The Express. — London, England, 1850-12-05 00:00:00

a ,i y 1 ' i I QMITHIPIILD CLUB PRIZE CATTLE SHOW 1 1,7 =I lIIMIIION 4 runauxis, soon, ac., onomono TOISDAT 11011541%0 sod erne rfOin offtlr, oaks MN ig " Wi ULM. ard IMO Deeenlor, bow, llblioiral.Folmo.Nuare. res ate son aum entailed end ;don b Osaka to Ur dolt of oblifro, fkoroby en . VINg leas* A rt yrMil asked eslalitim WM YEW _ THE NEW NOVEL, "PIQUE.' is sow toady, sal am la bal i al the Linda Union : Salk klas, mai Ca, ri, Coal& gut exprems. TO COHEESrONDEVTE. Aegirtisimaistatasiod -no rapree." Lark" Evenlag me; reAbs at As Cask Anneramosset, Tye o'clock us Ow or al rehasetim HIGH WATER, AT LONDON BRIDGE To DAT —Mai& IL Ali. Afterssaa. St. 10. Tip-uoasow —Morels& $l. H... Agana" H. 46a. LONDON, THURSDAY, DRCEMBER 5. Tne Church of England was never framed or fitted for a state of religious war. It is one of them vessels that rids powerfully and majestically in a calm, bat the very WA of which renders it the sport and victim of roses seas of controversy. The Church of England, like the constitution, is a compromise; and the nature and condition of a compromise is, that extreme parties shall submit to it, not as the exact solution that each should desire, but as the beet and moat pacified result they can hope to obtain. It has, however, been now for some years evident that a church which is • compromise does not satisfy the ardent aspirations and devout zeal of many of its s ons. The idea began to prevail, that religious faith without enthusiasm was of little worth, and that it was scarcely deserving of the name, unless it per vaded and coutrolled the thoughts and feelings of the whole community and of each individual in it; nay, unless it was the universal motive not only of man's serious resolves and actione, but even or the minutest circumstance and observance of his life. It is the striving after thir, which has rent the church in twain, and that it will succeed in com pletely destroying it, is at least one of the eventuali ties towards which reflecting men should look. The present moment, and the circumstances of the time, fully reveal the importance of the crisis; and we must confess we can perceive no power that has as yet been brought to bear upon these opposite ten dencies and dissensions that is either capable of com bating or likely to appease them. Whenever by chance one of the impartial public contemplates the starchy of the church, his first burst of resent ment is directed against the bishops. But after all do we not heap too mach blame upon them indi vidually Are they not, like drivers of mingled and heterogeneous flocks, unable to keep and tend to gether the sheep that wish to wander into fat pas tures, and the goats that would climb the barren rocks" The episcopal crook cannot reach both, and the pastor infallibly abandcns either one half of the flack or the other, or else in despair of controlling either, flings himself at full length to slumber. If the authority of the bishops has failed, and if the bishop's office itself has become more a stumbling block and a derision than an active, efficient, and use ful authority, shall we look to the state for help' Bat the state is even more ignored than the prelacy, by both the extreme partite. Its interference has given rise to serious resentment. The aim of the state has been no doubt so to trim the Teasel of the epie copecy and the church as to keep the balance even, nor allow it to vary so much on one side, or to let water in. But at every movement of the kind, the unruly sad mistrustful crew fling them-elves alternately, from one side to the other, co that it is in truth a miracle that the church is yet above water. What happy church and state pilots were PITT and Lord Lletkeixit.! They bad no need of balancing or trim ming. All went straight in those right tory days. Bat now it is far different. The church boa t as-ed the power of bishops to control, or of a Prime Minis- Mr with his official authority alone to manage. There is, in truth, bat one remedy. Call in the laity. Let not the church be earned away and divided by purely ecclesiastical schisms, and merely sacerdotal views. Cadet the idicaremey of the clergy by the good and plain sense of the laity. It is the latter that pay for the church; let them have a voice in it. And then, when there is a public, • lay opinion, clearly and constitutionally expressed, on church matters, the minister can lean upon that, in stead of being compelled to go out of his way, and make au extraordinary apyeel to the public sentiment, which, however powerful and decia:ve in the answer that it provoke., is still derogatory to the dignity and calm of high office, us well as offensive to these who deem them selves the objecti, not of legal repression, but of icdi viduel tied driveler permeation. The time is one which demands a large measure of church reform; and it the present outburst of religious zeal lead to such a result as that, it will be one of the mast salutary move meats that ever stirred the British stied. We Noe, indeed, that this movement is Cr nited, and we read that Mr. HOLBUCK amongst others has cease forward to denounce it se intolerant. In what is it intolerant! What penalties does it seek to in- Wet, what persecution does it demand? It has stirred up certainly orators and writers to utter their opinions of the ean g ers of Roman c itholie progress and amen dancy. But who provoked them? And if the leaders of the Roman esthetic church at Rome and en this country have provoked it, what great reason have they to complain that potentiate express their learn, state their convictions, and frankly Lyaw their avereou to the principles, the forms, and tendencies of • t dig ion , the moat illiberal and intolerant on record. Mr. Romani( tells us that protestant fears are groundless, that the catholic propagandists who come amongst us use but the weapons of persuasion, and appesl merely to reason. But of what value is the reasoning of sn uneducated multitude ? We have millions in our very streets et the utterly ignorant, the hopelessly destitute; we have a population of children in intellect, just the population that would fall down and worship the large hat and red stockings and the gilded couch of a Cardinal. And we have a half-educated upper class, many of whose members have disinherited their offspring, in order to endow a church, one element of whose greatness is successful mendacity and extortion. M. ltoeueck will say, why not educate? Why not, indeed ? Why not mire tt e Irish helot, the hewers of wood, and drawers of water in our great moderns, to that rank amongst rational and edu cated beings, which would enable them to distinguish between an astutely trading religion, and an ho nestly philanthropic one? Bat this cannot be done in a day, evaa if we knew bow to set about it, and until this has been done, Mr. ROEBUCK must permit us to take precautions—precautions, not savouring of perse cution; and he must permit us to express fears—sen sible, rational, well-grounded f. nre—of the partial success of a retrograde religion amongst us, whilst we contain those most legitimate fears, both with repent to sentiment and to linguar, within the fairest bounds of tolerance. Tax question whether inventors should have en acknowledged right to property in their inventions, and if so, bow far those rights should extend, and under what conditions they should be exercised, con tinues to be discussed with increasing interest the more the defective state of the peteat laws become known, and their