, 1864-02-13 00:00:00

THE EXPRESS,' SATURDAY EVENING}, FEBRUARY 13, 1864.

guarantee than the secerity Austria and Prussia would Lave
is a formal diplomatic' segegemest by Denmark made in
the presence of the other powers, who would be witnesees of
that eniganiernent, and thus there would be • greater moral
obbgauon on Denmark to make it good than would othis,
wise have been the case. (Ohms.)
THE ALLEGED ARMLSTIOE.

Lord R. CECIL asked the aelits viscount if it was trim
that an armistice had ban proposed by the English govern.
meat on the boa of the ovisuatioa of 3leewig, barriog the
Wand of Alms.

Lord PALMERSTON—Yee. Her Majesty's goverment,
in connexion with France, Roads, and Sweden, and with
the coneurreene, I believe, of Austin, have ingested such
an arrangement to Prussia, bat I don't know with what
moose.. (Chien.)
CAPTURE OF BRITISH SHIPS BY AMERICAN

r which the nettle lard dealt with public questions in the
ham did set entitle him to such • mirk of their confi-
dence. (" Oh, eh,' from the opposition.) The opiaion of
the mercantile community in a case of this kind, depended
upon the views eotertained an the Amortise contest by
Ihaa who expressed that *Moe. Those of the mercan-
tile commuefty who were in favour of the contraband trade,
and who disliked the Federal government exercising the
power which justly beloved totem, would be exceedingly
dismatisfied with the statement of the Attorney-General
On the other hand, thine who looked with disfavour on the
contraband trade, and were adverse to the government
interfering In any way in the American °onion, would be
perfectly satisfied with the mods in which the ques-
tion had been dealt with by the government.
They did sot expect the government to take up
every case of this kind, sad without inquiring into
its merits to at once demand untidy:lion, or threaten re-
prints. They considered that the Federal govern.
moot was • government which wee entitled to re-
spect. (" Oh," and laughter.) The United SUMS were
governed by laws similar in many respects to our own. They
were governed by men of education—(s derisive laugh)—
they were governed by men as well calculated to give expres-
sion to the feeling of the people as any other government.
(Hear, bear.) It was now said that the Ea rlish gore-meat
had disregarded their duty, because they did not force these
matters to an immediate end hasty decision, and put a pres-
sure on the American government. He, for one, did not
concur in that opinion, and he thought in saying so that he
carectly expressed the views of the aarcantile community.
(Hear, hear.)
Lord J. MANNERS said, that coupling the observations
of the hon. member who had just spoken from the beech
immediately behind the goveremeat with what fell
from the Attorney- , it would appear that
on the present occasion the House of Com-
mons was smiting at the funeral rites of that
historical personage—civis Romano.. (losghter.) Oould
they be @exposed if • feeling were growing up in our
colonist dependencies that the English govermseet were not
so energetic as they ought to be in renions&ating against
these outrages Under the circumstances, unless them was
a more vigorous and manly protest than bad been heard from
the Attorney-General, that feeling would go on increasing.
He agreed with what bad fallen from hi noble friend the
member for Stamford, who, he thought, had done good
service by the clear, energetic, end manly declaration which
he had just made. (Hear, hear.)
Mr. G. BENTINCH could sot agree with the hoe. mem-
ber for the City of Loodoa m the eulogy be bad pronounced
on the general conduct of the Federal government, nor did
he believe that it would be endorsed by the general opinion
of the country. It was only by stream armaments that the
honour of the country could be maintained; and let them do one
of two things—either put those 'memento In a proper con-
dition, or have the discretion to hold their tongues. (Hear.)
Lord PALMERSTON—I hope, after the dimension which
has taken place, the boo. member for Horsham will not
press his motion to • division. The greater pert of the
paean moved for relate to questions of law still pending,
or to questions ceder discussion between the two govern-
ments, and, as stated by my boo. and learned frieed the
Attorney-General, en Injury even to the parties concerned
would arm in some cues by the premature production of
the papers. We have heard this evening the cuckoo cry
raised 111 this house by those who rely rather on general
assertion than on particular proof that her Majesty's go-
vernment are in the habit of bullying the weak and truck-
ling to the strong. I entirely deny that assertion. Her
Majesty's government are anxious on all excisions to assert
the rights and dignity of the country, but they
must be guided by the circonistmoss in each case
as to what method may be best adapted
to aooomplish that purpose. I deem it right, however,
to my, with regard to the government of the United
that I confirm what has been stated by my hen. and
friend—that we have so season to distrust the equity and
independence of the Wittman of the United States which
hem to try gustier of this Eaton. (Hear, hear.) And
it is due to the government of the United States to eay that
