The Express.
London, England, 1861-04-12 00:00:00

THE AUSTRIAN DIET.

The following is the text of the address to the
Emperor of Austria, proposed in the Diet of Lower
Austria : . . .

Sire,—At the solemn moment at which the Archduchy
of Austria above the Eons meets, by order of year Majesty,
it feels the necessity of expressiog to your Majesty its pa.
titude for having begun to act on constitutional principles.
May those principles, inaugurated by the constitutional
law of the 2Gth of February of tho present year, be deve-
loped, and result in the completion of the edifice of a OM.
stetational empire. Is expressing this sentiment, the Did
is absorbed by the idea of an Austria great, free, and
strong ; and it is profoundly convinced that the basis of
each au edifice is the unity of the monarchy coo-
glued is the law relative to the representation of
the empire. May constitutional unity, which offers to
all the provinces of the Empires degree of independence
sufficient to satisfy their wants mid their legitimate wishes,
be and remain a truth both in fact and in words l HoOng
with confidence that this wish will be realised, the Dig
gives to your Majesty an assurance of its fidelity and of It.
immovable devotedness.

The following is the text of the opening address
delivered in the Diet of Lower Austria on the 6th
by the Governor of the province, Baron de
Halbhubex :
August Assembly of the Dist,—His Apoetolie Majesty, by
a decree of the 31st March hurt, has deigned to appAit
Prince Joseph de Colloredo-Manifold to the office of Pro-
vfaoisl
Marshal of the Archduchy of Austria, and the Vice-
President of the Government, Baron Joseph de Balchlberg,
for his representative in the presidentship of the Diet. I
have the honour, therefore, to introduce into the Diet, and
to present to the august assembly, his Excellency the Pro-
vincial Marshal of the Archduchy of Austria and his de-
puty in the Diet, and I pray those two dignitaries to ac-
cept my felicitations on the eminent and important position
to which they have been called by the 000fidenoe and kind-
ness of the monarch. Let me also be permitted to offer to
the high trembly of the Diet my warmest felicitations on
this remarkable occasion, when, obeying the gracious
intentions of our Emperor and master, it enters,
for the first time, on the course of constitutional
life, and finds itself on the point of undertaking a
mission so important, and so intimately connected with the
"enteral interest,. Great and just hopes are attached to
this mission, but it also involves important duties and a re-
sponsibility, the weight of which is further increased by the
profound complications of the present epoch. It is with
good mason that the Archduchy of Austria is considered as
the heart of our great empire. That heart hex ever beatto
vigorously for whatever is great, noble, and beautiful, for
the prosperity, power, and, honour of the monarchy, for the
glory of our legitimate sovereign family. That heart has
not spared its blood when called upon to show its fidelity to
the prince and country. The population of Southern
Austria, animated with these sentiment., trustfully ex-
pect. that the men it has chosen with confidence for its re-
presentatives will be, in all circumstances, the faithful and
sirloin interpreters of these loyal sentimeota, and will reso-
lutely and energetically defend the just rights of all Austria
and of its dynasty, and assuredly the country will not he
disappointed in its firm confidence. May the bkming of the
Almighty descend on the labour,' of this high Assembly,
and snore beneficial results to its patriotic efforts. As the
representative of the government, I have farther to give
'the assurance that its organs will consider it as a sacred
duty and feel it an honour to promote, with their mint
earnest efforts, the object of this high national Assembly,
which object, moreover, is also that of the government.

ARRIVAL OF THE EARL OF ELGIN.

—•--
DOVER, TIIIMIDAT Evmmo.

To-day the citizens of Dover have been on the
qui rire, owing to the safe arrival en his native shores of his
Excellency the Earl of Elgin and Kincardine, her Majesty's
plenipotentiary in the recent toeceasful operations in China.
On getting to the Lord Warden Hotel, the noble earl,
whose bronzed countenance exhibited much gratification at
the warmth sod cordiality of his reception, proceeded to
the coffee-room, followed by the Mayor and corporation,
when an address was emphatically read by the Town Clerk,
Mr. E. Knocker.

