The Express.
London, England, 1861-02-16 00:00:00

THE EXPRESS, SATURDAY EVENING, FEBRUARY 16, 1861.

the last return of the Income and Property
Tax, its inhabitants appear to be rated under
schedules A, B, and D at more than 1,000,0001.
sterling. There is no other town population in
the United Kingdom of even half the size destitute
of representative rights. Birkenhead contained
in 1851 but 24,000 souls ; and even supposing it
to have increased since then as rapidly as the me-
tropolitan borough, it would still be a long way
behind. Whatever its precise amassment to the
Property Tax may be, we hardly think that its
pretensions will be generally considered equal to
those of Kensington and Chelsea if regard be had
exclusively to the two elements we have named.
But Lord PALMER...air% urges on its behalf that
being the most promising and ambitious of our
new seaports, something ought to be set down in
its favour upon that score. We are not about to
set pretension against pretension or place against
place invidiously. When the Bill is in Committee
various amendments will no doubt be moved ; and
if Lord ENFIELD can persuade the House to confer
both seats formerly possessed by St. Albans on his
late constituents, we shall certainly not repine.
But, looking at the measure as a whole, we should
be sorry to see its progress frustrated because it
does not do all that we could wish. Lord PAL-
MERNIoN repudiated frankly the notion of its
being considered in any sense a fragmentary mea-
sure of Reform. it is simply the performance of
a duty neglected too long, but of which both the
great parties in Parliament have expressly ac-
knowledged the obligation.

Prince Napoleon were BM it might be declared by the
council that the opposition was unfounded ;
Considering that before the family council, IL. Berryer's
clients pleaded that the council had no jurisdiction to
decide the question, and asked that they might be sent lc
Mat de We're before the president of the Tribunal of the
First Instance of the Seine, but that the council, after
baviug rejected this objection, on the ground that the rights
claime.l by Mdme. Paterson and her son raised a question
essentially personal, as to which the council alone was •
competent tribunal, it proceeded to pronounce upon the
merits, and declared the opposition bad, upon the ground
that it rested only upon the alleged character of a legi-
timate wife and son;

That by the anterior judgment of July 4, 1856, it was
declared that it did not result from the facts and circum-
stances that Jerome Bonaparte Paterson had a right to
avail himself of the benefit of Arts. 201 and 202 of the
Code Napoleon, and that the circumstances invoked by
Mdme. Paterson were the same, and did not give to that
lady a right to talcs advantage of those articles ;
Considering that it results clearly from this judgment
that the character of legitimate wife of his Imperial
Highness Prince Jerome—which character is the sole foun-
dation for the present demand—was denied to Mdme.
Paterson, as was also the character of a legitimate son de-
nied to Jerome Bonaparte Paterson by the first judgment of
July 4, 1856;

Considering that it is vainly objected that the second
judgment only decided provisionally and in Oat de Wird,
and that the only judgment rendered on the merits was by
default ; that, on the one hand, if Y. Berryer's clients
concluded to be remitted en Oat de Wire, these conclusions
could not change the nature of the original demand, nor
subMitute a provisional jurisdiction merely for the juris-
diction on the merits with which the council was invested
by the conclusions put forward in the name of Prince
Napoleon ; that, on the other hand, it is indifferent, as to
the authority of la chow jwfie, whether a judgment be
given by default or not, when the judgment has been
regularly executed, and when it has not been opposed in
the forms, within the time, and in the cases warranted by
law ;

Considering that from the matters above stated, and from
the conclusions submitted to, and discussed before the
family council, which led to the two judgmenta of July 4,
1856, and July 5, 1860, and from the recitals and clauses
of those two judgments, it results that all the various con-
ditions required by Art. 1351 of the Code Napoleon to con-
stitute the authority of the chose jug& exist in the muse,
from which it follows that a "fn de non receroir absolue"
(► conclusive prejudicial objection) exists to the demand
now before the tribunal ;
For these reasons

Declares Madame Paterson (Elizabeth) and Jerome
Bonaparte her son not receivable in their demand and
dismisses it.

