The Express.
London, England, 1862-06-30 00:00:00

'•
TGI, JUNE 30, 1862.

EXPRESS FROM PARIS.

THE NEWS FROM MEXIOO.—THE HIRES
CASE.
Osom ma owl coaamonnorr.)

PARIS, SUNDAY RIMMING.

The Petrie now publishes despatches from Gene-
ral de Lorencez and other news front Mexico (rid
Southampton), showing the entire falsehood of all
the hardy assertions with which it has been amusing
the public every day for weeks past. There was a
general engagement (not merely, as we have been
told fifty times, a rash reoonnaissanoe of Zouaves)
before Puebla, and the French were repulsed with
heavy lona. They did retreat to Orizaba, as we
heard long ago from New York, though the French
journals, till very lately, stoutly maintained
that the news was not true. General
de Lorencez, accounting for his defeat, bit-
terly laments the " deceitful assurances " that
the citizens of Puebla would rise to wel-
come him, in the " full confidence" of which
he had attacked the place ; be thus gives the fullest
and most valuable confirmation to 3L Jules Favre's
statement that the expedition was undertaken on
the strength of mistaken suppositions. These
despatches admit the loss (enormous in proportion
to the strength of the little army) of 460 killed and
wounded at Guadeloupe alone, and General de
Lorencez, in congratulating hie force on the forti-
tude with which they effected their retreat to Ori-
zaba, mentions that they had to carry with them
345 sick.

The Constitutionstel says that the Forfeit (ship—
not General Forfait, as stated by a misprint in one
of my letters), which has just left Cherbourg, will
touch at Vera Cruz, to inquire whether General
de Lorencez stands in need of the 1,500 reinforce-
ments now on their way out, and that if he says
yes they will land there at once, but if otherwise
will go to Martinique and wait there till October.
The Temps fails to find in M. Billault's " much
applauded" speech any clear and precise exposition
of what French policy in Mexico really is. The
minister, it says, seems to have jumbled up together
two essentially distinct motives of action :—L The
desire, which everyone must hold justifiable, to
obtain national satisfaction for injuries received ;
and 2. That propagandist policy which would urge
France to make herself the purveyor general
of happiness for all other nations. That
such a lucid mind as M. Billault's should
have been entangled in this confusion is a
sure indication of a bad case. The writer (M.
Nefftzer) denies the analogy attempted to be estab-
belied between the war in Mexico and the war in
Italy. Whatever be the faults of Juarez' govern-
ment, it cannot be denied that it is a national one.
The French army did not cross the Alps to make
the Italians vote, but to turn the Austrians out of
Italy. Moreover, that intervention, while re-
lieving the Italians from a foreign oppressor, was
justified in the eyes of France and of Europe by a
palpable French interest, which was opposed to
Austrian preponderance in the peninsula. But
nothing can be more revolutionary than the "gene-
rous, humane, and liberal policy" advocated by
M. Billault in parte of hia speech " it would serve
as an argument for declaring war against any
government whatsoever under the pretext that its
popularity required to be tested by an appeal to
universal suffrage." After adopting the observation
of the Side that if it be really a duty incum-
bent on France to put universal suffrage in
motion in foreign countries she could not do
better than begin with Rome, where she has the
power to do as she likes, the Temps objects
especially to the remarkable phrase in the official
speech that "Juarez' perjured government must
disappear before the breath of France," and
inquires what is the true meaning of the declara-
tion that if Mexico is too worn out by anarchy to
accept the salvation tendered to her, "we shall do
justice for ourselves and abandon Mexico to hie
wretched fate." Taken literally this might infer
that if Mexico failed to form a government pleas-
ing to France the latter would no longer concern
herself with the protection of her subjects in that
country. The Temps proves very sufficiently that
a nation cannot divest itself of the duty of
demanding and obtaining justice for its people in
foreign parts on any such groans's, and leaves to
be inferred what it probably thinks it imprudent
to state, that the " unfortunate lot " which hangs
over Mexico is that of being permanently
occupied by France as a conquered country.
It is a curious illustration of the strength of that
exaggerated patriotic code of French sentiment
which holds that whenever a French soldier is
killed, in no matter what cause, his blood must be
avenged by more slaughter before the justice of the

