The Express.
London, England, 1847-03-19 00:00:00


contemplated; if it should terminate, not merely
in the worsting of the Americans, and the curing
of their war-frenzy, but in the resuscitation of public
spirit in Mexico, and the opening out of the stagnant
reservoirs of wealth, which the church kept closed and
guarded. SANTA ANNA'S Fabian system of action is
evidently the best for producing such a result.
Battle would hat stir Yankee spirit, which fever and
inaction has tamed even in the breast of every
volunteer.

THE Journal des Debate, of Saturday contains a
preamble of enormous length to a projet de lot on the
subject of legal education, recently presented to the
Chamber of Peers by the Minister of l'ulkie Instruc-
tion. Though the mechanism of English legislation
offers little justification for national vanity, we think
that we may congratulate ourselves on escaping the
voluminous exposition of reasons for proposing a bill
(exposé des mottle) which is submitted, together with
the bill itself, to the bureaux of the French legisla-
ture. In the present case, while proposing certain
alterations is the courses of lectures provided for
students of law, in the mode of appointing professors,
and in other matters of detail, though no doubt of im-
portance, the minister expatiates in a general eulogy
of jurisprudence as compared withother sciences, and of
course of France as compared with other nations which
have pursued the study of law. In paying a well-
deserved tribute to the merits of the parliaments
Iwbich, from a very early period to the revolution,
maintained so high a judicial character, he rather ab-
laurdly attributes to their influence a general know-
' ledge of legal principles, a respect for law, an attach-
ment to justice, which, he says, has become peculiar
to the nation, and which is the beet guarantee of its
liberties. With more justice he takes pride in the
flourishing condition of French jurisprudence. Its
extent and its limitations are equally a matter of con
gratulation. Some objectors, he admits, complain
diet the German and Italian Universities carry on
the study in a more philosophic spirit, and
take a wider range of knowledge. But even
this apparent inferiority arises, it seems, from
the happier condition of France. The equality
et song rights, and the unity of a great
kiegissa,exempt French jurists from the necessity of
investigating the complicated relations of different
ceders and of petty states which force themselves on
the cognizance of a German. In short, nothing can
excel the present perfection of legal knowledge and
education except the state to which it is proposed by
the new law to elevate it,
It does not occur to the Minister of Public Instrue-
tion to compare. the state of legal education which
he proposes to improve with that of England ; and
we really give him credit for not availing himself of
so easy an occasion of triumph. He need not have
Otdfor any eomparative want of an ency-
character in French jurisprudence, or ex-
away any prima feels superiority on the part
of England. He had merely to show that there was
some attention paid to legal education in France to
secure an undisputed victory. If anything is done
there to promote the study of jurisprudence it can-
not fail to be a step beyond the notning which is dons
amongst ourselves.
Nor is it on a small scale that successive French
governments have provided for the promotion of this
branch of learning. A series of laws and ordinances,
beginning from the time of NAPOLEON, have esta-
blished the system of teaching on a scale which.may
strike an English reader with astonishment. The
schools of law in eight of the principal provincial
towns are each provided with five professorial chairs ;
while Paris alone possesses eighteen, which it is pro-
poeed under the new system to reduce to ten. The
courses of lectures and of study
.extend to Roman
law, the civil code, civil and criminal practice, to
procedure, criminal legislation, the commercial code,
administrative, jurisprudence, the law of nations, the
history of Roman and of French law, French con-
stitutional law, and comparative criminal legislation.
Nor are these mere nominal provisions for instruction
addressed to empty lecture-rooms. The number of
provincial students of law is about 2,000, and those
in Paris exceed 3,000, making the whole number
5,300; and this is the case, although as the minister
observes, attendance on the lectures is not obligatory,
either on those who adopt the profession of notaries,
or, as he would wish that it should be made, on the
great number of candidates for employment in admi-
nistrative departments.
To the question what England has to set off against
this vast establishment ? the simple answer is—no-
. ~

