English & Foreign.

Lyttelton Times, Volume VII, Issue 470, 6 May 1857, Page 7

English & Foreign.

Vane Tempest;: Illegality of the Judgment.—A .curious question is raised by'the * Law Magazine,' which suggests that Lord Ernest Vane ': Tempest would have ground for claiming a redress ; against somebody or:other who has been guilty of illegal conduct towards fhinrin the manner of his , dismissal from the Army.' It is clear that the Crown has the absolute and: unqualified , right to ; dismiss any officer and soldier, and may do so without assigning a" reason;, but where is the right to . pronounce that he was guilty of "conduct unbecoming an officer and a gentleman?" The dismirsal could be effected without trial ? : The court of inquiry, said to,have been held^goes for nothing; it sits and-acts in "secret, and in the absence of the parties. "It is," says the 'Law Magazine,' " a mere grand jury to determine whether or not the parties i shall •be put upon their trial." But this analogy does not appear to us to hold. It is a court of inquiry and nothing move—a commission to ascertain.the facts, not to: determine whether or not there, shall be a trial. The officer may be dismissed because his dismissal is necessary, to discipline, but he cannot be condemned without trial in a regu* lar court by course of law; "The cnse of an officer' thus dismissed by the prerogative is by no means a singular. one.; The Crown has the unquestionable right to dismiss a: functionary who holds his office during pleasure. Take the instance of the privy Councillor.: The Sovereign orders the book to be brought, and strikes put the name of any Privy Councillor, without cause assigned. It was thus that Mr. Fox's name was erased in 1798, in consequence of a. speech made at the Crown and Anchor Tavern. But if the • Gazette' had added thai he was removed ' in consequence of seditions speeches,' or.' of treasonable speeches,' at a tavern, this inseiv tion would have been wholly illegal, unless he had

been previously tried - and convicted. The case is prcisfcly the same with an officer dismissed." As a mode of correcting the' error, the ' Law Magazine' suggests that the memorandum in the •' London Gazette' should be withdrawn, and a second official memorandum issued, "not specifying the ground of. dismissal, but simply setting forth that her Majesty has no further occasion for the services of the dismissed officers." The legal critic, however, is dealing with a more difficult subject than he supposes. It is understood that the memorandum originally framed in the Horse Guards for publication .in jthe ' London Gazette' did simply state that Lord Ernest Vane Tempest and Cornet Birt had been.dismissed for a breach of discipline. That statement would have been only a record of the ; fact; the breach of discipline consisting in the breach of airest. Such we learn, was the memorandum submitted for ratification by-the Commander-in-Chief. The words " for conduct unbecoming an - officer and a gentle*man'' were added subsequently. If the doubt in the ' Law Magazine' is correct, the aggrieved parties perhaps have it in their power to proceed by way of criminal information, or action for libel; but against whom would the action lie? Not against the Commander-in-Chief; he may be the responsible Minister in the case, but it is not stated' that he 'advised' the addition of the inculpatory words.' On the other hand, "the Crown can do no wrong." One resource might be- to. proceed against the editor or publisher of the '.Gazette' for the publica-' tion of the libel. Practically, indeed, there is not likely to be much question in the matter. It has been explained that the case was submitted to a court of inquiry, and not to a court-martial, for the very purpose of sparing the publcatioii of facts which none of the parties would like to bring before the public.. An action for-libel against the editor or publisher of the ' Gazette' would inevitably draw forth these facts in justification; so that we are not likely to see the'legality of the record in the 'Gazete' judicially called into Yet it is importantto make a note, that although the Crown can dismiss an officer from the service, the utterance of a sentence pronouncing guilt, without trial, is an' illegal act. — Spectator.

The Republic of Neufchatel.—-A difference between Prussia aud the small Republic of Neiifchatel has been gradually ripening into a serious question, which, if not put an end to, may possibly light up a European war. The whole affair is very simple, and to all plain understandings is suseept ibleofbutone interpretation. One hundred, and fifty years ago Prussia contrived, by intrigue, or military pressure, to establish a suzerainty over the Canton of Neufchatel. This state of things lasted till 1806, when Napoleon marched a victorious army into Berlin.- The suzerainty in question was bestowed by the conqueror on. his general of Division Berthier, and that .officer exercised the loyalties, until the Congress of Vienna, in reconstructing the map of Europe, restored Neufchatel to its natural place as a member of the Helvetic Confederation, anrl the Canton *to all intents and purposes became independent. In 1848 some foolish persons thought proper to set up the Prussian claim—a conflict ensued, and the Neufchatelois Government seized the leaders of the.movement, and forthwith incarcerated them. Another outbreak has taken place a few weeks ago, originating with the same Prussian party, and with a similar-result. These prisoners, who had been clearly guily of treason against the State of Neufchatel, have been peremptorily demanded by the Prussian Government—a demand which has been as resolutely refused by the Swiss' Federal Council. So the matter stands. It needs no extraordinary sagacity to see that the Council is clearly in the wrong. The whole affair has originated in an attempt on the part of the King of Prussia and his advisers to overbear the liberties and press upon the independence of a weaker state. The question has been fully discussed, we believe, by the Cabinets of London and of Pari-, and it is to be hoped that they will discountenance promptly the absurd claims of the King of Prussia, and.'if possible, prevent that weak-minded Monarch from driving a proverbially determined race to a resort to arms. The latest accounts from Berlin seem to favour the hope that his Majesty is reconsidering his demand, and may perhaps eventually withdraw

