The Express.
London, England, 1847-07-15 00:00:00

themselves, did not consider it necessary to trouble
Mr. WEARING for an explanation of threatened and
nameless charges from a party to him or them un-
known. But when next day's poet brought a
letter—which reached the director's hands—from
Mr. SMITH, indicating some startling conclusions
and throwing a new and sinister light on the dis-
regarded letter itself, that, too, became a docu-
ment of interest. The letter in question, re-
ferring to a former one,—withheld from the pro-
prietors though addressed to them and bringing
against one member of their establishment the
serious charge of wielding the powers of the
paper in the interests (of passion or fortune) of
another—made inquiry absolutely necessary. "He
has boasted," says the writer, " that, as editor [which
WEARING was not] of the Daily News, he will publish
in extenso the account of my pecuniary difficulties not
only in the Daily News but in other London papers
with which ho has influence. I feel confident that
yon will not, by your permission, assist a pri-
I vat° and vindictive object, by unusually and un-
necessarily giving publicity to proceedings which
took place in a district court of bankruptcy, and
which, involving no point of public interest or
justice, can have no other effect than that
of adding additional pain and additional injury to a
man who has long suffered from the unfortunate po-
sition in which persecution and unavoidable circum-
stances have placed him."
The inquiry took place : and the following facts
were elicited.—Mr. WEARING was, as we have said,
SMITII'S detaining creditor—in a state of
.great hos-
tility to him—and bad kept him in prison more
than a year for a disputed debt. Mr. PowELL, by his
own admission, was well acquainted with WE 'MING'S
I hostility; and yet he—to whose hands, by his posi-
tion of sub-editor, the honour and character of the
paper and of all parties concerned in it were confided,
and at whose mercy, by virtue of that confidence,
they absolutely were—consented to serve it. He
wrote to the Bristol correspondent of the Daily Yews
for this unnecessary report (which without such ex-
press demand that correspondent would never have
dreamed of furnishing),—because, as he said,
it involves "certain proceedings in which a
gentleman in our establishment is interested." So
much in earnest were the parties, that this unusual
application was, at a later date, repeated :—and the
report, when at length received, was handed over to
WEARING himself, by Mr. POWELL, to be prepared for
publication. By WEARING it was so prepared, and I
published ; "garbled,"as we contend, by the erasure of
every part which mentioned WEARINGS own name—
whether this species of editorship touched the essen-
tial points in the cause or not. With reference to our
right to dismiss, this case cannot be looked at alone.
It must be regarded with a view to the animus
which pervaded it, and to the far greater wrong to
others, and injury to ourselves, which the same
animus might do, working with a different series
of facts. The matter was quite as alarming to
us as if it had dealt with larger interests. As a
minor proof of this animus, it may be mentioned that
—whereas to every paper so edited fur press it
is the duty of the sub-editor dealing with it to put
his initials, as the printer's warrant for its insertion
—the signature of Mr. WEARING was here
withheld. The letter of complaint from Swim,
addressed to " The Proprietors," which followed on
the same day, Mr. POWELL TINT also to WEARING ;
and allowed him to withdraw it from the office—from
which, it is a rule, and may be of the utmost import-
ance that, no (locum( nt, however seemingly trivial,
shall be removed. These facts were, as we have said,
proved :—and thereupon the proprietors dismissed
both POWELL and WEARING.