quarrel is considered, that the Temps feels con-
strained to separate itself from one part of M. Jules
Favre's argument. That orator had the courage
to submit to the Corps Legislatif that since the
Mexican expedition had been undertaken on the
faith of representations by General Almonte and
other refugees, as to the feeling of the country,
which.turned out to be unfounded, ►nd inasmuch
as French military reputation stood much too high
to be affected by an accidental reverse sustained by
a handful of man against fortifications, the manly
course would be not to persevere in an error, but
to accept overtures for peat*. The Temps says
no; it is impossible to treat at present, bean se French
arms have received a check ; " that check must be
effaced" before even the liberal Temps will hear
reason.

Procureur-General Dupin did not make a long
speech in the Mires case. Why should he have
given himself much trouble I He had no opponent,
and probably knew pretty well what the judges
with whom he sits on the same bench, pari paint,
were going to do. I take leave to say (without any
referenoe to the merits of the particular case of
Mink) that this "appeal in the interest of the law"
is a great blemish in the much vaunted Code Na-
poleon. Surely it shocks the conscience that when
a man is definitively acquitted by a court of com-
petent jurisdiction, another court should be
allowed to sport with his reputation "in the in-
tereate of the law," and decide, without hearing
him, that in point of theory be ought to have been
found guilty ! Even at Rome they will not make
a saint without hearing what the devil's advocate
has to say against the nomination. But here

the Court of Caseation, after listening to a one-sided
speech from the crown lawyer, is allowed to place
solemnly upon record the gravest imputations upon
a man's private character, in the very matter in re-
spect to which he had been previously white.
washed, under circumstances far better adapted to
the elimination of a fair decision. This anomaly
is, I submit, a far greater evil than a bad precedent.
And when I use that word it is necessary to explain,
that a precedent is of nothing like the importance
in France that it is in England. Consult a French
advocate, bring him a case in point, such as in
England would have all the force of an act of par-
liament, and he will cite to you with a smile the
favourite proverb, Lea an*, sent bons pour aux qui
la obtiennent—that is, judgments are good for the

parties who obtain them, but have very little effect
upon similar cases—and will tell you that in spite
of many precedents you need never despair of get-
ting the Court of Caseation to contradict itself
(se &lager). Therefore, there is even less excuse
here than there would be on the other aide of the
water for such an absurd proceeding as a criminal
appeal, where there is nothing to be tried but a
pure abstraction.
K Dupin was very witty at the expense of Mires
and the Court of Douai. He represented that tri-
bunal as being now, in the estimation of the public,
not a court of "appeal," but a court of " hope"
for all desperate causes. In answer to the argu-
ment that Mires' practices were very common in
Paris, he said non tam speetandum quid Roma
faetum est quam quid Jeri oportet. Moreover,
commercial usages were best proved by the
opinions of competent commercial men, and the
Tribunal of Commerce of Paris, in accord with the
indignant protests of numerous bankers, repudiated
the doctrine of the Court of Douai. Mires, he said,
o far from conforming to the practice of giving
a depositor notice when he was going to be " ex°.
cuted," contented himself with sending a kttre de
faire parte—a letter announcing a mans death, and
that he is going to be buried. He expressed regret
that the Court of Douai had not compelled Mires to
disclose the names of the influential personages to
whom he said he had given five millions of Pam-
peltma shares.
The court pronounced judgment last night. It
declares the judgment of the Court of Douai erro.
none, in so far as it justifies the selling of shares
deposited as security while representing to the
clients that the shares were still in existence in the
strong box, and it stigmatises that "transaction as
fraudulent." That is the principal point. On
most of the other grounds, and particularly on the
question relating to the Pampeluna Railway, the
judgment below is confirmed. The Court of Douai
is ordered to insert this judgment of the Court of
Caseation in its records.

To avoid misconception, allow me to say that,
while objecting to the prooedure which allowed
this theoretic appeal, I am far from objecting to
the abstract doctrine of the Court of Caseation.
Indeed, it coincides with an opinion I expressed
on the first impression when the case first came on
for trial in Paris.

