The Express.
London, England, 1856-01-14 00:00:00

LONDON, MONDAY, JANUARY 14.

THE Emperor of the Firma is emulous of Lord
Junx BUQSF.LL and Mr. GLADSTONE. He has re-
-6°1%4 d to •how the world that he too can lecture, as
well as li•:gtieh ex-Ministers. He does not indeed
mount the platform, like the statesmen we have
named: he contents himself with 'peaking through
the columm• of the Mundsur. His theme, like Mr.
GLADSTONE N, is admtnistrative theory and practice.
Mr. GLittsruNt took, to illustrate his view", the
working .•f tto Colonial Department; the Euentou
takes the functions of the Senate. He is bent upon
Ming both the ALFRED and the De Lotux of France;
be will show the world that he can make a consti-
tution and explain it too. He is ambitious of being'
recognised as the Admirable CRICHTON or the Lord
BROUGHAM of French monarchs.

According to the Imperial expander of his own
law, the c.usiitution of a people is "the mechanism
of its gcretnalen., both in Its ensemble and the
details I,t the wheels which compo,.. it." The order,
activity, and unity of administration depend on the
precision with which all the wheels move at the
cams time, and the exactness with which each keeps
la Its own plume. The clockwork of the French
Orealitu•ion of 1852 consists of five wheels—the
Blanton, his Ministers, the Council of State, the
Senate, and the Legislative Body. The function of
the EMPEROR is to govern as well as reign. The
function of the Ministers is to be " the direct agents
of the Crowe." The function of the Council of State
is to" preperc the laws which the Ministers pro-
pose." The function of the Senate is to " initiate the
laws prepared by the Council, and proposed by the
Ministers." The fraction of the Legislative Body is
to" vote the laws and the budget." Here certainly
is " unity " with a vengeance. The EMPEROR
"reigns and governs ;" the Council prepares
the laws which he orders to be drawn up; the
Ministers propose the laws which he orders to
be drawn up ; the Senate initiates the laws which Del
has ordered the Council to draw up, the Senate to
propose; the Legislative Body votes the laws which
he bee ordered the Council to prepare, the Ministers
to propose, and the Senate to initiate. The fire wheels
am la truth, tali, one wheel; the same Imperial will
disguised in different shape, speaking by different
mouths. When the EMPIROII speaks, he appears
like an actor in his own person; when the few
bodies speak he is the director of the poppet show
who draws the strings of the puppets, and utters the
voices that arc supposed to corns from them. Well
may the Imperial lecturer say that the mechanism
of this constitution is "simple," and calculated to
produce harmony and prevent conflicts. There can,
indeed, be no cociiet where there is only one will—
unless, indeed, the Sovereign " divide himself
and go to buffets." It was scarcely necessary
to add, the. " the first aim of the legislator of
1862 was to emancipate the Government from Par-
liamentary control." In this he has succeeded to his
heart's content. In the second object which he says
he proposed to himself, he has scarcely been so success.
ful. He states that it was "to create an independent
Legislative Body." The Legislative Body might in-
deed hare been independent, if he had rested satis-
fied with "causing it to be elected by universal
suffrage, securing to it the most perfect freedom of
discussion in the vote of the laws and the budget.
and admitting no public functionary into its bosom."
But at the same time he denied it the privilege of
originating either the laws or the budget, and he
"regulated" the right of amendment. The Legisle.l
ties Body can only discuss those laws which ars sub
silted to it ready made, and it is refused the power
of making any amendments on them. It is bitter
irony to call a Legislature so manacled, " in-
dependent."
The Imperial lecture as the functions of the Senate
appears to have been called for by soese misappre-
hensions among the members of that body se to its
real character. "Hu the Senate," asks the lecturer,
" anderrood all the importance of its high mission P"
This gust ion is not answered directly, bat some
light is threwn upon it by a complaint in the be-
ginning of " the lecture," that the working of new
Constitutions is embarrassed by " inveterate tradi-
tions, which resist the most imperious applications of
principles which Goodman and necessities which
transform them;" cad the sly questioc, " Iles not
the Senate allowed the recollections and practices of
the old Peerap to have too much influence over it P"
Obviously the Senate has forgotten that it is a mere
puppet of which the EMPEROR is to draw the strings,
and has imagined itself " instinct with life"—capable
of spontaneous, voluntary, independent action. The
Senators, France, the whole world, will henceforth
be disabused of this dangerous error.
The great privilege of the Senate, the Imperial
letterer proclaims, is that it his plenty of time on
its hands. The Senate of Francs is an Avatar of
Mitros's " Retired Leisure." We are told that "it
depends on the Senate itself to 'mks its leisure more
useful than were the labours of the assembly whose
place in the Luxembourg it coespiew" It was in
consequence of a profound calealation that the Consti-
tution of 1852 " gave it plenty of time." Time (or
leisure—for the suede are used by the Imperial lec-
turer as synonymous) is declared to be " study,
observation, reflection, incessant search after every-
thing that is required by the moral and physical
improvement of the people, the intimate of agricul-
ture, the development of labour and credit,
the prosperity and security of Franco.' Parliamen-
tary assemblies had no leisure; Ministers of State
had and never will have leisure; but the envi-
able Senate of France is to hays leisure in abund-
ance. In short, the Senate is to represent in the
Constitution of 1862, the Simoarg of SOUTHEY'S
Thole* which sate blinking on the verged 'untie°,
elaborating wisdom in an eternal don; the Senators
in the Constitution of 1852 are to be as fru from all
necessity of actively isterfering in human affairs as
the Old. of Eetcolus. They are to enjoy the title of
Senators ; to pocket their pensions ; to 'meditate and
to do nothing. A negro who accompanied Farina-
LIN to this country isesid to have remarked that the
bog was the only gentleman in Ragland—. every-
body work bat be," Troth Saano. The Senators of
France are its gentlemen, par excellence—its hogs :
everybody works, bat they enjoy perpetual ropes
Above tbs die sad stir ef this dell world
Which asa all web.
The Emperor of the Fan= may boast with the
hero of the drama from whisk these Hass are taken:

I
Will 9000 be tvraleb'd with es fate a train
As ant my ewes/ Pre&
Atter all there ii soaretltiag erg ealguatieal 'best

this lecture. This is the anew II toted eboruass
the EMPEROR erg:wars to wish that should be awd-
vernally understood that the• is a elmmide let
to be acted. The hi,torical itecedeot wh appears
to present the closest afsibogyegr2flsis box eMilue ear
adminivered by Imperial hands to the Senate, is the
scuffle, recorded by Contsw, between the super-
numeraries who enacted the fore and hind legs of
the pasteboard elephant at Drury-lane.

THERE is something appropriate in convecting the'
elevation of Mr. Baron PARKE with questions of law
and precedent. And this result, we must confess,
has been admirably achieved by the terms of the
patent which bestows the dignity of a Peer on that
learned person ; for he is now Baron WENSLEYDALE
11 OF WENSLEYDALE for the term of his natural WC
As to the power of the QUEEN to create any title she
pleura, subject to any limitation she pleases, there
can be no manner of doubt, for as it is said she is
the fountain of honour, ard that fountain is inex-
hanstible. Indeed, Lord Coxe lays it down ex-
pressly that a peerage may be granted to a man or
a woman during their lives, though not for a'
term of years, inasmuch as upon death it would
have to go to executors. And in one case Lord'
BROUGHAM dimmers the question whether a peer-
age may not be granted pur ourrs vie, or, in
other words, during the life of another person ;
bat comes to the conclusion that it cannot be eel
granted, because it would be Impossible to exercise'
the peer'. privilege of voting in the House of Lords
1 without knowing whether the person on whose life
the existence of the dignity depended were alive or
dead. The legality, however, of life peerages does
not depend upon mere theory, for such peerages are
aot wieboat precedent.

