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zfuvngn tnipiugtiire
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FRANCE. On Friday last tbe Council of St...
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dPorcfp #UsccUan».
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The death of the celebrated discoverer o...
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Zfuvngn Tnipiugtiire
zfuvngn tnipiugtiire
, ' " July 19 , 1851 . 2 THE NORTHERN STAR . . „ ' ; ~ ^
France. On Friday Last Tbe Council Of St...
FRANCE . On Friday last tbe Council of State held an im « portant debate upon the bill ( or regulating the responsibility of the executive power . Three plat >» have been proposed : one hy M . Renneville , in strict conformity with tbe constitution ; the next by M . Rouher , tending to matte the President , as undt-r the monarchic system , an inviolable and irresponsible agent ; ihe third h y the committee , combining the character of the two others , in accordance wui . the spirit of the constitution . At the clnse of the
debate the principle of M . Itenneville's bill « a = adopted , in the course of the debate a question was mooted which is at the present moment of the highest importance , and stands in close connexion with tbe report of M . de Tocquevdle . The ca : e of lesponsibilitv was put , in which the Prejident should p rovoke tbe ' suhversion of the 45 th article of th . constitution . The hill of M . K < nnev : Ile would in this case subject the head of the executive to impeachment for high treason by tbe high court of justice . After a very animated discussion this clause of the bill was adopted by eighteen votes against
nine . In con sequence of the discoveries made by the seizure of the clandestine presses of the Committee of Resistance , M . Demosthene Olivier , member of the constituent , aud father of the young journalist recently killed in a du ^ l at Montpellier , has been arrested . M . D . Olivier had recently published a letter complaining of the search of his house by the police , and their abstraction of several documents in the handwriting of his son , while the bereaved father was in the first distress of mourning for his loss .
The presentation of II . de . Tocqueville ' s report will give rise to vi-ry animated discussions , not only on account oC the all-absorbing nature of the subject hut also in consequence of an alleged irregularity in the precipitate reading . In . fact , it appears to have been agreed in the committee that in consequence of M . Odilon Carrot ' s remarks tbe report should he modified and submitted to a fresh examination before the public reading . But this arrangement was not observed hy M . de Tocqueville . M . de Montalembert complains sharply that the opinions of the majority of the committee are not represented iu the report ; and he is going , it is said , to demand from the tribune that the minutes of the committee ' s debates be printed for distribution .
. In consequence of the publication of the bulletins of the committee of resistance in the conservative press , the ' Afonietir' contains a warning that newspapers which insert seditious manifestos will be henceforth prosecuted with no less rigour than if they seriously intended to propagate the doctrines contained in such publications . Three important members of the legitimist party , namely , 11 M . Berryer , JJsnoist-d'Azy , and de St . Priest , proceeded to Claremont to visit the relict o Louis-Philippe , relative to the fusion of the two houses of Bourbon . On Friday last M . Benoistd'Azy was surrounded upon his appearance in tbe Chaffibtr , bv a number of representatives , who
appeared eager to learn the result of the visit . The Bonapartist . version differs a good deal from that of the fusionists , the former party alleging t'lat tbe Duke de Nemours and the Duchess of Orleans were absent from the interview designedly , and that the legitimist trio met with a cold reception from the Que . m Marie Amelia . In the meantime there appears at the head of the ' Assemble National ' a sort of manifesto tending to neutralise tbe inferences unfavourable to fusion which might be drawn from the marked reserve of the Orleans princes , and to protest aeainst the positive construction attached by the ' Debats ' and other papers to such a negative attitude .
THE REVISION * OF THE CONSTITUTION " . Monday , Jcr / r W . —At half-past two o ' clock M . Donix , President , took tbe chair . Thirty members laid on the table petitions for the revision of the Constitution , and eleven petitions praying for the repeal of the Electoral Law . M . Dens next rose and begged leave to address 8 few words to the Assembly previous to the opening of the discussion . During the last sixty years , he said , Legislative Assemblies had been called to frame constitutions in place of those overturned
by revolutions . But this was the first time an Assembly had received that mission hy vinue of an existing constitution , although a majority of threefouribs was required for that purpose . The Assembly was accordingly in a totally new situation . The discussion should be serious and peaceable Parlies should be moderate , reserved , and listen patiently to theVr opponents , if they wished to be listened to themselves , always bearing in mind that the country was attentive to tbe discussion and would judge them . ( ' Bravo ! ' )
M . Payer then ascended the tribune , and sai " that he considered the Republic to be the Govern " ment of the country . It had been accepted by alb and solemnly proclaimed by the Constituent As " semhly on the 4 th May , 1848 . There was no government in Europe -whose origin was so imposing , m universal . An old King , he said , to use the expression of General Graromont , had suffered the crown to fall from his head . It was taken up by some generous citizens —( laughter)—not to keep it , as the 221 in 1830 . but to restore it to t he people , lie then undertook to pr ^ ve that the Republic offered as much stability as the Monarchist farm , and certainW more
security . To demonstrate it he recapitulated the ententes which had occurred during the four years of the reign of Louis Philippe , which in quality and qaantity —( laughter)—exceeded those of the first years of the Republic even including the sanguinary collision o f June , 1846 . which the Monarchy would not have had the same power to overcome . The Republic , to use i \ 5 . Dupin ' s words , was the sole Government practicable , and the only bulwark against anarchy . Under the Republic there were as many elements of prosperity as under the Monarchy ,
and he need only confine himself to compare the returns of the imports and exports —( murmurs)—of 1 S 49 and 1 S 50 with those of 1846 and 184 / to show that there had been an increase in favour of tbe republic . M . Payer then contended that the partial preposition he had presented for the revision of the Constitution would not be attended with the same fatal consequences as the total revision recommended by the Committee . What he proposed was merely to improve the Republican institutions . M . Payer then concluded amidst the noise of nrivate conversation .
