The Express.
London, England, 1861-03-18 00:00:00

COMMERCIAL INTELLIGENCE.

NEW YORK, Mance 4, EV1317/40.
Unusual excitemeot prevails. Stocks, which opened with.
out change, filially tended upwards, owing to the President's
message. The Bank returns show a decrease of over
million dollars in specie. Exchange on London : Bankeze
bills, 105 i to 106 ; commercial bills, 104 to 11151. Cotton
unchanged. Freights dull at heavy rates. Neadatuffs lower.

NEW ORLEANS, MARCH 4.
Cotton sales to-day 4,500 bales; middling is quoted 10f
to 111.

[LATEST BY TELEGRAPH VIA HALIFAX]
NEW YORK, Balm 7.
None of the steamers overdue have arrived.
The Texans have ratified the Recession ordinance.
Houston is reported to have resigned the governor-
ship.
It is stated that an encounter will probably take
place at Fort Brown between the Federal and State
troops.
The Southern Commissioners have arrived at
Washington, and will communicate the object of
their mission to the President on Tuesday, the 12th
instant.

INTELLIGENCE.

NEW YORE, Mama 7.
The markets are unchanged. Stocks are quoted NI
follows : Illinois Central,; Erie, 314 ; New York Cen-
tral, 774.

QUEENSTOWN, SUNDAY.
The Royal Mail steamship Africa arrived here at
6.30 p.m. to-day, embarked the mails, passengers,
and telegrams, and proceeded fur New York at
7 p.m. All well.
The Africa experienced strong gales from the
Routh-west ou her passage from Liverpool.

The Cabinet of Mr. Lincoln has been definitely
arranged as follows :—Secretary of State, Wm. H. Seward.
of N.Y. ; Secretary of Treasury, Salmon P. Chase, of Ohio:
Secretary of War, Simon Cameron, of Pa. ; Secretary of
Navy, Montgomery Blair, of Md. ; Secretary of Interior.
Caleb B. Smith, of Ind. ; Postmaster General, Gideon
Welles, of Conn. ; Attorney General, Edward Bates, of Mo,
The Great Eastern is appointol to sail for Now
York on the Ist of May next, under the command of
Captain the Hon. S. T. Carnegie, R.N.

I

:

LAW INTELLIGENCE.
Mill DAL)