Lord ELGIN, in reply, said—Mr. Mayor and gentlemen of
the corporation, I am truly sensible of the very great honour
you do me by coming forward in this manner, on belied( of the
ancient town sod port of Dover, to welcome me on my return
home after an absence—an anxious and protracted period
of *became—from England ; and allow me to say that I feel
still more gratified at the assurance contained in this ad-
dims, that my conduct has been such as to satisfy you that,
while I was engtged in the service of the crown in a distant
part of the world, I was not unmindful of that noble ox.
►ortatioo, " England expecte that every man will do his
duty," by which so often, in critical moments and in times
of difficulty, the best and bravest of our countrymen
have been encouraged to deeds of heroism and public
virtue. (Applause.) The way to Pekin was opened
up to us on this occasion by the valour of our troop.,
acting in coejunction with those of France, and ably
supported by the fleet ; for, as au impartial witness of
the services rendered by both branches of our force,
I feel bound in justice to state—and I gladly avail
myself of this, the first opportunity of meeting a body
of my countrymen to make the avowal—that although the
services of the army naturally attracted a greater measure
of public attention, these of the navy were not inferior,

whether as respects the gallantry displayed by the actors or
the importance of the results achieved. The two services,
or rather both branches of our service, vied with each other
in devotion and teal for their country. (Hear, hear.) Gen.
dome°, after the groat achievement of an advance on Pekin
—an achievement which will occupy, I venture to say, •
conspicuous place in the history of the world—(applause)—
after that achievement was accomplished, it became the
ditty and office of diplomacy to endeavour to tarn to good
account the advantages it was calculated to ensure;
in the first place to punish with necessary severity deeds of
bad faith and cruelty, but above all to remember that we
did not go there for the purpose of making conquests, but
in order to establish relations of amity and mutual benefit
between our own country and the most populous nation on
the earth—a nation containing 400,000,000 of souls, who,
no doubt, still labour under the disadvantages and exhibit
the defects which ignorance of the world and isolation en-
gender both in individuals and society—{hear, hear)—but
who, nevertheless, are a people eminently industrious,
peaceable, intelligent, and commercial, and who are there.
fore calculated, when the shackles and trammels
which impede the true exercise of their natural
energies shall have been shaken off, to contribute
largely, both as producers and consumers, to the sum
of human prosperity and mutual well-being. (Cheers.)
The object I have had in view in the provisions of both
the treaty of Tien-tain and the treaty of Pekin ltu been
to lay the foundation of permanent peace and good under-
standing with the empire of China ; but it meta with her
Majesty's representative I have left in that country to com-
plete that important work. He will have great difficulties
to contend with, because the habits of prepossession and
prejudice in an Oriental people are not to be removed in •
' day ; but lam satisfied be merits your confidence, and I
trust he will receive from the people of this country a large
share of that indulgence and confidence so liberally be-
stowed on myself, which your reception of me
to-day so significantly and gracefully manifests.
(Applause.) I wish to add that I feel espeeialy
gratified and flattered by the attendance of the
volunteers on this occasion. I wish it were in my-
power to express to them individually my feelings ; but I
trust that his worship the mayor, or some other gentleman,
will supply what lam unable to do personally. [Captain
Churchward, the commanding officer of the Bth Cinque
Ports Rifles, was here called forward and presented to his
lordship, who continued as follows I wish to say to theme
and to the volunteers generally, that it was a great consola-
tion to us, while defendiog and maintaining the interests of
our country in remote regions of the earth, to know that
thousands of gallant men were enrolling themselves here, to
protect the homes of England from injury and insult should
occasion for their services arise. (Great applause.)
The Earl and Lady Elgin left for Loudon by the 3.45 mail
train, being accompanied to the railway station by the mayor
and corporation, and lustily cheered by a crowd which nearly
filled the platform.

THE CASE OF LORD KINGSTON.
(THLB DAY.)

On the re-assembling of the court this morning,

Mr. Dishy Seymour stated that he bed seen Dr. Sey-
mour, the physician alluded to yesterday, and Dr. Seymour
had arranged to sae the noble lord this morning at
10 o'clock.