M . de Falloux , who followed , said that be had been deeply struck with a few words written b y Louie XIV . The Monarch said that ' nothing shold be left to chance that could be achieved with delibs-raiir . u and reflection ; that the anxiety to win often made a player lose . ' F-.-r his part , no persona ! sentiment , induced him to ascend that dreaded tribune . X : > hope inched him to accept this meeting of parties , which had been assigned by the Constitution it ? el" . and which had neither been desired bv
him or his friends . The representative of tbe people who on this occasion was not actuated by disintfrej ' cduess aud patriotism was not an honest n . an . The rig ht of revision was contested by none . Nevertheless some demanded that the electoral law be first repealed . He thought its repeal should c-oms afterwards . Universal suffrage was daily attacked ay its most strenuous advocates . It v . as atlacked en tbe lath of May , the 23 rd of June , and the 13 th of June . Now it was Inndamentallv at .
tarked . hi . Girardin lost bis election at Pans because he re / used to place ibe Rrpablic above amversai fuu ' . age . General Cavairnac , be regretted io siy , was of thai opinion . M . de Falloux contetdrd that the Assembly bad a right to revise the Co ;; s = ! i :: ! ifin . A pariial revision was a mere illusion , i ' ogaia time should be no consideration . What they should look to was the foundation of a durable state ' f things . To found the republic , Republican smuts verc rrc ' . iired . (• Yi ? ry well , ' on the Right . M . Buivhart on the Leir , What do you mean by ¦• Ver , - weii ?* " Liuihtfi . ) To revise partially vmi ' d U te „ z nothing—less than nothing . His inf ants uVjpctpd . vhai a total revision would lead to Ji -narchy , ? Y , r * hich the coun ' . rv was not ripe Ibisoiije . iion was the stranger , a ' s two rears ag ., he heard - oi the
e .. me most competent Republicans C" \ « I f ; ? - vet ripe for tUe ReP «' j ! icthou ? ! , proper S « was not a child , a wa . d aader lhe pro * coca of a guardian , and these whi > Uiousfet so a : i . lf « ieil to her an insult against wh ch ne prst-swd . Political ni 5 n rather were not rip-. 'oro-mco - . ' ! . The red spectre , in the meantime wa = | iro .-r ? Sii :. g in swte cf the stale of sieae and I he sk 1 a : id ea < rgy of the Administration . Its » row > . h ' . as ' . he ivsu ' . t of the divisions on that tide of tin A-icm ' d . ( jjo ' n-h rg t * j the Right ) . The ifc pulhV , » a-: » i : . rats ** esman , is the form thu divides us i « t . M . de FjV : ; bi thought t 5 ; a ; it was the form t- 'at pe . mit : ii tr . en : « i ba longest divided . The ¦ p ' -tlry ¦ ad erjo . -ed that form for the last three ; r ; ir ? . ( Laughter . ) In bis opinion it was that
France. On Friday Last Tbe Council Of St...
- » i" . « -ii t hat ruined Fiaace , paraded her po » er , * »< i cundemned the party of order to impotence and t' » a state of Ipthargy , to which death wai pre . ferabie , M . de Falloui then referred to the inability of lift different governments , during the last forty »* ar ^ , to check the march of Socialism , which had in turn concaled itself under the appellation of L ' herals , St . Simonians , Republicans , and the prevni Kovf-rnra-nt « as as incompetent as the oibers for the task . The remedy , in bis opinion , lay in the Radical revision of the Constitution , and the -. iiiistttution of Monarchy for the Republic . But , all the factions of ibe party of order , obeying only h" voice of their conscience , should sincerely unite u , t the purpr . se . This disunion had sadly compromised the country . M . de Falloux did not contest
' be gr * st guarantees and the conquests favourable to liberty achieved by the revolution of 1 / 89 . But , he said , in a material point of view France had declined , whilst Prussia , " Russia , & c ., had grown in power , papulation , and prosperity . Europe was profoundly moved and alarmed . Russia , that Hercules in her cradle , as M Thiers caded her , was . l-. oked to by all for protection aitainst the invasion of anarchy and demagogy . Should Europe throw iiSrlf into her arms , it would be vain to proclaim
insurrecuon the holiest of duties . Europe will respi . nd to you that coalition is the most legitimate of interests . This will be ihe result of our divisions . The celebrated Hoche , at the head of the victorious army of the Sombre and Meus . feeling himself consunifd by pulmonary affection , and his end approach , said to his physician , ' Give me a remedy that is not repose . ' France js in the same position as ^ hai crbbrated General , but , more fortunate than his physician , you have th « remedy in your bands . Lose n time in applying it .
M . dg Mornxy next rose , and expressed re * ret at the necessity under which he was to separate ' draself from bis political friends . In the histo cd annals of France was a day called La Journee ( kt Dupes . He thouaht . tlnv . the present day mi ght tie called the Joumee des Masques . He wan ready to admit the delect of the Constitution , but th ise who spnKe of improving it were not sincere . He had not changed since the 24 th of February , when he was ready to devote himself for the salvation of a Prince , the object of his affections . The revision , in his opinion , was contrary to both the It -publican and Monarchial principles . lie neither ^ cognised the divine right of the Republic or of the
Monarch y * The present gove nment was neither one thing nor the other . It was intended to found a new Monarchy . He was a good Catholic —( laughter ) and the partisan of a real and sincere government . 11 * . did not love paganism , and should never adore false gods . ( Laughter . ) Before he became the champion of ibe Republic , and sacrificed to it his d-arest affections , he inquired into its origin and r- ' sults . The present movement of opinion was not the voxpopult , vox Dei . It was the work of the Administration , and he would prove it , M . Leon Faueher he admitted had uo part in promoting the signing of petitions . Nevertheless tbe Prefects of several departments tint , particularly at
Tulle aud Avignon , and it was evidently in consequence oi the resolutions adopted b y thoss funcii maries that the petitionnanent commenced with unparalleled violence . ( Laughter . ) What wjs the conduct of tbe government ? Did it reprimand the Prefects ? No ! He would ask the Miuisier of Justice if he recalled to the respect of the lav / s he Mayor of Clermont , who at a recent solemnity sddressed an unconstitutional speech to the President ? If the prolongation of Louis Napoleon ' s powers was to he sancthned by an election , what should the government do under tb »? e circumstances ? The Presidential press had agitated the country by frightening it with the pliantasm of the red spectre , and seduced it by describing the prolongation of the President ' s power as the forerunner of the
golden age . Those petitions did not contain the expression of public opinion . They were all copied on the same model . The signatures affixed thereto did not exceed 1 , 300 , 000 , and he would ask if that number represented the opinion of 35 , 000 , 000 of mm—( lauitbter)—or , if the Assembly preferred , of ih " . 6 000 . 000 of electors ? Notwithstanding the significant speech of Poitiers , and the myotic speech of Beauvais , hedtdnothelieveinacottjDd ' eVa < , because he did not wish to insult the elect of six millions of Msff-anes by believing that he could violate Hie oath he bad solemnly taken in tbe face of the world . An 18 th Brumair was no longer practicable . There existed no analogy between the two periods , the men and things . In conclusion , be declared that he should vote , for the present , against Ihe revision .
