The Express.
London, England, 1863-05-26 00:00:00

erpretsll.

TO 001111.ESPONDENTS.
ildverthemeatt Intended for 'the Etyma" London Evening
Pawr, mast be at the Oleo, 10, Boom...street, by Two
diaock on the day of oublioatloo.

UAV ARKET.
THIS Emineo, BOMI;OWING A FITSBAND.—FINESSE.
Messrs. A. Wigan, Howe, Burkatune, Gordon. and Farrell
;
A. Wigan, Mrs. Wilkins, Nliss L Angel, 111111 Miss Y. Wright.—
SCCISSIONE AT HOME„—And MY HUSBANIYS OIiOST.

-
LYCEI-11.
Tars ErEllira, A SUDDEN ATTACK. Kamm Short sad
Wfddloomb Mimi Mande sod 31ra. Les.—And HIE MOM
MOTTO. Beam. F,chter, Shore. Brougham, sad B.aymoud
lliarea C. Lidera% IL Tent, and Elaworthy.

BRITANNIA.
Twl Immo, IHE WIDOW AND ORTHANS.—FAITII,
HOPE, AND CHARITY, with Professor Popper adaptation ot
Mr. Dirtlitra oPECTItAL ILLITSION.—And AURORA WYD,

HIGH WATTA AT LOAM! BILIDGI.
TKO DAT —Vortilmi. 7b 301......A1ber0005. Bh. OIL
To4rBaow—ldoestem. S. Abs.....Atlereara. 90. 7s.

LONDON, TUESDAY, MAY 26.

quired. Feeling the responsibility which will lie •
upon them, Government has accordingly taken
power to supplant colonels and majors by men
better fitted for their duties. But the admission
thus wrung from them only raises two questions
more. The first is, why, if it is contemplated
that there may be majors and colonels
too ignorant to be permitted to lead their
men in time of war, these same officers
should be permitted to hold their places in
time of peace 4 The second is, whether none are
ignorant but mounted officers ; or whether a
blunder by • captain, or even a subaltern, may
not be as fatal to the nation as if made by a
major ? We commend thee° two inquiries to the
consideration of the War Office and of the Volun-
teer body. The whole evil arises simply from the
preponderance of influence, of titles, and wealth
over energy and capacity. It is to save the feel-
ings of noble commanding officers that the in-
spectors forbear to put them to a really searching
proof of their knowledge, and of necessity, there-
fore, must avoid inquiring into the competency
of their subalterns. Government, as we have
seen, knows the facts well enough to shrink from
the responsibility of leaving such men in command
should the force be called out for actual service ;
but it shrinks equally from the course of requir-
ing them now to qualify or to resign. This state
of things will continue so long as the country and
She Volunteers themselves do not think fit to re-
monstrate. But it is so utterly rotten, so weak
while yet so hurtful, that it could not survive an
hoar, save through the ignorance of the public,
and the growing indifference and listlessness
which it has itself engendered among the Vo-
lunteers. The best result of the Commission will
be the issue of this Bill, which contains so em-
phatic a declaration of the knowledge and confes-
sion of the powerlessness of the War Office.

Ebt Coun.

WE are not sorry to observe that a committee
has been formed (sitting at the Whittington Club)
for the purpose of watching over the general
interests of the Volunteer body, as affected by
the Government Bill now in Parliament. It is
unfortunate that an institution so eminently
national, the strength of which is above all in its
rank and file, which numbers in that grade so
many of social standing equal or superior to that
of their commanders, should hitherto have been
represented almost exclusively by persons holding
commissions. The Volunteer Commission included
no privates; of some thirty or forty witnesses whom
it examined only two were privates ; and, as a
correspondent at the time informed the public, it
refused to hear the statements which privates
offered to lay before it. It is true that the best
possible feeling and fellowship exists as a rule
between officers and men. But the rule is at
least subject to exceptions ; and when we find,
as in some instances, that officers exclude
privates from the social recreations which take
place in the name of the corps, it is impossible to
deny that the officers may fail in faithfully reflect-
ing the wisbee and spirit of those with whom they
decline to associate. Even, indeed, in eases which
are len exceptional it must be admitted that the
ranks cannot depend on being fairly represented by
those who are above them. If a grievance exists,
if there is any real or fancied cause of complaint
against an officer, he either does not hear of it at
all—in which alternative be is most excusable in
failing to represent it—or if he hears of it he
either retires from the service, or resentfully defies
it. What possibility is there in any of these cases
that he will, while holding a commission, beable to
do justice to the real sentiments of his men
Therefore it is not wonderful that a commission

BALMORAL, MAY 23.