probable detriment to the Great Exhibition of Industry becomes more clearly per ceived. One of the difficulties under which an in ventor labours is the necessity to work in secret, not only from the dread of fraud, but because the mere fact of publicity would legally deprive him of all pro perty in his invention, should he subsequently be in a condition to obtain a patent for its exclusive exercise. How far an inventor may go in revealing the nature of his invention without such a disclosure amounting to a " publication," has often been argued in courts of law. It hit been decided that confidential commu nications do not inv,lidate a patent; bat a printed description, a public lecture, or the exhibition of an invention bef Ire it is patented, is unquestionably de structive to it as property. A promise was givea to inventors that all works sent to the Great Exhibition should be protected from piracy by a special set of parliament. It was hoped that admission within the precincts of the glass palace would have been enough to secure tem porary protection, and that an inventor would there at least have had the opportunity of showing the pro duct of his ineftnity without the certainty of plunder. The bill whia weed through the Howe of Lords to that died was, however, so emasculated in the Com mons as to limit the protection to works of design, for THE EXPRESS, THURSDAY EVENING,. DECEMBER 5, 1850. which such • measure was scarcely requisite, since the registration of designs might hive wen effected at a comparatively small expense. The Council of the Saciety of Arta have bees Very active in endeavouring to Five efficieney to ape esti , nal plan, and at the same time to eQect soomplete re formation in the patent laws. Thefpoint al 'tremolo g. urgency is to supply . the shortcossings of theilict of last session, and this is proposed to be done by giving inventors the privilege of provisional registration, to enable them to seams their property for ens year. It is supposed that before the end of that terns any really nested invention exhibited to the world will either be adopted or obtain such a degree of attention as to en able the poor inventor to perfect his registration, for which he would be required to pay.lol., and would have a prolongation of his protection for five years. A further payment, to the amount of fifty pounds, would be required for a prolongation of another five years; one hundred pounds for the next term; and it, at the expiration of sixteen years of protection, the inventor should require a longer term, it might be obtained for two hundred poucds. Should this pro position be adopted, the cost of a p atent for all ' years would be only eleven pounds ; but if it extended to twenty-one years or seven years beyoad the dues tion of a patent right at present, the cost of protection would be 3611.! The principle of making payments by instalments is based on the plan acted on in France with great advantage to inventors; but in this *wintry a fixed annual payment of one hundred francs is required for each year's prolongation of the term, until the expi ration of fourteen years, when the right altogether ceases. The proposition of the council of the Society of Arts is, however, much more favourable to the poorer class of inventors, as it would afford them protection for a certain number of years for less money • and if the invention proved profitable , they would g ladly pay the larger sums required for increased prolongations. The plan of granting protection for short successive terms would also be attended with the advantage of ale klugg the continuance of useless and obstructive ttsonspo'es; for often before the expiration of the first year the worthlessness of an invention is proved. At present the rights of all . patentees continue for fourteen years, and they remain in force whether the invention be brought into practice or not. Thus. it often happens that a mechanical arrangement which is altogether useless for the purpose for which it was in tended, may be an obstruction to the application of it to a practical use. In France it is ordered otherwise. If an invention be not brought into use in that country within two yetis from the grant of the pa tent, the privilege ceases to be in force. Some arrange ment of this kind is much wanted in England, and though the grant foe limited terms would greatly diminish the obstruction to useful inventions, it would not be so stringent a check as the case seems Ito require. The report of the Council of the Society of Arts, to which we have referred. contains many important suggestions for the amendment of the patent laws, particularly in reference to the too facile grant of • royal license, and the trifling extent of its protection when obtained. The appointment of a board of scien tific men to examine into the merits of inventions, and their claims to novelty, before any exclusive rights are granted, would be • moot im2ortant advantage to inventors and to the public. It would prevent the accumulation of monopolies for trivial improvements of no incentive merit, and a patent obtained after in vestigation into claims to novelty and ingenuity would be an honourable distinction and possess substantial value. The pressing want of the present time, how ever, is a cheap and simple means of protection; and is reference to that point, a reeemmeodation, well deserving attention, has been made by Mr. Merrnew RILL, the Recorder of Birmingham, who was re cently applied to by the inhabitants of that town fur his advice and assistance on the amendment of the patent law. Mr. HILL proposes, in the first place, that the original plan of cooferi log the right of 'ro ped,- on all new inventions placed in the Great Ex hibition of Industry should be confirmed; the term of protection to be limited to a time determined. This would meet the want of the day ; but as a per manent arrangement he recommends the establish meet of • " mart for inventors," where, for a year at least4lity may expose their inventions in security, and thus be in a condition to treat with capitalists for the sale of the products of their ingenuity without lia tidily to fraud or piracy. Au arrangement of this kind would be an important boon to inventors, who, as the law at present stands, cannot show what they have for sale without incurring the risk of robbery, which is the more galling, because the thief may steal and laugh at them with impunity. Whilst these suggestions are under esnsideration, the .kTTORNZT-GENERAL has laid down a most im portant rule to be observed in the applications fur patents, which, to a certain extent, will put a stop to a system of fraud and injustice to which inventors were previously exposed. Applicants for patents are, by this rule, obliged to give a description in writing of the nature and extent of their inventions. This has hitherto been required only in cases where a patent has been opposed, and the object of it is to pre vent the patentee from including in his subsequent spe cification anything that he was not cognisant of at the time of applying for his patent. By the previous practice it would have been possible for an unspecified patentee to have included in his claims any novelty exhibited that was within the range of the title of his patent. It would have been useless for the inventor to endeavour to obtain redress. The patentee might assert that the invention was his, and if the real in ventor attempted to carry it into operation, he would have been liable to an action at law for as infringe ment of the patent