The Express.
London, England, 1865-12-09 00:00:00

THFt

to the Scotch bar, and resideti 4eotlana
his death. It remains only to add t2tit the fain*
Burrow and Mr. SHAW died in 1852, and that Mrs.
Burrow or SHAW died in 1863, leaving two daugh-
ters and a son by her husband, Mr. Saxe. Mrs.
SHAW, during her life, enjoyed the interest
of the property left by her grand-unole,
JOHN Wrusow. When she died it was
claimed by these three children, and the
question which Vice-Clianoellor Kiwossai,sv had
to decide was whether they were entitled to it—
in other words, whether they were legitimate.
There was no dispute that the original runaway
marriage between the farmer Burrow and
Miss HICKSON was a legal marriage. Unless,
therefore, this marriage was legally dis-
solved by the decree of divorce pronounced
by the Scotch courts, it continued to be a
marriage, and the other children of Mrs. Buxrow
Or SHAW were illegitimate. And this we*
the conclusion at which the Vics-Cnairciuxos
arrived. It is well known that there is a standing
dispute between Scotch and English lawyers upon
questions of divorce. According to the doctrine
of the Scottish judges residence of one of the
married persons in Scotland during 40 days is
sufficient to found the jurisdiction. Axording to
the doctrine of the English judges the time allowed
is too short ; and in this respect it is probable that
the English judges adopt the more reasonable
view. In the case of the farmer Burrow he was
an Englishman by birth and by residence ; his
wife, Miss HICKSON, was in the same position.
Burros went to Sootland for no other pur-
pose than to obtain a divorce, and never was
domiciled in the country. There can be no
doubt, therefore, that, according to English law,
the Soottish courts had no jurisdiction which could
be recognised by an English court ; and that Miss
Iliessow was a married woman when she married
Mr. Slow and became the mother of the three
children who claimed old WiLsow's property.
It was by no fault of these poor children that
they were deprived of that property. The
childish folly in which a girl of sixteen in-
dulged for a few hours has been to them
of serious consequence. The VICE-CHANCELLOR
had no choice to determine otherwise than
he did. But it does seem a strange
perversion of common sense to maintain, as the
English lawyers maintain, the validity of a con-
tract of marriage concluded by means of a crimi-
nal conspiracy, and for concluding which the
husband has been convicted and punished. It is,
perhaps, stranger that the law of England should
provide no possible means of dissolving so fraudu-
lent and criminal a contract.

OUR CONTEMPORARIES.

(THIS DAY.)

AMIMICA.
The Times foresees that the plan of the American
Secretary of the Tressury to restore the circulation to •
specie buds will meet with determined oppositien in the Con-
press, though there can be little doubt of its wisdom. Mr.
M'Cufloch will seek to accomplish his object by a isen.
tinuou withdrawal from circulation of Treasury.notee and
the rest of the inconvertible currency, paying off as much
as he can, and funding the remainder. Next to • return to
cash payments he desires a reduction of the national debt,
and for this purpose it is sassatial that he should retain •
considerable surplus of revenue over expenditure. A simpli-
fication, however, of the taxing system of the Union is as
much a desideratum as the reduction of the debt. At
present the production of wealth is wantonly impeded, and
the industry of man is hampered by taxes which are really
unproductive, sod by customs' duties which tax the Union
for the benefit of the menufacturers of the older states. If
Mr. M'Cidloch will propose the abolition of unprofitable
imposts, and will use his influence to procure the reduction
of duties which are strictly protective, he may remain in
receipt of as large an income as be enjoys at present, and
have the satisfaction of knowing that the progress of his
fellowtit'ueas in hindered to as alight an extent as is
consistent with the existence of taxes at all. It may be
that even then he and his successors will not suoceed in
paying off the whole of the debt in 30 years, as Americans
fondly hope ; but if he does not achieve this success, he
will, at least, have deserved it.
The Daily News thinks it encouraging to see the political
sagacity of the north awake, at this most critical time. le
the elections, and the almost universal support of the Pre-
'idiot, we see what all friends of free government should
be thankful foe—generosity and fakeer, instead of vindic-
tiveness towards the vanquished; a pith of reparation
towards the emancipated race ; a patriotic courage in pre.
ferring to reinstate the fallen opponents, rather than
imperil republican principles by any exercise of
military or other despotism ; end • constitutional
fidelity to the established authorities—the executive, the
Supreme Court, sad the Congress—which induces a singular
harmony at an unparalleled crisis. The alternative is, in
fact, between a true, thorough, generous reconstruction of
the republic, and the outbreak of • new conflict, after •
longer or shorter interval. There are perils in abundance.
whatever course is taken ; the sins of a century cannot be
expiated in a day ; but, as far as can be discerned at present,
the best hope seems to lie in the direction to which the
great majority of the American nation gives a stronger
sanction from day to day.
In another article the Daily News states that from the
beginning to the end of the war there were destroyed or
bonded by Southern cruisers 4 steamers, 78 ships, 43 trigs,
82 barques, and 68 schooners—in all 275 vessels, of nearly
1,000,000 tons—an amount sf destruction which hu never
before been approached by any power having so few naval
resources of its own as the government of the late Conic-
%rate States.