The Indbpendance publishes the copy of a letter
addressed by the Count de Chambord to many of his poli-
tical adherent'. It appears that they have remonstrated
against the order to abstain tram voting at elections, and
have obeyed lees from reasonable conviction than profound
attachment and respectful deference. The Count de Chem•
hoed is of opinion that there could neither be sincerity
nor dignity were the royalists to take part in the
elections of France. The representative of Charles
X., claiming title to the throne through him and
his ancestors, is shocked at the want of purity in eleo-
time, at the want of liberty in the deliberations of the
chamber. But, lest we should be too much roused to
enthusiasm by professions of so great liberality, we are
speedily reminded of the necessity which exists for the
independence of the Holy See, of respect fur its sovereignty,
for catholicity, and Christian civilisation, all menaced in the
tenderest point. Though thus defending the previous con-
duct of his partisans, the Count de Chambord is willing to
give them more license for the future. He is content that
for the sake of supporting the church his adherents should
enter the political arena, that they should exercise the
franchise for the sake of selecting the eupporters of the
Pope. For the rest, the policy of the exiled house consists
of continual protestations and unceasing abstinence from
political functions.
A letter from Alexandria says :—" Egypt at this
present moment is in the happy position of requiring bat
the smallest possible space on the pages of cootemporsry
history, and that little simply for the purpose of recording
an appearance of prosperity, the reality cif which it is diffi.
cult to see any reason to doubt, while its durability, it is at
least equally certain, is entirely under the control of the
rulers of the country. So far, nothing can exceed the sue.
caw that has attended the conclusion of the loan. Now
has become plentiful to • degree never known before ; sod
this, in a country where so many improvements are
'lopped for want of capital, is no smell matter.
At present, government bonds having five to ten month"
to run are readily discounted at 4i to 5 per cent per
annum, this discount being the only interest derived from
the investment. Six mouths ago, similar paper could with
I difficulty be negotiated under • loss of 15 per cent. per
annum. The government, at the Name time, finds itself free
from the harrusiog cares and difficulties with which it wee
so lately beset. The question that remains, however, is
whether the government is fully alive to the newesity of
applying the money it has obtained from Europe 'Viral
and solely so its legitimate objects, and of coutiouing
to
keep its expenditure in doe rubjection to available revolts.*
One of the staff of the British Star writes to $
contemporary :—" Sorties his triumphed, and Turkey
saved. The last number of the Brian\ Star hes appeared
' this week. The proprietor, seeing the danger likely. tO
moult to the ' balance of power,' if he were to centimes
eileulating his highly.revolutionery articles on the Grob
Exhibition is the Ottoman empire, has wisely deckled**
discontinuing the paper. This decision will, lam sure, give
wee to the paternal heart of the noble earl et the heed of
ear Fcesigntddes."

LAIN INTELLIGENCE
(THIS DAY.)

The after term Nisi Prins sittings at OnEdhall can.
this morning. The lista are very heavy, contain-
the aggregate 494 causes for trial in H days,
Zh'; tam allotted to the sittings, or 36 and • frac-
,,p per 11. How that is to be asoompliehed is a
i."„t,,s tlithcult to be solved, seeing that many of
are very heavy commercial cases ; and the
tit cs‘e in the Queen s Bench, • patent ease, that if tried
out flout occupy one court the whole of the week. Of the
tyre number of canna 172 are in the Queen's Bench, 87
at "'sofa, and 85 are new causes ,• 78 are marked for
weCl.l nrieg. In the Common Pleas there are 218 causes
A) ate remanets and 100 are new senses-100 are marked
;reds' juries. In the Court of Exchequer share ere 104
.4_31 are remand.' and 73 are new oiasse-33 are
e,,L0l for specials.

COURT OF BANKRUPTCY.
(Before Mr. Commissiourz FooNairque.)
Le ex!. B. HALL.

The bankrupt wu described as a general agent, of Prink
*.housediine, and late a prisoner for debt ; be had formerly
s newspaper proprietor, of Glangow. This was the sit.
t for examiution and discharge. The liabilities are
of which 2731. are for law costs. The creditors are
resident in Glasgow. There was no opposition ; and
ti,,ider of discharge waa gunted.
LV U ROUST WILSON.