rights of the spoiler. The possi bility of such gross injustice being practised is prevented by the neetesity to which patentees are Dow subjected of making their claims accord with the description deposited six months before specifica tion ; but the exhibiting inventor is not yet protected from general plunder. Any one may exercise the in vention as well as hirosel f,for anpatented inventions are sot recognised as property. The movement that is ac tively progressing to effect a complete reformation in the patent laws must, however, alter this state of things. The necessity of amendment has been brought into notice more prominently than it otherwise would by the emasculation of the bill of last session ; and what was then considered a lose will probably prove a gain. Instead of a mere temporary measure we seem likely to obtain a permanent and thorough reform of the present system by which the products of inventive Industry may be protected at little cost and with greater certainty. Ig previous articles we have pointed oat the evils which arise in oar dispensaries from the gratuitous services of medicil officers, and the control they exer cise over the committees of these institutions. We have seen that the only efficient officer is the apothe cary, or house surgeon, who is paid for what he does ; and that in many lateness the array of medial names attached to a dispensary paper serves but as an advertisement, and a very bed one, too, of those who are connected with it. We have found how sel dom the committee performs its duties efficiently, and we pawpaw to the consideration of the governors, as they are called, of these institutions. Every sub scriber of a guinea annually, or • single donation of tee guineas, becomes a governor and has a voice in the business of the dispensary at yearly or half yearly meeting". How much interest is evinced by governors in the dispensaries to which they subscribe is evinced by their attendance at those meetings. Occasionally one or two are present, sel mom more, unless some party question brings them together, and the annual meeting is merely au oppor tunity afforded for any governor to be present at, to find fault if he pleases. The fact is, the governors leave the charity to be managed by the committee, acd we have seea how the committee are roaraged by the medical officers. Yet there are questions coo tautly to be settled on which the governors ought to have a voice, and questions which the governors are morally bound to answer. There is scarcely anything about which people are so careless as to how their money is spent in a charity. The annual guinea or donation is presented as the result of some sudden feeling of philanthropy, which no longer exists when the money is paid. It is only • short time since that a surgeon was transported for obtaining subscriptions to • dispensary which had ceased to exist for ten or fifteen years. He had raised several hundreds of pounds a year for this charity, and quietly pocketed the whole. Surely if the per sons who thus subieribed wished to do any good, they ought to have inquired as to how their money war spent. But this is not aIL It frequently happens that the governors for the time being of a hospital or dispensary, are made resptuable for the expenditure of very largo sum of money in trot. Thu in cope- oially the case with hospitals. Yet this money is ormstantly being misappropriated, without a, • deg'. 1/0, lifted up spinet It .by the ' 1 ta l‘n t Wan, Cs; St. Thowm(ll Hospital 4 1 an • ' whole 1 'bey si n ' p en dia; thousands of pomade; sea; terabit& for the suit poor, on then a s . grease schooL New if this evenditore was justifiable 'neder 'say circumstances, it is least of all to be dr fended at St. Thomas's. There is a medicsl school, and a very efficient one, over the way at Guy's Him pital, and we believe supported quite independent of the funds of the hospital; and why any attempt should be made to establish another, is only to be ascribed to the influence which the medical officers of the hospital are enabled to exert over the committee. It is also very unjust to the other medical wheals, which era sempcetsd, se they ought to be, by the con tributions of those who are educated in them. Why medical men should be educated upon charitable fun ds more than any other class in the community, we are at a loss to conceive. We have before alluded to the same gross misappropriation of funds both at', St. George's and Bartholomew's Hospital. The' excuse urged is, that it is the duty of the public to make their hospital. the saw of raring an efficient body of melba use. But when it is known that in most of there instances of expenditure of our hospital funds. it b to enable an inefficient body of teachers by the do of extrinsic advantages to occupy the position of these who are more capable of teaching than themselves, it will be seen that this system, so far from acting beneficially on medical education. produces exactly the contrary result. We could illustrate this position by facts, but we leave these oases as an example to governors of dispensaries and kindred institutions of the duty of examiaing into the way in which their money is spent. Another mode of improper expenditure in medical charities is in the unsuitable classes of persons ad mitted as recipients of their benefits. It is not nu frequently the case that no inquiry is made into the conditions of life of persons who apply to governors for orders for attendance. A man, woman, or child, present themselves at the door of a rich governor, and the letter of admission to the dispensary is given, whatever may be the circumstances of the individual. Thus many receive relief who ought themselves to "attribute to the funds. Another class of persons who are fused letters are parish paupers. For this class the Poor Law Board provides medical 'dicers, who, however small and inadequate their 1 salary, are paid for attending on them, yet they are allowed to consume the time and the medicine which may be needed by some poor person who has no claim for parish relief. I But amongst the misappropriation of the funds and abuses of oar dispensaries which is more or less connived at in all of them is the allowing governors to send their servants as objects of charity to receive gratuitous advice and medicines. Surely our domestic servants ought either to receive such payment for their services as to render it unnecessary that they should receive charitable attendance, or if their wages ere insufficient to meet the reasonable demand of a medical man, they ought to be able to look to their master or mistress for such an attention to their wants. It is a matter of great importance to la every class the feeling of independence, and :7e ' - lieve that in the case of affording gratuitous med!cal ' attendance at our dispensaries this feeling is more broken down than in any other. It is not a very wide step from the apothecary of the dispensary to the relieving officer of the Poor Law Union. But the carelesaneas of the majority of governors and the selfishness of a few are not the only sins which are to be found at one dispeeseries. In some initanoes which have come to our knowledge, funds which have been raised for the sick poor of all classes in the community have been used as a metes of in fluence on behalf of religions sects, and that benefit which is avowedly intended for all is confined to those who conform to special religious creeds and practices. We hope that such proceedings are not general, but the fact of even its occasional