General Cavaignac , who followed , said that be felt bound not only to prove himself the champion but the second of the Cortstimtion . He had us-d the expressions cited by M . de Falloux , and would develop his system at the tribune . If be opposed the revision , it was because he did not wish the country to traverse against the same collisions and tbe same dangers . No parly could triumph singly , and if At . de . Falloux wished Fiance not to succumb , he should give the victory to all , and not to a party . Monarchy was nr > longer possible . —( murmurs on the Right )—for it bore in its bosom the germ and principle of its destruction . That principle which
once constituted Us power , and was now a cause , of weakness , w as the dynastic interest . The Revolution had overcome Monarchy in Ausust , 1792 , July , 1830 , and February , 1848 . ( Murniiirs . ) M . de Falloux had said thaVhe believed in the Divine , right of the Republic . That appellation was not his . It was invented by its adversaries , who , knowing ( bat institutions of Divine right enjoyed little favour in France , and thus stigmatised the Republic . He would tell M . de Falloux that a government that allowed its principle to be discussed was verging to ruin . For his part he could not admit the right of a Constituent Assemblv to decide in favour of
Monarchy , and he had been happy to find the great majority of the Committee concurred in his opinion . It was a victory be little aniicipated . When you have established your monarchy hy virtue of the principle that the people have the power to do as they like , will you allow us to come here and propose to appeal again to tbe people to dismiss their monarch ? If you say yes , I take the liberty of telling you that you do not know yourselves . ( Laughter . ) Show me a monarchy which shall not be a negation or an abdication of the great principle of national sovereignty , and then I will allow you to discuss the liberty of tbe Republic . You may perhaps speaVt of tbe national sovereignty expre .-sed
ia the character of 1830 . That was a false national 8 tvereigmy , recognised for an hour , just long enough to commit suicide ; the true sovereignty is that which cannot deny itself , cannot abdicate . If you say that national sovereignty is only an accident , ti en indeed the Republic is but a form ; but the moment you admit that sovereignty to be a principle , you admit tbe Republic to be a * right . I proceed i . ow to examine the question of revision . To those—and they are the greater number—who in demanding revision wish to ameliorate the Republic , Tsay that we have never asserted that the Constitution was perfect , but if it is to be revised , it should be done impartially , and in a
moment of tranquillity . Is the country now calm ? Tou daily tell us tho contrary , to justify your repressive laws . Is public opinion calm ? An examination of the public journals which would impose the revisioa upon us , would show tho present epoch to be imbued with a spirit of aggression againet the law . Is this assembly calm ? No ; for it is not firmly confident in its own power , and has been told as an argument for revision , that tbe law which it would maintain may bs overturned in spite of the Assembly . The demand for revision cannot be based upon experience , for we s ; iy that the constitution has never been fairly ti ied ' . The arguments agakibt the constitution arc those , and no others ,
widen were brought forward in 1848 . When we see what you have done under this constitution , wemay iastiy feel alarmed when we think of what you would ( io with one of your own mnk-ng . lias the constitution hindered you from passing laws against the right of public meetings ? against the press ? against universal suffrage i Surtly iu these respects revision cannot he necessary for you . A second chamber has been askc i for , and we are told there is a natuiv . l aristocracy , an arist cracy of genius , an aristocracy of services rendered , of experience acquired . So thought our fathers ; and framing a constitution on that principle , they compromised iiberty and prepared the way for . usurj .-ation . Before we consent to hare two chamber * v . o must set rid oi all royal and imperial pretenders ;
ire must be assured that another aristocracy , which wo desire not to have , will never seat themselves upon the benches which we should provide for a natnralaristocracy . Till then we uill confide the preservation of therepubiic to the concentrated energy of a iiiigle Chamber . Against Art . Id , the eximtilc of the United States aiiil Washington is cited . Fr . mic h : is not yet fouinl a Washington . In the Meantime , let us keep our Art . 45 . It is cur palladium . The j'lolotiaat ' . oa of the term of tho President ' s power is demari . iet : s ; i the name of s-tuUilUV . Does that nitttti t ! ,.- otnbiiiry of eovemmciit , or of those who exercise : t : h is this latter stability which has destroyeu yd ; fc » jjovonmu-hts of Fn ' mco for the laM . s : s . tv years . 1 aiu far from iiitcitditi <; anv person :., rv . tr . ncat . e : . to the President cf the " Republic ^" w ^ V ** i Prolongation u the first and tohua . top te *« rd » Mwpattgn , which ia what wo
France. On Friday Last Tbe Council Of St...
will not have . I come now to those who ask for the revision in the hope of destroying the republic . They complain that the constitution is a work of suspicion against the President of the Ropublic . I do not deuy it . It iB a work of distrust , not of his person or of his character , but of tbo pretensions which he is supposed to entertain . The constitution was right to be distrustful of its enemies For those tO Whom I now speak , the republic can produce nothing acceptable . Tho constitution is good io our opinion because it is bad in yours , because it is an obstacle to your projects . A hundred times over , we do not say that it is perfect , we will consent to have it revised whenever we do not see monarchy concealed behind the revision . The constitution will issue triumphant from tha present ordeal , and those who now most furiously attack it will perhaps one day be too glad to seek for themselves in the constitution a protection which italone can afford . ( Much applause on the Left . )
Tuesday . —In tho sitting of the National Assembly this day , M . CoquBRKt , a Republican member of tbe Tiers-parti , made an effective speech in favour of revision . He said , on opening the resumed debate , that he should grapple more closel y with the question , particularly aa related to the possible re-election of the present President . He began by refuting the doctrine of Cavai gnao , as to the sacred immutability of tbe Republic . Passing in review the interests and opinions of different parties , he endeavoured to prove that all of them were equally bound to admit revision ; the Orleanists , because the government of July was based upon the national consent ; the Legitimists , because they now admitted that the right divine ought to be confirmed by
the popular sanction ; tho Republicans , because , notwithstanding the doctrines asserted by General Cavaignac , the essence of the Republic lay in consulting the will of the people , and in obeying the dictates of that will . For his own part he had long been a Republican , and believed that the Republican principle would eventuall y triumph among all nations . He demanded the revision of the constitution , to restore to the nation its complete unshackled liberty . Although he foresaw that Louis Napoleon had a great chance of-being re-elected , not less on account of hia being at present in possession of power , than because his name was the only one universally known in France , still he ( M . Coquerel ) was far from desiring tho renewal of the
President s authority . But he thought that the probability of his being again tho elect of the people , would be greatly increased by the refusal of revision . He ( M . Coquerel ) would greatly regret such a result , not because he was insensible to the services which tho President had rendered to the country , but because it wag inconsistent with democratic institutions to continue , under the Republic , power in the hands of one who had the fault of being a prince . He concluded with expressing the hope that France , who had abandoned herself once during the saturnalia of ' 93 , would retain upon tills occasion all her self-possession , and save herself by the wise use she would make of her sovereignty .
