The Express.
London, England, 1861-05-06 00:00:00

(Stamped, id. Additional) [TWOPENCE

FRANCE.

THE DUKE D'AUMALE'S PAMPHLET.
(nom DUI OWN CORRESPONDENT.)
PARIS, SATURDAY ETUIRO.

I was not able to get admission to the 6th (cor-
rectional) chamber to-day to hear the trial of the
printer and publisher of the Duke d'Aumale's pam-
phlet. The president, M. Masse, who has been as-
sailed by hundreds of applications within the last
week, returned the invariable answer that "it
was a public court and ho had made up his mind
to give no tickets." This resolution, which sounds
very equitable, was so strictly acted upon in regard
to the defendants and their counsel that they were
not able to introduce a single friend; but when I
presented myself this morning at the outer door of
the court the constable on duty told me that no-
body could pass without "papers," and I had the
greatest difficulty, after alleging, as the fact wea,
that I had a rendezvous with au eminent barrister,
in making my way to the corridor, where a great
crowd of advocates and others were waiting, and
had been waiting for hours, in the forlorn hope of
obtaining admission. Upon what principle the
court was finally filled, as I am told it was to suf-
focation, I have not, down to this moment, the
least idea. From time to time the crowd of expeo-
tants, of which I was one, saw people paining
through a private door, who were furnished with
"letters"--a special m, whichsooms to have been
invented by the president to save the word which
he had given not to issue " tickets." The very
small space which as a matter of course, and out of
respect to form and theory, is always allotted to
the public without tickets, was tilled at the first
rush with police agents in plain clothes. Neverthe-
less, as I observed M. de Moutalembert going in
through the privileged door, the president cannot
be accused of a design to pack the audience exclu-
sively with friend', of the reigning dynasty. I re-
peat, that I am unable to explain how it happened
that the president refused, contrary to custom, to
give any tickets, and yet that nobody, so to speak,
was admitted except by favour.
Although not present, 1 am able to give, from an
authentic source, an outline of the proceedings,:
which the French journals are prohibited from re-
porting.
There being no prosecution against the Duke
d'Aumale personally, the only two defendants were
K Beau, the printer, and M. Dumineray, the pub-
lisher of the incriminated pamphlet. Their exa-
mination by the presiding judge was short. They
admitted their responsibility for the pamphlet, and
did not deny that they expected a pecuniary in-
demnity for the consequences of the prosecution.
But they said they regarded it as a duty not to re-
fuse the benefit of publicity to the defence of an
exiled and illustrious family against virulent and
unprovoked attacks.
The indictment, which contained the single
count of "exciting to hatred and contempt of the
government," was sustained by K Substitut
Ducreux, the sou of a well-known terrorist of
French° Comt4 of 1791, and who in consequence
of his parentage was advanced to the rank of a ma-
gistrate by the republican government of 1848, but
who speedily rallied to the coup d'ftat of 1851. His
speech was violent, rambling, and withal weak.
It is described to me as even more venomous to-
wards England than the celebrated address of M.
Cordouen, in the Montalembert case. He greatly
taunted Louis Philippe with culpable and cowardly
complaisanoe to England in 1840, and compared
the Orleans family of the present day to the
Stuarts conspiring in a foreign country after the
fall of James H.

M. Dufaure, counsel for M. Dumineray, based
his defence mainly upon these two grounds—first,
that the Duke d'Amnale's pamphlet was a reply to
an attack, and not an aggression ; and se-
condly, that it did not exceed the fair limits
of criticism upon the acts of government
which had generally been allowed. Nothing
could be more unjust than the comparison
of the Orleans princes to the Stuarts. The Orleans
princes had never conspired. During twelve years
they had suffered insults and injuries of every kind.
They had beeu attacked in their persons and in
their property—(the Orleans confiscation was here
alluded to)—and they had lived all the while in
patient retirement, consoling their dignified mother
and working for the grandeur of France whenever
an opportunity presented Beall. They had written
articles on the navy, on the Zouavea, and a variety
of other national subjects, in which articles not a
trace was to be found of any other sentiment
towards France and the two services than that of
the patriotic affection with which they were ani-
mated when they stood on the steps of a throne
and held high command. He would tell the court
where these princes might have found an exampleof
what conspiracy was. They might find it in the case of
an exiled prince, who not many years ago, kept a clan-
destine press, published incendiary articles, endives
surrounded by a staff of unecrupuloue friends. He
claimed a right for the Duke d'Auniale to reply to
the bitter and calumnious attack upon his family
made by Prince Napoleon in the Senate, and which
attack had been 'meted by authority upon every
church door in France. In that attack he was
grossly misrepresented. He was represented as
wishing for foreign invasion and reaction—the two
things which of all others he most detested, as,
added M. Dufaure, "I do myself." As a point of
law, M. Dufaureargued strenuously that in the case
of a pamphlet, as distinguished from the daily
press, which was admitted to be fettered, writers
in France were at this moment subject only to
the very laws which prevailed before 1852. It was
nothing ,to the purpose to say that a criticism
otherwise fair awl allowable was illegal because it
touched the person of the Emperor. That was a
necessary consequence of the constitution which the
Emperor had thought fit to create. There was now
no such thing as ministerial responsibility ; the
Emperor was the only responsible person in the
goverumout, but that did not alter the law which
permitted reasonable criticism of the acts of the
administration. The court should recollect that
the liberty of writing a pamphlet was almost the
only liberty left, and should be careful how they
interfered with it. The Senate had no jurisdiction,
except to protest against unconstitutional acts, and
they could afford uo redress for many things which,
though lamentable, were not unconstitutional. The
Corps Legialatif wags body fur which be had a high
respect, more especially since the recent extension
of its powers, but it was nut an apt instrument for
the redress of grievances. M. Dufaure treated the
letter of Prince Napoleon to the Emperor, inserted
in the Moniker, praying that the Duke d'Aumale's
pamphlet might not be prosecuted, as a mockery.
The Prince said, "To stifle is not to answer." But
the government greatly improved upon his propo-
sition, for they stifled and answered too. He com-
plained of the mode in which the answer bad been
given. A series of pamphlets redolent of official
inspiration had appeared. (Here M. Dufaure pro-
duted a great sensation by holding up a bundle of
pamphlets, eleven in number, which had appeared
since that of the Duke d'Aumale.)
At this stage the President, interrupting M. Du-
faun', said he did not see what those pamphlets
published subsequently to the libel incriminated
could have to do with the case.