A Royal Rebel.—The V Metropolitan correspondent" of a northern coriteni! oary gives: the following ■ "full, true, and particular account of ear-' tain domestic "-arrangement of th • Royal family :— •'Little Prince Alfred having gi en. sundry, manifestations of'spirit,' has been first ;tried with an establishment of his own at Fr griore Cottage or Lodge, and the special guardian^, of Lieutenant Lowell. It seems that Prince Albert must have proved too stern a disciplinarian ; and as there is a medium in all things,: the royal hopeful got quite unmanageable altogether, and has packed off upon Ins travels, according to the old approved recipe in all English ari>tocraticmaladies of the same nature. -The poor child's only offence appears to ihave been Jiii_.indecorous attachment to .sport Amongst other things, he was addicted, to ■ the violin, and, at all hours-..f the day, was to be found pursuing the servants through the passages of Windsor Castle in

' full fiddle. Besides Prince Alfred did. not like fat. ■ Now, as the real business of dining in the royal family takes place at 2 p.m.. when her Majesty, the Prince, and the Royal family sit down to" two dishes, and no more, one roast, and the other boiled, in fact, meat and pudding—whilst; according to .old English practice, the pudding comes first, and the meat concludes, the little fellow was rather apt, it seems, to give rise to the stern announcement from the bottom of the table,' Prince Alfred has not finished his dinner (i. c. his fat), we can wait ;■ whereupon the fat had either to be gulped down by itself, or open rebellion manifested, which being inconvenient, his little' Royal Highness is hereupon said to have been sent out to see the world. He has already made the tour of the northern continent, and a pretty extensive one, and has settled 1 down for the winter at Geneva. "—Scotsman.

The occultation ot the planet Jupiter on the evening of Jan. 3 was observed at Liverpool obseryator}'. At the immersion the four satellites and the planet where all seen to disappear behind the 'rrioou. Clouds came over immediately after immersion of the fourth or proceeding satellite, but they speedily passed away and the immersion of the remaining three satellites and Jupiter was also observed. At their immersion the satellites became fainter for three or four seconds and then suddenly disappeared. The entire time of obscuration was 50 minutes 58 seconds. The most remarkable fact was that no distortion of the image Jupiter was noticed, contrary to almost all past experience.

No fact can more clearly show the enormous activityofßritish commerce than this—that the exports of our home .produce and manufactures for 11 months of the past year exceed by £10,000,000 in value our similar exports for the whole of the preceding year. The value of the produce and manufactures of the United Kingdom exported in 1855 amounted to £95,000,000'; when the returns of 1856 are published, they will probably exhibit an increase of more than £20,000,000 for the whole year.

Mrs Curgenven.of Truro,widow of a captin in the Royal Navy, died on the 7th of, Dec, in her 107 th year. Not only "had all the companions of her youth departed before her, but also many of her junior relatives—as her nephew-in-law, ihe . Rev. William Curgenven, and yet-he had reached the ripe age of 78. In Great Britain about 60,000 families 6wn all the land, which is occupied by 28,000,000 of inhabitants.

Mr. Brunei's monster ship is making considerable progress not less than 1200 workmen having been engaged,upon it for the .last seven months. It is expected the launch will take place in May; but considering the work still to be done this is doubtful.

' A new work on the blockade of Kars is about to appear from the pen of Colonel Lake. '.

The Russian railways afford a subject to the French satirist. In one of their descriptive caricatures, the traveller on a Eussian line is requested, at a particular station, to hand over hispassport to be examined. " Shall we stop here long ?" he asks. "No monsieur 5 the necessary formalities will not occupy more than three weeks."

The. recent alledged differences between France and England are made a subject of caricaturing at Paris. One picture represents an English and French soldier, arm-in-arm, or united like the Siamese twins, and defying the efforts of a remarkably malicious-looking mansupposed to typify the editor of the ' Times' who is rapidly seeking to separate them. The « Daily News ' of the 15th has a leading article upon the appeal made by George Kmety, the celebrated Hungarian General, to General Sir W. F. Williams, relative to the share the former had in the famous defence of Kars. The journalist calls for a response" from the British General as due not only to the renown of the Hungarian, but to his own fame.

M. Cabet, founder of the Icarian community at Nauvoo, Illinois, died on November 9, aged