The Express.
London, England, 1861-05-07 00:00:00

WAAGE OP POMMY AaAmer A COVENTRY

TOWN COUNCILLOR.

Much pain has been inflicted upon the inhabi-
tant. of Coventry by the sudden apprehension of Mr. Gil-
bert Burbury, tir outer of as extensive hanyerd, and who
is supposed to do business toe large amount in connexion
with the le•ther,trade. The accused was taken into custody
on Friday night, and lodged in one of the cells at the rum
station, on a charge of forging au acceptance to • bill of
exchange for 4001. The prisoner is • metuber of the town
council, and has hitherto occupied a position of the highest
repeatability is the town. He is understood to have been
affected in no limited degree by the recent heavy failures
in the leather trade, his affairs having been for some time in
• state of considerable pecuniary emharrammeet. Much
commiseration is univenally felt for him and for his wafer,
Minato wife and family, the prevailing impression being that
the difficulties with which he has been surrounded are not
the malt of reckless or imprudent trading oa his own part.
The prisoner was brought up in custody at the police-
court ou Saturday morning, the magistrates present being
Thomas Roden, 8. Vele, and E. Phillips, &qrs. Hv 'ap-
pearedop: sensible of the painful position which he
was and to have been suffering acute mental
suish. e court and the avenues leading thereto were
wded withpeople.
The was then in due form charged with having,
es the 86th of December last, forged a bill of exchange,
rag to be slimed by John Gregory, of Birmingham,rirrlitent to defraud the Union Banking Company, at
Coventry, of the sum of 3001.
Mr. Dowse appeared for the prosecution. Mr. Thomas
, Duman was in attendance on behalf of the accused.

itfr. Dewr bray opened the case by stating that the
7rtion was instituted, though with great reluctance,
hue directors of the Union Bunking Company. The
highly respectable and honourable position which the pri-
soner had hitherto borne made it a matter of the deepest
concern to them to take this step ; but they felt they
should fail in the discharge of their duty to the shareholders
and to the public if they omitted to do so. lie did not
purpose going into the Cale upon this occasion, a most
material witness, Mr. Gregory, not being is attendance,
sufßcient time not hawing been afforded to bring him from
Birmingham. He therefore applied that the prisoner might
be remanded for a week. .

21;74utisoitb; information having been sworn to by
Mr. Swan, manager of the Union Bank, the applkatiou for
a remand was acceded to by the bench.
Mr. Browett applied that the prisoner might be admitted
to bail, and Mr. Dews' offering no objection, the bench
accepted security for the prisoner's appearance, himself
in 1001., and two sureties in 1001. each.—Birminglui
Daily Pug.

LAW AMUR/311NT bocirr r. —A meeting of this
weary was held yesterday evening, at their rooms in Water-
loo-place, the Recorder of London occupying the chair.
The adjourned discussion on Mr. J. Pitt Taylor's paper, on
"The Expediency of pawing an Act to permit Defend;nte
in Criminal Courts, and their Wives or Hubbell& to
Fitawilliam, testify
on Oath," was resumed. Mr. t:stillborn, Mr. Blundell,
Mr. Allen, Mr. Daniel, and others having expressed their
views on the subject, Mr. J. Pitt Taylor replied. The
chairman said that if the object of the proposed chan was
merely to arrive at the truth, he should have no objection
to it. It had been sail that theexamination of the prisoner
was to be voluntary, but from his experience he could say
that, add point of fact, it would be compulsory, for if a pri-
mer eolioad to be asataioed. it would leeve him open to
such an attack from the opposing counsel, as would seriously
prejudice him in the minds of the jury. Taking all the cir-
cumstances into consideration, the cases of successful per-
jury were so exceedingly rare, that he would prefer the
present evil to the alteration proposed by the resolution,
for he was not prepared to brave public feeling on the ques-
tion. Be entirely approved of the second part of the pro
position that wives or husbands of prisoners should be
examined, because, next to the prisoner, they could give the
best information. The resolution that a change in the pre-
sent mode of examining witnesses io crimival cases was
necessary, was ultimately carried unanimously.
• • - -

ST. GIOROOI4III-THR-EART. —The parish church
of St. Ceorge's•in•the•Fist, so long known for the disturb..
antes which took place there week after week, seems to
have been completely handed over to what, in clerical
hruseology, is called "the low church party." Mr.
llagulre of Clerkeswell, has bean preaching Users, and next
Eltindsy Yr. Kyle, of lielnUogham, is to have possession of
the pulpit. Kr. &yin King's leave of absence will expire
in July, but it somata be doubtful at present whether he
will again eater apes the active duties devolving upon him
as rector of the parish. There is a rumour is the neigh-
bourhood that a change of benefices, with a clergyman near
Oolchester, is in omitemplation....

