The Express.
London, England, 1864-02-08 00:00:00

EVENING, FEBRUARY 8, 1864.

EXPRESS FROM PARIS.

THE FRENCH PRESS ON THE OCCUPA-
TION OF SLESWIG.
moat on owl 0011MPONDIIMIT.)

PARIS, Su LT EVERVO.

The news, of which there seems no doubt, that
the Danish army has abandoned the city of Sleswig
and the whole line of the Dannewerk fortifications,
and that those strongholds are now in possession
of the Austrians and Prussians, produces a curious
diversity of opinion among the French preen.
While the Temps and Prase see in the rapid
successes of the invaders the "end of the war,"
almost all the other journals, including the semi-
official ones think the situation is "aggravated"
by the Wee; intelligence, and some go so far as to
say that a general war is more probable than ever.
The grounds of the pacific anticipations of the Temps
and Prase are that the Danes must have retired
from their strong' positions in order to save blood-
shed, and in the confident expectation that Austria
and Prussia will fulfil their promise to England
and restore the Duchies to Denmark as soon as the
obnoxious constitution shall be repealed by the
Rigsraad. Against these optimist views it is to be
observed that the pretender, the Duke of Augueten-
burg, has been proclaimed Duke of Sleswig in the
capital of that duchy, and in the presence of the
Austrian commander, who said he had no miss;o
to interfere, and also that the Northern German
Gazette puts forth the doctrine that the war
has annulled the treaty of 1852, which settled the
rights of the King of Denmark. That is clearly a
false position of international law as far as regards
England, and the other parties to the treaty who
are not at war, but if the German powers are mad
enough to take up that ground, other arguments
than despatches will be requisite to bring them to
reason. The Opinion Nationale thinks that the
proclamation of the Duke of Angustenburg in Sles-
wig is a direct defiance to England. It makes the
following observations :

The Danish people were free and prosperous, possessed
of every civil virtue, a people who to respect of es-
tablished order joined a virile sentiment of in-
depeadence and individual energy ; their military
qualities command the respect of their enemies, and now
this admirable nation is the victim of a brutal qse: d pens
of unexampled perfidy. Nothing can equal the duplicity of
the Austro•Prussian coalition in all this affair. . . .
The cabinets of Berlin and Vienna are neither for the
Duke of Augustenbarg with the Diet nor for the ,-itegrity
of the Danish monarchy with western Europe. Wbat
they want is to impose upon the Duchies the blessings of
the regime which 31. Bismark his fired upon the Prussians,
and to cement in Sleswig an alliance, the ultimate object
of which is the oppression of all Germany and the ruin of
Italian unity. We find only this morning, in the Memorial
Diplomatique, the valuable admission that Austria and
Prussia decided to occupy Shrew* in order to prevent the
radical party in Gee.nany from making that country their
head quarters.
The Pays nays :

The sumer of the Anstre-Pruesian army complicates the
diplomatic situation, and gives the political question an im-
portance to which we cannot abut our eyes. It is not to be
supposed but that the cabinets of Vienna end Berlin have a
secret understanding u to the eventualities that were likely
to arise in the question of the Duchies, it is difficult to
think they are entirely disinterested, and that after immense
expense and a considerable sacrifice of men they will be
satisfied with forcing Christian IX. to conform to
the stipulations of the treaty of London in favour of the
integrity of the Danish monarchy. . . . The project of
mutilating the Danish monarchy is not, therefore so devoid
of foundation as Dome of the Austrian journals affect tosay.
If this project should be realised, what will be the attitude
of England? We see that by the force of things the Danish
question is, to say the least of it, likely to develop itself
into a European question.
We read in the Petrie:

There must be a political meson for the retreat of the
Danes towards Jutland. It is by prolonging the war that
the Danish government hopes to secure the aid of England ;
it is by placing Prussia and Austria in the necessity of
making a longer and mom extensive campaign than they
bad expected, that the two powers will be exposed to ad-
ditional pressure from the minor states of Germany. . .
England will now see the mistake she has made in leaving
Danmark unassisted, and that the balance of power in
Europe now requires an armed intervention to protect the
weak against the strong.
- .
•"• • •

The Patric hears from Copenhagen that the
news of the evacuation of Sleewig city had excited
immerse sensation, and a stronger feeling than
ever in favour of national resistance. It anticipates
that the Danes will defend Duppel to the north-
east of Flensbourg.
The Memorial Diplomatique scorns the idea of
the Archduke Maximilian going out to Mexico in
a private steam packet, and affirms that he will be
transported to his empire by an Austrian man-of-
war and escorted by a French guard of honour.

