The Express.
London, England, 1847-05-27 00:00:00

•.• Atleertlaenteni
=tat heat the

WIWI WATER AT LONDON-BRIDGE.
Tin DAT —lf nimbi/. I oda. put 0 ; Ailsrates. 25 mla. past 0
T04101110,0-11ongeg. 44 dn. put 0; ARINIIOOO, 5 ella. pant 1.

LONDON, THURSDAY, MAY 27.

Ir is painful and indecorous to regard the dis-
tracted state of the royal family of Spain with feel-
ings that excite laughter. Pity would be a sentiment
more desirable to preserve. But it is quite im-
possible. The court possesses two royal and rustic
habitations: one at some distance north, the other at
some distance south, of Madrid. The Queen has be-
taken herself to one, and beguiles her time in
bunting through the woods of Aranjuez. The
King, in dudgeon, has set off to enjoy similar pastime
at the Pardo. As the Queen has shown some lean-
ing to the liberals, and is said to have bestowed her
political confidence on a liberal general, of course
the Nloderado party, in the absence of CHRISTINA and
of the MONTVENSIEILY, has embraced the cause of the
King. What the strength of that cause is, does not
appear. What right Don FRANCISCO has acquired
by his marriage to lead a party in the state would be
difficult to ascertain or assert. But he is a pisalkr
for the moderados ; the best name they could find ; and
accordingly they are all throwing up their caps for
Don Faaricisco.
All people are pretty well informed as to the
nature of DoN FRANCISCO'S marriage ; and few
would be prepared to award him other guerdone, than
the pillory, or a fool's-cap. Still we may conceive
that the prince might consider himself injured—that
be might feel hurt at the repugnance shown by the
Queen towards him. But how does he resent this ?
He neither will consent to join the Queen at
Aranjuez, nor will he admit of divorce. All he
demands is, power and money, a share of authority—
the fingering of the crown property. Don FRANCISCO
is frank enough not to allude to either his feelings or
his honour. He was aider and abettor in forcing the
Queen into a • with him. He does not want
to live with her. His desire is to have her fortune,
not her person. Surely, if ever ruffian demanded
kicking and branding, it is the wretch who could
behave like this. No romance-writer ever yet imagined
such a concentration of meanness!
.

Yet such is the personage who has succeeded CHATS- I
TINA in the chieftainship of the moderado party.
Such is the prince, whom the French court adopts,
and pets, and instructs, and puts forward, to keep the
sovereign place warm for the MONTPENSIERS, and to
thwart, annoy, and perhaps dethrone, the rightful
queen. Having ford this lay-figure into half the
occupation of the Spanish throne, the French court
proceeds to put the rancour and villany of a bad,
ambitious, avaricious heart, into it, as if a husband
was given to the Queen solely to mortify and to ruin
her; and as if Don FRANCISCO was to be fully pre-
pared for, and supported in, the performance of this
task. _ _ .

The wretched ministers of Spain, with so little
of Castilian honour, or of the sentiments of a Cabal-
Jere in them, are hesitating which side they shall
adopt ; whether they shall support the rights of their
injured and menaced Queen, or whether it may not
be more prudent for them to stick close by France,
and espouse the pretensions of Dos Fassctsco. We do
not include all the members of the Spanish cabinet in
this category, bat the majority display this disgrace-
ful indifference. . . _

It is known that Queen ISABELLA, notwithstand-
ing her disgust towards Don FRANCISCO, consented
that he should retain the title and honour of King, if
he did not insist on having with it the control of the
Etc;of its functionaries, and of the crown property.
ItANctsco, in the hands of the French party, who
raised him to his kingship, and a slave to the sugges-
tions of nuns and friars, would employ these re-
venues, and organise the palace itself in secret, if not
in open, enmity and opposition to the Queen. To
grant Don FRANCISCO this, would be giving the '
perverse fool a rope wherewith to strangle the Queen, '
whom he has wronged. To yield to his demands
would be rashness and folly.
His insisting on such, and setting up a party in
the state to obtain them, compels the Queen, in self-
defence, to demand a divorce, and on the most legiti-
mate grounds. If the Pope refuse to entertain the
petition, the legislature of Spain can undoubtedly do
so. And no Spaniard ought, in merely French in-
terests, to set himself in opposition to such a demand,
that could not be made without reason before a
national tribunal.

