The Express.
London, England, 1852-02-20 00:00:00

the erfreoo.

TO CORILYIPONDiNTIL
Peered IWO= et Tie Lam" soss sembies
" Cissetle." pahtleisi every Theft sal ht tins
kr post.
tem tamosts hilsolset tat " The Itsproa" Limbs Essahht ppm,
pa Met the Odida. 10. Beaverialardat, ), Tao e'sioall so the
day at paldloaalaa.

NIGH WATER AT LONDON BRIDGE.
Taos Daellantlag. VI. No
Twrearaw—manias. Sia.l7m.

LONDON, FRIDAY, FEBRUARY 20.

AT last, the Braintree church-rate cue has been
argued at the bar of the House of Lords, a large
thierigy of the common law judges, with the pon-
dorm* leagued Mr. MANNING, as " the taUEEN'd
easiest= attending their lordships. And,
oa the of the argument, the consulting
he INTO wureeeted to answer the questions put
thouse to them with all convenient expedi-
tion. We are, then, this session, it may be hoped,
within sight of a final judgment on the important
principle Involved in this ten years' 'eel contention.
Let us, therefore, prepare ourselves in time for the
wont, by accurately understanding tho facts of the
case.

We must, first of all, never lose sight of two facts :
1. That the legislature, by not acting on and carry-
ing out its own resolutions for the abolition of church
rates, forced the parties into this litigation ; and 2.
That having done so, three succeeding governments
have availed themselves of the circumstances of the
law being in dispute, to elude and escape trans set-
tlement of the question, to which parliament, or at
least the House of Commons, was,we repeat, pledged.
A very slight retrospect will prove this.
In 1833, church rates were abolished in Ireland.
Their repeal in England immediately became a par-
liamentary question. In 1834, Mr. Divcrr would
have carried • motion for their abolition, without •
substitute, had not Lord ALTHORP promised to sub-
mit a government measure to the house. So pressing,
indeed, was the subject then deemed, that in leas
than a month after having made this promise, Lord
ALTHORP moved, in committee of the whole house,
a resolution, „that, after a time to be fixed, the pay-
meat ,f church rates in England and Wake shall
cease and determine :" and this resolution be carried.
Unfortunately, however, he proposed to contribute
230,0001. a year "out of the proceeds of the land
tax" to the repair of the fabrics of the church; and
so objectionable was his substitute deemed, that
ministers had to abandon the bill founded on the
resolution.