-•

ll' 11-SE OF LORDS.--.-APPEALS.
Caw& -VaaltIAGE WIT/I A DECLAIMS WM'S
Venni AlaoAD.—Jt:Ogeleirr.
. s ~ m appeal front the Court of l'hancery, and was
the Vith of February, sod several following days.
i. !Lints are James William Brook, Clara Jaw
. . %media Brook, and Sarah Helen Brook, all infanta
• .age .4
.tvrenty-obe years, by their next friend
o •piedeets ant Charles Brook. jun., John Edward
. and Edward Armitage, trustees of the will of
I..igh Brook, late of IMeltharn Hall, near
~hare ; and her Majesty's Attorney-lieeeral. The
• ayolved are whether a marriage duly solemoisel
111<4l, at the Lutheran church of Wandsbeck,
k • rA, in the duchy of Holstein• in the kingdom
between the said William Leigh Brook and
the Meter 14 his first wife, Charlotte, then
.1. Is not a valid marriage; and whether the
~r.. 4 are pot legitimate, or are not to be con.
• t • le eatilled to elected hi read or personal line
.1 their father, as legitimate :li-cooling to the law, of
I. the seal marriage being valid and the issue thereof
zitimate according to the Law of the aaiil duchy!
• ,•-tlicr Cheri. • Armitage Brook, decrwed. 000 of the
ii .4 the scout marriage, having died, the appellant,
Wdliam Brook, the em by the first marriage, is not
. Lett at-law, and Oa such rapuble o 4 inheriting his real
• 1.• and the appellant., James William Brook and Clue
• e Wok, Charlotte .tmelia Brook and Sarah Helen
ok, are not hi nest of kin, all as such capable of taking
• preload week. William Leigh Brunk married on the
tb of May, Into, Charbete .trmitage, who died in 184%
I had by her twa chills...a namely, the appellants,
sies William Brook eel Clara Jane Brook. In Inlo he
anal at Wiuidawek, sear .thons, Emily .% milts" the
.4 his former wife, and by her, who died only two
lefore hinacle bail three children, via., the appellants
t ...abate Amelia Brook, Marsh Helen, and Charles
Armi-
I.nsth, slam ileceawil. ('p to and at the time of the
• oil marriage. as alleged by the respondents, the parties
14- tilltials.lll is England, and had no permanent residence
•hi, —.miry where it took place. The father made
. II Path ewptenilier, 1,451, by which he gave to his
James William Brook, his mansioo of Mellitus
• e.th gaolen., bows, ground, and f inner's cottage sod
, I went to it, not to include his mill property of any
41•41. Ile then gave to his second son, James William
daughter. Clara Jane Brook, to his " reputed"
. h ales Armitage Brook, and his " reputed" ilaugh•
.tnielia and Sarah Helen Brook, the rest
• poverty, share and share alike, except that he
t.i his two lOW a double portion of the property
the property of Meltham Hall being already
menati.l to his elle4 son, with reversion to his
el and " reputed " son Charles, in the event
• ki• eldest sou dying during his minority In
event of berth eons dying before the age of twenty-
, the property of Meltham 11.11 wee to be realised at
ilieretiiin of the trustees of his will, and the proceeds
divide! in equal portions between the surviving
and " reputed" sisters who should attain the age of
etyeeoe. The testator died of an attack of cholera at
on the 19th of *Member, 18.15 ; and on the 26th
1835, letters of administration, with the will
• were granted to the trustees named therein ; and
y have ever since continued in possession of his large
•.1 eel personal estate as trUltrloo and execute.% The
.il4reis by the second niarriage, on the Nth of March, 1856,
a bill against the trustee. awl James William Brook
the administration of the estate ; but before the cause
one at for hearing Charles Armitage Brook, the son by
t real marriage, died, and, according to the appellants,
2.1 rights to the real estate vested in James William Brook
his brother and beirmt.law ; and as to his personal
sada the other children, the appellants, became entitled
'hereto as his next of kin. The title of the appellants
e the real and personal estate of the said Charles
voltage Brook wee denied by the Attorney-General,
a the ground that the marriage of his father and
other was not valid, and his property was claimed for the
ram. The cause raine on before Vice-Chancellor Stuart,
ecu held the will to be established, but directed an
miry whether the children of the secooil marriage were
legitimate Wee of the testator. The chief clerk, by
lie certithate, found that the second manage was cele-
brated at Woodstock, in Denmark; that the parties were
at the time of the marriage, and at the time of their deaths,
domiciled in Esti:lead, and that their marriage was lawful
wonling to the law of Denmark. The matter was argued
ea further consideration before the Vice-Chancellor,assisted
hr sir Cromwell Croswell, then • judge of the Court of
(mimeo Pleas, who gave his opinion that the marriage
taring hem aolemoieed between the testator sod his de-
easel wds'• eater, however lawful it might be in the
metre where it took place, wee, under the statute 5 and
eeillain IV., c. 54, which declares that auch mar-
wig, were absolutely null and void, of no effect, and the
