The Express.
London, England, 1848-07-26 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JULY 26, 1848.

left the colonies to the administration of con. tantly changing
ministers? Why should there not be a beard of directon to
manage the eolouies ?
Mr. URQUHART suggested that the debate should be
adjourned.
The question was then put and tarried, and the debate
was adjourned for a fortnight.

CASE OF MR. O'BRIEN.
Mr. C. ANSTEY moved, pursuant to notice, for de
papers relative to the charges brought by Governor
M'Donald against Thomas O'Brien, Esq., late Colonial
Secretary of Sierra Leone, aad the counter charges brought
by the latter gentleman against the former, and the decision
of the Colon' il-ortice upon the same. The Colonial-office
had already refused the papers, and had asked the house to
place confidence in the statements of its representatives;
but surely, after the manlier in which the West India papers
had been suppressed, the house would not believe anything
that came from that quarter. (Hear, hear.) Tee case of
Mr. O'Brien was one of great hardship. He had returned
to England from Sierra Leone on an understanding with the
governor that he was to receive another appointment, but on
his arrival in England he found that such charges had bees.
' sent home as caused his (Mr. O'Brieu's) dismissal. The
hon. and learned member proceeded to read some corrispond-
ence which had passed between Governor Macdonald and
Mr. O'Brien, to prove that the lattergentleman had returned
to England under a pledge from the government, and that
th►t pledge had been grvssly violated.
An Hos. Milllllllt here moved that the house be counted,
and 40 members not being present, the house adjourned at a
quarter-past 12 o'clock.

ELECTION COMMITTEES.—YESTERDAY.
IHALLN.—A complaint was made at the sitting of
the couamitteo that several of the witnesses had not received
their expenses. Mr. Rowe applied (or a report to the house
to that effect —The Chairman stated that be would consult
the Speaker, and report to-morrow (this day).—The scrutiny
was then proceeded. with, and one vote was struck off Mr.
Reynolds' majority.
NORTH CIIE:4IIIRE.—The sitting was occupied in
hearing evidence to substantiate the charge of mating
against the agents of Mr. Leigh.

Mr arirnrrtig.

MAILS,

The mails for Vigo, Oporto, Lisbon, Madeira, Cadiz, and Gibraltar
will be made up on the morning of the 27th July.
The mails for British North America, and the United State.,
will be made up on the evening of the 28th July.
The mails for New South Wales, Van Diemen's land, and New
Zealand will be made up on the evening of the 36t July.
The mails for the West Gast of Africa and Madeira will be male
up on the ravening of the 31st 2017.
The West India Mails, including Bermuda, Namara, Havanna
Honduras, New °dame, Vera Crux, Tampico, and Porto ltieo, end
excluding those for Madeira, Jacmel, Carthatena, Santa Martha,
Chagas., Panama, Weet Coast of South America, and St. Juan-ile-
Nicaragwi, will be made up on the morning of the 2nd August.
The ladle for the Brazils, the River Platt, Monte Video, Pernam-
buco, Bahia, Madeira, and Buenos Ayes, will be made up on the
evening of the 4th August.
The overland clotted mails, via Marseilles, to the Mediterranean,
Egypt, Aden, Ceylon, India, I iong-Kong, &c., will be made up on the
evening of the 7th Aug,
The overland mails for Gibraltar, Malta, Greece, the lonian Islands,
Egypt, Aden, Ceylon, lndu, Hong-Kung, and Chine, via Southamp-
ton, will be made upon the evening of the 19th August.

NOTICE TO ADVERTISERS.
The number of STAMPS issued by the authorities of the
Stamp-ollioe, during 1847, to the
DAILY NEWS was 3.447.009
This, we believe, lo within eight per cent. of the number
issued to the Morning Herald, Morning Chronicle, ant
Morning Foal, ALL PVT TOGETHER.
In addition to the above, issued to the DAILY NEWS,
Morning Paper, there were issued for the Evensno Edition,
THE EXPRESS 778.714
Which was more, we believe, than were issued either to
the Globe or Standard. Evening Papers.

HIGH WATER AT LOR DOH 1111DOR.
T•;0 —11.1.010 A. W ouo.oool Aftentos. n NW 10
T. Mama& II ads. Awn 11 ; Ahoson, if W. 0•4111.

LONDON,IVEDNESDAY,JUL Y 26.