It were to be wished that the more sane Moderados
would support the Queen in the justice of this demand.
For if the following out this aim be left to merely ono
party in the state, and that the Exalted° one, civil war
will probably be re-allumed, and the national militia
of citizens once more arrayed against the army.
Under such circumstances the Doke of VICTORY
cannot fail to reappear in Spain. With all the pres-
tige of his name, and the honesty of his character, we
much fear that even ho will be enable to redeem and
remedy the ill that has been wrought. The scandal
of a divorce, and the mutual recriminations which it
will excite, whilst the invention of calumny will be
more active than the expression of troth—all these
will, we fear, throw such a discredit even upon
the innocent Queen, that Spaniards will look forth
at once is one of two alternatives—the accession of
the house of Orleans under the Mosvressmits, or
the restoration of the son of Don CARLOS. Which of
these would be best for Spain ? which for England ?
is a question not to be answered in a moment. How
far England ought to implicate herself in these dis-
putes is another, and very serious question. For our
part, the more we see of events and persons in the
entire peninsula, the more do we entertain the
opinion, that the sooner we wash our hands of it
altogether, the better.

MR. JOllll GEORGE PHILLTMORE, Of the Oxford
Circuit, has recently published two pamphlets on
various abuses of the law, which have attracted
much attention from members of the bar, and
which will repay the study. of non-professional
readers. The first pamphlet is in the form of a
" Letter to the Lord Chancellor on the reform of the
law i" the second is entitled, " Thoughts on law re-
form," B.m. The author is qualified to give an opinion
on the questions which he discusses, not merely by
strictly professional attainments, but by extensive
knowledge of comparative jurisprudence, as illustrated
by the Roman law, and by the practice and codes of
modern continental states. As our present ob-
ject is not to review his writings, but to call at-
tention to some of the grievances which he denounces,
we shall content ourselves with recommending
the pamphlets to those who are interested in the im-
provement of the law, to those who admire a scholar-
like and eloquent style, and especially to those who
like the wholesome excitement produced by fieroe and
earnest invective.
Es.. eetut strict° quotlet Luctlius ardent
Ltheutuit, rubet auditor -
if, that is to aim, the hearer is interested in the reputa-
tion of Lord M.DON, Lord BROUGHAM, SAUNDERS or
SAWTEM, the Norman lawyers, the present bishops, or
any of the other persons or classes who cross the path
of the vigorous and somewhat irritable law-reformer.
The main object of Mr. Puittimoan's attack is the
-I..ding—the most a i'ltr ate,
-".11
glitell,l Or COIIII3IOU 11.• .„
at
Ent.,
..duos
ailliCtia, skill and ISZ°nrcgaired in Prkr
prudence. trial. is, • 11 known, often
athlinea"th-art which the "trial' itsewthelfedeman. demands Bet/Orr:it':
,onnity of opposing
*4'lll struggle cmnen9ea' securing their clients the
PlesadeT"
"halit.a in
steurslndg in baffling the ma-
advantages dam and wind, A
rod
cause
of
scums
n'euvras of
sestseltha dec. 'on a sufficient de-
inafelosbemailly imperfectlyiß raised by the plea i but, till
the issue is eliminated by
with their proceedings
the contending logicians, no
judicial suthoritY u

