1 MAY 1852, Page 7

forngu nit Culnuial.

FrtexcE.—An article in the Public of Thursday advocates a new appeal to the people by the Chief of the State ; and notwithstanding the "com- municated "article against such a thing in last week's dioniteur' holds out the probability that "the Empire' will be established by the acclama- tions of the soldiery in the Champs de Mars, on the 10th of May.

The Civil Tribunal of the Seine gave judgment, on Friday, upon the first preliminary stage of the proceedings taken by the Orleans family to contest the validity of the confiscation of their property. The domains of Neuilly and Monceau were seized last month by the functionaries of the Government, the retainers of the Orleans family being ejected by force : the legal agents of the family called on the Civil Tribunal to declare that they had been expelled without right, and to order the restoration of their possession. The Prefect of the Seine, on behalf of the Government, called on the Tribunal to declare itself incompetent in the case, from want of jurisdiction ; and the legal ground taken was thus barely uncovered in the requisitien of the Prefect-

" Considering that the principle in virtue of which the civil tribunals are competent to decide on questions of property, even with respect to the state, cannot be applied, when, as in the present case, the law has been sovereignly regulated by the legislator himself, and that the point in dispute has been the subject of special legislative dispositions which raise no difficulty of interpre- tation; that in no case can the civil tribunals entertain an action brought, so to speak, against the law itself, and with the view of disputing a right ex- pressly sanctioned by it ; that to decide the contrary, would be to admit that they can meddle in the exercise of legislative power, and prevent or suspend the execution of its decrees, which is equally interdicted to them by the law of their organization and the nature of the powers conferred on them," &c. Great interest was manifested in the proceedings ; and several eminent persons were present, including M. Admire, M. de Laboulie, K Es- taneelin, M. Becher, K Cuvillier-Henry, and M. Dupla. The advocates for the Orleans Princes were M. Pallet and M. Berryer; M. Odilon Bar- ret and K de Yatimesnil appearing in costume as their assisting advisers. The Procureur of "the Republic" appeared for the Usurpation. The arguments of M. -Pallet and M. Berryer were powerful for their boldness : M. Berryer threw aside all technical logic, and denounced the act against which he contended.

"It is not a refutation of his reqnisitory which I am about to enter on, for that has been already powerfully and fully refuted. It is a protest which I make in the name of the gown which I wear' and of the bar to which I have belonged for forty years •' in the name of the magistrates, the guardians of the laws, and in that of the institutions and fundamental laws of my country. Does there now exist a power placed above all laws ? Has this old country of France, after an existence of fourteen centuries, no longer any principles? Are we now reduced to the necessity of asking our- selves which is the judicial power in presence of the other powers ? Is there anything uncertain as to the authority of justice ? Is not the independence of the judicial power consecrated by our whole political life—is it not our nationality itself?"

The Procureur briefly supported the propositions, that "the legislator of 1852 only acted within the sphere of the attributions which had been conferred on him " ; and that "the act in question emanated from the only legislative power which then existed in France." M. Belleyme, and the eight other judges over whom he presided, re- tired to deliberate for an hour. The decision was—that the ordinary tri- bunals are exclusively competent to decide on questions of property, of validity of contracts, and of prescription; that this principle has always been applied as well with regard to the state as to private individuals ; that it thus belongs to the Tribunal alone to judge of the claims of the parties, and to apply the law to the facts to which the trial may give rise : it declared the court competent ; it fixed that day fortnight for dis- cussing the case on its merits ; and it condemned the Prefect of the Seine in "costs of the incident." The decision was that of eight out of the nine judges sitting. The judgment was hailed by the audience with shouts.

The Government received the decision as a serious check, and re- solved to bring the matter before the Council of State. The case was mentioned in the Contentieux section of that body, on Monday ; and it is said that M. Baroche delivered a Government speech of the most violent description ; but later in the week, it was discovered by the Go- vernment, "on sounding the feelings of the judges," that they were almost unanimous in maintaining the right of the courts to interfere in such matters ; so that there would be very little chance of reversing the judgment of the Tribunal of the Seine.

The Petrie has published an article on the preliminary decision of the Civil Tribunal against the Usurpation and in favour of the Orleans family, which counsels the Government to interfere and prevent the scandal of a judicial court throwing contempt on the mission of the President during the period of his dictatorship after the 2d December.

Colonel d'Espinasse, the high Commissioner sent into the provinces to overhaul the proceedings and sentences of the military tribunals, has made a report against the exercise of any but the sparest measure of Clemency in mitigation of those sentences. He reports, that in four thousand cases he is only prepared to recommend a pardon to about a

hundred; and he specifies, with elaborate severity, instances in which a previous exercise of clemency had inflicted evil on the state. This re- port seems to be made in the strong interest of M. Maupas, the influen- tial Minister of Police. The Pays, which is said to be an occasional vehicle of M. Persigny's personal opinions, inveighs against it strongly ; saying, "it is absurd for one half of France to think of transporting the other half."

Srsisr.—The children of the Queen Dowager by Munoz are all ill of the measles, and a strict quarantine is held round their residence. The

Queen Dowager even bids her daughter, Queen Isabella, to stand aloof,lest she and her infant suffer from contagion.

GERMANY.—The Grand Duke of Baden died on Saturday last. His eldest son, Louis, being imbecile, his second son, Frederick, has, under a family compact, assumed the reins of government, "until it shall please the Almighty God to deliver him from his cruel sufferings."

Cape OF GOOD Hops.—The Queen's ship Amazon has brought home from the Cape of Good Hope papers to the 7th of March, four days later than those received by the Propontis. Major-General Cathcart had not yet arrived at the Cape. The position of affairs on the frontier had, na- turally, not changed in the short time since the last mail started. No more survivors from the wreck of the Birkenhead had been discovered, and there was no doubt that none remained to be saved. Those saved in the first instance have come to England in the Amazon.

INDIA.—The news from Burmah, by the Indian mail which left Bom- bay on the 3d of April, is anticipated by a telegraphic message. "The Burmese expedition, under General Godwin, had set sail, and was expected to arrive at Moulmein on the 4th of the present month. There was already a considerable naval force there and Admiral Arsto (?) was on his way with a vessel of war and another steam-beet. The 38th Bengal N. I. had refused to embark for Burnish. The 5th Madras N. I. had been sub- stituted.

"A second expedition of 2500 men under Sir C. Campbell marched against the mountain tribes to the North of Peshawur, on the 11th of March. On the 20th they repulsed an attack made upon them by the enemy, after a con- flict of three hours. Sir Colin had demanded additional forces."