The Queen, accompanied by Princess Helens,
and attended by Lady A. Bruce, went out (hiving this
morning.

Princes Louise went out siding.
Prince Arthur arrived at the Castle, attended by Major
Elphinstooe.
Dr. M'Leod arrived at the Castle.

The Prince and Princess of Wales, attended by the
Countess of Macclesfield and Major Teesdale, visited the
International Dog Show at the Agricultural-hall, Islington,
yesterday morning.
The Duke de Chartres paid a visit to the Prince and
Princess of Wales, at Marlborough House.
The Prince of Wales, attended by his Equerry in Wait-
ing, rode on horseback. The Princess of Wales, attended
by her Lady in Waiting, took a drive in an open carriage.
The Prince and Princess of Wales dined with the Duchess
of Inverness in the evening, at her residence in Kensington
Palace. Their royal highnesses were attended by the Coun-
tess of Macclesfield and Major Teesdale.

A meetiag of the Council of his Royal Highness the
Prince of Wales was held yesterday at the office of the
Duchy of Cornwall. Buelriosibam-gate, St. James's-park.
There a ere present Sir William Dunbar, Keeper of the
Privy Seal ; Colonel the Hoc. Sir Charles Beaumont Phipps,
Receiver-General; Lieutenant-General Knollys, Comp-
troller of the Household of his Royal Highness, and Iced
Portman. Mr. Bateman, the Secretary, attended.
Despatches ware received yesterday at the Colonial-oglos
from the Governors of Gibraltar, Malta, and from the Lord
High Cceimekoner of the /011ilii Islands.

The Archbiehop of Canterbury and the Misses
Langley have left town for Addington Park, Croydon, for
the Whitsuntide rases.

The Earl of Dudley gave hie first ball for the
season hat night at Dudley House, Park-lane. A numerous
party wee present.
The Duke and Duchess of Marlborough come to
town to-morrow from Blenheim Palms, near Woodstock
' The parties for which invitations were imusd were put off,
owing to several of the junior member' of the family being
attacked by scarlatina. Having quite recovered, the duke
and dauber are now enabled to receive company. We un-
derstand that the Marquis of Blandford is about to enter
one of the memento of the household cavalry.

thus unfairly composed and thus imperfectly in-
formed should have been unable to discover that
there was any ground for dissatisfaction
with present arrangements, and should have deemed
that a guinea a head and • relief from half the
required number of compulsory drills was all that
was wanted to inspire universal contentment, and
to sevive languishing patriotism. And so it
happens that when the groundwork for these con-
cessions has to be laid by • bill in Parliament,
Government adopts the opportunity afforded by
"consolidation" to introduce provisions of which the
least that can be said of them is that they are just
half • century out of date and fitness.
The clause to which the Whittington Club
Committee direct, special attention falls unques-
tionably under this category. It is taken almost
verbatim from the Act of 1804. It provides that
when any corps is not called out for actual service
it shall be in the power of the commanding officer
to expel any member for disobedience, or for any
other sufficient cause, the existence and suffi-
ciency of such cause having to be
judged of by such commanding, officer alone.
No appeal was, or is, given against the exercise of
this arbitrary authority, save a somewhat remote
and inaccessible one to the Sovereign in person.
We shall certainly not undertake to say what may
have been requisite for the maintenance of disci-
pline in 1804. Summary dismissal may possibly
have been • proper penalty spinet a mutinous
private in those days of Hellfire Clubs and of
machine-breaking mobs. It is perfectly possible
that at a time when blasphemy was held the
necessary appendage of valour, and habitual
drunkenness the sole test of manhood, the swift
and sharp punishment of expulsion on the spot
may have been needed to enable a commanding
officer to maintain any semblance of decency when
be marched his corps to Pinchley. But what does
Government mean by re-enacting such an obsolete
insult in the year 1863 1 Does it profess that
an uncontrolled power of inflicting punishment
and disgrace such as no colonel of regular troops
is entrusted with, is indispensable to maintain
discipline among Volunteers 1 The answer will,
of course, be an utter disclaimer of any such idea.
We shall be told that the provision was copied
from the old statute by error, and that it will be
modified so as to make the decision of a Court of
Inquiry necessary before any sentence is enforced.
The model rules issued by the War Office itself in
1859 made provision, indeed, for such • check
upon the tyranny vested by the statute in the
commanding officer. But the fact that the clause
of the old statute had nevertheless crept into the
new one shows either the great influence still exer-
cised by Colonels of Volunteers in the War Office,
and the small knowledge in that department of
the feelings and habits of the men, or else, what
is less audible, that Lord ea GRIT and Colonel
1,111 cue° had not read the Bill which now imams
from their hands.