Tut last attempt to infuse something of reality
into the Incumbered Estates Bill has been defeated in
the H.-use of Commons, and having been read a third
time, nothing now remains but that it should receive
its summary coup de !pike from the more plain-deal-
ing House of Loris. We understand that Lord
STANLEY and his friends, encouraged by the manner
in which almost every useful detail has been sacrificed
in the Commons, have avowed their determination to
. .

erase the barren principle still remaining in the bill,
and so to secure its total abandonment for this
year. Whether they do or do not pursue this
course is now of comparatively little moment.
As a political concession no measure of the kind
—even though it were a reality and not a sham—
would in the present convulsed and fevered state of
Ireland be treated with mush regard. But at no time
could such a caricature of practical legislation merit
either gratitude or respect. As a bold admission of
the necessity that exists for some legislative change
regarding the transfer of landed property, it may be
deemed desirable that the title of this bill should ap-
pear in the index to modern statutes, but that it will
legitimately, usefully, or extensively facilitate the sale
of incumbered estates we utterly deny.
To say that its provisions ehou d they ever become
law, will have no effect whatever, would probably be
incorrect. The best and wisest enactments are con-
stantly perverted by dishonest ingenuity to uses never
apprehended or foreseen. No sooner are they placed
upon the statute book than those whose ill practices
they were meant to restrain, begin to whip their wits
for some expedient whereby to carry on their former
knavery according to the new law. In the present
case, however, these worthies, who exist in every
community and at all times abound, cannot complain
of being put to any unnecessary trouble. They will
find facilities such as they never had before for the
perpetration of unprovable and unpuniehable frauds.
Parties are allowed by this bill to sell not only what
is their own, bat what belongs to other people, and
it leaves to the result of a lottery of notices and affi-
davits, all ex parte, whether the absent parties, whom
it may be the object of the conspiring vendor and
purchaser to rob, shall ever hear of the transaction,
until proof of the fraud is impossible, and restitution
can be no longer claimed. In vain it was urged by
several independent members friendly to the true
objects of the measure, that without a special
officer appointed to inquire beforehand into
the lawfulness and rightfulness of each trans-
action, those unlitigated never could be safe or
practically useful. No heed was paid to any sug-
gestion on the subject ; but a clumsy drag on the
wheel was pointed to as a master-piece of legal me-
chanism—the said drag being nothing more nor less
than the old right which everybody has when he
suspects he is going to be injured by another's deal-
ings, to ask the Court of Chancery for an injunction,
as it is called, to atop all further proceedings. So
that, in fact, the security thus afforded is for the use
of all who may be watchful and able to look after
their rights; but as for the weak, the poor, or the
absent, they aro left defenceless, remediless, and
helpless.
Amongst the creditors the same unjust and impo-
litic preference has been avowedly shown to the
wealthier and more powerful. No mean or minor
man need apply for aid in the recovery of his debt
under this exclusive and monopolising bill. The
usurious and grasping money lenders and the opulent
insurance companies are the sole objects of its care.
The grand creditors are protected and pampered with
new legal facilities. It they like to sell an Irish
estate they nay do so as soon as they please,
whether the owner or other creditors like it
or not. If they do not please, which is much
the more frequent case, the estate may
decay, the tenantry may starve, the owner
may be redaced to hopeless ruin, and the other cre-
ditors may be kept out of the interest of their money
for years, and lose the costs of their proceedings
against an eventually deficient fund; but the rich
mortgagees being secured, all the rest must go for
nothing.
The injustice of this was pointed out while the
bill was in committee, on more than one occasion ;
but the Solicitor-General replied that the measure had
been thus framed, not by Lord COTTENIIAM or him-
self, but in submission to threats of certain of the
joint-stock companies in the city, who otherwise
would have opposed its progress.
Finally, and worst of all, the want of all fair play
between the more and less opulent purchaser was
again and again pointed out in discussion. It was'
shown that in every way, the cost of title, of con-
veyance, and of stamps, the large purchaser was un-
justly favoured, and the man of moderate capital
deterred from buying. As one step towards rectify-
ing this evil an amendment was moved by Mr.
MONSELL, on Monday night, to exempt small pur-
chases from this prohibitory impost. Nearly every
Irish member present and many of the best men
among the English and Scotch members supported
it. But no heed whatever was of course paid to such
remonstrances, and the proposition was negatived by
a majority of two to one.
We had some hopes of this bill et the commence
meet of the session; but after what we have seen and

chronicled, we are reluctantly constrained to own that
these hopes are ne rly gone. Should this miserable
make-believe per into a law, its absolute failure to
accomplish any of the ends proposed will lead the on-
reflecting and unenquiring many to believe that no-
thing effectual was possible; and should it be thrown
out by the House of Lords the fact will be used as an
argument with the docile Commons next year against
t.ltroducing a just, a wise, and an efficient bill.

