The Express.
London, England, 1861-05-30 00:00:00

THE EXPRESS, THURSDAY EVENING, MAY 30, 1861.

the New Orleans papas ci the 11th and 12th instant that
cflptein Illostgemery, so well known in connection with the
Kamm troubles, hes orpaised a force of 3,000 men in that
state, aid made a descent as the Texas frontier, sad
already Clptured Fort Waehita, which bad previously fall
into the kende of the rebels. Forts Cobb and Arbuckle
were sits expected to be occupied by Montgomery, in pur
suance at isetractions from the War Department. The
Tosses `that region were thrown into the greatest conster-
nation by this sodden and unexpected movement, and were
wildly calling for arms and mosey to organise a defines
against expected incursions from Montgomery and his
men in connection with the unfriendly Indiana.
Havana dates are to the Ilth indent. The sugar market
continued dell sad heavy. Stock, 227%000 boxes. Mohan.,
nothing doing. Freights active for all European vessels,
but dull fur American ship. Exchange quiet ; sterling. 81
to 7 prosaism.

POLAND•

(nom • onaneronnwr.)
WARSAW, Marx.
The government has not yet published any
account of the famous Council of State, although
such information has been expected for the last
three months and constantly promised. As I
happen to possess some information on this subject
I send it you just as I receive it, premising that it
come from a quarter habitually well informed.
This council, which, like the Koran of Caliph Omar,
was destined to replace all the constitutional parch-
ments, devoted to destruction by the late Emperor
Nicholas, was to be composed of councillors and re-
ferendaries chosen from the men of the country, and
a number of employes taken from the bureaucracy.
The councillors themselves would be divided into
actual councillors and titular councillors, there
being six of each sort. The general meeting of
this assembly would take place only twice a year,
whilst its committee, formed of the actual coun-
cillors and a proportionate number of referendaries
and other employes, would sit permanently at War-
saw. According to my informant, the functions of
this council will be pretty extensive as times go.
For instance, the Imperial ukases would in future
not have the force of law without the previous as-
sent of the council, which would determine also
respecting the budget, recruitment, taxation, and
the nomination of the higher employes. Moreover
the general assembly would have the right of dis-
cussing the organization of the council of state, and
even of presenting a new scheme of one for the
Emperor's approbation.
I have seen a list of the persons nominated.
There are some good names among them, but not
a few who are decidedly unpopular ; it is, however,
impossible to know exactly who will figure as em-
ployes, the list having been often altered, doubtless
to show that the initiative in these nominations
comes from St. Petersburg. M. Platanoff, whose
departure has been announced for a month, left to-
night, no doubt to obtain the Imperial sanction for
the project in question.
Even these insignificant concessions may perhaps
furnish a basis for the development of the institu-
tions of the country ; but what we want before
everything to be sure of is, that there is some
foundation for all these reports, and that they are
not spread abroad in the interest of the govern-
ment, in order to disguise some of the popular men
of Poland under worthless titles, and to parade
them before the eyes of Europe as a proof of the
concurrence and satisfaction of the country. It is
very difficult to foresee the intentions of the Rus-
sian government, acting as it is under the pres-
sure of external circumstances and of the internal
embarrassments of the empire. I can only under-
take to say that, on this cmcnion, all the honest
Poles will continue to abstain from public affairs,
and that they will not sit in this Council of State
unless they have good assurance that their action
will not be paralysed by the bad faith
of the Muscovite authorities. M. Andrew
Zamoyski is, however, an exception to this rule.
His duty is to remain in an independent and ex-
pectant position, and to refuse all employment
under a despotic government. His independence,
iron firmness of character, and consummate poli-
tical sagacity, combine to make him at this day she
real strength of Poland, which accords him un-
limited confidence and unchangeable affection.
Fur some days past it has been somewhat livelier
here in the evenings, since the withdrawal of the
authorisatioc to murder conveyed in the orders to
' pursue every one not furnished with a lantern. On
the very night, however, on which this concession
was announced a child of 12 years old, who had
gone out without a light, had its brains
knocked out by the butt end of a musket.
M. Andrsult, president of the town, was charged
to draw up a petition to Prince Gortchakoff to re-
move from the streets and public squares the troops
who now bivouac there, and to get it signed by the
inhabitants of the town. M. Andranit conducted
himself like a zealous official ; he got the petition
covered with respectable names, to which no objec-
tion could be taken except that their owners pro-
tested against their appearing there. Among
others who thus protested was hi. WarOack, pro-
prietor of the Hotel European, who has written to
the papers to complain of his name being attached
to this very respectful document.
General Paniutine, who, as Governor of Warsaw,
distinguished himself by his humanity during the
days of massacre, has been superseded by General
Marchelovitch, and is to leave to-morrow. A great
many persons have called to take a personal fare-
well of him, and many more have left their cards
at his house. As for the working men, they
intend to wait for him on the bridge by which he
will leave the city, and to testify their gratitude in
an unmistakeable manner.

