The Express.
London, England, 1847-09-04 00:00:00

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LONDON, SATURDAY, SEPT. 4.

ay
GoodTiteHnoep7sarewhimchorewmie pcuubialitedsh to-dto
excite
vexathileoCan of
than
alarm. They show that Kaffirland is still as far from
being quieted, the frontier as far from being rendered
secure, as at the beginning of the present war. But
they do not by one iota diminish our confidence that
Kaffirland will ere long be brought within the
pale of civilisation; and that the southern extremity
of Africa is destined to be the seat of a great and
prosperous community deriving its language, laws,
morals and customs, arts and knowledge, from Eng-
land, and in the veins of whose citizens British blood
will preponderate.
It is clear that the right men have not yet been
sent to the Cape. Sir HENRY POTTINGER may be as
great in oriental diplomacy as men say; and the
officer in command might make a very pretty figure
in a regular European campaign ; also, Sir If.
YOUNG has approved himself a very efficient secre-
tary ; but all of them together have proved ao.6squal
to deal with the savage Kaffir in his native ravines
and thickets. As our wild friends arose the channel
might say, they are very pretty fellows, all three,
" but they'll never do for Galway.'
The truth is, that not one of them had any previous
experience to qualify him for the work of settling the
Cape frontier. They are new to the country, new to
the races new to the social relations with which they
have to deal. So ignorant are they apparently even of
the history of our previous contests with the Kaffirs,
that they have allowed precisely the same blunder
to be repeated which cost us at the outset
of the present disturbances so many of our
best and bravest men. They have sent a
weak party of soldiers into the thick of the Kaf-
firs—so near the person of the principal chief that
the movement could scarcely fail to be regarded as
directed against his person—on the police-constable
duty of reclaiming a drove of cattle. They have pro-
voked an attack, and invited defeat. They have
afforded the unruly chiefs among the Kaffirs a pretext
for resuming hostilities, and taught them to under-
value the bravery and discipline of our forces.
SANDILLA may, as one report has it, have been too
wary to give into the delusive hope of effectively re-
sisting the British : but it is obvious that the majority
of the Kaffir chiefs are resolute to persist in their old
moastrooping practices ; and that the mismanage-
ment of the British authorities in command has en-
couraged them to dream that they can continue to
" lift cattle and levy " black-mail" on the frontier
colonists with impunity. Sir HARRY SMITH leaves
our shores with this knowledge—the colonial minister
sends him forth with this knowledge. There can be
no excuse hereafter, in case of failure, that the actual
state of affairs at the Cape was unknown when the
extent and limits of Sir HARRY'S authority were fixed.
If he should fall short of doing what is necessary, there
can be no apologising on the plea that his hands were
tied. The colonial minister would be equally unw-
donable in giving, and the new governor of the Cape
colony in accepting, too narrow and restricted a corn-
There is no prospect of peace for the colony until
its limits are extended to the eastern frontier of Natal
on the east, and so far as to take in the region con-
• tested by the Griquas and the emigrant Boers on
the north. There is no prospect of peace for the
• colony, unless Sir HARRY SMITH is sent out with
full powers to enforce the recognition of the
sovereignty of the British crown throughout all this
wide region, and to establish within it a constitution
resembling in its main features that eouferned upon
New Zealand. We say in its main features ; for
while the beneficial results that may be anticipated
• shire provisions of that eoemitation for esta-
blishing law among the settlers and introducing It
among the natives are beyond a doubt, the complicated
system of elections for the various councils is certain
to prove unworkable.
It would not repay the expense of time and trouble,
to enter into a serious examination of a project for
colonial defence, which the Times has taken upon
itself to attribute to Earl DART. Probably nobody was
so much surprised to be told that he had senously
contemplated the measure attributed to him as the
noble earl himself. The Times has extended a purely
temporary and local arrangement—suggested by the
exigencies of the actual condition of the frontier set-
tlement, at the Cape, and the conjectural wishes and
interests of well-behaved soldiers—into a general mea-
sure for all the colonies. WI doubt much whether
the plan will be found to work even for the brief
time and in the limited field in which it is to be tried;
and we will not suspect the brother-in-law of Earl
DURHAM, after the entire and notorious failure of all
military settlements attempted in British North
America, of contemplating a repetition of these acted
romances.

WIZEN Mr. Justice WIGHTMAN complained the
other day at Liverpool that he had been engaged for
three days in doing the work of the Court of Chan-
cery, the bar were not backward in reminding him of
other instances in which a similar unjust burden had
been imposed on the common law tribunals. The
resistance which the courts of equity occasionally
require from " the other aide of the ball" is of two
kinds, relating to points of law or issues of fact. The
"cases" which are sent to be argued before the courts
of law might with great advantage be decided by the
equity judges, without waiting tor the certificate of
the &chequer or Common Pleas. They involve, for
the most, complicated questions of title and diffi-
culties
of real property law, which are much more
familiar to an equity lawyer, who has probably at
some time practised as a conveyancer, than to the
majority of the common law bench. Nothing is more
common, when a case is sent mit of Chancery for the
opinion of one of the courts, than to see chancery
leaders brought from their usual places of resort to
argue before a strange tribunal the questions , hich
are known to belong peculiarly to their department.
The equity bar entertain, we believe, but one opinion
of the absurdity of continuing this practice, which in
former times, before the entire separation which now
exists between the equity and the common law bar
had arisen, might probably be natural and convenient.
The Courts of Chancery, however, have much more
excuse for troubling juries and judges at Nisi Pries
with the trial of issues of fact. Ihe case, indeed,
which excited Mr. Justioe WIGlintAN'S impatience
seems to have turned rather on the construction of
acts of parliament and other documents, which, for all
that appears, the judge in equity might have inter-
preted for himself. But where the decision of a suit
in equity really depends on disputed facts, it is not
unreasonable for a court which is precluded from
using the beat means of arriving at the truth, toapply
for the aid of a jurisdiction which is at least not
fettered by similar restriction..
When a question of fact arises in the course of a
snit in equity, which, in the opinion of tke judge, is
neither settled by the written pleadings and evidence
before him, nor a suitable subject for reference to the
Master, he either directs an issue to be tried before a
judge at Nisi Pries, by which the simple point in dis-
pute is raised and decided, or orders an action to be .
brought in such a form, and with lamb admissions, 77.t.-4-1"•>.,
behalf of either party, as to leed toad -.--,•! ,PI
The principal difference between the two want . ..-. , '')>4
iiii.4
proceeding arises only in case of subsequent - -• • i -i
to dispute or disturb the verdict. When an ~,„„y, ~...
sent for trial, the recent is retarned to the • ;Z . 4---
Chancery, and all modem, or other • • - • ' - ' •`1
ing upon it, ere heard by the judge, who
.. • Nr, . . .
same of the original suit ; and se • judge in . se ~
.1,,
not bound to determine in &merlin°, with the •f t.
by which, is the technical Pbreoethil formal an
Y "intbrmid technitli! '•
omeieoo,," it way beaupposed
eel objections will receive- little attention from him ilk('
is satisfied as to the substantial merits of the declaioa
ofthe jury. An action on the other band, though • •
directed by, a court of equity, to be brought for the