The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-11

honor on m, part accept ssyst Of basasSy dd no
ssasel a@a rendered an Illegal and so,as
from a si birth sss's e shs Il
" ever having been The object and the w. n TIM Of
scss Ss ,sa IN
e.. @ 81 %
q e grant a %s s %
expose that am forced 70 make complete and Impair
tial as possible; VIII say that Prince Jerome left
will written in his handwriting dated July O. 1852
m which he makes the Prince Napoleon born Of his
sscond marriage, the Lawful nhertor Of all the rights
transferable By sue session; he confirms at the
time, the donation made At the time of the marriage
contract Of his daughter the Princess Asthilde
wish that the objects OF this donation should
enter into the rights of succession lastly the will gives
life annuity 10 the Marquse Bartoini Who said he, was
married in the bosom Of the church But in this last
viii aud testament there "a not single word concern
hg his former marriage, or OF her with whom II was
contracted, or the issue resulting from it,
The arguments which viii be produced on one side or
other In the case about TO be commenced are not DIN
n ahe name Of the first wife and her children they
commence by invoking the Law locus reg9 octam oy
which the marriage at Baltimore is Valid and whcn VAS
publicly celebrated accordance with the rites OF the
Catholic Church. and Of the received forms Of the United
States ihat the marriage contract perfectly under
stood by the parents Of the young man who, without
opposing it, gave their act consent In admitting even
that the consent Of he mother whose absence alone
gwen the mother shOnld In order 10 have the nnlhca
ton have gone before the Court within one
year from the time when her should have attained the
age competent TO form smarriage by hsef Cart $50,
Q. cv But Madame Iaetitia relies on protest which,
We ada that The two DEGREES Of the lIth and a0th
VeDtOee xiii have not been able 70 effect that which the
courts aleae had tbs right 70 do There are hare arbitrary
acts which ought TO have NO force, and u 70 use
Mss TO attempt 20 give them etrensth, onle's
they fall back the jrididio~ eneptAonele that the
Senate of the Is Feol and 70 Prdirdl XII gave TO
che Emperor referring to the members OF his family for
these last acts cannot have double effect, and the En-
Validity and the ' nudity Of marriage Contracted
by one Of his brothers previous 70 the establish
ment Of the empire when his own consent was
not absolutely necessary 70 make such marriage
valid. They also contest the official decisions at Paris
and of the decision OF the family-the first having
ary to the rights of the French people, the second as
not being based on the question of the actual law suit,
having been rendered out Of the presence OF Madame Pat
terson and IN any case being Illegal 70 pronounce on
the nulty Of drst marriage as demanded by the chill
dren ofthe second art c. while refusing to the
former the right TO institute similar action during the
life Of their father specially in the Of Bonaparte
they would place under the empire the principles Of
right which puts all condensation in the situation of the
child Of whom the birth Ia c0nformed TO the possession
Of the State lastly they ask the application Of the pro-
visions Of article 201 dG code c which declares that
OWL resuls' whether regarding the husband or the
children, If he has contracted II IN good faith.
In the Of Prince Napoleon is commended that
the union Of Jerome Bouaparte with Miss Patterson has
presented the features Of legal MARRIAGE that 1t
clandestne union which has been formed by young
officer Of nineteen years Of age without the authority Of
without the appreciation Of his mother, and without
the necessary publicity in his country that the parties
to the marriage themselves had 80 wen understood the
kresalarity Of the marriage that In the contract o.
trmony they have provided for any in which II
France 1t followed by protest from Madame Mere
and by two DEGREES declaring the radical nuty Of the
marriage contracted that these DEGREES having
hapn nv he in af
conformably to the right Of jurisdiction with which he
invested by the political law in reference TO every
thing concerning bis family affairs, the authority
not be misunderstood that in regard TO the decision de
P0cdle, Its effect has only been to sever the religious
bond ~ the civil bond has been severed, and
that, reduced to these terms, its value could
not be contested: that in one view the new situa-
tion In WHOM Miss Patterson and her son have
DeeH placed by the different acts which have been al
uded 10 has been accepted by them and followed by
acts Of high Importance that also during the existence of
the empire Miss Patterson received from the Emperor
the of sixty thousand francs, which she could not
have considered other than the price Of her resignation
that besides, up TO very recently neither herself nor
her went by the name Of Bonaparte in Francc
that in short, the offence Of cAndestme connection,
TO which the marriage contracted In America Is exposed
obstacle TO the invocation of the benefits which the
law extends To marriages contracted in good faith.
Such is the ground upon which this great historical
process must be based involving as it does the highest
questions Of our public and our private rights aud to
all the el0t which belongs TO it.
WHAT LOUIS NAPOLEON THINKS OF THE CASE.
From the Paris Moniteur Jan. 10.
Several Journals have announced that the Tribunal OF
Premiere Instance Of the Seine has under consideration
demand for partition, In consequence OF the death Of
Prince Jerome brought forward by Jerome Bonparte
Paterson and his mother against Prince Napoleon the
sole heir Of his father Those journals have entered into
incomplete and explanations on the subject
The First Chamber Of the Tribunal Of the Seine has In
fact before it the application alluded to, which again
raises the question of the validity of the marriage
contracted in America in the year 1903 by Prince Je
reme--a marriage which was protested against by
his mother on the 3 ventose, An Kill; annulled by
two DEGREES Of the Emperor Napoleon l., and Of tho
IL and 30 yentose, An XIII, and 10 which two deci
sons Of the Conse de Fame Imperial Of the 4th July
1856, and 9th july 1890 refused all effect, declaring
that the union of 1903 null and void, and that
could under the circumstances Of the case,
permit the applicant to take the benefit Of Arts POI
and 200 OF the Code Napoleon attrbuting to nulied
marriage the civil effects Of marriage when II has been
contracted in good faith. memoir, by 81 Berger, to
which premature publicity has been given and on the
terms of which shall not give opinion, has been
Distributed II contains documents the authenticity Of
which il disputed. N. AlIon, the advocate Of his I'M
perial Hghness has confined himself 70 distributing
simple collection Of letters and official documents con
pected with the affair. Prince Napoleon refused TO de-
cline the competency Of the ordinary tribunals by in
vokng the special jurisdiction applicable to the imperial
family. In this state Of the question 1t will be under
stood that feeling Of the most simple propriety com
awaiting both the discussions, which will completely
clear up the question, and the new decision Of justice.
The Struggled Diamonds Again In Court.
UNITED STATES DISTRICT COURT.