thing. Itis hardly worth while 'to discuss the few
exceptions to the general proposition, that we possess
no means whatever of scientific legal education. The
few courses of lectures on jurisprudence which are
given at different institutions, have too limited an
operation, and too trifling influence, to be worth
taking seriously into consideration. The attainments
of English lawyers, though sometimes wonderful in
bulk and in minuteness, are wholly owing to indivi-
dual research, and to actual professional practice.
It would be a great error to suppose that the supe-
riority of French lawyers and judges to our own is in
any way proportionate to their more enlarged and
scientific education. There never was a system of
jurisprudence which required greater subtlety or
closeness of reasoning, or sharpened the faculties
more, than our own. If its general principles are
neither explained to the student, nor easily found in
books, a really legal intellect will collect them from
individual eases, and apply them by analogy when a
new question arises for solution.
Nevertheless, the want of a systematic study of
jurisprudence is greatly to be regretted. The lawyer
only. picks up the principles of law by accident, from
particular cues; and the layman, whether he is a
magistrate, an official, or a legislator, has no means
of acquiring them at all. When questions of inter-
national law arise, they are referred to lawyers who
have almost certainly never studied public jurispru-
dence till they are called upon to apply it. When
legal changes are proposed the views of lawyers are
almost always narrow, and others are too ignorant to
venture without their guidance. In all branches of
knowledge which are connected with jurisprudence,
such as constitutional history, our national deficiencies
are notorious, though not perhaps in a greater degree
than is the case in many other departments of learning.
When we come, however, to suggest a remedy for
the admitted defect, it is not sufficient to propose the
institution of professorships, or lectures, or exami-
nations. It is hardly necessary to say that we wish
well to all such attempts, and that we allow their
probable utility. But to make oar legal education
really scientific, we believe that a change must take
piece in the law itself. Mere provisions for instruc-
tion are of comparatively little use, as long as there is
no definite anti tangible advantage offered to those
for whom they are intended. If professors of juris-
prudence, equal to SAVTONT en learning, and to
fillumor in eloquence, were established in Oxford,
Cambridge, or London, they would find but a thin
and dilettante audience. Few young lawyers would
devote their time to master the science, for the plain
reason that it would not be their interest to do so.
The profoundest knowledge of jurisprudence would
seldom bring a single brief. Three years in the chain-
' hers of the Tian, or the DUVAL, of the day, would
tell more in favour of the practitioner than all the
learning of all the faculties of France.
English law, in its present state, can only be learned
from practice, and from reading reported cases. Even
the few scientific treatises which are published, offer
little real assistance to the lawyer in practice. What
he wants to know every hour is the. precise ruling of
the courts on some point which arises ; and as the
courts always confine their judgments to the
exact case before them, the general principles
which they promulgate are necessarily limited
by special conditions. Putting out of question
the early common law, and the chaos of acts
of parliament, which, as we have frequently stated,
become actually law only after they have been inter-
preted by the courts, the law of England consists
only of an accumulation of particular cases which
have come under judicial cognizance. For any case
which has not occurred in practice there is no law
provided ; and such cases are occurring every day.
The judges make the law, and have no power to make
it prospectively. The best legal adviser is he who is
most completely master of precedents, and most inge-
nious in drawing analogies from them to new cases.
Such a law as this it is almost impossible to teach
scientifically ; and till it is more oriels systematized by
codification, we look for no thorough-going improve-
ment in legal education. Yet we believe that in the
vast mass of reports there are contained admirable
materials for jurisprudence. What is wanted is not
to overthrow the long series of judicial decisions, but
to deduce their general results, and affirm the
principles involved Cu them by legislative authority.
The difficulty of accomplishing the teak might be great,

bat there need be no delay in making a beginning, if
parliament would merely enaction in its several
branches the existing law as made by the judges, it
would have taken an important step. The law would
then cease to be retrospective, and as far etalm
oedents extend, could no longer be overruled.
would be a definite amount of law to deal with; and
the next step would be to reduce it in balk, by sub-
stituting general rules for the particular eases which
established them. By degrees each department of
the law would become intelligible, and capable of
being taught, as well as, if necessary, of being
amended.

We have received the Paris journgl, and oorres-
pondence of Wednesday, which are without interest
for the English public.
The statement quoted in our correspondence of
yesterday that the expenses of the funeral of M.
Martin du Nord were to be defrayed by the govern-
ment, is officially contradicted. They are to be paid
by his family.
Le Onto-ter Franyds says that France has offered
its mediation to reconcile the governments of Turkey
and Greece, and that the proposal has been declined
by the Porte.
It is announced that the Pope is about to eend an
accredited agent to China to protect the interests of
the Catholics in the Celestial Empire.

The Madrid mails, with letters and journals of the
12th, have been received.
General Manuel de In Concha had left for Vallado-
lid, of which he was appointed Captain-Geueral. It
was said that General Joie de la Concha would re-
place General Ores as minister of war. The amend-
ment of Gen. San Miguel, to give a longer amnesty,
was lost by a small majority of 98 against 71.
El Foment° says that a steam-boat passenger lately
arrived at Barcelona, said that he saw at Genoa, sot

days before, the Count do Molina nt inns in one of
the churches there, and that he also saw there ths
Carlist chief Cabrera. _

El Eco del Conscreto says that there is a schism in
the new ministry. The resignation of MM. Oraa„
Montillan, and Bravo Murillo, was spoken of, thaw
ministers finding it impossible to agree in the views
of their colleagues.

