The Express.
London, England, 1846-11-27 00:00:00

x-he '-' 1 prtoo.

MAILS.
The moils for Vigo, Oporto, Lisbon, Madeira, Cadiz, and Gibraltar,
tell be made up on the morning of the 27th November (to-day i.
The mails for New South Malta. yin Diemen's lead, and New
Zealand will be mode up on the evening of the 20tk November.
The Wert India maih, excluding thaw for Mexico, Honduras, and
the Havonnah, will be made up on the morning of the 2nd Decembea.
Ths overland trails for Gibraltar, Malta, Greece, the lonian Islands,
Egypt, Aden, Ceylon, India, Bong-Kong, and China, via Southampton,
will be mode up on the morning of the ant December.
The mails for British North America, BCTIMUIIa, and the United
States, will be made up on the evening of the 3d December.
The mails for the Brazils, the River Plate,
one Mont Video, Pernaon mthe
-
'=hia, Ma tetra, and Buenos Ayres, will ice
of the 4th December.
Tbe overland dined mails, via Marseilles, to the Mediterranean,
Egypt, Aden, Ceylon, India, bong Kong, U., will be made up on the
evening of the 7th December.

TO CORRESPONDENTS.
we cannot notice, In Wy way, any communication that bi sent to no
eriouymously ,• but thoec who choose to address Os in confident:evil'
And their confldenos respected. N EITHER CAN WE UNDERTAKE
TO RETURN ANY MANUSCRIPTS WHATEVER.
11. M. S. Rose.—We can only repeat to Yr. D. N. Welsh what we
addressed yesterday to " One (4 the Roses."
'ass Advertisements intended for The Express, Loudon evening paper,
meat be at the 06oe by Two o'clock on the day of publication.

HIGH WATER AT LONDON-BRIDGE.
Tem Day.— Morning, 5 min. past 8 ; Afternoon, 42 min. pant 8.
To-sionsow.—Morninee, 20 min. past 9 ; Afternoon, 55 min. past 9

LONDON, FRIDAY, NOV. 27.
IT is evidently and naturally the intention of our
Foreign-office to return a decisive negative to the pro-
posals made, or about to be made, by. the French
government for joint protestations in behalf of
O.K-ow. This refusal will, we trust, betray none of
the angry or contemptuous sentiment, which partly
dictates it. The French Court, no doubt, deserves to
be met by those swatheinant feelings, which its conduct
has excited. But present proposals for the
rescue of Cracow, it is not merely the court or the
government of France which addresses us, but the
public voice and passion, the generous sympathy,
the high-minded and disinterested enthusiasm, of the
French people.
Such a movement, if it does not at once obli-
terate our sense of recent injury, cannot but com-
mand our respect. It shows, how very thin and
superficial is that irritation and rivalry in France to-
wards England, its interests and preponderance, and
how much more deep and serious is the hostility and
the fear, with far more justice entertained, of the
encroachments and preponderance of the despotic
powers. These sudden alternations and bursts of
political feeling, on the part of the French, now
against England, now against Russia, prove both
to be the sincere impulses of national feeling,
not the cold or crooked calculation of selfish
policy, such as one or two writers would
endoctrinate. The present enthuniasm through-
out France for the liberation of Cracow, far greater
and more universal than anything of the kind felt in
this country, does honour to the French; and we
should not only give them credit for it, but meet it, as
far as we can with d, where we differ from
it, with a calm and courteoustatement of the reasons
which prompt us to hold back.
First of all, then, let us say, that the French exag-
gerate the power, and, perhaps, the right, which
Western nations:can use or arrogate in interfering with
the East of Europe. For some years after the settle-
ment of 1815, the Eastern powers did continue to
interfere with our Western countries. Russia
directed French councils, and was exceedingly
busy and influential at Madrid. Within the last fif-
teen years, however, this has been totally changed.
The influence of Russia, Prussia, and Austria, has
been literally annulled in the West of Europe. Spain
has been revolutionised, and the treatiesof 1815 turned
inside out in the resettlement of Belgium. On the
other hand the influence of the West has been annulled
in the East. Poland has been crushed ; her freedom
and her nationality annihilated. All our attempts to
save Cracow or open the Danube have failed. Con-
stitutionalism is mistress of the West; absolutism has
taken more firm and unmitigated hold of the East.
The line that has thus been drawn by the progress
of events between the two great portions of Europe,
has completely altered the relative positions and
policy of different states. The treaties of Vienna
contemplated a state of things quite different from
the present, one in which powers and influences
were intermingled, in which Russia and France,
Austria and England, might go hand in hand. Let
us recall the circumstances under which Cracow was
declared a free city.
The Emperor ALEXANDER was determined on
possessing Poland: Prussia was bent on having
Baxony: Austria deprecated the double spoliation. The
consequence was, that at Vienna, Russia and Prussia
leagued together for the support of their mutual pre-
tensions, whilst Austria, France, and England leagued
to preserve the independence of Poland ; nay, went
SO far as to fix the amount of the armies which they
were to raise and keep on foot for the purpose. This
contest, fortunately confined to diplomacy, and in-
terrupted by the return from Elba, ended by the
Duchy of Warsaw being ceded to ALEXANDER,