In the year 1543, HENRY VIII. granted the dig-
nity of Earl of Thomoud to MURROUGH O'limatt
for the term of his life, or, as the patent rune, pro ter-
mite* rigs. In 1719, EVANOARD MELOSINE SCIIII-
LENBERO, the mistress of GIORGI I-, was create
Duchess of Kendal for her life ; and in 1722,Mxtrxisis.
Da Scutmcestaci, the natural daughter of the same
monarch, afterwards the wife of the famous Earl o!'
CHtsTERTIRLD, was created Counties of WALSING-
Hay for life also. Both upon principle and upon
authority, therefore, the grant of the Barony of
Wensleydale for life is unimpeachable. Hitherto,
as it seems, peerages for life have been used for
the ignoble purpose of ennobling the mistress of a
king, and, as Lord THoiti.ow one. told the Doke of
Oaarrox, " the accident of an accident," and there-
fore we cannot but congratulate the Pante MINISTER
upon the bold wisdom which dictated the exercise of
en
undoubted Royal Prerogative by conferring • life
peerage open so eminent a lawyer as Baron PARES.
For it is, indeed, difficult to exaggerate the important
parpoess which may be served by peerages for life.
Henceforth it will no longer be necessary to deny
poor men the rank doe to their merits—to thrust it
upon them to the discomfort *of themselves and their
families; or to bribe them to accept dignities by here-
ditary pensions. Henceforth, a GOLDSMITH or a
lonnsoo, a TaccxmaY or a HALLAM, a Hen-
SOUL, or a FARADAY, may take their seats among
the Peers of England. We are not so bigotted
as to think that no man of hereditary nobility
ass be illustrious except by courtesy. Sash an
assertion is consistent neither with probability nor
with fact. But we venture to think that as our
House of Peers derives its chief dignity from the
august memories of the past, so the men of the present,
most eminent in literature, in seienes,and in artomo not
fail to add dignity to an assembly however famous.
lint it is not only because the creation of life peer-
agee will give additional means of conferring honour,
and will even add a lustre to the Houma Lords, that
we approve of the novelty in speedos, but it is be-
came by this means an obvious method is prepared
by which the Home of Lords may be rendered an
admirable Court of AppeaL As things at present
stand, it is impossible to conceive a more unsatisfac
tory court of justice. No case ever comes up to
be debated there until it has passed through pro-
bably two or three inferior courts. It is surely
obvious that the ultimate court of appeal—from
England, Scotland, and Ireland—ought to be a court
constituted of all that is most learned and dignified
in the empire. And yet we have only to ask Lord
Sr. LIONAILDS whether the House of Lords contains
a single qualification amoogit the many rare qualifi-
cations of which such a court stands in need. Cor-
rupted as his lordship now seems to be by rank sod
by wealth, it may be doubtful whether his opinion is
worth having; but let any one take the trouble to
consult the opinions epee the matter recorded by him
is his books, and he will be at no lose to find
mesas for desiring a change. The existence of the
House of Lords as a court of appeal is • complete
anomaly. There the CHANCELLOR sits dem--
aided perhaps sometimes by one or two legal peers,
sometimes by one or two noble lords immersed
in semi& In certain cases no doubt the
judges are summoned to advise j but instances are
not wanting in which, notwithstanding their almost
unanimous opioiass, • different opinion has pre-
vailed. And it is notorious that one case at
least which was decided, and wrongly decided,
by Lord BROUGHAM, when he constituted the House
of Lords, has caused infinite trouble and perplexity,
from the obvious &Mosby of the Supreme Court of
Appeal overruling its own &aloe.
Some attempts have from time to time been made
to pat an end to the Hass of Lerds as a court
of appeal, bet without soma. The jealousy of
peen au this subject is matter of history, and
the somewhat indecorous freest at the close of
the last session between the LORD CHANCELLOR
and the SOLICITOR GENERAL as to this matter shows
that the same jealousy still subsists. To divest
peers, therefore, of their privilege to sit as judges of
appeal would seem to be a task well nigh hopeless.
Nevertheless, if this new system of granting peer-
ages for life be judiciously need, no such violent
change will be requisite. Only let the two Lords
listless and the Judicial Members of the Privy Coun-
cil be created Peers for life, and the Judicial Bench
will not only derive additional dignity, but the deci-
sions of the Hones of Lords will acquire additional
respect. Take, for example, the names of those dis-
tinguished men who, if cur proposal were carried
into effect, would take their meats in the Hones of
Lords—and we venture to thick no names could consti-
tute a more admirable tribunal. Seca are the names
of Sir JOHN PATERSON, of Sir WILLIAM MAULI, of
Dr. LUSIIIIIOSoN, of Lord Justice BRIGHT BRUCE,
and of Lard Justice TURNER. Surely if the au
bolding the same position for the time being as the
nose we have just mentioned are to constitute
the House of Lords as a Court of Appeal,
it would be utterly unnecessary ever to names
the ledges for their advice—except epos some very
'pedal ossmicol; and it would certainly be impossible
'o lad any ease in which the pier who proaanced
the decision bad shown himself *Dorset or forgetful
of legal prinsiplre, or in which kis judgment had
been warped by private intermit or party prejudice.
Above all, we should so longer witness that strange
seemly of two or three lawyers, lanes they are
peers, overruling tee or twelve lawyers bemuse they I
are simple knights and jostler..

WI ileum; Weed: that Baron Assonnus
Weber bo sees ass le likely to be,. ow, and to soup

Illlommim.