Orders that in the margin of the act of July 19,1860,
containing a declaration of acceptance under benefit of
inventory by Jerome Bonaparte of the succession of his
Imperial Highness Prince Jerome, mention shall be made of
the present judgment.
Sentences the plaintiff to pay the costa,
You will not fail to observe that the above
judgment proceeds entirely upon the ground that
the question was conclusively adjudicated upon by
the Emperor's family council last year, and abstains
from pronouncing any judicial opinion upon the
merits of the case. Now it is a curious circum-
stance in the history of this cause eclebre that the
Moniteur of January 19, 1801, made a merit of
Prince Napoleon's submission to the ordinary
courts of law. The following are the words used
by the Moniker :—" H. I. H. Prince Napoleon has
not wished to object to tho competence of the ordin-
ary tribunals by invoking the special jurisdiction of
the imperial family."
The case, narrowed as it is by the course taken
11 by the court, and the damaging admissions of the
Public Minister, M. Merveilleux, as to the law of
the case, will Alford a splendid field for M. Berryer
when he brings it before the Court of Appeal.

M. de la Guerronniere's pamphlet, copious ex-
tracts of which you will have received by telegraph,
is considered rather disappointing, on account of
the practical uncertainty of its tone. I told you,
however, some days since, that it would be " with-
out a conclusion." •

It is now admitted that when M. Fould left
Paris "for the benefit of his health," he had a
mission to Italy. He has lately returned to Paris,
and I hear that he proposed terms of a compromise
between Victor Emmanuel and the Pope, which
the latter refused to swept.
At the opening of the Bourse there was a further
considerable fall, the Rente being quoted at one
time as low as 67fr. 85c., but it became much
stronger in the afternoon and closed both for cash
and account at 681 r. 5c., with a fall of only 10c.
and sc. Mobilier fell 6fr. 25e. Railways were
rather better ; Lyons rose 3fr. 75c. ; Southern and
Western, 2fr. 60c. each ; the other lines show but
little alteration.

COUNT PERSIONY AND THE " COURRIER

DU DIMANCHE."

The following is a letter which Count Persiguy
has mealy addressed to a friend in this country :
Paris, Feb. 6, 1861.

My dear Sir,-1 have received the letter which you ad-
dressed to me on the subject of the measure which I have
taken against the Courrier du Di uwarlie. If, as you inform
me, public opinion in England has blamed this act, I greatly
regret the circumstance, for you are well aware what a high
value I set on the opinion of a country for which I have
learned to cherish such a profound esteem. But there is
something else on which I set ► still higher value, and that
it the real interest of my own country. . .

You are aware of the fact that in my character of Minister
of the Interior I am invested by our laws with • discre-
tionary power analogous to that which the judges who held
office under the House of Hanover wielded against the
Jacobites and the Papists. Faithfully adhering to the
spirit of the great imperial decree of the Zith of November,
and to the principles of my own circular on the press, I have
favoured, to the utmost of my ability, the right of freely
discussing the acts of the government—a right which consti-
tutes • considerable innovation in the rfoisie of our Mean.
Mons, and of which the newspapers have readily and fairly
availed themselves. But from the moment that a
journal, not cenfining itself, as the English newspapers
do, to the reproduction of opinions, whether liberal or
conservative, aristocratic or democratic, tory, whig, or radi-
cal, attacks the very principle of our institutions, and even
the dynasty itself, I felt myself bound, if I was to remain
faithful to the doctrines of my ministerial circular, to give
• warning to that journal. Nor did I stop there. I .044
the opportunity furnished by the circumstance that the
writer of the article was a foreigner to act with still
greater severity, in order to place, in the clearest possible
light, my resolution on this point ; foe I entertain
the conviction, at once deeply rooted and strength-
ened by the example of England, that the sole mode
of establishing freedom in • country where, unlike England,
there seal exist faction. hostile to the existing form of
government, is to separate the liberty of discussing the
affairs of the country from the liberty of assailing its fun-
damental institutions. Now, in precisely the same way in
which you in England, with your practical common sense,
have never allowed the establishment of the Hours
of Hanover to be called in question, I, as the
faithful guardian in France of dynastic interests
resembling those of the House of Hanover, will
not allow myself to be turned aside from what I re-
gard as the sacred path of duty. In a word, I
entertain the sincere belief that, in having dealt thus
severely with the Coarrier din DiNGSICAC, I have been as
truly serving the interests of freedom as when I invited all
the journals freely to disease the acts of the edminiatratirm.
Such, my dear sir, is the leagnage which I may frankly
and openly employ to men who, like yourself, have bees
led in perfect good faith to misapprehend the moral elm.
meter of this measure, and Idoso in the belief that the
most effectual mode of serving oleo's country is first faith-
fully to serve the dictates of one's own conscience.—Accept
the assurances, &c., (Signed) F. Di PriISIONY.