who in turn granted the independence of Cracow,
wrung from him, in fact, by Austria. But it was
impossible to hope or to effect then the independence
of Cracow, had not Austria stood forth as its defender.
Is it possible to hope or to effect it now, that Austria
has been provoked and turned into an enemy by the
Pole. and Cracoviane themselves ? We say that it is
impossible except by a European war.
' As we observed the other day, the safe way to give
tone to diplomacy is by fleets. Ships may menace
without insulting ; they may act as preventives, without
waiting for
and mo vengeance. But armies cannot be con-
gogatedmoved without immense preparations,
esuerses, and the most grave results. A fleet sent to
theDedanellee may save Constantinople,_ without
giving prezezt for war. An army crossing the Rhine
would pat EuroPe in a flame. When the French,
therefore propob'e to march upon Landau, as they did
upon Antwerp, ant: take it as a guarantee for Cracow
—even if the -French Court was serious in suc o
h a pr-
posal, sod might be trusted by ut—we s
absolutistits and
constitutietiol regions, are at variance. They were
animated by contending principles as well as by
divergence of p,hysieal interests, which once menaced
a recurrence to thc sword. But these physical differ-
ences have disappt„lred. The Eastern powers no
longer meddle with th.a West. Let the Western powers
no longer meddle with the East, or with its internal
arrangements, at least by war, or by aught that could
lead to it. But let the en: rugglc of the two prin-
ciples and the two regions be carried on by reason, by
example, by the'srogress of opinion, of experience,
and by the cause of general free dons against that of
individual might.
We have not the least fear of the result not the
least doubt that one po-tion of that result will be the
restoration of the Poles to their country, and of their
country to its nationality and rights. But we do not
at all eomidor, with the Pecnch, or with many friends
of the Poles in this taantry, that this restoration can
ever be effected by the arms of the west. However
noble the cause, however seen' d the aim, we depre-
cate alike seeing Russian bayo, lets on the Rhine, or
French bayonets on the Vistula.
The battle, we feel convinced, can be effectually
fought with other arms altogether, Poland can now
only be saved by the Germans. And the way to
enable the Germans to first eteaneil .ate themselves
and then their neighbours, is not 'co attempt to
Ttheir governments, or coerce their people.
The idea of France now striking s blow 4 It Germany,
in order to avenge the fall of Cracow, would, in our
opinion, be a most monstrous act of impolic v.
Considerations of this kind cannot b ut sway
the members of our Cabinet in refusing to join
ce Fran at present in any joint or am fle
eing
protest, And we hope that such con` iders-
Cons will be avowed. The present demond for
our active alliance and co-operation being t male
in obedience to the wishes of the French nat ion,
ought not to be rejected with words of
to pique or t art
retaliation. If the French have stooped regulate the dr
policy and decide serious measures by petty, personal,
or purely dynastic motives, it is not for a great and
free country like England to follow the example.
Our grounds of action must be of a higher kind; for
where the independence and fate of great countries
are concerned, one cannot listen either to the feelings
or the words of unsuccessful rivalry or personal spite.