The plaintiff states his grievance, the defendant pleads
in denial or excuse; the replication may contradict or
explain away the excuse ; the rejoinder may confess
the matter alleged in the explanation, but avoid its
effect: there is no limit to the succession of pleadings,
except that, in the nature of things, the parties must
come at last, either to an issue of law, agreeing on the
facts, or proceed from the lie circumstantial to the lie
direct; in other words, respectively affirm and deny
some definite proposition, which is then ripe for the
decision of the jury.
It is in the scientific conduct of this preliminary
conflict of logic, which must be carried on with a cau-
tions regard to a thousand arbitrary rules established
by ten thousand precedents, that the English law pe-
culiarly delights—of/mint alterna canuenee. Indeed
pleading, according to Colts, is but another word for
pleasing, being so called quia bane placitars maxima
placet. It may, however, be assumed, that the plea-
sure of pleading is principally confined to the per-
formers, while their clients have as little pleasure in
the operation as the patients of a surgeon, who
is in the ecstasies of a " beautiful operation."
Mr. PnitLimoae would ruthlessly destroy the
whole complicated fabric of pleading, and introduce
the process appointed by the civil law for arriving
at an mine, by placing it in the hands of a judicial
officer to settle, from the statements of the parties.
We might perhaps not be unwilling to sacrifice the
pleasures of lawyers to the interests of justice, if
we were satisfied that the simplicity of the remedy
proposed would secure corresponding economy and
certainty to the suitors; but the question is hardly
ripe for newspaper discussion, as there is no prospect
•at present of an actual change. The only public
opinion which has any influence on the details of law
reform, is that of lawyers ; and although their views
may probably be modified hereafter by the exer-
tions of Mr. PIITLLINIORE, and those who think
with him, it is quite certain that at present
no proposition for the abolition of pleading
would be entertained either by the bench or by
the bar. We further believe that, even if the change
is desirable in itself, it would be utterly inefficient
without a previous or simultaneous relaxation of the
minute and technical principles of interpretation which
complicate all branches of the common law.
It would be possible, however, at the same time, to
introduce and exemplify a more liberal and rational
mode of interpretation, and to remove the most flagrant
abuses connected with pleading by a measure which,
among others, is advocated by 'Sir. PHILLLVORE—the
entire abolition of special demurrers. When, in the
technical controversy or exchange of pleadings to
which we have already referred, either party makes a
statement which, even if true, is, in the opinion of his
adversary, insufficient to entitle him to judgment, the
adversary is at liberty to take issue on the law of the
case by a pleading which is technically called a
demurrer—after which the court in banoo decides whe..
ther, assuming the facts alleged on both sides to be
true, the plaintiff or defendant is right in point of law.
The demurrer may either be general, alleging that
the pleading objected to is insufficient in law, or
vemal pointing out some erroror inaccuracy on which
the objection rests. It often happens that the real
difference between the parties refers only to the
law and not is the facts ; and in such a case a
demurrer is the only convenient mode of deciding
the question at lame. Where the objection
taken by demurrer involves the merits of
the case, it may be raised at any stage of
the suit. A verdict on the facts in favour of a party
whose case, as shown on the pleadings, is insufficient,
will not entitle him to judgment, if the objection is
raised even after a verdict

There is, however, a large class of cases to which
only special demurrers apply. Technical errors and
inaccurate modes of expression mast be specially
pointed oat and objected to at the next stage of the
pleadings, to become available to the opponent. The
courts will not, of their own accord, notice them, and
they are, as it is called, cured by verdict ; that is, the
law presumes that, even if the statement of the case
on the record was in some respects defective, the want
must bare been supplied at the trial by each
evidence as to have warranted the verdict of the jury.
It would not be convenient to give examples here of
the trivialities to which special demurrers frequently
apply. Pleadings have been demurred to because a
date was given of 1835 or 11845, without stating from
what era the number of years was calculated. After
verdict, indeed, it would be presumed that the
Christian era was contemplated by the pleader; but
up to that point, if a defect is pointed out, the court
cannot or will not shut its eyes to it. If the defect
pointed out is undeniable, the party who has been
guilty of it may amend, at a considerable expense of
money and time; if he is confident in his accuracy he
may go before the court on the case, but he most stake
the whole result of the suit on this collateral and
probably immaterial issue.
We can see no valid objection to the entire and im-
mediate abolition of special demurrers. If courts can
presume that trifling errors are immaterial when they
are pointed out too late or not at all, they may
quite as safely pass them over when the skill of the
adverse pleader has detected them. If they mislead
opponents it is unjust to allow the mialeader to profit
by their own neglect : but there can be no hardshipl
in declaring that where they have misled no one,
where the blot has been hit at once, the adversary
shall not be rewarded for his ingenuity by a triumph
in the suit itsel£