has thus, it would is.., shimmed his dim At Inlti
he let it be known dietitians was Is so reel Ight.
The bill of Lied Jo= dewed es HO els the poses,
and left so many laephelis lee the saamput=
reformism es email a pin i sad WI OM z
Nei the wings so line a
ag:t. that
the helm thought it boot to Ihs 4, us-
=Lio Insealasent," het its Amid!
extortion of a mare gumbo ineseere of
esizireem, talke.Lord aliatityi= :al taw lambs§
Ille mealier foe Buthinghemairm have
mshe up doir studs for a Ufa -They willje
after all, &Wm a rums for this change el room, g
refer to the Nowa dissentient which the blend pries
and the lima Emblems( parliament have displayed
torture 11115Fitisa ef the Paths Motet s&
This le —but wrong. When we are told
that the of the tories has determined upon
eppesiag the new Reform Bill because the liberal
pers object to the measure, it seems,
lea=asight, as though our ancient enemy had felt
**error of his ways, and was about to confess his
ti i to declare his repentance ; and bind himself
ad his followers henceforward to work u faithfully
he our welfare as ho and they have heretofore
117 t for our subjugation.e almost see the
1 e W
vourite of the House of Peers converted to
Stith in political progress, and—leaving the high and
gewgaw regions of hereditary legislation—behold him
about to descend to everyday life, solely for the public
good. Since the whigs are unable to please the peo
.-
ple, the tories will try their hand ; Lord JOHN is
unsuccessful, and Mr. DISRAELI offers his ser-
vices. The radicals denounce the short-romings
of the long-hoped-for bill, and squabble over
its provisions—so m 7 Lord Dame proposes to come
to the rescue- decision, doubtless, liastened b 7 the
hope that Lord Patuensropt might not be unwilling
to damage his into colleagues if a tempting oppor-
tunity should offer for so doing.
Now, then, comes the question :—What are the
liberals to do? is the leader of the protectionists
right or wrong? Is be right in supposing that all
the discussion which has arisen on the details of Lord
JOHN RUSSELL's measure was such a sign of utter
disgust with the new plan that the liberals will join
any party who would help them to strangle it. Or
would not Lord Deese have been more correct in
his view if, seeing the thing in its proper light,
he had felt that the objections, the critiques, the
melding, the exceptions, the complaints, were the
remit rather ef the short-comings of the bill than
of disgust eddi the objects which the bill may emu
tidy ailletteleft Lead DERBY professes to believe the
lend my that hes arisen to be one of utter objets-
lien to the Weer plan for parliamentary re
tation. He would surely have been wisor=
understood the hubbub to indicate the first boisterous
movement towards making that plan more complete
—a hubbub to be succeeded by a vote for the second
reading, and a steady fight in Committee for the
Ballot, and other improvements in the measure.
But Reformers must decide upon their lime et parlia.
mentary operations at once. Will they let go the
representative bird iu the hand for one that Mr.
DISRAELI may promise them in the boil Either
the whip plan is a step in die proper dialed.° or it is
not. Hit la not—if the Asilidell 4 ta.Zry qua-
lification—the removal of the Jewish ty--the
reduction of the franchise ipaillleaden is towns and
counties, and the giving a Milk to el who contribute
to the direct taxes—if thus are not considered
to be concessions to pion demands and
.popular
requirements, the mum el the radicals is clear
enough. By voting with Lard DIEM they may
turn out the whip. The whip, swessway from the
comforts of that place they lose se dearly and have
enjoyed so long, may, in their Emperalson, juin in
an opposition demand far lemaltald, er men sei-
verml suffrage; but, though Psalm may premise
and conservatives cajole, coos put them Ingmar and
the tories will concede nothing. Thek mess in
all likelihood would be to allow the pope aid
income tax to expire, and thus—having the
way for a deficiency of income—they m am *air
friends tells us, propose a fixed duty on all I=g
ef cower, including. corn : thus, indirectly,
a virtual " protection to agriculture." The flight
which these who have rights to win from the tight
grasp of adverse governments—that Woggle which
the labouring many, in this and other esoteric, have
had to wage with the poesessing and enjoying few,
would have to begin afresh. Tun, we might
have an interested phalanx of ex-plaoemen on our
side; we might have the sweet voices of many now
mute, to help us shout the chorus of popular
shims. But this song must be raised from the
rend we now occupy. The parliament, just
wortgaold, would have advanocd us nothing ;
rave been lost for progress. And such things
considered, it remains for decision whether we
should take—with correct ions—the proffered whig
instalment of reform, or, by going against it, play
into Lord DERBY'S bands, and upset the whig coach,
I—casting to fortune to save our own limbs in the
general crash that may ensue.

The resolution itself, however, remained; and on
it Sir ROBERT PEEL, in March, 1833, he being then
in power, proposed to act ; but before he could do so,
the whigs bail again come into office. The opposition
to church rates increasing, Lord MELBOURNE'S go-
vernment again made an attempt to settle the ques-
tion; and this time in the right direction. In March,
1837, the then Chancellor of the Exchequer, Mr.
Sense RICE, moved, in committee, " That it is the
opinion of this committee, that for the repair and
maintenance of parochial churches and chapels in
England and Wales, and the duo celebra-
tion of Divine units; therein, a permanent
and adequate provision be made out of an
increased value to church lands." The house, by a
majority of 23, adopted this resolution; but, on Mr.
A. JOHNSTONE 'subsequently moving, as an amend-
ment to its further consideration, that funds so
derived should be applied to religious instruction,
ministers had only a majority of 5; whereupon Lord
lons RUSSELL declined to introduce a bill founded
on the resolution he had carried, and cushioned the
question by appointing a committee to inquire into
the means of increasing the value of church lands.
Meanwhile, Sir JonN CAMPBELL published his re-
markable pamphlet. maintaining, 1, that church rate
was not an absolute charge on land, but merely a
personal tax on parishioners, according to their
means and ability ; and, 2, that the solo power of
making a rate rested in an actual majority of
parishioners in vestry assembled.
The immediate consequence of Lord J. RusseLL's
refusal to persevere in giving effect to the two reso-
lutions of the House of Commons (that of the 21st of
April. 1833, and of the lath of March, 1837) was the
first Braintree case; for our renders must not forget
that there have been two. The vestry proceedings
out of which it arose took place on the 2nd of June,
1837. A rate of 3e. in the pound was pro-
posed ; and on that motion an amendment,
adjourning the consideration of the rate for
twelve months was carried: Thereupon the
pariah officers themselves, out of vestry, laid
on a rate. This, however, was held by
the Queen's Bench, and, on appeal, by the Exche-
quer Chamber also, to be invalid, for want of con-
sent of the parishioners in vestry. In giving the
judgment of the appellate court a doubt was thrown
by Chief-Justice TINDAL ea to whether, in case of a
majority of the parishioners assembled in vestry re.
fusing to vote a rate at all, the minority, remaining
and continuing the same meeting, may not, comn-
dered as representing and acting for the majority,
make the rate.