Mr. Montagu Chambers handed in a letter, addreased
this morning by Lord Kingston to the Master, to the fol-
lowing effect :
" I address you, having seen in the Morning Post gross
calumnies circulated against my character. I must request
you to insert my letter in the Evening Star, the Times, or
Morning Poet tomorrow, as it may do me injury to allow
your calumnies to be inserted in the papers."
Mr. P. Thompson suggested that a decision in the case
might be facilitated if the Master with one of the counsel
on either side should have an interview with Lord Kingston,
and pat to his lordship a series of questions, amongst which
he would propose to ask, " Why do you desire a jury!" and
"Do you think the proprietor of the hotel at Chester •
respectable person?"
The Master did not think the first question would be
appropriate, Lord Kingstsion having expressed no desire to
have a jury, but, on the contrary, having distinctly stated
that he had no such wish.

Mr. M. Chambers could not see the object of the other
question, for an answer in the affirmative would be in itself
a proof at lunacy, the earl having before constantly main-
tained a contrary opinion.
Mr. Digby Seymour then left the court for the purpose of
hearing Dr. Seymour's report of his interview with Lod
Kingston, and upon his return announced that after grave
and anxious consideration he had decided upon a course which
would relieve the court from farther trouble in the cue.
He asked yesterday for an adjournment with the object of
sending a telegram to Ireland, sad of endeavouring to
ascertain for his own satisfaction—both by seeing Lord
Kingston, and consulting a physician, whose impartial
judgment might guide him in the very delicate and pain-
ful position in which he was placed—what course he
should adopt. Dr. Seymour had seen Lord Kingston, and
the result which he wished to communicate to the
court was that, although he was not prepared to say,
but rather the contrary, that the delusions operating in the
noble lord's mind were not followed by lucid intervals, upon
the whole he considered him of unsound mind. That being
so his duty to the noble lord would not permit him to sub-
ject him further to the excitement which these proceedings
produced. every moment of which exaggerated the malady
under which the noble lord was suffering. In withdrawing,
however, from the petition, he ventured again to state that
he came to the court prepared to meet the ease as deve-
loped in affidavits filed in Chancery, and was taken com-
pletely by surprise by the evidence of insanity brought
down to the present time. He had an power to meet the
evidence in support of the petition, with the strong opinion
expressed by the Master 1 self as to the result of
the interview he had had with Lord Kingstoe, and
acknowledging the fairness and even generosity with which
the case had been conducted on the other side, and thank-
ing the Master for hi, forbearance and indulgence during
the proceedings, he had no other course left but to retire
from the case, merely expre.sing his hope that the noble
lord, in the heavy affiiction hod visited him in his old
age, would 'melee from hi. family that kindness old sym-
pathy which he was sure the court would desire to see ex-
tended to him.

.....
Mr. IL Chambers expressed his gratification at the comae
which his learned friend had adopted, which would nave the
family of the noble lonl from further pain on account of
these proceedings, and he joined in the trait that his lord-
ship would be restored to associations which hi. mental in-
capacity hail separated him from, and again merit the testi-
mony that had been borne by all him friends to his former
high sense of honour and strict gentlemanly bearing.
The Master said his duty now became a very plain lint
melancholy one. Whatever speculative or theoretics! di&
culties might exist as to divining what wan implied by the
terms of unsound mind, these eases resolved themselves
into questions of a pre-eminently practical ohmmeter. The
question to be decided clearly was ran the person any longer
be intrusted with free action without danger to himself, and
whether that degree of mental disorder existed was a matter
of evidence below judicial action could be Wien for the
purpose of protection for the asfortinutte individual against
himself and other. who might be disposed to take advan-
tage of the grievous condition to which he had been reduced.
end protection to third parties—to the public—against
dangerous acts which he could not resist committing, and
for which he was not legally responsible. That was the whole
question. Had they satisfactory evidence twinging the ears
up to this line? if an, from that moment the law stepoed
in for the protection both of the lunatic and the public.
He was of opinion—and he thought everyone who bad
been in the court duriug the proceedings in this case. and
the public, before whom the proceedings had been truly
and accurately brought front day to day, must be
of opinion also—that that line had been reached. and
even far aurpaased. He begged to acknowledge
publicly the great obligation. he was under, and the very
painful and heavy responsibility he had felt in discharging
the twofold duties of judge and jury in this very delicate
matter, to the learned counsel on beith sides, for the temper
and discretion they had displayed, and also for the sincerity
and frankness with which the case had been rooducteL
He thought the noble lord lad been represented
a moat becoming manner by the counsel ; the
ends of public justice had in hi. opinion been attained, and
there was nothing left for him to do but to prononoos
" Robert Henry Earl of Kingston. of Mitchelatown Castle
of Mitchebutown, in the county of Cork, to be a person of
'manned mind, not competent for the control of himself.
his lands, hereditament:. or possessions."
The inquiry was then declared to be closed.

