The Express.
London, England, 1856-04-05 00:00:00

aver exaggeration and misrepresentation are re-
eorted to, those who profit by abase avail themselves
of their exposure to east discredit on reformers, sad
to divert attention from what is really blameable and
mischievous. lodated declamation. and reckless
assertions—which can easily be disproved—cm the part
of reformers—or miming reformers—are merely
wespoos forged for the use of the opponents of all
amelioration.

Tut Arroixix-Gswuter. has at length redeemed
his promise of introducing Into the Hones of Com-
mons& Bill for the purpose of punishing as criminals
trustees who have betrayed their trust. The general
principle of English law, that a breach of trust is not
punishable as a crime, is so obviously absurd that the
Legislature has long ago been compelled to encroach
upon the principle and to sanction several exceptions
by various artier parliament. There is, of course, no
possible reason why a banker who makes away with
his customers' securities should be put into the dock of
the Old Bailey, whilst a director who performs the
same office for a thousand people, or the man who at
the death-bed of his friend became the trustee of his
orphan children, should be allowed to squander all
the property entrusted to him, and then to rid
himself of all liability by passing through the
Insolvent Court or the Court of Bankruptcy. But,
indeed, we have sufficiently discussed this matter
already, and the sensible part of the community is
clear about the necessity of dealing with it. Cer-
tainly the feeling of the House of Common' seems to
be unanimous in favour of the Arroaxitt-Ciaitextf.'s
Bill.

That Bill proposes to extend that criminal responsi-
bility which now attach., to bankers who pawn their
customers' securities to any trustees who make a like
improper use of securities deposited with them. It
proposes, moreover, to do away with that absurd meta-
physical distioction by which a man is allowed to
escape the criminal dock if he can only persuade the
jury that the criminal intention to misappropriate en-
tered his mind oos second after he o►tained possession
of tbs property. In short, the rol grump will now be-
come a doctrine of English law. Henceforth it will no
longer be possible for the fifteen Judges to exercise
their ingenuity in a case such as this. A man finds a
Bank note in the street marked with the owner's name.
With the intention of finding that owner he walks
down the street a hundred yards; suddenly, however,
meeting a friend, the virtuoso changes his mind, and
proceeds to invite him to an excellent dinner at
Greenwich, the bill for which is discharged out of
the newly-foetid Bank note. After severe debate
it was actually ruled by the Judges that the criminal
Intention having entered the fellow's mind some
seconds after he picked op the note, he was not
guilty of larceny, or of any crime. Is it possible
to exceed such elaborate fooling? Happily, if the
proposed Bill passes, all this quibbling will cease.
We are glad to observe, however, that the
Arroaitxr-GaNzam, has agreed to a most important
modification of hie Bill, suggested by Mr. WALPOLE.
The man who misappropriates property is not merely
to be criminally responsible—he is to be liable also
toe civil action. Bo that if he has any property, the
unfortunate victims of his dishonesty will be, if pos.l
sible, reimbursed. Nothing can be more reasonable.
Nor is such a principle at all inconsistent with the
principles of English law, for it is well understood
that the man who blocks up a public road is not only
liable to be indicted for obstructing the public way,
bat is also civilly responsible at the suit of
any individual who, by reason of the obstruction,
has suffered a personal injury. It may, perhaps, be
thought by some sentimental persons that to punish
trustees is a harsh measure, and that men may be
deterred from accepting a trust. But any such
danger may easily be guarded against. At all event.,
it is beyond doubt clear that the fronds committed
by private and by commercial trustees are at pe-
ewit too leniently dealt with. Respectability in the
eye of the world is the cloak with which such
rogues cover their iniquities. Every day opens
new chances to those who make their living by
swindling. Make the tenure of respectability more
precarious. Let it but be understood that such
dishonesty will not only be visited with a civil action
or a bill in Chancery, bat with a place in the Dock,
a cropped head, and a prison dress, and men In the
better rank of life will either cease their irregularities,
or meet with their just reward—a osil in Newgete.