occurrence should lead persons who subscribe their money in the hope of contribir ing to alleviate the sufferings of their fellow-creatures to see that no activity on the part of individuals is tending to frustrate their benevolence or to make their good intentions an instrument of persecution. FILIIICIL PARIS, W/121111eDliT Ereareto You are aware of the diarist footing upon which the French and Austrian garrisons are placed in the States of the Church. The whole expense of the Roman expedition, aced of the subsequent occupation, has fallen upon the French government. whereas the Austrian troops are maintained at the cost of the Papal embequer. This berths a has been found so intolerable by Rome that some time ago as extra ordinary envoy was sent to Vienna by the Pope to represent the necessity of reducing the Austrian faros to 12,000 mon, unless the Austrian government were prepared to maintain its own troops. With its usual insolence, the cabinet ef Vienna answered that it should neither reduce 'sate in the Roman States ace pay them. lire of the country did not admit of the former measure, nor the state of the Austrian exchequer of the latter. In consequence of this pretension of Prince Schwerzenberg to feed the armed hordes of Austria upon the States of the Church, a note was presented to the cabinet of Vienna by the apostolic nuncio, on the 20th ult., insisting upon the previous demand. The Austrian corps d'armee in the Bann States amounts to 20,000 men, and entails anon the Roman government an annual expenditure oi a quarter of a million sterling, thus paralyzing the efforts of his holiness to reduce the deficit. The nuncio met the assertion of Prince Schwarzenberg that the state of the country was such that no redac tion could safely be made, by stating that such was not the case, that the guarantees of order were daily consolidating, and that the Roman government was in a better position to judge of the condition and inte rests of the country than the Austrians. Finally, it is understood that if Austria does not accede to this proposition an application will be made to the French government to back the Pope'. demand. There hardly passes a week that one does not see' the name of a Roneparte in the Gazette der Tribunaux. Sometimes Napoleon Jerome is cited before the court to pay for a pony-chaise; or Pierre is hauled over the coals for getting into a row. Yesterday two of this conspicuous family had to appear before the judicial authorities of Paris, one as plaintif f , the other as defendant. It appears that the Vicomte d'Arlin court, who has been taking recently a legitimist peep at Italy, has thought proper to introduce into a chapter of has published voyage, entitled Italie Rouge, some severe reflections on the part played in the Roman revolution by the Prince de Canino. An action for libel, founded on this publication. was tried yesterday before the court of Correctional Police, and attracted a numerous auditory, from the circumstance of M. Chain d'Estrange having been engaged for the prosecution, and M. Berryer for the defence. In the coarse of the proceedings a rather curious incident turned up. M. Berryer argued that the Prince of Canino had forfeited, by his resistance to the French government at Rome, his right to be considered as al French ci Men. He therefore proposed that he should be celled upon as a foreigner to deposit a sum of money les guarantee for the costa of the suit in ca-ejudgment were given against him. The court admitted this masoning, and called upon M. Bonaparte de Canino to deposit of 5001 r. as caution-money. After thio gua rantee had been given the trial proceeded. M. Bee ryer contrasted the conduct of the Prince of Canino, whom he represented as a turbulent demagogue, with that of his father, Lucien, who had died, full of years, Is the bosom of the church, and full of gratitude to the Pope for his hospitality. court finally con demned M. d'Arlincourt to the paym-nt of 3001 r. fine, with the eats, and the insertion of the judgment in the )journals. The other Bonaparte ease was brought before the Court of Appeal. Mine. Clary was the plaintiff and M. P. Bonaparte the defendant. It appeared that the lady, who is the cousin by marriage to the defendant, let him a villa, furnished very elegantly, situated near the Arc-de-Triomphe. In the month of April last M. Pierre Bonaparte left the house and handed over the keys to the proprietress. Mine. Clary complained bitterly of the damage which had been done to the ?Genitive; the carpets were torn, the curtains pierced with holes from foils, and in fact the whole place exhibited, she said, more the appearance of a dog kennel than an elegant hotel, which it was when M. Pierre Bonaparte took possession of it. An appraiser was called in to estimate the damage done, and he fixed the amount at 217(r. 50c. This sum was there fore claimed, but payment was refused, M. Bonaparte offering his cousin only 60fr., and an action wee therefore brought for the amount, and 3001 r. damages fire tom sustained by Mme. Clary, not being able to re let the house immediately. The court condemned the defendant to pay the full amount claimed, including 300 fr. damages. The Assembly, in its sitting of to-day, rejected the proposition relative to prestations en nature, a tax in kind, for the maintenance of roads, upon which itihas been occupied for two days. The object of the pro- position was to remove the inequality with which this tax pressed upon the poor and rich proprietors, who are equally obliged to furnish annually three days labtur for the repair of roads. The bill opening an extraordinary credit of 600,000 francs for Monte Video, was adopted without debate. The sitting broke up without any further occurrence of interest. The following amendment to M. de Remusat's re solution on the German question has been presented by hi. Francisque Bouvet : The National Assembly, considering that the questions whi , :h at this moment divide Germany cannot bs equitably decided by arms; that war is ordinarily for the nations who make it a source of miser y and servitude, and, at the same time, a enhject of diequistude and scandal for the neighbouring peoples ; desirous of being able, without derogation to its dig nity, to °wide' Itself constantly to a peaceful policy ; forming wishes for general peace, and tracing that a positive institu tion of common law may at some future day &salve tonatioaa the certainty thereof, and deliver them from the chatgue el war, puma to the damnation of the articles. A meeting took place last night at the club of the Rue des Pyramides, formerly of the Rue Richelieu, but it was only attended by 36 members. The subject of discussion was the levy of the 40,000 men. M. Leon Faucher presided. The Fives closed to-day at 93.10, with a rise of lf. 10:. upon the closing quotations of yesterday. BOTISSE. Pelle, Dec. 4. Pm Money. lOptalng , Bleamt. Lowest. Closing. 1 por Oesta. 5 per Oran. 94 SS 94 24 93 10 91 13 93 10 3 do. New lane ~ . OP se 10 11 pew Oleto. ye 00 PS elo %I t per can. , I. . Imalsonso es 1:edo• : at oliNit, 15; 710 dam, 14 8 6. 9•lwian.3, 1840 110. 4, me 441 . Nome Loon 1139 731 Do. 46 Do. 26 Piedmont 30.0.1830 84 40 . Beak leami ...... 2110 Boone —Versailles (right bank), 160 ditto (loft bank,) 146 ; Paris and Orison , . 805; Paris and Lumen, 610 ; 11.4.- seines and Avignon, 192 60; Strasbourg and Bale, 136 26; Orleans inn Viorsm, 380 ; North, 465 ; Paris and Strasbourg, 343 76; Toms and Nantes, 241 26; Montoreaus and Troyes, 90; Dieppe and Femosp, 172 60; St. Germain, 390; 1 Flattops and Anima. 