The Express.
London, England, 1850-01-30 00:00:00

NAVAL

ADVRAVIT, JAW. 29 —Lientenaat William Wooleock
to be a retired commander, under the regu'ation of 800.
APPODlllMlll.—Llentonant Charles Goldsmith, to com-
mand the Wellington revenue cruiser ; Lieutenant A. N. B.
Carter, to command Wickham revenue cruiser ; Lieutenant
W. L Lambert, to be chief officer of °oast guard.
POITSMOUTI, JAN. 29.—The Hecate steam sloop, Com-
mander &indwell, arrived this mousing from Bermuda. The
auteavvessel proceeds t•-day with supernume-
raries, and Kr. Grant, late secretary to Commodore Bir T.
Herbert, fee Devosport.

MILITARY.
(Ft= last alike. Gamete.)
MICR or ORDNANCE, JAN. U.
Royal Resiatest of Antltsey.—Res. lam. the Hos. ',O. V. A. Rua
to be Int Rash. Tim austehas% reeved.

FILKIROLD LUID MOVENEWL—A crowded
and andmilesde suedes was Mid In doe thsens, Preston,
is aloft evssialka%•:estio= et eessiving • de-
putes. km the Lad Society, aad
earmtirebing • base& nemisties. Amenpt the indoestial
illesale on the *deem was Sir Gees. Strieldaad, Bart.,
ass ef the npreemeitime Oar the beneuels.-7Mr.
((der) wee alled Win Was, end boldly explained
die .*m of the meatus-Kr. J.Tayiw (me M the deputa-
tion) then mimed tato • leas sad bateriatiag exposition of
thIP se& tad MU NI of the Sirwindhaa Freehold Land
=The mating was also addressed by Sir George
who expressed the most Marty approbation of
Ws freehold land movermat. B.esolatioss fee the ISMS.
Male nomad= of • Breach Freehold Lead Seder/ were
Ohm submitted to the inesting, and tarried bp acclamation.
The proesediap terminated with • vote of thaalu to the
Waimea.

THE BIICIINGHAM PROTECTIONISTS Lad a misting
yesterday in their Town-ball, fir the purpose of discussing •
dialler and deisosuclag free Wade. Moral opposites of the
usual character were made' but the skin enables of the
sweaty seat apologetic letter. and resonstemi away. The
Duke of Bucleingbaln'il mennanicatios held oat a b that
be 'night attend the nest madam aad Mr. Dirwlt wrote
as follows: "Linda, January 28 1860.-10 is bapossible
for no to be at Buckingham tomariew to nest say maim-
ear, Mt my heart is with them sad I us early iletained hen
I
by mamas for their welfare. have note Mae to write
a formal non to irons' my repots, I trait to our
Madness to soaWinleats nem. It will always give me
donee gratification to cooperate with my Lard Candoe."
A letter from Mr. Du Pei aompinned of the misname of the
nano, bat at the same time expressed Ms nest union
desire to op-operate with that most erselleal asblemea Lord
Chandra.
A CLERGYMAN 1111IIIIING TO 017ICIATE AT THE
Brew. or A WIIIILSTAX.—The wife of Mt. G. Xnaturd,
an lababitan of Xesoestoa. sad many years • member of
the Keeler. Sosiely. died about a fortnight ago. Mr.
Manford sad his Ina* • vault prepared at their
repose I. the punk doge*of Menet ton, application was
Male Milk leisearis is tha Wakes.% of atm Hanford.
AeeWae.alllsrp, the roster, distinctly refused to have the
bell tolled ea the mossiat of her death, or to read the huge-
rel eervlsaall her Warmest. 11* would allow the wpm to
be placed la the wale, bat would not read the NOW 01 Me
ohms& of arsaissA sad intimated that dense nose Ohm
oom' bo mpg. The grand of Ms rolusal, be nand Is
Mt MK Ms iisessaud, mr3eaumeaber of his shank la
Ilk bad is right to the re service of his Mara in
death. The day et the baying arrivwl it was fully
led_stirtistioniakterstellnalioudiyaolas tite feeseing hi
for
a-
of
of burial for me
=tithe Wedgy= Bonet, sata senagregation.—C/witm-
lienn

ILab) ilittelligencto.
_Rcip...ummooyscaußc.A.TEL—TiNTELDA.
~....T

Tali Ktm OF Tlllll Two Ihearas v. TwwOssorri•
Br um NAVIGATIOX CONTAXT.—D11117:1•111 TO • BEI/
MAD DT TKO PLowern TO 0111• IX mu Barmy ev
• Coition =TN= Imo IT en trevarixo Go.