The Independance Beige says of the Queen's
speech :—" It is the most insipid that has fora long time
been put into her Majesty's mouth by the British cabinet;
it neither answers to the importance attributed to it before-
hand, nor to the gravity of circumstances." The /*depend-
ance also says : " The first sitting of the English parlia-
ment tells us absolutely nothing of the intentions of England
or of the future mintiest of the Danish question:*

Ifajor Gordon, who is commanding a force ;" the
Chimes service, is a soa o 2 M•jo.•G. rr` Gmdea,
Southamptou.
We understand that the Lord Chancellor has
beep plow(' to enter the degree of the coif upon Mr,
Tindal Atkinson, of the Middle Tempts sad the Notihers
Circuit. _ _ _

--
New CHURCH AT KF-VSINGTON.--On Saturday,
the 6th inst., the tint stops was laid of a new church is
Kensington, to be celled St. George's. Campden-hill. Not-
withstanding the severity of the weather, • large number
of the clergy and laity of lb* pariah and neighbourhood
were present. The church will occupy • commanding posi-
tion, and be • very handsome structure, affording accom-
modation for 1,500 persons. The site is in the district
parish of St. John. Netting-hill, of which the Rev. J. P.
Gen is incumbent ; but a large portion of the district to be
attached to the church, Including all the villas in Holland-
park, will be taken from St. Maty Abbott's, Kennington.
It is intended that the Rev. G. Bennett, of Harrow, shall
he incumbent. The Archdeacon ofl Middlesex officiated,
and delivered an addax& on the occasion.
THE WEATHER AND THE PAlLlCS.—NotwitLetand.
jag the present severity of the weather, which set in late on
Thursday night last, with a heavy fall of snow, the tber-
, menteter each day since indicating one or two degrees be.
low freezing point, the water in the vegans parks yesterday
afternoon was but partially frozen, and in no use was the
ice strong enough to bear any weight upon it, not being
more than from a quarter to half an inch in thiamees. This
is to be accounted for in some measure by the strong
northerly and easterly windprevailing for the last few days.
Last evening the thermometer indicated 3 degrees below
freezing point, and this morning there is every thdicatios of
afall of snow.
MELANCHOLY AND SUDDEN DEATH IN A CHAPEL,
—Yesterday morning, about 11 o'clock, and while the Rev.
John Henry Heatheate was in prayer previous to the
sermon. at the Congregational Chapel, Irdingtoo, Mr.
Jeer Tore, • geetlenen who resided at Gravelly-hill and
carried on bums. as • gold pencil, watch-seal, and key
manufacturer, at Birmingham, was observed to fall back in
his pew. At first it was thearht that be had fainted, butaa
oonscioosneas did sot return medical assistance was at once
sent for, but life was extinct. The dammed gentleman
ogle left home about an hour previews with one of his sees
and • daughter, is his usual beech and spirits. His two
children were with him in the pew at the time of his death.
Mr. Tar was highly respected by the 000gregatioe and in
the nei±hbourbood when he reftded. The greater pert of
the oonmagatioft left the chapel in tears, as this sad occur-
rence put an end to the ma sing service.
ATTEMPTS TO OVERTURN RAILWAY TRAINS.—
At the monthly Heat Riding Serious. held at Norton re
Saturday, the North Restm Railway Company prosecuted
George Dale about 13 years old, for placing obstructions
upon the Scarbororah Railway, near Melton, on the 6th day
of January last. The prisoner was living as farm servant
with Mr. Holtby, of Norton Parks. Mr. Holtby and his
foreman at separate times found pieces of iron laid across
the metals, propped up with stones in snob • manner that
the engine most have pared over them. The prisoner con-
fessed his guilt, and appeared to have placed the obstruc-
-1 tions before the trains purely out of a love of mischief. The
beech inflicted the minimum fir of 40e., with 21 days' herd
labour in default. The lad went to gaol, kis father being
unable to pay the fine.

