The Express.
London, England, 1857-11-02 00:00:00

ay
*.
EVENINII, NOVEMBER 2, 1857.

WR4DBOII, OCT. 31.

The Queen and Prince Consort, with the Duchess
of Cambridge and Princess Helena, acoomyenied by Lady
Craaworth, drove out yesterday afternoon. Viscountess
Jocelyn, Lady Geraldine Somerset, the Han. ZIOMBOT Man-
ly, and the Equerries; in Waiting were in attendants.
The dinner party in the coining included the Duchess of
Rent, the Dachas of Ciunbridge, the Prince of Weiss, the
Princess Royal and Princess Mary of Cambridge, the Lord
Chancellor and Lady Crsnworth, the Belgian Minister and
Madame Van de Weyer, the Hon. MIL Biddulph, Mr.
Baillie, and Mr. Gibbs. .

Theßend of the Scots Fusilier Guards attended in the
Cagle, and played during dinner.
Her Majesty'. privet' bend performed In the evening the
following

Overture, " liaritana" Wallace.
Ilona end Dnetbe, "'freebie"
Faekei-Tana

The Queen and Prince Cceseert, acconipenled by the
Princele Royal, rode out on horseback We morning, attended
by the Hon. Horatio fltoploed, Major-General Downie.
Colonel F. H. Seymour, and Colonel the Hon. N. Hood.
The Prince of Wales went out ehootlng.

The Duel:leas of Cambridp and Princeea Mary took leave
of her Majesty and left the Culla in the forenoon, attended
by Lay Geraldine Somerset end Major Parra.
The Lord Chancellor and Lady Cratiworth also took their
departure.
The Prince Conlon went to London today by the South
Western Railway. His Royal Highne•e drove from the
Orate station, Vauxhall, to the National Gallery; after-
wards visited Weetzaizater Palace, and returned to Windsor
la the faunas.

—Viscosatead 'baluster Pahnerston arrived this after-
noon, as had the boars of dining with her Majesty ht the
wreaks. Lidy Nary Hood also bad the honour of being
invited.

Her Majesty's gavots band played In the evening the
Wineries cespesttkee : . .

Overture, .. Dermas Na"
Selection, •' Leivesire"
Terretto, vermeils twits Mozart.
Ales's., and Worm
Nov, 1,

The Q. sod Prism Consort, the Prince of Woks,
Prism' Al* sad Primes Hokum, the ledfee and gend•-

NM d tl7,Coert, end the Domestic household attended
divine service this meaning in the private chapel. The
Noe. sad Vary Rev, the Dean of Windsor officiated.
/daper-Osereal Buckley and Captain the Hon. D. de Roe
have succeeded If elor-Genaral Bouverie end Colonel F. H.
demur se the Equerries in Weida' to the Queen and
Prince &swot

- --- ---
liar Ididosty will hold a Privy Council en Wodsooday
matt the 4th foxtrot, at Windsor Cagle.

The Duchess of Rent, attention by Lady Augusta Brun
and Sir Georg* Coupe?, arrtrod it Clarence House, St.
James's, on Saturday morning. Her Royal Highness
returned to Programs in the afternoon.
. .

The Maquis of Wotan* had au Interview with Sir
George Grey et the Hotaredloe ow Friday.
Lard Steak, of !Jiang returned to hi. wt, Alderley
Park v listorday.
Dewed= kr the of the Watt Italia Colrain
were epee of ea eetardsy hem the Cokatel-office.

Visonat mid Vicomte= Pigment= let Cam-
inito Hoer, PkerdOly, on Saturday, as a Melt to hre
lisMity, at Wisdom Camila The Prosier will remain
errand days at the Coed*.

The Lord Chancellor and Lady Cranworth re-
tained to town on Saturday, from a vWt to her Majesty at
Minima Castle.

The Earl of Clarendon, accompanied by the
Cookie, left town on Saturday, on a visit to the Right
MIL the Chancellor of the Eac.haqacr and Lady Thera
L. at Marylon Court, ilarafordeldre.
_. . ..