Now, what else could the proprietors do than dismiss
this plaintiff from their service? And what would
have been their own position before the public had
they accepted this reproach upon the paper for them-
selves? At any cost it became necessary, for the
journal's sake, that they who have its ultimate
control should separate themselves from the suspicion
of employing a great public influence for personal and
petty purposes—and the desire to stand clear before
the public, who have an interest in our purity, ought
not to cost so much. A question like this could not
fairly be tried by the mere dry morality of the Ac.
count-book. Again we say, that the amount of harm
actually done in this particular case is not the true
measure of the mischief ;—and that, even commercially,
the jury should have seen that we could feel no safety
in each hands. Since we have cleared ourselves in
this matter only at so great cost, what might have
been the future consequences of retaining on our esta-
blishment a spirit that had thus proclaimed itself?
If sub-editors receive the formal sanction of juries to
deal with us and our property thus, for what penal-
ties, on another and contradictory ground, as we have
said, may we not hereafter be liable before the same
juries ? When we come into court charged with I
libels which we could not prevent, we shall be told that
we are answerable for the conduct of our servants by
those who to-day strip us of the control over them.
We shall be taunted with the non-necessity of keep-
ing sub-editors whom we cannot trust, by the very
authority that now forbids us to dismiss them
The verdict involves a tissue of absurdities:—and
assuredly wants correcting. Every way we turn it,
presents a new aspect of its danger and injustice :—but
the few points that should have settled it lie in the
narrowest compass. Does any single one of these
jurors believe that this report found its way into the
Daily News on public, and not on personal, grounds—
that it is there at all but because of a pri-
vate resentment? If not, can they think that
we could have been morally justified in retain-
ing those who inserted it? The conditional con-
tract with Mr. POWELL is not denied :—we stand
only on our right to dismiss him when he endangered
our character and our property. In the moral aspect
of that right the public have the greater inter-
est : the commercial one is our own —and the
law of it was made perfectly clear by the Lord Chief
Justice.—" An agreement between the employer and
the employed is always upon the implied condition
that the party to be employed will conduct himself
in a manner conformable to the spirit of the agree-
ment into which he has entered, and so as to make his
services available and beneficial to his employer. That
is a condition engrafted by the law upon every agree-
ment of this kind ; and the breach of that condition
on the part of the person employed will warrant the
other side in determining the agreement. Where
a person is to pay a certain remuneration for certain
services, unless those services are rendered so as to be
available and beneficial to the employer, the agreement
would be a mere one-sided benefit."—Well, then:—
services continued to be rendered by Mr. PoweLL in
the spirit of the particular one now in question would
have ruined us—as they ought—in the end : and we
dismissed him for present justification and for future
security. As the matter at present stands, the worst
that can be said of the proprietors of the Daily News
is, that their sense of duty, honour, and responsibility
was too refined for the apprehension of the jury:—and
the public that would ratify the verdict of the latter
should find its appropriate punishment in being left
to the tender mercies of irresponsible sub-editors.

A portion of the following appeared in a second
edition of this paper last evening :
Paris journals of Tuesday, together with our usual
letters, have been received.
The meat strange investigation in progress before
the French court of peers proceeds, and each day is
marked by the development of events more and more
extraordinary. It is impossible to convey an adequate
notion of the intense interest with which the pro-
ceedings are regarded, or of the painful curiosity
which is manifested as the accused are conducted to
their places. Every eye on Monday looked for M. Pel-
lapra, whose return had been rumoured the preceding
day, and whose presence at the bar of the chlmber was
confidently expected. The letters of Mad.Pellapra and
its enclosures, the letter of her husband to her on his
departure from Paris, together with the several notes of
M. Tests, were listened to in profound silence. As
the evidence gradually brought the truth to light, and
as the guilt seemed by every fresh testimony to come
closer and closer to M. Teete, that person evinced the
utmost coolness and the most unflinching self-posses-
sloe, examining and cross-examining the witnesses
with all the dispassionate adroitness of a counsel
acting as the fee'd advocate of a third party. At
the rising of the court at six o'clock M. Tests, against
whom such a mass of unexpected evidence had been
brought, appeared to be the least affected individual
in that crowded hall.

The bewildering doubts in which the report of the
proceedings and the air of confident innocence of the
accused left the public were soon destined to be dis-
pelled, and this curious drama was to receive an un-
foreseen djimement. At half-past eight o'clock in
the evening of Monday the report of fire-arms was

heard to issue from the apartments in the Luzern.
bong, occupied by the prisoners. The person,
in charge and the guards instantly rushed
to the rooms and found that M. Testo had
attempted suicide with pistols, but without sums/.
It appears that he first placed a pistol in his mouth
and snapped it, but it missed fire. Provided with a
second, he placed the mouth of the barrel close against
his breast and discharged it. The ball under these
circumstances seems not to have acquired force
enough to enter the body. It fell to the ground,
merely leaving a black mark on the waistcoat and
the skin, but without producing any contusion, as
was incorrectly stated in some of the published
accounts. The Chancellor, the grand refcrendary, and
the members of the committee of the chamber ap.
pointed to conduct the trial, were immediately sum.
mooed, and the commissary of police of the district,
as well as the prefect of the police, attended. The pro.
eareur-genc,ral and the police authorities made a
proet's verbal of the transaction. M. Teste was ordered
to be kept an stereo, with proper precautions against
any repetition of the attempt at self-destruc-
tion. The only person who visited M. Testa
after his retirement to his apartment yester-
day was his son, who is a member of the Cham-
ber of Deputies. This circumstance has given
rise to the report that the loaded pistols were
thus supplied to him. A report is mentioned in
Galignam's paper, that as he was leaving the court
on Monday evening, he was heard to exclaim : " Je
suss un homme perdu!"
We give elsewhere a el:snnti of the pro.
ceedings of the court on Tuesday, which were
of course cut short by the events of the preceding
night. On being summoned to attend the court,
M. Tests declined acknowledging the unanswerable
nature of the proof against him, and, in substance,
confessing that he accepted the wages of corruption.
The act of corruption by Pellagra, and the
complicity of General Cubii2res and M. Parmentier
were not denied by their respective advocates, and they
merely appealed to the clemency of the court. At
the time our correspondent closed his despatches the
sentence of the court had not been declared.
elle King and Queen of the Belgians, with their
son, the Duke of Brabant, are at Neuilly. The Kiag
and Queen of the French and Madame Adelaide, with
the Duchess of Orleans and her children, arc at Drees,
attending the religious solemnities which mark the
anniversary of the death of the Duke of Orleans,
which took place on July 13.
The weather continues to ba highly favourable. The
late rains have been succeeded by an unclouded fir-
mament and high temperature. At six in ele morn-
ing on Monday, the thermometer in the shade stood
at 701 deg., at noon it rose to 86 deg., and at two
o'clock it attained 881 deg., an unusual temperature in
these latitudes.