This speech made considerable sensation in the Assembly ; but was bitterly complained of by tbe Legitimists , of whom the greater part protested against motives attributed to them by M . Coquerel in demanding revision . Tho vote of legitimists in favour of revision was not to bo considered , they said , as an admission of the sovereignty of tho people . Tho tribune was next occupied by M . Grovy , who brought his speech abruptly to a close , and descended from the tribune without having fully explained his meaning . After a suspension of the sitting , M . Dupin announced that M . Grevy desired to continue his speech on 'Wednesday .
ROME . Advices from Rome dated the 4 th inst . state tl » at since the departure of his Holiness for Caste ! Gandolfo , which look place on Tuesday , the 1 st at half-past five , p . m ., the gossips of Rome have been inventing a hundred stories to give the jaunt a character of immense political importance . Tbe most accredited version of the Pope ' s motive in going to his country residence is the desire he entertained of holding a conference with the King of Naples , strictly private and confidential , which , - of course , could not have taken place in Rome without all the world being set wondering at it , leaving out of tbe question the very s ' . rong aversion which bis Bourbonic Majesty is said to feel for the interior of ihe Eternal City , now that it is garrisoned by the troops of the French Republic .
Orders were received at the Minister of War ' s office ou the 2 nd inst . to send out seventy dragoons towards Albano ( independently of th « Pope ' s escort ) where they would receive instructions as to their ulterior destination . On hearing such a mysterious order tbe major of the regiment determined to go in person , and when be had got to the Fraioechi , about three miles from Albano , where the road turns off to Porto d' Anzio , he was met by a messenger from Cardinal Antonelli , who deli vered him a packet of instructions , directing him to take the road to Porto d' Anzio , to leave thirty men under a lieutenant , half-way , and to go on with tbe remainder to the town to meet bis Majesty of Naples , and escort him to Castel Gandolfo .
Small parties , under non-commissioned officers , patrolled meanwhile up and down , to keep the coast clear . The intelligence of the King ' s arrival appears to bave been somewhat sudden , since Cardinal Antonelli , with another escort , set off from Rome on the everting before last , two hours after dark , and went at otice to the sea caast , to wait on his Majesty on his landing . An interview took place yesterday between the two sovereigns , who dined amicably togetfcer at the Pope's suburban palace , whither King Ferdinand repaired post hastef rom Porto d'Aazio , at which little seaport town he had arrived the evening before . Most of tbe ministers left Rome to be present on tbe occasion , and it may be easily imagined what a sensation the event produced in
this city , whose fate to a certain extent may be considered to depend upon tbe colloquy . The subject of the conference is supposed to he the mode of carrying out Cardinal Antonelli ' s plan for deliverin « Rome from the presence of the French . The project at present stands thus—The Austrians are to retire from the northern provinces as far as Bologna , which city they would occupy , leaving tbe rest to the papal troops . The French are to leave Rome , and hold Civita Vecch ' m only , whilst King Ferdinand offers 10 , 000 of bis soldiers to garrison the Eternal City . Will France consent to this ? There ' s the rub . In other respects the absence ol the Pope has produced no change whatever in the state of Rome . Ou the 2 nd inst , the day after his Holiness ' s departure the coronation of the Madonna , a ceremony to r . hich the cardinal vicar had called the attention of the people by repeated edicts , termed inviti sacri , or sacred invitations , took
place at the church of Sant' Agostino , amidst an immense crowd of persons of the lower orders . In the last of the sacred invitations , his Eminence de . clared that Rome waa an especial object of the H ( . ly Virgi ' ns affection beyond all other cities . ' It is undeniable , ' writes the cardinal , 'That the mother oi God mercifully extends her tender prolection over all the people of Christendom ; but it is also proved that Rome is really the inheritance of tbe Lard , in which ihe most holy Mary in special manner has fixed tbe residence of her mercies . Thence it happens that the whole history of Christian Rome is a history of the tender affection of Mary towards her , and o ( the gratitude which the people feel in return . ' The Cardinal Dean and Chapter of St . Peter ' s performed tbe ceremony , crowning the statues of the Virgin and infant Jesus with I wo magnificent golden diadems , enriched with jswels amounting to the value of several thousand dollars .