Ths Earl branvilli has left town for Derbyshire.
The Earl of Harrowby has also left town for
Bawl=Hvl, tzliaSzdakire. . .

Lord Panmure ia at Taymouth Castle, on a visit to
tits Manias and Marchioness of Breaklimns. The noble
red srM be in town on the Bth last.
The Right Hon. Sir George Grey has gone to his
int is Northumberland until the 7th inst.

The Right Hen. Robert Vernon Smith and Lord
Stanley of Aida* fousoiff is town.

The Right ion. M. T. Baines has left town for
Yorkshire.
His Excellency the Netherlands Minister left
town o• Saturday ca a visit to Mr Hesoy and lady Baa-
lbek, at thar rat to Yostaktre.
The Duke of Portland has arrived at Harcourt
Hoes., Cavatdah-aquar, from his seat, War& Abbey,
Nab

The Duchess (Emily) of Beaufort and the Ladies
Edith mad Emily Somerset have arrived at their Mena reel-
demos from viaitiag the Earl and Counter of Wilton, at
Heaton Hall, leameldrs.

The Marquis and Marchioness of Tweeddale have
retired satisfactory accounts of their two sons, Lord Wit- 1
liam and Fredrick Hay, who are both in the civil nevior of
the Han. Bast ladle Company, In the Bengal Presidency.
The Earl of Derby left Newmarket on Saturday
fur Know.ley Hall, his seat in Lancashire.
The Earl and Countess of Clare have arrived in
town from Mount Shannon, Dear Limerick.
Viscount and Viscountess Villiers are now at
Upton Home, near Banbury, whirs they intend to per the
winter. . _

Lord and Lady Willoughby d'Ereeby have arrived
is tows, hum Drummond Castle, Perthshire, the noble lord
and lady having made a short slit to Ortnisthorpe, Lincoln-
shire, oa their route south.
Lord and Lady Ebury aro pairing the season at
Moor Perk, Hertfordahire.

- _
Lord Henry Scott and Lord Itanglaa have arrived
at Montague House Whitehall, from the Duke of Bac-
cleuch's east, Drurnisnrig Castle, N. 8., and are on the eve
of departing on a Continental tour.
The Right Hon. Sidney Herbert, M.P., and Mrs.
Herbert, have been repaving a select circle at Wilton Houle,
near Salisbury.

The mortal remains of the Hon. Edmund Phipps,
brother of the Marquis of Norroemby, were on Saturday
interred in the Necropolis at Woking. The funeral was of •
strictly private and unostentatious character, and was
attended only by the Hoe. Colonel Phipps, the Earl of Hui-
grave, and other menibsee of the family.
Samuel. Leonard Tilley, Esq., has been appointed
Secretary, end Charles niter, Esq., Attorney-General tar
the province of New Drumstick. Joseph Sherrington, Eon.,
has been sppoioted Treerarer, sad Walism Gala, Eq.,
Accountant for the Treasury Department, island of Ando&
Jules Colin, Eq., has been appointed • district Magistrate
fir the island of Mauritius.— ()bum,

Her Majesty's governmeut have intimated to the
Mayor of Oxford their willingness to present the city with
two Russian guns from the met of the late war in the
Crimes, on oondition that the expellee of mounting them is
not thrown upon the government. We understand the
Mayor has accepted the offer. It is expected they will be
pieced in Codas, in frost of the polio, station.

