The Express.
London, England, 1849-03-13 00:00:00

he eirpreo.

OU ['GOING MAILS,

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LONDON,TUESDAY,MARCHI3.

Tee repeal of the navigation laws seems not des-
tined tote carried without a struggle, and perhaps
without further disappointment. The majority last
night was but Sky-siz' and was received with load
cheers by the protectionists. Their shouts plainly said :
With merely such a majority as that fur repeal, the
House of Lo;ds will reject it.
The danger, however, comes not merely from the
lords or from the protectionists, but from the supporters
of the repeal, who have shown themselves divided,
vacillating, and lukewarm. It was declared not to be
a cabinet question ; and when ministers did not insist
on their own frit nds rallying, how could they reckon
upon others. Accordingly, a whig member has given
aotice of moving an amendment for reciprocity. And
Mr. Clunwrozz made • long speech to show that
ministers should keep the prohibitive power of the
navigation laws in their hands, in order to negociats
let sad stipulate for reciprocity of relaxation, mini-
ally with the Americans. Mr. Lanoucazaz replied,
that this meant eoespeUieg reciprocity by retaliation,
which rush :d on he showed to be impossible and
unequal with regard to America. But, notwithstusd-
ing the ezoeUent reply of the Seareter7 of the Board of
Trade, the hones was shaken ; the majority, and each
wavering free traders as Mr. Meier& were enooareged
le come forward with diatribes against all Avalon of
onumrree.
-- -

Thialc;vea the parliamentary prospects of ministers'
commercial policy highly =satisfactory.

THII Asattian cabinet has at length come forward
with the measure long contemplated, the substitution
of a chatter, drawn up by the wisdom and granted by
the absolute will of the emperor, for the labours of
the Coastitornt Assembly, summoned in consequence
of the March rescind" mutilated and cruahob
the military meoequest of Visans, but still allowed
to linger on for a time at Bresasier, to ammo the
liberals and keep Frankfort in good humor.
Count STADIoN is the author of the new mastitis.
tioa. He is a statesman known to be possessed by
toe strong idea, which it is his determination to cony
cot ; and this idea is to be for Austria what RlCHE-
uzu' was for France, the Sunder of an united empire.
Ittclizuso's task, bower's gigantic, and with a giant
naiad to perform it, was net to be tompared
either for the dillieulty of materials or differenos of thy
hues with that of STAMM RICHZLIZIfB was an
age of great violence on the part of authority, and of
small resistance in any other clam The peasant
was bat a serf. The French terms= was froward,
aildl clamoured for religion, equality, and teleran's.
Motility crushed the tidies' with cannon, and seat
their noble leaders to the scaffold. ffrarcow, by the
arm of WIHDISCHOZATZ, may do the same. Bat he
cannot for all that canunwecate any brotherhood of
feelirg, even in servility, to the (Nowak on the
Carthisns and the Lombard in his rioe.fisid.
nt STADION however, beads to cireumatanors.
Re will have a federal useseroby r be will leave each
state its provincial constitution: he am not yet
tall us what that constitution is to be. And he will
have a federal assembly for all the previous at
Vienna, in two chamber', not unlike the constitution
America.

WiexOfess at ones that there is.boldneas as well as
laterality in this attempt of Count STADION. And
accompanied as it is with promises of all those sacred
rights; that constitutional countries have struggled
for, the right of religious freedom, of permed
liberty, that of the pees, of meniation,
of teaching, the announcement of the Austrian
Moister is entitled to much respect. Decidedly
Is we have written against the stupid court
and the military barbarism of Austria, the
effort of ,Count STADION creates the wish that his
pvernment might reclaim and satisfy the brave
tiengazian, the sullen Lombard, and the Austria's-
Genoa, fanatic not for the empire of the Hape-
bnlanbut for the unity of Fatherland.
t STADION'S COOlditaio9, however, looks far
more fair and promising to the foreigner, who reads
and judges it in tho abstract, than to any one of them
varied and interested races to which it is addressed.
First, with respect to the Lombards. They are not
told what kind of a provisional constitution they are to
Ilavv. That is to be the subject of a separate and
"tare :dale. Then the Hangs:lane—to them it
!moat ha very palatable. It cuts up their country
into atloutments, abolishes the most essential of their
12f?rvilages and laws, sweem away the politicel
__Thumff and influence of their hereditary and landed
7mewe, and 'objects them, hitherto exempt from it, to
the heavy debt and proportionate taxation of the Aus-
trian emp;re. The effect, therefore, of this newly-
thetedonti will be to nerve the arms of
defenders of Debrcckzin, whilst it cannot but
retain their actual enemies, but real brethren, of
t,roato to take up arms against a scheme which
levels and destroys all thew privileges and immani-
Ilea We shall be very much surprised, indeed, to see
Baron JELL-WHIM acespt such a constitution.
Will Austria Proper Ina this new constitution? It
IQ of all the provinces be the most contented. Those

