The Press. — London, England, 1854-04-15 00:00:00

II APRIL 15, 1654 NEW YORK. theory. The experience of our own country corresponds with that of America—it has often been noticed that the members returned by the metropolitan boroughs, in intellectual combined with other qualifications, are below the average standard of the representatives of Great Britain ! But., still, great and manifest as are the dangers arising to America from such a Government so elected, some security was originally provided, by giving to inde pendent judges the power to veto acts of Congress fundamentally affecting the consti tution. But, says Chancellor KENT, the " progress and impulse of popular opinion is " rapidly destroying every constitutional check, " every conservative element intended by the " sages who framed the earliest American 4 . constitutions as safeguards against the " abuses of popular suffrage." This eminent man traces one by one the progressive stages of destruction, and forebodingly augurs that it is matter for grave reflection ; and to counteract the dangerous tendency of such oombiued forces as universal suffrage, frequent elections, all offices for short periods, all officers elective, and an unchecked press; and, to prevent them from racking and destroying our political machines, the people must have a larger share than usual of that wisdom which is " first pure, then peaceable, gentle, and easy to be entreated." But, if the judiciary is independent, some security against bad government yet remains. Even this the ultra-democmtical party, day by day increasing in strength, have in a great measure swept away. In more than two thirds of the States the judges are elected by popular votes and . for short periods only, and in some cases during pleasure, and judges have been cashiered for pronouncing just judg ments. Men of education and honour will not devote themselves to a profession in which the highest offices only lead to a choice between degradation and ruin at the will of a predominant faction; and, when the judicial bench is filled with the corrupt parasites of present power, " where," asks Mr. TRE MENHEERE, " will be the remembrance of the " fact that in the declaration of independence " one of the principal complaints against the " Sovereign of this country was that he made " judges dependent on his trill alone for the tenure " of their offices and the amount and payment of " their wages r AMERICAN SYMPATHY-MITCHEL IN "LniEn.tr." writers, now tolerably reconciled to the French alliance (it was long before they became so), often talk of an Anglo-American league against the despotic powers of Europe as the surest safeguard of freedom. Many persons not prone to entertain wild theories applaud this notion and believe in its prac ticability. To such we recommend the study of the New York Herald of March 28, received by last mails. It is right to state that the journal in ques tion circulates 60,000 copies daily, or one-fifth more than the English Times. Though not very scru pulous as to facts, nor especially delicate in its references to individuals, it exercises probably greater influence over American opinion than any other organ in existence. It is, therefore, a fair index of the state of public feeling on a question of foreign relation. And what is the language of American democracy while England is arming against des potism? That of sympathy? Let readers judge. They know already that the notorious JOHN MITCHEL, the forsworn convict, who disgusted even southerners by his interested panegyric of slavery, has addressed to his emigrant country men a manifesto announcing that "England's " weakness is Ireland's opportunity," and calling on them to use the advantage thus presented, collect in a body, and invade Canada. Of the absurdity of the project we say nothing. If it-s author's brain he not turned by vanity and political fanaticism, he is most likely bidding for Irish contributions, as many similar patriots did in 1848, much to their own pecuniary advantage. And, as a Lord Lieutenant of Ireland used to say when assailed with letters threatening his assassination, " Those who really mean to do " such things don't talk about them." Any way, the attempted plot is unworthy notice. But not so the mention of it in the leading American journal. The editor, truly or untruly, ascribes its origin to an eminent abolitionist, who wants Canada annexed as a counterpoise to the slave State of Cuba. " The " position of the world," he writes, " is favourable to the execution of a plan for the separation of Canada " from Great Britain and its absorption in the Union." And yet more plainly : " There are many reasons why his scheme is calculated to command public favour at the present time. The gene• THE PaESS. rat war in Europe, the present condition of England, said the singular doubt and uncertainty which overhang the greatest portion of the Old World, render the present mo ment peculiarly well adapted for such a plot. There is not a little significance in the fact that the British Ministry, as related in a letter to a contemporary, are expressing a very lively anxiety about our opinion respecting the war. They are actually looking to this country fur the ►coral suap.