The Sun.
London, England, 1852-01-15 00:00:00

An official publication drawn up under the surveil-
lance of the President of the Chamber will alone be
authorised.

The legislative body freely discusses the laws—
adopts or rejects them—but does not introduce those
unforeseen amendments which cften derange tha
whole economy of a system, and the ensemble of the
primitive project; and, for still stronger reasons, it
does possess that Parliamentary initiative which was
the source of such grave abuse, and which permitted
every deputy to substitute himself at every turn, in
place of the Government, and to present projects,
however unstudied or shallow.

The Chamber being no longer in presence of the
ministers, and projects of laws being advocated by
the orators of the Council of State, the time will
not be lost in vain interpellations, in frivolous ac-
cusations, and in passionate struggles, rvhose sole
object was to upset ministries, in order to replace
them.

Thus, then, the deliberations of the legislative
body will be independent, but the causes of sterile
agitations will have been suppressed and salutary
delays introduced into any modification of the law.
The deputies (mandataires) of the nation will ma-
turely accomplish things of importance.
Another a.vmhly bears the name of Senate. It
will he composed of those elements which in every
country create a legitimate influence ; such as an
illustrious name, wealth, talent, and services rendered
to the country.
The Senate is not—what the Chamber of Peers was
—a pale reflection of the Chamber of Deputies,
repeating, at a few days' interval, the same discussions
in another tone. It is the depository of the funda-
mental compact, and of the public liberties, com-
patible with the Constitution, and it is solely with re-
gard to the great principles on which our society is
based, that it examines all laws, and that it proposes
new ones to the Executive power. It intervenes
either to resolve any grave difficulty which might
arise during the absence of the legislative body, or
to explain the text of the Constitution, and to secure
whatever may be necessary to its operation (marche).
It has the right to annul any illegal or arbitrary act,
and thus enjoying the consideration which attaches to
a body exclusively 'occupied with the examination of
great interests, or the application of great principles,
it fills in the State the independent, salutary, and
conservative office of the ancient Parliaments.

The Senate will not be, like the Chamber of Peers,
transformed into a court of justice. It will preserve
its character of Supreme Moderator; for disrepute
always falls on political bodies, when the sanctuary
of legislation becomes a criminal tribunal. The im-
partiality of the judge is too often questioned, and it
loses all prestige with public opinion, which some-
times goes so far as to accuse it of being the instru-
ment of passion or of hatred.

A High Court of Justice chosen from amongst the
high magistracy, and having, as jury, members of
the Councils-General of all France, will alone repress
all attempts against the Chief of the State and the
public safety.
The Emperor said to the Council of State—" A
Constitution is the work of time. It is impossible to
leave in it too large a margin for ameliorations."
Accordingly, the present Constitution has only set-
tled that which it was impossible to leave uncertain.
It has shut up, within insurmountable barriers, the
destinies of a great people. It has left for change a
margin sufficiently large to allow, in great crises, of
other means of safety than the disastrous expedient cf
revolution.

The Senate can, in concert with the Government,
modify all that is not fundamental in the Constitution,
but as to any modifications of the fundamentel bases
sanctioned by your suffrages—they can only become
definitive after having received your ratification.

Thus, the people remains master of its destiny.
Nothing fundamental is effected without its will.
Such are the ideas, such the principles, that you
have authorised me to apply. May this Constitution
give to our country calm and prosperous days—may
it prevent the return of those intestine struggles, in
which victory, however legitimate, is always dearly
bought—may the sanction which you have given to
my efforts be blessed by Heaven. Then—PEACE WILL
BE ASSURED AT HOME AND ABROAD, MY ARDENT
HOPES WILL BE FULFILLED (me 3 vceux seront combles
MY MISSION WILL BE. ACCOMPLISHED.

LOUIS NAPOLEON BONAPARTE.
Palace of the Tuileries, Jan. 14, 1852.

(From the Daily IVews.)
(BY SUBMARINE TELEGRAPH.)
PARIS, THURSDAY, HALF-PAST NINE.
The Constitution is promulgated, preceded by a
proclamation.

The President is to preserve his present title; he
is responsible before the people, to whom he can
always appeal. He commands the land and sea
forces. He alone has the initiative of the
laws; he
has a right to declare the state of siege, save the re-
ferring of it to the Senate. lle presents one message
every year. No accusation can be brought against
Ministers but by the Senate. They are only respon•
Bible for their respective duties.
The functionaries take the oath of obedience to the
Constitution and fidelity to the President.
In case of the death of the President the Senate
calls upon the nation for a new election. _

The President has the right, by a secret deed, do-
posited with the Senate, to designate to the people the
citizen whom he recommends to the suffrage, until
the election of a new President.