PRRTIrTION or ART IN WATCH MANUFACTURER.
—'• The stranger In London cannot fall to he struck with the
magnificent estahllshments of goldriniths with wide& the city
abounds. Such displays as ere presented to the eye are rarely to
be met with In any other city in the world. Indeed whole tor-
toises are concentrated In theirwlndows. Foremost among such
establishments is that of kir. Henson. 33 and 34, Ludgate-hill. and
46 and 47. Cornhlll, which may trnly he called the Home of Art.
livemthusg eshthits the most perfect taste; and white the beau-
tiful in thus cherialesd, the useful is also carefully studied. Mr.
Nenenn has plaid a Wei podtlon for the stepertae ezanulatture
and setlettil=ts of his witches especlally."—City Prem.
Benaon • Pamphlet, post free for two stamps, Is de-
scriptive or every mmetrectloa of watch now doge. Watches
safe by post to all parts of the 310be.--tAdvertlsement.l

HARKONIUMB-NEW MODEL.-
MAXIM MALL sod C.. ISt Itseataizest.

Elie erfreoo.

BS V MA/IKM
TRt Rvvirmen, I:1.41W Unit Mims. essimisms,
C
Villucre an.l !Cole Mrs. C Venus. Mrs Wilk Mrs.rai=
I ' mud Miss Lona—kat THE AND
1114 SlE.N.—Curamsses at T.

PRINOUNM.
Tim Emma. MONCT. Yams. H Testa. Ryder. H.
Irlddir..eibe. and ►. Matthews ; H. Heath and c Lerlong.
Uid N CHWICWEID. Yarn. Mort.land, Meadows,
Wid.licusabe . Is [limn mei Li

Q. PAMIR
TAI.ItrOMPO, L4W PIM LADINO. Wows ham.
Minors : 111. 14.11F7.—A MLA! OP PAPKIL Wm=
Wilms 404 DM./: Ml.. ilkorbort 4a4 lam A Wtiss.-.AM
TIM PACHA OF PllllJoo.—Coommina4l.4ll-past 7.

TIM ZINCIARILLIA, 711 I,OIIt7T!CLTELLII
01, MADRID. Mrs 11 Mower—Ylll MI:LT(4 IWWOHIIII.
Ms IL Jamb. cod J. uw. WwwIow—AMIIOLLYSCLLIVAN ;
cw, rwrerly mad Spissarser. Ws. it low.

RPM WATT" AT 101111011 BRUM
TEA Dot -10,11Ing, K UM.... MOMS% it 44e.
Tiloamsow -Mat - Mara^ VA 12..

LONDON, TUESDAY, MAT 7.

Tux fourth, and critical resolution of the Budget,
that which imports the repeal of the Excise Duties
on Paper, after having crowded the Commons for
party fights and evoked the highest eloquence
that has been heard by this generation, was last
night adopted without a division, in a House of
only 25 members. But for Lord ROBUST CR.LIL'S
feeble expression of an affected hope that the
Lords will yet mutilate Mr. Gimormitet
Budget, the speeches were absolutely without inte-
rest. Thu CHANCELLOR of the &CHEWY= reserved
himself for the opposition which it is intimated
is to be offered to thu repeal of the Paper Duty
when it is brought before the House in the form
of a bill. The few words which fell from Mr.
Dimwit.' leave it to be inferred that Lord Hexer
perceives that his party has more to gain by a
rapid return to the assumption of that hypothetical
tutelage which be recently described in a poetical
mood, than by a second experiment in the hard en-
counter of an actual opposition. Let the Tories
get safely back to that, and it will not take them
till after Whitsuntide to discover how great
would be the folly of challenging another battle
like that of Thursday last.