CoNTRAcrs (Prinic DzpAwnerwrs).—An enor-
mous blue-book of 637 pages, about the deed s church
Bible, wee fumed by the Paelleasentery prince's se listuiday.
It conteins the repeat of the select committee of the Com-
mons House sppointed, In ?day Isar, to inquire into the
principle adopted ?or making contracts or the public depart-
meats and the effect of the meant system on the expendi-
ture of the public mosey. The typist is to the effect that
the committee have not yet been able to conclude their in-
quiries, but they recommend the pnblirAtien of the eaf.
desee for the information of the loose end the puns
The committee oonsidered the clothing of the army se the
first branch of their inquiry but circumstances aroma to the
coarse of It which induced them at once to cos-
mance an Inquiry into the present contract fee
supplying 16,000 marines with clothing (which inquiry is
incomplete). Every vitae* was promired protectimorul
the chairman of the committee if he made tree and
and full disclosure'. When the draught of the meet
was Mermaid an the 11th el August all amendment wee
moved by Viscount Duncan to strike out words reconerosed-
ing the reappointment of the select committee next year, but
the amendment was negatived by nine to three vote., so that
the reappointment of the committee in DM say be deemed
certain. Mr. Baring and Sir J. Rawden weed with Lord
Dane= la the minority,
_white Dewed Cedringles, Ole C.
?Wrie,Wr. Corry, sad Lard C. Baedtwa weals ibe me-
jotft. Of ten attesters essadiel, the semen were snowed
amoing to 641. Amen Vie tame mutable wllsewes were
Calomel Gtr T. TteeWip, 0.11-Ine C. A. Wetherell,
K.C.D., Yr. 0. D. Bumf, Ceuta, Oetto, C. 8.,
Coloodue=rar news, lAttestat-Ookosi
king, 0410 Wile% R.
Coloiel C. WelbiraDi lad OM{

UNITED STATES.

The Royal Mail steam ship Niagara arched
_yes-
terday morning at Liverpool, haying left New York
on the morning of the 21st October. She Las
brought 64 passengers, but no specie. She heg
brought us New York papers to the 20th, and a
telegram from New York, via Halifax, datod the
23rd ult.
There is very little news of importanoe. The
commercial panic seems to be subsiding. The fol-
lowing is from the latest number of the New York
Times :

MONDAY,Ocr. 19, rm.
The official averaged of the banks in the city of New York
for the week ending on Saturday UM, Oot. 17, Priellat In
the aggregate, Me following changes from the previous
statement of Saturday, Oct. 10:—Decrease of capital Mock,
666,000 dot& ; decrease of loans and discounts, 4,671,743
dela. ; decrease of specie, 3,633,064 d.lo. ; decrease of 1111•
drawn depoeity 7,049,164 dole. • increase of circulation,
563,842 dole. The Clearing-house triumactions of the week
wan unprecedentedly small, averaging only 10,196,611 dela.
per day.
The liquidation in sit departments, mos that of drculation,
iain very large, VOINthE mainly out of the suspension of
payments en Tuesday last. On that day the specie
iC...611 to 6,800,000 dole., as ascertained on a comparison of
the sums held by each benk,'M the conference the same even-
ing. The Snots again up to 7,843,230 dole., but what por-
tion of the apparent two millions Increase is from spethd ur
what from general •CC3:11:41 since Tuesday, there ia
on sufficient means of • . Some law of the tanks
have sought to increase their at of bullion in both weir,
while other have declined to do so in either, except when
email parcela are brought in voluntarily on general amount,
without pledge from the bank, direct or implied that the
gold is to be returned on the cheque of the depositor. The
ape, ie column, therefore, in the present statement, bas little
significant* se a test of the relative strength of the different
banks. The decrease in loans is made larger by 940,000 dole.
than otherwise would have been by the liquidation of the