K Dufaure persisted that they were relevant,
and succeeded in reading several passages from
them. Most of these pamphlets were anonymous.
One indeed was signed with the name of a viscount,
but inasmuch as this viscount's name was not to be
found in any known list of nobility, he did not
think his production was substantbdly otherwise
than anonymous. He did not make this remark to
disparage anonymous writings. On the contrary,
they were, according to recent practice, more autho-
ritative than any other. K Dufaure, in conclu-
sion, read a well-known and pathetic extract from
the works of Napoleon 111. describing the sad lot

of an exile who was condemned to suffer calumny
and insult iu silence, and asked whether this de-
scriptiou was nicaut to be the programme of the
Emperor'a treatment of exiles
M. Hebert, for the printer, M. Beau followed
M. Dufaure in his argument that the law regarding
pamphlets was the same as before 1832. He ob-
served that under the most despotic governments,
iu all ages and iu all countries; a ourtain latitude of
criticism had bucu allowed. L eder the worst of the
Roman Emperor*, Canaille and Doinitian,
the censorship had been done away with
as an idle piece of machinery under an
all-powerful government. But even these Emperors
allowed a certain latitude of discussion. You
find, said M. Hebert apostrophising the public
prosecutor, that the tone of the pamphlet is hostile ;
but I will show you that it is far less hostile than
one which passed with impunity in the time of
Louis Philippe. (Here M. Hebert read extracts
from a pamphlet of Prince Louis Napoleon Bona-
parte in 1839). Ho observed that the work of the
personage who was now Emperor of Prance, and
which refiecte4 upon the National Guard, had been
published at a moment when a most serious enema,
had been just suppressed by that National Guard,
and when two attempts had been made upon the
King's life. It was, moreover, published shortly
after a very grave event, which the public prosecutor
on this occasion had forgotten to allude to—an
event preceded by another of a similar charac-
ter, which had been followed by pardon on
one side and repentance on the other. [The
allusion to Prince Napoleon's abortive attempts
at Strasburg and Boulogne is transparent.]
This work, so hostile to the government of the
day, was not repressed by any of those military
executions so regretted by Prince Napoleon in his
writings—it was nut oven prosecuted—it was re-
garded by the government as a thing of which they
should take no notice, and to which a certain im-
munity might be allowed as the work of a " soured
and suffering man."# No doubt the public prose-
cutor would say that there had been a great dere-
liction of duty on the part of the law effluent of the
crown of that time—no doubt he would say they
should have shown more zeal, but here
M. Hebert made • great point—" if they
had indulged in such zeal they would
in those days have boon checked by the judges."
He trusted that the judges of the present day
would not allow it to be said that an exile was to he
punished under the empire fora writingwhich would
have been held innocuous under the former reign.
In answer to the attack made by Prince Napoleon
upon the memory of Philippe Egaliti, he said that
this member of the house of Orleans had expiated
his fault in voting for the death of LOuis XVI.
upon the scaffold. But he repudiated with indigna-
tion the charge that the Orleans family were tainted
with the crime of political assassination. On this
point the pamphlet, which was accused of having
gone too far, ought have gone much farther. It might
have made a comparison between the last will* of
Louie Philippe and Napoleon 1., and referring to the
legacy given by the latter to Cautillon as a reward
for his contemplated assassination of the Duke of
Wellington, it might triumphantly have asked
which of the two dynasties was the greatest patron
of regicides.
A gentleman suspected, and as it appears on good
grounds, of being the bearer of letters from the
Orleans family to friends of theirs in Paris, was
arrested two or three days ago, and so rigorously
searched that he was almost stripped naked.
Twenty-seven letters were found upon him. One
of these was from the Duke d'Aumale, and it
being thought by the government officers that the
absence of this letter might be made an excuse by
the counsel of M. Dtunineray for putting off the
trial, it was sent to K Dufaure. But the other 2h
letters remain confiscated. There were no replies.
The court, after a very short deliberation
found both the defendants guilty, and sentenced
K Dumineray, the publisher, to a year's imprison-
ment and • fine of 5,000 f., and M. Beau, the
printer, to six mouths' imprisonment and the like
fine, 5,000 f. There will be of counts, an appeal
against these very severe sentences, and this recotfrse
to a higher tribunal is not a mere formality, for in
many recent instances it has happened that the
superior court has reduced the sentences of the
Correctional Chamber.

