The Express.
London, England, 1847-12-10 00:00:00

~'~~

'N. • \
\N.
.a 4.1‘-x NI • "•-••••• A A •_, • ,

~w~~.

. TI7T-*

.t.".•

r, ~

• . _
Mr. E. B. MOMAtitiba Ohmlbileat it lisemiq act to
veer say t ardier la
Mr. 7 . O'CO add Lpersist in his
ogesgtion.
The committee on the bill was fixed, se we understood, for
this day.
The house adjourned at half-past twelve.

hc erpreOls•

MAILS
never Ye /Ip, Lab= Madeira, Oats, sad Gibraltar
ell be me= = the =era= of the 17th Demob=
sasimmllte Waturebodia../ki=l.aatic..ehhei leraeheasaNateaport
Risi.Hatamma,..a
lealeMeet thee kr Jamei. Sesta Nerths,
Clw Parre. Wast Oteit = ham= a= et. lea=dr.
we he =de = the et the l7= Deamber.
Integ"Zo en MIA Nee* /ma= 111111 the UMW
Mal= =I he weft = tie =WM el
The weal= mils Mr 011isikor lhette,Clraeee. the lei= Mr=
Mr"nielditea=4 igen= enagoadeetrina".".
? =LI ed fia akmays. the illedlaeneseah,
aenWeitrisrt ire& la. will be aade ai = the
The silt he New IMO inks% V= Moir = mud Kew
I Zeal= wale Mill up ea the =is ef the Slat Demeabw.
The soilt be the 111 am the hi= Plate, Kam Video, Terms.
41=2111=1161111114 1111111iinsi Ayres, will be nada up a
411111111117.

TO COWPONDEPITi
Atlvollontola olwaiwt tar Zoom,. Load. main paper. soffit
•.M at Or wile% lat Downe-amt. Two oreldek ea Oa do of pub Beaton.

NIGH WATTS AT LONDON SAMOS
T•l4 D• • —1143ML1,3. SS WS. pen 3 , ANancea, 44 rata. put 4.
To.114•••••-41.44•SaN. I WA. pat 4. A144444NA. .444 14444 4.

LONDON, FRIDA Y, DEC. 10.

IT is quite certain that no part of the inquiry con-
cerning the currency, which parliament has just dele-
gated to select committees, will be more delicate or
more difficult than that which refers to any alteration
in the administrative economy of the Bank of Eng-
land. It is net to be supposed that the extreme sen-
timents of apprehension and censure which appear
to prevail in many quartets out of doors, as to the
power and policy of the Bank directors, will com-
mand so large a share of the sympathy of these com-
mittees as to deprive their consultations of that degree
of dignity and calmness,without which the decisions of
no tribunal can be either reasonable or just. But it
is not altogether unlikely that the investigation will
be not entirely free from the collisions and the hot dis-
sents, which can hardly fail to diversify the disputa-
tions of men who hold diametrically opposed opinions ;
but under the temporary influence of that decorous
discretion and that predominant disposition to keep
in view a practical point, which hitherto has, gene-
rally speaking, so honourably distinguished these
courts of inquiry, there will be little danger
even in these fiercer differences. The adherents
of the indiscriminate and incoherent impeach-
ments familiar to the readers of the nnea
and the Examiner may, with the greatest
safety, be left to unravel their own bewilderments,
and slay their own giants; and we conceive that be-
yond now and then supplying a seasonable question,
the party who hold the belief that an important re-
form would be accomplished by the entire abolition
of this great corporation, will find themselves alike
unable to appropriate the influence of the committee,
or obtain the support of the evidence.
It is peculiarly fortunate that so important a topic
will undergo discussion at a juncture when so many
circumstances conspire to preserve the scrutiny from
the unwholesome pressure of excited and extreme
persuasions ; for, while we most freely admit that the
administrative detail of the Bank stands in need of
revision, we are equally sure that the legislature will
display its sagacity much more by a circumspect and
prudent reconsideration, than by the adoption of any
new and untried hypothesis.
The great question of the virtual abolition of the
Bank, by the erection of a government office of issue,
does not properly belong to this division of the sub-
ject. Assuming, however, that as a practical mea-
sure, a scheme of that complexion has no chance of
being adopted at present, there is the somewhat ana-
logous proposal to subject the B Ink, even upon its
present independent basis, still more directly to the
supervision of the government of the day. It is
proposed to do this by placing an active
control over the election and retirement of
the governor in the hands of the Treasury. In
point of fact, to render the appointment of chief officer
of the Bank one of the great prizes of patronage which
are at once the stimulants and the embarrassments of
political parties.
Now, to any scheme of this kind we feel that the
opposition cannot be too decided. It may be true
that the existence of a single and responsible head
would introduce that element of permanence and cer-
tainty, the deficiency of which is, by general assent,
the weak point of the present arrangement But then
at what a risk of all the worst evils which can befal
such an institution, would the benefit of these altem-