MADRID, Juts 8.
In the absence of all news of any higher interest, I
take (coin the Correo the following account of the Queen',
dinner to M. Brunelli, which came off on Tuesday evening.
The number of covers amounted to 34 ; and the table wu
laid out in the great saloon hung with crimson velvet. which
faces the Plaza del Oriente, and which was brilliantly lighted.
The Queen sat nt the head of the table, having on her
right the Legate of his Holiness, end on her left the Presider
of the Council. In front of her Majesty sat the Infant DUI
Francisco. Between, in order, came the diplomatic body,
the ministers, and the high officers of the household. The
Queen wore a dress of rose colour, with a diadem of brilliants
on her forehead, In the term of a royal crown of the middle
ages. The dinner was choice and light, and lasted for only
three-quarters of an hour. Then the guests passed into the
saloon of minors to take coffee, which was served in a ter.
vice of gold. The Queen went about talking a little to ell
in turn, with her natural grace and amiability. The coma
rany was dismi,sed a little after eleven. During dinner the
Nuncio maintained an animated conversation with the Queen,
with whose affability and talent he went away quite charmed.
Preparations are making at La Ginnie, which in the
months of July and August bears away the paint from ell
the other royal residences for coolness and amenity, to receive
the Queen's visit. The defeat of the rebels on the left bank
of the Tagus has been followed up by their attack and
sion on the right. Don Pedro Panda fell upon them at
Tresnedoro, and took six of their horses. The riders escaped.
The Progresistas are forming a junta in the capital to
superintend the elections of the provincial deputies.

