The Express.
London, England, 1847-07-19 00:00:00

Than a writer, who lately occupied as a farmer 500 protective duties of the Zollverein tariff into
acres of land, says " I have been driven from purely revenue dirties. Mecklenburg hag no tang.
myfarm by the game, and my landlord would not make the Hansa towns only levy transit duties of ;
me a farthing compensation, but said I might leave half or two-thirds per cent. on sea-borne geode
if I complained. The injury I suffered can be known and the import duties of Hanover and Oldenbur;
only to persons who saw the acres of wheat, barley, are much lower than those of Prussia or the Zoll:
oats, turnips, clover, &e., eaten down as they were." verein. The estates of Mecklenburg have recently
And after stating that he has a county vote, which he declared that they will submit to the imposition of no
means to exercise against a game preserver, our *or- customs duties, except such as have low rates and are
respondent adds, " Why, in the parish I have just levied solely fer the purposes of revenue; the Haasti
left, tho game destroyed food enough yearly to have towns have repeatedly manifested their aversion te g
supported the whole population of the parish." And protective system, by which they have much to lose
we can readily believe that this is no exaggeration. and nothing to gain ; and Hanover seeks to establish a
Another correspondent has sent us a printed report of rival Zollverein within the limits of the Germanic
a litigation in respect of " game damage ," in the Confederation, on the principle of low duties
Sheriff' Court of Fife, between " John Wilson, te- and for revenue alone. On these grounds the
nant of Blacketyside, Sunnybraes, and Lundin parks, Prussian journalist bases his appeal to
and Captain James ERSKINE WEMYSS, M.P. for the states comprising the Zollverein, as they
Fifeshire." This case is so illustrative of the game wish to see German enterprise, German industry,
system and its progress, that we shall give a succinct and German capital permitted to develop tie;
statement of the proceedings reported. natural resources of Germany to their full extern,
In 1831, Sir joins D. EIV•KINE let the farm of to combine for their emancipation from the gat
Sunnybraes and Lundin Parks to Mr. WiLson's surviving shackles of internal lines of custom-hooves
father, for 19 years, who had, at the same time, a on the only possible ground—the abolition of au
lease of the adjoining farm of Illacketyside, belong- duties on foreign commerce except such yam
lug to the trustees of Sir Woe. ERSKINE, of whom required for the raising of a public revenue.
Captain WEMYSS is one. In 1837, the lease of
Blacketyside was renewed. There was no condition
in either lease as to the protection or preservation ofi
game on the one hand, or any stipulation for damages
on the other. In fact, the evil had not then become
so plain, as will appear by the following account,
contained in the proceedings of the transition to a
game farm :
During the time of Sir John D. Erskine there was no
gamekeeper on the estate, and the game wu not preserved ;
while some of the tenants kept sporting dog", and shot over
the property. The game was in consequence very scarce,
and no perceptible injury was done to the crepe. At Sir
John's death, which took place in 1836, he was succeeded in
the Lundin estate by Captain Wemyss, who immediately
appointed a gamekeeper, and a system of rearing and pro-
tecting the game was commenced. He withdrew the per-
minions to shoot enjoyed by the tenants, and requested the
sporting dogs to be put away; poaching of every sort was
strictly prohibited ; there was no sporting except for a day
or two in course of the season by Captain Wemyss and has
friends ; every sort of vermin was trapped and destroyed
dog spears were stuck in trees in the woods for the purpo.e of
, killing dogs or foxes; pheasants' eggs were hatched under
domestic fowls, and the produce turned out up in the fields;
has, partridges, and pheasants, were fed in winter with
torn and potatoes; brushwood and lopping' of hedges were
laid in the woods for sheltering the pheasants; the game-
keeper for the first three years had a game license without
exercising it except to kill • hare or a few partridges now
and then, and for the last three years he held no license at
all ; while his whole time was devoted to the protecting of
the game and destroying vermin—the result ofall which was,
that the pheasants and hares on the property multiplied ten
yr fifteen fold, so that the injury done by them to the produce
of the farms became intolerable.
In 1844 Mr. WasoN, who had succeeded his father