200. ror Amount. ITALY. ROME, Nov. 25. It is said that negotiations have been undertaken with the governments of France and Naples for the purpote of establishing a permanent garrison of French troops at Rome and in the neighbourhood of the capi tal, and Neapolitan troops in the other provinces. HOLLAND.—Accannts from the Hague state that MM. Nedermeyer Van Rosenthal, Lucas, and Van Spiogler, Ministers of Justice, Marine, and War, having felt offended at some proceedings in the Se cond Chamber with regard to them, have tendered their resignations. LONDON AND NORTH WESTERN RAILWAY.— Return of traffic, for the week ending let Deoember, 1860. Pasesniers, parcels, carriages, hones, and mails, 20,0111. 4s. 44.; merchandise, 16,9381. 16s. 64 ; cattle, 1,6581 So, 6d. Total, 38,6061. 91. 41—Corresponding week, 1849:- 87,7811. IBe. 24. LONDON AND SOUTH WESTERN RAILWAY.— Amount of traffic on the London and South Western Rail. way for the week ending _Dn. 1, 1860: Pauengers, 6,1101. 14s. 104. ; goods, 2,4661.35. 7d. Total, 8,6761 181.6 d MIDLAND MAILWAT.—DERBT, DEC. 3, 1850.- 140 mo, Truffle: Week landing Deo. 1,1850,20,2351 Is. 64.; week ending Dee. 2,1849, 20,0491. 6ru 10. Aggregate • 1849, 601,4721.11;. 7d. ; 1860, 616 2621.165. 44. BOUTS WALES RelviveT.—Treffio for the week Geeing Dee. 1, 1860: Passonpn, 6241. 6s. 64.; parcels, 331. 14s, 7d.; goo*, 1141, 101. 24. Reclusive of mails, STU 15a- 2d. COLONIAL. CAPE OF GOOD HOPE. We have redeived Caps Town journals to October 16, those from Natal to Sept. 27, and the Graham's Town Journal of Oct. 6. The following is the report of the residuary mem bers of the Legislative Council, not delivered at the time our last advice. were despatched : Cape Town, 30th Sept., 1850. To His Excellency Sir H. 0. Smith, But., 0 C. 8., Governor, &c., duo , etc. I. We, the undersigned, nominated by your excellency to act as a board of commiesioners for the purpose of resnming and entipletirg the consideration of the several autjecta which were before the committee of the Legislative Council, appointed to inquire into and report upon the proposed con stitution for the future government of the colony, at the time when the proceedings of the committee were inter rupted by the retirement of the four members of council who recently resigned, have investigated the matters to us re ferred, and have agreed to the following report : 11. By your excellency's letter, appointing us to act, we observe that your purpose is to transmit our report with your own remarks, and any petition from the colonists, to the Right Honourable the Secretary of State, "ice order that her Majesty's government may be in a position to determine upon the course which it shall be fitting to adopt in regard to the establishment of representative institutions at the Cape." From this it follows that the course of legislating upon the subject by ordinance, as prescribed by her Melee ty's lettere patent of the twenty-third of May, 18,50, having became, in fast, impracticable for the present, her been abandoned by your excellency; and as this unavoidable change of plan will necessarily require the recall of those letters patent, and the issue either of other letters patent cr of an order in council, we shall not, in this report, regard the provisions contained in the existing letters patent as near unity withdrawn from our consideration. 111. The letter patent of the 23rd May, 1850, established the following points: "Ist. That the colonial legislature should consist of a governor, a legislative council, and a house of assembly ; both chambers to be entirely deities, except ea to one per son, viz., the president of the Legislative Council. 2ndly. That the chief ;thrice of the colony for the time being should, es officio, be the president of the Legislative Council. " &die. That both Chambers might be dissolved together, should the governor think fit, or the Assembly be dissolved without the L , gislative Council." IV. We believe that the expediency of a Second Chamber is not now questioned by any influential portion of the colonists, and we consider it usneceasary to dwell upon a subject on which there exists, it is believed, little or no die. rsity of opinion. V. In regard to that provision of the existing letters patent which constitutes the chief justice president of the Legislative Council, the case is very different. This sub ject was discussed in the Committee of the Lseillstive Council, and the members were unanimously of opinion that her Majesty should be humbly solicited tc rescind • provision which seemed to bring the bead of the Supreme Court into a connection with the general business of the legislature too else to cocsist with the preservation of that degree of respect from all parties, which so high a magistrate should at all times command,—and which, by combining in one person the distinct duties of =eking and of expounding the law, must tend to lessen the confidence of the public that they will be sure to receive from ti.• chief justice, in his judicial capa city, interpretations of the law which shall be wholly free from any Previous biu arising from opinions given by him In his capacity as a member of the Legislative Council. We believe that the inconveniences likely to be felt from requiring the high functionary in question to descend from the bench of justice into the arena at colonial polities, would far outweigh all the advantages which could be expected to result trim ouch a measure. And we, therefore, venture to express our hope that her Majesty, taking into consideration the uni venal repugnance which exists to risking in such a way the future character of the adosinistratitn of justice in this colony, will be pleased to rescind the provision upon which we are observing, and to leave to the Legislative Council the election of its own president. VI. The powers conferred upon the governor by the letters patent in regard to the dissolution of both bouts 11ssggestker, or the Houe of Assembly separately, we view as betc . extremely areaware irvery salutary. many of the public, taking, u we inruceive, defective views of the objects, uses, end a ivaritages et • Second Chamber, and desiring to place the whole power of the colony in the hands of the Assembly, are prepared to insist that the Assembly shall, in no case, be dissolved unless the Legislative Council be dissolved at the same time. It is probable indeed that a large numerical majo rity of the inhabitants will be found to advocate this re daction upon the right of dissolution. We cannot, however, hesitate to say that we should regard such a restriction as short-sighted and mischievous. It appears to us that one mein end of a Second Chamber is, to moderate the action of popular excitement, and if, in every case of dissolution, the members of both houses are to be elected at the very same time, this main end must be, almost necessarily, sacn geed. No reason can, we think, be given for establishing a qualification, as regards lige, or property for the members of tee Upper Mouse different from that required for members of the Lower, or, indeed, for establishing an Upper House at all, which will not be a reason for rejecting the principle that at the very moment when popular excitemeut will be, presumably, moat violent, the members of both houses shall be chosen under the same impulse. Penons who would ge the duration of both houses, under ordinary eir. cumstances so as to have the elections for both contemporia minus, might yet, most rationally and consistently, make an