31 JANUARY 1852, Page 4

lartigu out tulunial.

FRANCIL—The spoliation decrees are not unlikely even yet to prove a great difficulty to the Usurpation. They have universally shocked French public opinion.

Each of the decrees is prefaced by arielaborate special-pleading, which sets forth the considerations that Louis Napoleon advances to justify him- self. The decree of forced sale urges, that "all the Governments which have succeeded each other "—including that of Louis the Eighteenth and that of Louis Philippe—have judged it indispensable to oblige the family which ceased to reign to sell the real and personal property which it pos- sessed in France ; and that "now more than ever, high political considera- tions imperiously command the diminution of the influence which the possession of nearly 300,000,000 francs of property in France gives to the Orleans family." It is therefore decreed, that "the members of the Or- leans family, their husbands, wives, and descendants, cannot possess any real or personal property in France" ; and that they must sell all they now possess in twelve months ; or it will be sold by the State, and the proceeds handed over to "those having the right." The decree of confiscation has most elaborate justificatory recitals, pro- fessing to found the whole on the ancient public law of France. It argues, that by the decree of the 21st September 1790, and the law of 8th November 1814, it was enacted, that

"The private property of the prince who comes to the throne, and that which he possessed during his reign, on whatever title it may be, are of full right and at the very instant united to the domain of the nation; and the effect of this union is per- petual and irrevocable." Many examples are said to "consecrate" this principle. Henry the Fourth expressly endeavoured by patent to set it aside • the Parliament of Paris refused to register his acts; and eight years afterwards he applauded their refusal, and by a second patent revoked his first patent. This law was unrevoked and operative when Louis PlAippe accepted the crown, on the 9th August 1830; and by that acceptation( all his property became irrevo- cably the property of the State. The donation of his property to his younger children, executed by him on the 7th, two days before his acceptance of the crown' was at once a recognition of the law and a fraudulent evasion of it, which revolted the public sentiment when it became known, and which was not annulled only because there did not exist,. as under the ancient Mo- narchy, an authority competent to repress a violation of the principles of public law. As the annexation of the property to the State was irrevocable, the law of March 1832 could not detach it : it would be contrary to all prin- ciple to make valid an act radically null by a retroactive law : that law, dic- tated by private interest, under the influence of political events, cannot pre- vail against the permanent rights of the State and "the immutable rules of public law."

On such grounds, the donation made by Louis Philippe on the 7th August 1830 is declared null and void; and the property which was the subject of it is "restored to the domain of the State."

The distribution of the spoil in gifts to the societies of mutual help, in advances to improve the dwellings of the workmen in the towns, and to aid the farmers in the departments, in endowments of civil and military pen- sion-funds, and in a grand "dotation " for the Legion of Honour, was suffi- ciently explained in our Postscript last week. [The fraudulent setting-forth of the whole document has been demon- strated. The property of Louis Philippe at his accession consisted, first, of the Orleans appanage which he inherited from his ancestor the brother

of Louis the Fourteenth ; and second, of the great possessions which he derived, chiefly from his mother, the heiress of the Dukes of Penthievre, and the additions made by his own purchases. The appanage given by Louis the Fourteenth to his brother was given on the express condition that it should revert to the Crown if the Duke of Orleans or his descend- ents should mount the throne. The whole of this property,did so revert when Louis Philippe mounted the throne : it was not included in the donation of the 7th August 1830, and it has ever since remained in the hands of the State : it produced about 100,0001. a year. The other property was held under no sort of condition : it was Louis Philippe's as a private subject, and not as a member of the reigning family. The feudal principle by which the private property of the French princes merged in the Crown domains as they successively arrived at the throne, was wholly inapplicable to these estates, the property of a private citizen elected to the chief magistracy by a popular convulsion, and exposed to be thrown back on his own resources by the fluctuations of the popular vim, Louis Philippe took the crown by virtue of a compact., one con- dition of which was the legal distribution of his private property among his children. Upon the faith of that compact they married; and the Chamber of Deputies expressly refused to provide for them at the public expense because they retained all their rights to the patrimonial inherit- ance. That compact was formally ratified by an act of the Legislature of the 2d of March 1832, which enacted that the King should preserve his rights to whatever belonged to him before his accession, and that this pro- perty, howsoever acquired, should constitute the private domain. The references in the decree to the cases of Henry the Fourth and the other monarchs are therefore irrelevant