PROFITS IN TRADE.—A court of justice at Vienna
has condemned the wealthy Oreek house, Sine and Co., to
pay to Meters. Altmann, of l'esth, in Hungary, 180,000 t.
(1,800,000 florins) u their share of the profits on the contract
for tobacco for a single year, entered into with the Austria*
government.
POVULAR Yorrs.—lt is a lucky thing that Hood
was not a Prussian, otherwise his " Song of the Shirt" might
have cost him dear. A Dr. Voa Meyer, at Berlin, has been
accused of what are called communistic tendencies at Berlin,
for only roadolg a composition called " The Weaver's Song,"
by Heinrich Heine, the literary exile at Paris. One witness
examined, to incriminate the doctor, is said to have stated
that he informed against him becanee he hatel him. Dr.
Meyer was nevertheless sentenced to long imprisonment,
and although he has appealed against the sentence he is to
remain in confinement until the decision on the appeal f•
• formed. . .

11

BAVARIA.—LoLt MONTES.—A letter appeared
yesterday in the Morning Post and in the Times, Wain/
the signature of this person ; but whether it is genuine at
open to a doubt. It is in the following terms
Mr. Editor.—/laving bad a copy of
,your paper of the 2d that. sae
to me, in justice to myself I trust you will Inissrt the following shoat
secomet of the real state of affairs here, and which, at the some than,
will be a cootradletion to the numerous artuiro which time Islsky
appeared in the French paper :—I left Paris in June lastarda:
trofeseional trip, and, mooned other uta rangemea, i
upon visiting Munich, and where, for the first time, I had
the honour of appearing before Ins Majesty, and receiving
from him marks of approbation, and winch, you are swim;
Is not a very unusual thing for a profneumal person to
celve at • foreign court. I had nut been here a week Were
I discovered that there we. a plot relating in the town to get es
out of it, and that the party was the Jesuit party ; of coarse von are
aware that Bauda has lung been their stronghold, and Manieh their
head-quartet, Thin, naturally, toe person brought up and Intruded
from her cull.* youth to detest this party (I think you will my
jingly) irritated me not a little. When they saw that I wee est
likely to leave them, they commenced on another teak, and tried what
bribery would do, and actually offend me 5.0.000 fr. yearly U I wean
quit Bavaria and promise never to return. Tine, as yen nay
Imagine, opened my eyes ; and, as I indignantly refused their air,
they have since then not left a stone unturned to get rid of mo.
and have never for se Indent mon, persecuting me. I say
mention as one histanoe, that within this last week a Jesuit protegee
of ph,:oeophy in the university here was removed from his preilless
sorship, of toe name of Lasmalt, upon which the lout, mkt end
hired a mob to insult nse, end break the window* of my house, eat
also to attack the palace; but, thanks to the better what of the
other party, and the devotedness of the soldiers to bin Majesty and Me
authority, this plot likewise failed. The late change In the ministry
' that you allude to wss a spontaneous act of his Majeetra, eel yea
pay ice too great a compliment in supposing that I was a party to
suds a immure; but from what I have scam and heard of his Me.
laity, I should think he had sere just 'rounds li r taking the wee
which be did. since my residence here I can safety my Usti
have in no way interfered in any affairs not comeritladiA
self end u I Intend making it my future abode, It le
undying to me hearing Ito many scandalous and utifoun
which are daily propagated; and, to justice to myself nod wy flew
prospects in lite, trust that yours 11l sot hesitate so insert tall Misr In
your widely cireulatod journal, arid show my friends and the pills
bow unjustly and cruelly I have ben treated by the i,tmlt piety's
Munich. knowing that your columns are always open to protest say
one unjustly mime', and more es;secially when that one is an un-
protected female, makes me rely upon you fur the insertion of this;
and I have the honour to subscribe myself your obliged ,seen{,
Munich, March It. Loses Mourne.
' The last number of the Revue Jos Druz Monks, in al-
, Incline to the Munich scandal, Mesa that Lola Mentes'
,hence over the king is daily increasing, and everybody at
Munich knows the extreme coutithis.-• oh • has in its resell.
She openly says that she is sure of being naturalised, and
created " Countess of Sterofeld," the name of an estate jest
bought for her. She has received 40,008 florin for the
delay ooensioned by the refusal of tho refractory ministate.
Her arrogance increases with her favour, and she is stated
to have warned two ladies of the court, who had looked et
her with disdain' that she wou:d slap their faces on the fiset
occasion. On the other hand, we learn from another some
that his Bavarian Majesty has order, d the di-charge dal
the persons who were imprlsoued for participating in the
disturbances on the late change of ministers.
TURKEY.— CONSTANTINOPLE. Tea "DAILY
News."—lt is a rather curious sign of the times to find the
official organ of the Sublime Porte quoting a document of
that government front a London paper. The Daily Nese
was the only paper in Europe which published the ultimata=
addressed by the Turkish government to that of Persia;
and the Journal de Constantinople of the 21st dt., in
quoting it, says :—" The English coursing paper, the Daily
News, though it has been but a short time established, has
taken a leading position among the organs of public opinion.
It is remarkable for the variety and correctness of the WWII
supplied by its correspondents from Constantinople, &CI
which we quote an analysis of the ultimatum on the Tam-
Persian &Tote, addressed by the Sublime Porte to the
cabinet of Teheran."
THE CAUCASUS.—Letters from Tiflis of the
12th Feb. give detailed accounts of the operations of Gomel
Neateroff, who on the 20th Jan. last, at the head of U
men of horse and foot, 8 field-pieces, and a miriade{ d
Cossacks, crossed the defile of Reuel...chit, and eaouopet
along the coast of Galaschewxes at the mouth of the Alp►
ali, where it flows into the Aare. Ile remained theist.
the let Feb., when he beat the forests in the defile of Eand• •
whiz, and on the left bank of the Am. He was contemn*
herassed by the enemy, who were, however, always drives
hack. The inhabitants of the subs, between the Ara suse
the Sundscha, were compelled to leave their habitaticma
and to retire with their goods aril chattels beyond the
right bank of the Asia, near the river Pfeda, .10
a retired spot, where they thought they was WPM •
reach. General Neetereff sent two or three datilideada. •
against them to huat them out, and take sway Iblis pm- .
visions ; two battalions of Cossacks, two guns, and the hmall
militia were sent on this expedition. The troops crossed
the Am, and burnt down four villages. kfahomed
Aesorof withdrew with all his followers to the wowed
heights, where he was joined by the whole population dams
Ants. They hoped to fall upon the Russians in their re-
treat ; but Colonel Svtewski attacked them and put them to
the rout. The troops returned to the camp on the 2nd id
February, and General Nesteroff then descended the Aim
towards the Bondja. On the 3rd he destroyed the Ad
Humus, on the Fortanga, having in thirteen clays °peed
two maids to the passes of Galasclieff, cleared the fortes, de-
stroyed eleven awls between the ARM and the Penang*, and
re-established communications with the country 40 On
Oalascheifs. Meantime, a portion of the garrison of the
fort of Atachoi had made en expedition against the aul
Katurjust and in the defiles of the Fortaoga. These opal&
time have had a great effect on the mountaineers.

