The Express.
London, England, 1856-02-22 00:00:00

LONDON, FRIDAY, FEBRUARY 22.

TO-DAT the Committee of Privileges rennet the
debate epos the Wensleydale Peerage: it nay
therefore be convenient, now that the e. Memos
has dosed, to sum up the one. The gee sties at
issue has a twofold aspect—it is both a trod sad a
nosh tutiosal question. Although the dist intim be-
tween that which is legal and that which is cewedn.
haul was impoinely &Died, or rather dexterously
ignored, by Lord LTNDIIIIIST ea the first nod of the
debate, yet no distinction sae be clearer.. That is legal
which is declared to be law by the mumbled ex.
pounders of the law of England I SP ad we kid that
any doctrine which ham bees acted epos, sad whin
is ausetiond by the authority • f Cozi, and by
that of every lags sad lawyer w ho has eoasidered
the gumshoe, must be a settled d Adria. et English
law. That is onstitutiosal • shish is sot ealy
legal, but is also expedient. Adman a particular
enure m* of the prerogative is legal nut be dew&
mined by onsultiag the resogr And legal authorities:
sad be that extent the Hesse . of Leeds hiss perfect
right is draw its owe noelr mice, sad haviag draws
that ecemelahos to mot spas it Whether any =rein
of the prerogative is 'cooed tutional nay of course be
tiebated—disused by either How of Parliament,
end either Rew amt.y adopt whatever resohitioa
it piston as to the eharaeter of nth nouns&
But It is dear 'that anther Howls eta pro-
. .

vssil farther that • sere mastics The siiet.
MSS of a.porticals preceptive may be &apses
--4 he swam of ISA prerepds may be Sex-

pediset,.bat it the alleged itteregetiv; exists its

liturchWie (Bpi turd masa beist aside except by as
..hot of Parliament, or by ow House of Parlisiasat
wearying the rights of the Qum sad the other House
we Parliasseat. If the Quint has bees lajedielowdy
sdvieed to sweroise s prerogative of the Crows which
is legal, the remedy provided by the anstitatias is
well wedersteed. The pi:dealer esss is which the
Crews bee amortised the prerogative west take it.