Fee' of our readers are probably aware that at the
assizes now being holden at York there are no less
than 58 Prisoners for trial upon charges connected
with the recent proceedings of the chartists; that the
offences embr.ve all the forms of seditious speeches,
of illegal meettogs, of riot, of rescue, of training and'
drilling others in the use of arms, of being 'present for
the purpose of being, trained and drilled, and of aiding,
assisting, and abettivg an unlawful assembly of per-
sons in their being trained and drilled to the practice
of military movements and evolutions: in short, that
more than one-fourth of the calendar is made up of
persons charged with these political offences in Brad-
ford, Horton, Bingley, Drighlington, North Bierley,
Nlanningham, Halifax, Skirooat, Emley, and Clayton,
in the west riding ; that only nine have been enabled
to obtain bail; and that the variation in the forms
of the committals does infinite credit to the
ingenuity of Mr. W. BeBFIELD FERRAND and
his brother magistrates; for whilst one man is com-
mitted for " having wickedly, maliciously, and sedi-
tiously, in the presence and hearing of divers liege
subjects of oar Sovereign Lady the Queen Victoria,
uttered, pronounced, and declared certain scandalous,
malicious, and seditious words, of and concerning our
said Lady the Queen, her government, crown,
and dignity; another stands charged, that he.
"with one It. W. and divers other evil-disposed per-
sons, to the number of 500 and more, at present un-
known, did unlawfully meet tozether for the nurnose
purpose of exciting the liege subjects of our Lady the
Queen to hatred, and hostility to the government and
constitution of this realm—and did by loud and sedi-
tious speeches, exclamations, and cries, and by ex-
hibiting divers flags and banners of a seditious eha-
•racter, cause great terror and alarm to divers
peaceable and liege subjects of our Lady the Queen,
her crown, and dignity."
The assizes have lasted one entire week, and we
are not yet in ion of any information to lead
us to a knowledge of the course the law officers oft. e
crown intend to take with respect to these 68 pri-
soners, but we draw our renders' attention to the num-
ber and the nature of the charges made, to point out
the necessity of having a me ostensible and responsible
person who will act as public prosecutor, sift care-
fully the evidence on which the committals have been
made, select the most flagrant cases for trial, and pu-
nish the ringleaders rather than the more ignorant
followers. It is the firmness combined with
the judicious leniency of the administrative
government which causes respect for the laws, and,
moreover, it is most important that one general plan
should be followed in all parts of the country; that
the same system should be pursued at York as is laid
down at the Old Bailey, and that whilst the supre-
macy of the law is maintained and the peaceable in-
habitants of the district have their confidence re-
assured, there shall be a full faith among the accused
that they will be fairly and impartially dealt with.
Now this uniformity of arrangement, and this desire
to act alike in all places, can never be carried oat so
long as there is no one head directing the whole, or
even consulted upon the arrangements for the trial.
We all know how difficult a task it is for local ma-
gistrates in times of great excitement to weigh
accurately the evidence against particular prisoners,
or to discriminate between individual cases; in
general, it is the custom, and, indeed, the duty
of the magistrate to commit for trial on all °scallions
where a strong presumptive case is made out before
him : it is his duty to leave to another tribunal the
question of actual guilt or innocence, and the proper
punishment to be meted out. This very duty, how-
ever, causes many committals which it would be in-
judicious to follow up. Mr. JUSTICE ERLE recom-
mended the Yorkshire gram d jury to fling out bills,
where a conviction would, probably, fail before the
I common jury; the grand jury, too zealous to follow
the learned judge's advice, have sent all the political
cases to trial. How muc'm better would it be if
all the eases were investigated by some competent
public officer, and that instead of the Lap hazard and
hurried opinion of a grand jury, the calmer
and more considerate decision of a well-versed
prosecutor should be taken upon them. Under the
I mode now followed, it may well happen that
an excess of zeal shall fill the gaol with men
who hare participated little in the actual dis-
turbances, and it would be wise to have some one on
whose responsibility it should reie, whether those par-
ties should or should not be put upon their trial. As
it is, one rule may obtain in London, a second at
York, and a third at Lancarter • nay, the very form
of the charge for the same offence may be different,
and one man may be tried under the old law of sedi-
tion in one place, and another, for an exactly similar
offence elsewhere, may be tried under the law of the
present session ; and though the one may be subject
only to two years' imprisonment, the other riay find
his way as a felon to some penal settlement.
It was generally admitted, that with the exception,
perhaps, of VERNON'S case, the judgment, the dis-
cretion, and the moderation di-played by the Attorney-
General and the crown counsel in the recent trials at
the Old Bailey, were exemplary : care was in general
taken not to strain the law, or to act with unne-
cessary harshness towards the defendants: and the
members of the chartist body were satisfied of the
perfect fairness of all that took place. In London we
know that the old law of sedition alone was had re-
course to, that no one was indicted for the felony, and
that when one had pleaded guilty to the riot, which
would have subjected him to hard labour, the Attor-
ney-General waived entering up judgment on that
count. Here then were the law officers of the
crown acting on their responsibility to the country,
and with a regard for their own high characters :
with the London trials, however, the authom ity of
the crown prosecutors ceases. Unless taken down
specially, they will have nothing to do with
the conduct of the proceedings elsewhere; the
framing of the indictment will be left to the
crownjunior on tech circuit; the senior Queen's
counsel wilt, perhaps, hold briefs for the prosecution;
beyond this there will be no control, and there can be
no one directing voice to make the whole of the moths
of prosecution harmonise, .o temper any excess of
I zeal on the part of the local authorities, or to release
from prison the lesi culpable offenders. In the case
of time York trials the want of some such control is
most evident, for, if we are to judge from the wording
of the committals, there may be one or two indict-
ments preferred for felony under the new act, instead
of for sedition under the common law ; and it could
I not be intended by the government that one law
should be enforced in the south and a much more
severe law be used in the north. Satisfied we are
that any such inconsistency will be discountenanced
by the chief law officers, and we hope prevented. Yet
the bare possibility of such a discrepancy ought to be
avoided.