as tenant, applied to Capt. West vss's factor to have
the game damage valued with a view to compen-
sation. That was refused ; when the tenant " raised
an action " in the Sheriff's Court, and valuers, after
much opposition on the part of Captain WEMYSS,
were appointed on the 16th of September, by which
time a considerable part of the crops had been cut
down. They, however, reported game damage then
Icapable of being estimated to the extent of 441. 185.6 d.
This did not include injury to the hay and other crops
already cut, or to the turnip crops,which happened in
the winter. Long pleadings, many proofs, and much
argument was offered on both sides; the contention
on the part of the tenant being, that if the landlord
during the currency of the lease increase the burden
of game on the farm, he must make good the damages
to the tenant. The respondent, Captain WEMYSS, on
the other hand, contended " that the object both of
the statutory and common law of Scotland was to
encourage the preservation and protection of game,Ar
the benefit of the enjoyment (f the proprietors of the
soil." rfhis defence had at all events the merit of
candour ; it was an unblushing claim to rob the
tenant of his capital.
In February, 1846, at Cupar, the sheriff-substitute
decided that the tenant had sustained damages to his
crops from the depredations of game, and that Captain
WEstvss was liable for these damages, in consequence
of having protected and increased the game since the
date of the leases; that the damages were 521. 10a,
and that Captain WEMYSS was liable for the expenses.
From that decision Captain WEMYSS appealed to
the sheriff, who, in March, 1846, confirmed the
decision. In so doing, the sheriff found, that when
the lands were let to the tenant the game had not
been "artificially increased or preserved," and
was so limited in quantity as not to be the
source of injury to the crops; that the game, and in
particular the hares and pheasants, had since increased
so as to cause serious injury to the crops ; and the
increase had been caused by Captain Weraves having
" adopted artificial means for the preservation and
increase of game." The judgment then proceeds upon
the ground that the leases contained no stipulations as
to game, and that the parties must be held to have
contracted on the faith that matters were to continue
on the same footing as at the date of their contracts,
and that the landlord was bound to indemnify the
tenant for the loss sustained by game; and the par-
ticulars of injury specified in the sheriff's note are
instructive—That
The damage done to eight acres of hay on the farm of
Muirton, amounting the said lastimentioned damages to
10/. 135.: Finds that the damages done to the crops on the
lands of Blacketyside and others, belonging to the re.
spondents, the trustees of the late Sir William Erskine,
amount to 201. ss. sterling; and that the damages done to
the crops on the remainiag lands belonging to Captain
Wemysa, as an individual, amount to 351. 6i.; and ordains
the said respondents respectively to pay the said sums re-
spectively to the petitioner: Finds the respondent' liable in
expenses
And the following note, appended to the repeat,
shows how wholly inadequate to the actual loss am-
tained is the compensation obtained by the tenant
after so mach of dispute and litigation.
The 651. lls. of damages awarded are, for the reasons
stated in the sheriff's interlocutor, little more than nominal
in comparison with the lom actually sustained. The damages
for the subsequent year's crop, 1845, were valued at different
time, from the sowing to the reaping, by compeent persons,
and are estimated above 3001, for which a separate Mime
is in dependence. A plan of the Lundin and Atherney is.
fates, belonging to the respondents, was produced in the
process, by which it appeared that the various farms ex-
tended to 2,243 imperial acres, of which the respondent pos-
sessed about 420, besides Sunnybraes Links, for all which his
rent averaged about 1,1001. The wood on the estate heisted
at 107 acres, whereof about 80 adjoin or are intermixed with
the petitioner's possessions.
Nor did the litigation end here, for, it appears, that
Captain WEMYSS appealed to the Court of Session,
where, as our correspondent informs as, he has at this
moment two suits about game depending between
himself and his tenants. Such vexatious proceedings
are not unfrequent in Scotland, which fully accounts
for the feeling of the electors upon the subject of
game. Nor, after reading the above case, can any
one be surprised at the announcement made in the
local papers, that " a liberal and anti-game-law candi-
date" will contest Capt. WEMYSS'' seat for the county,