ITALY . A concordat concluded between Rome and Tuscany , and which does away with many guarantees decreed in the last century against tbe authority of the church by the Grand Duke Peter Leopold , has just been published . Tbe leading points are : — ' Article 1 st declares , that tbe ecclesiastical authorities are perfectly free in the exercise of their sacred .-ffice , and that ibe lay authorities are to aid them in tbe protection of morality and reli gion , and in tbe maintenance of the epitcopal authority . Hy Art . 2 tosheps are perfecily free io publish whatever docu ir . ents relaic to their functions . Art 3 provides ( hat ( iie hisbnps alone shall have the tight of censorship over works treating oxprofem of religion , and shall moreover have the power of warning , their flotk io avoid reading any book they may consider contrary to religion and morality . By Art . 4 ,
bishops shall appoint , those they may think proper to prr-acli within their dioceses . By Art . 5 , all communications o tbe bishops and the faithful with the Holy See shall he free . Art . 6 admits tbe ri ght ot lay tribunals ( o take cognisance of civil cases telarinar to the person * and properly of the church . Bv Arr . 7 , allcas-s relating to the faith , tbe sacraments , and uthfr matters belonging to the spiritual jurisdic lien by the sacred canons , shall be deferred Io the ecclf > sin & t cal authorities . Nevertheless ( Art . 8 ) . lay tribunals may take cognisance of mailers coilcHtn ' niK lay burner ? . l ) j An , f > , the ecclesiastical tribunals shall tai . fi c . ignisaiice of matrimonial casts in so < ar as the validity of ihe bom ! is concerned : the lay tribunals may , however , judge the civi questions connected with such cases . By Art . 10 the Holv See , consents to let ecelesiasiies be tried bylay tribunals in criminal casea not connected with
France. On Friday Last Tbe Council Of St...
religion j if condemned , they are to suffer their nena lty in distinct prisons purposely set apart tot ibem in the prison establishments of tbe state Tlte ecclesiastical tribunal shall , however , take cognisance of religious crimes , such as apostacy , heresy , schism , simony , the profanation of sacraments , & c . and pronounce canonical penalties , the execution o which shall be claimed by the bishop from the lay authorities . By An . 11 , lay tribunals shall onlv be c ompetent to inflict fines upon ecclesiastics detected in the perpetration of minor offences aeainst ihe revenues , the game laws , & c . Art . l & , nrovides that , io the case of provisional arrest and imprisonment , prints are to be treated w , th a due regard to their office , and private rooms provided
for their reception . By Art . 13 church property is under the control of the bishops and rectors thereof . By Art . 14 , in case of vacancies , such property is to be p laced under the management of a mix « d commission , composed of priests and laym « n . The proceeds of such property during the vacancy are to be app lied to the churches of the Grand Duchy , and no long leases are to be signed in the interval without the consent of the Holy St-e . Art 15 provides that in the case of legacies to the church establishments , or of derogation from peculiar provi . sions , for the purpose of changing the destination of ecclesiastical property , the secular and ecclesiastical authorities shall act in concert , according to circumstances , reserving always the rig hts granted to
bishops bv the Council of Trent . ' I his document . bears the date of the 25 th of April , 1851 , and is signed by Cardinal Antonelli and Signer Baldasseroni , the Tuscan prime minister . We learn from Turin that the proceedings against the sons of the late Lord Ahlborough , in Tuscany , excite great interest ; everybody is anxious to know what the English governm ent will do to prelect three English gentlemen . They are under accusation of aiding and abetting the plans of conspirators against the Tuscan government , and surely their character as Englishmen cannot protect them against a legal trial and punishment according to the laws of the country where they live , and where they are accused of having committed the crime of high treason . No doubt they are liable to all the legal consequences of their deeds , but wo
know that , according to the criminal legislation of Tuscany , all the trials are public , tho publicity of the courts being one of tbo remnants of Iialian liberty throughout the peninsula . The inquisition alone was , by exception , a secret tribunal , and to this day the state trials are public even in Haples . But in spite of the law , tbe proceedings against the sons of Lord Aldborougb are secret , and they are to be tried , not by Tuscan judges , and according to the laws of tbe country , but by an exceptional tribunal—by a secret court-martial , and even this court-martial is not a Tuscan , but an Austrian one . On the public authority of the Duke of Wellington , we can aay that martial law is no law at all ; but of all courts-martial the Austrian is the worst . It is enough to know how it ia constituted to see that the administration of
justice by such courts is a derision of justice . The chairman is the major : a captain , two lieutenants , two non-commissioned officers , and one private , all commanded to the trial , are the other members of the court . The judge-advocate ( in Austria he is called auditor ) makes the inquest , pleads , and proposes the punishment ; no counsellor is granted to the defendant . The opinion of tho judge-advocate , the only person in the court who knows tbo details of the case , is therefore equivalent to the sentence , so much the more , as thejudges , if they happen to have a different opinion , are obliged to give a legal reason for the difference of their opinion , and the judge-advocate overrules their demurrer Moreover , the court is not bound by the laws of the country , as is the case in France ; but the proclamation of the general , who declares the country in a state of siege , sind its interpretation by the judgeadvocate , is the only law .
Such being the case , the fate of three Englishmen rests entirely in the hands of an Austrian judgeadvocate ; and the English consul , Mr . Scarlett , has yet been unable to obtain the authorisation of being present during the inquest , hi order to ascertain if these English subjects bave committed a felony . Everybody who knows the brutality of tbe Aus « trian officers , and their profound hatred against every Englishman , must be horror struck at the idea that Austrian officers should bo the judges of these poor men ; it is as if thoy were in the nower of the Khan of Bokhara , who murdered Colonel Stofldart and Connolly .
Yankees are treated in a different way , even by Austria . About the same time when the sons of Lord Aldborougb had been arrested in Leghorn , an American tourist was imprisoned in Hungary for having spread seditious pamphlets . These pamphlets turned out to be the well-known correspondence of Mr . Webster with Mr . Hulsemnn , the Ana . trian c / tar ^ e d'affaires in America , and surely they are as strong as any publication of the Leghorn clandestine press Thestyle of Mr . Websternot being in strict accordance with the European diplomatical language , and saying plainly the truth , the correspondence is naturally treasonable in the eyes of every Austrian judg e-advocate . But Mr . MacCurdy , the " American chargt d ' affaires at Vienna took a very different view of the " matter . He wrote im . mediately to Prince Schwarzenberg , and put him tbe alternative , either to release the American
traveller , pledging himself that hi . s countryman would not avoid a legal trial , or to send to the charge d' affaires his' passport . The prince objected that tho inquest is not yet concluded , but Mr . MacCurdy insisted , and the prince yielded . The American is free . Were the prisoners of Laghorn but Yankees , or had we a Mr . MacCurdy at Florence we would not fenV for them , but our Secretary of Legation , Mr . Petre , courts Cardinal Antonelli at Home . He does not care whether three Englishmen are imprisoned in Leghorn , and handed over to the couvt-martial of a foreign power which hud no more right to exercise a jurisdiction in Tuscany than England has . To enforce the very questionable claims of tho Gibraltar Jew , Don Pacifico , a squadron was sent to the Pirajus ; but the sons of Lord Aldborougb have not tbe good fortune to be Gibraltar Jews—they are but Englishmen . '
For those who do not know tbe brutal insolence of Austrian officers , we mention here that womanflogging is up to this day nothing unusual with them . Lately a young woman of Perugia , Maria Biagio , has received publicly twenty-five lashes by order of the Austrian court-martial , for having spoken against the Austrians . Tbe Austrian officers think flogging the most convenient punishment for such offences ; but tho Italians have a different notion of honour , and two days after the execution placards were posted every where threatening every commanding officer with the poniard who would dare to inflict flogging on political offenders . The military commander of Lodi took no heed of this threat , and was stabbed . There is not the least doubt that such scenes would daily happen had not the agents of Mazzini exerted all their powers to prevent such crimes , and to restrain the outbreak of personal revenge .