The measure would be in a high degree simple
and practicable. The distinction between objections
open on general demurrer, and them, which require
to be specially pointed out is well known to the law.
The courts declare by their everyday practice that to
neglect the special class of defects is consistent with
substantial justice; they might go further, and con-
clude that it is not consistent with justice to allow
any objection to prevail which might have been
consistently with justice neglected. The direct ad-
vantage to suitors would be great ; but still more
important would be the establishment of a prece-
dent for construing the various documents and forms
of words which come under judicial cognisance in
an enlarged and rational spirit. The extent to which
quibbling has been extended by analogy to special
demurrers, even in the branches of the law which
have nothing to do with special pleading, I. known
to all those who have been concerned in criminal or
parochial litigation. It may be hoped that with the
abolition of those ingenious traps for justice the law
in general would lose something of its tendency to
over curious word catching.

The following extract from an address issued to the
electors of South Durham, by one of their present
members (Mr. Bowes), announcing his determination
not to offer himself again for the representation of that
division, is an creditable to the honourable gentleman
by whom it is written, as it is discreditable to the
constituency to whom it is addressed :
Since the period when I first addressed you, in 1832, you
are aware I have gone through two contested elections. The
experiense of those two contests has convinced me, that
although there is not, I believe, in England a constituency
is open to the charge of corruption than that of South
Barham, yet, it is expected by you that the festivities and
parade of an election should be conducted on such a wale
Mot a candidate intending to ce7 through a contest with
any spirit must prepare hmiself or an espenditure of at
least fourteen or fifteen Mousan pounds. If I intimated to
you a drive to remain your representative, I should feel my-
self bound in haarnur to be prepared to defend my post against
all comers ; and, therefore, se an outlay of the magnitude I
hays ssatioasd whenever fresh election' might occur.
would neither secord with my views nor my convenience, I
' some time since clams to the determination to retire, when-
ever the present parliament should expire or be dissolved ;
and I only then refrained from making this publicly known
to you for the reasons above stated.
This frank and candid statement exposes the vice of
our minty electioneering system, which is next is
magnitude and enormity to landlord coercion with
which, however, it is undoubtedly very intimately
connected. The frightful expense of county ecatasts
not only circumscribes the choice of county siutats,
by giving only the very wealthiest landed promoters
a monopoly of the representation, but lowers the cha-
racter of county members, by making their qualifica-
tion unscrupulous wealth, not social and pohtical tlt-
ness, and not unfrequently leaves a county miarepre-
sented. Take, for instance, the use before us : sue-
costal contests have proved that a great majority of
the electors of South Durham entertain blend
opinions ; for, ever since the division of the county
t-• the Reform Bill, it has, notwithstanding all
-, •4 the ontrary, returned two idlirat
attempts .. l-27,,u5e of Commons. But
members to ts- _ 7 _
. wit.= -, am liberal squires
South Dussam_ ~, 0001. on a contest
who can afford
~_ _
.._IC: to6'
dol so now that
(none we bees ''' Nit the folly), for the pur-
/dr. Bowls declines to NA- _hen,
whose
poli.
o electors two Yosw
pail °thoionif erring thwith their 01111. Mr. BOWES
minx— °.; no pother liberal candidate appear' to "Place