There is to be, we (Army and Nary Gazette) hear,
• medal for China for both the wars against that empire ;
and clasps far Pekin and Canton.

THE ARCHBISHOPS AND •'THE ESSAYS AND
REVIEWS."

The Rev. W. R. Fremantle, of Claydon Rectory,
has received the following reply to an address presented to
the Archbishop of Canterbury

Lambeth, Feb. 12.
" Rev. Sir,-1 have t►ken the opportunity of meeting
many of my episcopal brethren in London, to lay your ad-
dress before them.

"They unanimously agree with me in expressing the
pain it has given them that any clergyman of our church
should have published such opinions as those concerning
which you have addressed us.
" We cannot understand how their opinions can be held
consistently with an honest subscription to the forniulariee
of our church, with many of the fundamental doctrines of
which they appear to us essentially at variance.
" Whether the language in which these views are
expressed is such as to make their publication an act
which could be visited in the ecclesiastical courts, or to
justify the synodical condemnation of the book which con-
tains them, is still under our gravest consideration. But
our main hope is our reliance on the blessing of God in the
continued and increasing earnestness with which we trust
that we ►nd the clergy of our several dioceses may be en-
abled to teach and preach that good deposit of sound doc-
trine which our church has received in its fulness, and
which we limy that she may, through God's grace, ever set
forth as the usoorrupted Gospel of our Lord Jesus Christ.
I remain, rev. sir, your faithful servant,
•. Rev. W. Fremantle. "J. B. CANTUAR.
" I am authorised to append the following names :
"C. J. Eaoa " R. D. HERE/ORD.
" A. C. LONDON. " J. CHiarra.
" H. M. DUREX. " A. I.LANDA/7.
"C. R. Wurrov. "R, J. B►TH RAD WELLS.
" H. Emma. " J. Livootx.
"C. PRITIRDOROUGH. "C. OLOUCIETER k BRISTOL.
" C. Sr. DAVID& " W. axiom.
"A. T. CHICHESTER. "R. RIPON.
"J. lacerrum. "J. T. Nottmcv.
" S. 0:ov. " J. C. BANGOR.
" T. ELT. " J. ROCHIL4TER.
" T. V. Sr. AAtre. " S. CARLISLE."
" J. P. MAxcassru.

THE PROPOSED COBDEN DEMONSTRATION
AT BRADFORD.