The Paris journals of Friday and Saturday are
almost destitute of news of general interest. The
Chamber of Deputies, wearied with the continued
session, and oppressed by the weather, are hurry's/
their labours to a conclusion, and passing bills wboq.
sale without either discussion or opposition.

M. Pellapra would, it was said, surrender himself&
prisoner on Friday.
At the time our correspondent closed his despatch.%
the decision of the Court of Peers had not been as.
nounced. It was, however, affirmed that Geheral Ca-
bleres had been condemned to civil degradation by a
majority of 136 to 42 : that a more indulgent ,ea.
tense had been advocated with great eloguesce by
MM. Cousin and Villemain, and the Count de Mom.
alembert, but opposed with great energy and ',him%
success by Count Mole. According to this, the
general only escaped imprisonment by a single voice,
and that he will be fined 10,000 franca.

M. Teste is said to be condemned to three Taps'
imprisonment, civil degradation, and 04,000 (non
fine to the state, and an equal sum to go to charitable
institutions. Parmenticr it is said will be senteactd
to five years' imprisonment and a heavy fine.
The Spanish banker, Buchenthal, a friend of SA.
mans, has passed through Paris en rort.e to Loados,
to negotiate the loan of 100 million of reels for the
Spanish government with the house of Smith and Co.
This loan will be secured upon the bonds given by
the purchasers of the national domains.

Advises received at Paris from Berne, to the 14th
inst., have brought the note of M. Guizot to M. Bois.
le•Comte which had occasioned so much diucussioe ie
all the cantons. This diplomatic document acquires
importance, so far as it supplies the means of sneer.
taming the part which the cabinet of the Tunisia,
will take in the event of a collision ensuing betwcen
the federal government of Switzerland and the local
governments of those cantons which comprise the
Sunderbead. The following is the note of M. Guist
in rule/an:— _ .

M. Le Comte,—The satiation of Switzerland is daily ts
coming more serious. The ensuing diet may perhaps k
induced to come to resolutions the consequences of wind
will grieve the allies of Switzerland, and the friends of order
and peace in that country. The government of the Kai
would consider themselves neglectful of their duty if, it
circumstances like the present, they did not offer te a
friendly people, now threatened with most dangerous ids
nal disturbance, advice, inspired by a thorough acquainting
with political movement*, and a sincere devotedness tea
real welfare of the confederation. Party spirit has &elle
utmost to give a files colour to our inteutions, and tout
doubt on our motives. You have neglected nothing to Is.
lute these errors ; but in spite of this, either from blurbs
or ill-will, they still persist iu leading astray the minded*
people as to our politics and thoughts. Thy pretend doll
we do not allow the diet the right of imposing the will alit
majority upon a minority of the cantons, we attack the pis
ciptes of the independence of a free people. To prowl*
falsehood of this assertion, it suffice. to say, that Switzeded
is note single state, hut an association of states, which, a
granting to the diet certuin powers, conk& red neceseryir
the common interest, have, however, reserved to thumbs
essential rights of sovereignty in all things we
kilning to their internal government. Such is Switiediel
as recognised by treaties; and it is on account of tis
organisation that these treaties have been concluded. Ii
the diet, lending an ear to mistaken insinuations, shales.
tack the laws which form the basis of the eLutedentlonue
of treaties—if, under pretence of attending to the rkryd
the confederation, it should pretend to command, or Mil
the cantonal governments passing any measure, which. is is
opinion, might one day endanger this ufety, math rename
interpretation of the federal pact would be but the fudge,
towards the destruction of the individual existeree doe
canton ; that is to say, towards the suppression of the leis
pact itself, and of the treaties concluded relative to it. Tit=
alliei to Switzerland, in protesting against such art
ing, are far from wishing to strike a blow at the indepeedwe
of the states which compose the confederation. On them
trary, they give proof of the respect they hear to its is,
peadence and to treaties. These considerations, which emelt
be perfectly founded in the case of the adoption of a reek
tines regular in appearance, and accepted by the majority if
the diet, would acquire additional strength were the amid
independence to be attacked in the name of a minnrity,e
by irregular and violent means. Thus the govecaue
of the King acts both according to right and to aWs
police, in endeavouring to prevent, by representstew
as friendly as they are urgent, a struggle (which might pa
fatal) between states to which they are equally desert
and by the declaration that in case such a struggle doll
break out they reserve to themselves the right of free ea,
nation and judgment. We have attacked neither the b
dependence nor the liberty of Switzerland, and give no pie
aible pretence to the reproach of an arbitrary interveria
or abuse of power. Every nation toss an incone stale
to change its internal government ; but the suppressiss
the constitutional bases of the confederation would net Is
free change of institutions emanating from the put
it would be the oppreeaion of independent states, obhgedll
bend beneath the yoke of more powerful allies; it weak
a forced union of several states into one. The pursue
who have till now negotiated with Switzerland as a Way
tion composed of divers independent states would hare, it
cording to the principles of the rights of nations, the elk*
refuse to recognise the new state of things, before they kg
appreciated, in their own interests, the I, gitimicy and cal
of the change. There is, moreover, another impneaste•
mideration which Switzerland should never lose sight ill
her transactions with foreign powers: Europe, in Prig
Switzerland, by the treaty of Vienna, besides spr
:tent of territory, the precious prerogative of num*,
has desired, in attaching the enjoyment of these sdessties
to a federal constitution, to Guarantee the tranquillaqi
country the external peace of which is of the highestiaf._,
tance to Europe. On account of its position, SinT
tstet
could not fall under the efforts of anarchy or civil WO
dale
pwriith.coiuptal .uiprodtel of the eingseri coounetireinntequlefneetswiitzoaterrti
nd errs
place herself beyond the conditions she bit IMOr
if she became for her neighbours a focus of ewe!
tionary propagandism, which might disturb their lot
lity, they would hays the eight to consider theft:
disengaged from their obligations. neve f, re;
the care of deciding what use you will make of the
qinusipiuirtyed bofy tshweisoueleadandesires:df
being exposed to dangerous trials and fatal disagree km"
hPrernpOsiintigonehiaa 77."