LAW INTELLIGENCE.
(THIS DAY.)

EXCHEQUER CHAMBER.

Sittings in Error.—(Before Lord Met Justine Cockburn
and Erie ; Justices Oromptoa, Blackbare, and Mellor,
from the Court of Queen's Beach ; and Judea Williams
and Wilke from the Court of Common Pleas.)
TBZ ATTOZNITAINERAL V. MIMI AND OTIOOLLI.—TRZ

LLKLAWDZA CARL

This morning their lordships delivered judgment on the
point of want of jurisdiction in hearing this appeal from the
Court of Exchequer, discharging the rut, for • new trial,
raised on Saturday by Sir Hugh Cairns on the pert of the
defendants. Their lordships being divided in opinion, they
delivered their judgments seriatim, commencing with the
junior member of the bench. There were a great many
persons present, bat the court wee not so much crowded as
on former occasions when the ors wee before the other
court.

Mr. Justice Mellor said that after • careful consideration
of the arguments that had been urged on both sides on the
point of whether the court bad jurisdiction to hoer the cap-
peel,
recentlypeaenwithevery dmiretooenpptre the
Exchequeralidi giving
validity the
male mad. by the Barons ot
a
right of appeal under the provisions of the 22nd and 23rd
Via, chap. 21, he was compelled to pine to the
conclusion that the roles so made were not warranted by
the statute, and that the defendant* were entitled to sea
creed in their claim. In order to sustain the right of appeal
the Attorney-General was driven to centeod that the lips-
Wore bad delegated to the Barons of the Exchequer to de-
side whether an appall should lie in on kain crass from
their own court to the Court of Error and the Hones of
Lords. The legislature by the Common Law Procedure
Act gave the judges certain powers for making alterations
in the process, practice, and mode of proceeding in the com-
mon law courts, and to the heroes of the Exchequer to
enlarge, extend, or adapt them to the revenue side
of that court, but that, in his opinion, did
not give them powers to create a now jurisdic-
tion. If intended by the legislature he thought they
would have given the power in express terms. The learned
judge, after having examined the clauses of the several sets
of parliament referred to in the course of the argument, said
be trams to the conclusion that that court had so jurisdiction
to proceed with the appal and that it must be dismissed. If
he was w roog the House of Lords would be able to set him
right, because if the Berme of the Exchequer bad the
right to make this rule, it would give the House of Lords
jurisdiction over it.
Mr. Justice Blackburn said the Attorney-General bad
appealed to that court to eat aside the decision of the
Court of Exchequer, sod make the rule abso-
lute for a new trial, and to so set aside
the verdict for the defendants. The defendants objected
to the jurisdiction and contended that the decision of the
Court of Exchequer was final, and that they bad • right in
point of law to retain their verdict undisturbed. He had
to consider the objection raised in • legal point of view end
deliver his judgment as be thought the law warranted with-
out consideration of what would be its effect and
consequent result. He had come to the conclusion
that the defendants were right in their objection, and first
that court had no power to interfere with the verdict. The
whole depended on the 22rd and 23rd Vie., c. 21, which
gives the Barons of the Exchequer power ta make corrals
rules, de., for the conduct of the business in their own court.
He considered that, axording to the ordinary Tales of legal
cceetruction, it was clear the legislature did not intend
to give an appeal in axe on the revenue side of the
Court of Exchequer. After minutely examining all
the sections and provisions of the several acts, the learned
judge said he was of opinion the true and legal construction
of the act did not give the power of appeal, and entertaining
that view, and however much be might regret it in this par
tia,la Pee, he considered the court ought not to bear the
appeal. He was of opinion they ought to diamlie the appeal
leaving the crown to apply to the House of Lords against it.
Mr. Justice Willes, who delivered the only oral judg-
ment, said be was of opinion that the appeal was right, and
ought not to be dism;sacd, the power of appeal being
given under the fled and Zkil Vic., chap. 21. He thought
the objection to the making of the rule that it
was • delegation of leaislstive authority to the
Baran of the Exchequer failed, when they con-
sidered the enormous instances of similar delegations of
power within the experience of Oh and he referred specially
in support of that statement to Park's Act, the
3rd and 4th Wm. IV., chap. 42. He else re-
ferred to the powers delegated by parliament to towns
and other local communities to determine by the voice
of the majority, whether «arab% acts should or should not
be put in force, within the limits within which the in-
habitants read 1. He thought there was nothing in the
point of the barons' sernming the delegated authority
of parliament. With repent to the sat itself be
apprehended that the 26th et :lion, as we• sus
gested on Saturday by Mr. Justice was formed
with the expran reference to the amendment in the law in-
troduced by the Common Law Procedure Acta, faun& I on
the report of • commiwion to improve the proems, practice,
and mode of proceeding in the marts of common law.
Mr. Justice Crompton said he was of opinion that no
such power of appeal was given, and that Um court had no
jurisdiction to interfere with the decision of the Court of
Exchequer in this case. If they were wrong in that deci-
sion, the error might be set right by au application to the
House of Lords, who, if bound by the race of the Court of
Exchequer, wee boned to give the same jademeat se that
court ought to have given.
Mr. Justice Williams said he was of opinion that the
court ought to bear the appeal, considering that the Barons
of the Exchequer had a right to make rules for extending
to the revenue side of that court the provisions contained
in the Common Law Procedure Act, 1854, applicable to
civil ram. _ . .

