The Express.
London, England, 1849-01-09 00:00:00

GERMANY.

PRUSSIA.—We have letters and journals from
Berlin, under dates January 6 and 7.
The Preussisehe Stunts-Anzegee, of the latter date,
contains more than twenty columns of royal ordon-
nances and official articles relating to the administra-
tion of justice and to the introduction of the jury
system, es well as of publicity of the proceedings,
with oral examination, in warts of justice. All
seigneurial, municipal, and patrimonial courts of jus-
tice are abolished; and the jurisdiction of ecclesiasti-
cal tribunals is strictly confined to spiritual matters,
amongst which, moreover, me not included questions
relating to civil divorce, or to the invalidity or nullity
of marriage ; for the future, the administration of jus-
tile will be intrusted solely to the judicial authorities
appointed by the state. No indemnification will be
given for the abolition of private courts ofjust ice, but
arraagements are made for the defraying, by the state,
of the expenses remaining unliquidated at the time of
the promulgation of the royal ordonnanoe. All existing
privileged tribunals (tribunals before which privileged
persons or classes were brought to trial) are also abo-
lished, with the exception of the palace one, which has
to decide on cases of dispute between members of the
royal family and persons belonging to the household
of the sovereign or of his royal relatives. The Posen,
Konigsberg, and Oriefswald courts of appeal are sup-
premed; the remaining twenty-two (including the
Cologne one) will continue their functions. The
establishment of a supreme tribunal, through the
junction of the Rhenish court of revision and appal
with the secret supreme tribunal of Berlin, will be
the subject of a special law to be hereafter issued. A
revision of the costs of courts of justice is promised.
The examination of parties brought or summoned
before courts of justice is to be conducted orally, and
those courts are to be open to the public, except when
the judges think proper, on grounds of public
morality, or of the public welfare, to carry on the
proceedings in private. That foregoing provisions are
contained in a royal ordosinanes, intitultd " Ordon-
nance relating to the abolition of private tribunals
and privileged courts, as well as the organisation, in
other respects, of tribunals?' In another onion-
nance, it is set forth that, for the future, the
courts shall not, ex officio, take the initiative in
bringing offenders to justice, but shall wait until a
complaint be lodged by the crown prosecutors. Par-
ties accused of serious offences cannot claim the aid of
counsel until the preliminary examination is ter-
minated; but persons accused of such offences will be
provided with legal assistance, iu case they have not
procured any. No defendant can be compelled in
any way to make any statement. \Witnesses sub-
vented, and not attending, are to be fined 20 thalers,
or imprisoned for eight days. Persons charged with
grave crimes and with certain political and press
offences are to be tried by a tribunal composed of five
judges and a secretary, and," with the co-operation of
jurymen, as assistant judges."
The qualifications fora juryman are: that he be
30 years of age, able to read and write, in full posses-
sion of his civic rights, and a resident during 12
months in his district. The exemptions include
certain Glasses of government vivo:lye's, clergymen,
elementary teachers, servants, and persons (except
certain categories of professional men and govern-
ment employes) not paying at least 18 thalers
(21. 14a) as a class-tax, or 20 thalers as a ground-
tax, or 24 thalers as a trade.tax. Persons not attend-
ing when duly summoned on a jury, to be fined 100
thalers (131), and 200 thab re if absent a second time.
A jury is to be composed of twelve persons; travel-
ling expenses, at the rate of 8 silbtrgrochen (10d.)
per German mile, to be allowed, but no other ray-
ment Jurymen may be challenged, either by the
plaintiff or the defendant. The jury of 12 to be
chosen by lot, out of 36 names. A form of oath is
prescribed for jury men. The opinion of the majority
of the jury is to be considered the verdict;
but when there is only a majority of two,
the judges on the bench are empowered to
add their opinions to those set forth by the jury, and
the question of guilty or not guilty to le- decided by
the gross majority of the judges and the jury together.
The question, however, respecting mitigating circum-
stances is to be considered settled in favour of the
defendant, when one half of the jury declare that
such circumstances exist. If the judges be of the
unanimous opinion that the verdict of the jury is
erroneous, in point of fact, they may e.c-officio, but not
at the instigation of any party, refer the case in point
to a new jury, " but not to the disadvantage of tLe
defendant. The second verdict, whether it agree with
the first one or not, will be binding on the judges.
These ordonnunces and provisions arc to come into
operation on the lat of April next, but political and
press offenders of a certain class will be tried forth-
with, by judges and jurymen sitting together.
The Chevalier Bunsen was exrected to arrive in Berlin
on the 916, in order to confer with ministers respecting
the affairs of Sleswick-Holstein. From the Prue•eian
capital he will proceed to Frankfort. The Berlin
Deutsche Reform complains of ante-Prussian tenden-
cies and efforts in Saxony.
ACSTBIA.—Our intelligence from Vienna reaches
to the 3rd inst.