►rt which a public meeting in New York could efford them. They must feel very little confidence in the justice of their cause or the strength of their army when they could conrt such an ally as a mass meeting in the Park." We are not aware that such an alliance has been courted by any except a very inconsiderable section of the community ; and we commend to the attention of that section the reception which their demands are likely to meet with. This is the union of freemen — the band of brotherhood—which is to put down the Czar and establish the triumph of constitutional government over despotism. This is American sym pathy—confederacy with Russia to humble Englan European freedom sacrificed without compunction, that a new territory may be added to the Union through the agency of a piratic aggression! We may be told that these views are entertained by few persons, and that the ravings of a parcel of fanatics or fools are not to he construed as the expressed will of a nation. And this, to a certain ex tent, is true. We are ready to believe that not many American politicians seriously contemplate an armed attack on Canada. The danger would occur to all— the dishonour, we hope, to some. But is it not a strange comment on the " liberalism" of democracy that, while the hare contemplation of a treacherous attack on the United States would rouse one honest burst of execration from cud to end of this country, such piratic projects as that of MITCHEL are in America popularly, publicly, favourably, discussed ? We own that the difference of American feeling towards England and of English feeling towards the United States (we speak not of diplomatic civilities, hut of the unbiassed impulse of the masses in each country) is to us not less perplexing than painful. Is it envy ? A great and growing nation should be beyond its reach. Dislike of our institutions? But no conti nental country resembles America in its government so nearly as ours does ; and yet towards no conti nental country is a similar jealousy displayed. Com mercial rivalry? There is room in the world's markets for both. On remembrance of past wars? But those who succeed have no cause to bear malice ; and even France has forgiven Waterloo. On the in fluence of refugees of all nations—lrish included? In this there may be something; yet the solution is partial, the fact meantime remaining certain. REAL ESTATE CHARGES. IT is not many weeks since the House of Commons rejected by a large majority Mr. Locitz Krina's bill to assimilate the laws regulating the descent of real property to those which affect personalty in cases of intestacy. That bill was thrown out Lecause it would infallibly within a calculable period have destroyed, by subdividing the land, the territorial element which exists so largely in the constitution of England. Baffled in his attempt to storm the citadel, Mr. LOCKE KING is now proceeding to sap and mine the outworks that defend the order to which he belongs. A bill, introduced by him, has just been printed, providing that, "where no inten " tion to the contrary is signified in the will, the heir ' or devisee of mortgaged real estate is not to he entitled to have the mortgage debt paid out of the personal estate. The bill also proposes that when the testator has directed land in which he has an 4 estate of inheritance to be sold for payment of his " debts, or for the purposes of his will, such land " shall (unless his will signifies some other inten " tion) be deemed to be converted into personal " estate, and, if or so far as not required for the pur " poses mentioned in the will, shall be divided under " the statute for the distribution of the estates of " intestates." Now, in the case of mortgage debts it is obvious that if the owner of real estate so charged makes a will lie must do so with a knowledge of the existing law ; and, if he does not negative such an intention, desires to discharge mortgages out of personalty. The proposed change might inflict great hardships in particular cases. For instance, if the possessor of a small estate in land of which he was justly proud, and which he desired to retain in his family, died with out expressing any intention on the subject, leaving considerable personalty which the law straightway divides amongst a numerous family, would it not be hard that the land should be sold if it happened to be mortgaged? Mr. Corms' is fond of saying, "Now, to take a case in point." We will do so the imaginary instance we have suggested might occur in his own family. Mr. Cosnrw might mortgage even the sacred territory at Midburst if he could make 15 per cent. with the borrowed money ; he might leave behind him 100,000/. and twenty children, of whom the eldest might desire, but be too poor, to purchase the little patrimony, whilst the others, taking a strictly 331) commercial view of the case, might find more pro fitable investments