Lord Chief Justice Enka said the question was 'whether
the Herons of the Exchequer lei power to order that Ow
provisions of the Common Law Procedure Act, 1854, should
be applied to the
that the upset with its ordinary incidents should
apply to the Exchequer Chamber and the House of
Lords on an application for a new trial, as the pound
of misdirection, &c., made in the Court of Exchequer.
In his opinion the answer to the question must be
in the affirmative that there wu jurisdiction on the ground
that the Queen's Itemembe ulcer Act, 22 and 23 Vie. cap.
21, sec. 26, gives to them the power to make such order.
In support of that opinion his lordship proceedi 3 to con-
sider that statute, together with the state of the law which
led to its paining, ➢remising that procadoes in the statute
included the whole course of practice from the
beuing of the first process by which souse
were brought before the court to the exam.
tioa of the last process in the 6nel judgment in the
mu. And through the Commis-law Procedure Acts,
and also the shove act, procedure wee stated as squirmiest
to proem, practise, and mode of prosoding in civil nits,
indeed procedure in civil sets had is the superior courts
of common law received • legal definition. He con-
sidered that the rules in question, by which it wee sought to
be supported by the section, and their intentiou to be col-
lected by the context of the se fence. The rules did not
create any new courts of appeal, and be was of opinion that
the rules were valid, and that that watt had Jurisdiction
to hear and determine this appeal.
Lord Chief Justice Cockburn said that after lb* beet
'consideration he could give to the provisions of the gaieties
that bad been referred to, the only ouclusioa he
could come to was that that exert had no jurie.
diction to entertain the appeeL After examining the
various provisions contained in the acts bearing as the
(lamellae, his lordship asked when in the 'dietary of juridical
legislation was it ever known the legislature had
left it to a tribunal to say whether its authority
should or should not be subjected to the =par.
vision of a higher court. It was no doubt eon.
venieot sad right that in frivolous oars a
court should have • conditional discretion ; but sot that
it should be ►eft to say whether or Dot its dee:igloos should
be subject to the review of another tribunal. It wee not
easesivable that parliament had delegated its (emotions
to an Inferior tribunal in • matter that was so eminently
fitted for legislation, and It was not enough
to say that because a bill of exceptions was
allowed in resume uses that the legielatute
might have given the power of proceeding also by appeal.
Had snob been the owe sods* weak have bees auier
than for parliament to have Inserted it in the sot. ♦ few
short lions so inserted would have set the matter
at rest. There was, however, this differenoe be•
twee writs of error and appeal, that the latter proems was
not so speedy as the former, and the legislature might very
fairly have inferred that t►e appeal, if mated, wee likely
, to be resorted to, to eases delay, sad therefore they d►
diced to give that right. He regretted to have to cone to
that conclusion, partly bemuse the bill of exception wee