who are attached to Frankfort sad German 1012:41
not hire it, bet they are tot may. And
the dada= vies-grower will be aggrieved to end his
ear paths. entlitratal end driven ost et the market
by tie shim sidebar', wines of Hungary, he my
eon,* himself by the reflation that he for the fat
deigaiedus fiefs bait the ban* of taxation ups his rival
of .
The will creakily net be eased. The
elan et f sranchise is to emkede that Ipl ower artist
of ts, whisk coastitete the strear-h of the
pity. In the clams above three. In the
civia i rlation, and the %waives. the 011ernalt race
predotr. Bo that the abeliden of universal
dathishes the amber et detwooka veto,
sad that of the Osman. Ws is not a
newt that we aware. Bat it will seriously eargarsat
the disaffraia of the &heelless tower& Atari',
and we shall not be surprised to see this tau
their &Woes to Itmehkrt and its priest,
which has
franchise. expresaly nortived the idea of any limit
M the

Butt e moat daring act at srAmo,vs coestitutioa,
mat thing from the elk*, and country in which
it is pronnegated—is its War abrogation of the
issiirese. It doss not awes: that the
_provincitl
states are to have an u cbandim. The upper
chamber of the imperial parliament or diet is
elective, and requires wealth to • certain extent ; but
hereditary rigida give no claim. Ties determination of
the two gnat • sof Germany to do without
shown of Lords and Lund their upper chamber
upon election, is certainly:a very great and pregnant
fact, and ens that will infallibly draw forth the
choler and denunciation dour newspaper Smiles.
Such are the thooglrts suggested by the first pe•
runt of Count firsuion's onuititution. And we
must own that we wish it more SOCCOIII than we hope
for it. Perhaps it is the best ander the circumstances,
and an snot entitles its anther to respect. Bat the
great sins—the unity of the Austrian empire—is not
a thing, in the poesi&lity, or durability of which we
out bring ourselves to believe. There have been
noses made to perish, hie the Celt and 0211 Red
Indian. There have also been empires evidently
formed to perish or dissolve in more natural groupings
sad trap formation. Austria is one.

As Mr. Maxim Oinsos has romised to being
this day the state of the cc m.rcist nation between
England and Brazil ander the consideration of the
House of Commons, it will be noshl to state more at
ILags the oldections that are urged against Lord
ADIRDLEVII act of 1845, to which the unsatisfactory
stab of time relations ia ascribable.

The enactment of the statute is defended under the
elan Wade oonvention between Boglatd and Brasil,
easieludod in 1826. Br the lit article of that oon-
viatica it erne agreed that:

At the ezpiratiei of three yam, to bs leagued from the
of W ratieswiew of the prom* treaty, it shell not
itawlE for the WOW§ of tbe lawn* of Bnul to be ma-
mas& in the over y*/ ea of the Afsisaa slam trade. under
any pretext m la ormter wheelers, ; wad the carrying oa
of mak trade afar that period by any perms, eabject of hie
imperial Makity, shall be hued and treated ma piracy.
- -

The prnellsil operation of this article must, will
lba at once seen, depend on the question, Da the
word. "not lawful " mean "contrary to international
law," or "contrary to the notaticipal laws" of Brazil
or the two nations? On the answer obviously hangs
the interpretation of the lest sentence of the article,
which provides that the carrying on of the African
slave trade by subjects shall be deemed and
treated as ; though not referring it for any
stated pun' meat to any stated tribunal.
A narrative of the two different, and even opposite,
views of this article taken by our government, for-
merly and recently, will assist us in dealing with the
qur.ion.
It is now contended that the latter clause of the
article oonferred on the British crown the right of
tautLi.n& the subjects of Brazil when engaged or
to be engaged in the African slave trade.
-Ll7.7carry the article into practical effect, Lord
ABERDEEN'S act of 1843 empowered British Vice-
Admiralty Courts to adjudicate and condemn the ves-
sels of Brazilian subject. thus detained by the officers
of the British crown.