The officers of the higher grades and the chief
Russian employis have given a farewell dinner in
the Casino des Marchands to General Kotzebue.
Prince Gortchakoff,was present, and towards the
end of the banquet proposed the health of General
Chrouleff, his Mentor, as he called him, which is
significant enough, considering that this General
Chrouleff is notorious for the cruelty he recently
displayed at Warsaw. General Rabotockoi was
honoured in the same way as General Kotzebue on
his departure, and I am assured that a photograph
of this officer, who gave the first signal for the car-
nage, was given to every guest.
Yeatenlay took place the funeral of M. Dunin,
an old soldier of the Polish army, who died from
wounds received on the Bth of April. The police
at first forbade the funeral altogether, and only
consented to it on the assurances of the family that
it should take place secretly. Every precaution
was taken with this object, but about half way
to the cemetery a crowd of people had sasembled,
and they stopped the procession ; the coffin was
taken out of the beam and carried on men's
shoulders to the grave. Some women even insisted
on taking their turn with the men in paying this
mark of respect to the deceased patriot.
During the past week agitation has been on the
increase ; another outbreak is feared, and cartridges
have been distributed to the troops. The Arch-
bishop of Warsaw, again requested by the govern-
ment to prohibit the singing of religious hymns,
has refused point blank to do so. It is stated that
in consequence of thin refusal the cabinet of St.
Petersburg has been is communication with the
Pope. Any yielding of the catholic authorities to
the despotic powers that be would be regarded here
as a terrible defeat, since the people have been ac-
customed to find at the foot of the altar a strength
which guides and sobers them, and inspires them
with courage and resignation.

PIRACY ON 7111 COAS? OF SICILY.—By recent ad-
vices from Sicily we learn that several acts of piracy have
lately bees committed on that coast by armed speromiros.
Two cues occurred the week before last, one off Gir.
yeti, and the other in the vicinity of Trapani, when
every portable article of value wee carried away, even to
the clothing off the sailors' hacks. The mode of at.
tack is to board ships becalmed. One of the vessels
lately robbed in this manner belonged to Messrs. log.
ham and Co., of Murals. At this season of the year
large sums of money are forwarded from Malta to
the wine factories to meet the vintage expenses, which
fact seems to be well known to these rascals, and one vessel
haying a large nutnhor of dollars on board had • very
narrow men*. With the view of putting a ►to to these
lawless proceedings, instructions, we trust, will bode.
spatched by the naval commander in chief to the command-
ing officer of her Majeaty's gunboat Boxer, sow lying at
Marsala. to cruise occaaimelfy along the shore, sod capture,
if possible, the scoundrels engaged in these nefarious prac-
tioss.—Malre rimer.