tions be obtained?
We should prefer rendering the office of governor
more permanent, and to do so entirely without the
interference of the government. We would not even
give the more permanent officer a legal life te-
nancy of his office, or a legal tenancy of it for
a long term. We should like to see established,
a moral understanding that while the technical dun-
tion of the governorship shall be three or four years,
he shall be re-eligible and re-elected at the expiration
of every legal period, unless circumstances have arisen
to east a doubt upon his ability and efficiency in the dis-
charge
of his duties. It is quite possible to conceive the
occurrence of circumstances of OM kind, every way
sufficient to justify a refusal of re-election, while they'
may be so decidedly minute and impalpable as to ren-
der it impossible to inflict the disgrace of a formal
and public degradation front an important trust.
Associated with the officer-in-chief, there might be
two vice-governors, holding office upon the same
tenure and with the same agreement of continuance.
To these three persons it might be prudent to grant
a certain latitude of prerogative over all the greater
and weightier questions connected with the manage-
ment of the Bank. Suppose, for example, that they were
invested with the exclusive initiative of proposing alter-
ations of the rate of interest, and of fixing the amount
and the ratio of the periodical divisions of profit
among the proprietors. To the measures thus pro-
posed it might perhaps be advisable to allow the in-
terposition of a negative by the general body of the
directors, but then any counter resolution ought to
carry with it the weight of some overwhelming ma-
jority, such as four-filth' or five-sixths of the whole
court. We should also be disposed, with a view to
concentrating the responsibility and giving full scope
for decisive action in emergencies, to place a perma-
nent power in the hands of the governor singly, to be
exercised, of course, under certain conditions, which
would render him fully responsible and fully account-
able to his colleagues and constituents at the earliest
possible period.
There can, we think, be little difference of opinion
as to the desirableness of these important trusts being
filled by men whose attention is not distracted by any
concerns unconnected with the Bank. A long and
honourable career, as merchants, might with great pro-
priety be made an indispensable qualification to can-
didateehip. But, once elected, we can hardly suppose
that any good purpose, personal or public, could be
served by permitting a division of attention between
individual interests and public obligations.
We have considerable doubts whether any really
useful alteration can be made in thepresent method of
electing the general court of directors. The case is
clearly one where the principles of competition and
canvassing are not applicable. If a man asks a vote,
in the estimation and practice of the world he incurs
an obligation to be repaid. And so seldom is it that
men feel themselves of "efficient significance to stand
upon their own merits and services, that for one man
who obtains an office or an honour upon the strength
of his own character, there are a thousand who obtain
success as the disciples or the expositors of a creed
or a crotchet. Imagine for a moment the bank
direction replenished by any such means. Con-
ceive the remit of elections, conducted under
the influence of currency polemics; so many
men returned by the party of Birmingham, so many
by the party of LOYD, and so many by that of
Tooxe. If the assembly was deliberative, and not
purely executive, the case would be different. But
what you want is, a'set of men, not to debate about
abstract principles, bat to mow the affairs of a
daily business of detail ; and we want& the &restore
the justice to say that until the premat
canle convicted of graver faults than haWagliatass
proved against it, it would be the very ailawarms
of intenseddling to interfere with its 00116111.01.
We must not be understood ea proshiling our-
selves
by these remarks, from suaiiiring with
the most perfect freedom, and la La most candid
spirit, any plum or proposition RU MK be btOuilllt

