The Express.
London, England, 1861-02-02 00:00:00

EXPRESS FROM PARIS.

PATERSON v. BONAPARTE.

(nom ous OWN

PARIS, FRIDAY EVERRO.

Public curiosity to hear the arguments in the
great Bonaparte case was even greater than on the
first day. A crowd besieged the doors of the
court as early as seven in the morning. Not a
tenth part of the people who made the attempt
were able to get in.
M. Berryer began his reply by saying that the
course taken by the other side rendering it neces-
sary for him to speak at greater length than he had
intended, he would not waste time by answering
allusions personal to himself, or the accusation that
this cause was instituted merely in order to be
argued, and not with the expectation of being won.
His adversary was free to treat as a "light
chimera, floating in the air," the marriage
against the validity of which "all the irregular
arms of an absolute monarch had been
exhausted." Stress had been laid upon the
ripe age of Miss Paterson at the time of the mar-
riage. It had been said that she was 23 and
Jerome Bonaparte 19. The facta were that she
was 18 and he 21 and upwards, as was proved by
his lieutenant's commission. He utterly denied
that Miss Paterson had ever made use of the de-
grading expression imputed to her by M. Allou,
that she would ran the risk if she could " only be
his wife for an hour." Upon the question of
" elantlestiuity," he ridiculed the idea of calling
a marriage clandestine which had been long in con-
templation, and was finally celebrated by a bishop
in the presence of the French consul. On the
point of "good faith," he urged that by
the law of France when Jerome Bonaparte
' left it, he was of age, and had the power
of contracting a valid marriage at 21, and
that although M. Pichou, the charg4 d'affaires,
had told bim that there was a new law, he might
well have supposed that the new law had not yet
come into force, not having been regularly
promulgated. M. Pichou, of whom so much had
been spoken, had a spite against Jerome Bona-
parte, who he feared would be appointed ambas-
sador to the United States in his place. The want
of publication of banns in France was only an
irregularity, and no cause of nullity. That was the
undoubted doctrine of the Court of Caseation.
Moreover, the policy of the law being that children
should not be left in a state of uncertainty as to
'their legitimacy, a suit for nullity of marriage was
not maintainable after the status of a married
couple (la possession d'itat) had been acquired.
That stable had hated from 1803 to 1806, and was
not to be disputed. He understood that M. Trop-
long denied having been a party to a legal opinion
upon the strength of which the Emperor wrote to
Prince Jerome in 1864, that the son of his first mar-
riage was legitimate. Since M. Troplong said so,
of course ho must believe him. He had not said
that M. Troplong had signed it ; but the opinion
would be produced, and whether it was in the hand-
writing of M. Troplong or M. Abbattucci was no
matter. He denied that the nullity of the mar-
riage had ever been " regularly " applied fur, and
it was now too late to make the demand. On the
question, unimportant in a legal point of view,
whether the Pope, as stated by the other side, must
be taken to have changed his opinion—since,
although he refusal to set aside the first marriage,
he recognised the second with the Princess Cathe-
rine of Wurtemburg—M. Berryer said that the
congratulations sent by the Pope on the occasion of
the latter marriage were mere polite formalities,
and be read a passage from his Holiness's letter,
expressing a hope that " circumstances of which
he was ignorant had no doubt changed the cha-
racter of the marriage, which he had formerly
recognised in a religious point of view." He
strenuously denied that the decree of the
Emperor Napoleon 1., supposing it to be regularly
issued as a decree (which it was not) was of any
fore° to annul a marriage contracted before ho was
Emperor. The senates eouseltetn of Prairial Year
XII, bad given him no such power. Moreover, at
the time of his decree, Jerome bad not been created
a French prince, and consequently wait not subject
to the Emperor's jurisfiction. The Emperor well
knew that his decree was inoperative, for subse-
quently to the date of it, he told the Pope that if
his Holiness would break the religious marriage tie,
the Emperor would get the civil marriage dissolved
afterwards. He had learned from the Arch-Clu►n-
cellor Camtuiceth that the judicial tribunals were
alone competent to decide the question.
In reply to the precedent brought forward by M.
Allou of a marriage of the Duke de Berry with a
Miss Brown, he said he had received documents
from London completely proving this story to be
untrue. It had been hoped to embarrass him by
lugging this tale into the case. But he was not the
man to contradict himself out of complaisance,
and he would say that if the Count do Chambord
had been capable of writing the sad letters which
he had read under the signature of Prince
Napoleon Bonaparte, he would not have asked hint
to deny the relationship. (Loud applause at the
bottom of the court.)
The President—Maitre Berryer, will you stop(
Let all those people at the bottom of the court be
turned out.
This order was executed.

M. Berryer concluded by insisting that the
decision of the family council left the question in
the cause untouched, and that Mrs. Paterson was
no party to it. It bad been observed that although
there had been a change of jurisdiction there had
been no injustice. But he would remind the court
that there was no such thing as justice without a
regular jurisdiction, and that he would rather
appeal to them, the judges, than to public opinion,
however favourable that might be to his cause.
The President, before M. Allen rose to reply,
said he had re-opened the doors of the court, and
he hoped the public would listen in silence. He
begged the officers to take notice of anyone who
might make any manifestation.
M. Allow was left speaking.
It is not thought that judgment can be given
this evening.
The settlement at the Bourse went off rather
calmly, considering the fluctuations of the last
fortnight. There was an indisposition to do fresh
business, the Emperor's speech being waited for.
The Rents fell 15e. for cash, and 10e. for account,
closing at 67fr. 85c. and 67fr. 90c. Mobilier fell
12fr. 50c. In railways there was little change.

To-morrow (Sunday) the Abbe Laeordairti is
to be presented to the Empires albs Tuileries, by MM.
Guirot, Villemsiu, and Lapsed*.

Captain De Rohae, bearer of deapatchea for the
Foreign-odlee, and Colonel Dowling, arrived in town yester-
day, from Caprem.

The number of Norwegian emigrants (says a
letter from Christiana) who took up their residence in
Canada last year was 1,75 L As the Norwegians lire for
the most part skilful fishermen, lied as ash is abundant on
the Canadian coasts, their arrival in the colony was hailed
with pleasure.

LAW INTELLIGENCE.

(THlki DAY.)

COURT OF BANKRUPTCY.
(Bet ore Mr. Commissioner Holroyd.)

IN RE LAURANCE, NOWITKORE, AND SCIAADER.-THI