St PILGRIMAGE ON BEHALP OF 7111 VI/M.—The
Union has the following paragraph :—" It la bootee bow
much the last frosts were iumnons to the crops, and espe
cially to the wince. The department of the Charente Infe-
rieure, is particular, greatly suffered. Some farmers of
that department, seeing their vineyards and fields menaced
with ecmplete sterility, bad the pious idea of going in pro-
cessioa to a place of pilgrimage formerly in great repute
near Taillebourg, fiut long since abaanned ; their eerie,
approving of the idea, demanded the neessury permission
from the bishop, which was readily accorded. The news
of the Intended pilgrimage becoming generally knows, as
marry r 10.000 persona, belonging to fifteen different
parishes. went to the plus in procession, gaging psalms
sad hymns. May the prayers of thew pions peasants draw
dews es them the biomass of Heaven, and may their
example be imitated in all France!"
Gentlemen who require good and fashionable
Dress ean depend on the best matenals and latest stile et
Hamilton sad Klmpton's, 106, Strand, opposite Exeter Hall—
lAdverttasetent.J

RAW Ihttilltgenu.
EQUITY OOURTEL—MAY 29.
(Before the Lord Chaeosilar.)
BLYTH • BLITZ.
. .

This wee an appeal from the !Later of the Rolls. The
only point involved was the mode in which the aoconnta of
an engineering partnership were to be taken. The m►tter
is of interest only to the parties.

(Before the Master of the Rolla.)

POOLS P. Id IDOL/TOIL
This was a suit for the specific performasse of a contract
entered into between the plaintiff and defendant for the
sale of five shares in the Patent Fuel Company (limited).
The deed of settlement of the company provided that no
shareholder should be at liberty to transfer his or her
share or shares, except in such manner as the board of
directors of the company should approve, according to the
provisions of the 7tb sod Bth Viet., c. 110. That act
enabled • shareholder in the company to transfer by
deed, duly stamped, but subject to the regulations
contained in the deed of settlement of the company, any of
his shone in it. The deed of settlement of this fuel corn.
pany contained no other restriction upon the disposal of
shares than that above mentioned. Poole, the purchaser
of the shares, applied to the company for • copy of the
form of transfer in use by them, which, after some corre-
spondence, they declined to furnish, and the directors re-
fused to allow Middleton, the vendor, to transfer the shares
to Poole. Poole then tendered to Middleton the purchase
money, which was 401. only, and a stamped deed of
tramfer, in the form preseribed by the act. Bat Middle.
too would neither accept the one, nor execute. the other.
Elmo° the present suit

Mr. B. Palmer and Mr. F. W. Bush appeared for the
plaint& ; and Mr. Banallay and Mr. Jena for the de-
fendant.

The Muter of the Rolls, after exprresing an opinion that
the abore•mentioued clause of the company's deed did not
authorise the directors to absolutely prohibit the transfer
of shares in the comps', made a decree in the plaintiff's
f►vour for specific performance.

(Before Vice-Cbatboallor Stuart)
Mg RICRITAIT OF Inn IN COUNCIL or UM& V. ENLOON.