It is impossible not to be struck with the large and
liberal interpretation which this application gives to
the language Cl the article; and with the antagonism
of that interpretation to those well-established rules
of conatraction which, regarding all penal classes in
treaties as odious, restrict and limit their meaning
mush se language will allow, and oppose any
delegation Cl sovereign power by way of verbal
interim,. It is a view of the we which gets rid at
coos of all difficulties of marten:Aloe ; rt breaks
through all precision of language; it overleaps all the
rules of that art which Gamma helped to form, and
which Vertu. des. It squally disregards the
historical ruso easnof the convention.
Lord ABILIDNIN, however, in promulgating this in-
terpretrtion implaisaely attempted to show that the
Brazilian goveranrat had, during the years of negotia-
tion which proemial that astute, inferentially assented
on one or two ocemicas to each a raiding of the treaty.
, But herein his lardeldp signally failed. He succeeded
only in calling alb alma to the tact that the Foreign-
office had held ea opinion formerly st variance with
that which it was then thought convenient to advance.
All that he was able team was that Brazil ought to
have made the slave trade piracy by h.r law. And
the Brazilians might easily have retorted, and pro-
duoed passages from British diplomatic notes to prove
that oar ggoo t regarded the first article merely
as an obligationanto make the slave trade piracy by
Brazilian maniciEsl
_law. Thus, for instance, in
February, 1838, Lord PALMalurros himself,
for the basis of his demand that article,
that Brazil should make a law inflicting the pawky
of piracy on the infractors of the treaty. Again, on
the 12th of November, 1843, the British minister at
Rio Weaned the Foreign mightier of Brazil in these
remadable words:

let aride d tbe soottelke d MK the Predika
brit toile eseseime eta law
ak-;=iesa =tie abedi be &Waved Mid b7=
rd of me** d tbe=te iligliseted is it be deemed to
be eel be treated as a

And wen ea late am the Mat of March, 1848, Lord
PALIIIIISTON IA slip oat * Mr. Hares committee
this significant admission :
The treaty says that the bliss eimarned la the slave
Pi by assillaweeillsa shalt be denied and treMed
as Ping. riptm the emillen•
etc=sernala
have pored a ea seseminess allk
"By rights r Why,. if sub were the • rights'
ofiotelrtep=gemeat, what potence remains ler the
on width the eat et 1845 wee haneed P
Haying by thus eantruting the mutually 'antra-
dialshryrentatirpeetatione width Se Fords his at
these advsitude eitend the we; tie an
independent and dispaseimati ezeminalien of the
cape, Ist us look at the snide, :and at *a /minions of
other authoritisethan *seed Downing4trest, for our-
selves. It is, it will be obsteved,uniiMmal or one-sided :
it contains no Miuh&R on the part of the Brill*
VITOWII urreimog to that interso.a into by Brazil.
And the omission explains the of the obliga-
tion contracted by the latter. When thin convention
wee conelndid the slave trade was, by British !legis-
lation, subject to all the penalties of piracy. It is an-
reseonable to suppose that the British soureign
sought to obtain from the Emperor of Baum wee
than the British *hiatus had done ; and that was
to make British subjects liable to be punished by Bri-
tish courts of justice as Eons when convicted therein
of slue trading. Had been ought, the dignity
of a sovereign state wouhave required an nal con-
credos en the part of Ragland.- Had it beta inteadd
to convert the slave trade into the mate of inter-
Rational piracy as affected British and Brazilian gab-
Jame, the contract would have been a mutual one.
And that theiutiole only related. to Brazilians is a woof
that its tree signification. is that Bread eheuld plass
the slave trade in the. same catalogue of mimeo by
its municipal legislation uGreat Britain has done.
And main the later pretation which one of the
ablest dour lawyers and moot learned of our aathori,
ties on subjects of international law, has affixed to
the article. In reply to a haul cue submitted hr
Mr. M. D. Hriz's opinion, that gentleman,amisted by
a junior counsel, wrote as follows:
• are of spialon that the let amide of the treaty e'
1828, does not coulee on the British sovereign any rights
whatsoever over Brazilian vessels or @objects named in um
save trade, under the Brazilian Beg ; sad that the right of
search and raised emansinsion being now at an end, all the
jariedietion ever ceniernd or that severeiga by the mask-
* articles has weed. We think that secordine to the
true oonetraction of the Ist Wick, the Brazilian Emperor
did merely contract with the King of Great Britain that the
Bnzilian legislature should, withk a aortae period, mast a
municipal law asking the slave trnie 1111.1 sad nakbabie
as piracy; and that the failure, Thallair hem inability at
unwilliogarss to perform this sligaialisa, sithough it
might possibly have been a gaol awe el war }g-
ismo& the two countries -- seheribeme meld not