Sovrw }Crew :Toe Mussrm.—A parliamentary
return issued this morning gives the number of visitors A
this museum, from the 22nd of June, 1837, to Dec. 31,
1860, at 1.810,610. The average per Monday evenings is
2,289.
TERMINATION OF THE STEIKE AT BINGLET.-•••
Through the kind interposition of several influential Gentle
men in Bingley, chief among whom were the Her. J.
Cheadle. the Moor, Mr. T. A. Leyoock (tnanufacturer), Ad
Mr. A. Harris, Jun. (banker). the strike, which has existed
for sir weeks at Binglev, has been brought to a close 4.5
mutual concession on die part of the workpeople and their
employ. rs, Mr. William Anderton and Mr. Matthew Pint".
The five hundred workpeople, are=gy, returned to Chi's
employment at one o'clock on We

LAW INTELLIGENCE.

(THIS DAT.)

COURT OF BANKRUPTCY.
(Hann. Xr. Ceeeetheiueer Hotreyd.)
,r Rii,F IL ACr 111•Patrrncr OF • MEW HAN r.
.• as applicatio• fur certified, by Theuue
t4r.l wader the Arm of Ryder :old Cu.. Yr ugezclutut,
N. I'd, Leedeoball-etreet.

11 • Italey, instructed by Mr. Flux. appeared for the
Mr. Michael repre.euted ersalitml,
v Stinker, of l'ulenow.strint, supported the Wok.
•
lbjley said this was a ease remarkable in it. feature. ;
showing the facilitk• with which people in
. • untry could übt:in credit, even where the antecedents
were such as to extinguiah all confidence
Thin WAS not the drat or 'wood insolvency ; there
oi-emithe of failures, and Mr. Ryder seemed to have
of hawk mail on the commercial community.
• that in 1a47, when the bankrupt was in partner-
.• estate was annual up under inspection. and a diri•
• 2.. •1.1. in the pound IK,I he compotualed
• reditor. h, the payment of 2.. in the pound, mad
••• •.o henkrupt. itg:on lea) log only 2%. in the potto4l,
rontiAstuuer then tvnAiklered the bankrupt wee not
.i to his certilkAte, but on appeal that decision was
• ...1. anal the eertiocate sumpermied for two years only,
uu incalculable injury on the crediton. There was
,n normou. amount of liabilities, and only 2701. had
wed be the olhei.ll misignees. The bankrupt's
1111810.141 was to porehase good. in this
• ,;a thorn to India. Ile hail resorted to the r:aliZ
.r...oest trek of altering the invoicem he received with
•Is, sad afterward. obtaining solvatoe. upon
• • . • As had been kept this fictitious and fraudulent
• l'p to the very t the lonkrupt went ou es if he
• • ID a position to pay, and them pawning the goods- for
... in
ISOM oer lees thee pawning. The .rupt*s
....log in shame Ind stocks was mach discussed under
former bankruptcy, and :although be eurroneseed
.out any capital he hail engaged is a must dangerous
-ilatios speculating in mining shares. There was •
• •ti •lotn.• :,.:..2,. In tyro yews and a half the psi.-
..1 espi editor.. had la en %PAM_ or at the rate of ilUtt/.
.01 ins oue Ao•ootbt 1.. be eapended by a Irian who
bad not two o a crud of bread but at the tiptoes of
. mad who Is 1...4 i i•soleesey. The bankrupt,
14e••• at A prtatioo for amingemest, kept his creditors
alto' I. ugth foe a nisi/le/able tiots—all the adjourn.
ot. h... 1 Lean at the bankrupt's own instance with one
ptioe„ ao.I be eoukl out tlaerefore take credit for the
.re months he had bees lalore the court. The bankrupt
al., dealt a to-enurnoilation bills—aa the first lees
..ol bun in pottery insolvency it was dishonest
ho part to incur freak liabilities. If the
.krupt receivoil los certaticate at the bawls of this NM"
•••41.1 b•• tantamount to caring, " ae.l sin again," and
Makeups would have to dealt with again by AU or
r inboard.