7 '
The 6,strupt wsa described as a shipowner, of Queen's-
-o.l.ston. This was the Brat sitting. His statement
debt:. of 1,0451., of which security is held for 6001.
y Theutee, aomuutant, was chosen trade assignee. From
'Len examination of the bankrupt it a that ha
b,,.,1,1.,ed through the Scotch court in 1859, when his debts
sere '2.(VOL
(Before Mr. Commissioner Goolbewn.)
IN ax LAWS.

The bankrupt was a wine and spirit merchant, Mincing
hoe. Mune! the sitting for examination and •
ta: the manile accounts had not been fasd.
taitrupt's preliminary statement shows liabilities of 18,2151.
He attributed his failure to "want of capital." A
lorthesed adjournment was asked for. It was stated that
th:binkrupt had resorted to the practice of pledghw good&
And a detadedacoount was required, showing the &tem al
ewe traoucnoes.
t.*)urned to the Ist of September.
Mr. Sharp appeared for the assignees, and Mr. Lynam
for creditors.
THE POLICE COURTS.

(THIS DAY.)

3 ARLBOROUGH-STRKET.
BURGLARY LN ST. JAAIRSAHSTIANT.
AWM name and eddre refused, was charged before Mr.
Insbiti with burglariously breaking into end entering No.
James's-street, and stealing a diwiNIRVORAO with Bawer
&tn., a quantity of jewellery, consisting of !diamond
lewches. gold earrings, 451. in Bank of England notes, 20f.
&c., the whole of the property being of the value of
sy.
Inspector Wilson, of the C division, attended to watch
the we.

Be prisoner was brought to the court handcuffed, and
lopearcd in the dock without coat or waistcoat. On being
plead in the dock he gave the name Philip Oliver.
Me. Henry Forshaw said—l reside at Southport, near
[OO-pool, my business, that of an attorney, being carried
ait Liverpool. About half-past 1 this morning, at How.
cbe's Hotel,St. James's-street, where lam staying at pre-
w, I was awoke by my wife stating that there was a man in
he room. I beard footsteps at the door, and on turning the
tight light I saw the shirt sleeves of a man who was leaving
he room by the door. I jumped out of bed and followed
he prisoner into the drawing-room. I then saw by the
Way in the street that it was a man in his shirt sleeves.
Ip:close up to the door, when the prisoner pulled it to,
a then I heard • noise of something fall.
I opened the door and followed the sound of the foot-
gear on to the landing of the first-floor. and then I
se the prisoner, but lost sight of him. I then called for
porter and alarmed the house. Mr. Howchin, the land.
and a gentleman named Feilden appeared. Being in
eight drew, I returned to my bedroom, and afterwards
that the noise I bad heard was caused by the
• letting fall my wife's dreesingcame (Produced).
case, which was locked then, as on the pre-
ought, contained a quantity of jewellery, maidens
diamond and opal brooches, a quantity of money, ke., of
• Table value. I afterwards, with the others, searched
rooms, and dragged prisoner from under a bed in a bed-
. He said, "boat choke me," but nothing else.
the prisoner was taken to the station, I went there
identified a gold pencil-case taken from the prisoner as
property. It had been taken from a small travelling bag
. is my bedroom, and the beg had been broken open.
Mwsrd Brown, 176 C, said—At half Test one this more-
-1 was called to llowehin's Hotel, and on entering a room
• Mr. Forshaw holding the prisoner on the ground. At
elation I found the pencilcase produced on the prisoner,
some lucifer matches and four duplicates—one relating
swatch and ring.
r. Willem llowehin, proprietor of the hotel, said—This
• , about half-put one, I was going to bed, when I
an alarm from Mr. Forshaw, who on my going np-
• said a man is his shirt sleeves had been in his becl-
oud bad made his escape, as he supposed, by
lack window, on which there were finger marks.
searching under the bed of Sir E. Wilmot, they found the
ner secreted, and Mr. Forshaw dragged him out. There
• ; DO marks on the door t believe the prisoner must have
mat the back window, which was sometimes left open
the purpose of ventilation, the more so as a robbery at
'a Hotel had taken place by such means.
Tvrwhitt committed the prisoner, who no doubt had
teed the house in his shirt-sleeves, oas to peas, if ob.
el, for a lodger, for trial.