The Right Hon. Sir George Grey, Secretary of
State for the Home Department, has issued invitations for a
state dinner at the Clarendon Hotel, in honour of her Ma-
jesty's birthday, on Saturday, June 6.
His Grace the Duke of Newcastle, Secretary of
State for the Colonies; has issued Invitations; for a state
dinner, in honour of her Majesty's birthday, oo Saturday,
6th June, at the Clarendon Hotel. _ _

The Earl Russell, as Secretary of State for
Foreign Affairs, has issued cards for a full dream banquet on
Saturday, the 6th proximo, in celebration of her Majesty's
birthday, to the whole of the foreign ambassadors and minis-
ters, together with the noblemen and gentlemen who have
' filled diplomatic appointments abroad at present in town.
The Duke of Somerset, as First Lord of the
Admiralty, will give a full drew dinner on the 6th of the
ensuing month to a numerous and distinguished party be•
longing to his department of the state, in honour of the
Queen's birthday.

_
The Earl do Grey, as Secretary of State for War,
will entertain a numerous circle of military officers and
others connected with his particular department of the state,
on Saturday, the 6th of next month, in celebration of the
Quest's birthday.

_
Prince Alexander Dolgorouki and Count George
de St. Frio:et have arrived at the Clarendon Hotel, from
Paris.

The widow of the Right Hon. George Bankes,
late Judge Advocate-General, is shout to marry Mr. Buller,
brother of Lord Chariton, aad late 11.1'. for Devonshire.

The 29th Middlesex Rifles had a field day yes-
istday at Camden Park, Chiselburst, when it will be recol-
lected Lord Ranelagh three years ago set the feshion of
trying the mettle of our volunteers. Although the 29th
wee not joined., as was expected, by other London corps,
nevertheless the field day wee a decided sumer. A vo/un-
ter geld day on a small scale was also held yesterday'
afternoon at the Balham end of Streathani-eommon. For