On Thursday afternoon a meeting of the com-
mittee formed in the wonted and woollen districts to do
honour to Mr. Cobden, in consideration of his distinguished
services in connexion with the French treaty, was held in
the ofilces of the Bradford Chamber of Commerce ; the
object of the meeting being to receive a report from the
deputation who waited upon Messrs. Gladstone and
Cobden, and to determine what further steps
should be taken. Mr. H. W. Ripley, chairman of the
Bradford Chamber of Commerce, occupied the chair. The
chairman reported that the deputation, which consisted of
Messrs. F. Crossley, M.P., E Baines, M.P., H. W. Wick.
ham, M.P., E. A. Leathern, M.P., J. Eitandeld, M.P.,
Ripley, Whitworth, Behrens, Kell, and other gentlemen
from Leeds, Huddersfield, and Batley, in all about nineteen,
waited upon Mesas. Gladstone and Gibson, on the 7th inst.,
and were introduced by Mr. F. Crossley, M.P. The invi-
tation having been presented to the right hoe. gentleman,
Mr. Gladstone replied in a speech which occupied
about twenty minutes, and began with a most eloquent re-
cognition of the services rendered by Mr. Cobden, whom he
considered well deserving of the intended demonstration,
and of all the gratitude which parliament and the nation at
large could show him. He dwelt upon the treaty brought
to so happy an issue, and trusted that it would realise the
most sanguine expectations. All those who were associated
with him (Mr. Gladstone) as labourers in the field of politica
knew bow seldom even the good they could do was unmixed
with evil, but all could look back upon the French
' treaty with feelings of perfect satisfaction. Coming to the
special object of the deputation, Mr. Gladstone said that he
bad, after mature consideration, come to the conclusion that
he ought to decline the honour offered to him, although he
considered it one of the greatest which could be offered to
any public man. He (Mr. Gladstone) was only an indi-
vidual member of an united cabinet, and whatever he had
done was done in common council and under common re-
sponsibility, and he could not separate himself from his col-
leagues in accepting any special honour on account of the
treaty. But besidss this general objection he had a special
one, which referred to him as Chancellor of the Exchequer.
As such he could not separate the treaty from the other
parts of his budget, which were yet open to criticism and
obloquy, which the treaty itself had apparently outlived.
For these reasons be must decline the invitation so unani-
mously given to him. Mr. Gibson, on hie part, said that
whilst the reasons given by Mr. Gladstone did not
perhaps apply with equal force to himself, still they
did also apply to him, and he must respectfully de-
cline the Invitation ; but he suggested that, as the
great merit of the treaty really belonged to Mr. Cobden,
the banquet should be given to bins alone, other parties
being invited. This report having been tendered to the
committee, expressions of regret were manifested that
Messrs. Gladstone and Gibson had felt themselves obliged
for the reasons Mated to decline the invitation ; and it was
then resolved that a deputation should be appointed to wait
upon Mr. Colxlen immediately on his arrival in London, to
make arrangements fur the time of the intended demonstra.
tion, and that the chairnma be requested to communicate
with Mr. Cobden to endeavour to ~,certain the time of his
arrival. It was also resolved that when Mr. Cobden his
fixed the time the French commissioners and other gentle.
men be invited to meet him.

Mr. Edmund Oldfield has withdrawn from the
Department of Antiquities in the British Museum. The
trustees have accepted his resignation.

The aub-committre of the Hallam Memorial
Fund, having examined the models sent in by various 'map-
ton for a statue to be erected in St. Paul's, have unani-
mously selected the design of Mr. feed, who will proceed
with it at once.

We (if the ma Ion) are glad to hear that the sub-
scriptions towanls Consul Petherick's expedition up the
White Nile are likely to attain to the amount necessary fur
the journey. Such a task could nut be in safer hands.
The lists already show contributions ►mounting to 1,0001.
The French Exhibition will open this year
earlier than usual, the oth of next month being named for
the private view.

Mr. Wooluer's bust of Professor Sodgwick is
being exhibited in the vestibule of the library of Trinity
College, Cenibridgo.

Madame Riaori ii expected in Paris early in
March, and iotends to play iu French at the (lien Theatre,
in a new play by M. Legouvi.

" Years have elapsed," says the Illustrated Times,
"gime there has been any theatrical sums' to equal that
of The Colleen Bate* at the Adelphi. Nightly the house
is crammed, and hundreds are turned away. At Easter
Mr. and Mrs. Boucicault go for a month to Dublin, where
this favourite piece will be played. During their absence
Mr. Webster will re-appear at the Adelphi. On their re.
turn, Mr. Boucicault's drama of The Octoroon will be res
produced. As this piece treats of the slavery question, the
principal ensue representing a slave ash) depicted by the
author from actual observation), it will doubtless, at this
time, create a very great impression."

Shortly M. i't.chter will csaay the character of
Hamlet.

Green-room gossip mentions that a new and
original play by Mr. Craven, in which Mr. Robson has •
powertblpart, is in preparstiou at the Olympi r.