CHINA.
THE INDIAN ARCHIPELAGO.

HONG-KONG, MAY 25.—0 n April 29 the go-
vernor, accompanied by Mrs. Bonham, Gen. Stavely, and
others, embarked in ll.M.'s steamer Medea for the Bogue
Forts, to meet the Chinese commissioner, Sin. On arrival
of the Itledea at that place the H.C.S. Pluto took the
governor and his staff out with a guard of honour furnished
by H.M.'s 95th Rcgt., several of the officers of that regiment
and of both steamers being present at the interview and sub-
sequent chow-chow furnished by the imperial commissioner.
The dinner included birds'-nest soup, shark-fins, and all
Chinese delicacies. Notwithstanding the lateness of the
hour, his Excellency Sin, accompanied by the Admiral Li,
returned his excellency's visit on board the Medea, which
was necessarily of short duration, as it was getting dark. The
Pluto took the Chinese commissioner and his suite back. The
following morning the Medea proceeded to Whampoa,
where the governor, Mrs. Bonham, &c., left her, and went
up to Canton.
Her Majesty's steamer, Fury, left Hong-Kong April 29,
for Bombay, with treasure. While at Bombay the Fury will
undergo some necessary repairs, and may be expected to re•
turn here in September next, to carry his Excellency the
Gavernor of Japan on an important mission there with the
Niew of opening a commercial communication.
At Canton all has remained quiet. A little incident
occurred which, at first sight, had an ugly appearance, but
that wore away in the general puzzle as to what was really
the subject-matter of dispute. On May 10 the officiating
consul issued the following :
Pt BUC Nonce—The provisional government having violated and
set at naught the sth article in the treaty of Nanking, and baring
sent a positive denial of reparation to the remonstrances and requi-
,ltiona of the undersigned 11. B. )L's officiating oonsul at this port
he is constrained to request that all British merchants hay' duties
and tonnage dam to pay WO the Imperial MU,'" willwit hoktthe