hildren illegitimate. In this opinion the Vice. Chan•
elle cowered, and made a decree, declaring the
teenage, whether celebrated in the kingdom of Denmark
•1 aull sod void to all intents sad
ad that the crown wee entitled to all the real =se::
and *Mate of Clarke Armitage Brook, deceased. This
Mee kwring been enrolled, the present appeal was
Memel. The appellees. contend that the validity of •
minim awl the legitimacy of its issue is to be deter-
mined areerdieg to the law of the country where it was so-
ireetwil ; that seconling to the law of Denmark the mar-
riage is questilie was valid, as the marriage of a widower
with his deemed wife's sister is not within the prohibited
&pees eielemesisiaity sod afilnitv is that couenry ; that
the Melee( Wm. IV. te °lily • territorial law and does aet
apply to her 511•Jeety'e colonies, or any other place out of Bar
had sad Inked • that if the statute does apply to suck mar.
rags by British subjects wherever they may be solmanieed,
yet it malt' made null sod void such marrimpe ens, if the
statute had net been passed, would have bees voidable in
the Exheasstical Court ; sad that the particular generic*,
re,,wel Wag had to its being valid by the law of Denmark,
eauld Dot have hem voidable in the EcoleMatical Court
during the lives of the path, The nepoodenta urge that
by the Act S sad 6 Williams IV., c' 54 every domiciled
ingliehmen a made persoaally incapable d contracting a
summit with his domed wife's sister either in England
Asewber• ; that although the law of Emlsad admits in
tweed the validity of a 'marriage between British
suL:erts whoa duly celebrated is a foreign country, yet
that rule applies only to the selemaities required to eansei-
tete a boodles contract, and does not affect the oral
rapacity of the parties to the onotrect ; and that eves d the
m. 4 au plain el costract were held to extend beyond the
w. amused to it ia the above erguameat, It amid set he
Si, far sitamial se to reader valid a searrige halleese
gullet kaglish persona, which is ifteeettesue by the law d
Lewd.
sir Fitzroy Kelly, Mr. Wise. sad Mr. G. Lake Russell
ewated for the appellants ; the Attorney-(legend and Mr.
kens for the respondents.
nem lordships sow gave jodiermeet.
The Lord Chancellor stated his °palm that such a mar.
rate as this could have been set aside by the Exlesimiticol
airt before the statute 5 and 6 Wm. IV., e. 54. That
it did ant reader marriages illegal which were legal before ;
al be was of opinion that no marriage was valid which hei-
fer that set could M the lifetime of the gaieties have
teen set aside, which having been celebrated in
eaglazel was deemed unlawful, on the ground of
'wing einaillll4l7 k God's wool. Acting judicially,
wan booed to ay that marriage with a deceased wife's
woe beiag expremly withia the statute, it made no differ-
eav that such • marriage was celebrated in a foreign
retry where it was not held to be invalid. There was no
that merriest* celebrated in foreign countries might
le orailated by the " lex lore" as to the mode of cataract ;
I ! while the contract was such as would be contrary to the
I. 1 the country in which the parties were domiciled sub-
each a marriage was Dot valid in that country. Acting
• el4e, and bound to enforce the existing law, he would
iirieste opinion as to the propriety of such marriages,
"r•hether they were opposeil or not to the feelings of large
of his "countrymen, but he could only Mate what,
ci his opium, wale the solemnly pronounced
art .4 the legislature, in defining the decrees
*atom which marriage* should be cootrected ;
al that these marriages were declared incestuous
W had lei doubt. No state could allow its domiciled
s temporary residence in a foreign country to )creak
100 .4 their own country. He was not prepared to
admit A. argument that if this law of :marriage was
to be the law England, that it would he operative
a all the colosies ; for the provisions of the set did not go
l'sgth. Re use also not prepared to my that the mar-
IX:, in garlic. would have bees kaki to bri valid even in
l*mnarit, lememegh as the parties were domiciled English
eistasetiee a marriage which was contrary to the
"" Wart His opinion rested on the plain groan'
.yeameges of this hied were prohibited by the law of
as being contrary to the law of Grad. The noble and
nsd then examined all the authorities, pointing
'l;it that they did not militate against the opinion ho had
; old concluded hy saying that the arguments no the
kn .4 the appellant were insufficient to convince him that
'Le deersa appealed against was erroneous: he must hold
that it should be affirmed ; end he was bound to say that by
ki law .1 England the" marriage was invalid.
nul
lade Cranworth, Lord Se Leogerels, and Lord Weeder
coecurred, and the appeal was dismissed.

11r. sad Ilra. Charles Kees are engaged by Mr.
j'am Daydame Mperform for • limited number of nights
61erretaadard Theatre. Sboreditch, aad will make their
64 ',Pomace. on Faster Monday, in Lovell', flay of
74 MN. Nears.