Ir is too much to expect human institutions to
work perfectly. Although the end and aim of the
English Constitution be " to get twelve men into a
box," juries are credibly reported to have occasionally
fallen into grievous blunders. Metropolitan magis-
trates are carefuly selected, handsomely paid, and
sharply watched, yet they often commit themselves
instead of their prisoners. Even judges are sometimes
testy, counsel tedious, and attorneys litigious. In
fact we are afraid that the machinery of the law is
liable to more than the average share of human
imperfections. It is expensive and elaborate, yet so
old-fashioned as to kick and jar under every altered
process, and sometimes to stop altogether rather than
help out a new-fangled notion. The shafts and straps
and pistons need an enormous amount of oiling, and
when all is done, the unhappy wight who ventures to
set in motion the jagged wheels, and portentous cranks,
and heavy rollers of the law, is very likely to be
sucked in by the hitching of some unlucky loop of a
technicality, and extricated in a lamentable pickle of
purse if not of person. " Costs" is the most fatal in-
strument of legal machinery. Few use the engine
without suffering more or less damage from this part
of it. Yet the statutes which box in shafts, and
lathes, and fly-wheels,leave "costs" awarded by justices
of the peace unfenced by any limitation whatever.
The " great unpaid," in working the judicial machi-
nery, are particularly fond of setting the ooats-crusher
in motion. Like mischievous boys in charge of a steam-
engine, they play pranks which are not the less
worthy of punishment, that they are not always fatal.
It is marvellous to see a worshipful bench of magis-
trates setting too for a bout at costs; flinging off their
Christian gentleness as clergymen, their neighbourly
feeling as squires, and their common sense as men, to I
squeeze an unlucky labourer, or white-beaded urchin, 1
under the crusher, on some trumpery charge which
they should never have entertained for an instant, much
less punished. Prominent among such offenders
against the true usefulness and purpose of their office,
is the Loughborough Bench. We have had occasion
already to call public attention to their proceed ings.
Unwarned, we regret to say, by previous lessons,
they have recently signalized themselves by conduct
which would be ludicrous but for its cruelty, or cruel
but for its absurdity ; for we hardly know whether it
is best described as imbecile or inhuman. We give
the case entire, and unadorned, save by some modest

italics :
A FARMING'S-WO/Mt OP DAMAo7:!—Jolut and William, sons of
John Tyler, of Wiraeswould, were charged with damaging the
door of the work-shop occupied by Enoch Crooks, of the same
place, on the evening of Wednesday the 4th instant- Mr. Coope ap-
peared with complainant, and Mr. limiting for the defence. The com-
plainant and three or lone more witnesses were examined in
he support
of the charge.—A boy named George Heatheoto deposed that saw
William Tyler throw a stone at the door, and then, with his brother
and a boy named Brooks, run away. On crows-examination by Mr.
' Hoskins. witness said he did not know what was thrown ; and he did
sot see defendant WOW II atone.--John Brooks was called in aupport
of the charge, and said he was with William Tyler on the evening in
question, but did not see him throw a atone. He beard
something hit Crookes shop door, and he ran away with
William Tyler an soon ass they heard it. Enoch
was asked what injury was done to the door, nnd Crooksou
qty. Mr. Iletworth told him if there was no damage done, the bench
amid not grimed with the case. Mr. CO, pesuggested sixpence as the
lament, but Crooks estimated it as a farthing; on cross-examination
by Mr. Haskins, be said it was not the door which was injured, It was
the door-frame. The father of the defendant wassworn, and deposed
that Ileatheote had told him the boys were playing at " and
;" that
he did not see William throw a stone and that Heatheote also said
Mr. Goddard (Crooks's landlord) had "frightened him out of it"—
William Melding, a joiner, deposed that he had examined Crooks's
shop-doer, and found nothing the matter with it. There wan °small
indentation in one side of the door-frame, but it teat no damage.—ln
the coarse of the hearing of the case it was stated that Crooks had been
annoyed by before e thrown at the shop-door last winter and
the winter before, and he had this winter offered the constable
Ss. for the first offender he could catch. Ile did not cam.
mon Brooks, because his parents were sorry that he was "in the
mess; " but Tyler's mother, he said, blackgturded him very much
when he went to them.—The case lasted about an hour and a halt.
In the course of it Mr. Hoskins twice raised objections on account of
variations between the evidence and the information, but waived
them, as he was willing the cane should he decided on its menus.—
Mr. Goddard was sent for out of the market, and denied threatening
Heatheote to compel him to come and my William Tyler threw the
sone. 'nu% magistrates convicted both defendants, and ordered them
, to pal one farthing damage, and • fine of Is. each and cads, amount.
I ing in all toll. lie. Old.
That is to say, the coats of the case are exactly six-
teen hundred and thirty-three times the damage, and
more than seventeen times the whole amount of fine
rim
This is, we conceive, the most gorgeous sacrificing
of the bird to the sauce on record. The cucumbers
stuffed with pearls of the Arabian Nights' Entertain-
ments, furnishes the best parallel to it we can think
of. The case is the cucumber, and the costs are the
arls. We should not object so much if the Rev. J.
DUDLEY, or Mr. ACWORTH, or Mr. DANVERS chose
to stuff their own judicial cucumbers with their own
magisterial pearls; la other words, to get up silly
little cases of their own, and pay their own enormous
costs. They are gentlemen of means, and mark, and
perhaps can afford the luxury. But think of poor
Joni TYLER!
However, the justices have law on their side.
They are left unrestrained by statute, " when they
have heard and determined the matter of the com-
plaint to award such costs as shall seem fit to be paid
by either party." They may levy the amount by
distress. Or if, as is often the case, goods and chattels
of the victim cannot be found, they may commit him
to the House of Correction, with hard labour, for not
more than one month, nor less than ten days,
or until all be paid. Tolerably stringent powers!
But, to speak with the seriousness which this case,
more deeply considered, justifies and demands. Here
is a double sin on the part of the magistrates of
Loughborough. They entertain a case which they
should at once have dismissed ; or in which, if they
proceeded with it, they should undoubtedly have
saddled the party insisting with the costs. As men
of consideration, as gentry, and still more as clergy of

