The Express.
London, England, 1848-10-16 00:00:00

THE EXPRESS, MONDAY RYBNING, OCTOBER, 16, 1848.

IT will be seen by our Paris correspondence that
General CAVAIONAC has taken the important step of
associating with him in the government two states-
men, Memn. DUNMIRE and VIVIEN, who belonged to
the Left Centre of the old monarchic chamber, and
had been mini& rs of LOUIS PHILIPPL.—M. Du MAE,
Minister of Public Works under Marshal 8011 LT; M.
VIVIEN, Minister of Justice under M. THIESS.
Ibis is the ant time that the republic, or its chief,
has so far overcome republican scruples on one side,
or anti-republican prejudices on the other, as to
open the cabinet and the administration to the capable
statesmen of the monarchy. M. DUTAURE is a man
of high character for integrity and talent—sombre
somewhat, and unpopular on that account—impracti-
cable too, perhaps, in many of his ideas, but he is,
perhaps, the statesman the best fitted to give
strength and character to the republican government.

He is a man of too high hews, . istasorae,
to accept office nailer one form of genernment is.
order to befit"' or band it ever to abeam If the
democrats are Sirius at M. Downes eppeintasiatt
it would indicate that they preferred personal asses-
dancy and influence to the great gain of aoqtdeing
powerful support to the republic.
The ministry of the Homo Department was that I
which went mast astray under the provisional
government. The appointments of M. I=lo-1
Roman were miserable, those of his suesemer
little better. M. DUNMIRE, se head of the de=
will cause his prefects, his ord and his
Lion to be respeeted ;the and central preeminent
will resume en influence over the provinces that iv
had well nigh lost.
M: Vivian's consenting to resume the poet of
Minister of Justice, which he held in 1840, is another
great acquisition. The department is of equal import-
ance with that of the Interior, in its action over the
provinces, and equally requires en experienced and re-
spected chief. M. Vivien, of as high a character as
his friend M. DUFAORN, is for more popular; and
there are few personages in France more beloved, as
well u esteemed, than M. Vivian.
We cannot add that Messrs. DI/FAURE and Vivian
are much attached to the English alliance. But present
circumstances must have modified much of that
rancour against us and our maritime superiority
which M. IieVAINRE at least entertained. M. Du-
FAURE is the statesman of the old left centre and of
the present moderate party the most disinclined to
fallow M. Tfiteas'a lead. And it is evident that the
accession of two leading moderates of the old dynastic
party to Oen. CAVAIONAC'S republican cabinet is not
exactly what M. Thiene would have desired or room-
mended. However, the moderates, their club, and their
large united party in the chamber approve of the asw
combination, which may have the most importantresedts
on the future fate of the republic, and even apes the
election of the president. We should not be see-
prised if it even led to an adjournment of that
election.
One of the indispensable requisites, indeed, foe a
fair election was, that there should be a firm, high-
minded, and respected home minister, whose fuse.
tionaries in the provinces would preside fitly over so
important an exertion of the national choice.
Such an election is a very serious trial, not only for
candidates and parties, but for the republic itself.
And it was desirable that it should present itself to
the suffrages of the people with a successful adminis-
tration, under capable and respected chiefs—as a re-
public in which the middle and enlightened classes had
their due rank, influence, and representatives, instead
of appearing as a clamorous crowd with a red ban-
ner, menacing the possessors of property, and with a
military force, acting more as the police and the gaoler
than as the guard and ornament of the republican