But the decrees are even a violation of engagements sanctioned by Pre- sident Bonaparte and the Legislative Assembly of the Republic of 1848. In 1850, M. Bonapartes own Minister, M. Achille Fould, under his own head, authorized Louis Philippe to contract a loan of twenty millions of francs on the security of his debts as King—for improvements and repairs to the royal chateaux, works of artists, &c. This loan was secured by mortgage, inter alia, of the property comprised in the donation of August 1830, which is now confiscated. As the State only undertakes to pay "the debts of the civil list of the last reign," and not those of the private domain, the Orleans Princes will be bound to indemnify the creditors of the private domain for the loss of their guarantee.

It is stated to be an exaggeration to the extent of at least half, to rate the Orleans property at 300,000,000 francs ; and after deducting the debts, it is believed that not more than 25,000,000 francs will remain. And what price will this remnant bring under a "forced sale" made by the owners within the next twelve months, or under a sale made after that time by "the State "—that is to say, by the agents of the Usurper himself ?

Such are the effects towards the blood relations of the Orleans family; list several foreign princes allied to the family by marriages, will also suffer a grave loss.

"Thus, the Bing of the Belgians is deprived of the magnificent chateau and domain of Amboise, settled as a dowry upon the Princess Louisa of Or- leans when she became the Queen of the Belgians. The Prince Augustus of Saxe-Coburg, married to the Princess Clementine, will lose the Chateau Bizy, the forest of Vernon, the forest of Mercy, the wood of Epied, and other es- tates. The Infants Louisa Fernanda of Spain will lose the domain of Arms- villiers, in the Seine-et-Marne, settled on the Duke of Montpensier. The Prince Philip of Wiirtemberg, son of the Princess Marie of Orleans, will be deprived of the domains of Ivry, Roseau, and St. Andre." It is said that these princes have already sent in formal protests against the acts by which they are affected.]

The executors of the late King have issued an opinion, signed by Ber- ryer, Marie, and other most eminent lawyers, that the confiscation is illegal; and stating that they will contest the matter in the tribunals. Odilon Barrot has declared that he will return to practice from which he has retired, solely to have the privilege of pleading for the Orleans family ; and Berryer the Legitimist will join him con amore. For a few hours on Wednesday, hopes were revived that the Usurpa- tion had repented the step of the decrees; the Constitutionnel hinted that Louis Napoleon would suspend them and lay them before the Senate for their sanction • but in the Government evening paper, the Petrie it was stated that thhi news was "completely without foundation" ; and, for its rashness, the Constitutionnel has been placed under strict censure. A first effect of the Orleans decrees was to scare off some of the am- biguous "respeetables " whom religious fanaticism, or gratitude to the restorer of " order' " had drawn into adhesion to the Usurpation. De Montalembert instantly resigned his functions as a member of the Con- sultative Conned, and refused to accept an offered place in the Senate. His note of resignation appears only in the Belgian and English journals : his appeal to the honour of the Minister, Casabianca, for its publication in the Moniteur, was in vain. In this note it is now revealed by the Jesuit Peer, that the Consultative Commission "has not been consulted upon any of the acts of power." Besides De Montalembert, it was immediately made public through the Belgian journals, that Merode, Be Mortemart, Be Moustier' A. Giraud, Andre, Mathieu, Baudet, Desrobert, and Halley Chaparelli, had sent in their resignations as members of the Legislative Council. Marshal Ge- rard wrote to the President that he should consider himself infamous if he, a Marshal of France, accepted the office of Senator, or if he took any other office under a Government guilty of finch an injustice as that to- wards the Orleans family.