exception in the peculiar case of dissolution. But how per sons who think that there is • reason, under ordinary circum stances, for arranging the duration of the two houses, so as to have the elections for both at different times, can rationally and consistently maintain that, in the peculiar of a dissolution, the elections for both houses shell for once be simultaneous, we do not understand. We, there fore, humbly recommed, that the provision of the existing letters patent relative to the right of dissolution be retained in any other intrument by which the new constitution may be finally established. VII. We shall now proceed to submit to your excellency the several points considered and provisiosally agreed upon by the Committee of the Legislative Council, previous to the interruption to ite labours already mentioned : "1. That the parliament ought to consist of a governor and two houses—a Legislative C ,uncil and a House of Assembly—was, as we have already stated, unanimously resolved. " 2. It was unanimously rosolved,—That the members of she Assembly should be chosen for three years. " 3. It was unanimously resolvid,—That every person, not subject to any special disqualification, who should have occupied, for his own use and benefit, within the limits of any electoral division, for twelve calendar months, fixed property of the value of 261., should be entitled to be registered as a voter, and to vote, in that division, for mem bers of Assembly. "4. It wee unanimously reeolved,—That the 20 existing fiscal divisions of the co:ony should be, respectively, electoral divisions, returning each two members to the Assembly; that the municipalities of Cape Town and Gress Point, voting as one electoral divisi in, should return four members; and that the municipality of Graham's Town, as another elev. toral division, should return two members ;—making, in all, a House of A ssembly of 46 members. " 6 It was unanimously resolved,—That any person qua 118ed to be registered as a voter, and to vote for members of Assembly, in any electoral division, might be himself elected a member of Assembly for any electoral division. 1 .• 6. It was unanimously resolved,—That the Legislative Council should consist of 15 members. " 7. It was unanimously resolved,—That members of both houses should receive from the colonial revenue a daily 1 allowance for exposes while attending their legislative duties, and also travelling expenses upon the principle of mileage. "8. It was resolved, by a majority,—That the qualifiia• ticn of the electors for both houses should be the same. " 9. It was resolved,by a majority,—That ne person under 30 ]ears of age should be competent to be elected a member of the Legislative Council. " 10. It was resolved, by a majority,—That no person should be competent to be elected a member of the Legisla tive Council who should not be the owner of fixed property, within the colony, to the value of 2,0001. above all registered incembrancu thereon, or the owner of fixed property to the , value of 2,0001. who should be worth 4,0001. above all debts. " 11. It was resolved, by a majority,—That of the mambas of the Legislative Council first chosen, seven should, by 10., vacate their seats at the end of five years, and the rcossidag eight at the end of ten years, in such manner that, t xcept is PM of dissolution, there should be elections of seven mem• bees and of tight members alternate l y, every five years, SO that esch member, after those first elected, should sit for ten yesn. 0 12 It was resolved, by a majority,—That for the pur pose of every election of members of the Legislative Council, Ithe 22 electoral divisions before alluded to should each, by a majority of votes, choose a number of candidates equal to 4.0 whole number of members than to be elected, and that the required number of members should be those candidates for whom the greatest number of electoral dieisioce should be found to have voted. " 13. It wes unanimously resolved,—That no person hold ing say office of profit under her Majesty within the colony should be eligible to be elected as a member of either of the two chambers, and that any member of either chamber accepting any such office should speofaceo vacate his seat " VIII. The foregoing are, we conceive, the only points of any importance which were provisionally agreed upon in the Committee of the Legislative Council, and in order to plus your exoe:l,Ecy in a position to judge of the balance of opinion amongst the members of the committee upon those points in regard to which they were not unanimous—we attach to this report a copy of the minutes signed by the clerk of the council. IX. Fully recognising the value of a suggestion contained in your excellency's letter appointing us to act, we are desirous not to depart, wiles upon the clearest grounds, from any of the conclusions at which the Committee of the Legislative Council had riffled. It would, however, be wrong co conceal from your excellency thm some difference of opinion exists amongst us regarding the proposed quali fication, as well for the.alecithes as for the members of the Legislative Council. Whether these matters should remain as already Axed, or whether a higher property qualification should not be required for electors of the Council than for 1 doctors of the Assembly, and the property qualification of embers of Council, as voted in committee, be, in that' Naas. reduced, are important questions, upon which our rjrare not in unison, and upon which the sense of ony at large has not yet been ascertained. Regard bg it as important that the two houses of parliament Wald, respectively, be so conatitated ee to exhibit as many divenities as may co . nidat with ultimate an em, h • Prd • substantial sameness of origin end oleysets, we can dire.l , ll pp quality by which the Council can be distill/misled fr,sit tee daunt>ly, more marked, or more salutary, or more laced to secure independence of action, than that of ?p pm renting, in a peculiar !runner, the property of t h p c e • tet and with it thaw qualities, Intellectual and moral, *hid% lb; porcasion of property, genera lly speaking, i mp li es, get the manner and degree in which this beeeficial principle ' should be acted on are matters of much difficulty, La s yu , excellency will not, we think, be in a p os i t i on to dotmti., them conclusively until the sentimenu of the public shall have been more generally declared, X. The mode of conducting business adopted in the m ime of the Legislative Council was to rad and ene.id et the report of the Right Honourable the Commi ttee Council for Trade end Plantations, of the 19:11 Jemmy 1850, paragraph by paragraph, and upon our amensblien is a board of commissional, under your excellency's audio. city, we &eased it advisable to continue the mal e c ot ,. Pursuing this system, we resumed the subject matter of that report et Section 31, the clause at which the Committee of the Council leftoff, whenrisingfor the last time, XI. We are humbly of opio - ion that it will be at least in the first iostanee, to abstain from all 'widens:l; regarding the right of any officers of government to take part in the discussions of either house of parliament. i t appears to bee departure from the principle of with. drawing ell officers of government from parry out el , to place any of those officers in the position of disc.s e i o , questions, in either house, which can Pearc r ly Lit to involve them, more or less, in party conteete. so fir m 'the principle of non•interference is concerned, we use