North River Rank.
North River Bank, Oct. 10.
Loess dole. 940,346 Deposita dole. 686,240
Specie 42,072 Circulation .. „ 122,707
Capital
Altogether the Present statement is more important as •
carting point under the new order of currency, than as'
showing the true movement of the past week, thrown as It wee
Into utter oonfturion by the event of Tueedq. The reserve
of country bank note. unemployed held this dientoon for
account of the associated citylanks In the vault althe Metro-
politan Bank and repremmted by certificates of the denemlna-
don of 600 dole., 1,000 dole., 3,000 dole., 6,000 dole., and
10.000 dole. each, is understood to amount to 1,300,000 dole.
We have had • dem market at the Stock Exchange through
the day, and the tone at the close is rather buoyant than
otherwise on several of the leading stocks. After the printed
list, New York Central shares brought 671 to 68 ; Illinois
Central Bonds cued 631; (Miens, 68!; Reading, 32+;
Panama, 72; Toledo. 29 ; Miasouri Siam, 661 ; New York
Lang Bizet, 104 ; Delaware, 96; and Erie, lto 12. There
was a fair amount of business done, and the average minima
eines Saturday fa about Ito 11 per cent. The market con-
tinues to be helped by the indisposition of money-lendm to
continue their pmchases of mercantile paper; for which
the is no reliable deemed at present. Bank Mocks are
better held than Ist week, and on the few parcels sold an
' -"--

advance to had on the prevlons transactions.
The market for foreign exchange for the Boston steamer
was a little morn motive than for the previous packet, and the
range of quotations, on actual transactions, not so wide,
although still very irregular. The top Wes were at 102 e to
103 per cent. on Loudon. One or two leading banking
homes settled credits at 103 per cent. ; et the same time ie•
fusing to draw their own bills better than 106 pee met.
There wen solo of transient drawn bills at 101 to I=l-
even as high so 103 pm, cent., with prime New York
meat. France, 6.66 to 6.60, very irregular. Upon the whole
review of the market we remark lea sakiety to prase sales
than last week, and fewer fellers in number. The Canada
binks were out of the market to-day. The domestic ex-
change cot so good as on Saturday; Richmond la down to
90; Baltimore, 94 to 96; Pensylvenla, 971 to 98; Boston,

-
98 984. -
The Supreme Court of the State of New York on
the 19th ult. pronounced an important decision
which settled the legal question whether by the
mere fact of suspending cub payments the banks
have committed an act of insolvency. The following
is the substance of the judgment as set forth by
Judge Roosevelt, which has relieved the bank' from
very serious apprehensions about their liability to a
summary process of sequestration
LIVIMATON AOMT. INF BANG Of N.IW YOWL.