st..pher observed that the rwerowrios for two ran
ib. 1..r.1e Jests,. seder the fanner baukreptcy ems
tr do, .lAM .4 the petits:es. There lad bees aa actual
pt made es the trading of 5,1511., which wee rely
•...hilr exceeded by the releases together. 71to Osobrupt
fella*, fur twylig rode seder the market prior, sad
Lel esly altered the invoices to the prices ci the day.
t 1 r.tterhay—With aseresmile goods that was a MIMS
tint 11.1.4116

1:17e i'unesainaieeer--It &ppm, that the bankrupt par-
-6 1 to the ageoust of :Auld., sail obtained ad.
111,...11 to wittua MU/. of that amount. The ordinary
ssa sat in Weasel, more than two-thirds of the vales,
I.t tatikrept obtained more by iscreasieg the invoice&
tttopiev said there mu so easlesce d ibis, ad al
• him'. The bankrupt ebi.tr de.dt is iron, speltrr, tiny
anal ropper—articlee well kaolin is the market ; so that it
...61 be impossible to perpetrate any fraud. Mach Was
Sr dame the facility for settiss into debt, lett the system
• eecouraged by the credilars, sail se mull could I:e mid
•.se mad., aa the other.

The Comenimiomir add the case must be cesehlered es
re et a redden character, dealing in soccannedaticia boils
sad egmulatioesa, if ad desperate, at least of a very unser-
cosearacter meseulding is arming shares. Tbe
met art teke motile of the previous failures of the beaks
rem —even on the last occasion they were adverted to by
Leeds Justices. The bankrupt, after the last failure,
reearameared larsinme without spina, sod the charge was
Ina be had obtained adessoss ea invoices, which he beil
slurred to make it appose that the goods cost much mate
tLo they really did. It was trim se stated by Mt.
that there was ao gelds's.= of this,
44 the we was me of mere enspidat.
It e solved itself into ems of reads= ad haprovident
trebeg, mei to some eiteat deal* in mernamodatio• hat
It .10 appear extrarabiary that • mss who had only Nat
rayin,.: his creditor.' but la I. theponad, could evil
ii•toia mold to the amount of 50,0110 f. or 60,0001. Ile
me sot, however, now to judge of the conduct of the per-
m who chose to give that credit, but the retro who ali-
bied it, having no means to my, incept by raising
denier. It was mid ths boaknad had purchased
kr ady mooey_ lie supposed by that he bought with art.
name ou a previous purchase, tbus speculating with other
m4'. money and imbjectiog them cc well as himself to
mo . This could only be called a fraudulent system of
meting. Then, ham.: no capital, he had lived at the rate
el gent *kV. a year. the looses end ripeness more
Ens swallowing up the proem Perhaps the mos
estate mune would be to crime the certificate
dirtiest, hat haw* wiped to lew the question of testi-
mks was viewed skew he would out do that, but
it for as beg • period as this court was in the
Llst of eardicatea. The Lords Justices before
emeaded It for two years, it would now be for three
year. from the data of the petition; it was thee
posed of tbe secood, it would now be of the
Old dam. lie could not my that it was a ease of
mireidable km or misfortune, the failure having arises
bee er seektiote sad the desperate nature of the trading.
lbelamisapt wield be without protection for four months.
Cps the embosttoo of Mr. Stopher protection was
:rutted foeU elm to enable the bankrupt to 'Appeal, and
the oulausioe edema to date from the filing of the politica
srungetnent.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD COURT.
(Before Mr. Jostice Williams.)
T ~,,,II doeti,r. a respectable•looking man, surrendered
to tate his trial for mieleineseour, iu haring unlawfully
snit for sale to Newgete-market a quantity of dimmed MIA
iii medlar meat that was good and fit for 'human food.
Ir. Shish cuuderns.l the prosecution ; Mr. Cooper was
ors' Oar Me dafradaat.
rids vat • pressentiou instituted by the direction of the
el Loudon, and it appeared that on the 16th
Ildeltrialary Law quarters of cow beef were seat from
MIMI% eared to Mr. Creator's, a meat salesman
la Nawydwarrww. 'f ti. meet was conveyed in a hamper,
med
spass Mr. Creator's opening it, he et ones mw
611 had 6.W.uzsd to • dimmed animal, mid he
ef adieu to the inspector of the market. Mr.
mar. mad he seised the meet, arid it was ordered to be
trrino hamper of matt appeared to bare ham emit
llehis b 7 the defeu.Luit, and upon his being quark
11084 be admitted that he had killed and skimped the
rid to which the meat beloeged, but said that he had
44.411.,
been eniricya by l a perm° named Peck to dram the
tail that be sent the meat to London by that per-
"ell and ho had nuthiog more to do with lb'
anaaisha.