PORTUGAL . Advices from Lisbon dated the 7 th inst . state that on the afternoon of the 3 rd , tbe ministers had a meeting at Saldanha ' s house , when he frankly told them that his generals bad abandoned bim , and the slate of things was fearful . On his asking their advice , they told him they had already given it many times , and he had not taken it . They then left him , aud proceeded to tbe palace and tendered their resignations ; at which the Queen was extremely surprised , and it is said disliked it much ; but as tbe situation was unsustainable , there was no resource ; three of the ministers are therefore p olitically dead—Pestana . Franzitii , and Sotire , and two , LohIc and Jervis d ' Atouguia , dying ; there fore , if SaUlanha survives , as it is said he is illhe falls into the net so long prepared for him .
To trace tbe causes of these sudden events , it is only necessary to refer to the electoral decree . It was too liberal in the consideration of the party of intrigue ; that party caused dissatisfaction by their representation that it had its origin in the Septembrists ascendancy , or generals commanding divisions colonels in command of regiments , and government contractors wouid not have , been declared ineligible ; this brought upon Saldanba nearly the whole of the influential commanders and tbe ' monied interest , vfht ) comW scs no Wag but a constant move ' towards sentiments of a democraiic nature , while he . v . a « Ui'iil M ' . h his ( violated ) promise to support the Cartiita influence ; this powerful array could not he withstood , and consequently it may now lu considered that Portugal stands in tbe
position of 18-1- ' , with only this difference , that the events which followed that period are matters of history , while now each one looks round and asks what will be done ? To this , of course , no positive reply can be given , but the majority think that the electoral law will be revised , and the grand march will l » c through the high road of Cartiani to the sMT . icatiug and gagging road of Cabralism . PunJicr account ! . :-t >\ tc " tl-at the ministry is formed : Saldanba . War and President ; Rodrigo Magalhae ? , Interior ; l ' r & n' / . iiii mmainsaith Finance ; and Jervis d'AtimiMiin , I'lire ' iRli Affairs ; Pontes Pireira de TMcUn . Mavmu ; ttisbw of Algnrre ; is nominated t » . li , r ! irr . ami Kcclcsiastical Affairs , but , not being here . ih » portfolio is reserved for him .
SPAIN . On tie : > ., ') it : ;* , euuonlinaiy neasures of protuition *«« * hM ? a j n ccasequence of alarming
France. On Friday Last Tbe Council Of St...
mt ^ lligence received by the authorities concerning a prnj-cted emeute . The night , however , passed off qunfl calmly . The President of the Council , having been interpellated upon this subject , declared that the precautions had been taken to preserve tran-On the 10 th inst . Colonel Zucchi , a Swiss , who has served in Italy and Hungary , and was present nt the battle of Novara was arrested .
GERMANY . Tbe ' Prussian Gazette' of the 12 th inst , contains the following important declaration : —It announces that France and England have protested at Frankfort against the continuance of the Prussian provinces and of Posen in the gonfederaiioiii as also against the total incorporation of Austria . Prussia herself desires tbe . separation of tbe Prussian provinces and of Posen ; but , in concert with Austria , she has declared that this question , as well as that of the total incorporation of the last-n-med power , are two internal questions for German ) , and that no foreign power has a rig ht to interfere .
. . A circular of the Prussian Minister of the In . tenor invites the presidents of the provinces of Brandenburg , Prussia . Silesia , Saxony , and Westphalia to proceed forthwith to tbe filling of the places of deceased members of the provincial Diets , as also of those of members resigning or having resigned .
AUSTRIA . A telegraphic despatch from Vienna , dated the 10 th inst ., says : ' —A decree on the press has appt-ared . In substance it decrees that all foreign periodical prints may be forbidden at a moment ' s notice . Austrian- prints can only be suspended after a notice g iven two months beforehand . They may , however be suppressed instantly by a ministerial order . '
HAMBURG . Our Hamburg correspondence , of the I 2 th inst ., informs us of the arrival in the Holstein cantonments of a detachment of 600 Austrian troops to relieve a similar number which are being draughted back into Austria . Several persons who arrived at Hamburg from London have been arrested at the request of the Governments of Austria and Prussia . D omiciliary visits , too , have been made by the Hamburg police , who have examined the papers and letters of suspected persons , aud who , ' not finding anything , ' our correspondent assures us , confirmatory of the suspicions entertained , have arrested the owners of the house ? for that very reason . "
This conduct has excited the greatest indignation throuahou t Hamburg . It is , however , said that the King of Hanover has refused to lend himself to such proceedings , and that he has firmly resisted the overtures of foreign powers , who promised bim a reciprocity of prosecutions against persons suspected of political offences . Great disgust , too , has been excited by the decree of the Austrian government , prohibiting the use of aoy books in public and other schools that have bpp . n written by Protestants . Accounts from Copenhagen of the 11 th inst . state that the Ministerial crisis continues , and no authentic rumours have transpired as to its final result .