This doubt, expressed in a cue of " Veley v.
Burder " the first Braintree case, produced " Veley
r. Gosling," the second Braintree ease; and
it is still pending. In May, 1841, a vestry
meeting to make a rate woe called, and a majority
voted " that the rate proposed be not granted." A
monition to make a rate was then issued from the
Consistory Court of the Bishop of LONDON; and on
the 15th July, 1841, another vestry was held. A
rate of 2s. was proposed, but an amendment against
the principle of all compulsory payments, and abso-
lutely refusing to make a rate, was carried. Where-
upon the churchwardens, and a minority present in
vestry, made • rate. Proceedings to enforce it
were taken in the Consistory Court against Mr.
GOSLING; Dr. Lustrturrox there held the
rate to be bed. On appeal to the Arches
Court, Sir Huser.nr 'INNER FUSE overruled
his j t, pmneemeed it to be good.
On preh in the Queen's Bench, Lord DENNAN
trappeeltd Dr. Lusitivoreefe view! in the Exche-
quer Chatter a majority se the jeeps agreed with
Sir M. J. Far; and thew the nos was carried to
the Hems ci Lore, whim it be' jest has
114.11 r. BAIIIVIL 0001111AULD, the IsederaTtt;
opposition. MU the ammlttes of kit
amoise—if the Lords support rate, their
denim will not ibe ot the power of
a taborky is wag to a tele—indeoly that
a minerity mast motets give dronmatoneen 'night
do le. 7isemb of expellent" of dolleMhte •
Amok sale woutM Sill remain, Mk IN effleatit
aheraintartime adman to TVs,
=1:1 imiler modiste AnTiShat the
oase. before the Quese's there
on a dlibrent set d sboomosooo bedew the
'me to give it farther eampatint as to the premier
powers elminoritiee in vatedim. 8o that very little
will be imbed sea by the Reese of Lords eil=
Xleplest the Braintme remernte. P
tannins will o* smoke the now shim-
mies into a blosiegfiss.
Dean all this time the cow _thentssies has
=raw more and more ma atimed
em 11e4age as 1841 Dr. Moo=
be wadi hes to do with them at 144111
wad aim then 100, . have bees in chersh
ma sine there. In the other towns at the
We* INlistotoreh rata hes base amassed :
neither he Psolind nor Maas Hodimelsid oar
Ilholield. Weida sot &soft it Sere new any
omit tax SSA Las Iseista=st=lly at
lataaPtak wiltb at and
etboreat tams &mak rates ere sew 'new
of ; yet ever sines their
;Ms passes the paws et dr chtrto.
inoranoad ; more mosey ham born raised; Imo
alterehee have been built; and mere data OF
gZeolgretedrhse sand church-rate equei. seed
the monks
'Ai general &peals ca the part of eherclumn
to speed their own plane of warship wild to go
far to settle the Susie.; for it remittontlM greatest
=Z aostributing ant of the gesmil
6-tee tpo et
ssatry to the repair shembse,
and, .coati,and. applying aura proprlety to °tin'
Shia spirited peoperes; and. them removed, the
other °heti to a plan he the soin raid of
dintentere see se taw the mak lir. Quasi-steed
Mr. Bazorr meld body Mir ism amiable sow
feronce over this.

FRANCE.
(11T ILIOTRIC TILEGRAPIL)
PARIS, THORRDAT MORNING.
The government engage to guarantee the opera-
tions of the Railway Share Bank to the extent of a
million of francs.

An active division of infantry is to be formed at
Lyons under General Castellane, and commanded by
General Herbillon, who is replaced at Boum by
General de Mortemart

The Customs duties for January, 1832, amount to
10,287,349 francs—an increase of two millions com-
pared with 1851, and of one million compared with
1850.

Moatalembert was presented yesterday to the
President, by Onizot, as Academician.

PA/LIN FEB. 19.—Five per Cents., 103 f. 80c. ; Three
per Cents, 6.1 f. 80c. Beak Shares, 2,887 f. 60c.