COLONIAL.
NEWFOUNDLAND.—The latest dates from this
colony give accounts of a very severe winter—the severed
which has been remembered for years. The ill-housed in-
habitants of St. John's (the capital of the island), who haw
bendy recovered from the effects of the two disastrous dew.
and of the severe hurricane with which they were visited is
the mune of last year, were, a little after midnight, on the
26th of January, alarmed by the heavy guns upon the lot-
tery giving warning of a fresh conthigration. Tbe
od-
lector's house, adjoining the Collegiate Institution of Bib*
Field, and in the neighbourhood of St. Thomas' Church, Ada
prey to the devouring element, which would have made
further ravages, had it not been for the extreme severity Of
the night, which occasioned the water which was throws
upon the burning houses to become lee upon their shin &
fs roo, and so prevented the current of air t
wily-ignited materials. The oollector's lady ahat other
inmates made their escape in the dead of night wbes the
thermometer was considerably below Zero. His l
the Bishop of Newfoundland, had only landedwatit
afternoon preceding the fire from the Sandwich peta':
which he had arrived after a voyage to England, no
for the purpose of raising funds for the repair of St. Jabal
Church, which served as the cathedral, which had best
burnt down in the former fire. A sentiment of rollback pa. .
sides the colony towards Sir Thomas Cochrane, late governs'
of the island (now admiral upon the Hong-Kong statilljr
far his munificent donation of 100 L to the relief of the -
hirers by the late firs.
GOOD NIWI PM 110 81ALE111.—An early Vitae, made
its appearance is our harbour yesterday (January:s), sad
met with a reception which it is not at all probable it Who-
plod, nor is it likely it relished. This welcome visor woo