INDIA . By our usual despatches in anticipation of the Indian mail we bave news from Calcutta to tbe 2 nd , Madras the 9 th of June ; Hong Cong the 23 rd , and Singapore the 31 st of May . There is no Bombay mail . Simla , says the' Madras Athenaum , ' at present holds within its cool retreats the greater portion of the official aristocracy of India . The Governor-General and suite ; the Commander-in-Chief and staff ; the Lieutenant-Governor of the North-Western provinces ; the magnates of the Punjaub with an exceeding great army of collectors ,
magistrates majors , and captains , bave all sought shelter on its bracing heights from the lassattude of an Indian summer , and the still severer exhaustion of arduous official duties . As for the lesser-gubernatorial lights , the Governor of Bombay has been recruiting his flagning energies on the breezy bills of Mahabuleshwur j while Sir Henry Pottinger seeks rest from the dust and excitement of Madras , on the quiet banks of the Ennore lake . How admirable and beneficent the provision of nature that has thus placed at accessible distances from each seat of government some quiet shady spot of cool retirement , where the dying sound of wearisome politics
Falls a soft murmur on the uninjured ear of tbe exhausted statesman . But for this opportunity of occasional recreation , bow many a valuable life might bave been sacrificed to the Herculean labours of an Indian government , The news from the north-west frontier is of a more pacific character than it has been lately . Tbe hillmen are all quiet ; no apprehensions of any immediate outbreak are entertained ; and all our own troops have been withdrawn from the advanced posts to which they had been moved in expectation of an outbreak . Let us hope our unruly neighbours may after all prove more reasonable than we have been anticipating .
At Lahore itself , the military hospitals are last filling with English soldiers labouring under fever . It may be remembered that last year this fever , supposed , without doubt truly , to be generated b y the miasma arising from the stagnant water in the numerous hollows about Anarkullee , laid prostrate great numbers of our brave soldiers . Government bave , however , placed between two and three thousand rupees in the hands of the sanitary committee for tbe purpose of its being employed in the removal of these and other causes of unhealthiness .
It is now doubted whether the expected visit of the Governor-General to the capital will take place or not . His lordship ' s mind would appear to he rather changeable ; his present inclinations being understood to be in favour of a trip to the more agreeable climate of Cheenee . Sir Walter Gilbert has arrived at Calcutta . From the Nizam ' s dominions there is nothing new . From the kingdom of Oude our latest advices are dated the 23 rd of May . The Zemindar of Kuppradeen has evacuated that fort , but has now fled into another stronghold . Captains Magness and Bunbury have cannonaded it for nine days , and at last shotted him out . Lucknow has just been the scene of a most riotous proceeding , causing the loss of more than twenty men killed and wounded . The scene of action was at Hosseinabad .
During tbe storm with which Southern India was visited in the commencement of May , the bridge in process of construction over the Cauvery , near Trichinopoly , sustained serious damage . The progress of this important and expensive work has been singularly slow and unfortunate . People are beginning to surmise that a change in the engineering department would not be unadvisahle . The marriage of Nuddeem obi Moolk Bahadoor , adopted elder brother of his Highness the Nabob of the Carnatic and son of Shurf ool Omra Bahadoor , with the daughter of Goolam Jeelanee Khan Bahadoor , who died at Mecca while on a pilgrimage there , has created some stir in Madras .
CHINA . The accounts from Canton , with reference to the disturbances in the neighbourhood , report that they continue to be very serious . All the efforts of the government have hitherto failed to put them down . It would seem that more than one-half of the entire province of Kwang-si is in possession of tbe banditti and their chief , Tunteb , along with the principal towns , and the command of the navi . gation of the Pearl river . This circumstance suffi . ciently accounts for the depressed state of trade in Canton , and for the injury sustained thereby both by Chinese and foreigners .
The Government of Pekin has appointed three high functionaries to visit the urovioce , in order that it may become informed of " the actual state of matters . At the same time a considerable sum of money has been drawn for on the Canton province , and a large bod y of troops thence and from other provinces have passed on to the scene of dis turbance . fl i , 2 Vono a \ TpelU ' , on for P riz"s ^ Canton by about 3 , 000 of the literati occasions there- at present considerable exciten ent .
( At Hong Kong there was nothing stiiring . The l'rieiid of China ' says . _« We have again to report upon the improved health of the troops i „ garrison . T the prt ^ entdate there have been only three deaths in both European and native regiments with a sick list „ ow numbering fortv-two . Um contrasts favourablv with the sanitary ' report ¦ or tbe mouth of May last vear , when fifteen deaths » er « recorded . General Jeivais is directing his attention to what niy tend to amuse the men , is relaxing some of their restrictions , and endeavouring to dissipate in some measure ihe monotony of their lives .
SINGAPORE . The Ovtrland Mail brings advices and journals from Singapore to Jane 1 . The cholera * which
France. On Friday Last Tbe Council Of St...
had b .-oken out some six weeks prevmuily , j , . mated to have swept away nearly one thousand persons , Malays , Chinese , and nativei ol [ n ( jj . At the date above mentioned the disease had sub ' sided , but on the Malayan peninsula the m . ^ fear ] ful ravages were being made , espnciall y tin „ nMj the inhabitants of Calantau , Trintanau ( and Pahan ? The cholera had likewise-broken out in Siam ana Cocnin-Cnuia , where its ravages were uim mt g 4 tej by medicine , reliance being placed in charms to stay its progress . Complaints w * re made ( 1 ( ^ . great number of tigers on the island of Singap 0 re . many persons had been carried off by thi-ae . beasts ' and the utmost consternation
prevailed aroonnat tha cultivators whose plantations are chiefly surround ed by dense jungle , now in course of being cleared bv convict labour , bat the work necessarily pmc-ed with much tardiness . We observe a great faliin off in the annual immigration of Chinese , am . omui ? to one-third of the number which arrived m th previous year . In 1850 only 8 205 arrived ; 3 54 / in twenty-five square-rigged vessels , ami 4 . 561 bv twenty-one junks . On May 4 ih the new Governor . General of Netherlands India , arrived in the mail steamer , and shortly afterwards proceeded in a Dutch war steamer to the seat of government at Batavia .
CANADA . A motion has been made in the Legislative As . serably , by Mr . Mackenzie , for the abolition of the Court of Chancery , with a view of investing equity jurisdiction in the law courts . The motion was resisted by the ministry , but the court was feebl y defended by its advocates , who could allege nothing in its behalf except that it had not yet had a fait trial under its present constitution , The members of the bar were unanimously opposed to the court on the ground of its enormous expens-es and ruinous delay . The motion was finally lost b y a vote
of 34 to 30 . Great complaints is made that the question was decided by the votes of Lower . Canada members , while the court is confined to Upper Canada . The bill introduced into the As . semhly by Mr . Ross , far vacating the seats of , raembr-rs who have been guilty of treason , has been modified by the mover . It now has only a prospective reference . . Letters from Canada announce that Attorney . General Baldwin had resigned his office , on account of being deserted in the vote to abolish the Court of Chancery by the Upper Canada members . Lord Elgin , who was entertained at a public dinner at Toronto to promote British America n railroad enterprise , had delivered a long speech oa reciprocity .