At the time of On to press our Paris parcel of
lest evening's date, dee this morning, had not arrived
The following, Ave a morning paper, gives the
mahatma of the Mimed articles of the Pans papers
cat the sow " Press law: "
The basis, la its 11•111■Meille el the ream dietie-
gobbles between ouch as base bees berremel hme pram
laws needle Is bad time. sad amoldes af which the
thief if the its may dam the livesse et exclusive Juven-
iles. " We "MUM 69 observe her the Damp) that the
essos et Mb Grads are far troeV, sew end meat.
Ina is a lime a GM sews ? A mew a drat. seek
ea might led its way We say Jo* dem that emisteme
dim ams / It meld be dedealie yet the gems a
Oh aide Meld be sapling as eadmetly." The aba-
tis. of tba and the wheembox as. Tempt the emel-
Didairiktlee paors, ' et all the Mee-
meow Mere, the sea ./rave le
that wade amen. -6e of essipae* gat .rerros.
sies''—ea Om it leave Me mildea. TM Issostilit
Nattsiesi essmassme by bleeds( lbe eionsgeles
et
the pease is bosom a Mat power ht the
'mate. Its peeper pea le that a eimple seatrel enrolled
the
wade dee ham The loom bee Meg: mane,
ere meem ea mest dr listuadeelahle see this
eight be set shwa. Prosaing le the Mae se'
tile lemma, Oho /nosh"- Mm all West le the mem
mew Wee
ori
le
mad the amp esto se the
der Me st paw sepia al Meg
Se Tam
aim. The a de 'July dew set, the males
a the aim mimes the Mariana st die park br
jades expos IM palm add miaow of die stemat At
see time Miff mph teed at maw 4111114111•1 helloed-
unihatair Mete aresvtils*assie impartiality to 1
at dm beads of se isisemims Immovable
The weigh mt. may the immedisie aerie,
bes—Wire Ms emmal Ammar ea teedemise a she as-
amedjitima ea Mike amendeety. ate, looks 1
la We asgssiss sod suppression elmsr et the theme as
isinlly Isg, bang mask wane thes Ys ssasorship, as of
smog they me. hied, aroma wad be wasted 116
oast. te TIM male easarise as Ihilmn We
bsee iielbeiNnied Os reesisiss the ahem a the liberty I
alhipaaad we have mowed of the areas whine
Ed. the mercies of that liberty. Oa the ether
ole net set to be Magma that the May of
m May Me Ger maw and
"rims rbersesisaildi amey ram metea to tame It
If
111.
"Tat
aelehleid papers maws
make teg ibe dime et beigeedeed gems. The levet
Mena mows elk se weak( and beem
ad. al""
el the maidleame a the ~stir, and teem mem nt-
same d eal by maw a emadmat Mil* le power a
theamed times mon demonme Ma wield be the enovs,
the edelehm or the Waist of the mem." The Conga -
Mosenalra that the pram can lise .5. the Prime
Mine, ead te live Se oe mmek peabobly. ea its
Meer mite. The Per, the sibs gweessissat
MINOR ohm equal adieholes with the ?reddest et Ms
ItepilitiVe obese. Ths aka h Cast. Wm maid ether
pram what lave Ile Mr of informero, polke sage-

LORD DERBY has ateingsasil tinesagh his news•
paper friends that ha kends Is appose the aseand
reading of the Ps.rliamatsay lapswM el—Bid. H.

THE EXPRESS!' 416 W 'P*BitlLtitY

Wag NA Owl eat entaelitta lase lbelareiem"
Prow pap 116a.povenuessi Ile
We see N. ingt the easeimser2 Meat
mate-deedg Wereesseitee say the
dr km aet aiseded seps-
TM and direaspeent
basest a.. get Willa be show that it esse
the we. se leglimmet stamen, gad awaits. kale
Iwo tha vs pay as gempeehie esealosat
rues=aleed that Nem his say Wiwi egmed
itself whist this lavessese meaty with sash mreseses
sad redoubtable prematisas."
The Comeibrahmart gentatos a Wart& contra"
dialing the easesemat at the Prom and Seek
that M. Gam Weeds suMag formai as s
date tbe sevandimennat at ficeanx, to oppesidea
to M. Verve.

M. de Sivry, Probed of the Meurthe, las addreseed
a proclamation to the labaMtanta of that teratelseltt,
informing them that the allaillate. for
its three district, an aspbew at the ge-
neral of that name, M. Baguet, incaerly mayor of
Houdemont, and M. Viard, member of the last As-
sembly and of the consultative commission.
Thu Cunditutionnel says :
It is announced that a decree relative to the creation of
institutions of malt homier is shortly to appear. The
Prim* President, desirous of affording aid to agriculture,
bad a few days after the 2nd of Dseember named a coin-
SliftiOn to inquire into the subject, and to propose a poe-
tical solution. That commission was composed of met
known for their capity, vie., M. Leplegue Barra, Pistols
dent of the Conn of Caseation; M. Lebsuf, Signet of the
Bank of France; M. Ernest Andre, IL de Veritry, es-
Sub-Secretary of State at the Ministerial Department of
Finance; M. Meaner do Morney, and M. lowan. This
commission, after having held long conferences, with M.
Lerchre-DurutiO la the chair, has drawn up a bill which
has been approved of by the government. It is impassible
that a law prepared by men so competent and so enlight-
ened, should sot be in conformity wita true principle, of
Ramada economy.