WE have no wish to urge the Durham clergy, who
are committing ecclesiastical waste with the mineral
property of the church entrusted to their unsafe keep-
tug. into any unnecessary haste in coming to a de-
vision on the important question—what course they
mean to pursue now that their legal misappropriation
are as well known to the laity as to themselves ? But
we must press on their attention the necessity of
coming to some decision within a reasonable time,
otherwise the Court of Chancery may be resorted to
for the purpose of restraining their mal-practises ;
and any injunction from that court would, on general
economical grounds, be inimical to the public in-
terests, because of its tendency to restrict the quan-
tity of coal to be brought to market.
The delinquent clergy must recollect that the ut-
most the case of " Jefferson v. the Bishop of Dur-
ham" decided was, that the Court of Common Pleas
would not interfere to restrain the commission of
ecclesiastical waste on the application of a stranger,
or of a person not directly interested in the alienation
of the prop. rty misappropriated. Bat, in giving this
decision, Chid Justice Erne warned the church that
" this heavy ecclesi +stical offence, *third all agree to
be a cause of depriratio,n," was cognisable by others of
the temporal courts. And we are informed that little
doubt is entertained amongst legal practitioners that
the Coati of Chancery might be successfully resorted
to, even by a stranger. to remedy so public and crying
a wrong. This appeal may, we assure the Dothan
clergy, be made, if their conduct render it necessary.
So, on the low ground of self-interest, the sooner they
come to some decision the less likely are they to be
involved in expensive litigation. There are yet spe-
culative attorneys in the profession of the law.
Bet there is another business reason for an eaely
settlement of this ques.ion. The Durham clergy,
who have thus committed waste, do not, of course,
work the minerals misappropriated themselves. They
have leased the coal to some of those large coal
owners or companies, whose great works illuminate
the coal districts at night; and the lessees have laid
out an enormous amount of capital in turning their
leases to practical account. Now, it is almost none-
' oeseary to remark that if the Durham clergy had no
legal authority to open mines from which publicly to
vend coals, they can have no right to authorise others
to do what, done by themselves, would have been
The consequence is inevitable that all lessee
ilislyst clergy of coal beds newly opened are invalid,
and that for the property so laid out by their lessees
there is no valid security. We restrict the remark to
hams of newly-opened mines : for though morality
will mike no difference the law may between newly-
gourd mime and mines which the present incumbents
fed evened ; and it is just possible that legal imp-'!
=easy also raise an exception in favour of mines
by what is called out-stroke, that is, without
breaking the 'lmam of church lands, but by a bore
teem an adjacent mine. Still, making every snow-
man kr these exceptions, there must be, if the law in
the awe d" Haight e. Merely" were to prevail, a great
amber of coal leases in the county of Durham which
marts of law would hold to be invalid instruments ;
and ea their invalidity arises from the unjusti-
fiable practices of the clergy, so the clergy are
Mod to do everything within their power to
prated their lessees from their wrong doing. That
can only be given by legislation on the sob
Oststrit
is not for a moment to be supposed that
pae>itlnetat will sanction the alienation d the ebonies
capital which they have Una pasliddsza.o. Ms
gesand also, then, we claim as early
The law which positively forts & the opening ef
Woos on church property is so opposed to public vo-
lley that it cannot of coarse be allowed toontiass. It
practically amounts to a denial of those admires@
with which the Almighty has blessed our coultry.
Its abrogation is therefore indispensable; but the
Isms on which the repeal is to be made are the MS-
salty of the question. What justice and regard for
Mare ages require is that the produce of church mines
shell be treated m Mardi capital, shall be
invested, and that the income only shall be
resolved by the incumbent. Some of oar friends we
know contend that every see should pay for its own
*arch and disregard the wants of future times. But
1 oases the Durban slava in their distress seek for
=tikon" redisele," we do not suppose they will
ub and et in ens! society. And this pro-
vision fa Mere time to the mining districts really
invokes a ageism and issioneholy feature in the ease.
Par the day In ease when the coal in particu-
lar districts will be exhausted, leaving the surface
revered with a crowded population of stunted forms,
of gauge habits, and of unchristian lives--a popula-
tion asesoMmed to sabstential creature comforts, yet
meat he any ether sort of occupation—distinct in their
modes of life as in their appearance
__ from the sur-
mending agricultural clue. This clir; May as yet be
distant—but it is approaching. Let us be warned,
and make some provision for it while we can.
Evidence of the falsity of the excuse that the Du-
ham clergy were ignorant of the state of the law
pours in upon us. We will give two instances of
their knowledge. When the late Mr. Russeu was
making the " Russell Wallsend " so famous that it
has since represented not coal derived from mines is
that parish, but coal of certain superior descriptions,
he (towards the close of the last century) broke into
the coal underneath the glebe of its incumbent. Os-
tensibly, he hat no rgreement with the clergyman,'
but he remunerated him for the trespass by placing a
sum of 1,2001. to his credit at a banker's. A know-
ledge of the fact came to the Dean and Chapter of
Durham, who were patrons of the lining ;
and they applied to the incumbent to have
the money invested for the benefit of the
living. Their application was refused. Where-
upon the Dean and Chapter consulted the late
Earl of ELDON. then Mr. SOOTT, of the Chancery bar,
as to proceedings in equity against the incumbent.
And we are assured that, though Mr. SCOTT'S
opinion was that the money so paid could be re-
covered from the incumbent for the church, yet he

