The Express.
London, England, 1867-04-11 00:00:00

I. ri sr INTELLIGENCE.

TIIE LUXE:MIA:RI: QUESTION.
'e• r mh. of to-day says, in reply to articles ill
i•., \ •th G./ note :Uhl f •••I•s”.•• :
. t.,.t liOteOlve that the French nation has sought
the ;illualis, of that it has refinual to extend
1 thew ; and if the people ..f Berlin had
.„,,, w. II inform. .I, or wished to he well informed.
i„ , kia.w how much Frenchmen are now opposed
iniptilscs, and that they are not quite without
• ...t i perspective
ai this point. The pepective of the annex-
. I.ns.ittlnirg has exercised no fascination upon
,11,1 we not hesitate to say that the pure
•ph.• m utcalisation of Luxemburg—the mainte-
. . . • its autonomy- would give more satisfaction
...-•pl, it, than its pare and simply Mattis-
_ .t• the N. ref, I.', 'ono" GtrAte has been pleased
:.. lats. tho quostion of nation against nation, we must be
not to tentark that if the German nation have on
sc.:. ic nuic. rvd instruction, the landwehr, and the
. Ito I. is a ground on which it is far front
I• and that is the ground of uni-
.. •.1 tics. Its thi., point the Col,rtn. (saint
pt. •I• a ith a striking example. That jounial admits
tl • thct. is no longer ally German patriotism in Luxem-
.t..l that licither in tacit nor country is there any
1.. 'lt.4 of fellowship with Germany. Although the people
prefer tin it autonomy they have no in-
s .is•rahle repugnance to annexation with France. These
ti r. sults of the observations of the ('n/ogne
r: • . :aid the cot.clusion which it draws front
t! in is this " With regard to Germany, this is not a
nnestion of national sympathy. hut a question of interest
- that, liana ly. of prescrving the fortress of Luxemburg,
which i< itcc.•scaty to Germany as a defence against
Fiance. Lct hope that all Germany will agree
tit sagetea•iy maintaining that interest." The Cologne
r., .r. is sue of the most widely circulated of
t;.• I ierniall journals. Let us suppose the Cane re-
r-sl. We do not hesitate to say that a French
• nal which would use such language would violate the
..atscicuce of its readers, and it would be difficult to find,
at po-sed, a journal in France which would so shamelessly
toe' so openly propose to snhjeet the wishes of popula-
tions and international justice to the interests of a mili-
tary positton.
The bith)prild.tinte says :

Flom the moment Prussia appeal►d to the treaties of
to the judgment of the signatories of these demi-
,. at-, France was compelled to follow her upon that
ga•iund, itll.l thus to secure, if not the maintenance of
pa, e. at least the postponement of war. Whether
the consulted lowers deliberate in common or
by an exchange of notes, their principal task
will be to find a combination which shall give to both
Filet and Prussia equal guarantees of security. The pro-
ject of a cession of Luxemburg will be but of secondary
importance in the arrangements. The chief difficulty will
arise on the question of the occupation of the fortress. The
idea of neutralisation is that which obtains most favour on
all sides. It may be accepted by both parties without
any promise of dignity, and would complete the acts
of the London conference of Dell. But whatever may be
the final results of the deliberation of the powers, peace
will only be really secured when the cabinets of Paris and
Berlin seriously agree to preserve it, and when for the
sentiments of jealousy and distrust, which are now mani-
fested in lath 01111e1 tric., they will have substituted those of
a ni ut nal imilertitanditig, not only respecting their particular
interests but with regard to the general interests of
Europe, by the abandonment of all ideas of conquest
and personal annexation.