The President of the Senate governs jointly with
Ministers.

The number of Senators not to exceed one lm-
dred and fifty. It is fixed at eighty for the first year.
The Senators are named for life by the President.
Their functions are performed gratuitously. How-
ever, the President may grant a salary not exceeding
thirty thousand francs.
The sitting of the Senate not to be public. It re-
gulates the constitution of colonies, and all that has
not been provided fur by the Constitution. It may
propose modifications of the Constitution, but any
modification of the bases laid on the proclamation of
Dec. '2 will be referred to universal suffrage. There
will be a deputy to the legislative body for every
thirty. five thousand electors, elected by universal suf-
frage for ten years, and receiving no emolument.
All adopted amendments to be sent, without discus-
sion, before the Council of State, and cannot be dis-
cussed if not equally adopted by this one.
The sittings will last three months.
Reports of the sittings by newspapers will be con-
fined to the official reports of the proceedings drawn
up by the bureau. The president and vice-president
are nominated by the President of the Republic for
a year.
Ministers cannot be deputies.
Petitions may be addressed to the Senate, hut none
to the Legislative body.

The President of the Republic convokes, adjourns,
prorogues, and dissolves the legislative body.
In case of dissolution, a new one to be convoked
within six months.

The Council of State, composed of 40 or 50 mem-
bers, is nominated and presided over by the Presi-
dent, who may revoke its members. They receive an
annual salary of twenty-five thousand francs. They
draw up the project of laws and discuss them before
the Legislature.

There will be a High Court of Justice, without
appeal, before which will be tried all attempts against
tho state or its chief.

The mayors are appointed by the executive power.
_____

CABINET COUNCIL.—A Cabinet Council was held
yesterday afternoon at the Foreign-office. The Ministers
present were—Lord John Russell, the Lord Chancellor, the
Marquis of Lansdowne, the Earl of Minto, Sir George Grey,
Earl Granville, Earl Grey, the Chancellor of the Exchequer,
Sir Francis Baring, Lord Broughton, the Right Hon. Henry
Labouchere, the Marquis of Clanricardo, the Right Hon, Fox
Maule, and Lord Seymour. The Council sat two hours and
a half,
THE NEW GOVERNOR FOR TUE CAPE.--We under-
stand that Major-General the Hon. George Cathcart, the
newly-appointed Governor of the Cape of Good Hope, will
proceed thither in the course of
Gallant of
aafabiat
rtnight. Her Majesty's
steam-sloop Hydra will be commissioned at Sheerness for
General to the seat of
government.fconveying
h
thels purpos e
PROPOSED REFORM MEETING IN ST. PANCRAS.—
At the meeting of the directors of the parish of St. Pancras,
on Tuesday, Mr. Stockton communicated the following letter
from Sir B. Hall :—" My dear Sir,—lt is almost certain
that very important revelations will be made the first night
of the session. I would strongly urge you not to have your
meeting before that time, and to have a meeting of the whole
parish or borough afterwards. Yours, &c., B. HALL,—
Llanover, Jan.

HUSIIANT .8.4,13Y,-.-France is enjoyiDg its Little

CHANCERY.--(THIS DAY.)
The Lord Chancellor did not sit to-day. It was un-
derstood that his Lordship had to attend a Cabinet Coun-
cil, fixed for an early hour this morning.
(Before th,r, LORDS JUSTICES.)

LUNATIC PETITIONS.—IN RE LOVEDAY.
This wls a petition presented by Mr. Loveday, against
whom a commission of lunacy had formerly been issued,
to compel the surrender of certain deeds now in the pos-
session of the trustees in whom the management of hi 4
estates had been placed under the commission. It aP'
pesred that immediately after the order of the Lord
Chancellor had been issued, directing the issue of a com-
mission, the trustees appointed under it having begun to
act, Mr. Loveday traversed the commission, and on an
action at law following obtained a verdict by which the
commission was set aside. The committees having, how-
ever, incurred considerable expense in the management
of the estates, refui,ed to deliver up possession of the
deeds until they had been reimbursed, wheieupon Mr.
Love day presented the present petition.
The CounT, in giving judgment, said that the answer
which the (It fondants had alempted to set up, that they
had acted under an order of the Lord Chancellor, end
were, therefore, entitled to compensation, could not ho
maintained in opposition to the verdict of a court of law.
The Court had no more power now to deal with the
estate of the alleged lunatic, after the verdict which had
been given, Ihau it had to deal with his person. The
opinion of the Court, therefore, was that a decree should
be made, grunting the prayer of the petition, and order-
ing the immediate surrender of the deeds now in the PO5.
session of the defendants.—Docrce accordingly.