The Bourse was quite brilliant. A reported
cause for the rise, which I look upon as merely si
wild rumour, is that Austria is contemplating the
transfer of Venice to Italy aping the annexation of
the Herzegoviu. The rente roseWforcash and 30 for
account, closing at the highest prices of the day,
69.35 and 69.45. Mobilier rose 12.50. Thu move-
ment in railways was greater than it has been for a
very long while. Orleans rose 7.50, Northern 10,
Eastern 15, Lyons 10, Southern 15, and Western
12.50.

GOVERNMENT AID---Tt;--"VoldflaTZEß CORN.—
The suggestions thrown out last week, as to the mode in
which government old, if given at all, should be accorded to
the volunteers, has been thoroughly discussed during the
past week amongst most of the Metropolitan Ride Corps,
and has met with general approval both from officers and
men. The question of obtaining rifle butts within a rea-
sonable distance of the metropolis is one of the greatest
difficulties the various volunteer regiments hero hail to cur-
mount, and up to the present moment, so far from
assisting, the government appear to throw every pos-
sible impediment in the way. Thus, wo believe, we are
correct in stating that, although the London Rifle Brigade
laid out a very large sum of money in procuring a
rifle practice ground, and in building • butt at the Crystal
Palace, it was vetoed by the government inspector, end
that immense regiment is at this moment without nny ride
practice ground of their own. The North Middlesex arc in
• slunk!. position. They hail the offer of a most eligible
rifle range, of from MO to MO yards, in the vicinity of
llampeteid.heath ; but wheu viewed by the government
impactor it was reported against, although completely away
from houses or buildings, and in a natural cutting, with
earth works already thrown up, and protected from en.
croachment by the Hampstead ponds. What, however,
puts the climax to the absurdity of these proceedings
111, that whilst there is not one-twentieth part of sufficient
Lett aceommicintien for the metropolitan rifle regiments,
the government themselves are absolutely soliciting and ac-
cepting the use of the volunteer butts, without any pay-
ment, for the militia reginients now undergoing their !VI
days' drill in the various districta.—Okereer.
uscit or THY SHIP EAOLN, AND LOMA OP
Lire_—On Saturday • despatch was reoaved at Lloyd's from
the Foreign-office, announcing the abandonment of the
barque Eagle, Captain Malmo, of London, and the melan-
choly loss of the unfortunate commander, two of his
officers, and three of his crew. Aedmling to the state-
ment of Edward Edwards, the late stewanf of the ship, it
appeared that on the IT.fth of January a very heavy gale
was experienced iu lat. 19.19 S., lon. 58.49 E., and a man,
named Henry Rock, was blown overboard from the train
royal yard and perished. The storm increased, and tremen-
dous seas broke over the ship, the waves running niountaios
high. The captain, shortly after midnight, sent down for
the chief officer, and sent the second mato to get a fresh
hand at the wheeL The ship then came to two or three
points, and was struck by a fearful sea. No more wan
hairit of the captain, or the chief and scrond mate awl
three of the crew • they had been swept overheard. Merest
everything was smashed on deck, and one of the boys, Wit-
Bun Borine, was nearly killed. Another of the crew wan
found on deck apparently dead, and the chip Piing 011 Imr
beam ends, a disabled wreck. After great difficulty the
masts were cut away, and the remainder of the crew were
engaged three days and nights in endeavouring to kei-p the
ship clear of water. At length a sail, the Augusta. Captain
Haman, hove in sight, and the poor fellows were token of
the wreck, in a very exhausted condition, the Eagle nt the
time fast settling down. The names of those who perished
were Captain Francis Malone, master ; Mr. Henry Charlie
Lexington, first officer ; Mr. Charles Wright, second offices;
Henry Black and William Martin, seamen; and George
apprentice. The Engle is reported to have been
insured.
The Parana, which was chartered by the Galway
Company to take out the Americus mail to-marrow Mu
been re*ted by the government, her speed not peing
sufficient.

" TIioRLEY'S" NILWMARK ET TRIUMPH/I.—Kettle-
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two and wand for ihs 1,000 Oulneee. The only journal that.
pi-ea let•A Falrwater for the 1,000 Guineas. For ..Fredletor's
Emp,hr for the Chester Cop lad other events of the work, IWO
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