forward in the course of the This is pen,
cisely one of those questions in whick calm sot
patient discussion will do most good. But, whiles,,
hold ourselves fully subservient to these roma too.
tives, and to the influence of any clearer light that ws
may reorive,—we mast beg to repeat oar conviction,
that we enter upon the debate with a strong pro,
suasion that it will be in the highest the
character to attempt any alteration in the
character and arrangements of the Bank which slug,
by the remotest consequence, impair its purely „or.
cantik character and functions, or interfere with that
independent system of self-government which, for
period of a hundred and fitly years has **cured to
the country an administration of a great and power,
ful national institution—peculiarly exposed to the
danger of perversion and irregularity —u pure, u
able, and as successful, as can be found in the history
of any age or any people.

IT would have been impossible to give the Lew
rangements for the central administration of the poet •
law a fairer chance of success than by the appoint-
ment of Mr. C. BULLER as chief commissioner. Ex-
perience will show whether the introduction of the
head of the poor-law office into parliament adds
as mach to his efficiency, as it takes away from the
independence and security of his position. But Me
Boteza's ready eloquence and skill is debate will have
the great advantage of securing a fair hearing for the
representations which be will have ticession to tusks
to parliament. If his conduct, or that of his sabordi-
nates, should at any time merit animadversion, thee
will be always members ready to take up so popular ,
duty as that of finding fault with the law and with
the commission ; but now that Mr. FLSRAND is hap-
pily relegated into private life, we do not think that
many aspirants for parliamentary sweeps will, in the
mere wish for distinction, volunteer to strike the
shield of the witty, cool, and practised succeesot of
the dynasty of Somerset-house bashaa a who wets
compelled to do battle in parliament by proxy.
Mr. BULLER has not yet had an opportunity of dis-
playing administrative ability, except in subordinate
situations ; but there is every reason to suppose that be
poes both the vigour and discretion likely to
be so constantly required in his new pnsition.
have no reason to doubt that he will display the
energy of character which is essential to an official
statesman ; and it is certain that in clearness of judg-
ment and comprehensiveness of view, he is equal to
any candidate who could have been selected for the
vacant post. It is in Dome respects a matter of regret
that his exertions will be withdrawn from other pale
lie duties. His knowledge of colonial affairs was ex-
pected to produce valuable results when he accepted
his recent office ; and his speech to his cote
stituents at the last election showed his in
tercet in the reformation of the law, a man
which, more than any other, requires an able leader.
Perhaps, however, the loss is more apparent than
real. A secondary official position is a most serious
impediment to any original public activity; and it
would not have been easy for a judge-advocate to have
superseded higher legal functionaries as the organ of
proposed improvements in the law.
There is one department of legislation which will
properly fall under Mr. BULLER 'S superintendence.
We hope that he will be both able and willing to sim-
plify and improve the laws relative to the poor. It
is most desirable that the Home Secretary, occupied
as he is with multifarious ditties, should leave both
the power and the responsibility of propositions for
the amendment of the poor-laws to the commissioner,
who is exclusively engaged in watching and direct.
in their operation. 'flue acts of late years on
this subject are, as we have often shown, the most
blundering, incoherent, and ungrammatical of the
many specimens of legislative jargon which have been
promulgated in the statutes at large. We should have
supposed that it was impossible to attain a lower
degree of unintelligibility and confusion than that
which characterised the productions of the late
government draughtsman ; bat Somerset-home
showed that it could be excelled even in its own
peculiar style of composition. The climax of modern
law-making was attained when Sir J. GRAHAM con-
gratulated the house on a blunder in the grammar
of an act, which, by producing an effect exactly con-
trary to that intended by the framers, had, in their
opinion, nevertheless, been a great practical improve-
ment on the original measure.
Having, we believe, formerly practised as a bar-