ROLLS' COURT.-(THIS DAY.)
llis Honour the lia9tur was engaged the whole of the
morning i❑ hearing petitions, the eniet of which was is
the cause

IN RE WRIGIIT,
in which Mr. Busk and Mr. Cooper appeared for the
petitioner, and Mr. Humphries for the trustees.
It appeared that the petitioner, Samuel Wright, bad
been entitled to a legacy of 1,0001. under the will of $
testator, who died in the year 1820. Three portions of
this legacy had been paid, but a balance still remained
of 2461. 7s. 61., which had been increased to the sum of
2621. 103. by interest, leas the legacy duty. The legatee
inherited under an a p poi ntment of the widow of the ter
tator, who died in 1849. Previous, however, to hie in;
terest in the testatot's property accruing the legatee bad
made an assignment, and the question, therefore, arose
as to whom should the balance iu the hands of the trus'
tees be paid; whether to the assignees of the legatee of
to the legatee himself; the point of law turning on the
introduction of the word " other" in speaking of the
personal property devised by the testator, including $3
it must either one particular property or the whole of
the effects of the deviser.

His HONOUR suggested that a supplemental order
might be given; but it was ultimately decided that 08
right of the legatee had not been invalidated, and that
the costs should be paid out of the general fund.

VICE-CHANCERY.-(THIS DAY•)

(Before Sir G: TURNER.)
MILNER V. HARRISON.

His HONOUR gave judgment in this case, which came
before the Court on a motion to commit the defendants'
Messrs. Harrison, of Liverpool, for breach of an irjale.
tion restraining them from the infringement of thee'?
tent of the plaintiffs, Messrs. Milner, of the same 13°'
rough, for improvements in boxes, safes, or other dept
sitaries for the protection of papers or other materia
from fire. His Honour observed that in June last, t 136
plaintiffs having brought an action against the defelv
dents recovered a verdict, and subsequently obtained 011
injunction, the breach of which was now complained or.
The grounds on which the commitment was moved for
were, first, the sale of:;a safe to a Mr. Tbon3v
son, and, secondly, the sale of a safe to a
Cafferata. The defendant by his affidavit stated that the
first safe was only lent, and not sold, but the plaintiP,
contended that if only a loan that loan was a breach of
the injunction. His Honour here perused the affidaviti'
and was satisfied no order for comtnittment could be
made on that case. He abstained from making
meats on the affidavits, for such comments would 00y,,
affect the character of the parties. Competition '"
trade and heat of litigation had led both parties late
conduct of which he could not approve. As to the
second case of sale to Cufferata, the question arising
upon it was wholly different. That safe was proved to
have been manufactured according to Tann's patent, and
the question was whether the manufacture under Tape;
patent was au infringement oft he plaintiff's patent. Tha.
question had not been tried at law. If the Court were lci
make an order for committing this defendant, it would
f
be upon its own opinion, without the aid of a court eq
law, and to affirm that Milner's patent applied to
cases where the material interposed in the box evolved
steam when affected by heat, which was not the COP:
struction of Milner's patent, or the necessary corolla;
from what had passed at law. Nothing that had fallen
from him must be understood as intimating the lea'
doubt that when the Court was satisfied there had bee„
;
a wilful breach of an injunction it would exercise r,
power of commitment, and he would not permit any "eg
fondant to protect himself from commitment by seY,'Pbe
he was manufacturing under another patent. i•
question that pressed on his Honour's mind o,B'
whether thero was or was not any quest`o(
to be tried as to the validity or invalidity , h
Tulin's; patent, or as to the extent to whle
the first patent rcache.l be
it. If any case came v"„'
fore him in which he found a defendant manufacturili7
under a second patent, which was merely colours
and as to whice there was no bona fide question thot,a,
aas an infringement, he should exercise without
Lion the power of commitment. Ile should, therefu:ri
order the motion to stand over, with liberty to the plat
h';
tiff to bring such action as he might be advised. If t "
plaintiff proceeded at law ou Ca,rata's case and appff
ceeded, he could renew the motion.
GRAND TRUNK OR STAFFORD AND Pk.:.TERBORO"
RAILWAY V. BRODIE.
Tho arguments of counsel were then resumed in 'is
case, which ws.s opened yestertisy, and which there
every prospect of lasting a couple of days.
QUEI Y.)

