The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-02

u
recently been naturally occupied with her own irterna
affairs to such extent to preclude the possibility
the wasreceived he (I0rd j. Russel would take
that the house should be informed Of IT, With
gard to the last there had been other oorres
pondeDce but the demand by the American government
for the delivering up Of Anderson
Probable Result of the Bonaparte-PatteI
SON Case.
From the London Times, Feb. ID
and unexpected turn has been given 70 the great
suit of Pate Bonaparte, pending in the Court
Of First Instance by the argument NJ Duvignaux the
substitute Of tho Imperial Attorney" The sudden ap-
peance of this officer and his semi authoritative review
of the Is not the least among the anomalies Of pro-
cedure which have perplexed English lawyers in the
course Of this cause II h certainly startling 70 find hear
gay evidence, the written statements of living persons
capable being produced and the declarations OF dead
persons in their own favor, admitted without challenge
an official yet judicial character takes US
by surprise What heghtens the novelty is the fact that
his opinion his position is on all but
point favorable to the weaker SIDE Dsdaning TO dwell
on the motives possible consequences Of the pro.
ceedng, be admits broadly the primo fae justice Of n
legal MARRIAGE is for the opposite party to domosh
its validity. Now, it is well known that the marriage
aud liabilities Of Frenchman attach to him wherever be
may be domiced and q marriage contracted by hir
abroad within the "age Of CONSENT win be invalid
less the conditions prescribed by French law be satisfied
although candestine Of tn conditions may
have been contemplated Inasmuch, however, a. great
doubt existed whether these conditions had mot, in
been Actually or by implication fulfilled, NM. Berry,
snd Aou had labored the to robut the otner toe
ablish such circumstances would amount TO
presumption Of fraud and copcealmenpt. II
in connection with this point that 30 much stref
" the french Sod sse French On Ie cni
reception by President Jefferson and the reproachsu
pressioDs contained in Mr. Patterson's WILL Strange
evidence under this head, as well as over the d,u5t
thrown upon the validity Of the marriage by American
law and concentrates his attention the exceptional
quiz the French Code as to parental and
publication and the effect Of subsequent imperial de-
crees u win be remembered that the protest Of Ma
the fact OF the marriage 10 her knowledge
an objection which NJ. Alou entirely failed TO meet and
which Mr. Duvgneaux virtually recognizes as fatal In
fact no this material part Of the question
to single issue:s the marriage null for want OF pub.
tSa sne nesscs e . had beer
marriage void, but only voidable-vodable that is,
precisely the same principle and within the same imi
fused for any other reason The publication wSs meant
to inform the family Of the parties appeal all whose
argued, cured By the very existence q the Ia.
lowing year for the exercise Of the parental Veto n
~, th srs a. as well the want Of pubcaon
decree Of March g. 1887 is directly opposed and dis
til cuisines for this purpose between marriages CONTRACTED
in the former case the law thus set naugh can vim
cate itself by penalties on its civil officers, VII
in the latter only visit the offence on the conr
ing parties. However, N. Duvlgnaux, having TO
choice between conflicting decisions, boldly TAX
more lenient view maintains that publication s mere,
measure Of precaution and thus dsposes OF the chief
point in the case of nature TO be entertained
English court Of law is delicate task under an
wAh whicheM Duvgnaux discharged thisl part Of
his duty s creditable TO the independence Of
sisted much on the want Of The First cousus osnssn
The senatu4 Consute this subject was applicable u
princes q the imperial house; but when Jerome married
Miss Patterson Napoleon was not Emperor nor hR
brother prince, and il would be forced inerpre,ator
not contrary TO the second article Of the Code Map
But this was not ALL The marriage had been expreWl
annulled BY an imperial decree, and, though some
prcjt endorsed on the draught Of this document
was proved that sueh endorsement was not upusu
and that bore the mper a signature This was
the occasion He did not shrink from charncterizk n
imperial act a. sunconstitutiona" II violated. SAID
the principle Of the constitution Of the year X, wb
limited the executive to the right Of enforcing the enc
ton Of the law IL was infringement Of the foartee
conferred the Emperor the privilege q regulating
the future only the conduct Of the N perjal family
= encro:cheS On the fundanertal division Of power
dictton over the civil position OF ndvid1sls. Isl,
added ~ Duvignsux, constitutional urcons tu.ona
The decree would have beer legally binding had M
duly promulgated without opposition from the Scr
But, in point Of fact, Ike the marriage Itself IT,
never Published at all. Although II touched upon VIZ
point Of public law and contained strict iniune,ons
cv nnctionares and ministers Of religion no cy,dcue
S Sponsh 90 produced that was ever promulgated
rests were effected by II. Upon the whole ~ Duvrna
ns' ssasD' ~ h.. was
ss f 'Ss Ss i roSs s.d sG ssa C.
be party 10 the divorce, aud Il Ia anita
sble that he may have refraincd from operIv annr,
the FIRST marriage, secretly determining that II shor
no bar TO . second. One knot Remained ~ - d
tied, and M Duvgnauxs hearers may we'll have ssIs
appointed that after explaining away imperiaI yesH
he should be staggered by the more recent resontM
an imperial family council. We are 70 little AHA -
ceive court elevated above all legal ru,es 49,
and from which there is no appeal ,Rat ,ve can = ~
follow the reasoning Of the acting Irocu-enr y,n,'
he identifies the present question " m thai on ,ttL
august conelave had already pronounced mi s,,a
The bench that they have literally no oni,or 4. I'M
Ter Stil less can we sympathze with lie cr..
sumption that imperial judges have mora raesa. ,
ganet natural partially for the cansa az -
ady than against the alurenents ~ Co.. e ,
n spite OF the umbemished pnr,tv NJ onv ,,,, "a"
mas peen observed that In onee,ior. aSuum
tn.onM law the opinions Of our eresteet les. a, 80
~ nave strkngy conceded with the:r noi,t,oai NJ
ns tendency s peculiarly strong where the do,h, ,
a. ~ ne sppncsuon OF principle but on the oons,r
'on " WORDS In constructing an act il 10 often noa
= na'e recourse 70 the intention Of The rrano,
,nere reasons OF State conspire 10 suggest
= m eaucn @ desirable, II In too apt 10 pressn, ~,
= ouI mmos az anteccdently probable Be tba 60, 80
vweveI wnat may, we do not feel called ur,n
. ne,lyen entnusiastc interest In his clien,s w.
eot Mlss faterson knew well the risk which sho %
msrry ing one so far above her station aealne, ~
a,,,nnines we nave already expressed our be,,ss
analy OF ner marriage, and II she Is nov ro.iir -
w ior an oea we may honestly with her asc y ~ 6o'
'yai ara imperial successons are tho serio,s ,1I
dslu bed lightly and IL the iepitjn ~, - enInRf
10 al - Ia. N