perceive little difference between speaking and voting e s members, and speaking without voting as eaten, ' , seeps that raters who attend ea officio are pullet's more likely to become politically and personally obnoxious, then ofsters entitled to sit and vote as members popularly Should either of the houses require information which sty officer of government is supposed to be capable of ad rdiag that officer will, of course upon app!icatiou to the governor, be directed to attend and give all the information in hi power. And it it should hereafter be fould that the !ink, interests suffer from the want of some officers of government to explain and support government measures in both bous, —the Bailment will, when the evil shall hive been pi so tically experienced, be in a position to devise and apply :he 'sleet remedy. XII. Connected with the subject just observed upon is another, which, though it can anareely enter into me :.rural legislation necessary for establishing the new c e , it , w i wi, is, nevertheless, so muck akin to the principle of ailing the officers of government entirely non•political, tom those of us whom it most immediately concern s & s i ft . bring it under your excellency's notice. We allude to the constitution and functions of the Executive C At present, the members of the Executive Council are officers of government. By the royal instructions they are enjoined to advise the governor upon all matters which he shall bring before them ; and he, in turn, is enjoiri s a to coil for 'heir mirk. upon ell matters of importance. But if certaie officers of government are to advise his excellency in rogsrl to what measures he should propose loth° rarliami et; m re. gerd to what measures of the parliament he should amend and return; end, more than all, in regard to what measures of the parliament he should wholly disellow;—it will, we fear, be impossible to 1 reserve those caters from to , iip u:seg up —or, at least, from being supposed to be mixed up —.lth those party contests from which it is intended to wehdraw them. It is to be feared that, should tt.ey at any time feel constrained to offer advice opposed to the impulse of 'he hour, there will be turned against them, as a clique of seer t advisers, a tide of popular indignation stronger by far than any which they could have encountered had they, in one or other of the Cumber', been privileged, as iamb, re mono their fellow nermhers, to urge their reasons in open and fair debate. Thome of us who belong to the executive council, whilst prepared to take upon US any respousini!ity which her Majesty shall be pleased to impose, tel it to be our duty to bring this subject, through your excellency, under the notice of her M.jestys government and the colonial public. XIII. Proceeding to the important subjec- of a "civil list," we observe that the Right Honourable tte Committee of Trade and Plantations appear to recommend the slop. tion of the following principles 14. That the fixed (as contra-distinguished from the ur fixed) expenditure should, before the summuting a parliament, be provided for by law. 2nd. That ;he resainder . of the public revenue eh ---.- be appropriated, annually or otherwise, by the p.rii meet, as the parliament should think fit. " 3rel. That it should be competent for the parliamect, by any act duly passed, to provide, as it should think .1w dealt, for alterations in that fixed expenditure, which. toil so attired, would remain, as already stated, wa der the sanc tion of a law. ei 4th. That her Majesty would be graciously pleased el to exercise her powers, as at all times to confirm wihout hese taeion all laws passed with a bona fide view of reducing expenditure, in cute they were consistent with a doe resod to the claims of individuals on the public faith, with, hew ever, two exceptions, that is to lay, first, laws, lowering the salary of the governor, and, secondly, laws diminishing "the appropriations now toads from the colonial revenue for the maintenance of the establishments required for the prone's lion of order and the spread of civilisation amongst the border tribes.' From laws coming within either of there two exceptions It seems to be intimated that her Majesty*. sanction might be properly withheld, although no claims of individuals were therein involved." XI V. We have given to this delicate and difficult ques tion the fullest consideration in our power, and we nose come to the conclusion that, subject to the p ion of the public' (kith in regard to any existing tights now vested in particular individuals, the entire revenue of the colony sshouldgxn V. That be t.i.fa bbaittt,tct anytew d portionisa all o ax' existing nt t hg h e e s Ippaaurrbl p ies arliament. h . harbours e pl.u ; th e e d f a t e; . future Assembly and Legislative Council, with a view , f removing from office, or reducing the income of such public officers as may not chance to be popular wish those bodies - we should be nary to believe. It is our impression that:ew would, at present, be found to dispute the justice of tbe sea r t ; ie she n Right et o c 0, Det Menan:l, con e ptc; d tih i foostbt have di e :bt enl permanent,e .1 colonial sawimendmgm Co m m itt ee ; id rftT.r.rop: Trade a :: sho t r h : n e t etat ps if p :yot o To: thet l o f had purreasonpurpose of public faith, and on contracts which on their side hare hitherto been strictly fulfilled, ought to retain th ir puerto salaries, so long as they conduct themselves properly, or to receive adequate compensation for their loss . ' Acting upon this view we would propose that the reasonable rights GI .1• isting officers should be placed under her M.jesty's protec tion. If the majority of the inhabitants shell approve, as we think they will, of affording this protection,—the revision in that behalf will meet general acceptance, and if the majority of the iahabitants, having ulterior views, abould unfortunately disapprove of what would appear to Ic bat an act of justice,—we submit that the proteetem room mended will, on that account, be only the more necessary. XVI His excellency will riot, we oust, understand us 11 meaning to say that all existing salaries are to be uncondi tinselly guaranteed. We are aware that all existing pablic servants have not the same claim to consi aeration, and we have no desire to fetter, in regard to any publ c servant, her fd.jeste's r yal pleasure. We only mean to submit that the parliament should take over all her Majesty's exiting re tracts, as well those with public servants as with all other people, in the plight and condition in which they ilia We, therefore, recommend a clause to the effect that all pa. sons holding office under her Majesty at the time of the coming into operation of the new constitution, should CU. time to receive their salaries during their term of °dice, without reduction, unless her Majesty shout! otherwise de termine. I. In thus offering our humble c pinion that no pump nett civil list should be reserved by law, but merely tasting individual rights preserved, so that wnen this temporal I arrangement shall gradually *ease to operate, by office sue naively becoming vacant, the entire c olonial revalue should be subject, without exception, to the power of the parliament,—we would not be unclad' od se thinking it expedient that the whole of the public ees blishments should be at all times provided for by annual vote It would not, we think, be either wise or proper to leave all salaries and services of whatever nature, to be the subject of annual 'agitation, and, perhaps, conteutiou. But