The Madrid mails of the 11th were realm
Paris on Friday, but those of the 120, due cc Ss!,
day, were not received. The moderado electors lo
several meetings, at which MM. Mon, Martian tide
Rosa, and the Marquis de Villuma attended, Aryl
meeting of the party, including senator, der°
and electors, was expected to take place. The Ili
upon the bank had relaxed, and confidence tad betel
to revive. It was said that the Bank of St. FeG
nand had received remittances in specie atnonstage
28 millions of reals.

THE earnestness with which the reduction of duties
by the Zollverein, and a general advance in the appl-
cation of the principles of free trade, continue to be
advocated in the columns of the official journal pub-'
lished at Berlin, is an additional guarantee for the
good faith of corresponding professions in M. Busainst's
note announcing the termination of the treaty of 1841.
The extracts from that journal which we published
on Tuesday last showed with what success it argued
that freo trade had been the rule of Prussian
commercial legislation since 1807, and that the Zoll-
verein was based upon Prussian principles of trade
and finance. In a subsequent article the writer has ad-
vanced additional arguments to show the necessity for
immediate and more decided advance in the direction

ROME,
I went out last Sunday to witness an est:wells!!
scene—four thousand of the Roman rabble had 01.
out on the invitation of " Cicero-who/4:W to st aod
in the *pen campagna at a monster pio-ciedg
sausages and cheese. The site chosen was IT
di Quinen, which you arc, no doubt, aware slow
tained to have been the identical field of old Far%
Cincinnatus, who was then and there taken hct,.
tail of his plough to be dictator in town. NM
of this gathering (at which the government 1117,
was to afford the Man of the people an PCI
of haranguing his fellow-plebeians in (OIL
the Jews in the Ghetto. Pius wants to /slip
out, but a very strong prejudice against "00
act lingers among the mob. Hence the Popt_,
to the Instrumentality of the popular
tad.,oracle Mai
speech pro populo Judreo to the tag-rag os;k
'tome was an oratorical curiosity which
...ad
himself could not outshine. The result was a
cheer for the children of Israel. But the 075
absurdity was the uprising among the crossi.W.,
deputy American consul, a Mr. Club, who !Ili,
boarding-house in the Corso, and who vehicErg
long harangue to show how trade would not7o,
letting the Jews loose on the city, focstA
free and enlightened America no damage vrelai
from the non-existence of a Ghetto in New._.%
concluded by a toast to the stars and AM!" so
he called them, Le stelk e k Tighe di ditieriA

of free trade. Having established, on a former occasion,
that the Prussian tariff, originally adopted by the
Zollverein, was regarded by the statesmen of Prussia
as a mere interim tariff to soften the transition from a
prohibitive and restrictive to a free system of com-
mercial policy, he has now proved that Saxony,
Bavaria, and Wurtemberg acquiesced in the adoption
of that tariff, on the express understanding that it
was merely an interim tariff. They declared, for
example, that the duty upon foreign twists was'
higher than their weavers could bear, but yielded
to the temporary protection it afforded to Prussian
spinners, on the faith that the provision of the Prussian
law of 1818 for the gradual reduction of ditties,
would be carried into effect From the compacts of
the pest, the writer in the Aligemeine Prettesisehe
Zeitunq passes to the necessities of the future. He
reminds those states which have experienced the
benefit of throwing down so many of the internal
cordons of custom-houses which used to intersect

Germany, of the possibility of having the whole of
these nuisances abolished—the internal traffic of the
German nation liberated from their reutraints. And
ho shows that this nationalising of German commerce
can only be effected by converting the yet remaining