We (Ainday Tiny) are very happy to hear that,
on Friday last, Mr. Drew, the popular Irish comedian at the
Lyceum Theatre, experienced a notable improvement in
health. A refreshing sleep—the first he has enjoyed since
his attack—seems considerably to have ministered to the
chances of his recovery, and his friends have been encou•
raged to hope that be will now be speedily enabled to make
his reappearance on the stage.

The General Dramatic Fund dinner will take
place on the 28th proximo ; Mr. E. T. Smith in the chair.

Mr. and Mrs. Kean do not go to America next
year, as they originally intended, having entered into an
engagement to appear at Drury-lase.

The dormitory• at Westminator School ham been
partitioned into separate sleeping places, and has been well
lighted and ventilated. A gymnasium and a fives court,
available in all states of the weather, are to be established
The hour for attendance by boys who reside at a distance is
now 9 a.m. At the same time a proper building or hall for
the reception of home hoarders during the interval between
school hours is to be built in llean'e•yard, and, when within
that building, they will be under the supervision of a master
specially appointed for the purpose.

- - - -
THE LIVINGSTONE EXPEDITION. —lnformation Las
not hitely been received from the great explorer end his
party. Favourable accounts have been incidentally for-
wanied of the well-being of the expedition, Dr. Livingstone
being especially stout and well. They are probably about at
the end of their return journey to Teti from Linyanti. ex-
pecting to meet the members of the University expedition,
who are now in the river. Mrs. Livingstone has been stay-
ing atLi'imbridge, at Aubrey Villa, the residence of the Rev.
William Monk, during the pest few days. Sho is a remark-
able person, having shared many both of her father's and of
her husband's most dangerous journeys. Mrs. Livingstone
yill return to Africa after the lapse of sufficient time to
arrange family matters in England. Her visit to Cam-
bridge was, we hear, somewhat sudden ; hence, she has not
had so good nu opportunity of meeting members of the Uni-
versity ; still, she has been introdumi to many of our met
distinguished residents—at the Bev. Profemor Sedgwick'e,
the Rev. Professor Browne's, the Bev. W. Monk's, and
on other OCC4l,lolll.—Cambridye Indrix 'ideal.

--.

LAW INTELLIGENCE.
(THIS DAY.)

k • I:T FOR DIVORCE AND MATRIMONIAL
CA USES.

• ll* JuJge Mammy, Mr. Justice Willer, anal Mr.
IN►w C6airovll.)
Vt, FAVITLT CALMED r. 11.11AHON.

• . ease the petitioner, Mow Margaret Lea Bevan,
Mr.. M'N.hoo, prayed for a deawe of
• ,of tnarriage under the eircutustances re.
I a few weeks sinee. Miss Lea Bevan, the
•.r of a sur.;eon near Liverpool, a young
:rest personal attractions and of most respectable
had in a tit of pique at some disappointment,
• . test a clandestine union with the driver
onusibas, in which she was sometimes in
,slet .4 riling. she now sought to have

set aside, on the ground that in obtain-
: the tuarris.ge Momr her earns 1,4 which was asserted
• a toderial part of her designation, had been fraudn•
sir iatittad Mllahon, and that n false address had
.1, given is order to deceive the surrogate.
appeared, with Mr. flesodt, for the
weeper, but the court haring regent to the great impor-
a the eaee directed the queen's proctor to iastract
goad oa the other side.

lir. Phillinovv, , now appeared aml contended that
• Mew liclf4ll was of 14,:e, awl as nobody Nada have had the
ulleatower to (.0..4 her marriage with the reapowlent,
•fratul hnl committed aptinst anyone. At the
•Nie of hi. leval argtimest the horsed .lortor stated that
see the cancel had .lero-tol the Queen's Proctor to inter-
im-, the hnaton. Iw.l thou4ht it right to place in his bawls
amber .4 lathe. written to him by the petitioner both
1-re and am., the marriage. is awe of which the word
1..." initial Appeared is her signature.
Tie Fowl wel thee were not in position to receive ell
rtber isbeniation is the caw. In oar inataece the court
.1 adjourned a atilt an enter to permit the bombard to ad-
further evidence. end in the interim they allowed the
.p newt to appear and plead ; but they could eat allow a
arty who ha.l tent appeared to give evidence.
gr Collier then npliol, coateadiag as beton that a
prwurr.l frandulestly and under Weems= was la
wt 41..4 a.. been.. et all : aed that the niarrielp having
u. licen rek•broted without buss*, or their orluivateld.
.• be the statute.

rt,.. ...art at owe Jeliverod judgment, affirming the

THE POLICE COURTS.
(THIS DAT.)