same pending the plewuro of H. M.'s plenipotentiary, to whom the
point at lane ha:. been referred.—..l our W. Eurst.nr, H. M.'s (Midst-
. mg Consul.—Britab Consulate Canton, Maylo, 181$.
It was vaguely evojectuved that the above had reference to a
, rumoured ea.esubtohment of the system of the Co-Hong,
abolished by clause 5 of the treaty. His excellency the
governor took a different view of the matter, and scolded
the officiating consul for gratuitously acting without the
sanction of higher authority, when the notice was cancelled
by the following
Ptaiac Nor:ex.—ln eoneetpienoe in' instruction. from St. csmi•
tency her Majesty's plenipotentiary, &c., he., the undersigned, her
Britannic Majesty's officiating coma, Mat to request that British
merchants at this port pay Into the imperial enstoms all legal dunes
and tonnage. as heretofore.—Anur w. her Britannic
Majesty's Officiating Comul.—British Consadat.? 01Sm, 10th May,
1848.
Loud complaints hove been made at Hong. Kong against
the conduct of the present acting chief justi:e, and the
journals here are unanimous in denouncing his e:nduct on
the bench as partial, and destructive to the independence
necessary to the seat of judgment. Mr. Campbell, as the
only remaining barrister, was appointed to act in Mr.
Stirling's absence, and when Judge Holm. was suspended
the acting attorney-general became acting chief justice-
Mr. Stirling has returned, but Mr. Campbell refuses to yield
precedence to his senior, and adjudicated in a case in which
the chief magistrate was defendant, in an action brought by
Messrs. D'Assiz and Pacheco for false imprisonment, re-
fusing to postpone the trial, notwithstanding tae fact of its
being sworn that the principal witness for the plaintiff was
sick, and impossible to be then removed. On the 11th inst.
the daughter of General Stately, C.D., was married to Mr.
Jackson, police magistrate at Singapore.
SINGAPORE, JUNE S.—Alum-AL OF RAJAH
Bu.:ous.—On the 20th H.K. s st., Meander, Capt. the Hon.
H. Keppel, arrived with Rajah Brooke and staff, after a I
passage of 93 days. Mr. Brooke landed incog., but on Mow
day afternoon returned on board the frigate, and at 5 p.m.
landed in state. Mr. Brooke proceeded to the residence of
the governor, and will remain a guest there during his stay
at Singapore, The Meander with the governor and lieu-
tenant of Labuan will not leave for the island for about a
month, as the Meander is now undergoing repairs, and no
preparations are completed at Labuan to receive the execu-
tive. The Queen's birthday, May 21, was kept up with
much spirit by his honour the governor, who gave a ball and
supper, but anticipated the event by a day, in consequence '
of the 24th (Wednesday) being the usual week-day service
at the church.
ara.,t.evu, LLAC • kCI.4/1 tat •V* 14•••• •,./
Chinese convicts escaped from the General Wood. After an
investigation which lasted two days they were all found
guilty, and sentence of death recorded against them, except-
ing four, on whom sentence of death was passed. Of these
four, three were hanged on the morning of the 2Gth of May,
the fourth being respited. The 23 convicts have
been sentenced to transportation to Bombay, chiefly fer life.
l'irates in and near the offing hays become as numerous
and daring as at any time since the settlement has been •
established.

LABUAN.—lntelligeneo from this intended settle-
ment has ►een received, vid Singapore, to the 27th of April,
at whirls date all remained in the same quiet state previously
reported. The II C.'s steam-frigate, Auckland, was doing the
duty of guard-ship. Reports were made of piratical prows
infesting the neighbourhood, but nothing was seen of them
from the steamer. Preparations were actively going on to
carry out the plan of colonising the island. A large house
was in course of erection in which to receive the governor,
Rajah Brooke. The probable wants of intending settlers ap-
pear to be anticipated by the native traders. In the middle
of April last a prow arrived at Labuan with about 70 head ol
cattle, including several excellent ponies, the whole of which
were bought up by Mr. Miles, the government coal contractor.
A number of Borneose had applied for and obtained employ-
ment at the coal mines. On arrival of Rajah Brooke his
honour will receive from Singapore a military guard of 200
sepoys belonging to the Madras Army, for whose accommo-
dation barracks or sepoy lines are in course of preparation.
The plan of the fortfficatioes and barracks has been drawn
by Major Faber, of the Madras Engineers, and an ex
ecutive officer, Lieut. Sweet, 21st M.N.1., is about to pro-
ceed to Labuan to superintend the arrangements. No time
appears to be loot in carrying out the preliminaries for coloni-
sation. A Labuan government office has been opened at
Singapore. Atter the arrival of the English mail of April
24, the Hon. Company's steamer Phlegethon was to pro-
ceed to Labuan, to relieve the Auckland steam-frigate of the
duties of guard-ship. By the Phlegethon, the surveyor-
general, Mr. Scott, and the master-attendant, Lieut. Hostin,
Ft N., would embark for the scene of their future labours.
The site of government house and of the town will also
then be Sled upon. After the survey is completed the town
allotments will be sold on leases for 99 years, and those in
the country in perpetuity. The allotments will be sold by
public auction at Singapore. No squ►tters, as at Hong-
Kong, will be allowed, and no one will be permitted to put
foot on shore until after the executive has published an
official notification to that effect. Singapore has been taken
as a model, and, like that commercial entrepZi, we believe,
the intended port of Victoria will be unencumbered with
duties or port charges of any kind.
SARAWA.K.—Bome £0 PROPEL Preparations
were in operation at the date of our last advice, (May 10)
for entering on the sugar cultivation ; about 20,000 acres p
land have been selected for the operations of the Eastern
Archipelago Company. The Rev. Messrs. Macdoug.l and
W right, church missionaries to Borneo, arrived at Singe-
pore, May 23, and would soon proceed to Sarawak, to com-
mence the labours of the mission.