Mr. Elmsley, Q.C., Mr. Fnnyth, and Mr. Melville ap-
peared for the plaintiffs is this suit, which was instituted
coder the following circumstances. In December, 1858,
a ship called the Bloomer was chartered by Messrs. Mae.
naughten, Mills, sad Arbuthnot, on account of
the Indian government, for the conveyasee of troops
to Bombay and Kurracheas, the pamage mosey to
be paid one-third as embarkation, and the other
two-thirds after arrival in India. The ship at the time of
the charterparty was owned, forty-eight sixty-fourths by the
firm of Ro Gladstone, and Co., and sixteen sixty.
fourths by s‘ptaia Smith (ono of the defendants), who was
the captain. Boos after the date of the charterparty
Messrs. Rogers, Gladsiows, and Co. agreed to give Messrs.
Kele= and Co. (also ddeadanta) a charge oa the portion of
the payable in India is payment of an
advanoP77l,lll3o7.slrom -Moen. Selma and Co. to them ; and
accordingly they on the 20th of Dec., 1858, ppvc Messrs. Hellion
. and company a letter engaging in • of the ed-
emas to give them the inward sad outward consignment of
their ship at Bombay and Rurrachos, and on the same day
Messrs. Rogers, Gladstone, and Co., sad Captain Smith, by
power of attorney, authorised Messrs. Kolion and Co.'s
agent at Bombay to receive the freight that was payable in
India. Messrs. Roger,, Gladstone, and Co. subsequently
mortgaged the ship to Masora. Ford, Curtis, sod Co. (also
defsalants) for securing certain sums alleged by
Messrs. Ford, Curtis, and Co. to be due to them for
stores, be., tarnished foe the purposes of the voyage.
The ship !ailed in December. 1858, and having met with an
accident in the Channel, Captain Smith expended 5891. in
repairs, sod drew a bill on Messrs. Roger., Gladstone, and
Co., to meet that expense ; but the latter, in March, 1850,
became bankrupt, and the bill thaws on them by Captain
Smith was not paid. The ship arrived at Bombay on the
17th of May, 1859, and on the 18th of that month the
C=el attorney given to Messrs. Rebell and Co.
1111 the two.thinls of the passage money were
=ia the military pay-dace in India by their meat.
Ford, Curtis sad Co., agent at Bombay, on the
Pith of May, 1859, and'
before the Farago money bad be-
muse payable, took possemion of the Alp as mortgagees,
sad the defeenisat, Captain Smith, rerolaxl the power of
attorney he had previoasly gives to receive the money.
The defendants, Messrs. Lobos and Co., Mows. Ford,
Curtis, and Co., and Captain Smith, having each of them
given the lodise government optic' to pay the pampa
mosey to them, the Indian government instituted the pre.
seas interpleader suit, and paid the had into court.
Mr. Bacon, Q.C., Mr. Haling, Q.C., Mr. Greene, Q.C.,
Mr. H. F. Briatowe, and Mr. Druce, appeared for the
several defendants.

ThiltarVioe:FhnoCellor, without calling on Messrs. Keban
sod On's counsel for a reply said that it must be declared
that the claim of Means. FOni, Curtis, and Co. could not
want the assipment of the freight made to
are. Matson and Co. The plaintiffs must take their costs
oat of the fund, and the balance must he paid to Masan.
Xebec wed Co. whose costa must be paid by the defendants
Messrs. Ford, Curtis, and Co., or by the delandaut Captain
Math.

COURT OF QUEEN'S BENCH.-MAT 29.

Sittings in Banco s$ Westminster.—(Before Lord Chief
Justice Cockburn, and Justices Wightman, Crompton,
and Blackburn.)
The court was occupied throughout the day in bearing
arguments in moss in the mown paper, some of which had
reference to the removal and settlement of paupers.

NEWTON AND ANOTHER, APPELLANTS, V. SCEATXR,
RTHPONDIENT.—CHERCH RATES.
In this case three church rates had been made by the
churchwardens of the parish of Croydon, for the repairs of
the pariah church, and of some chapel, of ease connected
in their ministrations with it ; and objection was
taken to the validity of the rates, partly on
the ground of informality in the headings of
the orders, and partly to the jurisdiction of the magistrates
to issue their warrant for theraforcement of the rates, on
the ground that they were bad in law. The ors was sub-
mitted, with the concurrence of both parties, fur the opinion
of this court. The contention on the part of the appel-
lents was that the rates were bad on the fees of them, in
setting out in the headings of the orders chapels of eau' as
amehm ; that the act 53 George 111., under which the rates
ware made, was repealed by the fdh and 7th Victoria ; sod
that the magistrates had therefore no jurisdiction to enfacoe
the orders.

Q.C., in support of the rates, contended,
And, that the rates were made for parochial pommies in re-
lation to ecclesiastical objects secondly, that chapels of
ow must be regarded as churches in aid ; and thirdly, that
by the local and public act the magistrates were vested
with jurisdiction to issue their warrant for the recovery of
the rates.