- tam cm the part of the defentlaat was that he hod
It *rug as the avert of Mr. Peek. the "wirer of
•nmwl, sad wit...sees were also called with
to show that the animel was not .litiatoil
urns it WY slaughtered, awl that all tlmt we* the
watt it was that it wee suffering from • broken rib
..mg met with no accident upon the railway.
lry found the ilefewlast r:ntity. hut ttromay menm-
-I him to merry, on t►e grated that he was alertly a
the halals of Peek. who they thought ought oho to
.*an is the dirk.

were was poolpeted.
rat I'..rrot lta,he. use of the late nlrtnters of the
(leatatna council. pleaded guilty to no helieteest,
Sim with esuheashug and steedatig teu tor of Map.
••nue wee deferred.
were thirteen other indi,tments of the MN AIM
• p.ixist the priooner.

TIIE POLICE COURTS.
(THIS DAY.)

OCILDFIALL.
3%, Ds ox rogswx x.•rsrs ST ♦ pamsEit rs TWI

1411:EN. 11,..11r11.
r • Shie.rt. wimpy* her address, 12. St. Andrew's.
`othwarit, sal /,',/rwrd Scurry, a primmer to the
• Lech. were leoin;ht up on remised helot Sir F. G.
.1. • . ri.,r4el with conspiring:. with others not in custody,
..sody from various inerehants es the Coatings&
• ...loses given on Vie two former tmeasions dierlogied
ssi. a •hich the prnoner. undo, the Name Si "Chao,
the stl.hrvr given by the female primmer_
•de.l in.lii..ing M. of to fermi
era strew her, value r. P. Tore
' f Niov, in Feeney, to seed CO 'trim hats
• -.air dew-riot...a. vales IVY. The femak
s •ar apprehended while taking the former
VI •Is all.ty fret the realer'. alike
•ciatr, yeti the KT...els' sae thua fortutately
. sod Baker, the two rat ern who have been aetsvely
to lonise up the case . • 1.01 the more valuable lot cr, fell into the heads of "ewers. who soil them to
`hoe. Nyeedistreet. foe LV., I.v when, they were
hoolti to Mr. I;•todreff, of St. Paurs-chureb•
=V. ; the manufacturer's trade valne, or tint tint,
SM•
lest,. appeared for the prostration in the two CMOS
'WW2,* attended to prosecute in ase.ther rase no he-
Mr. bermtein, lianil.org.
,defended slygery : and Mr. Waren. the
• dispense of Stublo's Trade Prntection