-•-

GrILDHALL.
ATTVISPTED
te.4t. Soak, de,nlvel .. • printer, of 17, Chatitatte-
c t. T.B4toeham.opurt•roil, was plArevi at the bar Were
tetel ch.:ay.! 'nth ►aria; attempt...l to enema
ter...moil kismet( isle the liver of She jar at
t. tfriauehnlZ..
It.• primmer WM hreaght up • few clays up Wens
.1. rams (.vette., oho, etorestrusg, that los was sat f• Isig
et med. retnatelel boas tall today in order that ha**
,waisked bf the prows surgeon as to his nasty mina,
.. hie leteg hmeght op, the Warr ►aadd is a saltlisat.
the street t►at the preemie was of aground gaol
(*skald Wil.ag Pester the agegumumsga, dim, yes
al Wings lake ben h. the Units.

Promo". rattan ia...lo7reatly Wily as I to as ant to
r 1:111141 IL

I Ansel WAtaa—tle.....ium.i I think it will In the best piaci,

l'iveier —Do Too =pp.* then that I am Mt be wiy rigid

_
I Leal Wilgus—Pawns is their proper senses do not
r.tql.t 1 o comma =kids ; at all creoti not without e
derv.

Prioorr—lto y, not think then that a man may bio
• mei attempt to &atm" himecifoont aftcnrante resswer,
Willett -You do not appear to me to be is • It
• to go et largi., mai en the method officer's eilltifioel4l
uurmy ion own rimelanore opiates I think
11 will lie letter Liken care of In the Union ibeasaywbore

The Twin. mer wa. actortlingly removed, proMMieg tbst
I.l.rle.tly swat.

A rar•rn !ARIAS kErt,INo; Tlll OATN.
In • reee a felony heawl before Mr. laglisaa, a raped-
le•lonithr inidelle•aged lady was called as a witness, sad
the oath being administered to her is the tuttal &ma,
c .Imliar.ll to kiwi the Tesbantent.
Mr. I riglaun- A% by Jo you reface to him the book! A
• a tleakerea, .br of the denomination called separatida!
Wit --Nu, lam a prvilieterisn.
Mr. Ingham -Than what is your miaow for declaim' the
th

M deems -We n,lfef swear ow the book ill Scotland.
Mr. bighorn -1 hare swore numbers .if Sootch people,
.1 they serer uhreted to the oath. What form of oath
e swore upoe 7
Witeese—l out not aware. I rupposeil you were ac•
minted with it.

iii.l;pgiWo:lre have ei form, merit in the ease of the
alters sod esperatieta, and in tLose cams* the act of par.
meet provides nee in the shape of an alltrmatioe. The
sue.; of the book is ooly required for you to tell the
uth. Cow% Ines the book.
The usher main handed the wham the Testament, but
e positively deelised to kiss it.
Mr. Ingham—Have you ever been in any court of law in

- No. sir.
Mr. logbaxis -Theo bow do you kwow wh►t form is usk4l'.'
tt'itoees-1 do out know. I thought you were acquainted
Oa it.

cannot understand your objection x. &M-
-al ere
& gentlemen to parliament to lucre in making
e• for the limitary, but there is lathing to exempt prep
terms, hum Wm% thermal oath. If I led your evi-
ct.. so..wary I elan ins • Numinous far your attend.
cad if yip refire le sew I skull commit you to prison.
.0 had better think ewer Il
ritsere—Very walk air.
la evidence ins set eleidecei assarry, and the lady
allure) to depart.