UNITED STATES . On Sunday last the British and North American Royal Mail steam-ship Niagara arrived in the Mersey , from New York direct , which place she left on the 2 nd inst ., with the usual mails from tha United States and the British provinces , and baring on board ninety-five passengers , and a large amount in specie on freight , with a good general cargo . The news b y this arrival is more than usually scanty . The ' New Turk Tribune' reporis that ' everything is in a state of Midsummer tranquillity . ' Some interest has ben excited in New York by a requisition from Mr . Btilwer , the British minister
to tbe United States government , for the extradi . tion of a deserter from the British array in New Brunswick . The accused is charged with stealing sundry arms and equipments , in order to make his offence indictable under the conditions of tbe treaty . He is a man of some intelligence , and conducted bis own cause at the primary examtna . tion with a good deal of shrewdness . The deci . sion of the court had not been rendered , but it was supposed that the accused would be discharged . A large meeting of the friends of Mr . Webste had taken place in Virginia , at which the British Minister was present , and where his health was proposed in the following terms : — ' Our distinguished guest , the learned and accomplished Minister from the Court of St . James ' s , who upholds the dignity of his eminent station , guards the interests of hfif
own people , and wins the good will of ours . ' ( Loud cheering and applause . ) Sir Henry , in the course of an eloquent address , acknowledged the compli . ment , and made the folio wing observations : — ' If you Wbh to know the value of health , you roust not ex « pact to ascertain it from inquiry of the strong and robust . It is the invalid who will tell it to you ; and thus it is with nations . If you wish to learn tbe value of national power and national greatness , you must ask the question of the Pole , the Venetian , the Genoese ; of the people who , owing to their divisions and their weakness , have lost a national existence ; or you must direct your inquiry to the people of those small states in Europe or America which still exist , but while they enjoy the name of independence , are alternately under the dictatorship of domestic factions or foreign force . ( Applause . ) Honour , then , to the man who collects from tha
aggregate wisdom of a great community a sufficient moral power to assuage local passions , and keep within appropriate limits party discontents . ( Applause . ) For my own part , gentlemen , whether as regards the union between the different states of this federal Republic , or whether as regards the union between us Englishmen and you Americans , or whether as regards tbe union between woodland and waterfall , and good cheer and good companyi or whether as regards the best and closest of all possible unions—that between warm hearts and willing hands—I declare myself professedly and em . phatically a union man —( great applause)—and , ai such , have enjoyed your festivity , partaken of your sentiments , and now beg to leave among you ray kindest thanks and most hearty good wishes / ( Three cheers for Bulwer , and shouts of ' Bulwer for ever . ' )
New York journals report the release of Welsh , the deserter , claimed b y Sir H . Bulwer under tha Ashburton Treaty . Tbe steam-shi p Arctic ( United States line of vessels ) arrived on the 15 th at Liverpool after « rapid passage across the Atlantic . She sailed from the port of New York on tbe 5 th inst ., three days after the Niagara . TUe number of passengers is 123 , and the amount of specie 986 , 000 dollars . There was little to report of business generally at New York , the excitement connected with the celebration of the anniversary of American independence fully occupying tbe public mind ,
From California we have accounts to June 1 st , received by the United States' steamer Prometheus , at New York , with Chagres mails of the 23 rd ull . i and advices of the receipt of 3 , 500 , 000 dollars ia gold dust at Panama from San Francisco . an Francisco is rapidly rising from its ashes . From the mines the accounts are very encouraging , lleports come in from the mining regions , and the amount of dust shipped shows that mines have not given out nor run short . The mercantile interests was not recovering so rapidly as was expected after the late fires . Late advices state that the provinces of Pasta and Turquerres ; , were in rebellion against Bogota , and Ecuador was likely to join . A battle " had taken place , in which the ' rebels had been defeated and fled to Ecuador .
Valparaiso dates of May 24 th had been rec eived by the British steamer Zs ' ew Grenada at Panama . Many parties had been arrested for participa tion ia recent riots , hut trials had not taken place . The New Granada had 800 , 000 dollars of silver on board . Tbe accounts of a battle between the Domini ^ and Haytians , t n the 30 tb of May , are confmsea-The Haytians were defeat ! d .
Dporcfp #Usccuan».
dPorcfp # UsccUan » .
The Death Of The Celebrated Discoverer O...
The death of the celebrated discoverer of & e daguerreotype took place suddenl y at Brie , avi ! lag e near Paris . He distinguished himself early a $ a scene painter hy the happiness of his tffects of light and shade . ' The Chapel of Gifiiitliom , at the Arabigu , the . Rising <> i" tl e Sun in Les Mexican !? - were saluted by the audience with enthusiastic » P " plause . His inventive genius then erect ' d Sbe Diorama . Every one remembers the series oi
enormous pictures of c thedrats , of Alpine scener > . producing almost the < ffect of illusion upon the spectator , and diversified hy magical changf- ' , of light , which M . Dagiterre exhibited in the Regent ' spark . Later , he . succeeded in immor talising fc > 3 name by fixing the images of the camera obscura . and realising in an instant effects which leave , at an immeasurable distance the moM elaborately finished cummins ; . Cardhiai Wiseman , with his "rand vicar . >&"• Searl , visited the principal eltuvclks and buildings of Caen on Sa turday last . At t he library , he wrote , in the book of autographs , "In rem embrance 0 = my first visit to the cradle ot Knslish c } vi ' iisat . £ «< and to the earliest tvpes oi' her tVliVious a )'' litec ' ttire . "
A letter from Naples , of the : ' ird in sin- Co *''*' ¦ Jonah of riorcr . ee . states that ft-rty-six perscnhave now been arreshed on account of ' the part t » J took ia the aSajf tf tho I 5 \ k qS Mtfj i 3 & .
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Citation
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Northern Star (1837-1852), July 19, 1851, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_19071851/page/2/
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