Oates
Cadke
Tea

THE EXPRESS, FRIDAY EVENING, NOVEMBER 27, 1

the neighbourhood, thsy shold lave acted as peace-
makers la. Bach •rideldoO sidderet,iseteltd• of in.A
hernias the erilisto s ease of Air, hush said a-half 's
tallgand, pond and s-Italf Oft. Thos-seem'
have been attorneys emplbyed mond con. This is se
doubt one reason far the dunenskas both of moan&
costs. But one of the most usehl functions of the ^
bench is to crush the litigious spirit which profes-
pional men often engender, by reusing to hear them
in such cases as the present. As magistrates, they are
bringing the law into contempt ly lowering its con-
cern to such wretched subject-malter ; while, at e
same time, they encourage• others to press similar
charges, and thus avenge private feuds by saddling a
defendant with excessive and tumwessary costs.
The excessiveness of costs is felt, and a great blow
struck at it in the Small Debts Act. But the petty
jurisdiction of justice-rooms and quarter sessions
is characterised to an untold degree by loose-
ness, tyiranny, oppression, anc illegality. As
the duties of every-day life grow more and
more complicated and pressing ; as the sphere
of the clergyman's or country gentleman's labour
becomes enlarged by a higher theory of duty in
both callings ; the impossibility of properly com-
bining magisterial with social duties is becoming
every day more apparent. To remedy such conse-
quences of this as are so glaringly exhibited in the
case we have taken for comment, must come to be
legislative work sooner or later. Loughborough will
have helped to speed the time. This is the only
Christian-like consolation we can suggest out of this
case to Messrs, DUDLEY, ACWORTH, and DANVERS.