The Paris correspondent of the same journal
says :

There are to-day two currents, one of peace and one of
war, hut the latter completely overpowers the former,
by the vivacity and inoltiplicity of its assertions. Thus
the naval officer who is to command the Baltic squadron
has already been named, namely, Vice-Admiral Fourichon,
who. it is said, is to take Kiel, and to proclaim the Duke
of Oldenburg in the Duchies, with a view of gaining over
Russia. All the vessels of war coming from Mexico are to
be sent to the Baltic. It is even said that war was to have
been proclaimed ;it once hy the sendingof an ultimatum, and
and that its des atch was delayed only in deference to
the eritreati.s of the Empress and the advice of General
Fleury. who represented that a respite would be advanta-
geous as it would afford time for preparation. The num-
ber of Chassepot rifles now in the hands of the troops
amounts to 60,000,andastheyare being manufactured at the
rate of 1,000 per day, it will not be for a want of arma-
ment that France will be exposed to danger. She
will be ready at the proper time. The provincial
journals speak of engines of destruction of a power here-
tofore unheard of. The telegraphic wires between Berlin
and Paris seem to be reserved for the use of the govern-
ments. There is talk of conferring extraordinary powers
on the Emperor, and • prorogation of the legislative
bodies, but this report is at least premature. On the
other hand there is a rumour of the assembling of a con-
gress in May, but this does not find much acceptance. The
Emperor had a long conference with M. de Moodier
this morning, after which a conversation took place between
the Minister for Foreign Affairs and IL de Gone. It is
said that Count Biemarek would personally Nave no ob-
jection to do what France asks, and to buy at this low price
the sanction of Franco to the immense results which he
has obtained ; hut that unhappily the excitement of the
people of Germany will not permit him to yield on the
occupation of Luxemburg, and the language of M. de
Coltz leaves little hope in this respect.
The Moniteur du Se,ir, in its weekly bulletin,
published yesterday evening, says :
The French and foreign press have given circulation for
some time past to incorrect view.; and intelligence concern-
ing the Grand Duchy of Luxemburg. The government has
deemed it useful to place the facts in their true light by •
communication destined to tnumuillise and enlighten public
opinion. The Minister for Foreign Affairs has been in-
structed by the Emperor to inform the Senate and the
Legislative Body of the present state of the question. The
uncertain situation of Limburg and Luxemburg had
given rise to preliminary negotiations, having no official
character, between France and Holland, when the Cabinet
of Berlin, consulted by the King of the Netherlands,
referred to the arrangements of the treaty of 18d9, by which
Belgium was separated from Holland and the limits of
their respective territories were determined. The govern-
ment of the Emperor had no reason to refuse an exchange
of idea between the signatory powers of this act. It has
besides only admitted the eventuality of an acquisition
under the following three united conditions :—" The free
consent of the King and Grand Duke ; the loyal examina-
tion of the interests of the Great Powers, and the vote of
the populations manifested by universal suffrage." The
public may be assured that France will be able to reconcile
the requirements of national dignity with the interests of
peace and sentiments of moderation and justice.

ALLEGED REPLY OF AUSTRIA ON THE
LUXEMBURG QUESTION.

The Memorial Diplomatique says that the Aus-
trian government has returned an answer as one
of the signatories of the treaty of 1839 on the
Luxemburg question, of which the following is the
substance :

Austria is of opinion that when Prussia, without re-
gard to the powers who ware guarantees of the
final treaty of Vienna, arbitrarily broke the Ger-
man federal pact and effected important annexations
in Niiite of the protests of the legitimate princes and the re-
metnece of the respective populations, the right of the
Kin; of Holland to dispose freely of the Grand Duchy of
Lout nburg, which is his personal appanage, cannot be dis-
puted. The dissolution of the German Confederation has
friril the King of Holland from all federal engagements
which he contracted in his quality of Grand-Duke. His
Xijesty has therefore recoveryd the plenitude of his *eve-
nigtity, in virtue of which the powers who signed the
tri..ities of 11t19 should allow him fall liberty to am on his
own re-punsibility.

(REUTER'S TELEGRAMR.)
THE LUXENIBURG QUESTION.
ST. PETERSBURG, Ai'uc 11.

The official Northern Post publishes an article,
uating that no apprehensions need be entertained
,f any warlike complications arising from the
Lgx,let.nrg lineation.
The Northern Pods confident that the Emperor
of the French will shortly dissipate any such appre-
-11 erNionl by an energetic disavowal of warlike
iLtkutions.

TURKEY.
CONSTANTINOPLE, APRIL 3.
(rid Marseilles.)