Berjeent Hayes, for the appellants, said the local act
was • merely enabling act, and that unless it could be shown
that the rotes were made in accord:ace with the comma law
they were not sustainable, sod the magistrates would ex-
pose themselves to an action if they issued their
warrant to enforce payment of them. The learned
serjeaot further contended that the orders were defective ea
the face of them, in describing chapels of ease as churches,
and be submitted that no church rates could be legally
sessesed for the repairs of them.
The Court, having heard the arguments, was of opinion
that chapels of ease most be regarded as churches in aid of
the mother-church ; bat as it appeared that if this court
ordered the magistrates to issue their warrant to enforce the
rates they ( the magistrates) would be subject to an action
for so doing if the rate was had, the court thought the beet
course to pursue was to direct that the case be remitted
back to them for amendamet. Had the case come be-
fore the court on appliaatio• for • mandamus to
the magistrates, and if the mart directed the niandamus to
issue, the magistrates would be protected against an action
for complying with the writ ; but as the case did not come
before the court in that form, the best course was for the
magistrates to amend it.
Case remitted back for amendment accordingly.

PATTI/IRON T. NAIIIIIB.-THE ATLANTIC TELEGRAPH CANIX.

JUDGMT.NT.
' Lord Chief Justice Cockburn, when the crown paper was
gone through, said the court was about to deliver judgment
in this ease. It was an action on a policy
of insurance on • share taken by the plain-
tiff in the Atlantic Telegraph Company'. cable, and the
awe involved some points of a remarkable character. The
Atlantic Telegraph Company was formed for the purpose of
Lying down an electric telegraph cable between this country
and America for telegraphic purposes, and the policy of in-
seam*, which became the subject of the action was
entered into by the plaintiff with the defendant, to cover
I and semre the plaintiff's interest in • share which he hail
purchased in the cable. The policy was entered into to
guarantee the plaintiff against any injury which the cable
might sustain by the perils of the sea during the
time that it was being laid down. Now, although the
electric cable waa entirely laid down it was found to be
impracticable for carrying out telegraphie communication,
and a great depreciation of the value of the shares followed.
The principal question for the opinion of the court was,
whether the plaintiff was entitled to recover 1,1110 f., the
value of his share, notwithstanding the failure of the cable.
According to the finding of the jury, it was not complained
that the defect in the cable was caused by the perils of the
sea, their opining being, that before it wee laid down, and
before it was coiled upon the decks of the ships, the defective j
state of it was canned in all probability by chemical canoes,
and mot by any violence done to it when laid down, by the
perils of the sea, nor by any mechanical action of the winds
and waves ; and that the iejery ws, therefore, not com-
prised within the terms of the policy and as to anything
that might occur to the cable bv the weer and tear of the
ship, that bad been properly held not to come within the
Maumee, in relation to the perih of the sea. The court,
lookilig at all the circumetariese. was of opinion that the
plaintiff was ant entitled to recover under the terms of the
policy. The learned judge. having referred to other pedals
argued in the cyan concluded by pregrouncing the judgment
of the omit far the defendant.
Judgment for the driendaat accordingly.

COURT OF COMMON PLRAEL—MAY 29.
Milne is Boum —Makes Lard Chief Justice Brie and
Justices Williams, Willes, acid Boles.)

rearm v. COIIIIIOIIT—DINUIMAnZ.
The plaintiff wee the master of the vowel Auspirieuaand
he carried ease pAstess Irma Dunkirk lei Loudon, sad the

bill of lading for them had this memorandum in the margin,
"There are eight working days for unloading in London."
The defendant was aesignee of this bill of lading, and the
vessel having been detained beyond the eight days be was
sued for demurrage. The question now raised for the court
was, whether the defendant wee liable to ppy dummy.
The court was of opinion that the defendant by accepting
the bill of lading did not undertake to pay demurrage, and
therefore that the plaintiff had no right to maintain his
action.
Judgment for the defendant.

We have received the following letter :
Rowan V. BUMNZAB.

Snt,—The use in the Divorce Court, reported in the
Expreu of yesterday), as " Summers v. Summers," should
have been "Sumnen v. Stunners." As the respondent
is described as a London solicitor, and 1 am tile only
solicitor in London of the former name, this is ealou•
lewd if uncorrected to do me serious injury, and I shall
therefore feel obliged by your inserting this in your neat
impression.-1 am, &c., Roar. Sawa&
5, New Bridge-street, London, EC., May 28.