for their money, and thus the hereditary domain might fall under the dominion of a game-preserving aristocrat, and a cock pheasant might crow where a Cobden has slain the slain in recounting his triumphs. The second branch of the bill is insidious, for it may with some plausibility be urged that if a testator leaves land to be sold for the payment of bequests he does not desire to retain it in his family. But this is a fallacy : the testator desires to bequeath certain specific sums of money, and nothing more, otherwise he would direct certain lands to be sold absolutely, and the produce to be divided rateably amongst the devisees. If the change proposed be trivial, still it will impose a fresh obligation on testa tors under the penalty of a new and arbitrary dispo sition of their property ; and such minute variations are more likely to inflict injustice, by leading to mis takes, than an adherence to known and existing law. The general question we have discussed before, and shall not recur to now, but we have deemed it our duty to call attention to an insidious measure, which is, in principle, precisely the same as the previous bill which the House rrkjected. ROUTES TO AUSTRALIA, ETC. A LETTER addressed to the Postmaster.Geueral has been published recommending the route to Australia rid the Panamese isthmus, as against those by the Cape and through Egypt, Ce3lon, and Singapore. The respective merits of these lines were fully dis cussed by a committee of the Commons in 1881'; and, though the circumstances of Australian coloni sation have since that time materially altered, the physical peculiarities of each line, of course, re• ;man the same. That rid India has one great merit. It is a little the shortest (in this respect the difference is not considerable), and it is already served as far as Singapore by the existing communications with Cal cutta and China. This was formerly more impor tant than it is now, for in 1851 the gold-diggings had not reached their present extent, and it seemed cer tain that the conveyance of mails to the antipodean colonies could not be made to pay. Emigration and gold have effected a change here; but the faults of this route are manifest and grave. There must be one transhipment at Alexandria, thence a land jour ney through Egypt, a second embarkation, another at Pointe-de-Galle (Ceylon), possibly a third at Singapore. No merohandise could be carried along a line so artificially obstructed. Even to paneengers, travelling as the wealthier sort of emigrants mostly do, with a large amount of luggage, the inconve nience was thought serious. And the change from ship to ship, not all being of one size or built. on the same plan, leads to quarrels about accommodation, attended with much annoyance and confusion. By adopting this rule something would have been guinea in postal speed, but a great (leanest in comfort, cheapness, and commercial facilities. The Penninese mute seems to us equally fanity. It involves also the necessity of transhipment at the isthmus, besides a very long line of navigation across a sea little traversed. Coal is not easily ptocurable at Tahiti ; its cost must be heavy, and the distance tea versed between the various stopping places is enor mous. Still it is fair to add that matters have to some extent changed ;inlet, the report of 1851 was homed. In the committee of that date, as we well remember, only a single voice was raised in favour of the Pacific or Panatuese route, nor was any divi sion taken in its favour. Since then the voyage from England to Chagres has been reduced to nearly one half of what ;t was, and large screw steamers have replaced the smaller vessels originally intended to be used. Still the obstacle of a tran shipment remains insuperable, for many years must elapse before Sir C. Fox carries out his gigantic pro ject of a ship canal through Darien. Till then the Pacific line will be useless for goods, and nearly so for emigrants carrying out heavy luggage. For mails, or lightly-burdened passengers, it may pay, but these alone will not render a packet-service re munerative. Many faults have been found with the Cape route, nor do we deny that some exist. The time originally allowed appears to have been underrated ; the obsta cies regarded as less serious than they have proved in practice. This is matter of regret. But by an other line can the emigrant avoid the evils of a transhipment, and by none is he passed so rapidly through the unhealthy tropical zone. This last. point is of some mement where women and children are concerned. If the Indian line be selected, two third' of the voyage must be performed under a tete pleat sun; with that. by Panami even more ; whereas, in going out by the Cape, the voyager crosses the line almost at right angles, and the rest of his course is through a high southern latitude. We retain, therefore, unaltered our conviction that on all account: Pailiament and Government exercised a wise discretion in rejecting both the Indian and ranaraese routes in favour of that by the Cape. _~ iii . r „ ~~