A deputation of Bulgarians has just presented a
petition to the Sultan, asking for certain privileges
referring to the autonomy of Bulgaria.
Prince Michael has been received with great
honours by the Sultan and the Porte.

INDIA, CHINA, AND AUSTRALIAN MAILS,

MARSEILLES, Aran. 11.
The China arrived at 11.15 p.m. yesterday.
The twills leave for London at 11.30 a.m. to-day.

oUTWARD INDIA AND CHINA MAILS.
GIBRALTAR, APRIL 9.
_ _ _

The Pera, from Southampton on the 4th, arrived
yesterday at 10 p.m., and left at 9 a.m. to-day for
Alexandria.

AMERICA.
(n ATLANTIC TELVIRAPIL)
NEW YORK, APRIL 10. 6 P.M.

The Governor of Georgia has filed a bill in the
Supreme Court to stay the execution of the Re-
construction Act.
COMMERCIAL INTELLIGENCE.

Closing prices :—Gold, 1371. Sterling exchange
on London, IOW". 6-20 United States Bonds, 109;
Illinois, 113 ; Erie, 531. Cotton : Middling Up-
land, 2s. Petroleum, refined, 20.
The Inman steamship City of Dublin arrived out
to-day.

LAW INTELLIGENCE.
(THIS DAY.)

HOUSE OF LORDS.
APPEALS.

The noble and learned lords present to-day were the Lord
Chancellor, Lord Cranworth, and Lord Colonsay.

yontem YAWN PT AL

.....
This wax an appeal from the Second Division of the
Court of Session in Scotland, the appellant being the
Reverend George Hay Forbes, minister of the Scotch
episcopal congregration, Burntisland, near Edinburgh,
and the respondents, the Right Reverend Holt
Eden, D.D., one of the bishops and prismsa of the
episcopal church in Scotland, and 19 other members of
the General Synod of that church, held at Edinburgh in
July, Dei2, and continued by successive adjournments
until Feb., 1863. The question was whether certain new
canons enacted by such Synod were binding upon him.
and whether he was entitled to damages for the injury
and loss which he alleged he had sustained through the
enforcement of those canons. The appellant conducted
his cute in person, but he had the assistance of Sir K.
Painter, I/.C., and Mr. Fitsjarnes Stephen. The Attorney-
General and Mr. Mundell, Q.C., appeared for the respon-
dents.

The Rev. Mr. Edon, the appellant, was o-dained
in 1848, and on the following year was instituted to
the pastoral charge of the episcopal congregation
in Bunitisland. Under the deed of institution
he held his position for life, and could only be
removed for an offence against the canons of the Scotch
episcopal church. Prior to his ordination he duly sub-
scribed the canons of that church, drawn up and enacted
by the bishops and clergy in a synod held in Edin-
burgh in 1838. This ordination and subscription, he
contended, constituted the agreement or contract which
regulated his rights and privileges as a clergyman
of the church. By the 33rd article of the canons of 1838
it was enacted that a general synod of the church should
have power to alter, amend, and abrogate the canons
in force and make new canons " in conformity with the
recognised constitution and acknowledged practice of
the church." At the general synod of 1862.3 a new
code of canons was adopted, and the appellant
said he could not conscientiously obey this code, and that
under it he was liable to penalties, even to degradation
from his office as minister of the church, and to deprivation
of all the temporal advantages belonging to such office.
He complained of the introduction of the whole
of the English Prayer Book as the doctrinal
formula of the Scotch Episcopal Church, whereas
hitherto the clergy of that body had only been
obliged to approve certain parts of it, and also to the dis-
placement of the Scotch communion-office from the posi-
tion it had hitherto occupied. The order for the burial
of the dead, the ministration of baptism to infants, and
the v isitslion of the sick, were the parts of the service in the
Prayer-book, to which he entertained conscientious
objections. The appellant took proceedings in the
court of session for the purpose of having it declared
that the canons enacted by the general synod of
1862.3 were null and void, or, in any event • de-
clared that it was ultra vies of any general synod
of the church to alter, amend, or abrogate any of the
canons of 1838, or make new canons, except so far as they
were in conformity with the recognised constitution, and
acknowledged practice of the church at the time when he
joined it, and as set forth in those canons which he sub-
scribed. He likewise claimed damages. The case came
before the Lonl Ordinary, who gs.ve judrnnent in favour of the
respondents,and the second division of the Court of Session
held that judgment. Hence the present appeal to the
House of Lords. On behalf of the respondents it was
contended that the courts of law could not enter-
tain any question as to the ceremonial, discipline,
or internal management of an unestabliahed religious asso-
ciation like the episcopal church in Scotland, except for
the purpose of enforcing a civil right or remedying a civil
wrong, and the appellant had set forth no civil interest
dependent on any question of that description. It was
also argued that the general synod was competent to enact
the canons complained of.
The arguments extended over three days, and this
morning
The Lord Chancellor said he was of opinion that no civil
court could take cognisance of the rules of a voluntary re-
ligious society made for the regulation of its own affair,
except so far as they related to collateral questions affect-
ing the disposal of property. In the present case, the ap-
pellant had not shown 'that he had sustained any
injury for which a civil court could give redress,
and that being so, he thought the respondents were
entitled to judent. The noble and learned lord then
examined the ecclesiastical portion of the case, although