Even Dupin, "the poltroon," could not help pronouncing; but he is executor under the deceased King's will. He wrote to President Bona- parte, declaring that the decrees violated every principle of law and equity— "If the constitution of the 16th January was in vigour, the Senate might be appealed to in virtue of the 26th article, which permits that body 'to make opposition to the promulgation of laws which are contrary to the in- violable character of property: In the present state of things, the only re- source is to appeal to you, Prince, and to invoke your wisdom and the mag- nanimity of your own feelings, when they are again consulted and more de- liberately listened to. But if these rigorous measures are to be maintained, a great scruple arises from the depth of my conscience."

He therefore resigned his office of Procureur General, held during the last twenty-two years. His letter is excluded by the censorship from all the French journals. The decrees for organizing and nominating the Council of State and the Senate have appeared. The first body consists of Councillors of State on ordinary service, not more than fifty; the same on extraordinary service, not more than fifteen ; mas- ters of requests, in two classes of twenty each ; and auditors, in two classes of twenty each. The whole are divided into six sections,—discussion ; le- gislation, justice, and foreign affairs; interior, public instruction, and wor- ship; public works, agriculture, and commerce ; war and marine ; finances. The President of the Republic is the President ; and Baroche Vice-Presi- dent, with 32001. a year ; the Presidents of Sections are M. Mallard, M. Rouher, M. Delangle, M. Parieu, M. Maigne, and Admiral Le Blanc, each with 12001. a year. The functions of the Council are chiefly to advise the President on measures, to prepare bills, and by separate delegations on each bill to support the proposed legislation orally in the Senate.

The Senate consists of seventy-two persons, whose status is thus accu- rately described by the Zbnes- " The list is made up of the relatives and personal adherents of Louis Na- poleon; of seventeen Generals occupying a secondary rank in the army, sixteen members of the ex-Chamber of Peers, illustrious only by their birth, fourteen members of the late Representative Chambers, three Admirals, and nineteen other persons, some men of science, some jurists, and some taken from the humbler grades of the Administration." French Cardinals, Mar- shals of France, and Admirals of France, are also members ex officio.

Prince Jerome Bonaparte has since been named President, and Mes- nerd, M. Drouyn de Lhuys, M. Troplong, and General Baraguay d'Hil- liers, Vice-Presidents of the Senate.

A day or two before the publication of the decree naming the Senators, appeared a short decree sweeping away the law of the Republio which abolished titles of nobility. Accordingly, each Senator is named with his old title of nobility, or with the en-officio rank which he may have at any time held under Government The Ministry is definitively constituted as follows,—MM. A.bbattucci, Justice ; De Persigny, Interior, Agriculture, and Commerce ; Bineau, Finances ; De Saint Arnaud, War ; Duces, Marine ; Tutgot, Foreign Affairs; Fortoul, Public Instruction and Worship ; De Maupas, Police ; Casablanca, State ; Lefebvre Durufle, Public Works.

The Moniteur has contradicted rumours of the intention to make fur- ther proscriptions, and has announced that Government will not require exceptional measures to maintain tranquillity. But reports are still rife that measures of confiscation are purposed against other Frenchmen whom the Government deems dangerous from their wealth and station. Duvergier de Hauranne, who has 80001. a year, and uses it to dispense considerate hospitalities to his countrymen in Brussels, whither he is banished, is understood to be obnoxious to confiscatory designs. Threats of expulsion from France have also been hinted to the Due de Broglie and Count Mole. In Paris, the system of spies ramifies into every corner of society. "A gentleman, who a few days ago was about to give a party, thought it prudent to give notice of his intention to the Police ; upon which he was in- formed that some agents would be sent. He remonstrated against having spies on his friends in his house; upon which he was ordered to give in a hat of his guests. He did so ; upon which the Commissary of Police said it was all right, for he found that three of his secret agents were among them." The Pays says that about two thousand persons selected from those

considered to be the least deserving of severe punishment, will be sent to Algeria, and employed in the agricultural colonies there. The news received from the departments is very sad. Every day adds to the number of persons arrested in the South of France. The prisons are crowded to excess. M. Lepelletier d'Aulnay, the President of the Court of Appeal, stated this week, that at the present moment there are upwards of thirty thousand persons in prison in France for political offences.