scene reason or other, however, only the corps immediately
commanded by Lord Truro were present, conniating of 100
of the Middlesex Volunteer Artillery, five companies of the
4th Middlesex Rides, end 25 of the lit Middlesex Light
Harm Volunteers.
THE PRINCE of WALES AND THE CITY.—The
freedom of the city of London is to be presented to the
Priem of Wake is a gold casket of great value. It is 74
inches long, 6 inches wide, nod 8; inches high, end richly
decorated with enamel and cioque-ceuto ornaments. The
frost is compowd al a ground of blue Gemmel, in the metre
of which are raised shields surrounded by
in eternal of the proper colours the arms of England
Denmark. These are supported on one side by the arms of
the Lily, and on the other by those of the Lord Mayor,
chased in pure gold. Above these is a model of the
Princes crown of state. The reverse side is occupied by the
Initials of the Prime and Princess in floe gold, on a pound
of blue enamel, and a plate bsering the following
fiat :—" Rome, mayor. Presented by the Corporation of
London, with the freedom of the OW, to his Ifighnew
the Prince of Wales, on Monday, Bth Jose, 1863."
THE WANDERING Dintersam—On Thursday
swasissa at the concert to be gives at HROOTIIMIQUITI
Rooms, for the benefit of the Animistic* in Aid of theDed
end Dumb, their Royal Highnesses the Prism and Primrose
el Wiles, the Dashers of Cambridge, and the Princess Mary
bare graclooal y expressed their intention to be priori. The
W Minstrels forma complete orchestra of makers.
The society le composed of 40 noblemen end gentlemen,
_who
meet regularly for practioe at the residence of Lord Gerald
Fitgaald, so well known in the nimieel world. The Hon.
Seymour Fpotoe, wbo conducts, is muter of alined every
instrument in the orchestra, and has writhes several very
secctiya posse. Among the members me the Viscount
Grey de NViltors, the Hoe. Howl Coke, Sir Archibald Mao.
devoid, the Hm. Edward r, the Hon. Fredmielt
Stanley, Colonel Hugh Baßank,u de Bathe.
Pegs, he. ; the beaawar, meakbies am the Duke of Umber,
the But of Wilke, LearzoaCetheeise Oaks, Lily Alko Ziff"
, tee, the BAY. Sir F A. G. (Marley, and Caplets
Fidler, who oceuirmelly take pert In the performanees. Os
els occasion the programme will include a chaise sdartke
of filmiest orchestral music, a solo on the pienotoete by
Ludy Catherine Coke, a solo ea the violin, a solo on the
' omit, and a eleg by Neel' lase. he.

In another point, however, we are glad to find
that they have introduced a material improvement
upon the old model. In 1804 power waa reserved
to Government only to appoint general officers to
volunteers in the event of their being called out.
By the present Bill the power is extended to apply
to field officers. This is an acknowledgment on
the part of the authorities of the fact which we
have often forced on their attention, that they dare
not rely on the efficiency of the Volunteer officers
in the event of the services of the force being re-

THE EXPRESS, TUESDAY EVENING, MAY 26, 1863,

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.
Sitting; in Benoo.—(Before Lord Chief Justice Cockburn
sod Justices Wightrusti sod Blickburo.)
row= V. FORST= AND BEBEIDGZ..