Two elements are at work to narrow the field for
gambling in legitimate commerce—the incrr'ased ra-
pidity, regularity and cheapness of cominunicaion by
mails, and the increased publicity given to the results
of mercantile and manufacturing enterprise. So long
as our interchange of information with India, for
crimple, was confined to sailing vessels, which had
to double the " Cape of Storms," and the intelligence
conveyed in them was dribbled out in fragmentary
details to individual speculators, the state of the
markets remained unknown for long periods, and, at
last, was more matter of conjecture and guess-work
than real knowledge. Then was the time in which
men made and lost fortunes by bold operations on
confidential and exclusive communications as on the
cast of a die. Now that the bi-monthly Indian
mails arrive and depart with more punctuality
than the mails between London and Liverpool did
within the memory of men still living, and that
the eager controversies of financiers and economists
are incessantly eliciting parliamentary returns, illus-
trative of the state of trade, everybody is pretty much
on a par in regard to knowledge. Commerce has
been converted from a game of partial hazard to one
of pure skill and persevering attention.
ROWLAND HILL, WAGIIORN, and others, have done
much to promote the speed, regularity, and cheapness
of intercommanication ; and the public servants,
whose function it is to provide sound and accurate
information for the carriers established under their
auspices, seem resolved not to lag behind them. The
valuable statistics embodied in returns to parliament-
ary orders and in evidence before parliamentary com-
mittees by the late Mr. DEACON HEIM ; and Mr.
PORTER, and the still more important collec-
tions of the tariffs, commercial laws and trading
statistics of all nations by Mr. MAC6REGOR can
scarcely be estimated too highly. And far the actual
truder yet more serviceable are the monthly " Accounts
relating to Trade and Navigation,' now issued from
the statistical department of the Board of Trade.
These accounts for the nine. months ended 10th
of October, 1846, have been published. 'They
are alike important to the merchant who re-
quires to know the actual relations of supply
and demand in respect of our great staples- of export
and import, and the legislator who seeks to note the
progress of the bold and. Fenerous experiments in
commercial le ion now in progress.
On the whole, these annals of British commerce ibr
the current year are satisfactory. We yesterday
directed attention to the immense distance to which
our country has shot ahead of all contemporary
nations in the amount of that surplus produce
of its industry for which it has to seek foreign
markets. The actual condition of a nation is,. how-
ever, but partially and unsatisfactorily indicated by
its foreign commerce. The true index of pro=„ity
is the amount of the products of a nation's in
that it con afford to consume.. Is io poesibio
not very probable) that the masses of a largely-
exporting nation may be subjected to pressure and
discomfort—may be the poor silk-worms which toil
for the enjoyment of others. Now the amount of home
consumption is, of all others bearing upon national
industry, the point respecting which it is most diffi-
cult to obtain authentic and satisfactory information.
The Customs establishment enables us to ascertain
with sufficient accuracy for all practical purposes the
extent and value of our foreign trade; but no corre-
sponding register is kept of the amount of our home
trade ; and it would be an insufferable nuisance if
there were.
The system of warehousing in bond supplies us
with some indications of the extent to which innocent
indulgences are brought within the reach of the
masses. Cocoa, coffee, tea, sugar, currants, and
raisins, are articles of which a large and increasing
consumption denotes generally diffused prosperity.
They are known to be consumed by all classes, and
the quantity that any one individual can consume is
necessarily limited. When the quantities of these
articles "entered for home consumption" are consider-
able, and when the consumption of each successive
year is greater than that of its predecessor, it is no
rash inference to assume that the circle of the " com-
fortable classes" is comparatively wide, and that it
is expanding. The quantities of these articles en-
tered for home consumption during the first nine
months of the years 1844, 1845, and 1846 respec-
tively, as shown by returns above referred to, are as
follows :

1844. 1845. 1846.
lbs. lbs. lbs.
2,1166,572 1,960,671 2,130,298
03,827,569 20,807,124 27,3116,336
31,661,018 33,972,615 ,962,760
Orb.. Oft!, Card.
Sugar 3,204,892 3,885,923 4,021,471
Currants 170,048 184,129 226,917
}Ludas
In the accounts for the eight months ended sth
cieptember (published last month), there is an enu-
meration of the several articles charged with duties
of excise for that period. Its indications correspond
with those which we find in the Customs returns.
The quantities of malt retained for home consumption,
on which duty was paid, were : 22,878,085 bushels in
1844 ; 23,544,765, in 1845 ; 25,948,466, in 1846. The
number of bricks retained for home consumption, on
which duty was paid, were : 787,426,759, in 1844 ;
911,903,319, in 1845 ; 1,073,282,629, in 1846. From
these figures we are warranted to infer that,
during the last three years, the numbers of individuals
able to indulge in comfortable healthy nourishment,
and commodious lodging, has been on the increase.
It is deserving of remark, that during the same pe-
riod, the exports of our staple manufactures have been,
on the whole, stationary. In fact, there has been a
slight falling off. The decrease is sufficiently ac-
counted for by the state of the supply of vegetable food
in all countries during the last two years, and the
consequent disturbance of commercial operations. It
is one of those incessant oscillations from year to year.
It is of no signification, in so far as our foreign trade is
concerned; but it is of importance, in so far as it
exists simultaneously with the increased demand for
articles of general consumption. It shows that the
increased power of consuming has been derived from
the briskness of the home trade ; that to an increased
demand at home for the produce of home industry
has been owing the general ability to expend more
money on imported commodities.
There are other important indications in these re-
turns, to which we will direct attention in a future
article. But the cheering light which they throw
upon our social condition naturally arrested our at-
tention in the first place.

The arrival of the London papers of Monday was
waited for with much anxiety in Paris on Wednes-
day, as they were expectcd to bring the first intel-
ligence of the effect produced by the Austro-Russian
spoliation on the English public.
The more solicitude was felt on this occasion as
the contents of the French press of last week would
have undeceived those in England who charged the
Cabinet of the Tuileries with a secret complicity with
the Northern courts. The papers arrived by express
in time on Tuesday night to enable the leading
journals of Paris, on Wednesday, to comment
on their contents, and make them known
to the French public generally. The result
has produced in Paris a lively sense of