alsangly sesseemeaded the Dean and Chapter not to
eseadoode IWldeedlatp, on the ground that they them-
mhos had adamadebd kindred illegalities ; so there
liteme/i/der
eh the erktietnies, a ease was submitted to the
ensue Via-Maas:Moe of England when at the
bar, with a must to advise on the legality of a lease
of unopened °al muss; and the opinion of that dis-
tinguished lawyer was against the legality, to which
he added en mtimation that in cue of any such waste
the Court of Chancery might be successfully re-
sorted to.
When we can thus trace, from generation to genera-
tion, a knowledge of the law on the subject, we must
be forgiven if we continue to refree our belief to the
allegation of ignorance on the part of the existing
race of Durham clergy.
Now that our attention is turned to the Durham
clergy, we take the opportunity of pointing out to tne
ecclesiastical commissioners, if they are awake,
another case in this diocese which requires their at-
tention. We find in the Durham Advertiser of last
week the following statement :
The mug of Banderlead la again vacant, the Rev. J.
Rodeos. W.A., of Hezham, having on farther reflection of
the heavy responsibilities of this 'centime benefice, dedinei
to undertake its charge.
The town and borough of what is commonly known
as Sunderland is composed of the rectory of Sunder-
land and the perpetual curacy of St. John, containing
20,000 inhabitants, with an ecclesiastical income foe
the incumbent of 3861. • year; of the perpetual
curacy of Monkwearmonth, with a population of
13,000, and an ecclesiastical income for its incumbent
of 2261. a year; and of the rectory of Bishop Wear-
month, with a population of 28,000, with an ecclesi-
astical income for its " prize " incumbent of 3,0001. a
year, who his, besides, the patronage of three perpe-
tual curaeies in his gift, who, we need hardly say, is
of aristocratic family, being no less a person than the
brother of the Date of Weuirscros, and who, it is
almost as cumecessary to add, being an aristocrat,
could not be contest with • paltry 3,0001. a year out
of mother church, but has also a well gilt and very
somnolent stall it. Durham Cathedral, and, when he
comes south, is provided, as chaplain of the Chapel
Royal, Hampton-court, with very pleasant apart-
ments in that agreeable and social palace, with an in-
come large enough, in the Bishop of LLANDAVeI
opinion, to keep a brace of Welsh curates.
The town of Sunderland thus composed has then a
population of some 60,000 people, and the Church
of England in it is endowed with about 3,6001. a
year. But so perversely, so injuriously, so unchris-
tianly, is that sum distributed, that the incumbent of
one of its parishes is entitled to upwards of two-thirds
of the amount, leaving little more than 6001. a year
to be divided between the incumbents of ita other two
parishes. Mark the consequences. The rectory of Sun-
derland becomes vacant, and the patron, the Bishop of
DURHAM, offerathe living to,we will assume in ignoranee
of Mr. Memos, the most efficient clergyman at his dis-
posal ; and this gentleman declines to serve a rectory
containing 17,000 people, with an income of only
3861.• year, on the conscientious ground of its " heavy
responsibilities." Can any one blame Mr. Henson?
Certainly not. For it is of course impossible to ade-
quately serve such a cure, requiring curates, for such
• sum, and in refusing to undertake the duties be
would have the means to fulfil, Mr. Iltaisos acted
like an honest man.
But now comes the question : What have the Be.
clesiastical Commissioners, what has the Bishop of
DURHAM done to remedy this grove, and scandalous,
and most hurtful inequality ? What the case repiree
is soobvions as to need no reflection. It is a re-parti-
don, quoed were, of the parishes composing the town of
Sunderland such as has taken place in Leeds. There in-
deed Dr. hoof:, the vicar, did not let his pecuniary
interests stand in the way of such a division ; he was
content to lose income that the parish might be effec-
tually served. It is, perhaps, too much to expect that
a noble clergyman should follow his plebeian example.
But it is surely not too much to hope that after Dr.
WELLESLEY ceases to be the rector of Bishop Wear-
month there may be a complete re-division of the
town of Sunderland for spiritual purposes, and that
the incumbents of the various livings to be so created
may have something like equal incomes out of a com-
mon fund, to be constituted out of the wealth of one
and the poverty of the other two parishes.

