The Express.
London, England, 1858-12-04 00:00:00

LATEST INTELLIGENCE.

FRANCE AND AUSTRIA.

AND =rum nizow..)

PARIS, SATII/LEILT MOIL-NINO.

The Moniker says that a discussion, sustained
with regrettable persistence by various journals at
Paris, seems to have caused an anxiety which the
foreign relations of France do not justify to any ex-
tent. The government puts the .public on their
guard uto a controversy which is of • nature to
affect the relations of France with an allied Power.

EXPRESS FROM PARIS.

(non 001 01111

PARIS, FRIDAT ETINTNO.

In order to understand aright the new phase of
the Montelambert affair, it is absolutely necessary
to bear in mind that the leading motive of the par-
don granted "on the occasion of Deo. 2" was to
affront him, and not to do him a service. It was
only while I was writing yesterday evening that I
learned from the evening papers the feet that M. de
Montalembert had lodged an appeal notwithstanding
the pardon ; and I naturally hesitated to pronounce
a positive opinion as to the legal consequences of
that act. I, however, find to-day that the hasty
impressions which I threw out are entirely con-
firmed by legal authority. There are not two
opinions in the Barna de Justice as to the validity
of the appeal, which, according to the Moniteur,
" rakes questions which the competent
tribunals will decide." I believe there is
no precedent of an appeal made in spite
of • pardon granted, bat that the appeal lies, in
point of principle, if made in proper time, there can
be no doubt whatever. There are in France three
degrees of jurisdiction, the Tribunal of First In-
stance (of which the eorreetional tribunal which
tried M. de Montalembert is a branch), the Imperial
Court (formerly called the Royal Court, and subse-
quently the Court of Appeal), and the Court of Cas-
eation. A judgment of the Tribunal of First In-
stance doss not become definitive until the expiration
of the legal period within which the party affected
by it may either apply to the Imperial Court to
have it reversed on the merits, or to the Court of
Cessation to have it quashed for illegality apparent
on the face of it. Until the defendant has had an op-
portunity of taking the opinion of both those high
courts the judgment against him is only pros:sionsl ;
it is not sovereign, it is not even executory. If
reversed on appeal, it is void ab initio, and the
defendant stands in precisely the same legal position
as if he had never been accused. But • pardon is
far from producing a similar result. A pardon
leaves a man not only stigmatised as a criminal,
but also subject to various collateral consequences
flowing from the sentence. For instance, in case of
his being indicted a second time for a similar
offence, he would be liable to a higher scale of
punishment as what is called a recidire. His
social status as a man who " had been condemned"
might cling to him in various other ways.
The general doctrine as to the inefficacy
If a pardon to relieve from the incidental conse-
quences of a sentence was solemnly laid down by
the Court of Carnation, with the approbation of M.
Dupla, then Procareur-General, in a case reported
in Sirey, and the law had never since been called in
question. But in the case of M. de Montalembert
there is a grave, solid reason—not founded upon any
refinement, technicality, or unduly susceptible appre-
hension of possible consequenons--whieh makes it
impossible for him to accept the proffered pardon.
There is not the least doubt that the Emperor's
pardon would leave M. de Montalembert liable to
be transported at any time hereafter, under that
terrible Law of Public Safety against which M.
Emile 011ivier last year protested so eloquently,
but in vain—on the ground that be " had
been convicted' of "an attack upon the rights
which the'Rmperor derives from the constitution,
and upon the principle of universal suffrage." From
this fearful position a reversal of the judgment by the
Court of Appeal would relieve him, because then the
whole proceeding being undone, " as all had never
been," it could not be averred, legally speaking, that
" he had been convicted" of the offence in question. It
is really wonderful that the French government
should have devised a snare for their own entangle-
ment, and so managed as to revive a question which
it was their interest and desire to bring to a short end.
It is conjectured from the wording of the paragraph
in yesterday's Moniteur, announcing the pardon, that
it must have been written by the Emperor's own
hand. It is not in the form in which such Intima-
tions are usually couched. Only the other day, when
the pardon granted to Id. C. Brainne, of the P ,
was mentioned in the Ho aitelor , it was said that the
Emperor had " deigned," " by decree dated," &c., to
pardon, &e. This conjecture is strengthened by the
consideration that if • council board--at which sit
such eminent lawyers as MM. Delangle, Rambo,
and Rouher—had been consulted, they would have
_ . _