/Conlin; short of gross and culpable mis-
management on the part of the Government of
the day could make the necessary provision for a
member of the Royal Family a matter of public
controversy. The nation, which on all occasions
manifest& a reasonable attachment to the institu-
tion of Monarchy, cheerfully accepts the respon-
sibilities incident to the object of its preference.
The marriage of a daughter of the Queer; belongs
to that class of exceptional occurrences to which
the settled provision made for the Crown upon
the accession of her MAJESTY does not extend.
These facts would have been sufficient to justify
a motion like that which Lord PA /MURTON made
last night, and the Parana& rather weakened than
strengthened his case, if be did not revive some
unpleasant memories, when he adverted to the 1
honourable economy by which her MAJESTY had II
been enabled to avoid those supplementary ap-
plications to Parliament which were so frequent in
preceding reigns. To say that the QustB has I
kept entirely within the limits of the arrangement I
entered into in 1837 is to do injustice to
her Martyry, as it is welt known that for
years a part of her Marasyr'n income was
applied in the discharge of debts for
which she was in no sense whatever respon-
sible, and with which nothing but a high andspon-
taneous conception of filial piety brought her into
relation. These considerations, however, like some
others which Lord PALMIISTON introduced, had
no bearing upon the matter which the House had
to consider—the fitting provision to be made for

the Princess ALICE on bar marriage with Prince
LOVIR of Hewer, and we presume humbly to be-
lieve that it was not the wish of her Maanrry that
that question should be considered otherwise than
upon its proper grounds. The proposition of the
Government, to which the House of Commons has
given a preliminary but unanimous approval, is that
30,0001. be granted to the Princess ALICE as a
marriage portion, and 6,000/. as an annuity for
life. Taking the value of the annuity at 127,0001.
this is equal to an immediate and final gran;;
of 157,0001. This provision, as Lord Parr
Mammon explained last night, has been cal-
culated according to what is due, not only to
the dignity of the Royal Family, but to the
liberality of the British nation. The question, as
the Pawnee justly observed, is very simple, it is
mainly one of use and precedent, and will, doubt-
less, be so regarded by the public at large. The
Bovaaluum of ExoLaxii can never be a mere
chief magistrate ; the first family of the nation
must be enabled to maintain itself at a
height of Mate above that of the aristocracy of
which it is the bead. The dower of the Princess
Au, E will be voted readily ; and while the
nation does its part to facilitate the contemplated
alliance, its prayers will be offered for the happi-
ness of • royal lady whose graces of heart and
life are a pledge of new honour to be acquired
through future years in the country where she
will represent the English name.

Tug old advice to the newly made Judge, " Let I
" your decisions be without reasons," would, if
followed, often prove useful. To most, indeed,
of the eminent lawyers who oevapy the English
Bench it would be impertinent to make any such
proposal. But it must be admitted that there are
eases in which the VICE-D11•NCLIJ.011 who has just
pronounced judgment in the Hungarian note case
might consult his own reputation and his own ease
—which is not • matter of indifference—by ab-
staining from argumentative judgments. The
legal problem involved in the bill filed by the
Emperor of AVATIIIA against Messrs. Day and M.
Koestrrn is by no means easy of solution :
at all events, it was propounded to Sir
June Syrairr for the first time, and therefore
it would be dangerous to predict that the conclu-
sion at which he has arrived may not be upheld
by the Dult Os Jr AT14114, the Logo DHANCILLOIL,
and es-en by the Hoven of LORDS. But it will
be at least surprising, if the reasons upon which
that conclusion is founded nbtain the acquieeoence
of any Equity Judge besides Sir Jonx STUMM
himself. The facts of the case are very simple.
M. K0A8177 R made • contract with the lithographer%
Miners. DAY, that they should supply him with
certain paper money, which was intended to be
Mooed in Hungary when the present regime was