they have invariably received our applications with respect,
equity, sod justice ; and I will give the hones • proof that
whet* we had a strong cam of reesonstraaos justice was does
to us by the government of the United States. I refer to
the ems of the Frent, in which the government of the
United States very handsomely and properly did *doe in
regard to our demands, our right to make which
they could not deny. Therefore I ay that it
is prejudicial to the good understanding between
the two governments, who are on good terms
with each other, that we should hem accuse • foreign govern
moot of that of which it is not guilty, sad express distrust.
in their equity sad fairness, which nothing which has oc-
curred can justify us in doing. I have only felt it right, in
respect to the government and tribunals of the United
States, to bear my testimony that the aocuestions sod impu-
tations cast upon them are neither just see seen be founded
on anything which has occurred es regards the eirettrustances
of which the noble lord opposite has spokes.
Lord LOVAINE did not think that the conduct of the
American government in giving up the pus"' who wars
illegally seized on board the Treat was particularly cour-
teous to this country.
Sir J. WALSH said be thought they ought not to
waste one ussecessary day, or one nummesary boor in
claiming fun satisfaction for the murder of • &huh subject.
(Hear, hear.) That murder was committed in the month
of October last, and there was ample time foe proper re-
presentation to have been made to the Anefielle govern-
ment, and for information to have arrived as to the steps
they proposed to take. He should like to hear from her
Majesty mundane, not only whether they had been in com-
munication with the American government upon the 'abject,
but also what steps, if any, that government had taken to
satisfy their just demands.
The SOLICITOR-GENERAL agreed with the hon.
baronet who had just spoken that the question of the
capture and coaderunation of the vessel was a totally dif-
ferent question from the murder of the mate. That the me
was a question to be dealt with by the prise earn, the other
was • criminal offence, and one of great enormity, if the
information which had been received by the government
was correct. It was true the American officer said that the
death of the mate was the result of accident, but that was
an explanation which it was very difficult to receive. He
assured the bon. baronet that there had bees so delay on
the part of the government is making representations upon
the subject. He could not at that moment give the
dateof the supposed murder. but he could say that the first
[reformation the Attorney-General end himself had
received of it reached them about three weeks
ago. They thee lost so time in advising the government
theta demand should be made on the government of the
United States, to the effect that the offender should he pat
upon his trial. They had not yet received an answer to the
application which was in consequence midi.. .end to the go-
vernment of the United States, but they expected me by,
perhaps, the next mail That was the state in which the
gumbos at present stood. He was somewhat su to
beer the noble lord the member for Stamford ( Robert
Cecil) declare that this country had been stormily humi-
liated and disgraced bosom we had sot required that
the murderer should be brought to trial. He wanted
to hear from the noble lord the alternative he would
to save the honour of the country ; but the noble
suggested no alternative He supposed that the noble lord,
if he were the adviaer of the government, meld have re-
' commended some stronger measure than that which had
been adopted. He was at a loss to know what that mea-
sure could be except the hanging of the offender without
• trial, or perhaps the instantaneous bombardment of New
York. (" Hear, hear," and laughter.)

Mr. MALINS was very glad to beer the statement just
made by the learned Solleitor•OeneraL That statement re-
lieved the hones from a difficulty Le which it was placed by
the speech of the learned Attorney.GenetaL There was a
complete difference between the seizure of the venal and
the most wanton and barbarous murder of the mate. He
now knew that a demand had been made that the murderer
should be brought to justice, but be collected from the
Attorney-General that the government were satisfied with
an expression of regret for the cocurrenoe.

The ATTORNEY-(GENERAL begged leave to explain.
He stated distinctly that the government bad demanded
that the °Reader should be put upon his trial. (Hear.)
Mr. MALLNS resumed. He bad listened attentively to
the speech of the right boa and learned gentleman, sod all
he had collected from it upon that subject was that Captain
Baldwin bad expressed regret for what had occurred, that
others bed also expressed regret, and that the Amencon
government had behaved in • very handsome manner, bat
that there wan reasons why the men should not now be
laid before the house. He now heard with great pleasure
from the Solicitor-Geseral that her Majesty's government
had without lose of time made admitted upon the American
government that the offender should be put upon his trial
for the offence which be had committed.