warned the Emperor of the false position in which
he would place himself by in&oting a pardon upon
M. de Montelambert before the ten days allowed by
law for lodging an appeal had expired. Had he
only waited till Saturday he might still have in-
dulged the idea to associate the pardon with Decem-
ber 2, and M. de Montalembert (supposing hlm not
to have then appealed) would have had no power to
refuse it, and scarcely any pretext he publicly pro-
testing againseit. At any rain he would not have
had open to kim the leading mama of the Monition-
to accuse the Emperor publicly of attempting to ex-
seed his powers, and to proclaim to France that he
(M. de Montalembert) is one of those who "still
believes in law, and does not accept pardon."
Ide not know what the government will do to
ameliorate the &Soak position in which it hes
placed itself. After the decided legal opisions
which I have heard, I eannot believe that the law
will be violently forced, and the appeal declared
nna-reoeivable. The only other meek of avoiding
a mooed trial would be for the Proonreur-General to

enter a wells proansti on the appeal. That would
relieve M. de Montalembert from all the conga-
gamma of the sentence which the pardon Levee
untouched, and would be a oomplete triumph for

All the parties to the double duel of Ville d'Avsay
are to be prossenteL It has not of late years been
the practice in France to take judicial notice of fair
duels ; but there are laws against duelling, although
not 8o severe se'those which exist in Inland. The
reflacteurs of Prorgro and their obituaries will be
called upon to answer a charge of " cutting and
wounding." The law mum a great distiastion
between assault and battery whisk results in laying
a man op for reedy den eeil slighter Werke.
/named as is the present doe sore of the patios
were adonis kart a silibt Imo ie di they en
to soar. Why these easeM be a prootealloa la this
sew while so adios wee takes of the madame
duel to which M. thy Nan 1M eve so warty wet-

The Bourse has again exhibited a downward ten-
dency. The aline contradictions do not prevent
people from feeling uneasy about rumours of war.
The Rente fell 20c. both for cosh and aooount, closing
at 73fr. 80e. and 741 r. Mobilier fell 30fr. The
railways were heavier than they have been for some
time. Eastern felll3fr. 75c. Northern, Southern,
and Western 7fr. 60c. each, and the other lines
about 2fr. 60e.

THE UNITED STATES.

GALWAY, FRIDAY.
The Circassian has just arrived from New York,
vidl St. John's.

Mexican advice' state that liberals, under General
Blanc, entered the city of Merino on the 16th of
October, and advanced within one block of the ca-
pital, when, owing to want of co-operation, he with-
drew to Jacobuna. Zuloga made stout resistance,
having 400 killed and a large number wounded.
The entire republic—with the exception of the capi-
tal, said to be in hands of liberals—and speedy over-
throw of Zuloga's government, considered inevitable.
The Walker Nicaraguan expedition, wu stopped by
the Government officials at Mobile, causing great
excitement.

Victoria data were to October 18. They mention
the arrival of gold by express, besides several parcels
in the hands of passengers. The accounts from
the mines are more favourable than anticipated the
previous month. New diggings had been discovered,
and numbers were going up the river than were
coming down. Freights from Victoria to Port
Hope had advanced from 40 to 80 dollars a ton.
Shipments of gold from Victoria, through Wellsfargo
and Co., from the 4th August to the 12th October,
were 92,000 dollars.

The navigation of Fraser's River has been thrown
open to all parties. Fraser's River adventurers were
still going bask to California.
Naw Yost, Nov. 24.—00 r cotton market is firm ;
the sales of yesterday were 2,000 bales, at llac. for
middling Uplands. Flour is heavy, and 100. per
barrel easier. Wheat steady, and full prices paid
for fair. Corn is firmer. Provisions generally are
dull and heavy. Freights are steady. Sterling
exchange is firmer, and bankers now demand 109
and 109} for bills on London.