expelled. These notes were signed by Louts
Kossurn in the name of the nation. The Emperor
of Actrrats having obtained information of these
facts, applied to the Court of Chancery to have the
lithographic plates and the manufactured notes de-
stroyed, and for an injunction to restrain Messrs.
Day from manufacturing any such documents.
This demand has been granted by Sir JOHN
STUART ; and if his judgment stands, a very
glorious loss will be sustained by the lithographers.
But that is immaterial. The important question
is, whether a foreign sovereign has any such right
as that claimed for him by the VICE-CHANCELLOR.
Is it the law that any foreign sovereign has such a
right in the regulation of the coin and currency
of his dominions, that the subject of any
foreign country can be restrained by the courts
of his own country from making money which is
intended to be used es current coin within the do-
minions of that sovereign f Could any Englishman
or Frenchman who took to making at Paris notes
which were intended to pass in England, be re-
strained from so doing by the French courts t It
is admitted that no such right has ever been af-
firmed by any tribunal, either English or foreign.
If such be the law, there is not • trace of it to be
found in the legal records. It is assumed, of
course, that no conspiracy to overthrow •
friendly government will be permitted in
this country. If any such hostile design
were proved, those engaged in it might be
criminally responsible ; and if the manufacture
of notes or coin formed part of such a design it
might be stopped. The friendship of nations is
not to be interrupted by allowing conspirators to
concoct their plans within the jurisdiction. But
neither M. Kuiterrn nor Messrs. DAY have made
themselves liable to any such law. Nor did the
Viez-C•Evezmos attempt to justify his opinion
upon any such principle. The Emperor of
AUSTRIA, it must be observed, comes into an
English Court of Equity to claim its pro-
tection in defence of a civil right which
ho alleges to have been violated. The EMPEROR,
must establish the right which he claims, and
must prove the violation of it, just like any other
individual. Lie is bound by the rules of the
Court, and must comport himself like any other
suitor—even to the extent of appearing personally,
if necessary, and answering upon oath. How,
then, does Sir JOHN STU•RT establish the Emporor
of Avetrais's right in the present case t He says
that the regulation of the coin and currency of
any State is agreat prerogative right of the sovereign
power ; that this right is recognised by the law of
nations; and that the law of nations is part of
the common law of England. From this he con-
cludes that the EMPEROR is entitled to be pro-
tected in that prerogative right with respect to the
coin, by having a restraint put upon all those who
do anything which may seem like an usurpation of
such right at any future period. There can be no
doubt that the right of the Emperor of Amnia to
regulate the coinage is recognised by the law of
nations—just as the right of the same Enrasoa to
punish those who have committed murder within
his dominions is recognised. But such a re-
cognition of a right by the law of na-
tions is not sufficient to establish the
proposition that the English courts are bound to
protect the right—any more than English courts
are bound to take cognisance of a crime com-
mitted beyond the jurisdiction. It is true that
Mews. DAY have done an act which would be cri-
minal if committed within the Austrian dominions,
but there is no authority for saying that such a
criminal act becomes a civil wrong if committed
within the English jurisdiction. Supposing it were
• criminal act, as it is, to issue Bibles in Rome or
in Spain, and supposing it were, as it is, the high
prerogative of the Pon or the King of Sparta
to limit the books which ought to be circulated,
there can be no doubt that such a prerogative
would be recognised by the law of nations. Never-
theism, even Sir JOHN STUART would probably
hesitate before he ordered the destruction of •
heap of Spanish or Italian Bibles because they
were about to be despatched to the kingdom of
Spain or the remnant of the Pon's patrimony.
It is certainly true that there are Acts of Parlia-
ment which prohibit the forging and counterfeiting
the money of foreign sovereigns ; but it may
well be doubted whether these acts prove that
the jets moncta, as it is called, is
recognised by the law of nations at all. Cer-
tainly it is difficult to understand how any such
recognition, even if implied by the Act of Parlia-
ment, imposes an obligation on the Courts of this
country to enforce the alleged rights. On the
other hand, -it is very remarkable that the law
connected with the invasion of the " high 'image-
" " of regulating the coinage and of
counterfeiting foreign money is all statute law.
From the earliest times there is not the slightest
trace of the violation of this high prerogative being
punished except under an Act of Parliament.
The general principle certainly is that laws
are territorial. Sovereigns, no doubt, are entitled
to enforce their own laws within their own domi-
nions ; but in the absence of treaty or of some
statute they have no right to claim the power of
foreign courts to aid them in the enforcement of
their rights or prerogatives. The Judges of Ap-
peal may possibly affirm the judgment of Sir
Joni &caw, but scarcely upon such grounds as
his Honour has alleged.