The Usurper has no difficulty in filling his halls with sycophantic visitors. On Saturday he gave a grand ball at the Tuileries, at which the attendance was enormous. Nearly five thousand persona were pre- sent. The line of carriages began at the Place de la Concorde and was so long that those who arrived last were three hours in reaching the per- ron in the Carrousel, and half an hour climbing the great staircase. There was a great blaze of military uniforms—a notable abundance of the Eng- lish and Russian—a frequent hearing of "all the various dialects of the British Isles" ; but the elite of Paris was almost unrepresented. "It was a mob of uniforms ; and most mob-like did the crowd go to work on the viands spread out on the long tables." The President looked hag- gard, but he affected gayety and security. "Whenever he perceived an uniform, he advanced toward it, the crowd giving way on either hand, shook hands with the wearer without speaking, and rapidly turned to some other object," His cousins the Princess Mathilde and the Marchioness of Douglas were present—the first, as rumoured, in obedience to an "order," and unwillingly. The strong remonstrances of the Princess against the Orleans confiscation had produced some coolness on each side, which the Princess endeavoured to veil by an assumption of the highest spirits, shown by hysterical laughter.

SWITZERLAND.—The Paris Journal des Dads gives some details which it has received "relative to the precarious and perilous state of the Can- ton of Berne at the present moment" "It has been often observed, that when that Canton is in movement all Switzerland is agitated ; and that remark is at present more true than ever. The Radical Opposition, not having ever been able to obtain any of the re- forms which it has demanded in the Grand Council, has come to a grave de- termination, but one which the constitution of the Canton authorizes—that is, to get together 8000 signatures to appeal to the people, if it desires the re- vocation of the Grand Council, and-, consequently, of the Government. There are certainly arrondissements in the Canton where this programme will find an echo, and they are the most populous ones. It is very probable that the Radicals will obtain a majority for the revocation of the Grand Council."

ITALY.—The Neapolitan Ministry has undergone changes. The Mar- quis Fortunate retires on a pension ; and is succeeded as President of the Council by Ferdinand Troia, as Foreign Minister by Caraffa di Traetto ; Scorza takes Ecclesiastical affairs, and Pasquale Governs the Police.

GramAsy.—The First Chamber of Prussia resolved on the 26th in- stant, to take into consideration the petition of Count Staurina, demand- ing a revision of the Constitution. The commercial treaty of the 7th of September between Prussia and Hanover has been ratified by a considerable majority by both the Hano- verian Chambers.

DENMAIIK.—The Danish Ministry has been changed in what is declared to be "a sense favourable to the views of the German Powers " ; Count Moltke Minister for Schleswig, and Reventlow Criminil for Iolstein

&Lucie, do ]fluhme, Sponneck, Bang, Claussen, Manse; and Garthmann, composing the general Ministry.

Russne.—By an Imperial ukase, the exportation of corn from every pert of the empire is prohibited until further orders.—Letier from SL Detersburg, Jan. 11.

• Iirme.—The overland mail has arrived at Trieste. The only points of interest in the telegraphic anticipation are these. "The Nizam had only paid 90,0001. on account of the 400,0001. due, and cannot procure a greater sum. His domains were in a state of anarchy, as also those of Oude." From the accounts of the expedition we have sent to Rangoon, against the King of Birmah, a Birman "annexation" is expected. UNITED STATES.—The news from New York extends to the 17th. there were reports that M. Ralson-ulna, the Austrian Minieter, has re- monstrated et Washington against the language of Mr. Daniel Webster a the Kossuth banquet. Kossuth had arrived at Harrisburg, the capital of Pennsylvania : his reception by the Legislature was remarkable. A crowd, chiefly of ladies, took possession of the House, and would not be EDMOVell by the police, or even by the military : the few Senators who got in tried to adjourn, but were shouted down ; and the reception was gone through amidst such uproar that the whole affair was dumb-show.