Ihin; ; and Mr. fanzine, the rejected conservative of
11841, will in all-probability be sent to parliament, to
misrepresent the Booth Durham constituency in 1847.
Asti this because "it is expected that the festivities
and parade of sa election shell be conducted on such a
scale that a candidate intending to carry through a
contest with any spirit, must prepare himself for an
expenditure of at least fourteen or fifteen thousand
pounds."
Let us realise the money value of South Durham
elections. Since 18j1 there have been two contests
for the division. Contests require at least three can-
didates; and we will not do the gentlemen who have
presented themselves to Inch a constituency the in-
justice of supposing them to have wanted " spirit."
'Well, then, each of these spirited candidates must
have spent 13,000/. a piece, or, collectively, 45,000!. a
coated. Here, then, we have 90,0001. for two con-
tests ; and if we add to that sum the cost of the elec-
tion which was not contested, and the expense of
attending to the registration, we should like to know
how much less than 100,000!. has been spent on South
Durham elections since :832 ?
If this calculation, founded on Mr. BOWES' state-
ment, be even a pprox imatively correct, the only apology
or excuse that can be suggested for the constituency
of South Durham, is, that they may have been in a
profound ignorance of the cost which their love of
electioneering festivities and parade inflicted on their
candidates; and the only proper exhibition of peni-
tence and remorse they can now make is to return
Mr. Bowes, whose frankness has thus enlightened
them as to the consequences of their folly, to the
House of Commons free of expense. If they do not,
no one can pity them if they remain misrepresented by
Mr. FARBER, or by any other of the Duke of CLEVE-
LAND'S nominees throughout the current generation.

We have received the Paris journals of Tues-
day. On the previous day, the great question
of postage reform was brought forward, and its
advocates showed that no country in the world,
not even Russia, is so mach behind the age in the art
of social and commercial intercommunication as
France. The following is the average postage pre-
vailing among the principal countries of the world for
single letters :—England, uniform, ls. ; Spain, uni-
form, 2s. 6d.; Russia, uniform, 4s. • Austria, 2 zones,
3s. 4d.; United States, 3 zones, 2s. 9d. ; Sardinia,
7 zones, 33. 4d. ; Prussia, 8 zones, 2a. Gd. ; France,
11 zones, 45. 3d.
. . .

The debate was adjourned, but it is sufficiently ap-
parent that the same fate awaits this measure of social
and commercial reform, which has attended every
other that has been proposed during the present
session. In fact its knell was rang by the Journal
des Debate on Tuesday. It is, according to the minis-
terial organ, a most excellent measure, and a most
important reform, and in due time—that is in some
seven years hence—may be with advantage carried
into practical effect; but at present it is inopportune.
The project for establishing steam communication
between the chief ports of France and the American
continent, has met the same fate. It is adjourned.
The line proposed to be established between Havre
and New York, by a private company, without any
aid from the state, will alone proceed.
The commission of the budget have demanded a
reduction of 86 millions of francs on the total sum of
131 millions for the budget of 1848, for extraordinary
public works; as also a reduction of 10 millions in the
budget of the minister of war.
On Sunday, the weather in Paris presented an
anomalous instance of high temperature at this season.
Fahrenheit's thermometer, fairly placed in the shade,
rose to 86 degrees. On Monday the temperature was
high, but more moderate, and still lower on Tues-
day. The country around Paris presents all the
appearances which promise an abundant harvest ;
and reports are received from the provinces generally
of an equally favourable character. The prices of
grain are falling generally in all the markets.
Lord William Hervey acts as minister plenipoten-
tiary during the absence of Lord Normanby.
The Siecle says, that the legitimist party. in France
has been much alarmed recently by the seizure of an
extensive correspondence of the Duke of Bordeaux
with one of his agents residing in France. The
police obtained it through the indiscretion of a person
in whose care it bad been temporarily left.