The MUM this WO WOO fily old toe robriar
Barem, and she the demurer M Mears. Whop add
Needy Ist weed ief Reeder spike woos of gessies.
Mr. Reit sad Mr. (*no waxed la tappet of gee ig►
rawrid, owl esaltaded Met this sent Paid set latedere ea
beheld Me Pak* the lin of theTisoMellir.
Itis M Attila the beaslit of s malseeeeelned Welty As
d the_ ewilliiMod, 1* lad aseaped kis power. Tile
hy Ids 11111iskiptlied a dela ts the Pip pilot AP
Deploy, beeps* it had boa parthesed by spats el the
usurping geverasseat, with nosey takes froze the patois
tresary. The plaintiff had met, however, =We oat that he
was entitled Is this mosey by the law of licliy. The dos
was sae of two isesteadiag powers. The um*g peep-
meat had been. in power he shout twelve numbs, sallied
Merino that time bosom possented of property in the seam
el the wiz. sad We °sort bid as power to moist the
spa his retastateseset Is power, to obtain whet had bees
poessined by the Porgies poseessat sad ieressed in this
ceitalry. The only book I. which say dl iest satherity
applied twig upon this sees was " Vetter. low of
Nations." lalnistes translative, pep 423, there slipup'
the following pomp " Whoa a party is found In a stair.
who no loops obey the sovereign. and are possessed
of saMslott Month to oppose his., or what la
a meld* the Plies is dirided into two tipper
site fatties% nod both sides take up saes,
this is celled a civil du. Bowe writers sondes this Inns
to a Jut issarrestion of thesaidosts against their se
to &Ward* that Mwesi sedesuice trm rebellion=
is sa open tad sub* resishoes." " Castries appropriates
the tares" otv4. war" to every war hawses the amber, of
one sad the am Rethink misty. If it be between prt
of the shims ea the Ps side. sad the .o n, with Pop
who polkas in °Wisps le Mat no the orlee—provided
the sederalsots lave say Tema forteklag u eras, ao-
thing further is required to Wide, such die to the
von
.of olv4 war, Pd."! that of rebellioe.7. The