TIONTREAL, ince N.
The provincial ministry have maintained their
ground with small but increasing majorities. Having brae
with a majority of but one on the first test division between
themselves and the opposition, theynegatived Mr. Baldwia
amendments on the address by a majority of two, and haw
since counted four upon a vote of want of confidence, in the
shape of an address to the governor to form a stems
ministry. There seems to be no disposition on the part of
the opposition to obstruct the public business of the sesoke,
which, with their large minority, they coald easily do. The
want of confidence motion did not originate with the leaden
of the party, but was left in the hands of one of the eubordi.
note followers, Mr. Scott, who is in no respect a prominent
politician, and disqualified, in the opinion of some, for inch
a task by his connexion with the troubles of 1837, when he
was a fugitive from the country.
The subject of the ministerial negotiations bas been only
incidentally discussed in the assembly. In the leeidative
council, Mr. Caron made a permed statement of his ekes
in the correspondence he had carried on with Mr. Cayley.
He imputed insincerity to the government, with whom ho
professed to think no real desire for a union with the French
party existed. It would be difficult to imagine any rational
motive for the overtures made both by Lord Elgin and the
prevent ministry, if they did not orisrinate in a sincere desire
for the success of the overtures, which I am thoroughly cop
Tinted they did. earle.blanehe was given to Mr. Caroused
his friends to enter the executive council upon the term
they had themselves formerly proposed, selecting the hut
viduals of their party in whom they most confided, and tee-
tering upon the duties of their office unfettered by pledges.
Mr. Sullivan, the leader of the opposition in the hearties
council, remarked with some severity upon the eradiating
the Lower Canadian allies of the reformers of the apple
province to desert them, and take office with the cuemia if
their party and principles, as disclosed in the two negotiants'
that had taken place between Mr. Caron and the proem
ministry. Mr. Caron, in defending himself from the seer
cation, adverted to the disappointment caused to the Freed
Canadian party be, the small return of reformers at the be
general election, not more than one.third of the number pro.
Inland by the ceders of the party to whom the Frank
Canadians had listened. He moreover expressed doubts •
to the justice of making the interests of the whole body sf
the French Canadians subordinate to the interests of the
reformers of Upper Canada, adding, however, that had they
abandoned the alliance, and entered the executive cowl
as proposed in the negotiations alluded to, it would has
been with the hope and intention of introducing them as
share in the government afterwards.
I see no reasons to alter the opinion I gave in a former
letter, that, notwithstanding the failure of the negotiation
that have been hod, the desire for a union of parties eta
subsisting in potential quarters, that union will yet someday
be effected—not, I apprehend, this session, but prior to the
next, when, a general election having shown the strength d
parties, the negotiation may be honourably renewed.
hlr. Caelev has made his financial statement for the yes
1846, and submitted his project for 1847. They give general
satisfaction, and demonstrate the steadily.inereasing pro
perity of the country. The following, from the Manfred
Herald, gives an accurate and intelligent amount of the pro
posed financial alterations :
Aacdhiletorneedim2i..PecllrdeWrpropormi:ediffn:aLtoth:tai
other duties now levied upon revel.. coming from see to ?doleful
IsdFieutleenesTatt2:l;eedoffu:thetl:e'virraliatishtonnagehillc.""flaisilleal
and Quebec., laving the charges which the produce Is applies* *
le
upon the conAilidated fund; to extend the facilities now granted
.
importers of ell kinds of goods to pass them through one alas w
to
whichenth,t iya:ntobe
brought, moo
ritenointityli.je canalsaap, toopertlierelogrgi:
revenue. of tae province. It is proposed, in addition to three referee
to reduce all duties on raw materials to the union rate of Ips
root, at reforms; and though this was not mentioned he 1$
-general, we are informed tot measures are to be take',
Z;efekwrocate the intereolonial trade, free of all duties,. which Ow "I'
tutors of Nom Scotia, by a recent act, has proposed to the siert re.
'users. There are two drawbacks to the excellence of this mhos.
which in other respects is full, approved of iby all intelligat i11'..,
These are the maintenance of the present duty of 38. per quarter, ir
the proporal to adopt the suggestion of the British reenuneo;.••
inmate a duty of 25 per cent. on reprints of copyright 1••• "'"
excluded by the Copyright Act. To the first tonne they are peolohlf
compelled, by the well known tenacity with which the 'farmers art
to this phantom of a protection, which they at first inipacedi on IS
.T,..,
their own good, but that of the English landlord., To the
ToA
are in souse meaeure urged by a desire to get rid of the 0091.••
Act upon whatever terms. The British government, however,
to see the absurdity of desiring to enforce such a duty i the
don keeps out no repents, but those required by the P
reader. The 25 per cent., in like manner, must evidently he'd
worthier*, so a protection to the British publisher; but it will be •
tax upon the improvement of the people.
anrnYi addition
dition to the above, Mr. Cayley has stated that ,11.,•
the intention of the government to urge upon the intloT
government, the propriety of making Montreal a free Mei
with the ultimate view of obtaining the free tuitio6.
_! 1,....
the St. Lawrence for all eeuele. Already several sums',
flags have come to Montreal, the first since the taiga •
Canada to the British crown.
The condition of the emigrants who arrive this
pee
alarming and distreming, and the two houses have •04•14:
address to the Queen on the subject. The immigniill
year will amount to 100,000 at the least. At the
ground, below Quebec, the evils of destitution andlieieet,J.
fearfully aggravated by the numbers that crowd the lit
space at their disposal. Outside the city of X_7.
an army of from 5,000 to 8,000 emigrants are 100n1.L•74
encamped, their haggard leoka and wasted forms
to the sympathy of their fellow creatures in the mcelinr!ii,
manner. Everything that can be done to relieve Inw,l
coon is done; but there are always 1,200 sick, and tIWM
are from 20 to 35 in a day. The exertions of the oe'w
of Grey Nuns, who devote themselves day and ailill", i
sick and dying under the aggravated discourageoll,y
these crowded haunts of pauperism, exhibit the Wog=
qualities of the individuals and the order, in a manswir
no language can adequately peurtray. A' yet We
.:
healthy ; but with the thermometer at 90 deg. in loirri,g
and so much typhus in the emigrant sheds, we are Box.
confident upon the subject of contagion.