Preparations were in progress at Madrid, on the
20th, for the return of the Queen to the capital. The
king-consort was still at the Pardo, whence no persua-
sion could remove him. The royal residence of St. fide-
forum was fitting out for habitation : it was expected
that her majesty would pass the summer there. Re-
ports of a change in the cabinet continued to circulate,
and to be credited. The more immediate cause
was said to be the indisposition of the present
ministry to take the responsibility of any attempt
to carry into effect the wishes of the Queen in
respect to those proceedings which are rendered
necessary by the conduct of the king-consort.
Several bishops were consulted on the 18th by. the
council of ministers ; that a report was circu-
lated that, on the 19th, the ministry tendered
their resignations, a step which wee attributed to their
unsuccessful endeavours to bring her Majesty and her
husband together. El Clamor Publico also repeats
the report that the cabinet is falling to pieces, and
that its resignation has been, in fact, accepted. It was ,
added that General Serrano has been charged by the
Queen with the formation of a new ministry. Some
say that the general wee attempting to form a cabinet,
and others that he bad delegated his powers to M.
Olozaga. Three distinct combinations were men-
tioned. In the first, General Serrano was to be
Minister of War; M. Mendizabal, Finance ; M. Dome-
nech, Interior; M. Montane', Justice; and M. Lilian,
Commerce. In the second were also included MM.
Serrano, Mendizabal, Monpuies, Lujen, and Dome-
nech, but M. Olozaga was to be President and Minis-
ter of Foreign Affairs, and M. Luznriaga was to be
Minister of Justice. In the third combination
M. Jorda y Santarem was to be Minister of Finance ;
M. Silvela, Interior ; and General Serrano, War.
Nothing, however, is certain, except the fact that the
present cabinet is tottering, and that the difference of
the royal pair is more and more irreeoncileable.
The celebrated Canon Tristany, the Carlist general,
who was appointed by the Count de Montemolin
Captain-General of Catalonia, has been taken pri-
soner, and shot. This event wen expected
to have a very favourable effect in quelling
the Carlist movements in Catalonia. Accounts
have since been received by extraordinary courier
in Paris, that immediately after the execution of
Tristany, the Captain-General Pavia, of Catalonia,
proclaimed a general amnesty, according full and free
pardon to all the rebels who laid down their arms
within eight days after the proclamation.
Jose Swell, a cure, and Valerio Roca, an officer,
were shot at the same time as Tristany. The two
former had but recently returned to Spain from
France with Roe d'Erolles, who was killed in the
skirmish in which Tristany was made a prisoner.
El7l'empo says positively, that General Serrano
has been appointed Captain-General of Cuba. This
is extremely improbable.
El Herald° says that the application of the In-
fante Don Henrique, for permission to re-enter Spain,
has been refused. El Eeo del Comercio, however,
says, that his return is only postponed for some days.

CONSTANTINOPLE, MAY 11.
Letters from Athens announoe that a majority of
the Greek eabiset lad some to the determination of accord-
lat gegemided by the Porte, for the insult
be IL Ilmongna. The Russian war-steamer sent to
the Pines' bi N. d'Omilsoff, on the 25th of April, has not
yet returned, fat knee the Turkish government received sny
elleial annOnneelltilat of the above mtelligesce. It is, how-
ever, generally to be correct, both at the Porte,
end by the cape it. is. It is natural to suppoee that
the Greek usinielry, seeing that • majority of the protecting
pewee wee plepered to ampere the Turkish government so
onsugethedy, bed dependthe prudent resolution of aban-
doning their opposition to the satisfaction required. The
state of Greece is at the prosiest most alarming. The muse-
=of a suspension of relating between that country and
it already beginning to be hill but thouph this
ekescinstenee hes apparently bed the east of opening the
eye of the Greek ~blast te the dimeters by which the
sommery is threstmak it hes ady served to give
freak energy to the evil prises of the popu.
lace. It is uninstssi thee So prevent the popular
outbreak which Wild haw the easaresement of the new
determination of the Greek 1, the blame of that
=is to be throws on Wand, to the effect of whose
t will aka/ be attributed.
The billowing is espy of the dispatch communicated by
M. peedasti, the aingWi amp d'idfairs' s at Anuses, to
M. Oaittl sad Wide bed been ilerwerried from this by
, in the Situ nib
Me Wu* imiiraws et at
Mere with repot se the
haesitotwea tow sagsamitaterat hey ow the 25th Jawaary,
a • tan at Ow awn at A. He tsposta af the enamel of
Y. Illwassres. ad Ilia at 111. ODOM The milaffa• Odae
that to, Oise saalast by b tobinstley to have
eromptly stews Me ropures by :NI Porte, sad not ben'