cur Coo• victim% is, that whilst in regard to certain services, an eln proprieties more permanent than annual will be hirhy expedient, the power of m 'king that more permanent ap priation cannot be withdrawn from the parliament without a sacrifice of the great principles upon which a ierlianect is granted, and without occui 'ging, tbroughout the nitwit', deep and general discontent. If, at this moment, no ecoutl exist. d in favour of particular growing her her Majesty's previous arrangements—we cannot as how the granting of representative institutions at all could be defended upon any grounds which would not be also proud for leaving to the representatives, when chosen, the right of fixing the scale of remuneration to be paid for aerie's to which, as the ri port of the Committee of Trade wet Observes, " the colonists alone are interested." Sheele her Majesty be pleased to provide that officer , IP' pointed by her Majesty shall not previously to bet gracious greet of representative institutions have the': palatial essentially altered by the fact that she Ina been saved to make that grscious grant, few persons ' it is hoped, will object to such a provision. But further than thu it will, we think, be uaadvieable to go, until the parliament *hall be assembled, and the course of removing from the P re ' cerium class of annual grants certain kinds of e 'pendent!! mot admitting of, or not requiring, annual revision, 'ball have been, by the parliament, considered and adopted. XVIII. The prineipies by which we Propose to rege' e r, the salaries of existing civil servants, will equal 'POI . : the salaries of the renting gy cler of the several deee ° "fd Lions which receive government aid, and to all pension retiring allowances, and, it would also seem, that all P e . it servants now in office should have their claims to futere pensions (estimated according to the principles epplicable to such Ci.il3lß at the time when they respectively entered 0 ) recognized and secured. po X ytiti lX t . , W w e h e tc h h al , l t rwz i dv n e o r t t s to rt l ng few d ri tre i c e t te ly , m ott o t re af er di l e ': i f; port of the Board of Trade, seem to require attics. . XX. We are of opinion that the following gene r al t l o f fications should be established in regard to m ember* either house of parliament, in addition to a n y other dine"' fications already mentioned: " sge. 1. Perns under 21 T ears o • " 2. Persons not born to this ( colony, and not bang ea tural born subjects of the Queen." I. 7 .o e si eo ali n e s n ide b r or th n et turalizaion .act can be introduced which does not co „a : claw' disabling the party from sitting in parlialeer" , 4,o. although in rare instances of great rank or rale did . s_r_e_` , this statutory prohibition has been, through ee u r ;L o n paled, it , believe, occurs that any par t. :zed by acts of parliament become members of k r "3. Uncertlficated insolvents. " Perms of wound mind. :Bnyatthnrealsistaittuioten laats,sfhosunldoionoat :quional4.l. IMPORTANT FROM GERMANY, The following telegraphic despatch, dated Vienna Dec. 2, appears in the Cologne Gazette yesterday : " The articles agreed to between Prince Bchwarz• cnberg and the Minister Mantenffel are suctioned by the Courts of Vienna and Berlin. " Peace is secured." Our Berlin correspondent writes as follows : BERLIN, bac. 2. It is stated in the Deutsche Reform that the Hessian and Schleswig-Holstein questions will both be settled at the flee cobferencea which are to meet in Dresden about the middle of the present month. Count Alvensleben is to represent Prussia, links Mar.. tenffel himself should undertake the office. There are other and very contradictory stories in the several journals. Another fracas is reported to have taken place in the ministry. The King is understood to be satisfied with the settlement decided on at Olmiits. The expected despatches from Wilhemsbad an nouncing the return of the Elector to Cassel, and re questing the withdrawal of the Prussian troops irmul taneously with the Austrians, have not yet arrived. The King's private secretary has been despatched to Cassel to threaten the common council into sending • deputation to the Elector. The armaments have not been suspended. Letters from Viennastate that France has offered the assistance of 10,000 men towards pacifying Holstein. Radowitz denies that the King's letter of the Sth was published with his kno wltdge or consent. ..A correspondent of the Cologne Gazette writes as - follows : • BERLIN, Dec. 2.—lesterday evening communica tions from the government were made to the " Ad. dress Committee." M. Slanteuffel has also explained at length his policy to many deputies invited for that purpose. One question however still remains. What will be done if the proposed arrangements should fail ? On this point all is not clear. A common occupation by the two powers for a certain time was spoken oL A certain number of Prussian and Austrian troops it was, in the supposed event, pro- posed to lease in Carmel. The ministry, it is said, is about to undergo a slight modification. Two Commissioners, one Prussian and another Austrian, are to be sent to Schleswig-Holstein, as voys of the German confederation, in order to use their best endeavours to re-establish pesos on a just basis. FRANKFORT, lice. 2. The evacuation of Baden by the Austri ;11 tro9pe, which hu become strategically necessary by the force assembling in south Germany, will in a few days be amiroplis'ied. The foreign soldiers quartered here committed many excesses last night to the great alarm of the inhabitants. The tranquility and secu rity of the city were much distortr d. The town council met to-day, when it was determined that the soldiers (with the exception of the Frankfortregiment, which took no part in these disorders) should not be allowed in future to quit their barracksafter Lightfal. The Frankfurt Oberpastantts Zeitung says that the Bavarian army is to be increased to 80,000 men, which is to be done (says the Augsburg Gaunt) by calling into areas the classes of 1828 and 1829. Bastins, Dec. 3.—Voluntary LOW 102; New Lnen. Ponr-and-a-Half per Cents., 96f ; National Debt, 811; Commercial Marine Society's Premium, 1161; Beak abyss. 90. _ _ _ _ Vrampa, Die. 2.—Fire per Cent. Meta Shines, 931; Four.and•a-Half par Crete., 811, Busk Shares, 1150. Par-hangs oa Leaioo, 12.50. SPAIN. MADRID, Nov. 28. Oar correspondent informs as that at three in the morning Bravo Murillo, minister of finance, bad tendered to the Queen his resignation. The reason assigned for this step is the extravagant expenditure of Narvan and his colleagues, which hes produced an enormous deficit, ten times as great in fact as the deficit represented to the publio, which is 30 millions of teals. Queen Christina protects Bravo Murillo, who will go into opposition at the head of a pasty of 70 deputies. The Queen hu received the addresses of the two chambers. The council of ministers had assembled to deliberate en the resignation of M. Bravo Murillo. It was thought that this affair would be arcing. d. MADZID, Nov 26.—This. per Cents., 34 15.16 ; afar Beim, %ask Upper. soar pa Conte., 121. p m p er Cones, Our 1501•4 13 imper,l2l cub. Coupon., 11 mar steer balss,7l Jafer. Padres, 31518 cash; atter BARG, 216.16aah. -Beak of lit. Ferdinand, 96 cub. lizebasp as lA•dea. 60.36. E 4!) •witi per . neti 'es:. y o u ebo in c. is , sel in fret 110 1 dor P 9 on/ or or' CF tt Coil to • tte it t , E tr tE , (0 1 trer . r' 0 0, ft' to I earl dip gig k 0 be tbt tar Sr t 0 fp se ol of • TT I