Mr. fi FIZOERALD said he wished to say one word of
explanation. The noble lord at the head of the government
seemed to think that be bad moved for the papers with a
view of 'ceiling blame on the American government. He
had expressly guarded himself against doing so, sad bad
stated that his oily object was to obtain information wit►
respect to the course that had bees punned by the govern-
ment of the United States. Under the circumstances, be
would not pronged further with the matter, but reserved to
himself the right of again laying the ease of the Semis be-
fore the house unites he should find that steps were taken
for its satisfactory settlement.
The motion on the paper was then withdrawn.
DANGER OF FIRE LN THEATRES.

Sir W. FRASER one to auk the Secretary of Stake for
the Home Department whether the Lord Chamberlain would
grant bosoms to theatres is which no adequate proviaion
was made for escape io ease of fire.
Sir G. GREY said le considered the rabieot brought for-
ward by the boo. baronet was ate of great importance,and
respected all buildioge in which great multitudes of people
assembled. It was most desirable that improved modes of
scram should be provided, whatever three buildisp might
be. With regard to theatres, they were no doubt more
liable to fires than churches. The act to which the Lon.
baronet referred gave the Lord Chamberlain the power of
making raise to be observed in theatres. The Radios of
the Lord Chamberlain was to make the lionises annual, so
that he had power periodically to withhold the lionise in
COM sufficient precautions to afford serape for the public is
case of fire ware not adopted. le the year 1853
the then Lord Chamberlain required the manager of
each theatre, before be received • Emma, to for-
nialt a certificate as to the safety of the
structure generally, mid u to the means of mime in caul of
alarm. Two years afterwards, that errarigemeot not having
been thought sufficient, t►e Lord Chamberlain laid down a
rale that annually, before the Homes was granted, an in-
wadies of the whole bedding elashl take Oros by cese of

his own °Seen, accompanied by a surveyor, and that a writ-
tee report should be made to him as to the condition of the
building, including the means of epees and the pretentious
adopted agates& Sze. The result of those measures was
that very great inaprovenieeli had takes place a all those
mattes, in which the safety of the public war concerned.
He believed that the means of imam were at
present much greater in theatres than in any
other public buildings to which people resorted in large
numbers. The doors were all stria.* doors, opening each
way, end thus the greet danger arising from doors opening
inwards only was avoided. Some diMoulty arose from the
narrow frontage of many of the old theatres ; but with re-
gard to new theatres, the Lord Chamberlain required, before
the license was granted, that plans should be submitted to
him for his approval, and he invariably refused a license in
any case in which he did not think the means d eines were
sufficient. He had also disixoutinned the mode* of granting
000ssional licenses for the performance of plays in buildings
which, not having the regular appliances of theatres, were
exposed to greater danger of fire. The attention of the
Lord Chamberlain continued to be directed to that im-
portant subject, smiths (Sir Geo. Grey) hoped that ultimately
adequate means would be provided for the tasty of the
public in all buildings under the superintendence of she Lord
Chamberlain. (Hear, hear.)

lab inttittysta.

COURT OF COMMON PLEAS. —Fix. it
Siblings at NW Prim in Middle's:L—(B9ton Lord Claist
Judder Mr and Sporiel Jam)
REM AND ANOTHER V. CLAYTON AND WTYL—NzczeaLans

Tkis was an action ic;relo;e7.76/„ the amount of a
radiator's bill of costa incurred by Mrs. Clayton ;no is
answer to the plea that the lady was an infant at the time
the work was done the plaintiffs replied that their claim
was for "necessaries." _ _ .