anwelign, tedesi
elf him , WM to Weal the appalled= ei
task as *klub was se_ resist hia i but
when the burr have esqulred suiet strength to glee
hies effaces.' oppenelos, mad to oblige him to esery es the
war *pie* them, awarding to lite established rain, he
WOW hmemenrily =Mill le **Wm civil war." Ifi=
Is Ow the nation Wee iedet parties, who
mesh ether as ..smile, mei edge so comsat judge.
Them two jrnitill, ffierlderee mud geosearily be eon-
eider= as Wesseffineemesenstitating two se; ante bodies."
" They steed la peeehely the same predicament as two
lotions who Is ft etmeest, and, beteg unable to some
to an agreesesS,here MMUS to arms." Thus then, it
was sliest that the revelation in Sicily was a aviewar, and
the contending parties ware to be looked upon in the same
Wet as two misladieg nations. Then, in the 426th pegs
of 4 Vaal," them seenned the following =cage :—" As to
the other alb= wed= the law of nations audbuted to
public war, ass chap. xxii. of this book. and particularly the
acquisitioe of things taken in war—subjects who take up
arms against their sovereign, without demising to acksow-
-1 ledge him, cannot lay claim to the benefit of those effects.
The booty slow, the moveable property carried off by the
! enemy, is considered as lost to the owners; bat this
is only en wowed of the difficulty of reeognia-
ing it, and the numberless inconveniences which
would arise from the attempt to recover it;
but when a nation becomes divided into two parties, &boo-
lately indepeadeat, and so longer acknowledging a common
superior, the stares dissolved, and the war between the two
parties steeds on the same ground in every respect as a
public war between two different nations.' It was well
known that this country was not in alliance with the King
of the Twe Sillies. There were two contending powers, and
both parties stood in possermon of being at war with each
other. One had established a government de facto. ; this go-
memo= did not interfere between the two, and both stood
upon the same grounds as I. a public war between two
nations. Theo who bad the right to the property taken
by the de lace; governmeat ? The property was placed
in this ease out of the King's power, it was hostilely seised.
This country reeognieed them as two contending powers. and
yet the plaintiff asked a tribunal of this country to give him
what was thus hostilely seized. Vattel said, at page 395,
that the property in moveable effects vested in the enemy the
moment they came within hie power; that was the case
during the war. Then the enemy removed the property and
became perused of it. Suppose the plaintiff bad alleged by
his bill that the enemy had been driven out of the country
except as to one spot, perhaps a barren rock, surely the time
would not then have arrived for the court to return the pro-
perty to the plaintiff. The court could not return to one
party what the other party had not the complete pow,, of
taking. By what right, then, could the plaintiff get back
the property now that the war wu at an end ?
There could be no appeal to nations to decide to whom the
property belonged which was taken during the war. To
take away from a conquered enemy what he bad taken
would be a notion that never entered into the mind of any
writer. The enemy established • right to certain property,
and brought it into this country, and than the plaintiff came
to demand it. Here the parties had put themselves into •
hostile position, and they were to be treated as two contend-
ing powers while the war was actually going on. It could
never he contended that while the war continued the king
could have come to this country for the property taken from
the public treasury. This country treated both parties in-
differently. Then came the question whether the property
could be recovered after the war. Suppose the pre-
sent republican government of France were to plow
funds in this oeuntry for fear of being dri-
ven out of France and then suppose the last
dynasty were restored, Would it be consistent with the law
of nations that this country should restore the mosey so
deposited to the restored dynasty ? But if the law of
nations were different, then the king would only have to
:a47Litsto the powers of the British government and ask for
from it. It might be • subject of appeal from one
t to another, and ea arrangement might be made
government to another, and an arrangement might be made
by parliament; but there was no contract which this court
tenet enforce. The Admiralty Court cf this country could
have no power to administer the law upon this subject with-
out bobs delegated by the government. Nei: her could this
wort deal with it, except by being delegated by the
govenimitst. How could this court say that the war
had terminated ? it might only be smothered. It
would be for the government to decide that. On
the question of jurisdiction there lad been this question
raises : whether • foreign government had a right to sae at
all; but these were subjects not tit for • municipal juris-
diction. The next point was as to the demurrer for want of
parties. The pi/atilt said that Mesas. Wilcox and Moody
were mere trustees, but trustees for whom ? For the plain-
tiff's enemy ? Surely there could be no darn in the absence
of those very persons who, upon the allegations in the bill,
constituted these gentlemen trustees. The Sicilian priern-
mast then of that period ought to have been made partite.
This es to the Ship Registry Act, on the one side it was said
the moment the ship was transferred and registered, that
constituted • title against the whole ; on the ether
hand, it was said, that no person not • British subject
could be owner of • ship. But there was =adages show
that • foreigner might not transfer a skip to a British sub-
ject. The allegation is the bill was, that the whole transudes
with regard to MOWS. WIWI and Moody was a scheme
and design formed for the purpose of evading the Registry
Act, and that, in few, Granada and Sella was owners of
the ship during the whole period. But this could sot be
said to divest Messrs. Wilcox and Moody of the legal title.
Mr. lathed and Mr. Ooldsaid, on =nal( of the plain-
tiff, contended that by this bill the plaintiff was alleged
to be the rightful owner of Ws revenues of the kingdom of
Sicily; this allegation was la conformity with the laws of
this country, and that paeeegs, if rightly interpreted and
saileemeed, would be an answer to all the arguments affect-
ing:Oda. The bill represeated that =dais persons sub.
jests of the plaintiff;" usurped the govereesestv cad
that ma= peaces unlawfully eenduoted the govern-
We= The subjects of the grows opposed the
Warn, and "=awfully " usurped the government.
It bad bun argued that this was a lawful government,
Chose ores mete to be reeogehed. It was true that *baud
wet is issues. aseerale what governments were to
be etle sissg, and it bad been laid down that the judges of
this areetry were bound to look to what wee the lawful
pursuant of Slily. Now it was a fast that the beg wee
lawfully mogul= by this century during the whole time
to is this bill. The bill alleged that these monies
so taken by the dehodents were part of the royal revenues
and taken hem the royal public treasury. According to the
law of this country the only government that eoskl be
recognised would be that with which this government was in
relation. To support the argument on the other side the
4eonnun.
7minustmentseareespnote......iewhtionnoessary wypelhownossweroweinasadermathrioalat:wrtai
a*
this titeooB
Sicily wacuaiet
Thus was the general principle that the money was the pub-
rensulielffbrr:rffielykis,l4::vindiediewathalitetabaelesteillialiM"rephiyt ,stheue onViebeSChalfhen:llkiOir

COURT OF QUERN'S BENCH.—lnurnansy.
Ma. BARBER'S CASE.
Ex PIM. WILLIAM HENRY BLIIII.

At tko sitting of the court, the arguments in this case
were resumed.

Mr. Berjaant Wilkins proceeded to address himself to that
branch of the master's report whisk related to the alleged
malpractices. He urged that every complaint of malpractket
against an attorney should be prompt sod definite, whereas
the charge against Mr. Barber ia the ease of Dommett was
vaguely stated u " Mr. Barber's eandoet with regard to •
Loan Investment Company In the cam of DOlSllleit." Mr.
Donunett was an attorney, and therefore an CAM of this
court, and according to his own statement he bad been guilty
of conduct which was disgraceful.
Mr. Justin Patinas—TM UMW has reported that there
is no ground for the Amp *phut Mr. Barber la that ease.
ILL Serpent Wilkins—But still it had left • stigma
Sir F. Thai's! said that the oily eases which were to be
pressed ware thou of Robing, Heat. and Reynolds, mid
Kr. Berjeut Wilkins then reseeded with RAW& assn,