HOSTSO—is the present awe Lord WINSLITDALS
least take his .at ; sad the fate of the Ministry must
le &shied by moving s vote of want of esafidease.
Bat to admit that the exercise of the prero-
gative is legal, sad yet to refuse nimbi= to
the prerogative knees the Quarts bee been
injudiciously advised to el:nib that proregative,
is wither mon ace to this vourpstfoa. To admit
that sestodiag to law the Quint bad power to male
Mr. Baron Pam s Peer for lib, sad yet to deny his'
right to it in the Hausa of Lords, because the House
of Lards are of opines that the grunts of
Lib Pumps is injudicious sad inexpedient, is
safely a gran violation of the constitatisw. The Hens
of Peers might jut as wall have .bat their bows
against Lord St. Lzoonos, or against that agile
lord who lately appeared it a questioaable imp
before the tilassa's Beach because, in the endue
of that Home the Crown wee set well addled
whoa it created those two families noble. Then
tomarks are sot bacifal, Doe are they humid
an mere hypothesis. For it is ober that Lord
LYNDHURST, true to his original °plain, shrieks from
declaring the Weasleydele patent Mega The sageeity
sad legal massiesse of that noble lord Weds his
indelgieg in the bold asseveratise of illegality
which disdagaisbed the mare aucespaleas Lord
BT. LIONARDS. All that Lord LYNDHURST ma-
tares to wort is, that neither the letters patent oar
them Inas with the sees' writ of summons issued
is pursuant thereof can made the grantee to eit red
ado is Me How of Loris. By mesas of Wm subtle
phrseselsgy this most ingenious of saga =asses to
esafoun the legal and the see titatitmel nano& He
laws too well that the Qom, in this none, ef the
prerogative, hes sot exceeded that prerogative as iota.
Be knows that if legality were the sal; question,
he would have Do kers needi,and therefore be eihatly
usurps the privilege of determine, ea esastitatioasi
wends the right of Bun Waostitnui to it
and vote is the House of Peers, sad then preemie
to bay that right in tarns. This io a fallagy whisk
ought sot to deceive say seen, sad at emeredly
will set daceive the LORD Catania-oa.
With regard to the constitution' peat of the qua.
the, it doss not seem too that waist hes bus
added to that which was urged ea the that sight of
the dnete. Both sides admit that the appUete
sear. el these rashes ought to be a sent above re.
pros& Lord LYNDHURST deelems the HOUR waste
ao mistime as a Court el Appeal, for the lodise
sea be galled to a avian I sad, without lookolllaff
himself, the Comma- Loa, Lord Bt. Limnos, Lord
Hamann. and Lard 11111P3ILL. sonedtate a
psalm tribanaL To net this bold assertion
the Caancniaa's mouth is eafortuaately stopped,
II or it a happen that boons the sad
el last ..mien he committed himself to the
epithet that the Home ef Lord. wan as a Cosa
ef Appeal, quite satideatory. Bat if his mouth bad
Sot been stepped, he would se doubt have pained
hat the ha.. of mentsweieg all the Judges to deliver
their snakes, sad at the same time emending the
filmset unanimous opining of that Leveed body.
Ha would, no desk, have dilated una Um admen
yews orbs lensed bream Boren ipso the hams
Infinities eves of bersiliterpitears, upon the email
of the BRANDON we, Se the CYOuturaii. ease, of
the Inns wee, of the Bafoowenz sees—ia
wine his ewe nines, supported by • majority
et the Judges, was marveled. No, would he have
emitted to quote at begat the wards of my Lord
dr. Lantana—whilst he was yet Sir ZDWARD
BIIODSH, smartie, seder neglect and the patient
emeembense of argumeete mbeadersteed by that
*cry House ef Lords of whist' he is sew the nem-
pieria whisk be denenneed therms anomalies sad
the paten isetineey of the usurped legal Janes-
ths et the Hamm of Pears. Weed if it wen act
saammly we abould rejoies to see some meshes
Si the Otwerannet arm themselves from the quiver
ef their boldest sad net leaned antegenist, sad
destroy kits with his own INSIIORS. Bat the
greed china de kles Ilk with the opposition lee
bow the inevitable agreed= of the Home of
Lords by the creation of Life Peen Been Lard Oast
seems to be tainted with this fallacy. It I. mid,
'sly let ma swanning Mains have pewee
M mate Life Peers, an the indepeadease
of the Upper Chamber is at is es& It
is said that the moment any divine bean
MAIM the Minister would order so nay Life Peers,
as a nen after the play order' so nay oysters. Oa
be ether hand, such a thing is destined to be in-
visible. In the first place. the Crown meet be esa-
• salted : sad certainly tbe Crews would set esseest to
any sash set of flippant folly. Besides, sash a sane
would fail of effect. For It is slew that, however
great may have been the saving reneged by a party

I to a political adventurer, and however hairnet' may
have bean the coanezion between a political adherent
and hie early Mends, it is impossible to draw
any cornet eonclusions es to their Mum rendes°
from their conduct in times past. Had there been
any necessity for creating Lib Peers in order to
carry a particular question is the days of Tory
ascendancy ia the Lards, what men more likely to
have beam selected than my Lord BROUGHAM and
my Lord CAMPIIILL P What men, having regard to
their antecedents, could have been supposed more
likely to cling to their party even unto death P And
yet, despite their previous conduct, despite their
mitts, opinions m literary men and es Judicial
expositors, °treaded vanity has driven am these
" grave sad reverend seniors" to renounce their party,
themselves, end their law. But not only would such
for-tbe-neace-ereated peers be liable to desert, bet
this shallow game would be open to every political
bungler. The trick is too clumsy to be practised.
Indeed, a moment's redaction must casein°, any man
that no sash danger is possible. Follow the idea to
its medal results and its absurdity is apparent.
As to the subserviency of the new pears, nothing
ma be so preposterous. It is not many years ago
eines ea hereditary Boron teetered his colleagues
into giving him an Beildom. Nor is the Chief
Julies yet of blamed memory who claimed a
Viscountcy imbed of a Barony, bootees if any-
thing happened to his crib, his son, m meoeseding
to her Barony, would take precedes°e of his father.
Subserviency is not unknown seem sow in the Haase
of Lards, nor will it be more mama by the creation
of Life Pears whose sons will have no' right to claim
from their Order public situations for which they ere
unfit, bemuse, forsooth, they are peers in poverty.
With Life Peers the scandal of hereditary pension
will owe.

We know not whether Lord LTNIWIIIIIIT will M-
ailed or will fail in hie attack on the Casscstsos,
bat of this we an satisfied, that if he does noosed
his meow will be dos neither to the strength of his
legal sathoritise nor to the emus= sense of his
CUM

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