The plaintiff being, as he alleges, the owner of two
' circulation notes " of the Bank of New York, each of the
denomination of 100 dole., on the 13th of October presented
theta to the paying teller of the bank, demanding specie for
them, and was refused. He further alleges, on information
and belief, that the bank is insolvent, and therefore pays
that it may be dissolved, that It may be enjoined from
exercising any of its corporate functions, from collecting its
debts, from paying or traesferrieg its money and effects, end
that Its semis may be appropriated to pay Its liabilities "ac-
cording to law." The plaintiff, no doubt, is entitled to the rum
remedy, by the ordinary suit at law end judgment and ex-
ecution against the bank, ea against any other debtor.
What Occasion la there, then, for any extraordinary measures
beyond those already referred to, in favour of the meant
plaintiff or againet the present defendentse The bank, we
see told, is insolvent ; but how ip that shown ? The plaintiff's
" information and belief" la surety no evidence; especially
when in direct connsdiction to the regular official reports of
the bank, which, being made under oath, and published by
express direction of law, are, it is presumed, entitled to at
least as much weight, judicially, aa the unknown and nn-
worn informant of the plaintiff. We are left, then, to the
mere legal inference of insolvency, resulting from the suspen-
sion of specie payments by a bank of lame. Is such the m-
emory inference from suspension, no matter what the bank's
meta may amount to, in mese where suspension la generel,
and nearly universal, throughout the state and every other
section of the Union? It seems to me that it is not.
The statute of 1849,—which, being subsequent in
time, and especially directed to the cam of banks of
issue, and coveneg precisely the same ground, would
seem to supersede on these points the older enactments—this
saute provides that upon proof by the abortive return of an
execution, or by other mtidsetory evidence before it is re-
turned. that an execution for "any debt or liability exceeding
100 dollars" cannot be satisfied out of any property of the
bank thus sued, the judge "shall at once make en order de-
claring the insolvency of such corporation or asemiation ;" to
be followed, of course, by the appointment of a receiver to
wind up its business. Under another section, however, a
creditor, without waiting the first twenty days, or the sable-
quent sixty days, if his demand exceed 100 dollars, may, at
any time after ten days from the refinel of payment, apply
for on order enjoining the bank and declaring it insolvent;
and on such application, the judge, "if in his opinion, on the
frets presented, it be expedient, in order to prevent fraud or
injustice," qay grant an order for a temporary injunc-
tion. After which, on hearing of the parties on there
notice, he shall determine whether the bank be
"clearly solvent or otherwise." And even if he de-
termined it to be clearly solvent, he ie required
to continue the temporary injunction, if one have been
granted, until full payment of the debts and costa. But if he
determine that it is " not clearly solvent," he must not only
continue the injunction, but appoint a receiver. Reading
these provisions, can any one my that, by a tree intesprets-
tioll of the law of which they form a part, the ware sups-
aim of specie payment. of itself, and by itself, DOW the
question of insolvency ? If so, why ropurs tour one sec-
tion, the issuing of an execution and peel offshility to
satiety it; sod under another, first a daisy of at lout ten
days, and then a hearing on further noting, end ea examina-
tion of the "officers' books, papers ammo" ruts, and I
effects I" Banks of leans in this St'ate are the seatese• of
the law. The same law memos that while meommodaftiliff I
the public, they will yield an income to the stockholders;
and how is such income to be realised ankles they at,
allowed to been, not only their capital, but a portion at heel
of their deposit.; and that, too, not retureeble on dinnesd,
but on time f It women therefore, in the very cieganina-
tion of such institutions, that in ruse of a pane or sudden
rush, the bank*, although amply able and clearly solvent,
may not have specie enough on hand immediately to satisfy
all claims. Thence the set of 1849, imbed of authorising
a permanent injunction, upon a mere refusal to pay in wide,
expreeely mower. further ' proof satisfactory to a kudos of
the Supreme Court," that the demand of the plaintiff " can-
not be 'elided out of any property of the defendant," or
that after a full hearing of the parties, it shall appear, and
be so determined, that the institution is "not clearly
solvent." In the present cam, it is now admitted that the
bank has property not only sufficient, but in every respect
more than sufficient. to !satisfy all demand.. Within the mean-
ing of the statute therefore, it is " clearly solvent," and of
course not a subject for the extraordinary decree prayed for
in the complaint. For that swoon, as well as for the meson
that an " fraud or injustice" is alleged or pretended—
It is, in ray " opinion, on the facts preeented,," nut only not
"expedient," but, on the contrary, highly inexpedient,
to grant • " tern' wary Injunction," or an order to show
came why ouch an injunction should not be iseesed.
Banks of issue, where they are acting in good faith sad are
clearly advent, have a little time to breathe, after eispentelen,
although not very loog. On all except email demise they
must have twenty days, and, with the approbation of the
sheriff, may have sixtrmore. And as against all their or
ditors, except noel holders, If certala views ►of the constita•
Lion are correct, the legislature, should they desm the public
good to reclaim It, may extend the indulgence still farther.
On this point, however I express no opinion—ftwther then
to say that eny legislation to be valid must eseforni bet t,
the Federal Constitution, prohibiting all the Aim teas
passing any law " impairing the obligations ef sentleste."
sod secondly, to the state constitution prohibit" the
leers, whatever may be the true interpretation the It.-
bition, from passing any law "sanctioning in any mem;
directly or indirectly, We suspension of specie payments by
any pemon, corportes, or assocaation, Issuing bask at,.
of say doecription:
Injunction denied. The court also staled that plaintiff
wished to withdrew the suit.
With regard to the Nlassachasetta law, the Bartow
Journal says:
It may not be generally known that 24 per rent. interest
accrues to the holder of every bank bill oil which 'peels pay •
meat Is refused. See, 29, chap. 36, of the Neeseelawelta