rister at quarter sessions, Mr. BULLER must have a
general knowledge of the complicated and unsatis-
factory state of the law of removal. To understand
thoroughly. the present condition of that singular
branch of jurisprudence, be must consult the report
of the Queen's Bench for the last dozen years, or the
text-books in which the judgments are collected, awl
by approximation harmonised. We will undertsli
to may, without fear of contradiction, that the law of
removal, as it has been developed by the interpreta-
tions of the Court of Queen's Bench, exceeds in whim-
sical subtlety and in uniform uncertainty, any pro-
duction of sophistical ingenuity which his ever
yet influenced the practical conduct of men.
The scholastic inquiries whether an actual fly
was better than a possible angel, and whe-
ther a spirit could move from point to point,
without passing through the intermediate spa, were
merely gymnastic exercises of logic intended to supple
and strengthen the intellect for more important Oleo-
”hic inquiries : but the equally minute philosophy
el the Queen's Bench crown-paper determines the
Ellenduct and the liabilities of English perishes
merge to dialectics, and only wishing to
their rates. If they rely, as they necessarily mast, in
simple faith on the pariah attorney, he is almost as
mot in the dark as themselves. He may know tole-
rably. well the legal requisites of a settlement, and
may judge whether they have been complied with in
the case of the pauper whom it is proposed to remove
or to avoid receiving. But he knows that the facts
and the merits form the smallest part of a modern poor-
law appeal. If the examinationsof the pauper and others
before the removing justices, fail to state any necessary
condition of removal, not only with substantive clear-
ness, but with legal certainty, if the pauper is igao-
rant enough to quote hearsay as evidence, or if after
alleging that he served his master at DumbdrudV,
he neglects to state that he resided in Dumbdru4e
daring the service, the remoual will not hold good.
Bat the lawyer cannot at once advise his clients to
that effect. The objection, it is true, exists ; but per
hops it ma not be taken by the adverse parish in
Br roma of appeal; or if it is pointed out, the
theme are at least even, that the grounds of appeal
aaalhmadves infolmal, and that the examinatim
*Ma disrall wipe, with impueity. In his bewilder-
ment thealleiestyjudiciocely sends the papers for*
his counsel in London ; whe
orolimaitig his knowledge of the reported curl
informs him that although, according to " The Qoso
e, Whiteacre," the grounds of appeal are initiated,
yet that the later case of " The Queen r. Blaokaere
tends the opposite way, while "The Queen r. Yellow-
acre" would seem to show that the whole matter ail
the discretion of the quarter sessions.
We do not exaggerate when we say that two-
thirds of the poor-Law appeals which are taken to thi
sessions are decided on mere technical grounds, sot
gested by a minute construction of the 'emir'
tions and grounds of appeal, without any *ref
into the merits of the case. The Court of Qum'
Bench has, rightly or wrongly, established as a pie-
ciple of law, that these documents, which were at-
tended to be drawn up by parish officers widget
legal assistance, shall be subjected to the same eta*
ness of construction, which is abundantly %emcee
and absurd when it is employed in disputing the 4e•
liberate eompoeltions of lawyers in the form of ercei
pleadings. Ultra-professional astuteness, applied °,
the interpretation of the statements of paupers sat
the notices of overseers has produced the sited
result of stultifying the law, which required litigstist
parishes to give each other full notice of the
Galan of their respective claims. The evil haste
made, if possible, worse by the occasional resactioa
the judges against. their own monstrous legislates
" We really must, in these cases, sometimes have
regard to common sense," was a sentiment to
ceeding from the bench, we believe in a pcof-lif
case. But it ie better to follow a comets'
course, even is perversity, than to weigh basso
special pleading and common sense. The chow
that the court may in any particular case relent
objection as too outrageously absurd, however no'
siatent it may be with previous decisions, volt
parties concerned from anticipating its judes
Those who are familiar with this branch of Vl_
practice will remember many points in whieh emm
species of unsteadiness has prevailed. W. I°l
quote as instances, the decisions on acknowleger,
of settlement by outdoor relief, and on the teet4,n
entries inthe mord!' 9I notion 4 is 9ciatiwiillg