FRANCE.
PARIS, SATURDAY, 8.30 P
Gen. Cavaignao having snow. ded in forming e
cabinet by the tubetitution of MM. Dufaure, Vivien,
and Fradon, for MM. Sewed, Vaulabelle, and Itecurt,
a meeting was in consequence held by the club of the
moderates, at which the moderate party concurred in
this arrangement; and in order to give proof of their
!pint of oonciliation they resolved to abandon their
Intention, previously expressed, of opposing the re-
election of M. Marred to the presidency of the

Chamber.
It was farther decided that unless the clearest proofs
were given of the safety and tranquillity of the capital
the state of siege ought to be maintained. If, there-
fore, it should appear that Gen. Cavaignac were at all
doubtful as to the safety of its discontinuance, still
more if he leaned to the opinion that it ought to be
maintained, the meeting resolved unanimously to sus-
tain it; and on the other hand, even if General
Cavaignao should recommend its discontinuance, the
meeting resolved that the grounds of such recom-
mendation should be investigated before adopting it.
In short, the opinion of the meeting decidedly leaned
to the maintenance of the state of siege for the pre-
' sent, and probably even till a fixed and permanent
government be formed.
When the news of the appointment of Messrs.
Vivien and Dame was circulated, an explosion of
rage burst been every quarter of the democratic
party in the chamber. The republicans of the neilk,
the red republic, and the communists, rivalled each
other in their denunciations. Menaces were openly
made, and more than one of the retiring functionaries
made no scruple to declare that the cause for which
the people fought in February was compromised.
Gen. Cavaignac was the object of unmeasured vitupe-
ration on the part of the democrats, as having been
raised by the republicans on account of his name on
the shoulders of them whose cause he now betrayed,
and whom he expelled from power.
Gen. amigos° is not insensible to this. His re-
solution was shaken by it, and it was even said that
before midnight he had retracted and countermanded
the insertion of the appointment of the new ministers
in the Moniker of this morning. The Bien Public,
the journal and. de Lamartine, in a P.S. dated a
little before midnight, affirmed that the chef of the
executive hesitated in the face of the manifestation of
opinions which the announcement of his intended
measures produced. The other journals, however, of
this morning announced the appointments as settled,
and that they would appear in the Monikur The
Ifoniteur, however, appeared without the decree, arid
the inference, of course, was that General Ca 's
resolution had given way. In the course of this
afternoon, however, a supplement to the Monleter
was issued containing the appointments.
On the announcement of the admission of the
moderate party to offioe, and the expulsion of the 1
democratic elements of the cabinet, several function-
aries are reported to have sent in their resignations,
the most important of whom is M. Dame, 'Minister
of Police. The journals to-day add that M. Tri-uvet-
Chaueel, Prefect of the Seine, has also given in his
resignation ; but this is not correct.
The ministry as it now stands is as follows :
Marie, Justice; Bastide, Foreign Affairs ; De Lamo-
riciere, War; Verninac, Marine and Colonies; Da-
rwin', Interior; Tourret, Agriculture and Commerce;
Freston, Public Instruction ; Goudchaux, Finances :
Vivien, Public Works. Of these MM. Dufaure. 1
Vivien, Tourist, Freston, and De Lamoriciere, belong
decidedly to the moderate party. MM. Marie, Bastide,
and Gondchaux, are counted as republicans of the
veilk, although M. Marie was not one of those who
would have advised the transition to a republic in
February. lie would have supported a regency
under the Duchess of Orleans. The character and
spirit of the new cabinet may be judged from this,
and the unbounded rage of the republicans of the
veille and the democrats, may be easily conceived.
After the bureaux assembled to-day, each bureau
appointed a member for the committee to receive the
communications from the government on the subject
of the state of siege. This committee soon afterwards
had a conference with Gen. Cavaignac, the result of
which has not been yet made officially known, bat it
had sufficiently transpired to be circulated at the
Bourse, where it produced much uneasiness, not be-
cause of the maintenance of the state of siege, but be-
came of the +Maiden of Paris which produced so
unanimous a decision. Gen. Cavaignac is said to have