This was a very important question relative to the
jurisdiction of the Divorce and Matrimonial Causes Court,
and lathe first application of the kind that has been brought
before the Queen 'a Bench.
Mr. Coleridge, Q.C., said he' applied on behalf of Mr.
Berridge for a rule to show cause why a writ of prohibition
should not issue to the judge of the Court for Divorce and
Matrimonial Causes to prohibit him from proceeding
further in this case. It was an ordinary petitioa, filed by
the husband against his wife and her paramour for adultery,
in which Mrs. Forster and Mr. Berridge appeared abr.
lately to the petition. It was afterwards discovered that
Mr. and Mrs. Forster were born in India, bad lived
in India, and had married there. They were both the
children of Indian parents, and had never come to
this country till about 1854, when Mr. Forster returned to
India, leaving Mrs. Forster to watch over the education of
the children. 1841 Mr. Forster again visited this
country, but only for the purpose of instituting these
proceedings when he returned to India, where he now
was. Those facts were discovered after the respon-
dent and co-respondent had appeared absolute
to the petition, whereupon proceedings were taken
for the withdrawal of that appearance, and an
appearance to be entered under protest in order to
raise the jurisdiction. The summons was heard and the
application was withdrawn. Other proceedings were taken
but without effect, and the petition came on for hearing in
the ordinary form before a jury, and rie the fact of the
adultery was not seriously contested by Mr. Berridge the
jury found a verdict for the petitioner, with 5,0001.
damages.
Mr. Justice Wightman—Wan the adultery committed in
England ?
Mr. Coleridge—Yes. The decree nisi was now pending,
and Mr. Graham, a friend of Mr. Berridge, had intervened
under the act of the 23rd and 24th Victoria, which gives
any person an opportunity of showing cause, within the
specified time, why a rule nisi should not be made abso-
lute. The learned judge thought the true con-
struction of the act was that the question of jurisdic-
tion was not to be raised by the Intervenor, but that
he was to be confined to bringing matters before the court,
such as collusion between the parties, material facts
that hail been kept back, or facts that had not come to the
knowledge of the court from inadvertence to show that the
decree ought not to be made absolute, and refused to en-
tertain the application. He therefore now applied to the
court on behalf of Mr. Berridge for a writ of prohibition ;
and the question was, whether it would lie. He contended
there was no jurisdiction on the part of the
Divorce and Matrimonial Causes Court in England
to entertain a suit of this kind. lie found in a decision of
the full court in the case of "Radcliff v. Andorra," pre-
sided over by the late herd Campbell, assisted by Mr. Baron
Martin and the Judge Ordinary, Lord Campbell laid down
that the jurisdiction of the court must depend on the 20 and
21 Vie., chap. 83, and if it was not given by that act it
could not be extended by the common law. It was a eta-
tillable jurisdiction. By the 2nd section of the act,
the ecclesiastical jurisdiction in matrimonial causes
was abolished, and by the 6th section it was
traeaferred to the new court. That act did
not enlarge the jurisdiction of the Ecclesiastical
Court except so far as to grant divorces • vinculo, and there
was nothing in the act which altered the jurisdiction over
persons from that which would have been exercised by the
ecclesiastical courts of England. The court was established
for England only, Ireland and Scotland for, the purposes
of the act being treated as foreign countries.
The Lord Chief Justice —Your proposition is that persons
married out of Englaod cannot be dissolved by this court?
Mr. Coleridge—Yes. If not English subjects.
Mr. Justice Blackburn—Do you make it depend on the
domicile at the time of the marriage, at the time of the
adultery, or the locality where the marriage takes place!
Mr. Coleridge—That where there was no English domicile
and no English marriage there was no jurisdiction. If two
foreigners enter into marriage in England the court would
have jurisdiction, but where neither person was personally
within the jurisdiction, and entered into a contract out of
the jurisdiction. thelpmper place for the parties to go to was
the courts of the country where they were domiciled, and
where the marriage took place.
Mr. Justice Wightman asked if the parties in this case
were British subjects at the time of the marriage.
Mr. Coleridge maid—Yes ; the Queen's subjects in India.
The parents had also a domicile, and the' proper place for
the petitioner to apply to was the Ecclesiaaticsl Court at
Calcutta, under the old form of procedure. This act was
specifically confined to Eugland. That point was decided
in the case of " Yelverton v. Yelverton." In the case of
two French persons coming over here and marrying, and then
going back again, be should have said the court had no
jurisdiction but for the decision of the court to the
contrary, and in that case by the French courts the woman
was held to be • femme sole ' • yet in England she was held
by the Divorce Court to be a married woman. It was •
startling decision' but as it had not been appealed spinet
it must be taken to be the law.
Mr. Justice Wightman said the question was, could two
British subjects in India married there. and the wife com-
mitting adultery in England, apply for redress to the Eng-
lish Divorce Court!
Mr. Coleridge said the court was established by statute,
and was expressly confined to England. He hed to show the
court that it was apoint well worthy of the consideration of
the court.
The Lord Chief Justice said he could not help thinking
that it was the intention of the legislature to transfer all
the rights British subjects, whether residing in or out of
England, had under the old law. If that had been in
existence the husband would have had a right to go before
parliament and ask for • dissolution of his marriage.
Mr. Coleridge then quoted a number of cress which he
said bore upon the point, but he had no direct case in point
to lay before their lordships.
The Lord Chief Justine said he thought the learned
counsel must have a rule.
Rule granted accordingly.

COURT OF COMMON PLEAS.
Sittior in Banoo.—(Elefore Lord Chief Justice File and
Justices Williams, Willos, and Bytes.)
aszuntialm v. TM GREAT WISTIaIf RAILWAY COMPAIIT.—