The governor of ti.at capital had issued, at that
date, another proclamation, setting forth that the rapid
progress of the operations in Hungary had scarcely
left time to make the public acquainted with the lead-
ing events of a campaign which, in a fortnight, had
brought the left column of the army as far as Kaschau ;
another one, through the pass of Jablunka, to
Nenstadt; a third one to fjrnau, in the direr.
tion of Mutt& ; a fourth one from Presburg,
to the front of Comorn ; the main body
of the army, after the outrages at Babolna and
Moor, to the neighbourhood of Pcsth ; and the
right column from Steinamanger and Kormtnd to the
northern bank of Lake Platten. The hitherto sepa-
rated columns (it is added) would now act in unison.
The result could not be doubtful, particularly as the
leaders of the rebels bad either arisen from the infe-
rior ranks of the army or from the class of lawyers.
The impious drama would sooa come to an end. Before
the 22nd ult., the extreme wing, under Sehlick, had
pacified the entire tract of country from the Carpe-
t hien mountains to beyond K asch au. A freecorps, under
Count Stephen Szirmay, had been firmed in the Bares
comitat, in favour of the imperial cause. On the
30th of December, Lieutenant Field-Marshal Wrbna
had summoned Comorn to surrender, a summon=s
which was disregarded by the commandant of that
fortress, named Meytheny, who was formerly an
officer in the Austrian army. The proclamation
further dues, that the Danube end the Waag are
completely frozen over ; that they can be crossed, even
with the heaviest pieces of artillery, at all points
which form the chief defences of Comorn, and that
the leaders of the insurgents display the greatest igno-
rance of military tactics and the art of fortifying
towns. It is asserted, also, in the proclamation, on the
testimony of " many honest inhabitants of Raab," that
the Magyars had poisoned • quantity of fresh meat
placed in the way of the imperialists; that the former
had massacred 53 Croatian prisoners in Guns, de-
stroyed a vast deal of property, robbed the royal stud
at Babolna of 103 horsey, and taken away with them
138 oxen exposed in that town for sale. "At the
head of all these lawless deeds (continues the procla-
mation) stand partly the high nobles of the country,
and partly the intelligent individuals who would
Propagate light and freedom in neighbouring lands."
The proclamation, which, judging by its personal in-
vective, would appear to be dictated under the
writhings of defeat rather than in the glow of victory,
concludes by breathing the most sanguinary ven-
geance, and by stating that the property in the Eisen-
burg Comitat, of the following noblemen, have been
placed under sequestration: Counts Lewis and Kasi-
mer Bathyany, and Count Anthony Zapary.
It was asserted in Vienna, on the evening of the
Ist, that Jellachich, after having defeated (as we have
already stated, on the faith of an army bulletin) the
Magyars at Moor, pushed on as far as Todkis, and,
after a short delay, advanced to within four German
miles of Pesth.

The Emperor is expected to arrive in Vienna on the
12th inst., preparatiocs for his coming being made in
the palace. Meantime, all foreigners (amongst whom
non-Austrian Germans are included) have received
orders to quit the capital, unless they can satisfacto-
rily- account not only for the nature of their occupa-
tion, but also for their political conduct. The restric-
tions on the press are severer than ever, net only in
Vienna, but throughout Austria Proper.
A Siebenburgen journal states, in a correspondence
from Bucharest, under date Dec. 12, that a new Rus-
sian army corps of 16,000 men will be shortly added
to the twenty-five or thirty thousand Russian troops
in Wallachia. It is thought this imposing force w.ll
form a military cordon along the Hungarian frontiers.
FRANKFORT.—Our letters and journals of the
Bth inst. have come to band.

