The Express.
London, England, 1848-12-27 00:00:00

KENT.

FITS CHILDREN EMT 70 DEATH IN A CART.-
An inqueet was held near Faversham on Saturday, when
from evidence adduced, it appeared that, in the course of
Friday, • pedlar, named J. Davey, MIS hawking in thediarish
el' of Osprioge, and in order to vend his goods at the Great
farms and other dwellinse, he, with his wile, left their van
In a by-rosd which leads from Whitehill to Spalding. It
was like those used by hawkers—a perfect travelling habita-
tion. It had a tilt to it, under which were five of their chil-
dren, the eldest about eight years of age, and the youngest
six months. Them, with the vehicle and goods, were left in
charge of a girl, seventeen years of age, and a boy who is
in his eleventh year. On reaching a place called Plum-
ford Farm, the toy, perceiving • threshing-machine at
work, asked the man who was driving the machine to
give him some straw, the weather being very inclement.
The man refueed, and the lad then proceeded to gather some
of the learn straw that was lying about. Having collected a
handful, he called the eldest girl, his sister, who was in the
van, to carry it in. She did so, but unfortunately, whilst
arranging it, a portion of the straw touched the fire, and in-
stantly the whole muse was in a lase. The girl ran out, and
screamed for help, and the boy, as if from fright, ran away,
apparently perfectly unable to render the last assistance. A
party of labourers speedily arrived, but, unfortunately, not
knowing that the poor children were inside, elated themselves
in suppressing the &mos. They drugged the vehicle into an
adheent field, and, on subduing the An they discovered the
charred remains of the five ehildren. Life in mob ease was
quite extinct—Verdict, " Accidental death" in each ease ;
but the coroner reprimanded the father for the imprudence
he had exhibited in reference to the safe keeping of his
children.

In the first place It determine that the law relating to I
prune shall he fully discussed before that relating to pro-
perty has hew enatined,--and yet the subject of property i
ought, is name, to take the prudence of that part of the ,
law of pewees. at least, which tree's of relative rights ; for it
ie in the mature of the relative rights, viz.' those which grow
oat of the social relations of parent and child, husband and
wits, weglatrates and people, sad the Mks, to presuppose the
alooduss era elite, liberty, personal security, and props rty.
With mem& as absolute right/ of the three first descriptions,
this Is arises, sad the precedence therefore is properly as-
te them In Blackstone's work; but ft is equally true
with regard to property also—for property, like the reet, an-
grenebalal=t W
are adjusted,
of the cruet.
woutanhich tlei must
e,stewhit!
=Cto refer. To this right, therefore, the next place
I! point of correct arrangement, to have been allotted; '
bas the sommentator's plan of division makes this imps-
Ada, mad oomph him, after a short notice of property, to
pee se, and to pormona its farther examination until all
relative rights (whether private or public) have been
hausted. This inversion of the natural order is not only
inartificial, but often embarrasses the discussion of rights of
the relative kind. Thus In the chapter on husband and
wife, every reader must perceive the disadvantage of the
total omission to notice the effects of marriage in regard to
the property of the parties; and yet until the subject of pro-
perty in general had been examined, any disquisition on the
proprietary rights attending that particular relation, would
have been obviously premature.
To Blackstone's arrangement of rights the objection
is that neither of hisdivistonsoompneesthegrestbranch
of the law which concerns the social, as distinguished
from the political, ecclesiastical, and judicial institu-
tions of the country, such as the laws which relate to
the poor, to highways, to public charities, and so
forth. Mr. Stephen thus describes his own plan :
The general plan, which I have thus ventured, on my own
responsibility, to lay down, will be found in the Ant chapter
of the first book. Its leading principle is—to make the dis-
tinction between persons and things the foundation not of a
primary, but of a subordinate arrangement, and to consider
persons as oon•tituting, In a primary nose, the only objects
of the law's regard. But the persons, whom the law is su
po.esl thus uniformly' to contemplate, are presented, first, in
the light of insulated individuals,—end in that capacity their
personal (in other words their bodily) rights are examined;
next in their connexion with the things around them,—
which introduces the consideration of their rights of pro-
perty ; ns xt, as members of families,—which involves their
rights in private relations; and lastly, as members of the
community,—which leads to the (Bremerton of their rights in
public relations, or bas they may be termed more compen-
diously) public rights. According to this order, the absolute
right uniformly takes the precedence of the relative, and the
law of property in general is investigated before the relation
of men, in regard to property, arise for consideration. tipin
this system, too, the division of public rights (when it shall
come to be examined in its proper place) will allow of a
subdivision conveniently adapted to the discussion of those
mixed subjects to which we have before referred, and which,
baying no exclusive connexion either with person or pro
perty. it is the tendency of Blackstone's method to exclude.
I propose to soNlivide the bead of public rights into those
which concern a man in his relations to parsons in authority,
whether eseil or ecclesiastical, and thou which concern him
in his relations to his fellow-citizens at large—the first of
which will fall under the heads of the Civil Government, and
the Church ; the second, under that of the Social Economy
of the Realm ; and it is under this latter head that such
mixed subji cis as above referred to will finds regular and
appropriate plans. Use entire arrangement of the work,
when sully developed, will consequently stand as follows :-
1. Of Personal Rights.
11. Of Right' of Property.—l. As to things real ; 2. As
to tniuga personal.
Ot Rights in Private Relations.-1. Between muter
and servant; 2. Between husband and wife; 3. Between
parent and child; 4. Between guaruian 11.1211 ward.
IV. Of Public Rights.—l. As to the civil government;
2. As to the .hutch ; 3. As to the social economy of the
realm.