EN'S BENCH.—(THIS DA
WALTON V. FREES 131
Mr. O'MALLEY moved for a rule to show cause 1/1
the nonsuit in this case should not be set aside, 5a',,,10,
new trial bad. The action was brought to recover euit.
pensation in damages for a false imprisonment corelllt'itf
ted under the following circumstances. The Plal/3 al
was a yeoman, and the defendant is a Colonel in ens
our cavalry regiments. A few months ago, while 10
state of intoxication, the plaintiff was enlisted 10 the
Colonel's regiment, but as the enlistment took place to
a Sunday it was illegal, and the plaintiff neglected der
attend to it. The consequence wits ho was put on .0,
arrest and carried before the magistrate, but the loagttv
trate refused to sanction the arrest, and thereuPor oe,
Colonel took upon himself the responsibility of itnrr6 be•
ing the plaintiff. Ilis friends, however, interfered in 131° cl
half, and he was, after some weeks' incarceration, libetatevs
upon a writ of huhects corpus, and this action ice! the
commenced. At the trial, however, before Lord Cade,o
bell, it was objected that the action was too late, 1e0,5
couch os the Mutiny Act, under which tho Colonel "0;
supposed to have act, d, required that such actions.4o
this should be brought within nix mouths alter the en°
actiouof had occurred, which appears was not the °ha
here, and the Learned Judge ordered a new writ to
entered. It was now contended, however, that the qa.e;
tion as to whether the Colonel did really proeeee.,
what ho had done under the Mutiny Act, should 137_,‘
been submitted to the jury, bycause if it should turn sot
that his conduct was so uujustifiable that ho could Prof
possibly have imagined that it was sanctioned in all °OO
by the provisions of the Act, the objection as to the
months would full to the ground. ; to
The COURT were of opinion that this demand ought
have been made at the trial, which was not done, -
therefore they rot used to grant this rule.
Ilule refused accordingly,
QUEEN V. PARISFI OF ST. JAMES'S, CLERKENWEIII 10
YCiaerPli:dveltlo,
Mr.
bring up an order of the Poor-law Board, dated 08,1.0
the Court for a cortiorar:o
of July last, and directed to the guardians of the Vt,- it
of St. J
with the view of havi°oo,
quashed. One clause of the order required the griild
titans to divide the parish into three districts:for rile"
relief, and to appoint proper medical officers to G-,-
00et
district,
a proceeding which the guardians had no Vivi
to tike, and which the Poor-law Amendment pit
specially provided should originate with the Peer- oe
Board itself. Another clause in the order called 01,0;
the guardians to nominate and appoint a relie%
officer, but this also the guardians had no power to du
Application granted.

COMMON PLEAS.-(THIS
LOCKWOOD AND ANOTHER V. YEARSLEY AND AI4O jtt
'Phis action was tried at the last sittings atter tertfiiitc‘
Middlesex before the Lord Chief Justice, when a yar
was found for the plaintitl for 451. 1 00
Mr. Sergeant 13YLEs now applied for a new tria"„ce.
the ground that the verdict was against the evitici-0161
and also on affidavits. It was an action for good9loe
and delivered, and work and labour done, and the rhjCP
were never indebted, except as to 117/. 155.. W„,-oto
amount was paid into court. The plaintiffs
brokers and house-agents, in Baker-street, rorii-et'
ucha
aurt
es,. alt Luievteorhp:ro,
square, and the defendants were wine and spirit„,,i-titr
and in itnheßd,cikfeenrd.satnrtesett,oorkorp-0-7,e00,;
stun of a house in Baker-street, belonging to a lie-'OO
of the name of Oliver, and paid 1001. premium "Loeb
plaintiff's, who acted as hunie•agents for the °;',jer
When the defendants entered the house it was
going repairs by the landlord, and they emploYe'offi
plaintiffs to make some alferations on their own nee TV
and the present claim arose out of the transtietie".ere
defence was that the plaintiffs had attributed '-vgagb'
portion of the work to the defendants than they °,O-tlie,
to have dcne, and that tha overcharges amounted
stun sought to be recovered. At the trial two sur- feivsLe
.%
who inspected the premises were called, but the 01.'00
of one was 51. or 104 less than what the Pl'ijoef°
claimed, and the other, in consequence of the dpi 3to
of the court and his being unpruvided with speettlenoo'
assist his vision, could not translate his
'Tail was the ground for alleging th"„,tdoill
verdict was against the evidence. 'I he 133' t Of)
staff d that l'earsley, the defendant, who was 5 Wa
witness, was seized on his way to the court to -004
evidence with a violent attack of lumbago, core
compelled to return home. Mr. Sergeant DYlc3OlO.
tended that ou these grounds he was entitled to a ra two°
The COURT thougnt no sufficient reason 135 eat'
shown for saying that the verdict was against,‘L'arole/
deece. As to the application, the fact of Mr. -"evict!,
o
being unable to appear as a witness was know" ,0 it;
the trial commenced, and if his evidence was ce,
for the defence an application to postpone the trio,
to have been made to the Coort.—Wile refused.

" A MAKE•BIIIFT Exurgica,",~llliking Si
81XPtric0 aPiqGOl.reisnch. -