The followings a translation of the important note

addressed by the Austrian government to their pleni-
potentiary in Frankfort. Herr von Sehmerling
VIENNA, DEC. 28, 1848. Witlnut into a
thorough amination of the programme laid before the
German National Assembly by the minister cf state, Herr
von GI/ern—an examination which must be reserved for
another —I deem it nevertheless incara'.cnt on rue to
direct the attention of the minister to the toad •ine points
That programme set out with the idea that Austria had de-
clared it would not enter into the future German confei'erate
state ; that Is to say, it would hold aloof from it. Now in
the explanation respecting the line of policy of the Austrian
cabinet, u giros at Krunsitr on the 27th ult.,
it was expressly stated that the regulating of G^r.
man affairs would be reserved for future negotiations, and
no views were set forth of the kind attributed to us in her
von Genera's programme, It follows that, while; we do not
admit the premises, we must assert th^impossibility, cu our
side, of agreeing with the deductions Austria is atil •
German confederate power. That position, the result of the
natural development of relatioas of a thonsand year's due.
tion, it does rot think of abandoning. If, as we sincerely
wish and willingly expect, the internal hi 'ding of the
interests of the various portions of (Lunacy mar and can be
successfully effected ; and, when the constitution at which
Austria is now working shall he brought to a happy termina-
tion, then will Austria know how to maintain its place in
this new confederate body. In any case, the future tetra of
the herstotore existing German confederation of states would
be encroached upon in an important manner, were the seces-
sion of Aua:ria from the—so-called in the programme—future
" confederate state" to be taken as a settled affair. The de-
mand on the part of the minister in the National Assembly,
for permissisn to establish a diplomatic communication
with the Austrian empire, appears to be the result of
the supposition which we bate resulted as unte• able.
Like all other German confederate stet, s, we hav- a pleni-
potenti try at the seat of the centril power. As heretofore,
his interposition will suffice for the transacting of business
with the ministry. You are, theta fore, instructed to endea-
vour to persuade Herr von sawn, uron the above gnu ds,
to give up the intention of entering into a diplomatic com-
munication. That which we seek is a fricitous so:ution of
the great question. The minister (Herr von Gwen) may
rest muted that that solution is only attainable by coming
to an understanding with German kovernusenta, amongst
which the imperial one takes the fret place. We arc rata
willing to lend him a helping hand at kis difficult work.
We expect also upon his aide—and his distingubheil
qualifi-
cations as a statesman justify this hode—a just appreciation
of the a ate of affairs and those willing aLyances which can
alone lead to a satisfactory arrangement.
(Signed) BCHWAVIZENDERO.
The general impression is that Von Gegern will
not modify a syllable of his programme in cons: queues
of the above Alachiavellic note.

POST-OFFICE NOTICIL—Some doubts appearing
to exist whether inland postage is to be t.ken in th, United
Kingdom upon letters addressed to be cone, yid between the
United Kingdom and the United Bates, by the contract
packets belonging to the United States government it is
necessary it should be understood that no postage whatever
is to be taken in this country upon the letters to que.tion, as
the pottage due for their convo)ance will be collected in the
United States. Letters forwarded to the United B:at.-s by
the British co!.tract mail packets, or ty any private ship, are
liable to the same rates u heretofore.
ELECTRICITY VICE STEAM.—Since tho discovery by
(L•'rsted of the magnetic power implrte-1 to b•rs °Clem
by an electric current travereing clever sire coiled around
them, numerous attempts have ber.4 mall, with various
degrees • t success, to move rnaebiniry be thee een, mous fort*
which we Lave thus at our command. The me. ranarkable
experiments are those of Prof. Jacobi, who, in PM and 1839,
succeeded in p;opellicg a boat upon the Ncve at the rate
of four miles an hour. At this time an engine is in proem
of construction in London, usur the direction of Mr. lij.,rth,
a countryman of the great discover of electro•magnetism,
which the patentee supposes will give a power rqu.il •o five
hones. We have seen the model, which certainly embraces
many new features that promise to rend r the application
of the power more effective than it has:been hitherto. One
of the electromagnets made for the large engine, in a r coot
trial, eupprted nearly 5,000 Ib , an,. its attractive force at
one-eigtle of an inch was equal to nearly 1,500 lb. As this
force can be multiplied without limits, the question is
reduced entirely to one of economy and conveLience.—
Allseasessns.

MATH BY BURNING.—On Sunday afternloi a
widow, named Frances Exley, 82 years uld, wno resided
alon, in a cellar in Leech, was found burnt to death in her
domicile soon after four o'clzck. She had been seen alive
by some of the neighbours atter dicta r, but uo one 11 Ard
my alarm, and no tram could be fourd es to how the burn-
ing had been nutted. The coroner's jury artrruingly re-
turned a vrrdict of " Burred to death, but by what on a=
no evidence appears to the jurors."