he intimated that strictly speaking they were not called
upon to deal with it, and expressed the opi-
nion that the appellant had failed to establish
any good ground of complaint against the new causes
which it was perfectly within the competency of the synod
to enact. He concluded by advising their lordships to
dismiss the appeal, and, he regretted to add, with costs.
Lord Cranworth and Lord Colonasy concurred, and the
question having been put,
The appeal was dismissed accordingly.
COURT OF BANKRUPTCY.
(Before Kr. Commissioner Winslow.)
IN lir JOHN uIIItELL LEVER.

The bankrupt, late member of parliament for Galway,
was described as a general agent, of Cannon-street, City.
He is well known from his connexion with the once cele-
brated Galway contract for a line of transatlantic steamers
from that port. This was an adjourned sitting for exa-
mination and discharge, but the accounts have not been
filed. There bad been an attempt to take the case out of
court by means of a deed of inspectorship, but it failed.
The trade liabilities are stated to be about 10,0001.
Mr. Linklater, for the assignees, asked for an adjourn-
ment. _ _

Tiverton, who stated that he appeared for the late
Attorney-General of Ireland, asked that the protection
should be withdrawn. The bankrupt had simply come to
the court to get protection, he being liable to arrest for
the costs of the petition against the Galway election.
He had not given up any property, though it was known
that he had upwards of 3,000 f., nor had be filed any
accounts.

Mr. Linklater said the accounts were in a state of for-
wardness, and his Honour directed an adjourn rent for
three weeks.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

(Before Baron Chennell )
CHARGC or Kt:swim.

Karl A nderaen, 30, a Swedish seaman, was placed et the
bar to take his trial for the murder of James Marchin.

This case was postponed from the last session. The
offence imputed to the prisoner was that while engaged as
• seaman on beard an English merchant ship he attacked
one of his comrades while he was asleep and nearly
chopped his head off. It was suggested that the prisoner
was not of sound mind when the act was committed, and
the trial was postponed in order to .afford an opportunity
ter certain witnesses to attend on behalf of the prisoner.
When the prisoner was placed at the bar and called upon
to plead, through the medium of an interpreter, no answer
could be obtained from him. The question was put to him
whether he was guilty or not guilty, both in the Swedish
and English languages, but the prisoner stood mute, and
no answer of any kind could be obtained from him.
A jury was at length empanelled to try the question
whether the prisoner stood mute of malice, or by the visi-
tation of God.

Mr. Gibson, the surgeon of the gaol of Newgate, was
then examined, and he stated that he had seen the
prisoner almost daily since the 31st of January, and for a
short time he answered the questions put to him in
English, and seemed to understand what was said to him.
Since the last session,. however, he had not said anything,
except upon one occasion, when he made an observation to
the effect that he wished to know when they were going to
shoot him. . .

In answer to quediona put by the learned judge,