The Express.
London, England, 1851-01-24 00:00:00

GERMANY.

A letter from Frankfort confidently asserts that the
Grand Duchies of Baden and Hesse have protested
against the projected constitution of the " execuive
power" of the confederation, whilst a letter from Berlin
affirms that the small states bad expressed their acknow-
ledgeneut to Count Alvensleben for having preserved
to them a participation (whatever they may mean) in
the executive power which the Austrian project would
have deprived them of. It adds that Denmark insists
upon an entire vote on the ground that the kingdoms
are to possess one. It is remarked, however,
that none of the acts of the conference have
as yet the character of resolutions, or are in any way
binding, no proposition has as yet been put to the
vote. Even the mode of voting is not decided on.
The points in dispute between the two Diets' com-
missioners and the Danish commissioner remain still
open. It has been officially notified at Ham.
burg that that city is to be garrisoned by
Austrian and Prussian troops—not exceeding 4,000
in number, for as short a time as events may permit.
In the first Berlin Chamber a motion was made on
the 22nd by M. Arnim, protecting against the occu-
pation of Schleswig-Holstein by Austrian troops—
let, because a promise to the contrary effect had been
made by the commissioner to the Stadtholderate ; and
2nd, Because such an occupation would endanger the
integrity of the territory of the confederation.
VIENNA, JA,r. 18.
The Archduke Albrecht has been appointed to the
command of the combined Austrian and Prussian
army in Holstein. He left this yes'erdty for Toplitz.
The Finance Minister will call together a Finance
Congress in February.

The news reached Berlin, on the 20th, that the
Austrian Minister of Justice, M. Schmerling, has sent
in his resignation, which has been accepted by the
Emperor. It is said that Schmerling could not agree
with other ministers on the subject of the "jury," and
that this is the cause of his retreat.
BEULIN, ILK. 22.—Voluntary Loan, 1061 ; New Loan,
Four.and. a-Halt per Cent•., 100; National Debt, 841; Com-
mercial Maria. Society'. Premium, 130 ; Bank Share., 96.
VIINNA, JAN. 21.—Ftre per Cent. Metalliquer, 941;
Four-and-a-lialf per CCM.. ditto, 821. Bank Shafts,
1138. Exchange on London, 12 43.

REORGANIZATION OF THE ADMINISTRA-
TION OF JUSTICE IN LOMBARDY AND VENICE

The Vienna Gaulle contains an address by M.
&hinerling, Austrian kiinisier of Justice, setting forth the
cabinet plan for the future administration of justice in Lim-
hardy, rendered necessary by the abrogation of patrimonial
sad hereditary jurisdiction in that kingdom. This docu
mint commences by noticing the opinions of the men of

confidence called to Vienna agile an opinion on the project
of June, 1849, and state that they have had considerable
influence in modifying the new proposition. The judicial
constitution of the Lombardo-Venetian kingdom hu been
twice subjected to essential changes within the last 60 years,
not in the way of gradual change, but suddenly, and in
csnarquence of evente which affected the whole political
framework of misty in those land*. After the Lonshardian
provinces had been conquered by the French revolutionary
army at the end of the 17th century, a cinstitution framed
upon the mode of that of the mother republic was Riven to
the new state. Publicity was introduced into judicial pro-
seeding., which were also conducted orally instead of by
written documents as heretofore. Judicial and administra-
tive functions were at the same time divided. The old forms
were still retained for a long period in civil cases. When
in 1804 the Italian republic was constituted a kingdom
the juridical system was again modified, and new codes were
introduced : publicity wu retained In all criminal cases in
the first two instances, and introduced info civil sults ; a
court of caseation was also placed above the inferior tribunals.
The gement subsisted until 1815-16, when it was
abolished to make room for en extenaion of the Austrian
system. Proceedings by indictment now *eased to be public
or oral; the Austrian civil code of 1811, end the CFI/Alegi
code ef 184.3, replaced the Codex Nepotistic, and the admi-
nistrative offices of justice were re-annexed to the judicial.
Still between the Lombardo-Venetian provinces and
the rest of the monarchy this distinction orevailid,
that In the former there was patrimonial jurisdiction, the
lower jetties, were relieved from political duties, and, with
the exception of the revenue tribunab, there was no privi•
leged court. There exist at the present moment in the
Lombardo-Venetian kingdom 11 high tribunals, 9 civic
courts of justice, and 64 miner courte. The system 01
publicity and oral proceedings was regarded with marked
favour by the Italians while It endured, and its
abrogation was regarded, notwith.tanding it. many defeats,
with strong regret. At the same time, the impartiality
of the Austrian administration of justice and the excellence

efitac7ocles have been generally acknowledged. la
any new system, therefore, it will be expedient, while
istroduciag or restoring what 'may be expected to
satisfy reasonable desires, to retain, also what has been found
to work well. The leading principles at the ministerial pro-
position of Lice 14, 1849, were to give to all the provinces
Institutions oorrespending to their special wants, and to pre-
serve, so far as possible, fundamental ideas common to the
whole. Reverting to tlie opinions ealleeted from the men of
confidence, the minister observes that courts, with simile
Adele, were on all hands objected to. Th. pima,* relating
to trial by jury is so remarkable that we Simulate it literally.
"A killing question concerns the introduction of juries. The
institution of juries is erisalsal cues is one of those contained
in the imperial constitution. Careful inquiry and deliberation
ho, however, convinced as that this institution is ill adapted
for the Lombardo-Venetirm kingdom. It does not appear
to senespmel with the national character, sad it is doubtful
whether its introduction at the pretest moment would be
=as ahem, or regarded ea an undesirable innovation.
those dememstaaces, it op are desirable to mins
the sew moms ef seismical proceeding. to publicity sad seal
asossedses." The minister proposes to eonstitate the
et marts thus t—Two mute of appeal—one at Whs,
rooli rher at Venice. Seveatosu marts ei.jostise—visr
ty
sedi at Milan, Paola, Lodi, Cremona, Mres, Bergen%
Mantua, Como, Sondrio, Venice, Padua, Timm, Verona.
Row*, &limo, Treviso, and Cass. The commercial
courts of Milan and Yeales are teeaperuily retained. A
number of petty magistracies are at the same time esta-
blished throughout the Lombardo-Venetian monarchy.

ROYAL Comato, or Bums°Ne.—The following
neettemen bung asetertme the ameetary exlminations
wen admitted mention of 'be Why* as the 23rd lut. :
Munn. Thomas Colts Him, et. Georges Bermuda, end
Etwud Thom Hsvertordwelt.