Revised Statutes, which is din in fine, reeds se follow,.
If the officers of any beak shall refuse or delay
_payment,
be gold or silver gamey. of any note at bin of such beak,pre-
sented for peymemt in their usual bows of business, the said
bank shall be liable to pay to the bolder of such note or bill
as damages, at the rate of 24 per oent. a year, for the time
during which such payment shall be delayed or refused."
Boston, Oct. 19.
The Trareseripl this afternoon announced the following
ro.-ent failures Meson. W. Greenough and Co., hardware
deal;rs • J. M. Holden, furniture dealer; George Formaith,
chair tialmfactureri Keith end Thornton, clothbg dealers ;
J. W. Carter and Co. pears ; sad W. P. B. Brooks,
fumtture dealer. We have no change worthy of notice to
report in money matters to-day.
Philadelphia, Oct. 19.
Mr. Allibone, president of the Pemsylvania Bank, has
nnigned race
of ill health, and MI realea.thin ban
been eoceptet. Joseph lonia, Eel, ban been meted re.
trident ante Commensal Bank, to all thev.C.EC7 Mused by
the resignation of W. Wainwright. Two prominent dry
ilking-houses sumpendedto-day, one of them being
and co,, the heaviest in the dry. Their insets 1110
New Orleans, Oct. 17.
E in the monetary line is more cheerful The
Beak o New Orleaon fe paying some nee* sad will resume
entirely next week. Idioms. Oskey and Hawkins will re-
sume on 'Monday. Mew 4. J. A. Doherty and Co., dealers
is western produce, suspend. ed Yiattoda7.
St. Louis, Oct. 19.
MOMS. Teeeon and Den* bombe' of this city, dolled
their doors this morning. Onto weakly bank statement shows
a reduction of fifty per oesX in max The circulation and
deposits of the State Bank have decreased nearly bavanq
per cent., and the decrease cd e do bill been in • OM
greater ratio.
Chicago was on the morning of the 19th visited
by the most destructive confiattration that ever
visited that city—the total lees i 'y which is esti-
mated at 600,000 dollars. Four per. sons are known
to have been killed by falling walls, and fears are
entertained for the safety of other, wh o are missing.
The origin of the fire is unknown.
The treaty recently concluded by Commissioner
Drover with the Pawnee Indians secs ref; to, the
United States ten or twelve millions of ace. es of Lena-
These Indians not only pledge themselves to remain.„
at pewee with the United States, but that t hey wrn
use their influence with the neighbouring lines to
the same end.
The returns of the election in Kenos an g, 'ill in-
complete, and the character of the newlyik 'ected
legislature is involved in doubt. Advice. from I
rence to the 10th claim a Free-State mejceity i 1 loth
branches, but it is added that in many precincts the
judges are throwing out votes upon the grcrand of
alleged informality, and that they are very likely
this way to secure a pro-slavery majority. A Matta,
from Quindaro give" the Free-State men nine and.
the others four of the councilmen, and says the
House of Representatives will contain 22 Freo-Stst•
men and 13 pro-elarery men, with four districts to
hear from. Piurott's majority as delegate is over
6,000. In view of this result, the Chicago Timm,
which is regarded as the Special organ of Senator
Douglas, amens that Kansas must be a free state,
and that the sooner the evident wish of the people is
allowed to prevail in this matter the better.
The steamboat Tropic bas been sunk in the river
Missouri, near Waverley, and eight or nine lives
were lost.
Information has been received from the South
that Walker's Expeditions—one to leave New
Orleans and the other Galveston—have been de-
layed, in consequence of financial pressure, until the
Ist of November. They do not expect to meet with
serious, if any, opposition from the federal officers.
They propose to land at some point in Costa Rica
on the Atlantic coast, and then march on San Jose,
the capital of that Republic, which they expect to
reach in two days. Their calculation is that when
they rapine it, the whole country will be within
Con. The aggregate of the filibuster forces is
nerBoo to 2,000 men.