Mr. Gray, Q.C.. and Mr. Skively Hill appeared for the
plaintiffs ; and Mr. Huddlemoo, Q.C., and Mr. Inderwick
for the defendants.
Mr. Gray said the plaintiffs were solicitors at Gloucester,
led the first-named defendant was formerly • captain in
the 13th Light Dragoons. 1.0 September, 1862, CaPtki•
Clayton married Charlotte Mary Henrietta, the daughter of
' Colonel Somerset, and settled upon her 10,0001., and 1001. a
par for pin money, these sums being charged upon some pro-
wty over which Captain Clayton had power of appokrtmeat.
Colonel Somerset end Mr. Granville Somerset gave the
plaintiffs directions to act for the lady in reference to
preparing the settlement ; and they co neatly put them-
selves in communication with Mr. Barnard, Captain
Clayton's solicitor. They asked as to the title of the pro-
perty upon which the 10,0001. was to be charged ; and
added that the pra...-tice was that the lady's willies pre-
pared the settlement, whilst the gentleman had the plea-
sure of paying for it. Mr. Bustard did not agree as to the
practice being se stated, especially when the lady brought
no money into the settlement ; but the question having
been referred to Mr. Cookson, he decided that the plain-
tiffs ought to prepare the deed ; and accordingly they did
the work. Early in 1863 the plaintiffs sent in their bill of
oats to Captain Clayton, but before that tines
some unfortunate circumstances had accursed which,

without any imputation upon the lady, led to
her returning to her lather. In answer to their
communication Captain Clayton wrote to the plaintiffs ou
the 23rd April :—" I did act retain you to act for me, and I
must &dies paying you." The plaintiffs, upon this, were
at • lose bow to proceed, but it was suggested that ea Colonel
Somerset had given than instructions be should pay them,
and then that an action should be brought in the colonel's
name spinal Captain Clayton. Colonel Somerset accord-
ingly sent the plaintiff. a cheque, and an action was cow-
mewed in his name. !thereat& it was doubted whether
this was the proper coons, and the proceedings were discon-
tinued, the money returned to Colonel Somerset, sad the
present proceedings oommeeoed. Under thews circumstances
he (Mr. Gray) did contend that though Colonel Somerset
and Mr. Granville Somerset were the persona who had
actually given the plaintiffs instroctioes, still that there
was an implied request by the lady to the plaintiffs to act
for her.

The Lord Chief Justice suggested that the question was
owe of law, and that the circumstance; should be stated in •
special case for the opinion of the wart in bum.
Mr. liuddleston rid that Captain Clayton bad employed
his own solicitor in the matter, and he bed made a hand-
some settlement upon his wife • but no doubt, if unfarte-
este &ammeter e bad not arisen which led to the @opera-
tion of this - '‘. Msar• Hi' ' would have boor

wits young couple, Messrs. Helps have an
paid. It was much to be regretted that the matter should
be talked of in a public court, but under the circumstances
Captain Clayton felt justified in saying to the plaintiffs. " I
employed my own solicitor ; Colonel Somerset employed
you, and he should pay you." le the very first letter which
the plaintiffs wrote to Mr. Barnard they mid. "We are
instructed by our client, Colonel Somerset."
After some further observations a verdict was taken for
the plaintiffs by coosest, subject to the opinion of the court
upon a special case.

COURT OF PROBATE AND DIVORCE.
FIB. 12.
(Briars te. Judge Ordinary.)
TWZLLN e. CLAW AND 0111138.
-

This part-heard testamentary snit wu resumed.
The jury, without bearing Mr. Huddleston, Q.C. (with
him Dr. Swabey), in reply, found for the will.
Mr. Huddkaton then said that his client rejoined et the
opportuoity the trial had slanted him of rebutting the
aspersions which had been asst upon him ; end, fishing as
be did that Clarke was only put forward by other interested
parties, he should have no objection to allow his casts oat of
the estate.

-Sir J. Wilde
said that that was a very geoeromi offer.
There had perhaps clever bees a will mom improperly ems.
tested ; and if be had been aaked to do so, be shoald cer-
tainly have 000demned the defendant in the costs. He
should certainly Dot order him his omits out of the (elate,
but he would decree probate, and leave him to the libera-
lity of the plaintiff.
Probate accordingly.

COURT OF BANKRUPTCY.—Faa. 12.
(Bofors Mr. Cosoraiodooor Holroyd.)
1.3
- -

The bankrupt wasde;er iiiiii-erei7rchant, of Lesdenhall-
street, late of Itsaingball-street. This was the sitting for
examination and discharge. The accounts show liabilities
at 3,1001., with no meets.
It appearing that the bankrupt was undergoing sentence
on a criminal charge, an aclionnuneat was ordered./

THE POLICE COURT&